1

INTRODUCTION

According to Dr. Hans Gross, an Australian known as the Father of

Criminalistics, the basis and goal of all criminal investigations is to search for the
truth as he asserted that a large part of a criminal’s work is nothing more than a
battle against lies. Throughout the centuries, the search for the truth and detecting
deception evolved and incorporated with scientific methods, especially in criminal
investigation and other police works. Criminal investigation is an art and science in
finding the facts of the case through the application of multi-disciplined field of
studies. Its objectives are to identify, locate, and provide evidence of the suspect’s
guilt. To attain these objectives, criminal investigation applied tools such as
information, interview and interrogation, and instrumentation.
Information is the knowledge or data acquired from the persons, public and
private records, modus operandi files and documents, and other open sources like
in the social media. In legal aspect, information is defined as an accusation in
writing charging a person with an offense, subscribed by the prosecutor, and filed
with the court. However, it is not the focused of this subject matter since legal
definition and technical definition of information in relation to criminal investigation
were different thing. Another tool of criminal investigation is the interview and
interrogation. These involves questioning of the identified persons involved or linked
in the crime to obtain confession, admission, and further information pertinent to it.
These will be discussed on the succeeding topics. At last, the instrumentation which
is also known as “Criminalistics.” It is the application of instruments and methods of
physical and forensic sciences to criminal investigation. It covers the following field
of forensic sciences:
1. Forensic Photography
2. Personal Identification
3. Forensic Chemistry and Toxicology
4. Questioned Document Examination
5. Lie detection
6. Legal Medicine
7. Forensic Ballistics
8. Forensic Odontology
9. Forensic Psychology
10. Forensic Computer Technology
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CHAPTER ONE

REVIEW ON ARREST, SEARCH, RAID, CUSTODIAL INVESTIGATION, AND

OTHER RELEVANT TOPICS IN FUNDAMENTALS OF CRIMINAL
INVESTIGATION
Learning Objectives
At the end of this course, the practitioners and students will be able to:
1. Define Arrest;
2. Acquaint on the different legal aspects of Arrest including arrest with warrant and
warrantless arrest; and
3. Apply the requisites and other legal procedures in Issuance of Search Warrant
and valid search.

Definition of Arrest
Arrest is the taking of a person into custody that he may be bound to answer for the
commission of an offense.
The person making the arrest has the duty to deliver that person to the nearest
police station or municipal jail WITHOUT UNNECESSARY DELAY.
A search warrant’s lifetime is ten days from the date of its issue.
A warrant of arrest has no definite lifetime. It shall remain in effect until it is executed
or revoked by the court. In case of loss, the officer in charge may get a new warrant called
alias warrant of arrest. (Rule 113, The Revised Rules Of Criminal Procedure)
Only a judge may issue a warrant of arrest.
Within five days of the filing of the information, the judge shall personally evaluate
the resolution of the prosecutor. If there is no probable cause, the judge may dismiss the
case. If he finds probable cause, he shall issue a warrant of arrest. If the judge doubts the
existence of probable cause, the judge may order the prosecution to submit additional
evidence within five days from notice.

When an MTC Judge issues a Warrant of Arrest

If the offense has a penalty of at least 4 years, 2 months and 1 day of imprisonment
but not exceeding 6 years, the MTC judge will issue a warrant of arrest within five days from
filing of the information, the judge shall personally evaluate the resolution of the prosecutor.
If there is no probable cause, the judge may dismiss the case. If he finds probable cause,
he shall issue a warrant of arrest. If the judge doubts the existence of probable cause, the
judge may order the prosecution to submit additional evidence within five days from notice.
If the penalty is lower than 4 years, 2 months, and 1 day of imprisonment and
information is filed, the same process is done as that depicted in the preceding paragraph.
If a complaint is filed, the MTC judge shall personally examine the complainant and his two
witnesses under oath.

When an MTC Judge may issue Summons

1) Offense does not need preliminary investigation
2) Probable cause exists
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3) No necessity to place accused in immediate custody

ARRESTS WITH WARRANT

When making arrests with a warrant, always follow these guidelines: 
a. Always identify yourself as a police officer. Provide your name, position/designation, and
place of assignment or unit to the person to be arrested, his family or relatives, or other
persons present during the time of arrest.
b. Present the warrant of arrest to the subject person before or after the arrest is made.
c. If requested, allow the arrested person to be accompanied by a family member, relative,
or friend from the place of arrest to the police station or headquarters where the said
arrested person would be processed and detained. 
d. As much as possible, members of the arresting team should be in complete uniform.
During covert operations, the arresting team must properly identify themselves during the
conduct of arrest; and it is recommended that a marked PNP vehicle be used to transport
the arrested person(s) from the place of arrest to the police station/headquarters.  
e. The Arresting Officer must immediately inform the Arrested Person about his/her rights
under the law by quoting the updated Miranda Warning and by using a language or dialect
that is known or understood by the arrested person.
f. The arresting officer must show the valid Warrant of Arrest to the arrested Person(s) as
soon as possible.
g. The arresting officer must ensure that the arrested person acknowledges that he/she
understands the Miranda Warning.
h. All police personnel are required to memorize and/or carry at all times a copy of the
official PNP Miranda Warning Pocket Card.
i. It is important to note that under Republic Act 9745 (Anti-Torture Law), all persons
arrested, detained, or under custodial investigation have the Right to Demand Physical,
Medical, and Psychological Examination by a competent and independent doctor of his/her
own choice. The person arrested, detained, or under custodial investigation must be
informed of these rights BEFORE AND AFTER interrogation or custodial investigation.

ARRESTS WITHOUT WARRANT

An arrest without warrant is authorized and legal:
a. When a person has committed, is actually committing, or attempting to commit an
offense or crime in the presence of a police officer.
b. When an offense or crime has just been committed and the police officer has personal
knowledge of facts indicating that the person to be arrested had committed the said offense
or crime.
c. When the person to be arrested is an escaped detainee or prisoner. 
d. When the person arrested without a warrant is immediately brought to the nearest police
station or jail, and subjected to inquest proceedings at the soonest possible time in keeping
with the provisions of Section 7, Rule 112 of the Rules of Criminal Procedure.  
An arrest without warrant is considered unauthorized and illegal if the warrantless arrest is
made:
a. Due to mere suspicion or belief; and
b. Unsupported by facts, credible information, or circumstances necessary to establish
probable cause.
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When conducting a warrantless arrest, the arresting officer must also ensure that the
arrested person is properly informed of his/her rights under the law.

CUSTODIAL INVESTIGATION
During custodial investigation, police officers must abide by the provisions of
Republic Act 7438, or the law that prescribed the Rights of Persons Arrested, Detained, or
Under Custodial Investigation; and Republic Act 9745, or the Anti-Torture Law. 
It is important to remember and apply the following guidelines on custodial
investigation:  
a. Police officers must observe the principle of due investigative process and
presume the person being investigated as innocent until proven guilty by the court. 
b. Investigations must be sensitive and adaptable to special needs or requirements
of women, children, minors, the elderly, members of indigenous groups, and persons with
disabilities.
c. Put up PNP Posters on the Rights of Persons Arrested, Detained, or Under
Investigation (based on R.A. 7438) in a prominent or highly visible area inside the
investigation room. As a best practice, advise the person/s under investigation to read the
poster before the conduct of questioning or custodial investigation.  
d. All PNP personnel must inform all persons arrested, detained, or under
investigation about their rights under the law most especially their Right to Counsel and
Right to Physical, Medical, and Psychological Examination before and after custodial
investigation/interrogation.

SEARCH AND SEIZURE

Requisites for the Issuance of Search Warrant
A search warrant shall be issued only upon probable cause in connection with one
specific offense to be determined personally by the judge after examination under oath or
affirmation of the complainant and the witnesses presented. The search warrant shall
particularly describe the place to be searched and the things to be seized which may be
anywhere in the Philippines.
a. The following properties may be the objects of a search warrant:
(1) Properties that are the subject of the offense;
(2) Stolen, embezzled proceeds, or fruits of the offense; and
(3) Objects including weapons, equipment, and other items used or intended to be used as
the means of committing an offense.
b. Objects that are illegal per se, even if not particularly described in the search warrant,
may be seized under the plain view doctrine.
Validity of Search Warrant
 
a. The warrant shall be valid for ten (10) days from the date of issuance and may be served
at any day within the said period. Thereafter, it shall be void.
b. If, in the implementation of the search warrant, its object or purpose cannot be
accomplished in one day, the search can be continued the following day, or days, until
completed, provided it is still within the ten (10)- day validity period of the search warrant.
 
 5

c. If the object or purpose of the search warrant cannot be accomplished within the ten (10)-
day validity period, the responsible police officer conducting the search must file, before the
issuing court, an application for the extension of the validity period of said search warrant.

Time of Search
 
The warrant should be served during daytime, unless there is a provision in the warrant
allowing service at any time of the day or night.

Authority of Police Officers when Conducting Search

 
In the conduct of search, if after giving notice of his purpose and authority, the police
officer is refused admittance to the place of search, he may break open any outer or inner
door or window or any part of a house or anything therein to implement the warrant or
liberate himself or any person lawfully aiding him when unlawfully detained therein.

Prohibited Acts in the Conduct of Search by Virtue of a Search Warrant

 
a. Houses, rooms, or other premises shall not be searched except in the presence of the
lawful occupant thereof or any member of his family or, in the absence of the latter, in the
presence of two (2) witnesses of sufficient age and discretion residing in the same locality.
 
b. Lawful personal properties, papers, and other valuables not specifically indicated or
particularly described in the search warrant shall not be taken.

VALID SEARCH AND SEIZURES WITHOUT SEARCH WARRANT

 
a. Search made incidental to a valid arrest
 
A person lawfully arrested may be searched for dangerous weapons or anything which may
be used or which may constitute proof of the commission of an offense, without a search
warrant. The warrantless search and seizure as an incident to a lawful arrest may extend
beyond the person of the arrested to include the premises or surroundings under his
immediate control.
 
b. Search for moving vehicles
 
If the police officers who will conduct the search have reasonable or probable cause to
believe, before the search, that either the motorist is a law offender or they will find the
instrumentality or evidence pertaining to a crime in the vehicle to be searched, the vehicle
may be stopped and subjected to an extensive search.

c. Seizure of evidence in plain view

Any object in plain view is subject to seizure and may be introduced as evidence.
 
Requirements under the Plain View Doctrine are:
(1) The police officer must have prior justification for an intrusion or, otherwise, must be in a
position from which he can view a particular area;
(2) The discovery of the evidence in plain view is unintentional; or
(3) It is immediately apparent to the police officer that the item he observes may be
evidence of a crime, contraband, or a valid subject of seizure.
 
d. When there is waiver of the right or there is consented search
 6

To constitute a waiver of this constitutional right, it must appear, first, that the right exists;
second, that the person involved had knowledge, either actual or constructive, of the
existence of such right; that said person had an actual intention to relinquish the right.
e. Searches Under Stop and Frisk Rule

The police officer has the right to stop a citizen on the street, interrogate him, and pat him
for weapons whenever he observes unusual conduct which convinces him that criminal
activity exists.

f. Emergency and Exigent Circumstances

A search warrant could be validly dispensed with in cases of exigent and emergency
situations, and the police officers have reasonable grounds to believe that a crime is being
committed, and they have no opportunity to apply for a search warrant from the courts
because the latter was closed.

g. Tipped Information

If the police officers have reasonable grounds to believe that the subjects are engaged in
illegal activities, the tipped information is sufficient to provide probable cause to effect a
warrant less search and seizure.

SPECIAL CRIME INVESTIGATION

Special Crime Investigation deals with the study of major crimes based on the
application of special investigative techniques.
The study concentrates more on physical evidence, its collection, handling,
identification, and preservation in coordination with the crime laboratory. Special Crime
Investigation involves a close relationship between the prober in the field and the crime
laboratory technician. They work together as a team, reacting to and extending one
another’s theories and findings both working patiently and thoroughly to solve a crime from
their investigative discoveries.
The present criminal justice system in our country, the court relies more on physical
evidence rather than extra-judicial confession.
Special Crime Investigation is a special study of modern techniques in the investigation of
serious and specific crimes. The emphasis is on physical evidence rather than an extra
judicial confession Special crime investigation focuses on specific crimes which by their
nature are difficult and complex to investigate.

The following are some example of cases subject to special crime investigation.

Murder
Parricide
Infanticide
Homicide
Abortion
Rape
Serious Physical Injuries
Robbery
Theft
Estafa
Carnapping/Motornapping
Arson
Kidnapping
Gambling
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Drug Cases
Bombing
Illegal Possession of Firearms and Ammunitions
and Criminal Negligence - recklessly acting without reasonable caution and putting another
person at risk of injury or death or offense that arises primarily in situations involving the
death of an innocent party as a result of the operation of a motor vehicle by a person who is
under the influence of drugs and alcohol.

HOMICIDE INVESTIGATION

Homicide Investigation is the official inquiry made by the police on the facts and
circumstances surrounding the death of a person which is expected to be unlawful.

Primary Job of the Investigator

1. To discover whether an offense has been committed under the law.
2. To discover how it was committed
3. Who committed it and by whom it was committed
4. When it was committed
5. And under certain circumstances why it was committed

Responsibilities of a Homicide Investigator

1. When called upon to investigate violent death, he stands on the dead man’s
shoes to produce his instincts against those suspects.
2. The enthusiasm and intelligence the investigator brings in the case marks the
difference between a murderer being convicted and set free.
3. If he interprets a criminal death accidental or natural, a guilty person is set free.
4. Remember that the police is the first line of defense in the effective application
of criminal justice.
Mistakes in the Homicide Investigation
1. The mistakes of the homicide investigator cannot be corrected.
2. The homicide investigator should not cross the three bridges which he burns
behind him. It is important that competent personnel adequately handle the
case.

Three Bridges:
a. The dead person has been moved
b. The cadaver is embalmed
c. The body is burned or cremated

Basic Guide for the Investigator to look upon is to establish the following:
1. Corpus delicti or facts that crime was committed
2. Method of operation of the suspect
3. Identity of the guilty party

REVIEW QUESTIONS: UNIT ONE

Name:
Section: Date:
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Rating: Professor

1. What is an warrant of arrest?

________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
___________________________.
2. Can a person be arrested without a warrant of arrest? Explain with legal basis.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
____________________________.
3. What is a search warrant?
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
____________________________.
4. What constitutes a valid search warrant?
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
_______________________.
5. Can police conduct a search without a search warrant? Explain with legal basis.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
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________________________________________________________________________
________________.
6. Explain the importance of Homicide Investigation.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
__________________________.

CHAPTER TWO
 10

EXTRA-JUDICIAL CONFESSION VERSUS EXTRA-JUDICIAL ADMISSION AND

THE LEGAL REQUIREMENTS

Learning Objectives
At the end of this course, the practitioners and students will be able to:
1. Define Confession and Admission;
2. Differentiate between Extra Judicial Confession and Extra Judicial Admission;
3. Familiarize the concepts of Interview and Interrogation;
4. Apply and demonstrate the techniques in conducting Interview and Interrogation;
and
5. Enlighten on the different kinds of Lie and Deception.

OVERVIEW ON CONFESSION

Definition

Confession is an express acknowledgement by the accused in a criminal

prosecution of the truth of his guilt as to the offense charge. It is voluntary statement
made by a person and given to proper authorities wherein he acknowledges himself
to be guilty of an offense and discloses circumstances of his felonious act of the
share and participation which he had in it.

Types of Confession
1. Extra-judicial confession. These are confessions made by the accused
elsewhere than before in the court of law. It is admissible as evidence in
court when it is (1) done voluntarily, (2) made with assistance of competent
and independent counsel, (3) in writing, and (4) in expressed by the accused.
However, extra-judicial confession is not sufficient ground for conviction
unless it is corroborated by physical evidences of crime.
2. Judicial Confession. It is a confession made before the court of law in the
due course of legal proceedings. Section 29, Rule 130 of the Rules of Court
provides confession as the declaration of an accused expressly
acknowledging his guilt of the offense charged, may be given in evidence
against him.
Rules in Judicial Confession
a. Confession need not to be in writing
b. Confession may be written in a language which the accused does not
speak
c. Confession must be freely and voluntary made
OVERVIEW ON ADMISSION
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Definition

Admission is a self-incriminating statement or declaration of facts not

directly constituting an acknowledgement of guilt, but falling short of a full
confession. It refers to any statement of fact made by a party which is against his
interest to the conclusion for which he contents or inconsistent with the facts alleged
by him.

Types of Admission

1. Extra-judicial Admission are those made from court and requires proof in
the same manner as any other documents requires proof.
Examples of counsel’s entering stipulation of facts (this is done usually
during Preconference and Pre-trial conference stage):
a. A lawyer has the general or implied authority to agree or stipulate upon
the facts involved in a litigation even without the prior knowledge or
consent of his client (Rodriguez v. Santos 55 Phil 721, Rule 30:20 RC)
b. Like admission made by the client in the pleading or during the
proceeding, is binding upon the client (Victoria v Victoria 93 Phil 15)
2. Judicial Admission is an admission, verbal or written, made by a party
during the proceedings in the same case, which dispenses with the need for
proof with respect to the matter or fact admitted (Manuel Ybiernas et. al. vs.
Ester Tanco-Gabaldon, G.R. No. 178925, June 1, 2011). They include
admissions in the pleadings, or during a trial or other proceedings. Judicial
admission takes the form of evidence considering that it requires no proof
and a party is relieved of the duty to prove facts admitted by the other party.
Admission is conclusive against the party making them nor can they, as a
rule, be contradicted.
Requisites for Judicial Admission:
a. It may be written (those made in the pleadings) or verbal (those made
during trial);
b. It is made by a party during the proceedings which may be in the form of
pleadings (complaint, answer, reply, counter affidavit) motions, modes of
discovery with respect for admissions, stipulation of facts, statement
made during trial;
c. It is made in the same case and not in any other case.
Effects of Judicial Admission:
1. As general rule, judicial admission may not be contradicted by the party
making it. Therefore, a party making an admission cannot, during the trial,
deny what has been earlier admitted nor present evidence which will run
 12

counter against the admission. Except, when he (1) can show that the
admission was made through palpable mistake or that (2) no such
admission was made.
2. An admission in a pleading on which a party goes to trial is conclusive
against him unless the court allows the pleader to withdraw, explain, or
modify it if it appears to have been made by improvidence or mistake or
that no such admission was made.
Judicial Admissions vs Extrajudicial Admissions
Judicial admissions are conclusive upon the party making them, while
extrajudicial admissions or other admissions are, as a rule, and where the elements
of estoppel are not present, disputable.

THE CONCEPTS OF INTERVIEW

Definition

Interview is a friendly and simple questioning to a person who can divulge

information voluntarily and believed to possess knowledge that is in official interest
to the investigator. It is also the process of eliciting information from the witness and
confidential informants. It is important in criminal investigation since it is the only
sources of information of the case in which most part of investigation revolves. The
person being interviewed may provide information based on the personal account
on the incident being investigated or offers information concerning a person being
investigated.

The Golden Rule of Interview

Never conduct or let anyone conduct an interview if the interviewer has not
gone to the crime scene. The questioning should agree with the facts and
conditions at the crime scene. The questioning will lead wayward for the interviewer
who had not seen personally the crime scene and he will not be able to distinguish
half-truths, exaggerations, or falsehood from the answers of the person being
interviewed.

Types of Interviews

1. Informal Interview. This type interview is conducted by the investigator or

any police officers at the crime scene from the possible witnesses to get
information related to the commission of the crime especially the description
 13

of the offender of the crime. This type of interview may be done in question
and answer whereby the person being interviewed is required to answer.
2. Formal Interview. This type of interview is conducted by the investigator
assigned to the case to the identified witnesses of the crime in a detailed and
comprehensive manner. Formal interview has also types namely: normal,
group, or follow-up interview. Normal or cognitive interview is conducted to a
willing or cooperative witness to narrate their accounts without interruption.
Group or pretext interview is conducted for a hostile witness or witness who
refuse to cooperate in the investigation. At last, follow-up interview is
conducted for an additional interview to clarify vital points if necessary.
Stages of Handling the Interview

1. Preparation. The investigator must review the facts of the case and prepare
the questioning.
2. Approach. The investigator must carefully select his kind approach to the
witness or complainant for an interview.
3. Warming up. In this stage, the investigator will clear the atmosphere,
promote a conducive ground for cordially, respect and trust for each other.
4. Cognitive Interview. This is where the investigator let the witness or
complainant to narrate their accounts without interruption on their knowledge
about the commission of crime.

Interview Format (IRONIC)

1. Identity. The investigator must identify himself to the witness before to

commence an interview. This would include the name, rank or position, and
the agency the investigator belonged so that the witness may use it as
reference of contact in the future. In this stage, the investigator must
establish an authority to conduct an interview with witness to gain
cooperation. This helps the witness become more cooperative since most of
the person responded positively to the figures of authority.
2. Rapport. A good interpersonal relationship with the witness maximizes the
ability to extract information. Thus, the investigator must establish a good
rapport with the witness by presenting a good appearance, cordial attitude,
and allaying with their fears. Failure to observed this stage may result to
reluctance of providing information or may even result to hostility on the part
of the witness.
3. Opening Statement. The investigator must inform why the witness is being
interviewed. However, at some of the interview when the reason of inquiry is
 14

obvious, the investigator may encourage the witness to provide information

based on facts, in a fair and just manner.
4. Narration. The investigator should allow to narrate whatever information that
the witness possessed. Injecting questions or comments should be refrain by
the investigator unless the witness is done narrating or to keep the witness
on tract and eliminate non-pertinent information.
5. Inquiry. After the interviewee narrated the information, the investigator may
then ask specific questions to ensure that all pertinent information has been
extracted. Its purpose is to fill in omitted acts or information, clarify
ambiguous statements, verify names, dates, address, and other details
related to the case. The investigator also must ensure that all information
being provided covers the “five (5) Ws and one (1) H.” At last, the
investigator must avoid on asking leading and misleading or suggestive
questions. Questions that are answerable by “yes or no” must be elaborated
by the witness.
6. Conclusion. At this stage, the investigator will summarize the witness’
statement. This is to ensure the correctness of the information provided and
be given an opportunity to conform the information given, clarify or correct
the erroneous information, and may add other facts in which the witness may
recall. Finally, the witness should be thanked for the cooperation before the
interview will be concluded.

Rules to be Observed in Asking Questions

1. One Question at a Time. The investigator must provide one question at a

time to avoid confusion on the part of the witness.
2. Avoiding Implied Answer. The investigator must avoid on suggesting an
answer to the witness since it will defeat the purpose of investigation.
3. Simplicity of the Questions. The investigator must avoid asking complicated,
legalistic, and long questions because it may cause confusion and
embarrassment to the witness. In addition, the witness may refuse on
answering the question as the case maybe.
4. Saving Faces. The investigator should always be considerate on the witness
especially on their stupidity, poor judgement, and other deficiencies. The
interview or interrogation must cooperate with the witness to save “his/her
face.”
5. Yes and No Questions. The investigator must not insist on “yes” or “no”
answers because it may prevent the continuous flow of information and
resulted to inaccurate answers of the witness.
 15

6. Positive Attitude. The investigator must be approachable. They must employ

positive way of questioning to gain cooperation, trust, and respect from the
witness.
Setting of Interview

1. Place of the interview. Proper selection of place for the interview provides
psychological advantage to the investigator. However, it may be modified to
suit the nature of the case. Time and place must consider if the witness or
complainant is a busy person.
2. Background Interview. It is the simplest type of interview which concerns
itself with the gathering of information regarding the background of a person.
Time and place have no mush consideration since the interview may be done
during business hours or by arrangement of a suitable time with the witness.
3. Routine Criminal Cases. Interview should be carefully planned. Busy person
can be interviewed at night, privacy is important.
4. Important Criminal Cases. Interview should be conducted in places other
than the subjects home or office to prevent the feeling of confident.
Investigator should get the witness respect.
5. Appropriate Time. The general rule of an interview is as soon as possible
while the facts are fresh in the memory of the witness.
Requisites of an Interview

1. Establish Rapport. Establishing a good relationship between the investigator

and the witness is crucial and essential during an interview. It helps the
witness to build confidence with the investigator and provide the desired
information. Rapport also will let the witness unloose a flood of useful
information during narration.
2. Forcefulness of Personality. The investigator must possess this type of
character to induce trust and confidence to the witness. The investigator
must also show sympathy and understanding to the witness without any air
of superiority.
3. Breadth of Interest. Meeting of minds between the investigator and the
witness is necessary. The investigator must have a broad practical
knowledge and knows the background of the witness well.

Qualities of an Interviewer

1. Rapport. Establishing good relationship with the complainant or witness to

gain their respect and cooperation.
 16

2. Forceful personality. Showing authority to conduct an interview and gain the

trust from the witnesses.
3. Knowledge on human behavior. It helps the investigator to understand the
subject’s behavior and deal with them appropriately to achieve to goal of the
interview.
4. Conversational tone of voice. The investigator must be approachable and
friendly in communicating with the witness.
5. Acting qualities. The investigator must be capable of shifting behavior and
personality that best suited to the situation.
6. Humility. It is a positive character that may help the investigator to obtain
empathy and full cooperation with witnesses.
Types of Witness According to their Attitude

Considering the type of witness according to their attitudes before going into
the interview can maximize the result of the investigation. It will also help the
investigator in creating a strategy during the interview. These are the following:
1. Know-nothing Type. These are the reluctant types of witness who are
common among the uneducated and low intelligence. Interrogation or by
going down with their level can be applied to this type of witness.
2. Disinterested Type. These are uncooperative and indifferent subject that
need to be arouse their interest or be flattered so that they will talk.
3. The Drunken Type. These are the types of witness that are under the
influence of alcohol. The tyle of questioning to them should be adapted to the
psychology of the subject. When the drunken subject has sobered, another
interview will be conducted, confronting him about his disclosures while in a
state of drunkenness. The written statement must be taken during his
sobriety.
4. Suspicious Type. These type of witness are suspicious about the motive and
actions of the investigator. The barrier of the suspicious must be removed by
sincere explanation or psychological pressure.
5. Talkative Type. These are witness who are prone to exaggerate, adding
irrelevant or new matters to their narrations. The skillful investigator could
prune the unnecessary matters from relevant once.
6. Honest Witness. These are the truthful and cooperative witness where the
investigator could rely upon with little and no problem in handling them.
7. Deceitful Witness. These are the liar type of witnesses. Let them lie and
order them repeat several times their narrations. They be enmeshed in
contradictions. If possible, the lies must be taped recorded for the
 17

confrontation about their contradictions. Pressure them to possible perjury or

obstruction of justice and they will tell the truth.
8. Timid Witness. They are shy witness. The approach must be friendly and
reassuring confidentiality of their information. They should be hidden from the
devouring press by interviews or photo sessions.
9. Boasting Witness. These are egoistic or egocentric witness. They will be a
good witness because of their ability of expressing their accounts of the
commission of crime. The investigator must be patient in dealing with them in
order not to brush their ego and self-pride. They are susceptible to add color
or importance in their role as witnesses, probably underrating the accounts of
others.
10. Refusal To Talk Witness. These are the most difficult subjects to deal with.
Find out the reasons of their silence by exploring deeper into the kind of their
personality. The cause maybe trauma, shock, fear, hatred, and others.
Remove these fears of silence and they will start talking.
THE CONCEPTS OF INTERROGATION

Definition

Interrogation is a skillful and vigorous questioning to a person suspected of

having a committed an offense or of a person who is reluctant to make a full
disclosure of information in his possession which is pertinent to the investigation. It
is usually applied when the suspect is under police custody and called as custodial
interrogation.

Golden Rule of Interrogation

Make him admit something, no matter how small or trivial. Usually the first
admission will lead to another. In securing the first admission is the biggest
stumbling block in dealing with tough suspects.

Purposes of Interrogation

1. To obtain confession of the crime

2. To induce the suspect or hostile witness to make an admission
3. To learn the facts and circumstances surrounding the crime
4. To learn the identity of the accomplices
5. To develop information which will lead to the recovery of the fruits of crime
6. To discover the details of the other crimes participated in by the suspect
 18

Forms of Interrogation

1. Direct Interrogation. This type of interrogation is conducted where the subject

is aware but he may not learn the true objectives of the interrogation.
2. Indirect Interrogation. This type of interrogation is conducted where the
subject is aware that he is being interrogated.

Types of Interrogation

1. Screening. This is usually applied immediately after capture to obtain

background information about the subject.
2. Formal Interrogation. This is the detailed and systematic attempt to exploit to
an appropriate depth those areas of the subject’s knowledge.
3. Debriefing. It is generally used when the area of knowledge ability of the
interrogation is known.
4. Interview. It is like debriefing although it is less formal.
5. Interrogation of Lay Personnel. A special type of interrogation in which the
techniques are like interrogation but special effort must be made.
6. Tactical Interrogation. The level of interrogation where the source has
specific and detailed information that requires a trained expert in the subject
matter to be explored.
Phases of Interrogation

1. Planning of Interrogation. Before the interrogation, the investigator must an

interrogation plan with detailed knowledge of the case and the personal
background of the person being interrogated.
2. Approach or Meeting with the Suspect. It is the extremely critical stage since
the outcome of investigation may depend on the first impression created by
the investigator.
3. Questioning. It is considered as the heart of interrogation where successive
questions were given to the suspect.
4. Termination. The termination of the interrogation depends on the various
factors like the physical condition of the subject and the sufficiency of the
information being provided.
5. Recording. The recording of the interrogation must be done in cryptic as
possible.
 19

6. Reporting. It may be done orally or in written form. Tactical Interrogation

Report is the end-product of an interrogation.
Fundamentals of Interrogation

In criminal investigation, cases were fundamentally classified and its distinction

were important in the conduct of both interrogation and interview.
1. Hot Case. This type of case is where the violation of law or regulation has
just been unearthed or discovered and the suspects and the witnesses to the
case area still emotionally affected, upset, or involved. In this case, the
investigator should lose no time in taking the statement of the persons
involved.
2. Cold Case. This type of case is a dormant where the witnesses and the
suspects have had the luxury of ample time to mull over the ramification of
the case and to put up their respective alibi or defenses or other forms of
subjective impression of the case.
Qualifications of an Interrogator

1. General Knowledge. General knowledge can be acquired by developing

intellectual curiosity and a keen sense of observation. An investigator must
cultivate genuine interest in people and their problem.
2. Alertness. The investigator must be constantly alert to analyze the subject
accurately and adopt the technique proper for the occasion such as in
contradictory information, gaps in the suspect’s story, and unexplored leads.
3. Perseverance. The investigator must be patient to obtain accurate and
complete information.
4. Integrity. The investigator must keep all the promises he makes to have the
trust and confidence of the subject.
5. Logical Mind. The sequences of the questioning must be logical to make the
narration clear.
6. Ability to Observe and Interpret. The investigator must have the ability to
size-up an individual, observe, and interpret his reactions to questions.
7. Power of Self-control. The investigator must loss his temper during the
interrogation. It would result to neglect important details during the
interrogation.
8. Playing a Part. The investigator must act suited to the needs of the situation.
Legal Requirements for Interrogation
 20

1. Voluntariness. The statement of the person being interrogated must not be

the product of threats, fear, fraud, coercion, and other improper tactics.
2. This rule applies to using the statements against the party at the trial and to
using the statements as a basis for discovering other evidence.
3. The voluntariness requirement stems from Miranda Warning under the 1987
Philippine Constitution. The Miranda doctrine means that prior to questioning
during custodial interrogation, the person must be warned that he has the
right to remain silent, that any statement he gives may be used as evidence
against him, and that he has the right to the presence of an attorney during
the entire investigation.
4. Jurisprudence dictates the correct procedure to be followed by the police
investigators in making arrest and conducting custodial investigation, At the
time of a person arrested, it shall be:
 Identify Himself
 Inform the reason of the arrest with warrant of arrest to be shown if
available
 Inform the constitutional rights
Rights of the Person During Custodial Interrogation or Investigation

1. The right to be informed of his right.

2. The right to remain silent and to be reminded that anything he says can and
will be used against him.
3. The right to an attorney or to counsel, preferably of his own choice, if not,
one will be provided for him.
4. Right against torture, force, violence, threat, intimidation, or any other means
which vitiate the free will of the person.
5. Right against secret detention places, solitary, incommunicado, or other
similar forms of detention.
Note: Any confession or admission obtained from the person arrested in
violation of these rights are inadmissible as evidence and cannot be used
against the said person under “Exclusionary Rule.” In addition, the confession
and admission must be suppressed under the “Fruit of the Poisonous Tree”
doctrine.

Techniques in Interrogation

a. Emotional Appeal. The investigator should combine the character of an actor

and a practical psychologist. He must be able to analyze the personality of
 21

the subject within a short time, decide the motivation, and create a good
atmosphere conducive to confession.
b. Sympathetic Approach. The investigator will listen the story of the suspect
especially his troubles, plight, and unfortunate situation. Aftermath, the
investigator will offer friendship and acts of kindness to win his cooperation.
c. Friendliness. A friendly approach of an investigator may induce the suspect
to confess. The following are the forms of friendliness:
1. The Helpful Adviser. The investigator is the suspect’s friend. If he
explains the whole thing to his friend, the investigator will try to advise
him.
2. The sympathetic brother. The suspect is seeking peace of mind and thus
square things with his own conscience. Telling of his story to the
investigator may give him the chance he is asking for.
3. Extenuation. If the suspect were to give the details of the unfortunate
incident, his friend, the investigator presents the affair in its true light.
4. Shifting the blame. The investigator may present the incident that the
crime could be happen to anyone. It is usually applied to the first-time
offender.
5. The Mutt and Jeff or Sweet and Sour Method. One investigator will act
stiffly and going to waste any time until the guilty party is punished, while
the other will be kind-hearted investigator will plea for cooperation while
the other is away.
6. Creating or Increasing the Feeling of Anxiety. The suspect is in the state
of emotional confusion, unable to think logically and clearly and his sense
of value disturbed. The investigator may obtain confession or admission if
he further misrepresents the picture. The methods to promote anxiety
were the following:
6.a. Exaggerating Fear. The interrogator persistently points out that the
suspect cannot win and there is no perfect crime. His continued silence
may affect his loved ones.
6.b. Greater or Lesser Guilt. A certain criminal act may constitute different
kinds of offenses which maybe grave or light. The investigator may
represent himself to be interested with minor ones. The suspect, who is
afraid of the grave consequences maybe free to talk or may confess to a
minor offense.
6.c. The Line-up. The witness, complainant, or victim are requested to
recognize the subject among the group of men in line-up. The witness or
complainant, who maybe previously coached confidentially, points out the
 22

subject as the guilt party in the line-up. Once pointed, the subjects is said
to be helping him by cooperating.

6.d. Reverse line-up. The accused is placed in a line-up and he is

identified several fictitious witness or victims who associated him with
different offenses. It is expected that subject will become desperate and
confess to the offense under investigation on order to escape from false
accusation.

6.e. Tricks and Bluff on a Split Pair Techniques. This is applicable when
there is more than one suspect. The suspects are separated and one is
informed that other has talked.

d. Stern Approach. The investigator displays a stern personality or demanding

immediate response towards the suspect by using the following methods:
1. Jolting. The investigator selects the right moment to shout to the subject
with a pertinent question in an apparent righteous outrage.
2. Opportunity to Lie. The investigator will give the suspect an opportunity to
lie.
e. Removing the Ethnic or Cultural Barrier
f. Searching for the Soft Spot
g. Rationalization. One of the modern techniques in interrogation which used of
reasons in interrogating the suspects.
h. Projection. This modern technique of interrogation is used by an investigator
through blaming other persons, not alone to the suspect, the causes of the
commission of the crime. This is to acquire the sympathy of the suspect.
i. Minimization. This technique of interrogation is an act of minimizing the
culpability of the suspect in the commission of the crime.

Integrative Interrogation Techniques to Obtain Confession (Ten Key Aspects)

1. Make a firm statement the person is guilty.

2. Do not allow the person to deny the act.
3. Offer possibilities of how and why this may have happened.
4. Undermine the person’s confidence.
5. Offer persuasive arguments for telling the truth.
6. Offer solutions to alleviate the person’s fears.
 23

7. Compliment the person.

8. Use leading and alternative type of questions.
9. Watch for the “buy” signs.
10. Move in close and press for the confession.
Tactics and Techniques in the Interrogation of Suspects Whose Guilt is
Definite or Reasonably Certain

1. Display an air of confidence in the subject’s guilt.

2. Point out some, but by no means at all, of the circumstantial evidence
indicative of a subject’s guilt.
3. Call attention to the subject’s physiological symptoms of guilt.
4. Sympathize with the subject by telling him that anyone else under similar
conditions or circumstances might have done same thing.
5. Suggest a less revolting and more morally acceptable motivation or reason
for the offense that which is known or presumed.
6. Reduce the subject’s guilt feeling by minimizing the moral seriousness of the
offense.
7. Sympathize the subject by:
8. Utilize displays of understanding and sympathy in urging the subject to tell
the truth.
9. Point out the possibility of exaggeration on the part of the accuser or victim or
exaggerate the nature and seriousness of the offense itself.
10. Have the subject place himself at the scene of the crime or in some sort of
contact with the victims or the occurrence.
11. Seek an admission of lying about some incidental aspect of the occurrence.
12. Appeal to the subject’s pride by well-selected flattery or by a challenge to his
honor.
13. Point out the futility or resistance to telling the truth.
14. Point out to the subject the grave consequences and futility of a continuation
of his criminal behavior.
15. Rather than seek a general admission, first ask the subject a question as to
some detail of the offense or inquire as to the reason for its commission.
16. When co-offenders are being interrogated and the previously described
techniques have been ineffective, “play one against the other.”
 24

Tactics and Techniques for the Interrogation of Suspects Whose Guilt is

Uncertain

1. Ask the subject if he knows why he is being questioned.

2. Ask the subject to relate all he knows about the occurrence, the victim, and
possible suspects.
3. Obtained from the subject-detailed information about his activities before, at
the time of an after the occurrence in question.
4. Where certain facts suggestive of the subject’s guilt are known, ask him
about them rather casually and as though the real facts were not already
known.
5. At various interval asl the subject certain pertinent questions in a manner
which implies that the correct answers are already known.
6. Refer to some non-existing incriminating evidence to determine whether the
subject will attempt to explain it away; that the fact is suggestive of his guilt.
7. Ask the subject whether he ever thought of committing the offense in
question or one similar of it.
8. In theft cases, if a suspect offers to make restitution, that fact is indicative of
guilt.
9. Ask the subject whether he is willing to take a Lie-Detector Test. The
innocence, whereas the guilty person is more prone to refuse to take the test
or to find excuses for not taking it or for backing out his commitment to take
it.
10. A subject who tells the interrogator, “All right, I’ll tell you what you want but I
didn’t do it,” is, in all probability, guilty.
General Suggestions Regarding the Interrogation of Suspect

1. Interview the victim, the accuse, or the discoverer of the crime before
interrogating the suspect;
2. Be patient and persistent. Never conclude an interrogation at a time when
you feel discouraged and ready to give up; continue for a little while longer;
3. Make no promise when asked “What will happen to me if I tell you the truth?”;
4. View with skepticism the so-called conscience-stricken confession;
5. When a subject has made repeated denials to previous investigators, first
question him whenever circumstances permit about some other unrelated
offense of a similar nature of which he is also considered to be guilty; and
 25

6. An unintelligent or uneducated suspect with a low cultural background should

be interrogated on a psychological level comparable to that usually employed
in the questioning of a child.
LYING AND DECEPTION

Definitions
Deception – is an act of deceiving or misleading which is accomplished by lying.
Lying – creating a false or misleading impression with the intention of wrongfully
affecting the acts, opinion, or affection of another. It can be accomplished by verbal
terms spoken or acts, feigns, ruses, or other means by which man may be able to
get desired results through marks and symbols.

Physiological Signs and Symptoms of Guilt in Lying

A. Internal Signs and Symptoms
1. Quickening of heart palpitation
2. Gripping of the intestine
3. Dryness of the mouth
4. Sinking feeling in the fit of the stomach
5. Uncontrollable impulse to swallow saliva
B. External Signs and Symptoms
1. Uneasiness or unnecessary movements of hands and feet
2. Swinging of legs or one leg over the other
3. Inability to look straight in the investigator’s eyes
4. Rolling of eyeballs from one direction to another
5. A forced laugh
6. Quivering of nose or nostrils
7. Excessive activity of the Adam’s apple due to dryness of mouth
8. Excessive winking of the eyes
9. Twitching of the lips
10. Dilation of the eyes, protrusion of eyeballs, and elevation of upper eyelids
11. Squinting of the eyes
12. Peculiar and unusual facial expression
13. Holding of breath
 26

14. Face color change such as blushing or paling

15. Peculiar monotone of voice
16. Sweating in the forehead or of the whole body
17. Incoherence and trembling of some or whole parts of the body
18. Unusual behaviors such as fidgeting, tapping, or drumming of fingers
Theory of Lie

a. Four-Factor Model. This theory states that when people lie, there are four
underlying mechanisms that work such as arousal, behavior control, emotion,
and thinking. Arousal is one of the causes of lying which is resulted from the
dissonance of conflicting values and behavior or due to fear of getting
caught. Examples of arousal were anxiety, speech errors hesitations,
repetitions, fidgeting and displacement activity, blinking, higher vocal pitch,
and pupil dilation. Behavior control refers to controlling of body language
b. Information Manipulation Theory. This theory explains that lying starts when
a person deliberately breaks the so-called four conversational maxims
namely quantity, quality, relation, and manner. Quantity is giving information
if full without omission and achieve the expectation of the listener. Quality is
truthful and correct giving of information. Relation is giving of information
relevant to the topic or issue being concerned in the conversation at hand. At
last, manner is the giving or presenting of information in an understandable
manner aligned with non-verbal language.
c. Interpersonal Deception Theory. This theory stressed that lying happens in a
dynamic interaction between the liar and the listener. During this interaction
and changing of thoughts between them, the liar will exhibit behavior such as
manipulating behavior, strategically control behavior, and image
management. Manipulating information is the behavior of the liar to divert or
distance the topic of conversation to avoid disclosing the truth such as the
use of generalities and vague statement or talking about other people.
Strategically control behavior is the behavior of the liar used to suppress
signals that indicates lying such as impassive face and rigidity of the body. At
last, image management is the behavior of the liar to maintain the
appearance to be normal such as smiling and nodding.
d. Placebo Effect. Placebo means “I shall please” in Latin. In this theory, the liar
conditioned the mind and perceive the lies being stated as true. This mind
conditioning and belief will serve as the convincing factor of the liar not only
the listener but also to his own. It is common to those individuals who has
higher in ego resilience and agreeableness with lower angry neuroticism.
Psychology of Lying
 27

The person who lies fears detection because it may lead to possible
ostracism from the community and be penalized. This fear, as reaction of the lying
person, carries emotional response which may exhibit external and internal physical
changes. These physiological changes are beyond the defensive power to control of
human being.

Reasons Why People Lie

a. Defense mechanism used to avoid trouble with the law

b. Not to hurt someone’s feelings
c. They lie because they gain from it
d. To avoid embarrassment; and
e. For a good laugh or a joke

Kinds of Lie

a. White Lie or Benign Lie. This kind of lie used to protect or maintain the
harmony of friendship or any relationship.
b. Pathological Lie. This is a lie made by persons who cannot distinguish from
right or wrong.
c. Red Lie. This involves political interest and motives because this is a part of
communist propaganda strategy. This is prevalent in communist countries or
communist infested nation. Lies of means of propaganda-brain-washing and
blackmail via espionage and treason.
d. Black Lie. A lie accompanies pretensions and hypocrisies, intriguing to cause
dishonor or discredit one good image.
e. Malicious or Judicial Lie. This is very pure and unjustifiable kind of lie that is
intended purely to mislead or obstruct justice.
Types of Lies
a. Direct Denial. This type of lie is the directly denial of the act in question that
creates an emotional sense of disturbance. This disturbance refers to the
conflict between what is true and the attempted deception that creates an
internal battle of mind. In short, this involve by simply saying that they were
not involved.
b. Lie of Omission. This type of lie is very simple to tell and usually used by an
individual because it is simply telling the truth while omitting details that could
create possible trouble. It is sometimes referred to as “lie of choice” which
 28

can be used by the untruthful person to blame the interviewer for not asking
the question.
c. Lie of Fabrication. This type of lie is the most difficult type lie since the
person will create a false scenario and deliberately tell as if it was happened.
This type of lie can be easily detected since the dishonest person may hardly
remember the fabricated facts being told.
d. Lie of Minimization. This type of lie is used by an individual who accept that
something has occurred and wanted to stay close to the truth but downplays
the implication for personal benefit by covering the truth. The liar may used
statements like “it was an accident” or “it was already damaged, though.”
e. Lie of Exaggeration. This type of lie was used by an individual to exaggerate
things or overstate what happened for the hope of obtaining some
advantage. The exaggerated claims can be verified by looking for
inconsistencies of the subject’s story.

Types of Liars

a. Panic Liar. This type of liar is the one who lies in order to avoid admission
and confession. They lie because they are more afraid of the consequences
for telling the truth.
b. Occupational Liar. This type of liar is one who lies for monetary reward in not
telling the truth. They are considered as practical liars since lying become
part of their living.
c. Tournament Liar. This type of liar loves to lie and excited by the challenge of
not being detected.
d. Psychopathic Liar. This type of liar is the most difficult type of liar since they
had no conscience, no regrets for dishonesty, and no manifestation of guilt.
e. Ethnological Liar. This type of liar is taught to observe code of secrecy and
not to be squealer. They are usually member of secret organization or gang
and ought not to reveal the secrets of organization.
f. Pathological Liar. This type of liar is insane who cannot distinguish right from
wrong.
g. Black Liar. This type of liar is good at pretensions of what they are, what kind
of person they are, and simply what they are.

Different Methods of Detecting Deception

 29

Deception Detection Method is a method of gathering and knowing information

from the subject about the crime in dispute employing the use of machine or device,
drugs or substances and other necessary means.
a. Ancient Methods. This method relied on religious and superstitious belief
which uses ordeals in establishing the truth and has no scientific basis.
These include the following:
1. Red-hot iron ordeal
2. Ordeal of the balance
3. Boiling water
4. Water test ordeal
5. Smell-out technique
6. Sacred ass ordeal
7. Trial by combat
8. Rice-chewing
9. Palm reading
10. Card reading
11. Winnower and Scissor
12. Spirit of the glass
b. Observation Methods. This method is based on the external guilt response of
lying that observable to the subject.
1. Through Facial Expressions such dilation of the eyes, protrusion of
eyeballs, elevation of the upper eyelid, blushing, paling, profuse sweating
on the forehead, twitching at the corner of the lips, excessive winking, and
movement of the vein at the temple.
2. Through Postural Reactions such as hands and feet exhibiting state of
uneasiness, inability to look straight, peculiar monotone of voice, fidgeting
with fingers, tapping or drumming on table, and excessive movement of
Adam’s apple for male.
3. Through Cause-Effect Process such as the stimulation-reaction or
response test.

c. Regular Police Methods. This method sought to answer the legal

investigative process through the six (6) cardinal points of investigation
namely:
 What specific offense has been committed?
 30

 Who committed it?

 Where the offense was committed?
 When it was committed?
 Why it was committed?
 How it was committed?
d. Hypnotism. This type of technique in detecting deception is done by
hypnotizing the subject and then the question will be asked under hypnosis.
The information gathered in this test is inadmissible in court since it devoid
the subject’s own freewill to speak.
e. Word-Association Test. It was developed by Francis Galton in 1879. The
subject on this test will be asked to speak of his thoughts in response to word
spoken by the examiner. The word given contains words relevant to the
crime mixed with words irrelevant to the crime. It assumes that a guilty
person will attempt to avoid replying with words that may be associated with
the crime.
f. Truth-Serum Test/ Intoxication. It is sometimes called as Narco-analysis or
Narco-Synthesis. This is a deception detection method using narcotic or
anesthetic drug in order to get information from the subject. Examples of
drugs used in this test are trichloroethylene (anesthetic drug), methanine,
methyl pheridate, droperidol and scopolamine, eyocine hydrobromide,
sodium amytal, penthotal, Seconal, and other barbiturates. However, the
information taken from the subject under this test is not admissible in court as
evidence since the administration of drug is dangerous to the subject,
information gathered is not reliable to be true, and deprives the subject’s free
will to speak.

g. Psychological Stress Evaluator. It is a mechanical instrument introduced in

1970 and used to detect deception through measuring the human stress by
analyzing the voice.

h. Polygraph Test Technique. This technique uses the principle that the bodily
functions of person are influenced by mental state. The physiological
changes accompanying deception are being recorded, measured, and
interpreted with reasonable certainty. It is only administered to a willing
subject and accuracy of the test relies on the competency of the examiner.
The examination is undertaken by asking several questions skillfully
formulated while the subject is attached to the instrument. Its ultimate
objective is to obtain admission or confession of the offense committed.
However, the result of polygraph test is considered as inadmissible evidence
 31

in court proceedings since the result is not conclusive and purely

opinionated. This test does not directly determine the consciousness of guilt
of the suspect but viewed as a result of fear of exposure and being detected.

REVIEW QUESTIONS: CHAPTER TWO

Name:
Section: Date:
Rating: Professor

MULTIPLE CHOICE: CHOOSE THE LETTER OF YOUR CHOICE.

 32

1. Coerced and uncounseled statements are considered involuntary or forced

confession which are usually an:
a. Judicial c. Prosecutorial
b. Extra judicial d. Admission

2. After apprising him of his rights under Republic Act 7438, Eduardo Miranda who
was invited and interrogated for the crime of murder executed an extra-judicial
confession acknowledging his guilt to the crime charged. What is the effect of such
confession to his case?
a. It can be used as evidence against him
b. He will be convicted for the crime of murder
c. He waived his rights to prove his innocence
d. His case will prosper

3. An act or declaration made in the presence and within the hearing or observation
of a party who does or says nothing, when the act or declaration naturally calls for
action if comment is not true.
a. Admission by Silence c. Admission
b. Res inter alios acta d. Negative pregnant

4. Statement no. 1. Confession is a voluntary statement, either oral or written, made

by a person charged with the commission of a crime which he admits participation
in, or commission of, the criminal act. It cannot be implied, it should be direct and
positive acknowledgment of guilt. Statement no. 2 Admission is a statement by the
accused regarding facts pertinent to the crime. It tends, in connection with the proof
of other facts, to prove the suspect’s guilt. It can be implied.
a. Statement No. 1 is true while statement no. 2 is false
b. Statement No. 1 is false while statement no. 2 is true
c. Statements No. 1 and 2 are both true
d. Statements No. 1 and 2 are both false

5. Which of the following need not be present in order to prove the guilt of the
accused by means of confession or admission?
a. Confession must be supported by corroborative evidence
b. Corpus delicti must be established separately
c. Confession must be voluntarily and freely given
d. Confession must be ratified by the judge or the prosecutor

6. The following are the rights of the accused under the Miranda Doctrine, except
a. The right to remain silent
b. The right to counsel of his own choice
c. Right to be informed of the nature of the charges against him and
whatever he says might be used for or against him
 33

d. The right to post bail

7. It is a technique of interrogation in which the investigator tries to dig deep into the
past problems, plight and unfortunate events in the suspect’s life; putting oneself
into the shoes of the suspect may win his cooperation.
a. Emotional appeal c. Tricks and bluffs
b. Stern approach d. Sympathetic approach

8. This is one technique of interrogation in which two groups of investigators are

used; one group appears rough, mean and dangerous while the other group
appears sympathetic and understanding toward the suspect.
a. Tricks and bluffs c. Rationalization
b. Stern approach d. Mutt and Jeff method

9. This is one technique of interrogation in which other persons, things or

circumstances are put to blame and not to the suspect alone.
a. Rationalization c. Projection
b. Minimization d. Jolting

10. This is one technique of interrogation in which in order to gain the sympathy of
the suspect, the investigator tells him like: “it is necessary to steal or rob than to see
your children go hungry”
a. Minimization c. Jolting
b. Projection d. Rationalization

11. It is believed as the best sign of deception as observed on suspects

a. Profuse sweating c. Avoidance of eye contact
b. Dry mouth d. Nervousness

12. What do you call to a Lie used to destroy the ideologies or creating false
propaganda? It is about spite and revenge.
a. Gray lie
b. Blue lie
c. Black lie
d. Red lie

13. A lie used to tell partly to help others and partly to help ourselves. It may vary in
the shade of gray, depending on the balance of help and harm.
a. Gray lie c. Black lie
b. Blue lie d. Red lie

14. The crime of Estafa is an example of ______?

a. Deception c. Demand
b. Lie d. Favor
 34

15. Jayvee, an ex-convict was used as a state witness in investigating the crime of
drug smuggling. He was subjected into polygraph examination to test his credibility
and loyalty to better cooperate in the conduct of investigation. As to the source of
information, what kind of source Ayalin is?
a. Grapevine source c. Cultivated source
b. Regular source d. Power source

16. A lie characterized by making Truth falsified or made up.

a. Lie of Omission c. Gray lie
b. Lie of Exaggeration d. Lie of Fabrication

17. What lie did Cardo committed if he saw his friend stealing some goods and does
not tell the truth when asked by the police?
a. Malicious lie c. Emergency lie
b. White lie d. Lie of Omission

18. Delfin approached Lucy-Ana and said that the latter was so beautiful when in
fact he was so irritated by its ugly face. What lie did he committed?
a. None c. Lie of Omission
b. Black lie d. Lie of Compliment

19. Refers to the act of inducing another person or people to believe a lie in order to
secure material or financial gain for the liar. Depending on the context, this may
subject to the liar to civil or criminal penalties.
a. Estafa c. Honest lie
b. Fraud d. Fake news

20. 84. What is the golden rule in conducting interviews?

a. The interviewer must win the trust and confidence of the person being
interviewed
b. The interviewer must have gone to the crime scene
c. The interviewer must be in proper police uniform
d. The interviewer must be a college graduate

CHAPTER THREE

HOMICIDE INVESTIGATION PROCEDURES

Learning Objectives

At the end of this course, the practitioners and students will be able to:

1. Understand the procedures of Homicide Investigation;

 35

2. Acquaint the different angles in establishing the cause of death; and

3. Familiarize the technical and legal aspects of Kidnapping, Robbery, and Theft
Investigation;

Introduction

Criminal Investigation of homicide is a discovery process. The investigator seeks to

discover and document such facts as type of death, identity of the deceased, cause of
death and motivation and identity of the perpetrator. In order to resolve these fundamental
questions, the investigation will focus on the cadaver, crime scene and post mortem
examination.
The cadaver is often of prime importance as an investigative factor. The victim’s
body can reveal much through examination of wounds and other types of tracing clues that
may be present.

Establishing the Facts of Death

The first essential step of the homicide investigation is to establish that the victim is,
indeed, dead. Police officers do not have the legal authority to pronounce death, only
physicians/medical doctor can establish the fact of death. For this reason, the police officer
should never assume death unless the condition of the victim’s body demonstrates death in
a totally obvious manner.

A. Death – death is defined as the absence of life in a living matter.

B. Kinds of Death
1. Somatic Death – Clinical Death
It is a complete, continuous, persistent cessation of respiration, circulation and
almost all brain functions of an organism. It is usually pronounced by a physician
or other members of the family.
2. Molecular Death- Cellular Death
It is the cessation of life of the individual cells in the whole body, which occurs
one at a time after somatic death.
3. Apparent Death – State of Suspended Animation
It is the state of temporary cessation of vital activities of the body or vital
processes were depressed to the minimum compatible with life. This condition is
not actually death although classified under the kinds of death, because the
person or organism is still alive although it seems that there are no signs of life.

C. Signs of Death
1. Cessation of respiration
2. Cessation of Heart Beating and Circulation
3. Cooling of the body
4. Insensibility of the body and loss of power to remove
5. Changes in the eyes
6. Changes in the skin

Identifying the Cadaver

Establishing the identity of the victim is important, it will provide tracing clues to the
motive and identity of the perpetrator, with the identity known, the investigator can focus
attention on the victim’s background and establish a possible motive through such
information. Victims encountered in indoor scenes will normally have identifying data on
 36

the body, or such data will be available throughout the crime scene. In outdoor scenes,
such evidence is normally not as readily available, since the victim is removed from the
personal environment and also outdoor scene may not be discovered for long period of
time; thus evidence may be destroyed by elements of nature or will be lost. If there are no
identifying papers on the victim’s person, fingerprint should be used as means of
identification. If fingerprint identification is unsuccessful, the investigator must rely on other
methods to establish identity.
Dental structures are highly resistant to destruction, and are frequently useful when
the other portions of the body are totally decomposed (Forensic Odontology). The skeletal
remains of the victim may also help to determine identity, as well as yield other types of
information. If bone fractures are noted, they may be used to identify the deceased, but if
only corresponding medical records can be located. The widths of the pelvic bones are
excellent indicators of the victim’s sex; Determination of the victims age maybe more
difficult, in that the victims past the age of eighteen years have generally achieved their
maximum skeletal growth. However, general age determination can be established via
dental structure.

A. Points Taken into Consideration when Finding Human Dead Body Elsewhere:
1. Place where the body was found
2. Date and time when found
3. Cause of death
4. Time when death occurred
5. Approximate age
6. Possible occupation
7. Complete description of the body

B. Points to be Considered in Identifying a Person

1. Face
2. Eyes
3. Nose
4. Head
5. Condition of hair
6. Mouth
7. Body built
8. Height
9. Weight
10. Complexion
11. Hands and feet
12. Teeth
13. Clothing
14. Ornamental
15. Personal belongings
16. Identification from spouse, parents, relatives and friends
17. Files from the police and other law enforcement agencies
18. Occupational mark
19. Race
20. Tattoo marks
21. Deformities
22. Birth marks
23. Physical defects leaving permanent results such as amputation and improper
union of the fractured bones
24. Moles
25. Scars
26. Tribal marks
27. Sexual organ
 37

28. Blood grouping

Determination of Time of Death (Death Estimates)

A determination of the time of death should be attempted in all homicide
investigations. This fact is significant because of its investigative importance in
corroborating or disputing alibis, or in establishing the victim’s movements prior to death.
Determining death is not an exact science.

POST-MORTEM CHANGES

1. POST-MORTEM LIVIDITY (Livor Mortis)– Discoloration of the body after death;

setting of blood in the dependent portions of the body following death).
It is a reddish purple to purple coloration in dependent areas of the body due to
accumulation of blood in the small vessels of the dependent areas secondary to gravity.
This pooling of blood begins immediately after death and becomes fixed in approximately 8-
12 hours. The investigator can press on the skin in the dependent regions and if the skin
blanches, death has probably occurred less than 12 hours. This becomes fixed after a
while and can tell if the body has been moved. This is not a reliable indicator of time of
death. This is a better indicator of whether the body has been moved since death.

The Color of Lividity may Indicate the Cause of Death:

1. Carbon monoxide poisoning/ cyanide – cherry red to pinkish color
2. Asphyxia – dark lividity
3. Phosphorous poisoning – dark brown

TYPES OF LIVIDITY
1. Hypostatic – Blood is still in fluid form inside blood vessel; change as position of the
body changes. Blood remains fluid in the blood vessel for 6- 8 hours.

2. Diffusion– Coagulated inside blood vessel; Change in position will not change its
location.

Importance of Post-Mortem Lividity

1. It is a sign of death
2. It enables the investigator to estimate the time of death
3. It determines the position of the body after death
4. It may indicate the cause and manner of death

Characteristics of Post-Mortem Lividity

1. It occurs in the most extensive areas of the most dependent portion of the body.
2. It involves the superficial layer of the skin, lungs, intestines, kidneys, and brain.
3. Color is uniform in the tissues.
4. It is not elevated from the skin, lungs, intestines, kidneys and brain.
5. There is no injury to the tissues.
6. The color may appear and disappear in the tissues by shifting the position of the
body in the earlier stages of death.

2. POST MORTEM RIGIDITY (Rigor Mortis)

Stiffening of the body which occurs 2-6 hours after death and is characterized by
hardening of the muscles; the chemical reaction that causes rigidity in the muscle groups or
stiffening of the body after death due to the disappearance of Adenosine Triphosphate (ATP)
from the muscle.
-  Rigor mortis disappears with decomposition.
- Cold and/or freezing will delay the onset of rigor mortis as well as prolong
its presence
 38

- Involves all muscles the same time at the same rate.It appears first in the
smallermuscles such as the jaw and then gradually spread to upper and lower extremities.
-  Instantaneous rigidity can also be found following ingestion of cyanide and
strychnine poison.
Rigor Mortis has duration of 24 to 48 hours in the Philippines and other tropical
countries and 36 to 48 hours during summer in the same.

3. ALGOR MORTIS(Cooling of the body)

The body cools following death at approximately 1.5 degrees F per hour, under
normal conditions and assuming the body’s temperature at death is 98.6 degrees F (37
degrees C).

Factors Affecting AlgorMortis:

1. Illness
2. Clothes
3. Obesity
4. Room temperature

4. ONSET AND STAGE OF DECOMPOSITION

Decomposition is the action of bacteria on the dead body. The onset of
decomposition is 1 to 2 days after death and then finally the dead body becomes skeletal
remains in months considering the factors that influence the rate of putrefaction.

5. LIFE CYCLE OF FLIES

The eggs of ova laid by the flies on the dead body will hatch to form maggots within
24 hours. The maggots will feed vigorously on the damaged dead body, then transform into
pupal stage and finally into adult flies within a few days.

6. CHANGES IN THE BLOOD

The blood remains fluid in the body after death after 6-8 hours. After which it
gradually clotted or coagulated in a slow process until 12 hours wherein the lividity is
already fully developed.

7. CHANGES IN STOMACH
It usually takes three to four hours for the stomach to empty its contents after meals.

Examination of the Cadaver at the Crime Scene

External post mortem appearances are very informative. The areas of the body
showing lividity indicate the position after death. Wounds and their appearance are
particularly significant as they often assist in reconstructing the circumstances of a crime,
the nature of the murder weapon and the manner of its use.
Defense wounds are the result of a person’s instinctive reaction of self-protection. It
may be found on the hand in the effort of the victim to grasp the wounding instrument or by
raising the hand to protect the vital parts of the body. Absence of defense wound does not
eliminate the possibility that the victim made some form of defense.

Common External Injuries Sustained by the Victim from Homicidal Attack

a. Contusion – an injury in the substance of the skin, discoloration of the surface due
to extravasation of blood. This is due to the application of a blunt instrument.
b. Hematoma – this is the extravasation of blood in the newly formed cavity.
c. Abrasion – an open wound characterized by the removal of the epithelial layer of the
skin brought about by the friction against hard, rough object.
d. Incised wound – produced by forcible contact on the body by sharp edge
instrument.
 39

e. Stab wound – produced by the forcible application and penetration of a sharp

instrument.
f. Punctured wound – penetration of a sharp pointed weapon
g. Lacerated wound – tearing of the skin due to forcible contact of a blunt instrument.

Evidence to Show the Fatal Effects of the Wound

1. Amount of hemorrhage
2. Size of the injury sustained
3. Organs and parts of the body involved
4. Mechanical effects on vital organs

Gunshot Wounds
All gunshot wounds result from the entry of a projectile into the body, and the
frequent presence of undispersed explosive gases. The relative size and appearance of the
wound will be affected by the distance from which the weapon was discharged. Generally,
the closer the discharged to the skin, the greater the damage. This damage is due to
explosive gases which precede the projectile at close range. In some investigations
involving firearms, a determination of whether the death was a homicidal, suicide or
accidental is difficult. In making such determination, the distance of the discharge is of great
importance. Majority of suicidal and accidental gunshot cases, arm’s length discharges are
involved. Accordingly, if the wound indicates discharge beyond the victim’s length, homicide
is indicated.
The location of the wound may also serve to rule out suicide. If the wound is located
in an area of the body that is relatively inaccessible to the victim, homicide is indicated. It is
also unusual for a suicide wound to be inflicted in an area other than the head of chest.
However,there have been a number of suicide cases involving wounds in extremities. The
presence or absence of a “suicide note” is a poor indicator of suicide or homicide.

Two Types of Wounds:

1. entrance wound (POE)
2. exit wound (POX)

Determination whether the wound is suicidal, homicidal, or accidental

A. Evidence to prove that gunshot wound is suicidal:
1. The fire is usually in contact or near contact, as shown by the presence of burning,
singeing and tattooing of the area around the gunshot wound.
2. The presence of usually but one gunshot wound. In most cases, after a shot,
especially at the head, the victim can no longer voluntarily act to inflict another shot.
3. Portions of the body involved are those accessible to the hand of the victim utilized
in committing suicide, he will not think of the difficult way of ending his life unless he
has the intention of deceiving the investigators.
4. History of despondency, family problem which may cause him to commit suicide.
B. Evidence to show that the wound is accidental:
1. Usually there is but one shot.
2. There is no special area of the body involved
3. Testimony of the witnesses

C. Evidence to show that the wound is homicidal:

1. The site or sites of the wound of entrance has no point of election.
2. The fire is made when the victim is usually some distance away from the assailant
3. Signs of struggle/ defense wound maybe present in the victim.
4. There maybe disturbance of the surrounding on the account of the previous
struggle.
5. Wounding firearm is usually not found at the scene of the crime
 40

6. Testimony of the witnesses

DEATH BY HANGING AND STRANGULATION

Determination whether hanging is suicidal, homicidal, or accidental

1. Hanging – is a state of injury or death of the body whereby the ligature tightened
around the neck by the suspension of the body.

A. Suicidal Hanging – in death by hanging, it is usually suicidal unless proven

otherwise. Some evidence to prove are the following:
1. Accessible materials used for ligature like rope, rolled beddings, or wires.
2. Identification of the fibers from the rope in the hands of the victim.
3. Evidence of movement of the rope on the beam or anchorage from upward and
downward as the body has been suspended.
B. Homicidal Hanging
1. Presence of defense wound in the body of the victim.
2. Presence of blood stains and other injuries to the body of the victim.
3. Presence of signs of struggle in the clothing, furniture, beddings, and others.
4. Nature of the window, curtains, and doors.
C. Accidental hanging is not common.

2. Strangulation
Strangulation by ligature is usually homicidal and is done by tying the ligature
around the neck and the two ends pulled in the opposite direction in such a manner that
tightens the ligature. Ligature used may be rope, chain, wires, vines, rolled clothing.
SUICIDES

Ways of Committing Suicide

1. By cut-throat
2. By puncturing the left breast
3. By gunshot
4. By hanging
5. By drowning
6. By poisoning

ACCIDENTAL DEATH

Is death which occurs beyond the sway of ones will and although it comes about
through some act of will, lies beyond the bounds of human forceable consequences.

How Accidental Deaths Occur

1. Examination of the body revealed marked tearing of the wearing apparel, burns of
different degrees on the skin surface, wounds of almost any description and almost
the whole body is affected by the injury.
2. History of a thunderstorm that took place in the area.
3. Evidence of the effects of lighting are found in the vicinity, like damages to house,
tress, etc.
4. Metallic articles are fused or magnetized.
5. Absence of wound or other injuries indicating suicidal or homicidal death.
6. Fusion of glass materials in the neighborhood on account of extreme heat.

ELECTROCUTION
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Accidental Electrocution
1. Presence of high voltage wire at the scene of death.
2. Body surface injuries as probably site of entrance and exit of electric current.
3. Death develops suddenly as victim not able to get away from the place of
electrocution.
4. Absence of evidence to show suicidal or homicidal.

ROBBERY INVESTIGATION

Article 293 – Robbery in General

Any person who, with intent to gain, shall take any personal property belonging to
another by means of violence or intimidation of any person, or by using force upon anything
shall be guilty of robbery.

Elements of Robbery
1. That there be personal property belonging to another;
2.  That there is unlawful taking of that property;
3. That the taking must be with intent to gain; and
4. That there is violence against or intimidation of any person, or force upon
things.

How robbery with force upon things is committed?

The malefactors shall enter the house or building in which the robbery was
committed by any of the following means:
1. Through an opening not intended for entrance
2. By breaking any wall, roof, floor or breaking any window or door.
3. By using false key or picklocks
4. By using fictitious name or pretending the exercise of public authority
5. By breaking of doors, wardrobes, closets or any kind of locked or sealed
furniture or receptacle
6. By taking such furniture or objects away to be broken or forced open outside the
place of robbery.

General Types of Robbers

1. Amateurs – motivated by greed, the desire for a thrill and self-testing.

2. Professionals – are those person who worked as robbers as a trade making it
their living and having no other means of income.

Note: Robbery – This is the taking or personal property belonging to another, with intent to
gain, by means of violence against, or intimidation of any person, or using force upon
anything.

Two Kinds of Robbery:

1. Robbery with violence or intimidation; and
2. Robbery with force upon things.
a. Belonging to another – person from whom property was taken need not be
the legal owner, possession is sufficient. The property must be personal
property and cannot refer to real property.
b. Name of the real owner is not essential so long as the personal property
taken does not belong to the accused except if crime is robbery with
homicide.
c. Taking of personal property – must be unlawful; if given in trust – estafa.
 42

d. As to robbery with violence or intimidation – from the moment the offender

gains possession of the thing even if offender has had no opportunity to
dispose of the same, the unlawful taking is complete.
e. As to robbery with force upon things – thing must be taken out of the
building.
f. Intent to gain – presumed from unlawful taking – intent to gain may be
presumed from the unlawful taking of another’s property. However, when
one takes a property under the claim of ownership or title, the taking is not
considered to be with intent to gain. (U.S. vs. Manluco, et. al., 28 Phil.360)
g. When there’s no intent to gain but there is violence in the taking- grave
coercion.
h. Violence or intimidation must be against the person of the offended party,
not upon the thing.
i. General rule: violence or intimidation must be present before the “taking” is
complete.
Exception: when violence results in-homicide, rape, intentional mutilation or
any of the serious physical injuries in par. 1 and 2 of ART. 263, the taking of
property is robbery complex with any of this crime under ART. 294, even if
taking is already complete when violence was used by the offender.
j. Use of force upon thing – entrance to the building by means described and
ART. 299 and 302 (Offender must enter). The other kind of robbery is one
that is committed with the use of force upon anything in order to take with
intent to gain, the personal property of another. The use force here must
refer to the force employed upon things in order to gain entrance into a
building or a house. (People vs. Adorno, C.A. 40 0.G.567).
k. When both violence or intimidation and force upon things concur – it is
robbery with violence.

Robbery and Theft, compared.

a. Both robbery and theft involved unlawful taking as an elements;
b. Both involve personal property belonging to another;
c. In both crimes, the taking is done with intent to gain;
d. In robbery, the taking is done either with the use of violence or intimidation of
person or the employment of force upon things; whereas in theft, the taking is
done simply without the knowledge and consent of the owner.

Investigative Techniques in Robbery cases:

a. The investigator must initiate similar preliminary steps upon reaching the crime
scene.
b. Determine the point of entrance and point of exit by the perpetrator.
c. Determine the value of stolen articles.
d. The full and detailed description of the stolen articles.
e. Gather physical evidence.
f. Determine the modus operandi of the perpetrator as it would give leads in the
identification and arrest of the suspect.
g. Full and detailed description of a get-away vehicle if any, or vessel, boat in
cases of piracy.
h. Coordinate with other law enforcement agencies.
i. Exploit investigative leads.
j. Written testimony of the complainant witness.
k. Accumulate clues and traces at the scene of a crime which will serve to identify
the offender.
 43

l. Develop informants in the local underworld who are aware of the activity of
robbery, particularly the activity of the semi-skilled amateur groups. (usually the
addict-robber)
m. Conduct a surveillance of likely fences and uncover and trace back stolen
property from its receiver to the robber.
n. Conduct surveillance of known burglars to ascertain if they are presently
committing robbery.
o. Accumulate information on various types of robber, the known and newcomers
whether they are in or out of prison, whether they are active.
p. Be alert on a modified modus operandi.
q. In cases where homicide is committed, follow the pattern of homicide
investigation.

Physical Evidence to be collected:

1. Footprints
2. Fingerprints
a. Areas of break
b. Closets – prints may be found in door and jams
c. Door knobs
d. Dressers
e. Pieces of furniture
f. Bottles and glasses
g. Walls
h. Tools
i. Desks
3. Clothing – sometimes the robbers exchange their own jackets with that one
found.
4. If a window was broken in effecting entry, glass particles maybe presents in the
trouser cuffs and pockets of suspect. Samples of broken glass should be
collected for possible future comparison in the event that a suspect is picked up.
5. Paint- if a crowbar has been used to force the window, paint may adhere to the
tool. Paint samples should be taken for future comparison.
6. Tool marks
7. Tools
8. Observed odd behavior patterns in the crime scene
9. Cords and ropes used
10. Firearms used
11. Means of escape

Anti-Piracy and Anti-Highway Robbery/Brigandage Law of 1974 (P.D. 532)

Piracy – any attack upon or seizure of any vessel, or taking away of the whole or
part thereof or its cargo, equipment or the personal belonging of its complements or
passengers, irrespective of value thereof, by means of violence against or intimidation of
persons or force upon things, committed by any persons, including a passengers or
member of the compliments of said vessels in Philippine waters.

Highway Robbery/ Brigandage – the seizure of any person for ransom, extortion
or other unlawful purposes, or the taking away of the property of another by means of
violence against or intimidation of persons or force upon things of other unlawful means
committed by any person or any Philippine highway.

Anti-Cattlle Rustling Law of 1974 (P.D. 533)

 44

Cattle Rustling – Is the taking away by any means, methods or scheme, without
the consent of the owner/raiser, or any of the above animals (cow, carabao, horse, mule or
other domesticated member of the bovine family) whether or not for profit or gain, or
whether committed with or without violence against or intimidation of any person or force
upon things. It includes the killing of large cattle, or taking its meat or hide without the
consent of owner/raiser.

Anti-Fencing Law of 1979 (P.D. 1612)

Fencing – is the act of any person, who, with intent to gain, for himself or for
another shall buy, possess, keep, acquire, concealed, sell or in any other way, deal on any
articles, items, objects, or anything of value which he knows to have been derived from the
proceeds of crime or robbery or theft.
Fence – includes any person, firm, organization, association or corporation or
partnership and other organization who/ which commits the act of fencing.

Article 267 – Kidnapping and Serious Illegal Detention

Elements:
1. That the offender is a private individual;
2. That the kidnaps or detains another, or in any other manner deprives the latter
of his liberty;
3. That the act of detention or kidnapping must be illegal;
4. That in the commission of the offense, any of the following circumstances is
present:
a. That the kidnapping of detention lasts for more than 3 days
b. That is committed simulating public authority
c. That any serious physical injuries are inflicted upon person kidnapped or
detained of threats to kill him are made; or
d. That the persons kidnapped is a minor, female, or a public officer.

Any private individual who shall kidnap or detain another, or in any other manner
deprives him of his liberty.

The perpetrator shall suffer the penalty of reclusion perpetua to death if:

1. The kidnapping or detention shall have lasted for more than five days.
2. Committed by simulating public authority.
3. Any serious physical injuries shall have been inflicted upon the person
kidnapped or detained or if threat to kill shall have been made.
4. The person kidnapped or detained shall be a minor, female or public officer.

The penalty shall be death where the kidnapping or detention was committed for the
purpose of extorting ransom from the victim or any other person, even if none of the
circumstances above mentioned were present in the commission of the offense.

Important factors in Kidnapping Cases:

1. The safe return of the victim

2. Identification and apprehension of the suspect

Initial Investigative Procedures:

1. Thorough interview of the victim if already released.
2. Search of the crime scene
 45

3. Interview of the possible witnesses

4. Checking the modus operandi
5. Possible identification through the photographic files
6. Coordination with other law enforcement agencies

Kidnapping where ransom is involved:

Phase I.
When a complaint is received, the family of the victim is requested to remain in
touch to accumulate information needed. The following types of information must be taken:
1. How the demand was made
2. Request the family to refrain from divulging the contents of the letter, note or call
to anyone except to the police authorities.
3. Emphasize the importance of news blackout as essential to the victim’s safety
4. Obtain and preserve the ransom note for laboratory examination.
5. Determine if the family intends to pay the ransom, investigators should avoid
giving the opinion as to ransom payments
6. Find ways and means to verify if the victim is still alive.
7. Conduct family background investigation
8. Conduct covert investigation of household helpers
9. Arrange for wiretapping operations in accordance with RA 4200
10. Establish possible motives

Phase II. After the victim has been returned or the body has been located.
After the victim has been returned dead or alive, the investigation changes, an all-
out investigation are conducted in accordance with the second objective, to identify and
apprehend the suspects. Investigative procedure includes:
1. Thorough interview of the victim. All details should be obtained.
3. Re interview all witnesses
4. Conduct surveillance
5. Determine whether the kidnapper is familiar with the victims, residential area,
habits and financial status.
6. If the victim is dead follow the pattern of homicide investigation

Pointers to be considered in Kidnapping Cases:

1. Remember that kidnap for ransom gang must be treated as witty, experienced
and dangerous armed criminals.
2. Any slightest mistake on the part of the police would mean death of the victim
3. Initiate secrecy discipline not only on the victim’s family but also within the
police.
4. Experienced, trusted personnel must be utilized
5. Equipped with sophisticated communication system

Problems in the Investigation of Kidnapping Cases:

1. Out of fear, the family of the victim does not want to cooperate with the police.
2. The case is only reported after payoff of the ransom money or the victim had
been found dead.
REVIEW QUESTIONS: CHAPTER THREE

Name:
Section: Date:
Rating: Professor
 46

MULTIPLE CHOICE: CHOOSE THE LETTER OF YOUR CHOICE.

1. Deals with the study of major crimes based on the application of special investigative
techniques.
a. Criminal investigation c. Special Crime investigation
b. Patrol investigation d. Traffic investigation

2.The official inquiry made by the police on the facts and circumstances surrounding the
death of a person which is expected to be criminal or unlawful.
a. Rape investigation c. Homicide Investigation
b. Robbery investigation d. Murder investigation

3. A man who suddenly casts upon the eyes of the victim and then stabs him to death is
liable for what offense?
a. Homicide c. Physical Injuries
b. Parricide d. Murder

4. He who kills an illegitimate grandfather or an illegitimate grandson is not guilty of

parricide, but of homicide or murder.
a. The above statement is erroneous
b. The above statement is true
c. The above statement is partly correct
d. The above statement is inadmissible

5. The killing of father, mother or child whether’ legitimate or illegitimate; or any of his
ascendants, descendants or spouse.
a. Infanticide c. Homicide
b. Parricide d. Murder

6. In this kind of crime, the culprit receives the property from the victim out of deceit.
a. Robbery c. Estafa
b. Theft d. All of the above

7. Buyer or seller of stolen goods.

a. Fence c. Pawnshop
b. Junkshop d. Dealer

8. The presence of empty shells at the scene of gun shooting indicates that the perpetrator
is?
a. Used a revolver
b. Used an automatic weapon or Pistol
c. Used a bladed weapon
d. All of the above

9. The following are the presumptive signs and tests for death, except …
a. Cessation of heart sound
b. Presence of breathing and respiratory movements
c. Loss of flushing on nail beds when pressure applied on the fingernails is
released
d. None of the above

10. The following conditions produced simulated appearance of death, except ..

a. Electric shock c. Diabetic
b. Certain mental disease d. Prolonged immersion
 47

11. One is not considered as mutilated remain.

a. Hand c. Head
b. Hair fiber d. Sex organ

12. The following will show that the gunshot wound is Homicidal, except..
a. Presence of suicide note
b. Signs of struggle / defense wounds maybe present in victim
c. There maybe disturbance of the surrounding on the account of the previous
struggle
d. Wounding firearm is not usually found at the scene of the crime

13. The following will prove that the gunshot wound is suicidal, except ..
a. Presence of suicide note
b. The fire is usually contact, as shown by the presence of burning, tattooing of
area around the gunshot wound
c. The presence of multiple gunshot wounds
d. Wounding weapon held tightly on the palm of the hand of the victim

14. If the cadaver is found with lividity on the lower surface, it can be concluded..
a. That the cadaver was moved after death
b. That it was the cadaver original position after death
c. Both A and B
d. None of the above

15. A man who entered the dwelling through an open window and took the gold wrist watch
placed atop the table is liable for ..
a. Trespassing c. Robbery
b. Theft d. Violation of Domicile

16. Instantaneous rigidity of the muscle of the body right after death.
a. Post mortem lividity
b. Cadaveric spasm
c. Rigor mortis
d. Suspended animation

17. Hesitation wounds is indicative of ..

a. Suicide c. Accidental death
b. Murder d. Homicide

18. Gradual stiffening of the muscles of the body from two to six hours after death
a. Post mortem lividityn c. Rigor mortis
b. Cadaveric spasm d. Suspended animation

19. Dark blue discoloration where blood has drained to the lowest level.
a. Cadaveric spasm c. Rigor mortis
b. b. Post mortem lividity d. Suspended animation

20. Non-fatal wounds sustained by the victim as he attempts to ward off the attacks.
a. Hesitation wounds c. Lacerated wounds
b. Defense wounds d. Puncture wounds

21. Defense wounds is indicative of?

a.Suicide b. Murder
c. Accidental death d. Self defense
 48

22. Taking personal property belonging to another, with intent to gain, without the
knowledge and consent of the owner, but without violence or intimidation of person or force
upon things.
a. Theft c. Estafa
b. Robbery d. Malicious Mischief

23. Robbery perpetrated by more than three armed malefactors.

a. Piracy c. Robbery with force upon things
b. Robbery in band d. None of the above

24. The taking of personal property belonging to another, with intent to gain, with violence
or intimidation upon person and force upon things.
a. Theft c. Estafa
b. Robbery d. Malicious Mischief

25. A type of robbery who worked at robbery as a trade and a source of income.
a. Amateur c. Unemployed
b. Professional d. Jack of all trades

26. Which of the following circumstances is considered Robbery?

a. Breaking of doors c. Using fictitious name
b. Using false keys d. All of the above

27. The following are considered elements of Theft, except ..

a. Taking of personal property
b. Property belonging to another
c. Done with the consent of owner
d. Done with intent to gain

28. An oral or written statement given by the victim of an impending death who died
afterward.
a. Deposition c. Dying declaration
b. Res gestae d. Affidavit

29. Rape is now classified as ..

a. Crime against Chastity c. Crime against Persons
b. Crime against Property d. Crime against Liberty

30 The crime of Rape can instituted by

a. Victim c. PNP
b. DSWD d. Any of the above

31. Otherwise known as the Child Abuse Law.

a.RA 6425 c. RA 7610
b. RA 8353 d. RA 8505

32. A man who engaged in a carnal knowledge with a deaf mute woman of legal age who
consented to the sexual act
a. Is liable for Lascivious Act
b. Is liable for Unjust Vexation
c. Is not liable for Rape since the woman consented to the act
d. Is liable for Rape under paragraph 1 of RA 8353

33.  Act increasing the age for determining statutory rape. Law raises the age of sexual
consent from twelve (12) to below sixteen (16) years old
 49

a. RA 11641 c. RA 11648
b. RA 11646 d. R4 11649

34. The law that provides assistance and protection for woman victim of Rape.
a. RA 8353 c. RA 7610
b. RA 8505 d. RA 9372

35. An act wherein some form of payment is obtained from a person to prevent disclosure
of information that would bring disgrace or ruin if made public; also known as extortion.
a.Swindling c. Coercion
b. Malicious Mischief d. Blackmail

36. Penetration made by man’s penis into the genital organ of a woman.
a. Lewd design c. Sexual orgy
b. Carnal knowledge d. None of the above

37. An injury characterized by the removal of the superficial epithelial layer of the skin
brought about by the friction against a hard rough surface.
a. Contusion c. Hematoma
b. Abrasion d. Incised wound

38. An injury found in the substance of the true skin with discoloration of the surface due to
the extravasation of blood.
a. Contusion c. Hematoma
b. Abrasion d. Incised wound

39. Produced by forcible contact on the body by a sharp instrument which is sharp edged.
a. Incised wound b. Stab wound
c. Puncture wound d. Lacerated wound

40. Wound produced by the forcible application of a sharp instrument which is sharp edged
and sharp pointed and penetrate human tissue to some extent.
a. Incised wound c. Puncture wound
b. Stab wound d. Lacerated wound

41. The tearing of the skin due to the forcible contact of a blunt instrument wherein the
edges are irregular and do not correspond to the wounding instrument.
a. Incised wound b. Stab wound
c. Puncture wound d. Lacerated wound

42. With cruelty, by deliberately augmenting the suffering of the victim or outraging or
scoffing at his person or corpse. This is one of the qualifying circumstances of;
a. Robbery c. Homicide
b. Murder d. Parricide

43. Infanticide is the killing of a child;

a. Less than three years old c. Less than three days old
b. More than three years old d. More than three days old

44. The conditions that must occur for an act to be called a specific kind of offense or crime.
a.Elements of crime c. Motive
b. Intent d. Opportunity

45. Vincent killed his adoptor after the rendition of judgment of the petition for adoption.
What was the crime committed by Vincent?
 50

a. Parricide c. Homicide
b. Murder d. None of the above

CHAPTER FOUR

CRIMES AGAINST PERSONS, CRIMES AGAINST PROPERTY, AND CRIMES

AGAINST PERSONAL LIBERTY AND SECURITY
 51

Article 248 of RPC. Murder

Elements of Murder:

1. With treachery taking advantage of superior strength, with the aid of armed men,
or employing means to weaken the defense or of means or persons to insure or
afford impunity.

2. Treachery - means that the offender party was not given the opportunity to make
a defense.

3. In consideration of a price, reward or promise.

4. By means of inundation or flood, fire, poison, explosion, shipwreck,
stranding/leaving of vessel, derailment or car leaving, or assault upon a railroad, fall
of an airship, or by means of motor vehicles or with the use of any other means
involving great waste and ruin or destruction.
5. On occasion of any of the calamities of an earthquake, eruption of a volcano,
destructive cyclone/storm, epidemic or other public calamity.
With evident premeditation.
6. Evident – Clear to the eye or judgment
7. Premeditation – planning or preparation is the act of mediating in advance;
deliberation upon a contemplated act; a design form to do something before it is
done.There is no evident premeditation without proof of planning.
8. With cruelty, by deliberately or intentionally and inhumanly augmenting the
suffering of the victim, or outraging/anger or scoffing/harsh at his person or
corpse/body.

Penalty: Reclusion Perpetua or (20 years and 1 day to 40 years) to death.

Art. 246 of RPC. Parricide

Committed by any person who shall kill his father, mother or child whether
legitimate or illegitimate, or any of his ascendants (moving upward) or descendants
(a person who is related to you and who lives after you) such as your child or
grandchild or his spouse.

Article 255 of RPC. Infanticide

Committed by any person who shall kill any child less than three days of age (less
than 72 hours).

Penalty: The penalty provided in Parricide, Infanticide and Murder shall be imposed
Reclusion Perpetua

Article 249 of RPC. Homicide 

The deliberate and unlawful killing of one person by another
is another term for the killing of one person by another which was not attended by
any qualifying circumstances of neither parricide, murder nor infanticide.

Elements of Homicide
1. That the person was killed.
 52

2. That the accused killed him without any justifying circumstances.

3. That the accused had the intention to kill, which is presumed/assumed.
4. That the killing was not attended by any qualifying circumstances of murder or by
that of parricide or infanticide.

Abortion
The killing of the fetus inside the womb. Under the RPC, abortion ordinarily means
the expulsion of the fetus before the 6th month or before the term of its viability, that
is, capable of sustaining life. But, as long as the fetus dies as a result of the
violence used or the drugs administered, the crime of abortion exists, even if the
fetus is full term.

Aborticide - destruction of a fetus in the uterus. Also called Feticide.

a drug or other chemical agent that causes abortion, abortion-inducing drug
abortion pill, an abortion-inducing drug developed in France, when taken during the
first five weeks of pregnancy it blocks the action of progesterone so that the uterus
sloughs off the embryo.

Article 256 of RPC. Intentional Abortion

Any person who shall intentionally cause an abortion shall suffer:
1. The penalty of reclusión temporal 12 year and 1 day to 20 years), if he shall use
any violence upon the person of the pregnant woman.
2. The penalty of prisión mayor (six years and one day to twelve years) if, without
using violence, he shall act without the consent of the woman.
3. The penalty of prisión correccional (6 months and 1 day to 6 years) in its medium
and maximum periods, if the woman shall have consented

Article 257 of RPC. Unintentional Abortion

The penalty of prisión correccional (6 months and 1 day to 6 years) in its minimum
and medium period shall be imposed upon any person who shall cause an abortion
by violence, but unintentionally.

Republic Act 8353 the Anti-Rape Law of 1997

Essential Elements of Rape Paragraph 1

Sexual intercourse or coitus or copulation - is sexual activity typically involving the

insertion and thrusting of the penis into the vagina for sexual pleasure, reproduction,
or both. This is also known as vaginal intercourse or vaginal sex.

1) That the offender is a man;  

2) That the offender had carnal knowledge of a woman;
3) That such act is accomplished under any of the following circumstances:  
(a) By using force or intimidation; or  
(b) When the woman is deprived of reason or otherwise unconscious; or  
(c) By means of fraudulent machinations or grave abuse of authority; or  
(d) When the woman us under 12 years of age or demented.

Essential Elements of Rape Paragraph 2

 53

Sexual assault - is an act in which a person intentionally sexually touches another

person without that person's consent, or coerces or physically forces a person to
engage in a sexual act against their will.

1) That the offender commits an act of sexual assault;

2) That the act of sexual assault is committed by any of the following means:
By inserting his penis into another person’s mouth or anal orifice;
By inserting any instrument or object into the genital or anal orifice of
another person;
3) That the act of sexual assault is accomplished under any of the following
circumstances:
By using force or intimidation;
When the woman is deprived of reason or otherwise unconscious;
By means of fraudulent machination or grave abuse of authority;
When the woman is under 12 years of age or demented.

Republic Act No. 11648, or the act increasing the age for determining statutory
rape, received the President Duterte signature on March 4, 2022. The long-awaited
law raises the age of sexual consent from twelve (12) to below sixteen (16) years
old.

Article 263 of RPC. Serious Physical Injuries – Any person who shall wound,
beat, or assault another, shall be guilty of the crime of serious physical injuries and
shall suffer:

1. The penalty of prision mayor, if in consequence of the physical injuries inflicted,

the injured person shall become insane, imbecile, impotent, or blind;

2. The penalty of prision correccional in its medium and maximum periods, if in

consequence of the physical injuries inflicted, the person injured 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, or shall have
become incapacitated for the work in which he was therefor habitually engaged;

3. The penalty of prision correccional in its minimum and medium periods, if in

consequence of the physical injuries inflicted, the person injured shall have 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 of the work in
which he as habitually engaged for a period of more than ninety days;

4. The penalty of arresto mayor in its maximum period to prision correccional in its
minimum period, if the physical injuries inflicted shall have caused the illness or
incapacity for labor of the injured person for more than thirty days.

If the offense shall have been committed against any of the persons enumerated in
Article 246, or with attendance of any of the circumstances mentioned in Article 248,
the case covered by subdivision number 1 of this Article shall be punished by
reclusion temporal in its medium and maximum periods; the case covered by
 54

subdivision number 2 by prision correccional in its maximum period to prision mayor

in its minimum period; the case covered by subdivision number 3 by prision
correccional in its medium and maximum periods; and the case covered by
subdivision number 4 by prision correccional in its minimum and medium periods.

The provisions of the preceding paragraph shall not be applicable to a parent who
shall inflict physical injuries upon his child by excessive chastisement.”

Interestingly, losing a tooth as a result of an assault is not automatically classified

as a deformity under Sec. 3 above. In the case of Ruego vs. People (G.R. No.
226745, 03 May 2021), the Supreme Court held that in determining whether or not
the loss of a tooth could be considered a serious physical injury under Article 263,
there must first be a factual determination during trial that the loss of the tooth
resulted in a visible deformity. Where deformity is not apparent at trial, whether as a
result of a lesser injurious act or through medical intervention, a lesser penalty
should be imposed. If there is no visible disfigurement (such as new dentures to
replace the lost tooth), then the offense can be downgraded to as slow as slight
physical injuries

Crimes Against Property

Article 293 of RPC. Robbery

It is the taking of personal property belonging to another, with intent to gain, by
means of violence against, or intimidation of any person, or using force upon things.

Two Types of Robbery (Based on RPC)

1. Force upon things as means of entry to the house or building; and

2. Intimidation (action of intimidating or frighten someone) or violence upon persons

Elements of Robbery
1. That there must be personal property;
2. That personal property belonging to another;
3. That the taking must be with intent to gain;
4. That there is violence against or intimidation of any person, or force upon thing.

Article 308 of RPC. Theft

Any person who, with intent to gain but without violence against or intimidation of
persons nor force upon things, shall take personal property of another without the
latter's consent.

Theft – committed by any person who, with intent to gain but without violence
against or intimidation of persons nor force upon things, shall take personal property
of another without the latter’s consent
1. Having found lost property, shall fail to deliver the same to the local authorities or
to its owner;
2. After having maliciously damaged the property of another, shall remove or make
use of the fruits or object of the damage caused by him; and
 55

3. Enter an enclosed estate or a field where trespass is forbidden or which belongs

to another and without the consent of its owner, shall hunt or fish upon the same or
shall gather fruits, cereals, or other forest or farm products

Article 315 of RPC. Swindling (Estafa)

The crime of Estafa or Swindling is punishable under Article 315 of the Revised Penal Code
(“RPC”) and there are different forms of committing it. Estafa can be committed a) with
unfaithfulness or abuse of confidence; b) by means of false pretenses or fraudulent acts;
and c) through fraudulent means.

The first form which is “with unfaithfulness or abuse of confidence” is known as estafa with
abuse of confidence, while the second form and third form, which are “by means of false
pretenses or fraudulent acts” and “through fraudulent means” are known simply as estafa
by means of deceit.

In general, case laws enumerate the elements of Estafa by means of deceit, as follows:

1. that there must be a false pretense or fraudulent representation as to the offender’s

power, influence, qualifications, property, credit, agency, business or imaginary
transactions;
2. that such false pretense or fraudulent representation was made or executed prior to
or simultaneously with the commission of the fraud;
3. that the offended party relied on the false pretense, fraudulent act, or fraudulent
means and was induced to part with his money or property; and
4. that, as a result thereof, the offended party suffered damage.

This article is focused on the discussion of estafa under Article 315, paragraph 2 (a) of the
RPC, which is covered by estafa by means of deceit. Accordingly, this crime of estafa is
defined and penalized by Article 315, paragraph 2 (a) of the Revised Penal Code, to wit.:

“Article 315. Swindling (estafa). Any person who shall defraud another by any of the means
mentioned herein below shall be punished by:

2. By means of any of the following false pretenses or fraudulent acts executed prior to or
simultaneously with the commission of the fraud:

(a) By using fictitious name, or falsely pretending to possess power, influence,

qualifications, property, credit, agency, business or imaginary transactions, or by means of
other similar deceits.”

The elements of the said crime are as follows:

 There must be a false pretense, fraudulent acts or fraudulent means;

 Such false pretense, fraudulent act or fraudulent means must be made or executed
prior to or simultaneously with the commission of the fraud;
 The offended party must have relied on the false pretense, fraudulent act or
fraudulent means and was thus induced to part with his money or property; and
 As a result thereof, the offended party suffered damage.

In this particular crime, three ways are enumerated to commit such, and they are:
 56

 By using fictitious name;

 By falsely pretending to possess power, influence, qualifications, property, credit,
agency, business or imaginary transactions
 by means of other similar deceits.”

Republic Act No. 10883, or otherwise known as the New Anti-Carnapping Act
of 2016 is a law which punishes carnapping in the Philippines. Amended the
Republic Act 6539 or the "Anti-Carnapping Act of 1972."

For purposes of knowing what carnapping is, one must be able to know what motor
vehicle is, in the first place. As defined under this law, motor vehicle refers to any
vehicle propelled by any power other than muscular power using the public
highways.

Note that the following are not embraced in the definition of a motor vehicle under
the law and thus cannot be the subject of carnapping, to wit:

1. road rollers, trolley cars, street sweepers, sprinklers, lawn mowers,

bulldozers, graders, forklifts, amphibian trucks, and cranes if not used on
public highways;
2. vehicles which run only on rails or tracks; and
3. tractors, trailers and traction engines of all kinds used exclusively for
agricultural purposes

RA 10883 punishes the crime of carnapping which refers to the taking, with intent to
gain, of a motor vehicle belonging to another without the latter’s consent, or by
means of violence against or intimidation of persons, or by using force upon things.

The Supreme Court has ruled in the case of People of the Philippines vs. Garcia
and Bernabe, G.R. No. 138470, 1 April 2003, that it does not matter if the person
from whom the motor vehicle was taken is not the owner thereof. What is simply
required is that the property taken does not belong to the offender.

Penalty for Carnapping

Just like any other serious crime, any person who is found guilty of carnapping
shall, regardless of the value of the motor vehicle taken, be punished by
imprisonment.

When the carnapping is committed without violence against or intimidation of

persons, or force upon things, the imprisonment shall be for a period not less than
twenty (20) years and one (1) day but not more than thirty (30) years.

When the carnapping is committed by means of violence against or intimidation of

persons, or force upon things, the imprisonment shall be for a period not less than
thirty (30) years and one (1) day but not more than forty (40) years.
 57

Take note that when the owner, driver, or occupant of the carnapped motor vehicle
is killed or raped in the commission of the carnapping, the penalty of life
imprisonment shall be imposed.

Concealment of carnapping shall also be punishable under the new law.  Any
person guilty of concealment of carnapping shall be imprisoned for six (6) years up
to twelve (12) years and fined equal to the amount of the acquisition cost of the
motor vehicle, motor vehicle engine, or any other part involved in the violation.

If Violator is a Juridical Person or Public Official or Foreign National

If the person violating any provision of this Act is a juridical person, the penalty
shall be imposed on its president, secretary, and/or members of the board of
directors or any of its officers and employees who may have directly participated in
the violation.

Any public official or employee who directly commits the unlawful acts defined in

this Act or is guilty of gross negligence of duty or connives with or permits the
commission of any of the said unlawful acts shall, in addition to the penalty stated
above, be dismissed from the service, and his/her benefits forfeited and shall be
permanently disqualified from holding public office.

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

Is carnapping bailable?

The right to bail can be availed of provided the evidence of guilt is not strong. Bail
shall be denied when the evidence of guilt is strong in the following instances:

1. when charged with carnapping;

2. when the crime of carnapping is committed by criminal groups, gangs or
syndicates
3. when carnapping is committed by means of violence or intimidation of any
person or persons or forced upon things
4. when the owner, driver, passenger or occupant of the carnapped vehicle is
killed or raped in the course of the carnapping.

Special Provision on Reward who reports carnapping

Any person who voluntarily gives information leading to the recovery of carnapped
vehicles and for the apprehension of the persons charged with carnapping shall be
given monetary reward as the PNP may determine. Any information given by
informers shall be treated as confidential matter.
 58

Presidential Decree no. 1613 Amending the Law on Arson March 7, 1979

WHEREAS, findings of the police and intelligence agencies of the government

reveal that fires and other crimes involving destruction in Metro Manila and other
urban centers in the country are being perpetrated by criminal syndicates, some of
which have foreign connections;

WHEREAS, the current law on arson suffers from certain inadequacies that impede
the successful enforcement and prosecution of arsonists;

WHEREAS, it is imperative that the high incidence of fires and other crimes
involving destruction be prevented to protect the national economy and preserve the
social, economic and political stability of the country;

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
as part of the law of the land, the following:

Section 1. Arson. Any person who burns or sets fire to the property of another shall
be punished by Prision Mayor.(6 months to 1 day to 6 years).

The same penalty shall be imposed when a person sets fire to his own property
under circumstances which expose to danger the life or property of another.

Section 2. Destructive Arson. The penalty of Reclusion Temporal in its maximum

period to Reclusion Perpetua shall be imposed if the property burned is any of the
following:

1. Any ammunition factory and other establishment where explosives, inflammable

or combustible materials are stored.

2. Any archive, museum, whether public or private, or any edifice devoted to culture,
education or social services.

3. Any church or place of worship or other building where people usually assemble.

4. Any train, airplane or any aircraft, vessel or watercraft, or conveyance for

transportation of persons or property

4. Any building where evidence is kept for use in any legislative, judicial,
administrative or other official proceedings.

5. Any hospital, hotel, dormitory, lodging house, housing tenement, shopping

center, public or private market, theater or movie house or any similar place or
building.

6. Any building, whether used as a dwelling or not, situated in a populated or

congested area.
 59

Section 3. Other Cases of Arson. The penalty of Reclusion Temporal to Reclusion

Perpetua shall be imposed if the property burned is any of the following:

1. Any building used as offices of the government or any of its agencies;

2. Any inhabited house or dwelling;

3. Any industrial establishment, shipyard, oil well or mine shaft, platform or tunnel;

4. Any plantation, farm, pastureland, growing crop, grain field, orchard, bamboo
grove or forest;

4. Any rice mill, sugar mill, cane mill or mill central; and

5. Any railway or bus station, airport, wharf or warehouse.

Section 4. Special Aggravating Circumstances in Arson. The penalty in any case of

arson shall be imposed in its maximum period;

1. If committed with intent to gain;

2. If committed for the benefit of another;

3. If the offender is motivated by spite or hatred towards the owner or occupant of

the property burned;

4. If committed by a syndicate.

The offense is committed by a syndicate if its is planned or carried out by a group of

three (3) or more persons.

Section 5. Where Death Results from Arson. If by reason of or on the occasion of

the arson death results, the penalty of Reclusion Perpetua to death shall be
imposed.

Section 6. Prima Facie evidence of Arson. Any of the following circumstances shall

constitute prima facie evidence of arson:

1. If the fire started simultaneously in more than one part of the building or
establishment.

2. If substantial amount of flammable substances or materials are stored within the

building note necessary in the business of the offender nor for household us.

3. If gasoline, kerosene, petroleum or other flammable or combustible substances

or materials soaked therewith or containers thereof, or any mechanical, electrical,
chemical, or electronic contrivance designed to start a fire, or ashes or traces of any
of the foregoing are found in the ruins or premises of the burned building or
property.
 60

4. If the building or property is insured for substantially more than its actual value at
the time of the issuance of the policy.

4. If during the lifetime of the corresponding fire insurance policy more than two fires
have occurred in the same or other premises owned or under the control of the
offender and/or insured.

5. If shortly before the fire, a substantial portion of the effects insured and stored in
a building or property had been withdrawn from the premises except in the ordinary
course of business.

6. If a demand for money or other valuable consideration was made before the fire
in exchange for the desistance of the offender or for the safety of the person or
property of the victim.

Section 7. Conspiracy to commit Arson. Conspiracy to commit arson shall be

punished by Prision Mayor in its minimum period.

Section 8. Confiscation of Object of Arson. The building which is the object of arson

including the land on which it is situated shall be confiscated and escheated to the
State, unless the owner thereof can prove that he has no participation in nor
knowledge of such arson despite the exercise of due diligence on his part.

Section 9. Repealing Clause. The provisions of Articles 320 to 326-B of the

Revised Penal Code and all laws, executive orders, rules and regulations, or parts
thereof, inconsistent with the provisions of this Decree are hereby repealed or
amended accordingly.

Section 10. Effectivity. This Decree shall take effect immediately upon publication

thereof at least once in a newspaper of general circulation.

Done in the City of Manila, this 7th day of March, in the year of Our Lord, nineteen
hundred and seventy-nine.

Crimes Against Personal Liberty and Security

Article 267 of RPC. Kidnapping and Serious illegal detention.

Any private individual who shall kidnap or detain another, or in any other manner
deprive him of his liberty, shall suffer the penalty of reclusion perpetua to death:

1. If the kidnapping or detention shall have lasted more than five days.

2. If it shall have been committed simulating public authority.

3. If any serious physical injuries shall have been inflicted upon the person
kidnapped or detained; or if threats to kill him shall have been made.

4. If the person kidnapped or detained shall be a minor, female or a public officer.

 61

The penalty shall be death where the kidnapping or detention was committed for the
purpose of extorting ransom from the victim or any other person, even if none of the
circumstances above-mentioned were present in the commission of the offense.

Article 268 of RPC. Slight illegal detention.

The penalty of reclusion temporal shall be imposed upon any private individual who
shall commit the crimes described in the next preceding article without the
attendance of any of circumstances enumerated therein.

The same penalty shall be incurred by anyone who shall furnish the place for the
perpetration of the crime.

If the offender shall voluntarily release the person so kidnapped or detained within
three days from the commencement of the detention, without having attained the
purpose intended, and before the institution of criminal proceedings against him, the
penalty shall be prision mayor (6 months of 6 years) in its minimum and medium
periods and a fine not exceeding seven hundred pesos.
 62

REVIEW QUESTIONS: CHAPTER FOUR

Name:
Section: Date:
Rating: Professor

Chapter Activity

Instruction: Draft or write your own Affidavit by following the different formats in the
discussions.

1. Juan, Pedro, and Jose devised and conspired to kill Damian. However, they were
not able to do it and, instead, just let it go. Are they liable for any crime?
a. Yes, because Juan, Pedro, and Jose’s mind are criminal and they should
be punished.
b. No, conspiracy and proposal to commit homicide are not punishable.
c. Yes, because they have a criminal propensity to kill.
d. Yes, but only conspiracy to commit homicide.

2. When the offender commits any of the crimes against persons, employing
means, methods, or forms in the execution thereof which tend directly and
especially to insure its execution thereof which tend directly and specially to insure
its execution, without risk to himself arising from the defense which the offended
party might make is an aggravating circumstance of ___________________.
a. Evident premeditation c. Abuse of superior strength
b. Treachery d. Crime committed during nighttime

3. X and Y are living together as husband and wife without the benefit of marriage.
They have a son Z. X, the father, killed Y and Z. What is the crime committed by X
against Y?
a. Parricide c. Homicide
b. Infanticide d. Murder

4. In the same problem above and as against Z, the son, what is the crime
committed by X?
a. Parricide c. Homicide
b. Infanticide d. Murder
5. Z is less than 3 days old when he was killed by X, his neighbor, what crime is
committed by the father?
a. Parricide c. Homicide
b. Infanticide d. Murder

6. X pointed a knife at Y and divested him of his cell phone and wallet. X turned and
ran whereupon Y chased him so X stabbed and killed Y. What is the crime
committed by X?
a. Robbery with homicide c. Robbery and homicide
 63

b. Robbery d. Robbery with murder

7. X is a campus personality in SLSU because of his good look. Envious with X’s
looks, Y threw acid on the face of X. Because of what Y did, X face was disfigured
and deformed. However, because of plastic surgery, X becomes more handsome
and good looking than before the injury. What crime was committed?
a. Serious Physical Injuries c. Mutilation
b. Less Serious Physical Injuries d. Frustrated Murder

A pretty woman was forcibly taken by X and transported from one place to another.

Questions:

8. Suppose the intention of X of taking the woman is to rape her and along the way,
X started kissing and touching the woman, what is the crime committed?
a. Forcible Abduction c. Attempted Rape
b. Acts of lasciviousness d. Kidnapping

9. Suppose after reaching the destination, the woman was raped by X, what is the
crime committed?
a. Forcible Abduction c. Rape
b. Forcible Abduction with Rape d. Kidnapping

10. Suppose the intention of X is merely to demand ransom, what is the crime
committed?
a. Forcible Abduction c. Grave Coercion
b. Kidnapping d. Grave Threats

11. Suppose the intention of X is merely to kidnap the woman and demand ransom
with the family of the woman but later, she was raped by X, what is the crime
committed?
a. Forcible Abduction with Rape c. Kidnapping with rape
b. Grave Coercion with rape d. Grave Threats with rape

12. Suppose the intention of X is merely to kidnap the woman and demand ransom
but was raped later and killed by X because the parents did not have the money,
what is the crime committed by X?
a. Forcible Abduction with Homicide c. Kidnapping with Homicide
b. Grave Coercion with Homicide d. Grave Threats with Homicide

13. Tanggol, with evident premeditation and treachery killed his father.
What was the crime committed?
A. Murder C. Parricide
B. Homicide D. Qualified Homicide

14. Police Corporal Dimagiba entered the dwelling of Rendon against the latter’s will
on suspicion that Rendon keep unlicensed firearms in his home. What was the
crime committed by Police Corporal Dimagiba?
a. Trespass to Dwelling c. Violation of Domicile
b. Usurpation of Authority d. Forcible Trespassing
 64

15. The Anti-Bouncing Checks Law

a. RA 6425 c. RA 8353
b. BP. 22 d. RA 6972
16. The taking of another person’s personal property, with intent to gain, by means
of force and intimidation upon person and upon things.
a. Qualified Theft c. Robbery
b. Theft d. Malicious Mischief

17. Felony committed when a person compels another by means of force, violence
or intimidation to do something against his will, whether right or wrong.
a. Grave Threat c. Grave Coercion
b. Direct Assault d. Slander by Deed

18. The unauthorized act of a public officer who compels another person to change
his residence.
a. Violation of Domicile c. Arbitrary Detention
b. Expulsion d. Direct Assault

19. The deprivation of a private person of the liberty of another person without legal
grounds.
a. Illegal Detention c. Arbitrary Detention
b. Forcible Abduction d. Forcible Detention

20. Felony committed when a person compels another by means of force, violence
or intimidation to do something against his will, whether right or wrong.
a. Grave Threat c. Grave Coercion
b. Direct Assault d. Slander by Deed
 65

CHAPTER FIVE

AFFIDAVIT, AFFIDAVIT OF ARREST, DEPOSITION, COMPLAINT AFFIDAVIT,

AFFIDAVIT OF WITNESS/ES

Learning Objectives

At the end of this course, the practitioners and students will be able to:

1. Define the technical and legal definition of Affidavit;

2. Familiarize the different forms of Affidavit; and

3. Practice and draft the different forms of Affidavit.

What is an Affidavit?

An Affidavit is a formal written statement of facts voluntarily made by an affiant under an

oath or a public official such as the notary public or a person authorized to do so. It will be
used to prove the truthfulness of a certain statement in court.

It is either the personal knowledge of the affiant or his/her information and belief or although
not based on their personal perspective, the affiant states only what he/she feels they can
state as true.

It is a sworn statement a person makes before a notary or officer of the court outside of the
court asserting that certain facts are true to the best of that person's knowledge. Affidavits
by both plaintiff/prosecution and defense witnesses are usually collected in preparation for
a trial.

Affidavit of Arrest - is generally filled out by the arresting officer and states the facts and
circumstances surrounding an arrest.

Deposition - is a witness's sworn out-of-court testimony. It is used to gather information

as part of the discovery process and, in limited circumstances, may be used at trial. The
witness being deposed is called the "deponent."

Complaint Affidavit - is a sworn statement prepared by someone who wishes to file a legal
complaint.

Affidavit of Witness/es - An affidavit is a written statement made under oath by a witness
or party to a complaint.

Report Writing –  is creating an account or statement that describes in detail an event,

situation or occurrence,  is a formal style of presenting objective facts and information.

Initial Report - means those activities conducted by Department child

protection staff to determine whether a report of suspected child abuse or neglect is a good
faith indication of abuse or neglect and, therefore, requires a formal investigation.
 66

The incident report also called accident investigation - is a structured process used to
report, track, and find the cause of incidents, involving a formal strategy to investigate the
incident, document the investigation, track progress, and analyze investigation data to
identify and control for repeat incidents

Sketchy report - Is like Spot Report but not detailed or complete. sketchy
details/information/reports. Not finished and is incomplete.

Spot Report - it refers to an immediate initial investigative or incident report addressed to

higher to the commission of the crime, occurrence of the natural or man-made disaster or
unusual incidents involving loss of lives and damages of properties.
Progress Report - An accounting of the actions or series of actions undertaken in relation
to an ongoing investigation of a case. It includes updates and or recently discovered facts,
data, and evidence recovered results of forensic examinations which would shed further
light on the case and determine the next courses of action to be taken.

Special Report - are done either because one feels he has some reporting to do or a lower
police unit or office is obligated based on the directives or instruction from the higher police
offices.

Final Report - It is a thorough, in-depth and lengthy account regarding an investigation

into an incident or case as mandated by higher authorities to establish a determination of
the truth and or how far it could be determined based on the facts and circumstances with
appropriate recommendation for the proper course/s of action/s to be made.

Investigation Report - is complete when it answers the six interrogatives of police report
writing- the 5W’s and 1H. it also provides brief, the sworn statements executed by the
individuals having an interest in the case being investigated.

Flash alarm - is an account relative to the commission of a crime or incident filed by a

complaining witness or victim to the Police citing the date, time, place, possible motive of
the commission/occurrence, how it was perpetrated and other details relative to incident.

Investigators’ notes-Recording Note - The data of the investigation should be recorded in

a complete, accurate and legible fashion so that in the event another investigator is
required to assume responsibility for the investigation, he can make intelligent use of the
notebook

Synopsis - Provide a brief summary of the investigation in a narrative format. Identify

the subject(s) in the case; include the identity of the regulated product. The expected length
of the synopsis is 2-5 sentences per subject or alleged violation.
 67

Sample of Affidavit of Arresting Officers

Republic of the Philippines )

____________, ________ ) s.s.
x- - - - - - - - - - - - - - - - - - - - - -x

JOINT AFFIDAVIT OF ARREST

We, the UNDERSIGNED Police Officers, both members of the Philippine

National Police, presently assigned at the __________________________, _________,
_____________, do hereby depose and state THAT:

01. We are among the members of the ___________________________________ who

conducted entrapment operations at _______________________ located along
________________________________, _______________;

02. Said operation stemmed from the complaint of _____________ for violation of
______________________________________ which was referred to our office by the
______________________________ against _____________________, (age), (civil
status), (nationality) and residing at No. __________________________,
__________________;

03. On the complaint dated _______________, (state the act and the crime
committed).

04. Upon receipt of their said complaint, our office planned out an entrapment
operation against the suspect. At about ______________ of ______________, the
undersigned together with the complainant proceeded at the pre-arranged pay off
_________________________ located along ____________________________,
__________ to give the money being asked by the respondent;

05. Upon arrival thereat, complainants waited for the suspect to arrive while we the
undersigned seated near the table of the complainants. At about ________, suspect arrived
and approached the complainants and after few conversation, complainants handed over
the marked money to the suspect that minutes of prompted the undersigned to immediately
effect arrest;
06. Seized and recovered in the possession and control of the arrested person were
the following, to wit:

a.) Marked Money, (state the denomination and serial numbers);

b.) (Name of documents promised);

c.) (type of CP and SIM Card); and

d.) Other evidence confiscated;

07. Suspect together with the seized and recovered evidence was brought to the
___________________________________, ____________, ___________ for booking
 68

and proper disposition. Likewise, the arrested person was apprised of their rights as
provided for under the Constitution of the Philippines.

08. The report of the PNP Crime Laboratory Group Physical Identification Report
No. ___________ dated __________, revealed that suspect ______________________
was POSITIVE for the presence of Bright Yellow Ultraviolet Fluorescent powder on both
palm and right dorsal portion of the hands.

We executed this joint affidavit to attest the truthfulness of the foregoing facts and to
support the filing of Criminal Cases against _______________________________ for
violations of ________________________.

AFFIANTS SAYETH NAUGHT.

IN WITNESS WHEREOF, we hereunto affixed our signature this ___day of ____________

at ____________, _______________.

_______________________________ ____________________________
Affiant Affiant

SUBSCRIBED AND SWORN to before me this ___ day of _______ at _______________. I

HEREBY CERTIFY that I have personally examined the herein affiants and I am satisfied
that they voluntarily executed and understood their given affidavit.

_____________________
Administering Officer
 69

Sample of Deposition of Witness

Republic of the Philippines

REGIONAL TRIAL COURT
__________________________________
Branch ___________, Quezon City

PEOPLE OF THE PHILIPPINES SEARCH WARRANT NO.____

Plaintiff

-versus- For

_________________________ _________________________
Respondent
x------------------------------------------x

DEPOSITION OF WITNESSES

We, _______________________________ after having been duly sworn to testifies, as follow:

Q- What is your name and other personal circumstance?

A- We are_______________ and _________________ both of legal ages, and (civil status) and
presently assigned with the _________________;

Q- Do you know ____________________, the applicant for Search Warrant?

A-

Q- Do you know the premises of _____________________________,

A-

Q- Do you have personal knowledge that in said premises the following properties are being
kept, being used or intended to be used without proper documents, to wit: _______________
A-

Q- Do you know who is or who is the person or persons who have or have control of him above-
described properties?
A-

Q. How did you know that the said properties are kept in his/her premises which are subject of
the offense?
A- We conducted discreet surveillance and it was confirmed that ________________ is keeping
___________________ in his/her premises/ residence.

__________________________ __________________________
Affiant Affiant

SUBSCRIBED AND SWORN to before me this ___________ day of _______________ 1999 at

________________________.

_________________________
Judge
 70

Sample of Complaint

Republic of the Philippines

Metropolitan Trial Court
____________

People of the Philippines Criminal Case No.

vs

Accused
x--------------------------------x

COMPLAINT

The undersigned, Chief of Police of ___________________, accuses

_______________In the municipality of ____________________, province of
_____________________________,Philippines, the said accused did then and
there, willfully, unlawfully, and feloniously, with malice and aforethought, attacked
_______________________ with ________, wounding the latter in the
_______________, producing wounds which are necessarily fatal, thereby causing
the immediate death of said _____________________________.

Contrary to law.

____________, __________________________, 20___.

____________________________
Chief of Police of ______________

SUBSCRIBED AND SWORN before me this _____________th day of

____________ 20___________ in the province of ________________________.

________________________
JUDGE
 71

Sample of Affidavit of Witness

Republic of the Philippines )

____________, ________ ) s.s.
x- - - - - - - - - - - - - - - - - - - - - -x

AFFIDAVIT OF WITNESS

I, ________________________, age, civil status, resident of

__________________________, _________, after having sworn in accordance with law,
do hereby depose and state THAT:

01. I was present and personally saw that accused, __________, committed the
crime of ___________________________ against the victim _______________;

02. (State other circumstances and the relation either to the victim or accused or
both);

03. (State the details of the acts committed by the accused against the victim.

04. (State the acts done by the witness and the reason thereof);

I executed this affidavit to attest the truthfulness of the foregoing facts and to
support the filing of Criminal Cases against _______________________________ for
violations of ________________________.

AFFIANTS SAYETH NAUGHT.

IN WITNESS WHEREOF, I hereunto affixed my signature this ___day of

____________ at ____________, _______________.

_______________________________
Affiant

SUBSCRIBED AND SWORN to before me this ___ day of _______ at

_______________. I HEREBY CERTIFY that I have personally examined the herein
affiants and I am satisfied that they voluntarily executed and understood their given
affidavit.

_____________________
Notary Public
 72

REVIEW QUESTIONS: CHAPTER FIVE

Name:
Section: Date:
Rating: Professor

Chapter Activity

Instruction: Draft or write your own Affidavit by following the different format in the
discussions.

1. Affidavit of Arresting Officers,

2. Deposition of Witness,

3. Complaint, and

4. Affidavit of Witness.
 73

APPENDICES

Presidential Decree No. 1602. Prescribing Stiffer Penalties On Illegal

Gambling.

WHEREAS, Philippine Gambling Laws such as Articles 195-199 of the Revised

Penal Code (Forms of Gambling and Betting), R.A. 3063 (Horse racing Bookies),
P.D. 449 (Cockfighting), P.D. 483 (Game Fixing), P.D. 510 (Slot Machines) in
relation to Opinion Nos. 33 and 97 of the Ministry of Justice, P.D. 1306 (Jai-Alai
Bookies) and other City and Municipal Ordinances or gambling all over the country
prescribe penalties which are inadequate to discourage or stamp out this pernicious
activities;

WHEREAS, there is now a need to increase their penalties to make them more
effective in combating this social menace which dissipate the energy and resources
of our people;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of the

Philippines, by virtue of the powers vested in me by the Constitution, do hereby
order and decree:

Section 1. Penalties. The following penalties are hereby imposed:

(a) The penalty of prison correccional in its medium period of a fine ranging from
one thousand to six thousand pesos, and in case of recidivism, the penalty of
prision mayor in its medium period or a fine ranging from five thousand to ten
thousand pesos shall be imposed upon:

1. Any person other than those referred to in the succeeding sub-sections who in
any manner, shall directly or indirectly take part in any illegal or unauthorized
activities or games of cockfighting, jueteng, jai alai or horse racing to include bookie
operations and game fixing, numbers, bingo and other forms of lotteries; cara y
cruz, pompiang and the like; 7-11 and any game using dice; black jack, lucky nine,
poker and its derivatives, monte, baccarat, cuajao, pangguingue and other card
games; paik que, high and low, mahjong, domino and other games using plastic
tiles and the likes; slot machines, roulette, pinball and other mechanical
contraptions and devices; dog racing, boat racing, car racing and other forms of
races, basketball, boxing, volleyball, bowling, pingpong and other forms of individual
or team contests to include game fixing, point shaving and other machinations;
banking or percentage game, or any other game scheme, whether upon chance or
skill, wherein wagers consisting of money, articles of value or representative of
value are at stake or made;

2. Any person who shall knowingly permit any form of gambling referred to in the
preceding subparagraph to be carried on in inhabited or uninhabited place or in any
 74

building, vessel or other means of transportation owned or controlled by him. If the

place where gambling is carried on has a reputation of a gambling place or that
prohibited gambling is frequently carried on therein, or the place is a public or
government building or barangay hall, the malfactor shall be punished by prision
correccional in its maximum period and a fine of six thousand pesos.

(b) The penalty of prision correccional in its maximum period or a fine of six
thousand pesos shall be imposed upon the maintainer or conductor of the above
gambling schemes.

(c) The penalty of prision mayor in its medium period with temporary absolute
disqualification or a fine of six thousand pesos shall be imposed if the maintainer,
conductor or banker of said gambling schemes is a government official, or where
such government official is the player, promoter, referee, umpire, judge or coach in
case of game fixing, point shaving and machination.

(d) The penalty of prision correccional in its medium period or a fine ranging from
four hundred to two thousand pesos shall be imposed upon any person who shall,
knowingly and without lawful purpose in any hour of any day, possess any lottery
list, paper or other matter containing letters, figures, signs or symbols pertaining to
or in any manner used in the games of jueteng, jai-alai or horse racing bookies, and
similar games of lotteries and numbers which have taken place or about to take
place.

(e) The penalty of temporary absolute disqualifications shall be imposed upon any
barangay official who, with knowledge of the existence of a gambling house or place
in his jurisdiction fails to abate the same or take action in connection therewith.

(f) The penalty of prision correccional in its maximum period or a fine ranging from
five hundred pesos to two thousand pesos shall be imposed upon any security
officer, security guard, watchman, private or house detective of hotels, villages,
buildings, enclosures and the like which have the reputation of a gambling place or
where gambling activities are being held.

Section 2. Informer’s reward. Any person who shall disclose information that will
lead to the arrest and final conviction of the malfactor shall be rewarded twenty
percent of the cash money or articles of value confiscated or forfeited in favor of the
government.

Section 3. Repealing Clause. Provisions of Art. 195-199 of the Revised Penal

Code, as amended, Republic Act No. 3063, Presidential Decrees Numbered 483,
449, 510 and 1306, letters of instructions, laws, executive orders, rules and
regulations, city and municipal ordinances which are inconsistent with this Decree
are hereby repealed.

Section 4. Effectivity. This Decree shall take effect immediately upon publication at

least once in a newspaper of general circulation.

Done in the City of Manila, this 11th day of June, in the year of Our Lord, nineteen
hundred and seventy-eight.
 75

Republic Act No. 9287            

An Act Increasing The Penalties For Illegal Numbers Games, Amending

Certain Provisions Of Presidential Decree No. 1602, And For Other Purposes

Section 1. Declaration of Policy. - It is the policy of the State to promote a just and
dynamic social order that will ensure the prosperity and independence of the nation
and free the people from poverty through policies that provide adequate social
services, promote full employment, a rising standard of living, and an improved
quality of life for all. It is likewise the policy of the State that the promotion of social
justice shall include the commitment to create economic opportunities based on
freedom of initiative and self-reliance.

Hence, the State hereby condemns the existence of illegal gambling activities such
as illegal numbers games as this has become an influential factor in an individual's
disregard for the value of dignified work, perseverance and thrift since instant
monetary gains from it are being equated to success, thereby becoming a
widespread social menace and a source of corruption.

Towards this end, the State shall therefore adopt more stringent measures to stop
and eradicate the existence of illegal numbers games in any part of the country.

Sec. 2. Definition of Terms. - As used in this Act, the following terms shall mean:

a) Illegal Numbers Game. - Any form illegal gambling activity which uses numbers
or combinations thereof as factors in giving out jackpots.

b) Jueteng. - An illegal numbers game that involves the combination of thirty-seven

(37) numbers against thirty-seven (37) numbers from number one (1) to thirty seven
(37) or the combination of thirty-eight (38) numbers in some areas, serving as a
form of local lottery where bets are placed and accepted per combination, and its
variants.

c) Masiao. - An illegal numbers game where the winning combination is derived

from the results of the last game of Jai Alai or the Special Llave portion or any result
thereof based on any fictitious Jai Alai game consisting of ten (10) players pitted
against one another, and its variants.

d) Last Two. - An illegal numbers game where the winning combination is derived
from the last two (2) numbers of the first prize of the winning Sweepstakes ticket
which comes out during the weekly draw of the Philippine Charity Sweepstakes
Office (PCSO), and its variants.

e) Bettor ("Mananaya", "Tayador" or variants thereof). - Any person who places bets
for himself/herself or in behalf of another person, or any person, other than the
personnel or staff of any illegal numbers game operation.
 76

f) Personnel or Staff of Illegal Numbers Game Operation. - Any person, who acts in
the interest of the maintainer, manager or operator, such as, but not limited to, an
accountant, cashier, checker, guard, runner, table manager, usher, watcher, or any
other personnel performing such similar functions in a building structure, vessel,
vehicle, or any other place where an illegal numbers game is operated or
conducted.

g) Collector or Agent ("Cabo", "Cobrador", "Coriador" or variants thereof). - Any

person who collects, solicits or produces bets in behalf of his/her principal for any
illegal numbers game who is usually in possession of gambling paraphernalia.

h) Coordinator, Controller or Supervisor ("Encargado" or variants thereof). - Any

person who exercises control and supervision over the collector or agent.

i) Maintainer, Manager or Operator. - Any person who maintains, manages or

operates any illegal number game in a specific area from whom the coordinator,
controller or supervisor, and collector or agent take orders.

j) Financiers or Capitalist. - Any person who finances the operations of any illegal
numbers game.

k) Protector or Coddler. - Any person who lends or provides protection, or receives

benefits in any manner in the operation of any illegal numbers game.

Sec. 3. Punishable Acts. - Any person who participates in any illegal numbers game
shall suffer the following penalties:

a) The penalty of imprisonment from thirty (30) days to ninety (90) days, if such
person acts as a bettor;

b) The penalty of imprisonment from six (6) years and one (1) day to eight (8) years,
if such person acts as a personnel or staff of an illegal numbers game operation;

The same penalty shall likewise be imposed to any person who allows his vehicle,
house, building or land to be used in the operation of the illegal numbers games.

c) The penalty of imprisonment from eight (8) years and one (1) day to ten (10)
years, if such person acts as a collector or agent;

d) The penalty of imprisonment from ten (10) years and one (1) day to twelve (12)
years, if such person acts as a coordinator, controller or supervisor;

e) The penalty of imprisonment from twelve (12) years and one (1) day to ten (10)
fourteen (14) years, if such person acts as a maintainer, manager or operator; and

f) The penalty of imprisonment from fourteen (14) years and one (1) day to sixteen
(16) years, if such person acts as a financier or capitalist;

g) The penalty of imprisonment from sixteen (16) years and one (1) day to twenty
(20) years, if such person acts as protector or coddler.
 77

Sec. 4. Possession of Gambling Paraphernalia or Materials. - The possession of

any gambling paraphernalia and other materials used in the illegal numbers game
operation shall be deemed prima facie evidence of any offense covered by this Act.

Sec. 5. Liability of Government Employees and/or Public Officials. - a) If the

collector, agent, coordinator, controller, supervisor, maintainer, manager, operator,
financier or capitalist of any illegal numbers game is a government employee and/or
public official, whether elected or appointed shall suffer the penalty of twelve (12)
years and one (1) day to twenty (20) years and a fine ranging from Three million
pesos (P3,000,000.00) to Five million pesos (P5,000,000.00) and perpetual
absolute disqualification from public office.

In addition to the penalty provided in the immediately preceding section, the

accessory penalty of perpetual disqualification from public office shall be imposed
upon any local government official who, having knowledge of the existence of the
operation of any illegal numbers game in his/her jurisdiction, fails to abate or to take
action, or tolerates the same in connection therewith.

b) In the case of failure to apprehend perpetrators of any illegal numbers game, any
law enforcer shall suffer an administrative penalty of suspension or dismissal, as the
case may be, to be imposed by the appropriate authority.

Sec. 6. Liability of Parents/Guardians. - The penalty of imprisonment from six (6)

months and one (1) day to one (1) year or fine ranging from One hundred thousand
pesos (P100,000.00) to Four hundred thousand pesos (P400,000.00) shall be
imposed upon any parent, guardian or person exercising moral authority or
ascendancy over a minor, ward or incapacitated person, and not otherwise falling
under any of the foregoing subsections, who induces or causes such minor, ward or
incapacitated person to commit any of the offenses punishable in this Act. Upon
conviction, the parent, guardian or person exercising moral authority or ascendancy
over the minor, ward or incapacitated person shall be deprived of his/her authority
over such person in addition to the penalty imposed.

Sec. 7. Recidivism. - The penalty next higher in degree as provided for under
Section 3 hereof shall be imposed upon a recidivist who commits any of the
offenses punishable in this Act.

Sec. 8. Immunity from Prosecution. - Any person who serves as a witness for the
government or provides evidence in a criminal case involving any violation of this
Act, or who voluntarily or by virtue of a subpoena testificandum or duces tecum,
produces, identifies, or gives testimony shall be immune from any criminal
prosecution, subject to the compliance with the provisions of Presidential Decree
No. 1732, otherwise known as Decree Providing Immunity from Criminal
Prosecution to Government Witnesses and the pertinent provisions of the Rules of
Court.

Sec. 9. Prosecution, Judgment and Forfeiture of Property. - Any person may be

charged with or convicted of the offenses covered by this Act without prejudice to
the prosecution of any act or acts penalized under the Revised Penal Code or
existing laws.
 78

During the pendency of the case, no property or income used or derived therefrom
which may be confiscated and forfeited shall be disposed, alienated or transferred
and the same shall be in custodia legis and no bond shall be admitted for the
release of the same.

The trial prosecutors shall avail of provisional remedies provided for under the
Revised Rules on Criminal Procedure.

Upon conviction, all proceeds, gambling paraphernalia and other instruments of the
crime including any real or personal property used in any illegal numbers game
operation shall be confiscated and forfeited in favor of the State. All assets and
properties of the accused either owned or held by him/her in his/her name or in the
name of another person found to be manifestly out of proportion to his/her lawful
income shall be prima facie presumed to be proceeds of the offense and shall
likewise be confiscated and forfeited in favor of the State.

Sec. 10. Witness Protection. - Any person who provides material information,

whether testimonial or documentary, necessary for the investigation or prosecution
of individuals committing any of the offenses under Sections 3, 4, 5 and 6 herein
shall be placed under the Witness Protection Program pursuant to Republic Act. No.
6981.

Sec. 11. Informer's Reward. - Any person who, having knowledge or information of

any offense committed under this Act and who shall disclose the same which may
lead to the arrest and final conviction of the offender, may be rewarded a certain
percentage of the cash money or articles of value confiscated or forfeited in favor of
the government, which shall be determined through a policy guideline promulgated
by the Department of Justice (DOJ) in coordination with the Department of Interior
and Local Government (DILG) and the National Police Commission (NAPOLCOM).

The DILG, the NAPOLCOM and the DOJ shall provide for a system of rewards and
incentives for law enforcement officers and for local government official for the
effective implementation of this Act.

Sec. 12. Implementing Rules and Regulations. - Within sixty (60) days from the
effectivity of this Act, the DILG, DOJ, NAPOLCOM, and other concerned
government agencies shall jointly promulgate the implementing rules and
regulations, as may be necessary to ensure the efficient and effective
implementation of the provisions of this Act.

Sec. 13. Separability Clause. - If for any reason any section or provision of this Act,
or any portion thereof, or the application of such section, provision or portion thereof
to any person, group or circumstance is declared invalid or unconstitutional, the
remaining provisions of this Act shall not be affected by such declaration and shall
remain in force and effect.

Sec. 14. Amendatory Clause. - The pertinent provisions of Presidential Decree No.

1602, in so far as they are inconsistent herewith, are hereby expressly amended or
modified accordingly.
 79

Sec. 15. Repealing Clause. - The provisions of other laws, decrees, executive

orders, rules and regulations inconsistent with this Act are hereby repealed,
amended or modified accordingly.

Sec. 16. Effectivity. - This Act shall take effect fifteen (15) days after its publication
in at least two (2) national newspapers of general circulation.

Republic Act No. 9165

An Act Instituting The Comprehensive Dangerous Drugs Act Of 2002,

Repealing Republic Act No. 6425, Otherwise Known As The Dangerous Drugs
Act Of 1972, As Amended, Providing Funds Therefor, And For Other Purposes

Section 1. Short Title. – This Act shall be known and cited as the "Comprehensive
Dangerous Drugs Act of 2002".

Section 2. Declaration of Policy. – It is the policy of the State to safeguard the

integrity of its territory and the well-being of its citizenry particularly the youth, from
the harmful effects of dangerous drugs on their physical and mental well-being, and
to defend the same against acts or omissions detrimental to their development and
preservation. In view of the foregoing, the State needs to enhance further the
efficacy of the law against dangerous drugs, it being one of today's more serious
social ills.

Toward this end, the government shall pursue an intensive and unrelenting
campaign against the trafficking and use of dangerous drugs and other similar
substances through an integrated system of planning, implementation and
enforcement of anti-drug abuse policies, programs, and projects. The government
shall however aim to achieve a balance in the national drug control program so that
people with legitimate medical needs are not prevented from being treated with
adequate amounts of appropriate medications, which include the use of dangerous
drugs.

It is further declared the policy of the State to provide effective mechanisms or

measures to re-integrate into society individuals who have fallen victims to drug
abuse or dangerous drug dependence through sustainable programs of treatment
and rehabilitation.

ARTICLE I

Definition of terms

Section 3. Definitions. As used in this Act, the following terms shall mean:

(a) Administer. – Any act of introducing any dangerous drug into the body of any
person, with or without his/her knowledge, by injection, inhalation, ingestion or other
means, or of committing any act of indispensable assistance to a person in
administering a dangerous drug to himself/herself unless administered by a duly
licensed practitioner for purposes of medication.
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(b) Board. - Refers to the Dangerous Drugs Board under Section 77, Article IX of
this Act.

(c) Centers. - Any of the treatment and rehabilitation centers for drug dependents
referred to in Section 34, Article VIII of this Act.

(d) Chemical Diversion. – The sale, distribution, supply or transport of legitimately

imported, in-transit, manufactured or procured controlled precursors and essential
chemicals, in diluted, mixtures or in concentrated form, to any person or entity
engaged in the manufacture of any dangerous drug, and shall include packaging,
repackaging, labeling, relabeling or concealment of such transaction through fraud,
destruction of documents, fraudulent use of permits, misdeclaration, use of front
companies or mail fraud.

(e) Clandestine Laboratory. – Any facility used for the illegal manufacture of any
dangerous drug and/or controlled precursor and essential chemical.

(f) Confirmatory Test. – An analytical test using a device, tool or equipment with a
different chemical or physical principle that is more specific which will validate and
confirm the result of the screening test.

(g) Controlled Delivery. – The investigative technique of allowing an unlawful or

suspect consignment of any dangerous drug and/or controlled precursor and
essential chemical, equipment or paraphernalia, or property believed to be derived
directly or indirectly from any offense, to pass into, through or out of the country
under the supervision of an authorized officer, with a view to gathering evidence to
identify any person involved in any dangerous drugs related offense, or to facilitate
prosecution of that offense.

(h) Controlled Precursors and Essential Chemicals. – Include those listed in Tables
I and II of the 1988 UN Convention Against Illicit Traffic in Narcotic Drugs and
Psychotropic Substances as enumerated in the attached annex, which is an integral
part of this Act.

(i) Cultivate or Culture. – Any act of knowingly planting, growing, raising, or

permitting the planting, growing or raising of any plant which is the source of a
dangerous drug.

(j) Dangerous Drugs. – Include those listed in the Schedules annexed to the 1961
Single Convention on Narcotic Drugs, as amended by the 1972 Protocol, and in the
Schedules annexed to the 1971 Single Convention on Psychotropic Substances as
enumerated in the attached annex which is an integral part of this Act.

(k) Deliver. – Any act of knowingly passing a dangerous drug to another, personally
or otherwise, and by any means, with or without consideration.

(l) Den, Dive or Resort. – A place where any dangerous drug and/or controlled
precursor and essential chemical is administered, delivered, stored for illegal
purposes, distributed, sold or used in any form.
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(m) Dispense. – Any act of giving away, selling or distributing medicine or any
dangerous drug with or without the use of prescription.

(n) Drug Dependence. – As based on the World Health Organization definition, it is

a cluster of physiological, behavioral and cognitive phenomena of variable intensity,
in which the use of psychoactive drug takes on a high priority thereby involving,
among others, a strong desire or a sense of compulsion to take the substance and
the difficulties in controlling substance-taking behavior in terms of its onset,
termination, or levels of use.

(o) Drug Syndicate. – Any organized group of two (2) or more persons forming or
joining together with the intention of committing any offense prescribed under this
Act.

(p) Employee of Den, Dive or Resort. – The caretaker, helper, watchman, lookout,
and other persons working in the den, dive or resort, employed by the maintainer,
owner and/or operator where any dangerous drug and/or controlled precursor and
essential chemical is administered, delivered, distributed, sold or used, with or
without compensation, in connection with the operation thereof.

(q) Financier. – Any person who pays for, raises or supplies money for, or
underwrites any of the illegal activities prescribed under this Act.

(r) Illegal Trafficking. – The illegal cultivation, culture, delivery, administration,

dispensation, manufacture, sale, trading, transportation, distribution, importation,
exportation and possession of any dangerous drug and/or controlled precursor and
essential chemical.

(s) Instrument. – Any thing that is used in or intended to be used in any manner in
the commission of illegal drug trafficking or related offenses.

(t) Laboratory Equipment. – The paraphernalia, apparatus, materials or appliances

when used, intended for use or designed for use in the manufacture of any
dangerous drug and/or controlled precursor and essential chemical, such as
reaction vessel, preparative/purifying equipment, fermentors, separatory funnel,
flask, heating mantle, gas generator, or their substitute.

(u) Manufacture. – The production, preparation, compounding or processing of any

dangerous drug and/or controlled precursor and essential chemical, either directly
or indirectly or by extraction from substances of natural origin, or independently by
means of chemical synthesis or by a combination of extraction and chemical
synthesis, and shall include any packaging or repackaging of such substances,
design or configuration of its form, or labeling or relabeling of its container; except
that such terms do not include the preparation, compounding, packaging or labeling
of a drug or other substances by a duly authorized practitioner as an incident to
his/her administration or dispensation of such drug or substance in the course of
his/her professional practice including research, teaching and chemical analysis of
dangerous drugs or such substances that are not intended for sale or for any other
purpose.
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(v) Cannabis or commonly known as "Marijuana" or "Indian Hemp" or by its any

other name. – Embraces every kind, class, genus, or specie of the plant Cannabis
sativa L. including, but not limited to, Cannabis americana, hashish, bhang, guaza,
churrus and ganjab, and embraces every kind, class and character of marijuana,
whether dried or fresh and flowering, flowering or fruiting tops, or any part or portion
of the plant and seeds thereof, and all its geographic varieties, whether as a reefer,
resin, extract, tincture or in any form whatsoever.

(w) Methylenedioxymethamphetamine (MDMA) or commonly known as "Ecstasy",

or by its any other name. – Refers to the drug having such chemical composition,
including any of its isomers or derivatives in any form.

(x) Methamphetamine Hydrochloride or commonly known as "Shabu", "Ice", "Meth",

or by its any other name. – Refers to the drug having such chemical composition,
including any of its isomers or derivatives in any form.

(y) Opium. – Refers to the coagulated juice of the opium poppy (Papaver
somniferum L.) and embraces every kind, class and character of opium, whether
crude or prepared; the ashes or refuse of the same; narcotic preparations thereof or
therefrom; morphine or any alkaloid of opium; preparations in which opium,
morphine or any alkaloid of opium enters as an ingredient; opium poppy; opium
poppy straw; and leaves or wrappings of opium leaves, whether prepared for use or
not.

(z) Opium Poppy. – Refers to any part of the plant of the species Papaver
somniferum L., Papaver setigerum DC, Papaver orientale, Papaver
bracteatum and Papaver rhoeas, which includes the seeds, straws, branches,
leaves or any part thereof, or substances derived therefrom, even for floral,
decorative and culinary purposes.

(aa) PDEA. – Refers to the Philippine Drug Enforcement Agency under Section 82,
Article IX of this Act.

(bb) Person. – Any entity, natural or juridical, including among others, a corporation,
partnership, trust or estate, joint stock company, association, syndicate, joint
venture or other unincorporated organization or group capable of acquiring rights or
entering into obligations.

(cc) Planting of Evidence. – The willful act by any person of maliciously and
surreptitiously inserting, placing, adding or attaching directly or indirectly, through
any overt or covert act, whatever quantity of any dangerous drug and/or controlled
precursor and essential chemical in the person, house, effects or in the immediate
vicinity of an innocent individual for the purpose of implicating, incriminating or
imputing the commission of any violation of this Act.

(dd) Practitioner. – Any person who is a licensed physician, dentist, chemist,

medical technologist, nurse, midwife, veterinarian or pharmacist in the Philippines.

(ee) Protector/Coddler. – Any person who knowingly and willfully consents to the
unlawful acts provided for in this Act and uses his/her influence, power or position in
 83

shielding, harboring, screening or facilitating the escape of any person he/she

knows, or has reasonable grounds to believe on or suspects, has violated the
provisions of this Act in order to prevent the arrest, prosecution and conviction of
the violator.

(ff) Pusher. – Any person who sells, trades, administers, dispenses, delivers or
gives away to another, on any terms whatsoever, or distributes, dispatches in transit
or transports dangerous drugs or who acts as a broker in any of such transactions,
in violation of this Act.

(gg) School. – Any educational institution, private or public, undertaking educational

operation for pupils/students pursuing certain studies at defined levels, receiving
instructions from teachers, usually located in a building or a group of buildings in a
particular physical or cyber site.

(hh) Screening Test. – A rapid test performed to establish potential/presumptive

positive result.

(ii) Sell. – Any act of giving away any dangerous drug and/or controlled precursor
and essential chemical whether for money or any other consideration.

(jj) Trading. – Transactions involving the illegal trafficking of dangerous drugs and/or
controlled precursors and essential chemicals using electronic devices such as, but
not limited to, text messages, email, mobile or landlines, two-way radios, internet,
instant messengers and chat rooms or acting as a broker in any of such
transactions whether for money or any other consideration in violation of this Act.

(kk) Use. – Any act of injecting, intravenously or intramuscularly, of consuming,

either by chewing, smoking, sniffing, eating, swallowing, drinking or otherwise
introducing into the physiological system of the body, and of the dangerous drugs.

ARTICLE II

Unlawful Acts and Penalties

Section 4. Importation of Dangerous Drugs and/or Controlled Precursors and

Essential Chemicals.- .The penalty of life imprisonment to death and a ranging from
Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00)
shall be imposed upon any person, who, unless authorized by law, shall import or
bring into the Philippines any dangerous drug, regardless of the quantity and purity
involved, including any and all species of opium poppy or any part thereof or
substances derived therefrom even for floral, decorative and culinary purposes.

The penalty of imprisonment ranging from twelve (12) years and one (1) day to
twenty (20) years and a fine ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed
upon any person, who, unless authorized by law, shall import any controlled
precursor and essential chemical.
 84

The maximum penalty provided for under this Section shall be imposed upon any
person, who, unless authorized under this Act, shall import or bring into the
Philippines any dangerous drug and/or controlled precursor and essential chemical
through the use of a diplomatic passport, diplomatic facilities or any other means
involving his/her official status intended to facilitate the unlawful entry of the same.
In addition, the diplomatic passport shall be confiscated and canceled.

The maximum penalty provided for under this Section shall be imposed upon any
person, who organizes, manages or acts as a "financier" of any of the illegal
activities prescribed in this Section.

The penalty of twelve (12) years and one (1) day to twenty (20) years of
imprisonment and a fine ranging from One hundred thousand pesos (P100,000.00)
to Five hundred thousand pesos (P500,000.00) shall be imposed upon any person,
who acts as a "protector/coddler" of any violator of the provisions under this
Section.

Section 5. Sale, Trading, Administration, Dispensation, Delivery, Distribution and

Transportation of Dangerous Drugs and/or Controlled Precursors and Essential
Chemicals. - The penalty of life imprisonment to death and a fine ranging from Five
hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall
be imposed upon any person, who, unless authorized by law, shall sell, trade,
administer, dispense, deliver, give away to another, distribute dispatch in transit or
transport any dangerous drug, including any and all species of opium poppy
regardless of the quantity and purity involved, or shall act as a broker in any of such
transactions.

The penalty of imprisonment ranging from twelve (12) years and one (1) day to
twenty (20) years and a fine ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed
upon any person, who, unless authorized by law, shall sell, trade, administer,
dispense, deliver, give away to another, distribute, dispatch in transit or transport
any controlled precursor and essential chemical, or shall act as a broker in such
transactions.

If the sale, trading, administration, dispensation, delivery, distribution or

transportation of any dangerous drug and/or controlled precursor and essential
chemical transpires within one hundred (100) meters from the school, the maximum
penalty shall be imposed in every case.

For drug pushers who use minors or mentally incapacitated individuals as runners,
couriers and messengers, or in any other capacity directly connected to the
dangerous drugs and/or controlled precursors and essential chemical trade, the
maximum penalty shall be imposed in every case.

If the victim of the offense is a minor or a mentally incapacitated individual, or

should a dangerous drug and/or a controlled precursor and essential chemical
involved in any offense herein provided be the proximate cause of death of a victim
thereof, the maximum penalty provided for under this Section shall be imposed.
 85

The maximum penalty provided for under this Section shall be imposed upon any
person who organizes, manages or acts as a "financier" of any of the illegal
activities prescribed in this Section.

The penalty of twelve (12) years and one (1) day to twenty (20) years of
imprisonment and a fine ranging from One hundred thousand pesos (P100,000.00)
to Five hundred thousand pesos (P500,000.00) shall be imposed upon any person,
who acts as a "protector/coddler" of any violator of the provisions under this
Section.

Section 6. Maintenance of a Den, Dive or Resort. - The penalty of life imprisonment

to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to
Ten million pesos (P10,000,000.00) shall be imposed upon any person or group of
persons who shall maintain a den, dive or resort where any dangerous drug is used
or sold in any form.

The penalty of imprisonment ranging from twelve (12) years and one (1) day to
twenty (20) years and a fine ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed
upon any person or group of persons who shall maintain a den, dive, or resort
where any controlled precursor and essential chemical is used or sold in any form.

The maximum penalty provided for under this Section shall be imposed in every
case where any dangerous drug is administered, delivered or sold to a minor who is
allowed to use the same in such a place.

Should any dangerous drug be the proximate cause of the death of a person using
the same in such den, dive or resort, the penalty of death and a fine ranging from
One million (P1,000,000.00) to Fifteen million pesos (P500,000.00) shall be
imposed on the maintainer, owner and/or operator.

If such den, dive or resort is owned by a third person, the same shall be confiscated
and escheated in favor of the government: Provided, That the criminal complaint
shall specifically allege that such place is intentionally used in the furtherance of the
crime: Provided, further, That the prosecution shall prove such intent on the part of
the owner to use the property for such purpose: Provided, finally, That the owner
shall be included as an accused in the criminal complaint.

The maximum penalty provided for under this Section shall be imposed upon any
person who organizes, manages or acts as a "financier" of any of the illegal
activities prescribed in this Section.

The penalty twelve (12) years and one (1) day to twenty (20) years of imprisonment
and a fine ranging from One hundred thousand pesos (P100,000.00) to Five
hundred thousand pesos (P500,000.00) shall be imposed upon any person, who
acts as a "protector/coddler" of any violator of the provisions under this Section.

Section 7. Employees and Visitors of a Den, Dive or Resort. - The penalty of

imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years
 86

and a fine ranging from One hundred thousand pesos (P100,000.00) to Five
hundred thousand pesos (P500,000.00) shall be imposed upon:

(a) Any employee of a den, dive or resort, who is aware of the nature of the place as
such; and

(b) Any person who, not being included in the provisions of the next preceding,
paragraph, is aware of the nature of the place as such and shall knowingly visit the
same

Section 8. Manufacture of Dangerous Drugs and/or Controlled Precursors and

Essential Chemicals. - The penalty of life imprisonment to death and a fine ranging
Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00)
shall be imposed upon any person, who, unless authorized by law, shall engage in
the manufacture of any dangerous drug.

The penalty of imprisonment ranging from twelve (12) years and one (1) day to
twenty (20) years and a fine ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed
upon any person, who, unless authorized by law, shall manufacture any controlled
precursor and essential chemical.

The presence of any controlled precursor and essential chemical or laboratory

equipment in the clandestine laboratory is a prima facie proof of manufacture of any
dangerous drug. It shall be considered an aggravating circumstance if the
clandestine laboratory is undertaken or established under the following
circumstances:

(a) Any phase of the manufacturing process was conducted in the presence or with
the help of minor/s:

(b) Any phase or manufacturing process was established or undertaken within one
hundred (100) meters of a residential, business, church or school premises;

(c) Any clandestine laboratory was secured or protected with booby traps;

(d) Any clandestine laboratory was concealed with legitimate business operations;
or

(e) Any employment of a practitioner, chemical engineer, public official or foreigner.

The maximum penalty provided for under this Section shall be imposed upon any
person, who organizes, manages or acts as a "financier" of any of the illegal
activities prescribed in this Section.

The penalty of twelve (12) years and one (1) day to twenty (20) years of
imprisonment and a fine ranging from One hundred thousand pesos (P100,000.00)
to Five hundred thousand pesos (P500,000.00) shall be imposed upon any person,
who acts as a "protector/coddler" of any violator of the provisions under this
Section.
 87

Section 9. Illegal Chemical Diversion of Controlled Precursors and Essential

Chemicals. - The penalty of imprisonment ranging from twelve (12) years and one
(1) day to twenty (20) years and a fine ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed
upon any person, who, unless authorized by law, shall illegally divert any controlled
precursor and essential chemical.

Section 10. Manufacture or Delivery of Equipment, Instrument, Apparatus, and

Other Paraphernalia for Dangerous Drugs and/or Controlled Precursors and
Essential Chemicals. - The penalty of imprisonment ranging from twelve (12) years
and one (1) day to twenty (20) years and a fine ranging from One hundred thousand
pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be
imposed upon any person who shall deliver, possess with intent to deliver, or
manufacture with intent to deliver equipment, instrument, apparatus and other
paraphernalia for dangerous drugs, knowing, or under circumstances where one
reasonably should know, that it will be used to plant, propagate, cultivate, grow,
harvest, manufacture, compound, convert, produce, process, prepare, test, analyze,
pack, repack, store, contain or conceal any dangerous drug and/or controlled
precursor and essential chemical in violation of this Act.

The penalty of imprisonment ranging from six (6) months and one (1) day to four (4)
years and a fine ranging from Ten thousand pesos (P10,000.00) to Fifty thousand
pesos (P50,000.00) shall be imposed if it will be used to inject, ingest, inhale or
otherwise introduce into the human body a dangerous drug in violation of this Act.

The maximum penalty provided for under this Section shall be imposed upon any
person, who uses a minor or a mentally incapacitated individual to deliver such
equipment, instrument, apparatus and other paraphernalia for dangerous drugs.

Section 11. Possession of Dangerous Drugs. - The penalty of life imprisonment to

death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten
million pesos (P10,000,000.00) shall be imposed upon any person, who, unless
authorized by law, shall possess any dangerous drug in the following quantities,
regardless of the degree of purity thereof:

(1) 10 grams or more of opium;

(2) 10 grams or more of morphine;

(3) 10 grams or more of heroin;

(4) 10 grams or more of cocaine or cocaine hydrochloride;

(5) 50 grams or more of methamphetamine hydrochloride or "shabu";

(6) 10 grams or more of marijuana resin or marijuana resin oil;

(7) 500 grams or more of marijuana; and

 88

(8) 10 grams or more of other dangerous drugs such as, but not limited to,
methylenedioxymethamphetamine (MDA) or "ecstasy", paramethoxyamphetamine
(PMA), trimethoxyamphetamine (TMA), lysergic acid diethylamine (LSD), gamma
hydroxyamphetamine (GHB), and those similarly designed or newly introduced
drugs and their derivatives, without having any therapeutic value or if the quantity
possessed is far beyond therapeutic requirements, as determined and promulgated
by the Board in accordance to Section 93, Article XI of this Act.

Otherwise, if the quantity involved is less than the foregoing quantities, the penalties
shall be graduated as follows:

(1) Life imprisonment and a fine ranging from Four hundred thousand pesos
(P400,000.00) to Five hundred thousand pesos (P500,000.00), if the quantity of
methamphetamine hydrochloride or "shabu" is ten (10) grams or more but less than
fifty (50) grams;

(2) Imprisonment of twenty (20) years and one (1) day to life imprisonment and a
fine ranging from Four hundred thousand pesos (P400,000.00) to Five hundred
thousand pesos (P500,000.00), if the quantities of dangerous drugs are five (5)
grams or more but less than ten (10) grams of opium, morphine, heroin, cocaine or
cocaine hydrochloride, marijuana resin or marijuana resin oil, methamphetamine
hydrochloride or "shabu", or other dangerous drugs such as, but not limited to,
MDMA or "ecstasy", PMA, TMA, LSD, GHB, and those similarly designed or newly
introduced drugs and their derivatives, without having any therapeutic value or if the
quantity possessed is far beyond therapeutic requirements; or three hundred (300)
grams or more but less than five (hundred) 500) grams of marijuana; and

(3) Imprisonment of twelve (12) years and one (1) day to twenty (20) years and a
fine ranging from Three hundred thousand pesos (P300,000.00) to Four hundred
thousand pesos (P400,000.00), if the quantities of dangerous drugs are less than
five (5) grams of opium, morphine, heroin, cocaine or cocaine hydrochloride,
marijuana resin or marijuana resin oil, methamphetamine hydrochloride or "shabu",
or other dangerous drugs such as, but not limited to, MDMA or "ecstasy", PMA,
TMA, LSD, GHB, and those similarly designed or newly introduced drugs and their
derivatives, without having any therapeutic value or if the quantity possessed is far
beyond therapeutic requirements; or less than three hundred (300) grams of
marijuana.

Section 12. Possession of Equipment, Instrument, Apparatus and Other

Paraphernalia for Dangerous Drugs. - The penalty of imprisonment ranging from six
(6) months and one (1) day to four (4) years and a fine ranging from Ten thousand
pesos (P10,000.00) to Fifty thousand pesos (P50,000.00) shall be imposed upon
any person, who, unless authorized by law, shall possess or have under his/her
control any equipment, instrument, apparatus and other paraphernalia fit or
intended for smoking, consuming, administering, injecting, ingesting, or introducing
any dangerous drug into the body: Provided, That in the case of medical
practitioners and various professionals who are required to carry such equipment,
instrument, apparatus and other paraphernalia in the practice of their profession,
the Board shall prescribe the necessary implementing guidelines thereof.
 89

The possession of such equipment, instrument, apparatus and other paraphernalia

fit or intended for any of the purposes enumerated in the preceding paragraph shall
be prima facie evidence that the possessor has smoked, consumed, administered
to himself/herself, injected, ingested or used a dangerous drug and shall be
presumed to have violated Section 15 of this Act.

Section 13. Possession of Dangerous Drugs During Parties, Social Gatherings or

Meetings. – Any person found possessing any dangerous drug during a party, or at
a social gathering or meeting, or in the proximate company of at least two (2)
persons, shall suffer the maximum penalties provided for in Section 11 of this Act,
regardless of the quantity and purity of such dangerous drugs.

Section 14. Possession of Equipment, Instrument, Apparatus and Other

Paraphernalia for Dangerous Drugs During Parties, Social Gatherings or
Meetings. - The maximum penalty provided for in Section 12 of this Act shall be
imposed upon any person, who shall possess or have under his/her control any
equipment, instrument, apparatus and other paraphernalia fit or intended for
smoking, consuming, administering, injecting, ingesting, or introducing any
dangerous drug into the body, during parties, social gatherings or meetings, or in
the proximate company of at least two (2) persons.

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

found to be positive for use of any dangerous drug, after a confirmatory test, shall
be imposed a penalty of a minimum of six (6) months rehabilitation in a government
center for the first offense, subject to the provisions of Article VIII of this Act. If
apprehended using any dangerous drug for the second time, he/she shall suffer the
penalty of imprisonment ranging from six (6) years and one (1) day to twelve (12)
years and a fine ranging from Fifty thousand pesos (P50,000.00) to Two hundred
thousand pesos (P200,000.00): Provided, That this Section shall not be applicable
where the person tested is also found to have in his/her possession such quantity of
any dangerous drug provided for under Section 11 of this Act, in which case the
provisions stated therein shall apply.

Section 16. Cultivation or Culture of Plants Classified as Dangerous Drugs or are

Sources Thereof. - The penalty of life imprisonment to death and a fine ranging from
Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00)
shall be imposed upon any person, who shall plant, cultivate or culture marijuana,
opium poppy or any other plant regardless of quantity, which is or may hereafter be
classified as a dangerous drug or as a source from which any dangerous drug may
be manufactured or derived: Provided, That in the case of medical laboratories and
medical research centers which cultivate or culture marijuana, opium poppy and
other plants, or materials of such dangerous drugs for medical experiments and
research purposes, or for the creation of new types of medicine, the Board shall
prescribe the necessary implementing guidelines for the proper cultivation, culture,
handling, experimentation and disposal of such plants and materials.

The land or portions thereof and/or greenhouses on which any of said plants is
cultivated or cultured shall be confiscated and escheated in favor of the State,
unless the owner thereof can prove lack of knowledge of such cultivation or culture
despite the exercise of due diligence on his/her part. If the land involved is part of
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the public domain, the maximum penalty provided for under this Section shall be
imposed upon the offender.

The maximum penalty provided for under this Section shall be imposed upon any
person, who organizes, manages or acts as a "financier" of any of the illegal
activities prescribed in this Section.

The penalty of twelve (12) years and one (1) day to twenty (20) years of
imprisonment and a fine ranging from One hundred thousand pesos (P100,000.00)
to Five hundred thousand pesos (P500,000.00) shall be imposed upon any person,
who acts as a "protector/coddler" of any violator of the provisions under this
Section.

Section 17. Maintenance and Keeping of Original Records of Transactions on

Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. - The
penalty of imprisonment ranging from one (1) year and one (1) day to six (6) years
and a fine ranging from Ten thousand pesos (P10,000.00) to Fifty thousand pesos
(P50,000.00) shall be imposed upon any practitioner, manufacturer, wholesaler,
importer, distributor, dealer or retailer who violates or fails to comply with the
maintenance and keeping of the original records of transactions on any dangerous
drug and/or controlled precursor and essential chemical in accordance with Section
40 of this Act.

An additional penalty shall be imposed through the revocation of the license to

practice his/her profession, in case of a practitioner, or of the business, in case of a
manufacturer, seller, importer, distributor, dealer or retailer.

Section 18. Unnecessary Prescription of Dangerous Drugs. – The penalty of

imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years
and a fine ranging from One hundred thousand pesos (P100,000.00) to Five
hundred thousand pesos (P500,000.00) and the additional penalty of the revocation
of his/her license to practice shall be imposed upon the practitioner, who shall
prescribe any dangerous drug to any person whose physical or physiological
condition does not require the use or in the dosage prescribed therein, as
determined by the Board in consultation with recognized competent experts who are
authorized representatives of professional organizations of practitioners, particularly
those who are involved in the care of persons with severe pain.

Section 19. Unlawful Prescription of Dangerous Drugs. – The penalty of life

imprisonment to death and a fine ranging from Five hundred thousand pesos
(P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any
person, who, unless authorized by law, shall make or issue a prescription or any
other writing purporting to be a prescription for any dangerous drug.

Section 20. Confiscation and Forfeiture of the Proceeds or Instruments of the

Unlawful Act, Including the Properties or Proceeds Derived from the Illegal
Trafficking of Dangerous Drugs and/or Precursors and Essential Chemicals. –
Every penalty imposed for the unlawful importation, sale, trading, administration,
dispensation, delivery, distribution, transportation or manufacture of any dangerous
drug and/or controlled precursor and essential chemical, the cultivation or culture of
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plants which are sources of dangerous drugs, and the possession of any
equipment, instrument, apparatus and other paraphernalia for dangerous drugs
including other laboratory equipment, shall carry with it the confiscation and
forfeiture, in favor of the government, of all the proceeds and properties derived
from the unlawful act, including, but not limited to, money and other assets obtained
thereby, and the instruments or tools with which the particular unlawful act was
committed, unless they are the property of a third person not liable for the unlawful
act, but those which are not of lawful commerce shall be ordered destroyed without
delay pursuant to the provisions of Section 21 of this Act.

After conviction in the Regional Trial Court in the appropriate criminal case filed, the
Court shall immediately schedule a hearing for the confiscation and forfeiture of all
the proceeds of the offense and all the assets and properties of the accused either
owned or held by him or in the name of some other persons if the same shall be
found to be manifestly out of proportion to his/her lawful income: Provided, however,
That if the forfeited property is a vehicle, the same shall be auctioned off not later
than five (5) days upon order of confiscation or forfeiture.

During the pendency of the case in the Regional Trial Court, no property, or income
derived therefrom, which may be confiscated and forfeited, shall be disposed,
alienated or transferred and the same shall be in custodia legis and no bond shall
be admitted for the release of the same.

The proceeds of any sale or disposition of any property confiscated or forfeited

under this Section shall be used to pay all proper expenses incurred in the
proceedings for the confiscation, forfeiture, custody and maintenance of the
property pending disposition, as well as expenses for publication and court costs.
The proceeds in excess of the above expenses shall accrue to the Board to be used
in its campaign against illegal drugs.

Section 21. Custody and Disposition of Confiscated, Seized, and/or Surrendered

Dangerous Drugs, Plant Sources of Dangerous Drugs, Controlled Precursors and
Essential Chemicals, Instruments/Paraphernalia and/or Laboratory Equipment. –
The PDEA shall take charge and have custody of all dangerous drugs, plant
sources of dangerous drugs, controlled precursors and essential chemicals, as well
as instruments/paraphernalia and/or laboratory equipment so confiscated, seized
and/or surrendered, for proper disposition in the following manner:

(1) The apprehending team having initial custody and control of the drugs shall,
immediately after seizure and confiscation, physically inventory and photograph the
same in the presence of the accused or the person/s from whom such items were
confiscated and/or seized, or his/her representative or counsel, a representative
from the media and the Department of Justice (DOJ), and any elected public official
who shall be required to sign the copies of the inventory and be given a copy
thereof;

(2) Within twenty-four (24) hours upon confiscation/seizure of dangerous drugs,

plant sources of dangerous drugs, controlled precursors and essential chemicals,
as well as instruments/paraphernalia and/or laboratory equipment, the same shall
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be submitted to the PDEA Forensic Laboratory for a qualitative and quantitative

examination;

(3) A certification of the forensic laboratory examination results, which shall be done
under oath by the forensic laboratory examiner, shall be issued within twenty-four
(24) hours after the receipt of the subject item/s: Provided, That when the volume of
the dangerous drugs, plant sources of dangerous drugs, and controlled precursors
and essential chemicals does not allow the completion of testing within the time
frame, a partial laboratory examination report shall be provisionally issued stating
therein the quantities of dangerous drugs still to be examined by the forensic
laboratory: Provided, however, That a final certification shall be issued on the
completed forensic laboratory examination on the same within the next twenty-four
(24) hours;

(4) After the filing of the criminal case, the Court shall, within seventy-two (72)
hours, conduct an ocular inspection of the confiscated, seized and/or surrendered
dangerous drugs, plant sources of dangerous drugs, and controlled precursors and
essential chemicals, including the instruments/paraphernalia and/or laboratory
equipment, and through the PDEA shall within twenty-four (24) hours thereafter
proceed with the destruction or burning of the same, in the presence of the accused
or the person/s from whom such items were confiscated and/or seized, or his/her
representative or counsel, a representative from the media and the DOJ, civil
society groups and any elected public official. The Board shall draw up the
guidelines on the manner of proper disposition and destruction of such item/s which
shall be borne by the offender: Provided, That those item/s of lawful commerce, as
determined by the Board, shall be donated, used or recycled for legitimate
purposes: Provided, further, That a representative sample, duly weighed and
recorded is retained;

(5) The Board shall then issue a sworn certification as to the fact of destruction or
burning of the subject item/s which, together with the representative sample/s in the
custody of the PDEA, shall be submitted to the court having jurisdiction over the
case. In all instances, the representative sample/s shall be kept to a minimum
quantity as determined by the Board;

(6) The alleged offender or his/her representative or counsel shall be allowed to

personally observe all of the above proceedings and his/her presence shall not
constitute an admission of guilt. In case the said offender or accused refuses or fails
to appoint a representative after due notice in writing to the accused or his/her
counsel within seventy-two (72) hours before the actual burning or destruction of the
evidence in question, the Secretary of Justice shall appoint a member of the public
attorney's office to represent the former;

(7) After the promulgation and judgment in the criminal case wherein the
representative sample/s was presented as evidence in court, the trial prosecutor
shall inform the Board of the final termination of the case and, in turn, shall request
the court for leave to turn over the said representative sample/s to the PDEA for
proper disposition and destruction within twenty-four (24) hours from receipt of the
same; and
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(8) Transitory Provision: a) Within twenty-four (24) hours from the effectivity of this
Act, dangerous drugs defined herein which are presently in possession of law
enforcement agencies shall, with leave of court, be burned or destroyed, in the
presence of representatives of the Court, DOJ, Department of Health (DOH) and
the accused/and or his/her counsel, and, b) Pending the organization of the PDEA,
the custody, disposition, and burning or destruction of seized/surrendered
dangerous drugs provided under this Section shall be implemented by the DOH.

Section 22. Grant of Compensation, Reward and Award. – The Board shall

recommend to the concerned government agency the grant of compensation,
reward and award to any person providing information and to law enforcers
participating in the operation, which results in the successful confiscation, seizure or
surrender of dangerous drugs, plant sources of dangerous drugs, and controlled
precursors and essential chemicals.

Section 23. Plea-Bargaining Provision. – Any person charged under any provision

of this Act regardless of the imposable penalty shall not be allowed to avail of the
provision on plea-bargaining.

Section 24. Non-Applicability of the Probation Law for Drug Traffickers and

Pushers. – Any person convicted for drug trafficking or pushing under this Act,
regardless of the penalty imposed by the Court, cannot avail of the privilege granted
by the Probation Law or Presidential Decree No. 968, as amended.

Section 25. Qualifying Aggravating Circumstances in the Commission of a Crime

by an Offender Under the Influence of Dangerous Drugs. – Notwithstanding the
provisions of any law to the contrary, a positive finding for the use of dangerous
drugs shall be a qualifying aggravating circumstance in the commission of a crime
by an offender, and the application of the penalty provided for in the Revised Penal
Code shall be applicable.

Section 26. Attempt or Conspiracy. – Any attempt or conspiracy to commit the

following unlawful acts shall be penalized by the same penalty prescribed for the
commission of the same as provided under this Act:

(a) Importation of any dangerous drug and/or controlled precursor and essential
chemical;

(b) Sale, trading, administration, dispensation, delivery, distribution and

transportation of any dangerous drug and/or controlled precursor and essential
chemical;

(c) Maintenance of a den, dive or resort where any dangerous drug is used in any
form;

(d) Manufacture of any dangerous drug and/or controlled precursor and essential
chemical; and

(e) Cultivation or culture of plants which are sources of dangerous drugs.

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Section 27. Criminal Liability of a Public Officer or Employee for Misappropriation,

Misapplication or Failure to Account for the Confiscated, Seized and/or Surrendered
Dangerous Drugs, Plant Sources of Dangerous Drugs, Controlled Precursors and
Essential Chemicals, Instruments/Paraphernalia and/or Laboratory Equipment
Including the Proceeds or Properties Obtained from the Unlawful Act Committed.
– The penalty of life imprisonment to death and a fine ranging from Five hundred
thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00), in addition to
absolute perpetual disqualification from any public office, shall be imposed upon
any public officer or employee who misappropriates, misapplies or fails to account
for confiscated, seized or surrendered dangerous drugs, plant sources of dangerous
drugs, controlled precursors and essential chemicals, instruments/paraphernalia
and/or laboratory equipment including the proceeds or properties obtained from the
unlawful acts as provided for in this Act.

Any elective local or national official found to have benefited from the proceeds of
the trafficking of dangerous drugs as prescribed in this Act, or have received any
financial or material contributions or donations from natural or juridical persons
found guilty of trafficking dangerous drugs as prescribed in this Act, shall be
removed from office and perpetually disqualified from holding any elective or
appointive positions in the government, its divisions, subdivisions, and
intermediaries, including government-owned or –controlled corporations.

Section 28. Criminal Liability of Government Officials and Employees. – The

maximum penalties of the unlawful acts provided for in this Act shall be imposed, in
addition to absolute perpetual disqualification from any public office, if those found
guilty of such unlawful acts are government officials and employees.

Section 29. Criminal Liability for Planting of Evidence. – Any person who is found
guilty of "planting" any dangerous drug and/or controlled precursor and essential
chemical, regardless of quantity and purity, shall suffer the penalty of death.

Section 30. Criminal Liability of Officers of Partnerships, Corporations, Associations

or Other Juridical Entities. – In case any violation of this Act is committed by a
partnership, corporation, association or any juridical entity, the partner, president,
director, manager, trustee, estate administrator, or officer who consents to or
knowingly tolerates such violation shall be held criminally liable as a co-principal.

The penalty provided for the offense under this Act shall be imposed upon the
partner, president, director, manager, trustee, estate administrator, or officer who
knowingly authorizes, tolerates or consents to the use of a vehicle, vessel, aircraft,
equipment or other facility, as an instrument in the importation, sale, trading,
administration, dispensation, delivery, distribution, transportation or manufacture of
dangerous drugs, or chemical diversion, if such vehicle, vessel, aircraft, equipment
or other instrument is owned by or under the control or supervision of the
partnership, corporation, association or juridical entity to which they are affiliated.

Section 31. Additional Penalty if Offender is an Alien. – In addition to the penalties

prescribed in the unlawful act committed, any alien who violates such provisions of
this Act shall, after service of sentence, be deported immediately without further
proceedings, unless the penalty is death.
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Section 32. Liability to a Person Violating Any Regulation Issued by the Board. –

The penalty of imprisonment ranging from six (6) months and one (1) day to four (4)
years and a fine ranging from Ten thousand pesos (P10,000.00) to Fifty thousand
pesos (P50,000.00) shall be imposed upon any person found violating any
regulation duly issued by the Board pursuant to this Act, in addition to the
administrative sanctions imposed by the Board.

Section 33. Immunity from Prosecution and Punishment. – Notwithstanding the

provisions of Section 17, Rule 119 of the Revised Rules of Criminal Procedure and
the provisions of Republic Act No. 6981 or the Witness Protection, Security and
Benefit Act of 1991, any person who has violated Sections 7, 11, 12, 14, 15, and 19,
Article II of this Act, who voluntarily gives information about any violation of Sections
4, 5, 6, 8, 10, 13, and 16, Article II of this Act as well as any violation of the offenses
mentioned if committed by a drug syndicate, or any information leading to the
whereabouts, identities and arrest of all or any of the members thereof; and who
willingly testifies against such persons as described above, shall be exempted from
prosecution or punishment for the offense with reference to which his/her
information of testimony were given, and may plead or prove the giving of such
information and testimony in bar of such prosecution: Provided, That the following
conditions concur:

(1) The information and testimony are necessary for the conviction of the persons
described above;

(2) Such information and testimony are not yet in the possession of the State;

(3) Such information and testimony can be corroborated on its material points;

(4) the informant or witness has not been previously convicted of a crime involving
moral turpitude, except when there is no other direct evidence available for the
State other than the information and testimony of said informant or witness; and

(5) The informant or witness shall strictly and faithfully comply without delay, any
condition or undertaking, reduced into writing, lawfully imposed by the State as
further consideration for the grant of immunity from prosecution and punishment.

Provided, further, That this immunity may be enjoyed by such informant or witness
who does not appear to be most guilty for the offense with reference to which
his/her information or testimony were given: Provided, finally, That there is no direct
evidence available for the State except for the information and testimony of the said
informant or witness.

Section 34. Termination of the Grant of Immunity. – The immunity granted to the

informant or witness, as prescribed in Section 33 of this Act, shall not attach should
it turn out subsequently that the information and/or testimony is false, malicious or
made only for the purpose of harassing, molesting or in any way prejudicing the
persons described in the preceding Section against whom such information or
testimony is directed against. In such case, the informant or witness shall be subject
to prosecution and the enjoyment of all rights and benefits previously accorded him
under this Act or any other law, decree or order shall be deemed terminated.
 96

In case an informant or witness under this Act fails or refuses to testify without just
cause, and when lawfully obliged to do so, or should he/she violate any condition
accompanying such immunity as provided above, his/her immunity shall be
removed and he/she shall likewise be subject to contempt and/or criminal
prosecution, as the case may be, and the enjoyment of all rights and benefits
previously accorded him under this Act or in any other law, decree or order shall be
deemed terminated.

In case the informant or witness referred to under this Act falls under the
applicability of this Section hereof, such individual cannot avail of the provisions
under Article VIII of this Act.

Section 35. Accessory Penalties. – A person convicted under this Act shall be

disqualified to exercise his/her civil rights such as but not limited to, the rights of
parental authority or guardianship, either as to the person or property of any ward,
the rights to dispose of such property by any act or any conveyance inter vivos, and
political rights such as but not limited to, the right to vote and be voted for. Such
rights shall also be suspended during the pendency of an appeal from such
conviction.

ARTICLE III

Dangerous Drugs Test and Record Requirements

Section 36. Authorized Drug Testing. – Authorized drug testing shall be done by

any government forensic laboratories or by any of the drug testing laboratories
accredited and monitored by the DOH to safeguard the quality of test results. The
DOH shall take steps in setting the price of the drug test with DOH accredited drug
testing centers to further reduce the cost of such drug test. The drug testing shall
employ, among others, two (2) testing methods, the screening test which will
determine the positive result as well as the type of the drug used and the
confirmatory test which will confirm a positive screening test. Drug test certificates
issued by accredited drug testing centers shall be valid for a one-year period from
the date of issue which may be used for other purposes. The following shall be
subjected to undergo drug testing:

(a) Applicants for driver's license. – No driver's license shall be issued or renewed
to any person unless he/she presents a certification that he/she has undergone a
mandatory drug test and indicating thereon that he/she is free from the use of
dangerous drugs;

(b) Applicants for firearm's license and for permit to carry firearms outside of
residence. – All applicants for firearm's license and permit to carry firearms outside
of residence shall undergo a mandatory drug test to ensure that they are free from
the use of dangerous drugs: Provided, That all persons who by the nature of their
profession carry firearms shall undergo drug testing;

(c) Students of secondary and tertiary schools. – Students of secondary and tertiary
schools shall, pursuant to the related rules and regulations as contained in the
school's student handbook and with notice to the parents, undergo a random drug
 97

testing: Provided, That all drug testing expenses whether in public or private

schools under this Section will be borne by the government;

(d) Officers and employees of public and private offices. – Officers and employees
of public and private offices, whether domestic or overseas, shall be subjected to
undergo a random drug test as contained in the company's work rules and
regulations, which shall be borne by the employer, for purposes of reducing the risk
in the workplace. Any officer or employee found positive for use of dangerous drugs
shall be dealt with administratively which shall be a ground for suspension or
termination, subject to the provisions of Article 282 of the Labor Code and pertinent
provisions of the Civil Service Law;

(e) Officers and members of the military, police and other law enforcement
agencies. – Officers and members of the military, police and other law enforcement
agencies shall undergo an annual mandatory drug test;

(f) All persons charged before the prosecutor's office with a criminal offense having
an imposable penalty of imprisonment of not less than six (6) years and one (1) day
shall have to undergo a mandatory drug test; and

(g) All candidates for public office whether appointed or elected both in the national
or local government shall undergo a mandatory drug test.

In addition to the above stated penalties in this Section, those found to be positive
for dangerous drugs use shall be subject to the provisions of Section 15 of this Act.

Section 37. Issuance of False or Fraudulent Drug Test Results. – Any person

authorized, licensed or accredited under this Act and its implementing rules to
conduct drug examination or test, who issues false or fraudulent drug test results
knowingly, willfully or through gross negligence, shall suffer the penalty of
imprisonment ranging from six (6) years and one (1) day to twelve (12) years and a
fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred
thousand pesos (P500,000.00).

An additional penalty shall be imposed through the revocation of the license to

practice his/her profession in case of a practitioner, and the closure of the drug
testing center.

Section 38. Laboratory Examination or Test on Apprehended/Arrested Offenders. –

Subject to Section 15 of this Act, any person apprehended or arrested for violating
the provisions of this Act shall be subjected to screening laboratory examination or
test within twenty-four (24) hours, if the apprehending or arresting officer has
reasonable ground to believe that the person apprehended or arrested, on account
of physical signs or symptoms or other visible or outward manifestation, is under the
influence of dangerous drugs. If found to be positive, the results of the screening
laboratory examination or test shall be challenged within fifteen (15) days after
receipt of the result through a confirmatory test conducted in any accredited
analytical laboratory equipment with a gas chromatograph/mass spectrometry
equipment or some such modern and accepted method, if confirmed the same shall
be prima facie evidence that such person has used dangerous drugs, which is
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without prejudice for the prosecution for other violations of the provisions of this
Act: Provided, That a positive screening laboratory test must be confirmed for it to
be valid in a court of law.

Section 39. Accreditation of Drug Testing Centers and Physicians. – The DOH shall
be tasked to license and accredit drug testing centers in each province and city in
order to assure their capacity, competence, integrity and stability to conduct the
laboratory examinations and tests provided in this Article, and appoint such
technical and other personnel as may be necessary for the effective implementation
of this provision. The DOH shall also accredit physicians who shall conduct the drug
dependency examination of a drug dependent as well as the after-care and follow-
up program for the said drug dependent. There shall be a control regulations,
licensing and accreditation division under the supervision of the DOH for this
purpose.

For this purpose, the DOH shall establish, operate and maintain drug testing
centers in government hospitals, which must be provided at least with basic
technologically advanced equipment and materials, in order to conduct the
laboratory examination and tests herein provided, and appoint such qualified and
duly trained technical and other personnel as may be necessary for the effective
implementation of this provision.

Section 40. Records Required for Transactions on Dangerous Drug and Precursors

and Essential Chemicals. –

a) Every pharmacist dealing in dangerous drugs and/or controlled precursors and

essential chemicals shall maintain and keep an original record of sales, purchases,
acquisitions and deliveries of dangerous drugs, indicating therein the following
information:

(1) License number and address of the pharmacist;

(2) Name, address and license of the manufacturer, importer or wholesaler from
whom the dangerous drugs have been purchased;

(3) Quantity and name of the dangerous drugs purchased or acquired;

(4) Date of acquisition or purchase;

(5) Name, address and community tax certificate number of the buyer;

(6) Serial number of the prescription and the name of the physician, dentist,
veterinarian or practitioner issuing the same;

(7) Quantity and name of the dangerous drugs sold or delivered; and

(8) Date of sale or delivery.

A certified true copy of such record covering a period of six (6) months, duly signed
by the pharmacist or the owner of the drugstore, pharmacy or chemical
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establishment, shall be forwarded to the Board within fifteen (15) days following the
last day of June and December of each year, with a copy thereof furnished the city
or municipal health officer concerned.

(b) A physician, dentist, veterinarian or practitioner authorized to prescribe any

dangerous drug shall issue the prescription therefor in one (1) original and two (2)
duplicate copies. The original, after the prescription has been filled, shall be
retained by the pharmacist for a period of one (1) year from the date of sale or
delivery of such drug. One (1) copy shall be retained by the buyer or by the person
to whom the drug is delivered until such drug is consumed, while the second copy
shall be retained by the person issuing the prescription.

For purposes of this Act, all prescriptions issued by physicians, dentists,

veterinarians or practitioners shall be written on forms exclusively issued by and
obtainable from the DOH. Such forms shall be made of a special kind of paper and
shall be distributed in such quantities and contain such information and other data
as the DOH may, by rules and regulations, require. Such forms shall only be issued
by the DOH through its authorized employees to licensed physicians, dentists,
veterinarians and practitioners in such quantities as the Board may authorize. In
emergency cases, however, as the Board may specify in the public interest, a
prescription need not be accomplished on such forms. The prescribing physician,
dentist, veterinarian or practitioner shall, within three (3) days after issuing such
prescription, inform the DOH of the same in writing. No prescription once served by
the drugstore or pharmacy be reused nor any prescription once issued be refilled.

(c) All manufacturers, wholesalers, distributors, importers, dealers and retailers of

dangerous drugs and/or controlled precursors and essential chemicals shall keep a
record of all inventories, sales, purchases, acquisitions and deliveries of the same
as well as the names, addresses and licenses of the persons from whom such
items were purchased or acquired or to whom such items were sold or delivered,
the name and quantity of the same and the date of the transactions. Such records
may be subjected anytime for review by the Board.

ARTICLE IV

Participation of the Family, Students, Teachers and School Authorities in the

Enforcement of this Act

Section 41. Involvement of the Family. – The family being the basic unit of the
Filipino society shall be primarily responsible for the education and awareness of
the members of the family on the ill effects of dangerous drugs and close monitoring
of family members who may be susceptible to drug abuse.

Section 42. Student Councils and Campus Organizations. – All elementary,

secondary and tertiary schools' student councils and campus organizations shall
include in their activities a program for the prevention of and deterrence in the use
of dangerous drugs, and referral for treatment and rehabilitation of students for drug
dependence.
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Section 43. School Curricula. – Instruction on drug abuse prevention and control

shall be integrated in the elementary, secondary and tertiary curricula of all public
and private schools, whether general, technical, vocational or agro-industrial as well
as in non-formal, informal and indigenous learning systems. Such instructions shall
include:

(1) Adverse effects of the abuse and misuse of dangerous drugs on the person, the
family, the school and the community;

(2) Preventive measures against drug abuse;

(3) Health, socio-cultural, psychological, legal and economic dimensions and

implications of the drug problem;

(4) Steps to take when intervention on behalf of a drug dependent is needed, as

well as the services available for the treatment and rehabilitation of drug
dependents; and

(5) Misconceptions about the use of dangerous drugs such as, but not limited to, the
importance and safety of dangerous drugs for medical and therapeutic use as well
as the differentiation between medical patients and drug dependents in order to
avoid confusion and accidental stigmatization in the consciousness of the students.

Section 44. Heads, Supervisors, and Teachers of Schools. – For the purpose of

enforcing the provisions of Article II of this Act, all school heads, supervisors and
teachers shall be deemed persons in authority and, as such, are hereby
empowered to apprehend, arrest or cause the apprehension or arrest of any person
who shall violate any of the said provisions, pursuant to Section 5, Rule 113 of the
Rules of Court. They shall be deemed persons in authority if they are in the school
or within its immediate vicinity, or even beyond such immediate vicinity if they are in
attendance at any school or class function in their official capacity as school heads,
supervisors, and teachers.

Any teacher or school employee, who discovers or finds that any person in the
school or within its immediate vicinity is liable for violating any of said provisions,
shall have the duty to report the same to the school head or immediate superior
who shall, in turn, report the matter to the proper authorities.

Failure to do so in either case, within a reasonable period from the time of discovery
of the violation shall, after due hearing, constitute sufficient cause for disciplinary
action by the school authorities.

Section 45. Publication and Distribution of Materials on Dangerous Drugs. – With

the assistance of the Board, the Secretary of the Department of Education (DepEd),
the Chairman of the Commission on Higher Education (CHED) and the Director-
General of the Technical Education and Skills Development Authority (TESDA) shall
cause the development, publication and distribution of information and support
educational materials on dangerous drugs to the students, the faculty, the parents,
and the community.
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Section 46. Special Drug Education Center. – With the assistance of the Board, the
Department of the Interior and Local Government (DILG), the National Youth
Commission (NYC), and the Department of Social Welfare and Development
(DSWD) shall establish in each of its provincial office a special education drug
center for out-of-school youth and street children. Such Center which shall be
headed by the Provincial Social. Welfare Development Officer shall sponsor drug
prevention programs and activities and information campaigns with the end in view
of educating the out-of-school youth and street children regarding the pernicious
effects of drug abuse. The programs initiated by the Center shall likewise be
adopted in all public and private orphanage and existing special centers for street
children.

ARTICLE V

Promotion of a National Drug-Free Workplace Program With the Participation

of Private and Labor Sectors and the Department of Labor and Employment

Section 47. Drug-Free Workplace. – It is deemed a policy of the State to promote

drug-free workplaces using a tripartite approach. With the assistance of the Board,
the Department of Labor and Employment (DOLE) shall develop, promote and
implement a national drug abuse prevention program in the workplace to be
adopted by private companies with ten (10) or more employees. Such program shall
include the mandatory drafting and adoption of company policies against drug use
in the workplace in close consultation and coordination with the DOLE, labor and
employer organizations, human resource development managers and other such
private sector organizations.

Section 48. Guidelines for the National Drug-Free Workplace Program. – The

Board and the DOLE shall formulate the necessary guidelines for the
implementation of the national drug-free workplace program. The amount necessary
for the implementation of which shall be included in the annual General
Appropriations Act.

ARTICLE VI

Participation of the Private and Labor Sectors in the Enforcement of this Act

Section 49. Labor Organizations and the Private Sector. – All labor unions,
federations, associations, or organizations in cooperation with the respective private
sector partners shall include in their collective bargaining or any similar agreements,
joint continuing programs and information campaigns for the laborers similar to the
programs provided under Section 47 of this Act with the end in view of achieving a
drug free workplace.

Section 50. Government Assistance. – The labor sector and the respective partners
may, in pursuit of the programs mentioned in the preceding Section, secure the
technical assistance, such as but not limited to, seminars and information
dissemination campaigns of the appropriate government and law enforcement
agencies.
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ARTICLE VII

Participation of Local Government Units

Section 51. Local Government Units' Assistance. – Local government units shall

appropriate a substantial portion of their respective annual budgets to assist in or
enhance the enforcement of this Act giving priority to preventive or educational
programs and the rehabilitation or treatment of drug dependents.

Section 52. Abatement of Drug Related Public Nuisances. – Any place or premises

which have been used on two or more occasions as the site of the unlawful sale or
delivery of dangerous drugs may be declared to be a public nuisance, and such
nuisance may be abated, pursuant to the following procedures:

(1) Any city or municipality may, by ordinance, create an administrative board to

hear complaints regarding the nuisances;

(2) any employee, officer, or resident of the city or municipality may bring a
complaint before the Board after giving not less than three (3) days written notice of
such complaint to the owner of the place or premises at his/her last known address;
and

(3) After hearing in which the Board may consider any evidence, including evidence
of the general reputation of the place or premises, and at which the owner of the
premises shall have an opportunity to present evidence in his/her defense, the
Board may declare the place or premises to be a public nuisance.

Section 53. Effect of Board Declaration. – If the Board declares a place or premises

to be a public nuisance, it may declare an order immediately prohibiting the
conduct, operation, or maintenance of any business or activity on the premises
which is conducive to such nuisance.

An order entered under this Section shall expire after one (1) year or at such earlier
time as stated in the order. The Board may bring a complaint seeking a permanent
injunction against any nuisance described under this Section.

This Article does not restrict the right of any person to proceed under the Civil Code
against any public nuisance.

ARTICLE VIII

Program for Treatment and Rehabilitation of Drug Dependents

Section 54. Voluntary Submission of a Drug Dependent to Confinement, Treatment

and Rehabilitation. – A drug dependent or any person who violates Section 15 of
this Act may, by himself/herself or through his/her parent, spouse, guardian or
relative within the fourth degree of consanguinity or affinity, apply to the Board or its
duly recognized representative, for treatment and rehabilitation of the drug
dependency. Upon such application, the Board shall bring forth the matter to the
Court which shall order that the applicant be examined for drug dependency. If the
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examination by a DOH-accredited physician results in the issuance of a certification

that the applicant is a drug dependent, he/she shall be ordered by the Court to
undergo treatment and rehabilitation in a Center designated by the Board for a
period of not less than six (6) months: Provided, That a drug dependent may be
placed under the care of a DOH-accredited physician where there is no Center near
or accessible to the residence of the drug dependent or where said drug dependent
is below eighteen (18) years of age and is a first-time offender and non-confinement
in a Center will not pose a serious danger to his/her family or the community.

Confinement in a Center for treatment and rehabilitation shall not exceed one (1)
year, after which time the Court, as well as the Board, shall be apprised by the head
of the treatment and rehabilitation center of the status of said drug dependent and
determine whether further confinement will be for the welfare of the drug dependent
and his/her family or the community.

Section 55. Exemption from the Criminal Liability Under the Voluntary Submission
Program. A drug dependent under the voluntary submission program, who is finally
discharged from confinement, shall be exempt from the criminal liability under
Section 15 of this act subject to the following conditions:

(1) He/she has complied with the rules and regulations of the center, the applicable
rules and regulations of the Board, including the after-care and follow-up program
for at least eighteen (18) months following temporary discharge from confinement in
the Center or, in the case of a dependent placed under the care of the DOH-
accredited physician, the after-care program and follow-up schedule formulated by
the DSWD and approved by the Board: Provided, That capability-building of local
government social workers shall be undertaken by the DSWD;

(2) He/she has never been charged or convicted of any offense punishable under
this Act, the Dangerous Drugs Act of 1972 or Republic Act No. 6425, as amended;
the Revised Penal Code, as amended; or any special penal laws;

(3) He/she has no record of escape from a Center: Provided, That had he/she
escaped, he/she surrendered by himself/herself or through his/her parent, spouse,
guardian or relative within the fourth degree of consanguinity or affinity, within one
(1) week from the date of the said escape; and

(4) He/she poses no serious danger to himself/herself, his/her family or the

community by his/her exemption from criminal liability.

Section 56. Temporary Release From the Center; After-Care and Follow-Up

Treatment Under the Voluntary Submission Program. – Upon certification of the
Center that the drug dependent within the voluntary submission program may be
temporarily released, the Court shall order his/her release on condition that said
drug dependent shall report to the DOH for after-care and follow-up treatment,
including urine testing, for a period not exceeding eighteen (18) months under such
terms and conditions that the Court may impose.

If during the period of after-care and follow-up, the drug dependent is certified to be
rehabilitated, he/she may be discharged by the Court, subject to the provisions of
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Section 55 of this Act, without prejudice to the outcome of any pending case filed in
court.

However, should the DOH find that during the initial after-care and follow-up
program of eighteen (18) months, the drug dependent requires further treatment
and rehabilitation in the Center, he/she shall be recommitted to the Center for
confinement. Thereafter, he/she may again be certified for temporary release and
ordered released for another after-care and follow-up program pursuant to this
Section.

Section 57. Probation and Community Service Under the Voluntary Submission

Program. – A drug dependent who is discharged as rehabilitated by the DOH-
accredited Center through the voluntary submission program, but does not qualify
for exemption from criminal liability under Section 55 of this Act, may be charged
under the provisions of this Act, but shall be placed on probation and undergo a
community service in lieu of imprisonment and/or fine in the discretion of the court,
without prejudice to the outcome of any pending case filed in court.

Such drug dependent shall undergo community service as part of his/her after-care
and follow-up program, which may be done in coordination with nongovernmental
civil organizations accredited by the DSWD, with the recommendation of the Board.

Section 58. Filing of Charges Against a Drug Dependent Who is Not Rehabilitated

Under the Voluntary Submission Program. – A drug dependent, who is not
rehabilitated after the second commitment to the Center under the voluntary
submission program, shall, upon recommendation of the Board, be charged for
violation of Section 15 of this Act and prosecuted like any other offender. If
convicted, he/she shall be credited for the period of confinement and rehabilitation
in the Center in the service of his/her sentence.

Section 59. Escape and Recommitment for Confinement and Rehabilitation Under

the Voluntary Submission Program. – Should a drug dependent under the voluntary
submission program escape from the Center, he/she may submit himself/herself for
recommitment within one (1) week therefrom, or his/her parent, spouse, guardian or
relative within the fourth degree of consanguinity or affinity may, within said period,
surrender him for recommitment, in which case the corresponding order shall be
issued by the Board.

Should the escapee fail to submit himself/herself or be surrendered after one (1)
week, the Board shall apply to the court for a recommitment order upon proof of
previous commitment or his/her voluntary submission by the Board, the court may
issue an order for recommitment within one (1) week.

If, subsequent to a recommitment, the dependent once again escapes from

confinement, he/she shall be charged for violation of Section 15 of this Act and he
subjected under section 61 of this Act, either upon order of the Board or upon order
of the court, as the case may be.

Section 60. Confidentiality of Records Under the Voluntary Submission Program. –

Judicial and medical records of drug dependents under the voluntary submission
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program shall be confidential and shall not be used against him for any purpose,
except to determine how many times, by himself/herself or through his/her parent,
spouse, guardian or relative within the fourth degree of consanguinity or affinity,
he/she voluntarily submitted himself/herself for confinement, treatment and
rehabilitation or has been committed to a Center under this program.

Section 61. Compulsory Confinement of a Drug Dependent Who Refuses to Apply

Under the Voluntary Submission Program. – Notwithstanding any law, rule and
regulation to the contrary, any person determined and found to be dependent on
dangerous drugs shall, upon petition by the Board or any of its authorized
representative, be confined for treatment and rehabilitation in any Center duly
designated or accredited for the purpose.

A petition for the confinement of a person alleged to be dependent on dangerous

drugs to a Center may be filed by any person authorized by the Board with the
Regional Trial Court of the province or city where such person is found.

After the petition is filed, the court, by an order, shall immediately fix a date for the
hearing, and a copy of such order shall be served on the person alleged to be
dependent on dangerous drugs, and to the one having charge of him.

If after such hearing and the facts so warrant, the court shall order the drug
dependent to be examined by two (2) physicians accredited by the Board. If both
physicians conclude that the respondent is not a drug dependent, the court shall
order his/her discharge. If either physician finds him to be a dependent, the court
shall conduct a hearing and consider all relevant evidence which may be offered. If
the court finds him a drug dependent, it shall issue an order for his/her commitment
to a treatment and rehabilitation center under the supervision of the DOH. In any
event, the order of discharge or order of confinement or commitment shall be issued
not later than fifteen (15) days from the filing of the appropriate petition.

Section 62. Compulsory Submission of a Drug Dependent Charged with an

Offense to Treatment and Rehabilitation. – If a person charged with an offense
where the imposable penalty is imprisonment of less than six (6) years and one (1)
day, and is found by the prosecutor or by the court, at any stage of the proceedings,
to be a drug dependent, the prosecutor or the court as the case may be, shall
suspend all further proceedings and transmit copies of the record of the case to the
Board.

In the event he Board determines, after medical examination, that public interest
requires that such drug dependent be committed to a center for treatment and
rehabilitation, it shall file a petition for his/her commitment with the regional trial
court of the province or city where he/she is being investigated or tried: Provided,
That where a criminal case is pending in court, such petition shall be filed in the said
court. The court shall take judicial notice of the prior proceedings in the case and
shall proceed to hear the petition. If the court finds him to be a drug dependent, it
shall order his/her commitment to a Center for treatment and rehabilitation. The
head of said Center shall submit to the court every four (4) months, or as often as
the court may require, a written report on the progress of the treatment. If the
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dependent is rehabilitated, as certified by the center and the Board, he/she shall be
returned to the court, which committed him, for his/her discharge therefrom.

Thereafter, his/her prosecution for any offense punishable by law shall be instituted
or shall continue, as the case may be. In case of conviction, the judgment shall, if
the accused is certified by the treatment and rehabilitation center to have
maintained good behavior, indicate that he/she shall be given full credit for the
period he/she was confined in the Center: Provided, however, That when the
offense is for violation of Section 15 of this Act and the accused is not a recidivist,
the penalty thereof shall be deemed to have been served in the Center upon his/her
release therefrom after certification by the Center and the Board that he/she is
rehabilitated.

Section 63. Prescription of the Offense Charged Against a Drug Dependent Under

the Compulsory Submission Program. – The period of prescription of the offense
charged against a drug dependent under the compulsory submission program shall
not run during the time that the drug dependent is under confinement in a Center or
otherwise under the treatment and rehabilitation program approved by the Board.

Upon certification of the Center that he/she may temporarily be discharged from the
said Center, the court shall order his/her release on condition that he/she shall
report to the Board through the DOH for after-care and follow-up treatment for a
period not exceeding eighteen (18) months under such terms and conditions as
may be imposed by the Board.

If at anytime during the after-care and follow-up period, the Board certifies to his/her
complete rehabilitation, the court shall order his/her final discharge from
confinement and order for the immediate resumption of the trial of the case for
which he/she is originally charged. Should the Board through the DOH find at
anytime during the after-care and follow-up period that he/she requires further
treatment and rehabilitation, it shall report to the court, which shall order his/her
recommitment to the Center.

Should the drug dependent, having been committed to a Center upon petition by the
Board escape therefrom, he/she may resubmit himself/herself for confinement
within one (1) week from the date of his/her escape; or his/her parent, spouse,
guardian or relative within the fourth degree of consanguinity or affinity may, within
the same period, surrender him for recommitment. If, however, the drug dependent
does not resubmit himself/herself for confinement or he/she is not surrendered for
recommitment, the Board may apply with the court for the issuance of the
recommitment order. Upon proof of previous commitment, the court shall issue an
order for recommitment. If, subsequent to such recommitment, he/she should
escape again, he/she shall no longer be exempt from criminal liability for use of any
dangerous drug.

A drug dependent committed under this particular Section who is finally discharged
from confinement shall be exempt from criminal liability under Section 15 of this Act,
without prejudice to the outcome of any pending case filed in court. On the other
hand, a drug dependent who is not rehabilitated after a second commitment to the
Center shall, upon conviction by the appropriate court, suffer the same penalties
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provided for under Section 15 of this Act again without prejudice to the outcome of
any pending case filed in court.

Section 64. Confidentiality of Records Under the Compulsory Submission

Program. – The records of a drug dependent who was rehabilitated and discharged
from the Center under the compulsory submission program, or who was charged for
violation of Section 15 of this Act, shall be covered by Section 60 of this Act.
However, the records of a drug dependent who was not rehabilitated, or who
escaped but did not surrender himself/herself within the prescribed period, shall be
forwarded to the court and their use shall be determined by the court, taking into
consideration public interest and the welfare of the drug dependent.

Section 65. Duty of the Prosecutor in the Proceedings. – It shall be the duty of the
provincial or the city prosecutor or their assistants or state prosecutors to prepare
the appropriate petition in all proceedings arising from this Act.

Section 66. Suspension of Sentence of a First-Time Minor Offender. – An accused

who is over fifteen (15) years of age at the time of the commission of the offense
mentioned in Section 11 of this Act, but not more than eighteen (18) years of age at
the time when judgment should have been promulgated after having been found
guilty of said offense, may be given the benefits of a suspended sentence, subject
to the following conditions:

(a) He/she has not been previously convicted of violating any provision of this Act,
or of the Dangerous Drugs Act of 1972, as amended; or of the Revised Penal Code;
or of any special penal laws;

(b) He/she has not been previously committed to a Center or to the care of a DOH-
accredited physician; and

(c) The Board favorably recommends that his/her sentence be suspended.

While under suspended sentence, he/she shall be under the supervision and
rehabilitative surveillance of the Board, under such conditions that the court may
impose for a period ranging from six (6) months to eighteen (18) months.

Upon recommendation of the Board, the court may commit the accused under
suspended sentence to a Center, or to the care of a DOH-accredited physician for
at least six (6) months, with after-care and follow-up program for not more than
eighteen (18) months.

In the case of minors under fifteen (15) years of age at the time of the commission
of any offense penalized under this Act, Article 192 of Presidential Decree No. 603,
otherwise known as the Child and Youth Welfare Code, as amended by Presidential
Decree No. 1179 shall apply, without prejudice to the application of the provisions of
this Section.

Section 67. Discharge After Compliance with Conditions of Suspended Sentence of

a First-Time Minor Offender. – If the accused first time minor offender under
suspended sentence complies with the applicable rules and regulations of the
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Board, including confinement in a Center, the court, upon a favorable

recommendation of the Board for the final discharge of the accused, shall discharge
the accused and dismiss all proceedings.

Upon the dismissal of the proceedings against the accused, the court shall enter an
order to expunge all official records, other than the confidential record to be retained
by the DOJ relating to the case. Such an order, which shall be kept confidential,
shall restore the accused to his/her status prior to the case. He/she shall not be held
thereafter to be guilty of perjury or of concealment or misrepresentation by reason
of his/her failure to acknowledge the case or recite any fact related thereto in
response to any inquiry made of him for any purpose.

Section 68. Privilege of Suspended Sentence to be Availed of Only Once by a

First-Time Minor Offender. – The privilege of suspended sentence shall be availed
of only once by an accused drug dependent who is a first-time offender over fifteen
(15) years of age at the time of the commission of the violation of Section 15 of this
Act but not more than eighteen (18) years of age at the time when judgment should
have been promulgated.

Section 69. Promulgation of Sentence for First-Time Minor Offender. – If the

accused first-time minor offender violates any of the conditions of his/her
suspended sentence, the applicable rules and regulations of the Board exercising
supervision and rehabilitative surveillance over him, including the rules and
regulations of the Center should confinement be required, the court shall pronounce
judgment of conviction and he/she shall serve sentence as any other convicted
person.

Section 70. Probation or Community Service for a First-Time Minor Offender in Lieu

of Imprisonment. – Upon promulgation of the sentence, the court may, in its
discretion, place the accused under probation, even if the sentence provided under
this Act is higher than that provided under existing law on probation, or impose
community service in lieu of imprisonment. In case of probation, the supervision and
rehabilitative surveillance shall be undertaken by the Board through the DOH in
coordination with the Board of Pardons and Parole and the Probation
Administration. Upon compliance with the conditions of the probation, the Board
shall submit a written report to the court recommending termination of probation and
a final discharge of the probationer, whereupon the court shall issue such an order.

The community service shall be complied with under conditions, time and place as
may be determined by the court in its discretion and upon the recommendation of
the Board and shall apply only to violators of Section 15 of this Act. The completion
of the community service shall be under the supervision and rehabilitative
surveillance of the Board during the period required by the court. Thereafter, the
Board shall render a report on the manner of compliance of said community service.
The court in its discretion may require extension of the community service or order a
final discharge.

In both cases, the judicial records shall be covered by the provisions of Sections 60
and 64 of this Act.
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If the sentence promulgated by the court requires imprisonment, the period spent in
the Center by the accused during the suspended sentence period shall be deducted
from the sentence to be served.

Section 71. Records to be kept by the Department of Justice. – The DOJ shall keep
a confidential record of the proceedings on suspension of sentence and shall not be
used for any purpose other than to determine whether or not a person accused
under this Act is a first-time minor offender.

Section 72. Liability of a Person Who Violates the Confidentiality of Records. – The

penalty of imprisonment ranging from six (6) months and one (1) day to six (6) years
and a fine ranging from One thousand pesos (P1,000.00) to Six thousand pesos
(P6,000.00), shall be imposed upon any person who, having official custody of or
access to the confidential records of any drug dependent under voluntary
submission programs, or anyone who, having gained possession of said records,
whether lawfully or not, reveals their content to any person other than those
charged with the prosecution of the offenses under this Act and its implementation.
The maximum penalty shall be imposed, in addition to absolute perpetual
disqualification from any public office, when the offender is a government official or
employee. Should the records be used for unlawful purposes, such as blackmail of
the drug dependent or the members of his/her family, the penalty imposed for the
crime of violation of confidentiality shall be in addition to whatever crime he/she may
be convicted of.

Section 73. Liability of a Parent, Spouse or Guardian Who Refuses to Cooperate

with the Board or any Concerned Agency. – Any parent, spouse or guardian who,
without valid reason, refuses to cooperate with the Board or any concerned agency
in the treatment and rehabilitation of a drug dependent who is a minor, or in any
manner, prevents or delays the after-care, follow-up or other programs for the
welfare of the accused drug dependent, whether under voluntary submission
program or compulsory submission program, may be cited for contempt by the
court.

Section 74. Cost-Sharing in the Treatment and Rehabilitation of a Drug

Dependent. – The parent, spouse, guardian or any relative within the fourth degree
of consanguinity of any person who is confined under the voluntary submission
program or compulsory submission program shall be charged a certain percentage
of the cost of his/her treatment and rehabilitation, the guidelines of which shall be
formulated by the DSWD taking into consideration the economic status of the family
of the person confined. The guidelines therein formulated shall be implemented by a
social worker of the local government unit.

Section 75. Treatment and Rehabilitation Centers. – The existing treatment and

rehabilitation centers for drug dependents operated and maintained by the NBI and
the PNP shall be operated, maintained and managed by the DOH in coordination
with other concerned agencies. For the purpose of enlarging the network of centers,
the Board through the DOH shall encourage, promote or whenever feasible, assist
or support in the establishment, operations and maintenance of private centers
which shall be eligible to receive grants, donations or subsidy from either
government or private sources. It shall also support the establishment of
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government-operated regional treatment and rehabilitation centers depending upon

the availability of funds. The national government, through its appropriate agencies
shall give priority funding for the increase of subsidy to existing government drug
rehabilitation centers, and shall establish at least one (1) drug rehabilitation center
in each province, depending on the availability of funds.

Section 76. The Duties and Responsibilities of the Department of health (DOH)

Under this Act. – The DOH shall:

(1) Oversee the monitor the integration, coordination and supervision of all drug
rehabilitation, intervention, after-care and follow-up programs, projects and activities
as well as the establishment, operations, maintenance and management of
privately-owned drug treatment rehabilitation centers and drug testing networks and
laboratories throughout the country in coordination with the DSWD and other
agencies;

(2) License, accredit, establish and maintain drug test network and laboratory,
initiate, conduct and support scientific research on drugs and drug control;

(3) Encourage, assist and accredit private centers, promulgate rules and regulations
setting minimum standards for their accreditation to assure their competence,
integrity and stability;

(4) Prescribe and promulgate rules and regulations governing the establishment of
such Centers as it may deem necessary after conducting a feasibility study thereof;

(5) The DOH shall, without prejudice to the criminal prosecution of those found
guilty of violating this Act, order the closure of a Center for treatment and
rehabilitation of drug dependency when, after investigation it is found guilty of
violating the provisions of this Act or regulations issued by the Board; and

(6) Charge reasonable fees for drug dependency examinations, other medical and
legal services provided to the public, which shall accrue to the Board. All income
derived from these sources shall be part of the funds constituted as special funds
for the implementation of this Act under Section 87.

ARTICLE IX

Dangerous Drugs Board and Philippine Drug Enforcement Agency

Section 77. The Dangerous Drugs Board. – The Board shall be the policy-making
and strategy-formulating body in the planning and formulation of policies and
programs on drug prevention and control. It shall develop and adopt a
comprehensive, integrated, unified and balanced national drug abuse prevention
and control strategy. It shall be under the Office of the President.

Section 78. Composition of the Board. – The Board shall be composed of

seventeen (17) members wherein three (3) of which are permanent members, the
other twelve (12) members shall be in an ex officio capacity and the two (2) shall be
regular members.
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The three (3) permanent members, who shall possess at least seven-year training
and experience in the field of dangerous drugs and in any of the following fields: in
law, medicine, criminology, psychology or social work, shall be appointed by the
President of the Philippines. The President shall designate a Chairman, who shall
have the rank of a secretary from among the three (3) permanent members who
shall serve for six (6) years. Of the two (2) other members, who shall both have the
rank of undersecretary, one (1) shall serve for four (4) years and the other for two
(2) years. Thereafter, the persons appointed to succeed such members shall hold
office for a term of six (6) years and until their successors shall have been duly
appointed and qualified.

The other twelve (12) members who shall be ex officio members of the Board are
the following:

(1) Secretary of the Department of Justice or his/her representative;

(2) Secretary of the Department of Health or his/her representative;

(3) Secretary of the Department of National Defense or his/her representative;

(4) Secretary of the Department of Finance or his/her representative;

(5) Secretary of the Department of Labor and Employment or his/her representative;

(6) Secretary of the Department of the Interior and Local Government or his/her
representative;

(7) Secretary of the Department of Social Welfare and Development or his/her

representative;

(8) Secretary of the Department of Foreign Affairs or his/her representative;

(9) Secretary of the Department of Education or his/her representative;

(10) Chairman of the Commission on Higher Education or his/her representative;

(11) Chairman of the National Youth Commission;

(12) Director General of the Philippine Drug Enforcement Agency.

Cabinet secretaries who are members of the Board may designate their duly
authorized and permanent representatives whose ranks shall in no case be lower
than undersecretary.

The two (2) regular members shall be as follows:

(a) The president of the Integrated Bar of the Philippines; and

(b) The chairman or president of a non-government organization involved in

dangerous drug campaign to be appointed by the President of the Philippines.
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The Director of the NBI and the Chief of the PNP shall be the permanent
consultants of the Board, and shall attend all the meetings of the Board.

All members of the Board as well as its permanent consultants shall receive a per
diem for every meeting actually attended subject to the pertinent budgetary laws,
rules and regulations on compensation, honoraria and allowances: Provided, That
where the representative of an ex officio member or of the permanent consultant of
the Board attends a meeting in behalf of the latter, such representative shall be
entitled to receive the per diem.

Section 79. Meetings of the Board. – The Board shall meet once a week or as often
as necessary at the discretion of the Chairman or at the call of any four (4) other
members. The presence of nine (9) members shall constitute a quorum.

Section 80. Secretariat of the Board. – The Board shall recommend to the

President of the Philippines the appointment of an Executive Director, with the rank
of an undersecretary, who shall be the Secretary of the Board and administrative
officer of its secretariat, and shall perform such other duties that may be assigned to
him/her. He/she must possess adequate knowledge, training and experience in the
field of dangerous drugs, and in any of the following fields: law enforcement, law,
medicine, criminology, psychology or social work.

Two deputies executive director, for administration and operations, with the ranks of
assistant secretary, shall be appointed by the President upon recommendation of
the Board. They shall possess the same qualifications as those of the executive
director. They shall receive a salary corresponding to their position as prescribed by
the Salary Standardization Law as a Career Service Officer.

The existing secretariat of the Board shall be under the administrative control and
supervision of the Executive Director. It shall be composed of the following
divisions, namely: Policy Studies, Research and Statistics; Preventive Education,
Training and Information; Legal Affairs; and the Administrative and Financial
Management.

Section 81. Powers and Duties of the Board. – The Board shall:

(a) Formulate, develop and establish a comprehensive, integrated, unified and

balanced national drug use prevention and control strategy;

(b) Promulgate such rules and regulations as may be necessary to carry out the
purposes of this Act, including the manner of safekeeping, disposition, burning or
condemnation of any dangerous drug and/or controlled precursor and essential
chemical under its charge and custody, and prescribe administrative remedies or
sanctions for the violations of such rules and regulations;

(c) Conduct policy studies, program monitoring and evaluations and other
researches on drug prevention, control and enforcement;
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(d) Initiate, conduct and support scientific, clinical, social, psychological, physical
and biological researches on dangerous drugs and dangerous drugs prevention and
control measures;

(e) Develop an educational program and information drive on the hazards and
prevention of illegal use of any dangerous drug and/or controlled precursor and
essential chemical based on factual data, and disseminate the same to the general
public, for which purpose the Board shall endeavor to make the general public
aware of the hazards of any dangerous drugs and/or controlled precursor and
essential chemical by providing among others, literature, films, displays or
advertisements and by coordinating with all institutions of learning as well as with all
national and local enforcement agencies in planning and conducting its educational
campaign programs to be implemented by the appropriate government agencies;

(f) Conduct continuing seminars for, and consultations with, and provide information
materials to judges and prosecutors in coordination with the Office of the Court
Administrator, in the case of judges, and the DOJ, in the case of prosecutors, which
aim to provide them with the current developments and programs of the Board
pertinent to its campaign against dangerous drugs and its scientific researches on
dangerous drugs, its prevention and control measures;

(g) Design special trainings in order to provide law enforcement officers, members
of the judiciary, and prosecutors, school authorities and personnel of centers with
knowledge and know-how in dangerous drugs and/or controlled precursors and
essential chemicals control in coordination with the Supreme Court to meet the
objectives of the national drug control programs;

(h) Design and develop, in consultation and coordination with the DOH, DSWD and
other agencies involved in drugs control, treatment and rehabilitation, both public
and private, a national treatment and rehabilitation program for drug dependents
including a standard aftercare and community service program for recovering drug
dependents;

(i) Design and develop, jointly with the DOLE and in consultation with labor and
employer groups as well as nongovernment organizations a drug abuse prevention
program in the workplace that would include a provision for employee assistance
programs for emotionally-stressed employees;

(j) Initiate and authorize closure proceedings against non-accredited and/or

substandard rehabilitation centers based on verified reports of human rights
violations, subhuman conditions, inadequate medical training and assistance and
excessive fees for implementation by the PDEA;

(k) Prescribe and promulgate rules and regulations governing the establishment of
such centers, networks and laboratories as deemed necessary after conducting a
feasibility study in coordination with the DOH and other government agencies;

(l) Receive, gather, collect and evaluate all information on the importation,
exportation, production, manufacture, sale, stocks, seizures of and the estimated
need for any dangerous drug and/or controlled precursor and essential chemical, for
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which purpose the Board may require from any official, instrumentality or agency of
the government or any private person or enterprise dealing in, or engaged in
activities having to do with any dangerous drug and/or controlled precursors and
essential chemicals such data or information as it may need to implement this Act;

(m) Gather and prepare detailed statistics on the importation, exportation,

manufacture, stocks, seizures of and estimates need for any dangerous drug and/or
controlled precursors and essential chemicals and such other statistical data on
said drugs as may be periodically required by the United Nations Narcotics Drug
Commission, the World Health Organization and other international organizations in
consonance with the country's international commitments;

(n) Develop and maintain international networking coordination with international

drug control agencies and organizations, and implement the provisions of
international conventions and agreements thereon which have been adopted and
approved by the Congress of the Philippines;

(o) Require all government and private hospitals, clinics, doctors, dentists and other
practitioners to submit a report to it, in coordination with the PDEA, about all
dangerous drugs and/or controlled precursors and essential chemicals-related
cases to which they have attended for statistics and research purposes;

(p) Receive in trust legacies, gifts and donations of real and personal properties of
all kinds, to administer and dispose the same when necessary for the benefit of
government and private rehabilitation centers subject to limitations, directions and
instructions from the donors, if any;

(q) Issue guidelines as to the approval or disapproval of applications for voluntary

treatment, rehabilitation or confinement, wherein it shall issue the necessary
guidelines, rules and regulations pertaining to the application and its enforcement;

(r) Formulate guidelines, in coordination with other government agencies, the

importation, distribution, production, manufacture, compounding, prescription,
dispensing and sale of, and other lawful acts in connection with any dangerous
drug, controlled precursors and essential chemicals and other similar or analogous
substances of such kind and in such quantity as it may deem necessary according
to the medical and research needs or requirements of the country including diet pills
containing ephedrine and other addictive chemicals and determine the quantity
and/or quality of dangerous drugs and controlled precursors and essential
chemicals to be imported, manufactured and held in stock at any given time by
authorized importer, manufacturer or distributor of such drugs;

(s) Develop the utilization of a controlled delivery scheme in addressing the

transshipment of dangerous drugs into and out of the country to neutralize
transnational crime syndicates involved in illegal trafficking of any dangerous drugs
and/or controlled precursors and essential chemicals;

(t) Recommend the revocation of the professional license of any practitioner who is
an owner, co-owner, lessee, or in the employ of the drug establishment, or manager
of a partnership, corporation, association, or any juridical entity owning and/or
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controlling such drug establishment, and who knowingly participates in, or consents
to, tolerates, or abets the commission of the act of violations as indicated in the
preceding paragraph, all without prejudice to the criminal prosecution of the person
responsible for the said violation;

(u) Appoint such technical, administrative and other personnel as may be necessary
for the effective implementation of this Act, subject to the Civil Service Law and its
rules and regulations;

(v) Establish a regular and continuing consultation with concerned government

agencies and medical professional organizations to determine if balance exists in
policies, procedures, rules and regulations on dangerous drugs and to provide
recommendations on how the lawful use of dangerous drugs can be improved and
facilitated; and

(w) Submit an annual and periodic reports to the President, the Congress of the
Philippines and the Senate and House of Representatives committees concerned
as may be required from time to time, and perform such other functions as may be
authorized or required under existing laws and as directed by the President
himself/herself or as recommended by the congressional committees concerned.

Section 82. Creation of the Philippine Drug Enforcement Agency (PDEA). – To

carry out the provisions of this Act, the PDEA, which serves as the implementing
arm of the Board, and shall be responsible for the efficient and effective law
enforcement of all the provisions on any dangerous drug and/or controlled precursor
and essential chemical as provided in this Act.

The PDEA shall be headed by a Director General with the rank of Undersecretary,
who shall be responsible for the general administration and management of the
Agency. The Director General of the PDEA shall be appointed by the President of
the Philippines and shall perform such other duties that may be assigned to him/her.
He/she must possess adequate knowledge, training and experience in the field of
dangerous drugs, and in any of the following fields: law enforcement, law, medicine,
criminology, psychology or social work.

The Director General of the PDEA shall be assisted in the performance of his/her
duties and responsibilities by two (2) deputies director general with the rank of
Assistant Secretary; one for Operations and the other one for Administration. The
two (2) deputies director general shall likewise be appointed by the President of the
Philippines upon recommendation of the Board. The two (2) deputies director
general shall possess the same qualifications as those of the Director General of
the PDEA. The Director General and the two (2) deputies director general shall
receive the compensation and salaries as prescribed by law.

Section 83. Organization of the PDEA. – The present Secretariat of the National

Drug Law Enforcement and Prevention Coordinating Center as created by
Executive Order No. 61 shall be accordingly modified and absorbed by the PDEA.

The Director General of the PDEA shall be responsible for the necessary changes
in the organizational set-up which shall be submitted to the Board for approval.
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For purposes of carrying out its duties and powers as provided for in the succeeding
Section of this Act, the PDEA shall have the following Services, namely: Intelligence
and Investigation; International Cooperation and Foreign Affairs; Preventive
Education and Community Involvement; Plans and Operations; Compliance; Legal
and Prosecution; Administrative and Human Resource; Financial Management;
Logistics Management; and Internal Affairs.

The PDEA shall establish and maintain regional offices in the different regions of
the country which shall be responsible for the implementation of this Act and the
policies, programs, and projects of said agency in their respective regions.

Section 84. Powers and Duties of the PDEA. – The PDEA shall:

(a) Implement or cause the efficient and effective implementation of the national
drug control strategy formulated by the Board thereby carrying out a national drug
campaign program which shall include drug law enforcement, control and
prevention campaign with the assistance of concerned government agencies;

(b) Undertake the enforcement of the provisions of Article II of this Act relative to the
unlawful acts and penalties involving any dangerous drug and/or controlled
precursor and essential chemical and investigate all violators and other matters
involved in the commission of any crime relative to the use, abuse or trafficking of
any dangerous drug and/or controlled precursor and essential chemical as provided
for in this Act and the provisions of Presidential Decree No. 1619;

(c) Administer oath, issue subpoena and subpoena duces tecum relative to the

conduct of investigation involving the violations of this Act;

(d) Arrest and apprehend as well as search all violators and seize or confiscate, the
effects or proceeds of the crimes as provided by law and take custody thereof, for
this purpose the prosecutors and enforcement agents are authorized to possess
firearms, in accordance with existing laws;

(e) Take charge and have custody of all dangerous drugs and/or controlled
precursors and essential chemicals seized, confiscated or surrendered to any
national, provincial or local law enforcement agency, if no longer needed for
purposes of evidence in court;

(f) Establish forensic laboratories in each PNP office in every province and city in
order to facilitate action on seize or confiscated drugs, thereby hastening its
destruction without delay;

(g) Recommend to the DOJ the forfeiture of properties and other assets of persons
and/or corporations found to be violating the provisions of this Act and in
accordance with the pertinent provisions of the Anti-Money-Laundering Act of 2001;

(h) Prepare for prosecution or cause the filing of appropriate criminal and civil cases
for violation of all laws on dangerous drugs, controlled precursors and essential
chemicals, and other similar controlled substances, and assist, support and
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coordinate with other government agencies for the proper and effective prosecution
of the same;

(i) Monitor and if warranted by circumstances, in coordination with the Philippine

Postal Office and the Bureau of Customs, inspect all air cargo packages, parcels
and mails in the central post office, which appear from the package and address
itself to be a possible importation of dangerous drugs and/or controlled precursors
and essential chemicals, through on-line or cyber shops via the internet or
cyberspace;

(j) Conduct eradication programs to destroy wild or illegal growth of plants from
which dangerous drugs may be extracted;

(k) Initiate and undertake the formation of a nationwide organization which shall
coordinate and supervise all activities against drug abuse in every province, city,
municipality and barangay with the active and direct participation of all such local
government units and nongovernmental organizations, including the citizenry,
subject to the provisions of previously formulated programs of action against
dangerous drugs;

(l) Establish and maintain a national drug intelligence system in cooperation with
law enforcement agencies, other government agencies/offices and local
government units that will assist in its apprehension of big-time drug lords;

(m) Establish and maintain close coordination, cooperation and linkages with
international drug control and administration agencies and organizations, and
implement the applicable provisions of international conventions and agreements
related to dangerous drugs to which the Philippines is a signatory;

(n) Create and maintain an efficient special enforcement unit to conduct an

investigation, file charges and transmit evidence to the proper court, wherein
members of the said unit shall possess suitable and adequate firearms for their
protection in connection with the performance of their duties: Provided, That no
previous special permit for such possession shall be required;

(o) Require all government and private hospitals, clinics, doctors, dentists and other
practitioners to submit a report to it, in coordination with the Board, about all
dangerous drugs and/or controlled precursors and essential chemicals which they
have attended to for data and information purposes;

(p) Coordinate with the Board for the facilitation of the issuance of necessary
guidelines, rules and regulations for the proper implementation of this Act;

(q) Initiate and undertake a national campaign for drug prevention and drug control
programs, where it may enlist the assistance of any department, bureau, office,
agency or instrumentality of the government, including government-owned and or –
controlled corporations, in the anti-illegal drugs drive, which may include the use of
their respective personnel, facilities, and resources for a more resolute detection
and investigation of drug-related crimes and prosecution of the drug traffickers; and
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(r) Submit an annual and periodic reports to the Board as may be required from time
to time, and perform such other functions as may be authorized or required under
existing laws and as directed by the President himself/herself or as recommended
by the congressional committees concerned.

Section 85. The PDEA Academy. – Upon the approval of the Board, the PDEA
Academy shall be established either in Baguio or Tagaytay City, and in such other
places as may be necessary. The PDEA Academy shall be responsible in the
recruitment and training of all PDEA agents and personnel. The Board shall provide
for the qualifications and requirements of its recruits who must be at least twenty-
one (21) years old, of proven integrity and honesty and a Baccalaureate degree
holder.

The graduates of the Academy shall later comprise the operating units of the PDEA
after the termination of the transition period of five (5) years during which all the
intelligence network and standard operating procedures of the PDEA has been set
up and operationalized.

The Academy shall be headed by a Superintendent, with the rank of Director.

He/she shall be appointed by the PDEA Director General.

Section 86. Transfer, Absorption, and Integration of All Operating Units on Illegal

Drugs into the PDEA and Transitory Provisions. – The Narcotics Group of the PNP,
the Narcotics Division of the NBI and the Customs Narcotics Interdiction Unit are
hereby abolished; however they shall continue with the performance of their task as
detail service with the PDEA, subject to screening, until such time that the
organizational structure of the Agency is fully operational and the number of
graduates of the PDEA Academy is sufficient to do the task themselves: Provided,
That such personnel who are affected shall have the option of either being
integrated into the PDEA or remain with their original mother agencies and shall,
thereafter, be immediately reassigned to other units therein by the head of such
agencies. Such personnel who are transferred, absorbed and integrated in the
PDEA shall be extended appointments to positions similar in rank, salary, and other
emoluments and privileges granted to their respective positions in their original
mother agencies.

The transfer, absorption and integration of the different offices and units provided
for in this Section shall take effect within eighteen (18) months from the effectivity of
this Act: Provided, That personnel absorbed and on detail service shall be given
until five (5) years to finally decide to join the PDEA.

Nothing in this Act shall mean a diminution of the investigative powers of the NBI
and the PNP on all other crimes as provided for in their respective organic
laws: Provided, however, That when the investigation being conducted by the NBI,
PNP or any ad hoc anti-drug task force is found to be a violation of any of the
provisions of this Act, the PDEA shall be the lead agency. The NBI, PNP or any of
the task force shall immediately transfer the same to the PDEA: Provided, further,
That the NBI, PNP and the Bureau of Customs shall maintain close coordination
with the PDEA on all drug related matters.
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ARTICLE X

Appropriations, Management of Funds and Annual Report

Section 87. Appropriations. – The amount necessary for the operation of the Board
and the PDEA shall be charged against the current year's appropriations of the
Board, the National Drug Law Enforcement and Prevention Coordinating Center,
the Narcotics Group of the PNP, the Narcotics Division of the NBI and other drug
abuse units of the different law enforcement agencies integrated into the PDEA in
order to carry out the provisions of this Act. Thereafter, such sums as may be
necessary for the continued implementation of this Act shall be included in the
annual General Appropriations Act.

All receipts derived from fines, fees and other income authorized and imposed in
this Act, including ten percent (10%) of all unclaimed and forfeited sweepstakes and
lotto prizes but not less than twelve million pesos (P12,000,000.00) per year from
the Philippine Charity Sweepstakes Office (PCSO), are hereby constituted as a
special account in the general fund for the implementation of this Act: Provided,
That no amount shall be disbursed to cover the operating expenses of the Board
and other concerned agencies: Provided, further, That at least fifty percent (50%) of
all the funds shall be reserved for assistance to government-owned and/or operated
rehabilitation centers.

The fines shall be remitted to the Board by the court imposing such fines within
thirty (30) days from the finality of its decisions or orders. The unclaimed and
forfeited prizes shall be turned over to the Board by the PCSO within thirty (30) days
after these are collected and declared forfeited.

A portion of the funds generated by the Philippine Amusement and Gaming

Corporation (PAGCOR) in the amount of Five million pesos (P5,000,000.00) a
month shall be set aside for the purpose of establishing adequate drug rehabilitation
centers in the country and also for the maintenance and operations of such
centers: Provided, That the said amount shall be taken from the fifty percent (50%)
share of the National Government in the income of PAGCOR: Provided, further,
That the said amount shall automatically be remitted by PAGCOR to the Board. The
amount shall, in turn, be disbursed by the Dangerous Drugs Board, subject to the
rules and regulations of the Commission on Audit (COA).

The fund may be augmented by grants, donations, and endowment from various
sources, domestic or foreign, for purposes related to their functions, subject to the
existing guidelines set by the government.

Section 88. Management of Funds Under this Act; Annual Report by the Board and
the PDEA. – The Board shall manage the funds as it may deem proper for the
attainment of the objectives of this Act. In addition to the periodic reports as may be
required under this Act, the Chairman of the Board shall submit to the President of
the Philippines and to the presiding officers of both houses of Congress, within
fifteen (15) days from the opening of the regular session, an annual report on the
dangerous drugs situation in the country which shall include detailed account of the
programs and projects undertaken, statistics on crimes related to dangerous drugs,
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expenses incurred pursuant to the provisions of this Act, recommended remedial

legislation, if needed, and such other relevant facts as it may deem proper to cite.

Section 89. Auditing the Accounts and Expenses of the Board and the PDEA. – All
accounts and expenses of the Board and the PDEA shall be audited by the COA or
its duly authorized representative.

ARTICLE XI

Jurisdiction Over Dangerous Drugs Cases

Section 90. Jurisdiction. – The Supreme Court shall designate special courts from
among the existing Regional Trial Courts in each judicial region to exclusively try
and hear cases involving violations of this Act. The number of courts designated in
each judicial region shall be based on the population and the number of cases
pending in their respective jurisdiction.

The DOJ shall designate special prosecutors to exclusively handle cases involving
violations of this Act.

The preliminary investigation of cases filed under this Act shall be terminated within
a period of thirty (30) days from the date of their filing.

When the preliminary investigation is conducted by a public prosecutor and a

probable cause is established, the corresponding information shall be filed in court
within twenty-four (24) hours from the termination of the investigation. If the
preliminary investigation is conducted by a judge and a probable cause is found to
exist, the corresponding information shall be filed by the proper prosecutor within
forty-eight (48) hours from the date of receipt of the records of the case.

Trial of the case under this Section shall be finished by the court not later than sixty
(60) days from the date of the filing of the information. Decision on said cases shall
be rendered within a period of fifteen (15) days from the date of submission of the
case for resolution.

Section 91. Responsibility and Liability of Law Enforcement Agencies and other

Government Officials and Employees in Testifying as Prosecution Witnesses in
Dangerous Drugs Cases. – Any member of law enforcement agencies or any other
government official and employee who, after due notice, fails or refuses intentionally
or negligently, to appear as a witness for the prosecution in any proceedings,
involving violations of this Act, without any valid reason, shall be punished with
imprisonment of not less than twelve (12) years and one (1) day to twenty (20)
years and a fine of not less than Five hundred thousand pesos (P500,000.00), in
addition to the administrative liability he/she may be meted out by his/her immediate
superior and/or appropriate body.

The immediate superior of the member of the law enforcement agency or any other
government employee mentioned in the preceding paragraph shall be penalized
with imprisonment of not less than two (2) months and one (1) day but not more
than six (6) years and a fine of not less than Ten thousand pesos (P10,000.00) but
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not more than Fifty thousand pesos (P50,000.00) and in addition, perpetual
absolute disqualification from public office if despite due notice to them and to the
witness concerned, the former does not exert reasonable effort to present the latter
to the court.

The member of the law enforcement agency or any other government employee
mentioned in the preceding paragraphs shall not be transferred or re-assigned to
any other government office located in another territorial jurisdiction during the
pendency of the case in court. However, the concerned member of the law
enforcement agency or government employee may be transferred or re-assigned for
compelling reasons: Provided, That his/her immediate superior shall notify the court
where the case is pending of the order to transfer or re-assign, within twenty-four
(24) hours from its approval; Provided, further, That his/her immediate superior shall
be penalized with imprisonment of not less than two (2) months and one (1) day but
not more than six (6) years and a fine of not less than Ten thousand pesos
(P10,000.00) but not more than Fifty thousand pesos (P50,000.00) and in addition,
perpetual absolute disqualification from public office, should he/she fail to notify the
court of such order to transfer or re-assign.

Prosecution and punishment under this Section shall be without prejudice to any
liability for violation of any existing law.

Section 92. Delay and Bungling in the Prosecution of Drug Cases. – Any

government officer or employee tasked with the prosecution of drug-related cases
under this act, who, through patent laxity, inexcusable neglect, unreasonable delay
or deliberately causes the unsuccessful prosecution and/or dismissal of the said
drug cases, shall suffer the penalty of imprisonment ranging from twelve (12) years
and one (1) day to twenty (20) years without prejudice to his/her prosecution under
the pertinent provisions of the Revised Penal Code.

Section 93. Reclassification, Addition or Removal of Any Drug from the List of

Dangerous Drugs. – The Board shall have the power to reclassify, add to or remove
from the list of dangerous drugs. Proceedings to reclassify, add, or remove a drug
or other substance may be initiated by the PDEA, the DOH, or by petition from any
interested party, including the manufacturer of a drug, a medical society or
association, a pharmacy association, a public interest group concerned with drug
abuse, a national or local government agency, or an individual citizen. When a
petition is received by the Board, it shall immediately begin its own investigation of
the drug. The PDEA also may begin an investigation of a drug at any time based
upon the information received from law enforcement laboratories, national and local
law enforcement and regulatory agencies, or other sources of information.

The Board after notice and hearing shall consider the following factors with respect
to each substance proposed to be reclassified, added or removed from control:

(a) Its actual or relative potential for abuse;

(b) Scientific evidence of its pharmacological effect if known;

(c) The state of current scientific knowledge regarding the drug or other substance;
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(d) Its history and current pattern of abuse;

(e) The scope, duration, and significance of abuse;

(f) Risk to public health; and

(g) Whether the substance is an immediate precursor of a substance already

controlled under this Act.

The Board shall also take into accord the obligations and commitments to
international treaties, conventions and agreements to which the Philippines is a
signatory.

The Dangerous Drugs Board shall give notice to the general public of the public
hearing of the reclassification, addition to or removal from the list of any drug by
publishing such notice in any newspaper of general circulation once a week for two
(2) weeks.

The effect of such reclassification, addition or removal shall be as follows:

(a) In case a dangerous drug is reclassified as precursors and essential chemicals,

the penalties for the violations of this Act involving the two latter categories of drugs
shall, in case of conviction, be imposed in all pending criminal prosecutions;

(b) In case a precursors and essential chemicals is reclassified as dangerous drug,

the penalties for violations of the Act involving precursors and essential chemicals
shall, in case of conviction, be imposed in all pending criminal prosecutions;

(c) In case of the addition of a new drug to the list of dangerous drugs and
precursors and essential chemicals, no criminal liability involving the same under
this Act shall arise until after the lapse of fifteen (15) days from the last publication
of such notice;

(d) In case of removal of a drug from the list of dangerous drugs and precursors and
essential chemicals, all persons convicted and/or detained for the use and/or
possession of such a drug shall be automatically released and all pending criminal
prosecution involving such a drug under this Act shall forthwith be dismissed; and

(e) The Board shall, within five (5) days from the date of its promulgation submit to
Congress a detailed reclassification, addition, or removal of any drug from the list of
dangerous drugs.

ARTICLE XII

Implementing Rules and Regulations

Section 94. Implementing Rules and Regulations. – The present Board in

consultation with the DOH, DILG, DOJ, DepEd, DSWD, DOLE, PNP, NBI,
PAGCOR and the PCSO and all other concerned government agencies shall
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promulgate within sixty (60) days the Implementing Rules and Regulations that shall
be necessary to implement the provisions of this Act.

ARTICLE XIII

Final Provisions

Section 95. Congressional Oversight Committee. – There is hereby created a

Congressional Oversight Committee composed of seven (7) Members from the
Senate and seven (7) Members from the House of Representatives. The Members
from the Senate shall be appointed by the Senate President based on the
proportional representation of the parties or coalitions therein with at least two (2)
Senators representing the Minority. The Members from the House of
Representatives shall be appointed by the Speaker, also based on proportional
representation of the parties or coalitions therein with at least two (2) Members
representing the Minority.

The Committee shall be headed by the respective Chairpersons of the Senate

Committee on Public Order and Illegal Drugs and the House of Representatives
Committee on Dangerous Drugs.

Section 96. Powers and Functions of the Oversight Committee. – The Oversight

Committee on Dangerous Drugs shall, in aid of legislation, perform the following
functions, among others:

(a) To set the guidelines and overall framework to monitor and ensure the proper
implementation of this Act;

(b) To ensure transparency and require the submission of reports from government
agencies concerned on the conduct of programs, projects and policies relating to
the implementation of this act;

(c) To approve the budget for the programs of the Oversight Committee on
Dangerous Drugs and all disbursements therefrom, including compensation of all
personnel;

(d) To submit periodic reports to the President of the Philippines and Congress on
the implementation of the provisions of this Act;

(e) To determine inherent weaknesses in the law and recommend the necessary
remedial legislation or executive measures; and

(f) To perform such other duties, functions and responsibilities as may be necessary
to effectively attain the objectives of this Act.

Section 97. Adoption of Committee Rules and Regulations, and Funding. – The

Oversight Committee on Dangerous Drugs shall adopt its internal rules of
procedure, conduct hearings and receive testimonies, reports, and technical advice,
invite or summon by subpoena ad testificandum any public official, private citizen, or
any other person to testify before it, or require any person by subpoena duces
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tecum documents or other materials as it may require consistent with the provisions

of this Act.

The Oversight Committee on Dangerous Drugs shall be assisted by a secretariat to

be composed by personnel who may be seconded from the Senate and the House
of Representatives and may retain consultants.

To carry out the powers and functions of the Oversight Committee on Dangerous
Drugs, the initial sum of Twenty-five million pesos (P25,000,000.00) shall be
charged against the current appropriations of the Senate. Thereafter, such amount
necessary for its continued operations shall be included in the annual General
Appropriations Act.

The Oversight Committee on Dangerous Drugs shall exist for a period of ten (10)
years from the effectivity of this Act and may be extended by a joint concurrent
resolution.

Section 98. Limited Applicability of the Revised Penal Code. – Notwithstanding any

law, rule or regulation to the contrary, the provisions of the Revised Penal Code (Act
No. 3814), as amended, shall not apply to the provisions of this Act, except in the
case of minor offenders. Where the offender is a minor, the penalty for acts
punishable by life imprisonment to death provided herein shall be reclusion
perpetua to death.

Section 99. Separability Clause. – If for any reason any section or provision of this
Act, or any portion thereof, or the application of such section, provision or portion
thereof to any person, group or circumstance is declared invalid or unconstitutional,
the remainder of this Act shall not be affected by such declaration and shall remain
in force and effect.

Section 100. Repealing Clause. – Republic Act No. 6425, as amended, is hereby

repealed and all other laws, administrative orders, rules and regulations, or parts
thereof inconsistent with the provisions of this Act, are hereby repealed or modified
accordingly.

Section 101. Amending Clause. – Republic Act No. 7659 is hereby amended

accordingly.

Section 102. Effectivity. – This Act shall take effect fifteen (15) days upon its
publication in at least two (2) national newspapers of general circulation.

Plea Bargaining On Drug Cases

The Supreme Court, during its En Banc deliberations on July 26, 2022, reaffirmed
the primacy and exclusivity of its rule-making power under the Constitution, and
guaranteed its precedence in governing over the plea bargaining process in drugs
cases.
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In the consolidated cases of People v. Montierro, (G.R No. 254564), Baldadera v.

People (G.R. No. 254564); and Re: Letter of the Philippine Judges Association
Expressing its Concern over the Ramifications of the Decisions in G.R. No. 247575
and G.R. No. 250295 (A.M. No. 21-07-16-SC), the Supreme Court En
Banc underscored the stability and independence of the Court and its rule-making
power in resolving the conflict between Department of Justice (DOJ) Circular No.
27, which prohibits plea bargaining for illegal sale of dangerous drugs to the lesser
offense of illegal possession of drug paraphernalia under Republic Act No. 9165, or
the Comprehensive Dangerous Drugs Act of 2002, and the SC’s Resolution in A.M.
No. 18-03-16-SC adopting the Plea Bargaining Framework in Drugs Cases.

Holding that plea bargaining in the prosecution of drugs cases goes into the very
matters of fundamental constitutional rights, the Court resolved to clarify the
guidelines it earlier issued in A.M. No. 18-03-16-SC, dated April 10, 2018. Hence,
while the Supreme Court takes judicial notice of the DOJ’s efforts to amend DOJ
Circular No. 27 to conform with the Plea Bargaining Framework in Drugs Cases, the
Court nevertheless issues the following guidelinesfor the guidance of both the
Bench and the Bar:

1. Offers for plea bargaining must be initiated in writing by way of a formal written
motion filed by the accused in court.
2. The lesser offense which the accused proposes to plead guilty to must
necessarily be included in the offense charged.
3. Upon receipt of the proposal for plea bargaining that is compliant with the
provisions of the Court’s Plea Bargaining Framework in Drugs Cases, the judge
shall order that a drug dependency assessment be administered. If the accused
admits drug use, or denies it but is found positive after a drug dependency test,
then he/she shall undergo treatment and rehabilitation for a period of not less
than six (6) months. Said period shall be credited to his/her penalty and the
period of his/her after-care and follow-up program if the penalty is still unserved.
If the accused is found negative for drug use/dependency, then he/she will be
released on time served, otherwise, he/she will serve his/her sentence in jail
minus the counselling period at the rehabilitation center.
4. As a rule, plea bargaining requires the mutual agreement of the parties and
remains subject to the approval of the court. Regardless of the mutual agreement
of the parties, the acceptance of the offer to plead guilty to a lesser offense is not
demandable by the accused as a matter of right but is a matter addressed
entirely to the sound discretion of the court.
1. Though the prosecution and the defense may agree to enter into a plea
bargain, it does not follow that the courts will automatically approve the
proposal. Judges must still exercise sound discretion in granting or denying
plea bargaining, taking into account the relevant circumstances, including the
character of the accused.
5. The court shall not allow plea bargaining if the objection to the plea bargaining is
valid and supported by evidence to the effect that:
1. the offender is a recidivist, habitual offender, known in the community as a
drug addict and a troublemaker, has undergone rehabilitation but had a
relapse, or has been charged many times; or
2. when the evidence of guilt is strong.
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6. Plea bargaining in drugs cases shall not be allowed when the proposed plea
bargain does not conform to the Court-issued Plea Bargaining Framework in
Drugs Cases.
7. Judges may overrule the objection of the prosecution if it is based solely on the
ground that the accused’s plea bargaining proposal is inconsistent with the
acceptable plea bargain under any internal rules or guidelines of the DOJ,
though in accordance with the plea bargaining framework issued by the Court, if
any.
8. If the prosecution objects to the accused’s plea bargaining proposal due tothe
circumstances enumerated in item no. 5, the trial court is mandated tohear the
prosecution’s objection and rule on the merits thereof. If the trialcourt finds the
objection meritorious, it shall order the continuation of the criminal proceedings.
9. If an accused applies for probation in offenses punishable under RA No. 9165,
other than for illegal drug trafficking or pushing under Section 5 in relation to
Section 24 thereof, then the law on probation shall apply.

The Supreme Court Public Information Office will upload a copy of the Court’s
Decision to the SC website once it receives an official copy from the Office of the
Clerk Court En Banc.

Case Digest: Salvador A. Estipona, Jr., Petitioner, Vs. Hon. Frank E. Lobrigo,
Presiding Judge Of The Regional Trial Court Of Legazpi City, Branch 3, And
People Of The Philippines, Respondents.

Facts: Estipona Was Charged With An Offense Under Ra 9165. He Wants To Enter

Into a Plea Bargaining Agreement But Judge Lobrigo Did Not Allow Him To Do So
Because Section 23 Specifically Prohibits Plea Bargaining In Drugs Cases.
Estipona Argues That Section 23 Is Unconstitutional.

Issue: Is Section 23 Of Ra 9165, Which Prohibits Plea-Bargaining In Drugs Cases,

Unconstitutional?

Held: Yes, Section 23 Of Ra 9165 Is Unconstitutional For Two Reasons. First, It

Violates The Equal Protection Clause Since Other Criminals (Rapists, Murderers,
Etc.) Are Allowed To Plea Bargain but drug offenders are not, considering that rape
and murder are more heinous than drug offenses. Second, it violates the doctrine of
separation of powers by encroaching upon the rule-making power of the Supreme
Court under the constitution. Plea-bargaining is procedural in nature and it is within
the sole prerogative of the Supreme Court.

Republic Act No. 11479. Anti-Terrorism Act of 2020

The Anti-Terrorism Act of 2020, officially designated as Republic Act No. 11479, is

a counter-terrorism law intended to prevent, prohibit, and penalize terrorism in the
Philippines.[1] The law was passed by the 18th Congress and signed by
President Rodrigo Duterte on July 3, 2020, effectively replacing the Human Security
Act of 2007 on July 18, 2020.[2][3]
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A total of 37 petitions were filed before the Supreme Court of the

Philippines challenging the law's constitutionality, making it the most assailed piece
of legislation in Philippine history. On December 9, 2021, the Court announced that
apart from two unconstitutional portions of the law, all other challenged provisions
thereof are declared not unconstitutional

Definition of terrorism
The Act defines terrorism as:

 Engaging in acts intended to cause death or serious bodily injury to any person
or endangers a person's life;
 Engaging in acts intended to cause extensive damage or destruction to a
government or public facility, public place, or private property;
 Engaging in acts intended to cause extensive interference with, damage, or
destruction to critical infrastructure;
 Developing, manufacturing, possessing, acquiring, transporting, supplying, or
using weapons; and
 Releasing dangerous substances or causing fire, floods or explosions when the
purpose is to intimidate the general public, create an atmosphere to spread a
message of fear, provoke or influence by intimidation the government or any
international organization, seriously destabilize or destroy the fundamental
political, economic, or social structures in the country, or create a public
emergency or seriously undermine public safety[1]
The definition states that "advocacy, protest, dissent, stoppage of work, industrial or
mass action, and other similar exercises of civil and political rights" shall not be
considered as terrorist acts only if they "are not intended to cause death or serious
physical harm to a person, to endanger a person's life, or to create a serious risk to
public safety."
Creation of Anti-Terrorism Council
The law also creates a presidentially-appointed body, the Anti-Terrorism Council
(ATC), which would designate the persons who could be arrested as "terrorists."[5]
Because of other provisions of the law. these persons could be detained for up to
24 days (14 days with a possible 10-day extension),[6] and would not be
automatically compensated for wrongful imprisonment as they originally were under
the Human Security Act of 2007.
Warrantless arrest
The law allows suspects to be detained without a judicial warrant of arrest for 14
days and can be extended by 10 more days, and placed under surveillance for 60
days, that can also be extended by up to 30 days, by the police or military. [6] But an
analyst argues that this provision is essential for counterterrorism to "allow more
time for investigators to get valuable information from the terror suspect. A longer
detention period can also provide ample time to facilitate interrogation. It can also
incapacitate the suspected terrorist from wreaking havoc. Most importantly, longer
preventive detention can lawfully hold suspect when usual criminal charges cannot
be filed for some technical considerations."[8]
Removal of safeguard against wrongful detention
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The Anti-Terrorism Act of 2020 also removes a section under the Human Security
Act of 2007 which is meant to safeguard against the wrongful accusation and
detention of suspects. Previously, if a person imprisoned under the HSA were found
to actually not be guilty, that person would be compensated for wrongful detention,
with the cost "automatically charged against the appropriations of the police agency
or the Anti-Terrorism Council that brought or sanctioned the filing of the charges
against the accused."
Under the new law, a wrongfully detained person would have to file a suit against
the government in order to get any remuneration for having been wrongfully
accused.

Republic Act No. 10591

An Act Providing For A Comprehensive Law On Firearms And Ammunition

And Providing Penalties For Violations Thereof

Be it enacted by the Senate and House of Representatives of the Philippines in

Congress assembled:

ARTICLE I

TITLE, DECLARATION OF POLICY AND

DEFINITION OF TERMS

SECTION 1. Short Title. – This Act shall be known as the “Comprehensive Firearms
and Ammunition Regulation Act”.

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

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

(a) Accessories refer to parts of a firearm which may enhance or increase the

operational efficiency or accuracy of a firearm but will not constitute any of the major
or minor internal parts thereof such as, hut not limited to, laser scope, telescopic
sight and sound suppressor or silencer.

(b) Ammunition refers to a complete unfixed unit consisting of a bullet, gunpowder,

cartridge case and primer or loaded shell for use in any firearm.
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(c) Antique firearm refers to any: (1) firearm which was manufactured at least

seventy-five (75) years prior to the current date but not including replicas; (2)
firearm which is certified by the National Museum of the Philippines to be curio or
relic of museum interest; and (3) any other firearm which derives a substantial part
of its monetary value from the fact that it is novel, rare, bizarre or because of its
association with some historical figure, period or event.

(d) Arms smuggling refers to the import, export, acquisition, sale, delivery,

movement or transfer of firearms, their parts and components and ammunition, from
or across the territory of one country to that of another country which has not been
authorized in accordance with domestic law in either or both country/countries.

(e) Authority to import refers to a document issued by the Chief of the Philippine

National Police (PNP) authorizing the importation of firearms, or their parts,
ammunition and other components.

(f) Authorized dealer refers to any person, legal entity, corporation, partnership or

business entity duly licensed by the Firearms and Explosive Office (FEO) of the
PNP to engage in the business of buying and selling ammunition, firearms or parte
thereof, at wholesale or retail basis.

(g) Authorized importer refers to any person, legal entity, corporation, partnership or

business duly licensed by the FEO of the PNP to engage in the business of
importing ammunition and firearms, or parts thereof into the territory of the Republic
of the Philippines for purposes of sale or distribution under the provisions of this Act.

(h) Authorized manufacturer refers to any person, legal entity, corporation, or

partnership duly licensed by the FEO of the PNP to engage in the business of
manufacturing firearms, and ammunition or parts thereof for purposes of sale or
distribution.

(i) Confiscated firearm refers to a firearm that is taken into custody by the PNP,

National Bureau of Investigation (NBI), Philippine Drug Enforcement Agency
(PDEA), and all other law enforcement agencies by reason of their mandate and
must be necessarily reported or turned over to the PEO of the PNP.

(j) Demilitarized firearm refers to a firearm deliberately made incapable of

performing its main purpose of firing a projectile.

(k) Duty detail order refers to a document issued by the juridical entity or employer

wherein the details of the disposition of firearm is spelled-out, thus indicating the
name of the employee, the firearm information, the specific duration and location of
posting or assignment and the authorized bonded firearm custodian for the juridical
entity to whom such firearm is turned over after the lapse of the order.

(l) Firearm refers to any handheld or portable weapon, whether a small arm or light

weapon, that expels or is designed to expel a bullet, shot, slug, missile or any
projectile, which is discharged by means of expansive force of gases from burning
gunpowder or other form of combustion or any similar instrument or implement. For
purposes of this Act, the barrel, frame or receiver is considered a firearm.
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(m) Firearms Information Management System (FIMS) refers to the compilation of

all data and information on firearms ownership and disposition for record purposes.

(n) Forfeited firearm refers to a firearm that is subject to forfeiture by reason of court

order as accessory penalty or for the disposition by the FEO of the PNP of firearms
considered as abandoned, surrendered, confiscated or revoked in compliance with
existing rules and regulations.

(o) Gun club refers to an organization duly registered with and accredited in good

standing by the FEO of the PNP which is established for the purpose of propagating
responsible and safe gun ownership, proper appreciation and use of firearms by its
members, for the purpose of sports and shooting competition, self-defense and
collection purposes.

(p) Gunsmith refers to any person, legal entity, corporation, partnership or business

duly licensed by the FEO of the PNP to engage in the business of repairing firearms
and other weapons or constructing or assembling firearms and weapons from
finished or manufactured parts thereof on a per order basis and not in commercial
quantities or of making minor parts for the purpose of repairing or assembling said
firearms or weapons.

(q) Imitation firearm refers to a replica of a firearm, or other device that is so

substantially similar in coloration and overall appearance to an existing firearm as to
lead a reasonable person to believe that such imitation firearm is a real firearm.

(r) Licensed citizen refers to any Filipino who complies with the qualifications set
forth in this Act and duly issued with a license to possess or to carry firearms
outside of the residence in accordance with this Act.

(s) Licensed, juridical entity refers to corporations, organizations, businesses

including security agencies and local government units (LGUs) which are licensed
to own and possess firearms in accordance with this Act.

(t) Light weapons are: Class-A Light weapons which refer to self-loading pistols,

rifles and carbines, submachine guns, assault rifles and light machine guns not
exceeding caliber 7.62MM which have fully automatic mode; and Class-B Light
weapons which refer to weapons designed for use by two (2) or more persons
serving as a crew, or rifles and machine guns exceeding caliber 7.62MM such as
heavy machine guns, handheld underbarrel and mounted grenade launchers,
portable anti-aircraft guns, portable anti-tank guns, recoilless rifles, portable
launchers of anti-tank missile and rocket systems, portable launchers of anti-aircraft
missile systems, and mortars of a caliber of less than 100MM.

(u) Long certificate of registration refers to licenses issued to government agencies

or offices or government-owned or -controlled corporations for firearms to be used
by their officials and employees who are qualified to possess firearms as provider in
this Act, excluding security guards.

(v) Loose firearm refers to an unregistered firearm, an obliterated or altered firearm,

firearm which has been lost or stolen, illegally manufactured firearms, registered
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firearms in the possession of an individual other than the licensee and those with
revoked licenses in accordance with the rules and regulations.

(w) Major part or components of a firearm refers to the barrel, slide, frame, receiver,

cylinder or the bolt assembly. The term also includes any part or kit designed and
intended for use in converting a semi-automatic burst to a full automatic firearm.

(x) Minor parts of a firearm refers to the parts of the firearm other than the major
parts which are necessary to effect and complete the action of expelling a projectile
by way of combustion, except those classified as accessories.

(y) Permit to carry firearm outside of residence refers to a written authority issued to

a licensed citizen by the Chief of the PNP which entitles such person to carry
his/her registered or lawfully issued firearm outside of the residence for the duration
and purpose specified in the authority.

(z) Permit to transport firearm refers to a written authority issued to a licensed

citizen or entity by the Chief of the PNP or by a PNP Regional Director which
entitles such person or entity to transport a particular firearm from and to a specific
location within the duration and purpose in the authority.

(aa) Residence refers to the place or places of abode of the licensed citizen as

indicated in his/her license.

(bb) Shooting range refers to a facility established for the purpose of firearms

training and skills development, firearm testing, as well as for sports and
competition shooting either for the exclusive use of its members or open to the
general public, duly registered with and accredited in good standing by the FEO of
the PNP.

(cc) Short certificate of registration refers to a certificate issued by the FEO of the

PNP for a government official or employee who was issued by his/her employer
department, agency or government-owned or -controlled corporation a firearm
covered by the long certificate of registration.

(dd) Small arms refer to firearms intended to be or primarily designed for individual

use or that which is generally considered to mean a weapon intended to be fired
from the hand or shoulder, which are not capable of fully automatic bursts of
discharge, such as:

(1) Handgun which is a firearm intended to be fired from the hand, which includes:

(i) A pistol which is a hand-operated firearm having a chamber integral with or

permanently aligned with the bore which may be self-loading; and

(ii) Revolver which is a hand-operated firearm with a revolving cylinder containing

chambers for individual cartridges.
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(2) Rifle which is a shoulder firearm or designed to be fired from the shoulder that
can discharge a bullet through a rifled barrel by different actions of loading, which
may be classified as lever, bolt, or self-loading; and

(3) Shotgun which is a weapon designed, made and intended to fire a number of
ball shots or a single projectile through a smooth bore by the action or energy from
burning gunpowder.

(ee) Sports shooting competition refers to a defensive, precision or practical sport

shooting competition duly authorized by the FEO of the PNP.

(ff) Tampered, obliterated or altered firearm refers to any firearm whose serial

number or other identification or ballistics characteristics have been intentionally
tampered with, obliterated or altered without authority or in order to conceal its
source, identity or ownership.

(gg) Thermal weapon sight refers to a battery operated, uncooled thermal imaging

device which amplifies available thermal signatures so that the viewed scene
becomes clear to the operator which is used to locate and engage targets during
daylight and from low light to total darkness and operates in adverse conditions
such as light rain, light snow, and dry smoke or in conjunction with other optical and
red dot sights.

ARTICLE II

OWNERSHIP AND POSSESSION OF FIREARMS

SEC. 4. Standards and Requisites for Issuance of and Obtaining a License to Own
and Possess Firearms. – In order to qualify and acquire a license to own and
possess a firearm or firearms and ammunition, the applicant must be a Filipino
citizen, at least twenty-one (21) years old and has gainful work, occupation or
business or has filed an Income Tax Return (ITR) for the preceding year as proof of
income, profession, business or occupation.

In addition, the applicant shall submit the following certification issued by

appropriate authorities attesting the following:

(a) The applicant has not been convicted of any crime involving moral turpitude:

(b) The applicant has passed the psychiatric test administered by a PNP-accredited
psychologist or psychiatrist;

(c) The applicant has passed the drug test conducted by an accredited and
authorized drug testing laboratory or clinic;

(d) The applicant has passed a gun safety seminar which is administered by the
PNP or a registered and authorized gun club;

(e) The applicant has filed in writing the application to possess a registered firearm
which shall state the personal circumstances of the applicant;
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(f) The applicant must present a police clearance from the city or municipality police
office; and

(g) The applicant has not been convicted or is currently an accused in a pending
criminal case before any court of law for a crime that is punishable with a penalty of
more than two (2) years.

For purposes of this Act, an acquittal or permanent dismissal of a criminal case

before the courts of law shall qualify the accused thereof to qualify and acquire a
license.

The applicant shall pay the reasonable licensing fees as may be provided in the
implementing rules and regulations of this Act.

An applicant who intends to possess a firearm owned by a juridical entity shall

submit his/her duty detail order to the FEO of the PNP.

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

person maintaining its own security force may be issued a regular license to own
and possess firearms and ammunition under the following conditions:

(a) It must be Filipino-owned and duly registered with the Securities and Exchange
Commission (SEC);

(b) It is current, operational and a continuing concern;

(c) It has completed and submitted all its reportorial requirements to the SEC; and

(d) It has paid all its income taxes for the year, as duly certified by the Bureau of
Internal Revenue.

The application shall be made in the name of the juridical person represented by its
President or any of its officers mentioned below as duly authorized in a board
resolution to that effect: Provided, That the officer applying for the juridical entity,
shall possess all the qualifications required of a citizen applying for a license to
possess firearms.

Other corporate officers eligible to represent the juridical person are: the vice
president, treasurer, and board secretary.

Security agencies and LGUs shall be included in this category of licensed holders
but shall be subject to additional requirements as may be required by the Chief of
the PNP.

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

by the National Government shall be registered with the FEO of the PNP in the
name of the Republic of the Philippines. Such registration shall be exempt from all
duties and taxes that may otherwise be levied on other authorized owners of
firearms. For reason of national security, firearms of the Armed Forces of the
 134

Philippines (AFP), Coast Guard and other law enforcement agencies shall only be
reported to the FEO of the PNP.

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

to carry firearms outside of residence shall be issued by the Chief of the PNP or
his/her duly authorized representative to any qualified person whose life is under
actual threat or his/her life is in imminent danger due to the nature of his/her
profession, occupation or business.

It shall be the burden of the applicant to prove that his/her life is under actual threat
by submitting a threat assessment certificate from the PNP.

For purposes of this Act, the following professionals are considered to be in

imminent danger due to the nature of their profession, occupation or business:

(a) Members of the Philippine Bar;

(b) Certified Public Accountants;

(c) Accredited Media Practitioners;

(d) Cashiers, Bank Tellers;

(e) Priests, Ministers, Rabbi, Imams;

(f) Physicians and Nurses;

(g) Engineers; and

(h) Businessmen, who by the nature of their business or undertaking, are exposed
to high risk of being targets of criminal elements.

ARTICLE III

REGISTRATION AND LICENSING

SEC. 8. Authority to Issue License. – The Chief of the PNP, through the FEO of the
PNP, shall issue licenses to qualified individuals and to cause the registration of
firearms.

SEC. 9. Licenses Issued to Individuals. – Subject to the requirements set forth in

this Act and payment of required fees to be determined by the Chief of the PNP, a
qualified individual may be issued the appropriate license under the following
categories;

Type 1 license – allows a citizen to own and possess a maximum of two (2)
registered firearms;

Type 2 license – allows a citizen to own and possess a maximum of five (5)
registered firearms;
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Type 3 license – allows a citizen to own and possess a maximum of ten (10)
registered firearms;

Type 4 license – allows a citizen to own and possess a maximum of fifteen (15)
registered firearms; and

Type 5 license – allows a citizen, who is a certified gun collector, to own and
possess more than fifteen (15) registered firearms.

For Types 1 to 5 licenses, a vault or a container secured by lock and key or other
security measures for the safekeeping of firearms shall be required.

For Types 3 to 5 licenses, the citizen must comply with the inspection and bond
requirements.

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

SEC. 11. Registration of Firearms. – The licensed citizen or licensed juridical entity

shall register his/her/its firearms so purchased with the FEO of the PNP in
accordance with the type of license such licensed citizen or licensed juridical entity
possesses. A certificate of registration of the firearm shall be issued upon payment
of reasonable fees.

For purposes of this Act, registration refers to the application, approval, record-
keeping and monitoring of firearms with the FEO of the PNP in accordance with the
type of license issued to any person under Section 9 of this Act.

SEC. 12. License to Possess Ammunition Necessarily Included. – The licenses

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

SEC. 13. Issuance of License to Manufacture or Deal In Firearms and

Ammunition. – Any person desiring to manufacture or deal in firearms, parts of
firearms or ammunition thereof, or instruments and implements used or intended to
be used in the manufacture of firearms, parts of firearms or ammunition, shall make
an application to:

(a) The Secretary of the Department of the Interior and Local Government (DILG) in
the case of an application for a license to manufacture; and
 136

(b) The Chief of the PNP in the case of a license to deal in firearms and firearms
parts, ammunition and gun repair.

The applicant shall state the amount of capitalization for manufacture or cost of the
purchase and sale of said articles intended to be transacted by such applicant; and
the types of firms, ammunition or implements which the applicant intends to
manufacture or purchase and sell under the license applied for; and such additional
information as may be especially requested by the Secretary of the DILG or the
Chief of the PNP.

The Secretary of the DILG or the Chief of the PNP may approve or disapprove such
application based on the prescribed guidelines. In the case of approval, the
Secretary of the DILG or the Chief of the PNP shall indicate the amount of the bond
to be executed by the applicant before the issuance of the license and the period of
time by which said license shall be effective, unless sooner revoked by their
authority.

Upon approval of the license to manufacture or otherwise deal in firearms by the

Secretary of the DILG or the Chief of the PNP as the case may be, the same shall
be transmitted to the FEO of the PNP which shall issue the license in accordance
with the approved terms and conditions, upon the execution and delivery by the
applicant of the required bond conditioned upon the faithful compliance on the part
of the licensee to the laws and regulations relative to the business licensed.

SEC. 14. Scope of License to Manufacture Firearms and Ammunition. – The scope

of the License to Manufacture firearms and ammunition shall also include the
following:

(a) The authority to manufacture and assemble firearms, ammunition, spare parts
and accessories, ammunition components, and reloading of ammunitions, within
sites, areas, and factories stated therein. The Secretary of the DILG shall approve
such license;

(b) The license to deal in or sell all the items covered by the License to
Manufacture, such as parts, firearms or ammunition and components;

(c) The authority to subcontract the manufacturing of parts and accessories

necessary for the firearms which the manufacturer is licensed to
manufacture: Provided, That the subcontractor of major parts or major components
is also licensed to manufacture firearms and ammunition; and

(d) The authority to import machinery, equipment, and firearm parts and ammunition
components for the manufacture thereof. Firearm parts and ammunition
components to be imported shall, however, be limited to those authorized to be
manufactured as reflected in the approved License to Manufacture. The Import
Permit shall be under the administration of the PNP.

A licensed manufacturer of ammunition is also entitled to import various reference

firearms needed to test the ammunition manufactured under the License to
Manufacture. A licensed manufacturer of firearms, on the other hand, is entitled to
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import various firearms for reference, test and evaluation for manufacture of similar,
types of firearms covered by the License to Manufacture.

An export permit shall, however, be necessary to export manufactured parts or

finished products of firearms and ammunition. The Export Permit of firearms and
ammunition shall be under the administration of the PNP.

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

manufacturers and importers of firearms and major parts thereof shall register the
same as follows:

(a) For locally manufactured firearms and major parts thereof, the initial registration
shall be done at the manufacturing facility: Provided, That firearms intended for
export shall no longer be subjected to ballistic identification procedures; and

(b) For imported firearms and major parts thereof, the registration shall be done
upon arrival at the FEO of the PNP storage facility.

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

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

SEC. 18. Firearms for Use in Sports and Competitions. – A qualified individual shall

apply for a permit to transport his/her registered firearm/s from his/her residence to
the firing range/s and competition sites as may be warranted.

SEC. 19. Renewal of Licenses and Registration. – All types of licenses to possess a

firearm shall be renewed every two (2) years. Failure to renew the license on or
before the date of its expiration shall cause the revocation of the license and of the
registration of the firearm/s under said licensee.

The registration of the firearm shall be renewed every four (4) years. Failure to
renew the registration of the firearm on or before the date of expiration shall cause
the revocation of the license of the firearm. The said firearm shall be confiscated or
forfeited in favor of the government after due process.

The failure to renew a license or registration within the periods stated above on two
(2) occasions shall cause the holder of the firearm to be perpetually disqualified
from applying for any firearm license. The application for the renewal of the license
or registration may be submitted to the FEO of the PNP, within six (6) months
before the date of the expiration of such license or registration.
 138

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

ARTICLE IV

ACQUISITION, DEPOSIT OF FIREARMS, ABANDONED,

DEMILITARIZED AND ANTIQUE FIREARMS

SEC. 21. Acquisition or Purchase and Sale of Firearms and Ammunition. – Firearms

and ammunition may only be acquired or purchased from authorized dealers,
importers or local manufacturers and may be transferred or sold only from a
licensed citizen or licensed juridical entity to another licensed citizen or licensed
juridical entity: Provided, That, during election periods, the sale and registration of
firearms and ammunition and the issuance of the corresponding licenses to citizens
shall be allowed on the condition that the transport or delivery thereof shall strictly
comply with the issuances, resolutions, rules and regulations promulgated by the
Commission on Elections.

SEC. 22. Deposit of Firearms by Persons Arriving From Abroad. – A person arriving

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

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

SEC. 24. Safekeeping of Firearms and Ammunition. – Any licensee may deposit a

registered firearm to the FEO of the PNP, or any Police Regional Office for
safekeeping. Reasonable fees for storage shall be imposed.

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

deposited in the custody of the FEO of the PNP pursuant to the provisions of this
Act, shall be deemed to have been abandoned by the owner or his/her authorized
representative if he/she failed to reclaim the same within five (5) years or failed to
 139

advise the FEO of the PNP of the disposition to be made thereof. Thereafter, the
FEO of the PNP may dispose of the same after compliance with established
procedures.

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

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

ARTICLE V

PENAL PROVISIONS

SEC. 28. Unlawful Acquisition, or Possession of Firearms and Ammunition. – The

unlawful acquisition, possession of firearms and ammunition shall be penalized as
follows:

(a) The penalty of prision mayor in its medium period shall be imposed upon any
person who shall unlawfully acquire or possess a small arm;

(b) The penalty of reclusion temporal to reclusion perpetua shall be imposed if three

(3) or more small arms or Class-A light weapons are unlawfully acquired or
possessed by any person;

(c) The penalty of prision mayor in its maximum period shall be imposed upon any
person who shall unlawfully acquire or possess a Class-A light weapon;

(d) The penalty of reclusion perpetua shall be imposed upon any person who shall,
unlawfully acquire or possess a Class-B light weapon;

(e) The penalty of one (1) degree higher than that provided in paragraphs (a) to (c)
in this section shall be imposed upon any person who shall unlawfully possess any
firearm under any or combination of the following conditions:

(1) Loaded with ammunition or inserted with a loaded magazine;

(2) Fitted or mounted with laser or any gadget used to guide the shooter to hit the
target such as thermal weapon sight (TWS) and the like;

(3) Fitted or mounted with sniper scopes, firearm muffler or firearm silencer;
 140

(4) Accompanied with an extra barrel; and

(5) Converted to be capable of firing full automatic bursts.

(f) The penalty of prision mayor in its minimum period shall be imposed upon any
person who shall unlawfully acquire or possess a major part of a small arm;

(g) The penalty of prision mayor in its minimum period shall be imposed upon any
person who shall unlawfully acquire or possess ammunition for a small arm or
Class-A light weapon. If the violation of this paragraph is committed by the same
person charged with the unlawful acquisition or possession of a small arm, the
former violation shall be absorbed by the latter;

(h) The penalty of prision mayor in its medium period shall be imposed upon any
person who shall unlawfully acquire or possess a major part of a Class-A light
weapon;

(i) The penalty of prision mayor in its medium period shall be imposed upon any
person who shall unlawfully acquire or possess ammunition for a Class-A light
weapon. If the violation of this paragraph is committed by the same person charged
with the unlawful acquisition or possession of a Class-A light weapon, the former
violation shall be absorbed by the latter;

(j) The penalty of prision mayor in its maximum period shall be imposed upon any
person who shall unlawfully acquire or possess a major part of a Class-B light
weapon; and

(k) The penalty of prision mayor in its maximum period shall be imposed upon any
person who shall unlawfully acquire or possess ammunition for a Class-B light
weapon. If the violation of this paragraph is committed by the same person charged
with the unlawful acquisition or possession of a Class-B light weapon, the former
violation shall be absorbed by the latter.

SEC. 29. Use of Loose Firearm in the Commission of a Crime. – The use of a loose
firearm, when inherent in the commission of a crime punishable under the Revised
Penal Code or other special laws, shall be considered as an aggravating
circumstance: Provided, That if the crime committed with the use of a loose firearm
is penalized by the law with a maximum penalty which is lower than that prescribed
in the preceding section for illegal possession of firearm, the penalty for illegal
possession of firearm shall be imposed in lieu of the penalty for the crime
charged: Provided, further, That if the crime committed with the use of a loose
firearm is penalized by the law with a maximum penalty which is equal to that
imposed under the preceding section for illegal possession of firearms, the penalty
of prision mayor in its minimum period shall be imposed in addition to the penalty for
the crime punishable under the Revised Penal Code or other special laws of which
he/she is found guilty.

If the violation of this Act is in furtherance of, or incident to, or in connection with the
crime of rebellion of insurrection, or attempted coup d’ etat, such violation shall be
 141

absorbed as an element of the crime of rebellion or insurrection, or attempted coup

d’ etat.

If the crime is committed by the person without using the loose firearm, the violation
of this Act shall be considered as a distinct and separate offense.

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

SEC. 31. Absence of Permit to Carry Outside of Residence. – The penalty of prision

correccional and a fine of Ten thousand pesos (P10,000.00) shall be imposed upon
any person who is licensed to own a firearm but who shall carry the registered
firearm outside his/her residence without any legal authority therefor.

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

Ammunition or Parts Thereof, Machinery, Tool or Instrument Used or Intended to be
Used in the Manufacture of Firearms, Ammunition or Parts Thereof. – The penalty
of reclusion temporal to reclusion perpetua shall be imposed upon any person who
shall unlawfully engage in the manufacture, importation, sale or disposition of a
firearm or ammunition, or a major part of a firearm or ammunition, or machinery,
tool or instrument used or intended to be used by the same person in the
manufacture of a firearm, ammunition, or a major part thereof.

The possession of any machinery, tool or instrument used directly in the

manufacture of firearms, ammunition, or major parts thereof by any person whose
business, employment or activity does not lawfully deal with the possession of such
article, shall be prima facie evidence that such article is intended to be used in the
unlawful or illegal manufacture of firearms, ammunition or parts thereof.

The penalty of prision mayor in its minimum period to prision mayor in its medium
period shall be imposed upon any laborer, worker or employee of a licensed
firearms dealer who shall unlawfully take, sell or otherwise dispose of parts of
firearms or ammunition which the company manufactures and sells, and other
materials used by the company in the manufacture or sale of firearms or
ammunition. The buyer or possessor of such stolen part or material, who is aware
that such part or material was stolen, shall suffer the same penalty as the laborer,
worker or employee.

If the violation or offense is committed by a corporation, partnership, association or

other juridical entity, the penalty provided for in this section shall be imposed upon
the directors, officers, employees or other officials or persons therein who knowingly
and willingly participated in the unlawful act.
 142

SEC. 33. Arms Smuggling. – The penalty of reclusion perpetua shall be imposed

upon any person who shall engage or participate in arms smuggling as defined in
this Act.

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

penalty of prision correccional to prision mayor in its minimum period shall be
imposed upon any person who shall tamper, obliterate or alter without authority the
barrel, slide, frame, receiver, cylinder, or bolt assembly, including the name of the
maker, model, or serial number of any firearm, or who shall replace without
authority the barrel, slide, frame, receiver, cylinder, or bolt assembly, including its
individual or peculiar identifying characteristics essential in forensic examination of
a firearm or light weapon.

The PNP shall place this information, including its individual or peculiar identifying
characteristics into the database of integrated firearms identification system of the
PNP Crime Laboratory for future use and identification of a particular firearm.

SEC. 35. Use of an Imitation Firearm. – An imitation firearm used in the commission

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

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

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

SEC. 38. Liability for Planting Evidence. – The penalty of prision mayor in its
maximum period shall be imposed upon any person who shall willfully and
maliciously insert; place, and/or attach, directly or indirectly, through any overt or
covert act, any firearm, or ammunition, or parts thereof in the person, house,
effects, or in the immediate vicinity of an innocent individual for the purpose of
implicating or incriminating the person, or imputing the commission of any violation
of the provisions of this Act to said individual. If the person found guilty under this
paragraph is a public officer or employee, such person shall suffer the penalty
of reclusion perpetua.
 143

SEC. 39. Grounds for Revocation, Cancellation or Suspension of License or

Permit. – The Chief of the PNP or his/her authorized representative may revoke,
cancel or suspend a license or permit on the following grounds:

(a) Commission of a crime or offense involving the firearm, ammunition, of major

parts thereof;

(b) Conviction of a crime involving moral turpitude or any offense where the penalty
carries an imprisonment of more than six (6) years;

(c) Loss of the firearm, ammunition, or any parts thereof through negligence;

(d) Carrying of the firearm, ammunition, or major parts thereof outside of residence
or workplace without, the proper permit to carry the same;

(e) Carrying of the firearm, ammunition, or major parts thereof in prohibited places;

(f) Dismissal for cause from the service in case of government official and
employee;

(g) Commission of any of the acts penalized under Republic Act No. 9165,
otherwise known as the “Comprehensive Dangerous Drugs Act of 2002”;

(h) Submission of falsified documents or misrepresentation in the application to

obtain a license or permit;

(i) Noncompliance of reportorial requirements; and

(j) By virtue of a court order.

SEC. 40. Failure to Notify Lost or Stolen Firearm or Light Weapon. – A fine of Ten
thousand pesos (P10,000.00) shall be imposed upon any licensed firearm holder
who fails to report to the FEO of the PNP that the subject firearm has been lost or
stolen within a period of thirty (30) days from the date of discovery.

Likewise, a fine of Five thousand pesos (P5,000.00) shall be imposed upon any
person holding a valid firearm license who changes residence or office address
other than that indicated in the license card and fails within a period of thirty (30)
days from said transfer to notify the FEO of the PNP of such change of address.

SEC. 41. Illegal Transfer/Registration of Firearms. – It shall be unlawful to transfer

possession of any firearm to any person who has not yet obtained or secured the
necessary license or permit thereof.

The penalty of prision correccional shall be imposed upon any person who shall
violate the provision of the preceding paragraph. In addition, he/she shall be
disqualified to apply for a license to possess other firearms and all his/her existing
firearms licenses whether for purposes of commerce or possession, shall be
revoked. If government-issued firearms, ammunition or major parts of firearms or
light weapons are unlawfully disposed, sold or transferred by any law enforcement
 144

agent or public officer to private individuals, the penalty of reclusion temporal shall

be imposed.

Any public officer or employee or any person who shall facilitate the registration of a
firearm through fraud, deceit, misrepresentation or submission of falsified
documents shall suffer the penalty of prision correccional.

ARTICLE VI

FINAL PROVISIONS

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

SEC. 43. Final Amnesty. – Persons in possession of unregistered firearms and

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

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

SEC. 45. Repealing Clause. – This Act repeals Sections 1, 2, 5 and 7 of

Presidential Decree No. 1866, as amended, and Section 6 of Republic Act No. 8294
and all other laws, executive orders, letters of instruction, issuances, circulars,
administrative orders, rules or regulations that are inconsistent herewith.

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

SEC. 47. Effectivity. – This Act shall take effect after fifteen (15) days from its
publication in a newspaper of nationwide circulation.
 145

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