Hazing (R.A. No. 8049 as amended by R.A. No.

11053)

AN ACT REGULATING HAZING AND OTHER FORMS OF INITIATION RITES IN FRATERNITIES,

SORORITIES, AND OTHER ORGANIZATIONS AND PROVIDING PENALTIES THEREFOR

Section 1. Hazing, as used in this Act, is an initiation rite or practice as a prerequisite for admission
into membership in a fraternity, sorority or organization by placing the recruit, neophyte or applicant in
some embarrassing or humiliating situations such as forcing him to do menial, silly, foolish and other
similar tasks or activities or otherwise subjecting him to physical or psychological suffering or injury.

The term "organization" shall include any club or the Armed Forces of the Philippines, Philippine
National Police, Philippine Military Academy, or officer and cadet corp of the Citizen's Military Training
and Citizen's Army Training. The physical, mental and psychological testing and training procedure and
practices to determine and enhance the physical, mental and psychological fitness of prospective
regular members of the Armed Forces of the Philippines and the Philippine National Police as
approved ny the Secretary of National Defense and the National Police Commission duly
recommended by the Chief of Staff, Armed Forces of the Philippines and the Director General of the
Philippine National Police shall not be considered as hazing for the purposes of this Act.

Section 2. No hazing or initiation rites in any form or manner by a fraternity, sorority or organization
shall be allowed without prior written notice to the school authorities or head of organization seven (7)
days before the conduct of such initiation. The written notice shall indicate the period of the initiation
activities which shall not exceed three (3) days, shall include the names of those to be subjected to
such activities, and shall further contain an undertaking that no physical violence be employed by
anybody during such initiation rites.

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

Section 4. If the person subjected to hazing or other forms of initiation rites suffers any physical injury
or dies as a result thereof, the officers and members of the fraternity, sorority or organization who
actually participated in the infliction of physical harm shall be liable as principals. The person or
persons who participated in the hazing shall suffer:

1. The penalty of reclusion perpetua (life imprisonment) if death, rape, sodomy or mutilation
results there from.

2. The penalty of reclusion temporal in its maximum period (17 years, 4 months and 1 day to
20 years) if in consequence of the hazing the victim shall become insane, imbecile, impotent or
blind.

3. The penalty of reclusion temporal in its medium period (14 years, 8 months and one day to
17 years and 4 months) if in consequence of the hazing the victim shall have lost the use of
speech or the power to hear or to smell, or shall have lost an eye, a hand, a foot, an arm or a
leg or shall have lost the use of any such member shall have become incapacitated for the
activity or work in which he was habitually engaged.

4. The penalty of reclusion temporal in its minimum period (12 years and one day to 14 years
and 8 months) if in consequence of the hazing the victim shall become deformed or shall have
lost any other part of his body, or shall have lost the use thereof, or shall have been ill or
incapacitated for the performance on the activity or work in which he was habitually engaged
for a period of more than ninety (90) days.

5. The penalty of prison mayor in its maximum period (10 years and one day to 12 years) if in
consequence of the hazing the victim shall have been ill or incapacitated for the performance
 on the activity or work in which he was habitually engaged for a period of more than thirty (30)
days.

6. The penalty of prison mayor in its medium period (8 years and one day to 10 years) if in
consequence of the hazing the victim shall have been ill or incapacitated for the performance
on the activity or work in which he was habitually engaged for a period of ten (10) days or
more, or that the injury sustained shall require medical assistance for the same period.

7. The penalty of prison mayor in its minimum period (6 years and one day to 8 years) if in
consequence of the hazing the victim shall have been ill or incapacitated for the performance
on the activity or work in which he was habitually engaged from one (1) to nine (9) days, or that
the injury sustained shall require medical assistance for the same period.

8. The penalty of prison correccional in its maximum period (4 years, 2 months and one day to
6 years) if in consequence of the hazing the victim sustained physical injuries which do not
prevent him from engaging in his habitual activity or work nor require medical attendance.

The responsible officials of the school or of the police, military or citizen's army training organization,
may impose the appropriate administrative sanctions on the person or the persons charged under this
provision even before their conviction. The maximum penalty herein provided shall be imposed in any
of the following instances:

(a) when the recruitment is accompanied by force, violence, threat, intimidation or deceit on the
person of the recruit who refuses to join;

(b) when the recruit, neophyte or applicant initially consents to join but upon learning that
hazing will be committed on his person, is prevented from quitting;

(c) when the recruit, neophyte or applicant having undergone hazing is prevented from
reporting the unlawful act to his parents or guardians, to the proper school authorities, or to the
police authorities, through force, violence, threat or intimidation;

(d) when the hazing is committed outside of the school or institution; or

(e) when the victim is below twelve (12) years of age at the time of the hazing.

The owner of the place where hazing is conducted shall be liable as an accomplice, when he has
actual knowledge of the hazing conducted therein but failed to take any action to prevent the same
from occurring. If the hazing is held in the home of one of the officers or members of the fraternity,
group, or organization, the parents shall be held liable as principals when they have actual knowledge
of the hazing conducted therein but failed to take any action to prevent the same from occurring.

The school authorities including faculty members who consent to the hazing or who have actual
knowledge thereof, but failed to take any action to prevent the same from occurring shall be punished
as accomplices for the acts of hazing committed by the perpetrators.

The officers, former officers, or alumni of the organization, group, fraternity or sorority who actually
planned the hazing although not present when the acts constituting the hazing were committed shall be
liable as principals. A fraternity or sorority's adviser who is present when the acts constituting the
hazing were committed and failed to take action to prevent the same from occurring shall be liable as
principal.

The presence of any person during the hazing is prima facie evidence of participation therein as
principal unless he prevented the commission of the acts punishable herein.

Any person charged under this provision shall not be entitled to the mitigating circumstance that there
was no intention to commit so grave a wrong.
This section shall apply to the president, manager, director or other responsible officer of a corporation
engaged in hazing as a requirement for employment in the manner provided herein.

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

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

Section 7. This Act shall take effect fifteen (15) calendar days after its publication in at least two (2)
national newspapers of general circulation.
Money Laundering (R.A. No. 9160, as amended by R.A. Nos. 9194, 10167, 10365, and 10927)

SEC. 3. Definitions.  — For purposes of this Act, the following terms are hereby defined as
follows:

(a) “Covered institution” refers to:

(1) banks, non-banks, quasi-banks, trust entities, and all other institutions and their
subsidiaries and affiliates supervised or regulated by the Bangko Sentral ng Pilipinas
(BSP);

(2) insurance companies and all other institutions supervised or regulated by the
Insurance Commission; and

(3) (i) securities dealers, brokers, salesmen, investment houses and other similar entities
managing securities or rendering services as investment agent, advisor, or consultant, (ii)
mutual funds, closed-end investment companies, common trust funds, pre-need
companies and other similar entities, (iii) foreign exchange corporations, money changers,
money payment, remittance, and transfer companies and other similar entities, and (iv)
other entities administering or otherwise dealing in currency, commodities or financial
derivatives based thereon, valuable objects, cash substitutes and other similar monetary
instruments or property supervised or regulated by Securities and Exchange Commission.

(b) “Covered transaction” is a single, series, or combination of transactions involving a

total amount in excess of Four million Philippine pesos (Php4,000,000.00) or an
equivalent amount in foreign currency based on the prevailing exchange rate within five
(5) consecutive banking days except those between a covered institution and a person
who, at the time of the transaction was a properly identified client and the amount is
commensurate with the business or financial capacity of the client; or those with an
underlying legal or trade obligation, purpose, origin or economic justification.

It likewise refers to a single, series or combination or pattern of unusually large and

complex transactions in excess of Four million Philippine pesos (Php4,000,000.00)
especially cash deposits and investments having no credible purpose or origin, underlying
trade obligation or contract.

(c) “Monetary instrument” refers to:

(1) coins or currency of legal tender of the Philippines, or of any other country;

(2) drafts, checks and notes;

(3) securities or negotiable instruments, bonds, commercial papers, deposit certificates,

trust certificates, custodial receipts or deposit substitute instruments, trading orders,
transaction tickets and confirmations of sale or investments and money market
instruments; and
(4) other similar instruments where title thereto passes to another by endorsement,
assignment or delivery.

(d) “Offender” refers to any person who commits a money laundering offense.

(e) “Person” refers to any natural or juridical person.

(f) “Proceeds” refers to an amount derived or realized from an unlawful activity.

(g) “Supervising Authority” refers to the appropriate supervisory or regulatory agency,

department or office supervising or regulating the covered institutions enumerated in
Section 3(a).

(h) “Transaction” refers to any act establishing any right or obligation or giving rise to any
contractual or legal relationship between the parties thereto. It also includes any
movement of funds by any means with a covered institution.

(i) “Unlawful activity” refers to any act or omission or series or combination thereof
involving or having relation to the following:

(1) Kidnapping for ransom under Article 267 of Act No. 3815, otherwise known as the
Revised Penal Code, as amended; aSCHcA

(2) Sections 3, 4, 5, 7, 8 and 9 of Article Two of Republic Act No. 6425, as amended,
otherwise known as the Dangerous Drugs Act of 1972;

(3) Section 3 paragraphs B, C, E, G, H and I of Republic Act No. 3019, as amended;

otherwise known as the Anti-Graft and Corrupt Practices Act;

(4) Plunder under Republic Act No. 7080, as amended;

(5) Robbery and extortion under Articles 294, 295, 296, 299, 300, 301 and 302 of the
Revised Penal Code, as amended;

(6) Jueteng and Masiao punished as illegal gambling under Presidential Decree No. 1602;

(7) Piracy on the high seas under the Revised Penal Code, as amended and Presidential
Decree No. 532;

(8) Qualified theft under Article 310 of the Revised Penal Code, as amended;

(9) Swindling under Article 315 of the Revised Penal Code, as amended;

(10) Smuggling under Republic Act Nos. 455 and 1937;

(11) Violations under Republic Act No. 8792, otherwise known as the Electronic
Commerce Act of 2000;
(12) Hijacking and other violations under Republic Act No. 6235; destructive arson and
murder, as defined under the Revised Penal Code, as amended, including those
perpetrated by terrorists against non-combatant persons and similar targets;

(13) Fraudulent practices and other violations under Republic Act No. 8799, otherwise
known as the Securities Regulation Code of 2000;

(14) Felonies or offenses of a similar nature that are punishable under the penal laws of
other countries.

SEC. 4. Money Laundering Offense. — Money laundering is a crime whereby the proceeds
of an unlawful activity are transacted, thereby making them appear to have originated
from legitimate sources. It is committed by the following:

(a) Any person knowing that any monetary instrument or property represents, involves, or
relates to, the proceeds of any unlawful activity, transacts or attempts to transact said
monetary instrument or property.

(b) Any person knowing that any monetary instrument or property involves the proceeds
of any unlawful activity, performs or fails to perform any act as a result of which he
facilitates the offense of money laundering referred to in paragraph (a) above.

(c) Any person knowing that any monetary instrument or property is required under this
Act to be disclosed and filed with the Anti-Money Laundering Council (AMLC), fails to do
so.

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

Keeping. — (a) Customer Identification. — Covered institutions shall establish and record
the true identity of its clients based on official documents. They shall maintain a system
of verifying the true identity of their clients and, in case of corporate clients, require a
system of verifying their legal existence and organizational structure, as well as the
authority and identification of all persons purporting to act on their behalf.

The provisions of existing laws to the contrary notwithstanding, anonymous accounts,

accounts under fictitious names, and all other similar accounts shall be absolutely
prohibited. Peso and foreign currency non-checking numbered accounts shall be allowed.
The BSP may conduct annual testing solely limited to the determination of the existence
and true identity of the owners of such accounts.
(b) Record Keeping. — All records of all transactions of covered institutions shall be
maintained and safely stored for five (5) years from the dates of transactions. With
respect to closed accounts, the records on customer identification, account files and
business correspondence, shall be preserved and safely stored for at least five (5) years
from the dates when they were closed.

(c) Reporting of Covered Transactions. — Covered institutions shall report to the AMLC all
covered transactions within five (5) working days from occurrence thereof, unless the
Supervising Authority concerned prescribes a longer period not exceeding ten (10)
working days.

When reporting covered transactions to the AMLC, covered institutions and their officers,
employees, representatives, agents, advisors, consultants or associates shall not be
deemed to have violated Republic Act No. 1405, as amended; Republic Act No. 6426, as
amended; Republic Act No. 8791 and other similar laws, but are prohibited from
communicating, directly or indirectly, in any manner or by any means, to any person the
fact that a covered transaction report was made, the contents thereof, or any other
information in relation thereto. In case of violation thereof, the concerned officer,
employee, representative, agent, advisor, consultant or associate of the covered
institution, shall be criminally liable. However, no administrative, criminal or civil
proceedings, shall lie against any person for having made a covered transaction report in
the regular performance of his duties and in good faith, whether or not such reporting
results in any criminal prosecution under this Act or any other Philippine law.

When reporting covered transactions to the AMLC, covered institutions and their officers,
employees, representatives, agents, advisors, consultants or associates are prohibited
from communicating, directly or indirectly, in any manner or by any means, to any person,
entity, the media, the fact that a covered transaction report was made, the contents
thereof, or any other information in relation thereto. Neither may such reporting be
published or aired in any manner or form by the mass media, electronic mail, or other
similar devices. In case of violation thereof, the concerned officer, employee,
representative, agent, advisor, consultant or associate of the covered institution, or media
shall be held criminally liable.

SEC. 14. Penal Provisions. — (a) Penalties for the Crime of Money Laundering. The penalty
of imprisonment ranging from seven (7) to fourteen (14) years and a fine of not less than
Three million Philippine pesos (Php3,000,000.00) but not more than twice the value of the
monetary instrument or property involved in the offense, shall be imposed upon a person
convicted under Section 4(a) of this Act.

The penalty of imprisonment from four (4) to seven (7) years and a fine of not less than
One million five hundred thousand Philippine pesos (Php1,500,000.00) but not more than
Three million Philippine pesos (Php3,000,000.00), shall be imposed upon a person
convicted under Section 4(b) of this Act.
The penalty of imprisonment from six (6) months to four (4) years or a fine of not less
than One hundred thousand Philippine pesos (Php100,000.00) but not more than Five
hundred thousand Philippine pesos (Php500,000.00), or both, shall be imposed on a
person convicted under Section 4(c) of this Act.

(b) Penalties for Failure to Keep Records. The penalty of imprisonment from six (6)
months to one (1) year or a fine of not less than One hundred thousand Philippine pesos
(Php100,000.00) but not more than Five hundred thousand Philippine pesos
(Php500,000.00), or both, shall be imposed on a person convicted under Section 9(b) of
this Act.

(c) Malicious Reporting. Any person who, with malice, or in bad faith, report or files a
completely unwarranted or false information relative to money laundering transaction
against any person shall be subject to a penalty of six (6) months to four (4) years
imprisonment and a fine of not less than One hundred thousand Philippine pesos
(Php100,000.00) but not more than Five hundred thousand Philippine pesos
(Php500,000.00), at the discretion of the court: Provided, That the offender is not entitled
to avail the benefits of the Probation Law.

If the offender is a corporation, association, partnership or any juridical person, the

penalty shall be imposed upon the responsible officers, as the case may be, who
participated in the commission of the crime or who shall have knowingly permitted or
failed to prevent its commission. If the offender is a juridical person, the court may
suspend or revoke its license. If the offender is an alien, he shall, in addition to the
penalties herein prescribed, be deported without further proceedings after serving the
penalties herein prescribed. If the offender is a public official or employee, he shall, in
addition to the penalties prescribed herein, suffer perpetual or temporary absolute
disqualification from office, as the case may be.

Any public official or employee who is called upon to testify and refuses to do the same or
purposely fails to testify shall suffer the same penalties prescribed herein.

(d) Breach of Confidentiality. The punishment of imprisonment ranging from three (3) to

eight (8) years and a fine of not less than Five hundred thousand Philippine pesos
(Php500,000.00) but not more than One million Philippine pesos (Php1,000,000.00), shall
be imposed on a person convicted for a violation under Section 9(c).

SEC. 5. Jurisdiction of Money Laundering Cases. — The regional trial courts shall have
jurisdiction to try all cases on money laundering. Those committed by public officers and
private persons who are in conspiracy with such public officers shall be under the
jurisdiction of the Sandiganbayan.

SEC. 6. Prosecution of Money Laundering.

(a) Any person may be charged with and convicted of both the offense of money
laundering and the unlawful activity as herein defined.
(b) Any proceeding relating to the unlawful activity shall be given precedence over the
prosecution of any offense or violation under this Act without prejudice to the freezing
and other remedies provided.

SEC. 16. Prohibitions Against Political Harassment. — This Act shall not be used for
political persecution or harassment or as an instrument to hamper competition in trade
and commerce.

No case for money laundering may be filed against and no assets shall be frozen,
attached or forfeited to the prejudice of a candidate for an electoral office during an
election period.

I. Parole (Indeterminate Sentence Law)

Act No. 4103, Sec. 2-8

ACT NO. 4103
(As Amended by Act No. 4225 and Republic Act No. 4203 [June 19, 1965])
AN ACT TO PROVIDE FOR AN INDETERMINATE SENTENCE AND PAROLE FOR ALL
PERSONS CONVICTED OF CERTAIN CRIMES BY THE COURTS OF THE PHILIPPINE
ISLANDS; TO CREATE A BOARD OF INDETERMINATE SENTENCE AND TO PROVIDE
FUNDS THEREFOR; AND FOR OTHER PURPOSES.
Section 1. Hereafter, in imposing a prison sentence for an offense punished by the
Revised Penal Code, or its amendments, the court shall sentence the accused to an
indeterminate sentence the maximum term of which shall be that which, in view of
the attending circumstances, could be properly imposed under the rules of the said
Code, and the minimum which shall be within the range of the penalty next lower to
that prescribed by the Code for the offense; and if the offense is punished by any
other law, the court shall sentence the accused to an indeterminate sentence, the
maximum term of which shall not exceed the maximum fixed by said law and the
minimum shall not be less than the minimum term prescribed by the same. 
Sec. 2. This Act shall not apply to persons convicted of offenses punished with death
penalty or life-imprisonment; to those convicted of treason, conspiracy or proposal to
commit treason; to those convicted of misprision of treason, rebellion, sedition or
espionage; to those convicted of piracy; to those who are habitual delinquents; to
those who have escaped from confinement or evaded sentence; to those who having
been granted conditional pardon by the Chief Executive shall have violated the terms
thereof; to those whose maximum term of imprisonment does not exceed one year,
not to those already sentenced by final judgment at the time of approval of this Act,
except as provided in Section 5 hereof. 
.
Sec.  3. There is hereby created a Board of Pardons and Parole to be composed of the
Secretary of Justice who shall be its Chairman, and four members to be appointed by
the President, with the consent of the Commission on Appointments who shall hold
office for a term of six years: Provided, That one member of the board shall be
Sec.  5. It shall be the duty of the Board of Indeterminate Sentence to look into the
physical, mental and moral record of the prisoners who shall be eligible to parole and
to determine the proper time of release of such prisoners. Whenever any prisoner
shall have served the minimum penalty imposed on him, and it shall appear to the
Board of Indeterminate Sentence, from the reports of the prisoner’s work and
conduct which may be received in accordance with the rules and regulations
prescribed, and from the study and investigation made by the Board itself, that such
prisoner is fitted by his training for release, that there is a reasonable probability that
such prisoner will live and remain at liberty without violating the law, and that such
release will not be incompatible with the welfare of society, said Board of
Indeterminate Sentence may, in its discretion, and in accordance with the rules and
regulations adopted hereunder, authorize the release of such prisoner on parole,
upon such terms and conditions as are herein prescribed and as may be prescribed
by the Board. The said Board of Indeterminate Sentence shall also examine the
records and status of prisoners who shall have been convicted of any offense other
than those named in Section 2 hereof, and have been sentenced for more than one
year by final judgment prior to the date on which this Act shall take effect, and shall
make recommendation in all such cases to the Governor-General with regard to the
parole of such prisoners as they shall deem qualified for parole as herein provided,
after they shall have served a period of imprisonment not less than the minimum
period for which they might have been sentenced under this Act for the same
offense.  
Sec.  6. Every prisoner released from confinement on parole by virtue of this Act shall,
at such times and in such manner as may be required by the conditions of his parole,
as may be designated by the said Board for such purpose, report personally to such
government officials or other parole officers hereafter appointed by the Board of
Indeterminate Sentence for a period of surveillance equivalent to the remaining
portion of the maximum sentence imposed upon him or until final release and
discharge by the Board of Indeterminate Sentence as herein provided. The officials so
designated shall keep such records and make such reports and perform such other
duties hereunder as may be required by said Board. The limits of residence of such
paroled prisoner during his parole may be fixed and from time to time changed by
the said Board in its discretion. If during the period of surveillance such paroled
prisoner shall show himself to be a law-abiding citizen and shall not violate any of the
laws of the Philippine Islands, the Board of Indeterminate Sentence may issue a final
certificate of release in his favor, which shall entitle him to final release and
discharge.
Sec.  7. The Board shall file with the court which passed judgment on the case, and
with the Chief of Constabulary, a certified copy of each order of conditional or final
release and discharge issued in accordance with the provisions of the next preceding
two sections. 

Sec.  8. Whenever any prisoner released on parole by virtue of this Act shall, during
the period of surveillance, violate any of the conditions of his parole, the Board of
Indeterminate Sentence may issue an order for his re-arrest which may be served in
any part of the Philippine Islands by any police officer. In such case the prisoner so re-
arrested shall serve the remaining unexpired portion of the maximum sentence for
which he was originally committed to prison, unless the Board of Indeterminate
Sentence shall, in its discretion, grant a new parole to the said prisoner.  
Sec.  9. Nothing in this Act shall be construed to impair or interfere with the powers of
the Governor-General as set forth in Section 64(i) of the Revised Administrative Code
or the Act of Congress approved August 29, 1916 entitled “An Act to declare the
purpose of the people of the United States as to the future political status of the
people of the Philippine Islands, and to provide a more autonomous government for
those Islands.”  
Sec. 10. Whenever any prisoner shall be released on parole hereunder he shall be
entitled to receive the benefits provided in Section 1751 of the Revised Administrative
Code.
General rules for graduating by degrees

ARTICLE 61. Rules for Graduating Penalties. — For the purpose of graduating the penalties
which, according to the provisions of articles 50 to 57, inclusive, of this Code, are to be imposed
upon persons guilty as principals of any frustrated or attempted felony, or as accomplices or
accessories, the following rules shall be observed:

1. When the penalty prescribed for the felony is single and indivisible, the penalty next lower in
degree shall be that immediately following that indivisible penalty in the scale prescribed in article
70 of this Code.

2. When the penalty prescribed for the crime is composed of two indivisible penalties, or of one or
more divisible penalties to be imposed to their full extent, the penalty next lower in degree shall be
that immediately following the lesser of the penalties prescribed in the above mentioned scale.

3. When the penalty prescribed for the crime is composed of one or two indivisible penalties and
the maximum period of another divisible penalty, the penalty next lower in degree shall be
composed of the medium and minimum periods of the proper divisible penalty and the maximum
period of that immediately following in said scale.

4. When the penalty prescribed for the crime is composed of several periods, corresponding to
different divisible penalties, the penalty next lower in degree shall be composed of the period
immediately following the minimum prescribed and of the two next following, which shall be
taken from the penalty prescribed, if possible; otherwise, from the penalty immediately following
in the above mentioned scale.

5. When the law prescribes a penalty for a crime in some manner not specially provided for in the
four preceding rules, the courts, proceeding by analogy, shall impose corresponding penalties upon
those guilty as principals of the frustrated felony, or of attempt to commit the same, and upon
accomplices and accessories.

TABULATION OF THE PROVISIONS OF THE CHAPTER

Penalty Penalty to be Penalty to be Penalty to be Penalty to be

Prescribe for imposed upon imposed upon imposed upon imposed upon
the crime the principal in a the principal in the accessory in the accessory in
frustrated crime, an attempted a frustrated an attempted
 and accomplice crime, the crime, and the crime
in a accessory in the accomplices in
consummated consummated an attempted
crime crime and the crime
accomplices in a
frustrated crime.
First Case Death Reclusion Reclusion Prision Mayor Prision
Perpetua Temporal Correccional
Second Reclusion Reclusion Prision Mayor Prision Arresto Mayor
Case Perpetua to Temporal Correccional
Death
Third Case Reclusion Prision Mayor in Prision Arresto Fine
Temporal in its its maximum correccional in Mayor in it s and Arresto
maximum period its maximum maximum Mayor in its
period to death to reclusion period to prision period minimum and
temporal in its mayor in its to prision medium periods
medium period medium period correccional in
its medium
period
Fourth Prision Prision Arresto Fine
Case Mayor in its correccional in mayor in its and Arresto
maximum its maximum maximum Mayor in its
period period period minimum and
to reclusion to prision to prision medium
temporal in mayor in its correccionalin periods
its medium medium period. its medium
period. period.

ARTICLE 63. Rules for the Application of Indivisible Penalties. — In all cases in which the
law prescribes a single indivisible penalty, it shall be applied by the courts regardless of
any mitigating or aggravating circumstances that may have attended the commission of
the deed.

In all cases in which the law prescribes a penalty composed of two indivisible penalties,
the following rules shall be observed in the application thereof:

1. When in the commission of the deed there is present only one aggravating
circumstance, the greater penalty shall be applied.

2. When there are neither mitigating nor aggravating circumstances in the commission of
the deed, the lesser penalty shall be applied.

3. When the commission of the act is attended by some mitigating circumstance and
there is no aggravating circumstance, the lesser penalty shall be applied.
4. When both mitigating and aggravating circumstances attended the commission of the
act, the courts shall reasonably allow them to offset one another in consideration of their
number and importance, for the purpose of applying the penalty in accordance with the
preceding rules, according to the result of such compensation.

ARTICLE 71. Fine. — The fine shall be considered as the last of all the principal penalties
listed in the preceding article.

When a fine is so imposed, the duration of the subsidiary liability corresponding thereto,
by reason of the insolvency of the offender, shall not exceed that which is provided in rule
2 of article 39.

Graduating by degrees on account of the stages of execution and degree of participation

ARTICLE 46. Penalty to be Imposed Upon Principals in General. — The penalty prescribed
by law for the commission of a felony shall be imposed upon the principals in the
commission of such felony.

ARTICLE 50. Penalty to Be Imposed Upon Principals of a Frustrated Crime. — The penalty
next lower in degree than that prescribed by law for the consummated felony shall be
imposed upon the principal in a frustrated felony.

ARTICLE 51. Penalty to Be Imposed Upon Principals of Attempted Crimes. — The penalty
lower by two degrees than that prescribed by law for the consummated felony shall be
imposed upon the principals in an attempt to commit a felony.

ARTICLE 52. Penalty to Be Imposed Upon Accomplices in a Consummated Crime. — The

penalty next lower in degree than that prescribed by law for the consummated felony shall
be imposed upon the accomplices in the commission of a consummated felony.

ARTICLE 53. Penalty to Be Imposed Upon Accessories to the Commission of a

Consummated Felony. — The penalty lower by two degrees than that prescribed by law for
the consummated felony shall be imposed upon the accessories to the commission of a
consummated felony.

ARTICLE 54. Penalty to Be Imposed Upon Accomplices in a Frustrated Crime. — The

penalty next lower in degree than that prescribed by law for the frustrated felony shall be
imposed upon the accomplices in the commission of a frustrated felony.

ARTICLE 55. Penalty to Be Imposed Upon Accessories of a Frustrated Crime. — The

penalty lower by two degrees than that prescribed by law for the frustrated felony shall be
imposed upon the accessories to the commission of a frustrated felony.
ARTICLE 56. Penalty to Be Imposed Upon Accomplices in an Attempted Crime. — The
penalty next lower in degree than that prescribed by law for an attempt to commit a felony
shall be imposed upon the accomplices in an attempt to commit the felony.

ARTICLE 57. Penalty to Be Imposed Upon Accessories of an Attempted Crime. — The

penalty lower by two degrees than that prescribed by law for the attempt shall be imposed
upon the accessories to the attempt to commit a felony.

ARTICLE 58. Additional Penalty to Be Imposed Upon Certain Accessories. — Those

accessories falling within the terms of paragraph 3 of article 19 of this Code who should
act with abuse of their public functions, shall suffer the additional penalty or absolute
perpetual disqualification if the principal offender shall be guilty of a grave felony, and that
of absolute temporary disqualification if he shall be guilty of a less grave felony.

ARTICLE 60. Exceptions to the Rules Established in Articles 50 to 57. — The provisions
contained in articles 50 to 57, inclusive, of this Code shall not be applicable to cases in
which the law expressly prescribes the penalty provided for a frustrated or attempted
felony, or to be imposed upon accomplices or accessories.

Fixing the maximum of the indeterminate sentence

ARTICLE 62. Effects of the Attendance of Mitigating or Aggravating Circumstances and of

Habitual Delinquency. — Mitigating or aggravating circumstances and habitual
delinquency shall be taken into account for the purpose of diminishing or increasing the
penalty in conformity with the following rules:

1. Aggravating circumstances which in themselves constitute a crime specially

punishable by law or which are included by the law in defining a crime and prescribing the
penalty therefor shall not be taken into account for the purpose of increasing the penalty.

2. The same rule shall apply with respect to any aggravating circumstances inherent in the
crime to such a degree that it must of necessity accompany the commission thereof.

3. Aggravating or mitigating circumstances which arise from the moral attributes of the
offender, or from his private relations with the offended party, or from any other personal
cause, shall only serve to aggravate or mitigate the liability of the principals, accomplices
and accessories as to whom such circumstances are attendant.

4. The circumstances which consist in the material execution of the act, or in the means
employed to accomplish it, shall serve to aggravate or mitigate the liability of those
persons only who had knowledge of them at the time of the execution of the act or their
cooperation therein.
5. Habitual delinquency shall have the following effects:

(a) Upon a third conviction the culprit shall be sentenced to the penalty provided by law for
the last crime of which he be found guilty and to the additional penalty of prisión
correccional in its medium and maximum periods;

(b) Upon a fourth conviction the culprit shall be sentenced to the penalty provided for the
last crime of which he be found guilty and to the additional penalty of prisión mayor in its
minimum and medium periods; and

(c) Upon a fifth or additional conviction, the culprit shall be sentenced to the penalty
provided for the last crime of which he be found guilty and to the additional penalty of
prisión mayor in its maximum period to reclusión temporal in its minimum period.

Notwithstanding the provisions of this article, the total of the two penalties to be imposed
upon the offender, in conformity herewith, shall in no case exceed 30 years.

For the purpose of this article, a person shall be deemed to be habitual delinquent, if
within a period of ten years from the date of his release or last conviction of the crimes
robo, hurto, estafa, or falsificacion, he is found guilty of any of said crimes a third time or
oftener.

Computing periods with regard to modifying circumstances

ARTICLE 64. Rules for the Application of Penalties Which Contain Three Periods. — In
cases in which the penalties prescribed by law contain three periods, whether it be a
single divisible penalty or composed of three different penalties, each one of which forms
a period in accordance with the provisions of articles 76 and 77, the courts shall observe
for the application of the penalty the following rules, according to whether there are or are
not mitigating or aggravating circumstances:

1. When there are neither aggravating nor mitigating circumstances, they shall impose the
penalty prescribed by law in its medium period.

2. When only a mitigating circumstance is present in the commission of the act, they shall
impose the penalty in its minimum period.

3. When only an aggravating circumstance is present in the commission of the act, they
shall impose the penalty in its maximum period.
4. When both mitigating and aggravating circumstances are present, the court shall
reasonably offset those of one class against the other according to their relative weight.

5. When there are two or more mitigating circumstances and no aggravating

circumstances are present, the court shall impose the penalty next lower to that
prescribed by law, in the period that it may deem applicable, according to the number and
nature of such circumstances.

6. Whatever may be the number and nature of the aggravating circumstances, the courts
shall not impose a greater penalty than that prescribed by law, in its maximum period.

7. Within the limits of each period, the courts shall determine the extent of the penalty
according to the number and nature of the aggravating and mitigating circumstances and
the greater or lesser extent of the evil produced by the crime.

ARTICLE 65. Rule in Cases in Which the Penalty is Not Composed of Three Periods. — In
cases in which the penalty prescribed by law is not composed of three periods, the courts
shall apply the rules contained in the foregoing articles, dividing into three equal portions
the time included in the penalty prescribed, and forming one period of each of the three
portions.

ARTICLE 76. Legal Period of Duration of Divisible Penalties. — The legal period of duration
of divisible penalties shall be considered as divided into three parts, forming three periods,
the minimum, the medium, and the maximum in the manner shown in the following table:

TABLE SHOWING THE DURATION OF DIVISIBLE PENALTIES AND THE TIME INCLUDED IN
EACH OF THEIR PERIODS

Penalties Time included Time included Time included Time included

in the penalty in in its minimum in its medium in its maximum
its entirety period period
Reclusion temporal From 12 years From 12 years From 14 From 17
and 1 day to and 1 day to years, 8 years, 4
20 years. 14 years and 8 months and 1 months and 1
months. day to 17 day to 20
 years and 4 years.
months.
Prision mayor, absolute From 6 years From 6 years From 8 years From 10 years
disqualification and and 1 day to and 1 day to 8 and 1 day to and 1 day to
special temporary 12 years. years. 10 years. 12 years.
disqualification
Prision From 6 From 6 From 2 years, From 4 years,
correccional, suspensio months and 1 months and 1 4 months and 2 months and
n anddestierro day to 6 years. day to 2 years 1 day to 4 1 day to 6
and 4 months. years and 2 years.
months.
Arresto mayor From 1 month From 1 to 2 From 2 From 4
and 1 day to months. months and 1 months and 1
months. day to 4 day to 6
months. months.
Arresto menor From 1 to 30 From 1 to 10 From 11 to 20 From 21 to 30
days. days. days. days.

ARTICLE 77. When the Penalty is a Complex One Composed of Three Distinct Penalties. —
In cases in which the law prescribes a penalty composed of three distinct penalties, each
one shall form a period; the lightest of them shall be the minimum, the next the medium,
and the most severe the maximum period.

Whenever the penalty prescribed does not have one of the forms specially provided for in
this book, the periods shall be distributed, applying by analogy the prescribed rules.

Presidential Decree No. 968, as amended by R.A. No. 10707

Manila

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.