REPUBLIC ACT No. 8049
The penalty of prison mayor in its medium period (8 years and one day to
Anti-Hazing Law
Both inside/outside school
Section 1. Hazing – 1) an initiation rite 2) as a prerequisite for admission
into membership in a fraternity, sorority or organization 3) by placing the
recruit, neophyte or applicant in some 3.1) embarrassing such as forcing
him to do menial, silly, foolish and other similar tasks or activities or 3.2)
subjecting him to physical or psychological suffering.
The term "organization" shall include any club or the AFP, PNP, PMA, or
officer and cadet corp of the Citizen's Military Training and Citizen's Army
Training. The physical, mental and psychological testing and training
procedure and practices to determine and enhance the physical, mental and
psychological fitness of prospective regular members of the AFP and the
PNP as approved by the Secretary of National Defense and the National
Police Commission duly recommended by the Chief of Staff, AFP and the
Director General of the PNP shall not be considered as hazing for the
purposes of this Act.
Section 2. No hazing or initiation rites in any form by a fraternity, sorority or
organization shall be allowed without prior written notice to the school
authorities or head of organization 7 days before the conduct of such
initiation. The written notice shall indicate the period of the initiation
activities which shall not exceed 3 days, shall include the names of those to
be subjected to such activities, and shall further contain an undertaking that
no physical violence be employed by anybody during such initiation rites.
[no need for permission from the school; just notice; hazing should be done
in school]
Section 3. The head of the school or organization or their representatives
must assign at least 2 representatives of the school or organization to be
present during the initiation. It is the duty of such representative to see to it
that no physical harm of any kind shall be inflicted upon a recruit, neophyte
or applicant.
Section 4. If the person subjected to hazing suffers any physical injury or
dies as a result thereof, the officers and members of the fraternity, sorority
or organization who actually participated in the infliction of physical harm
shall be liable as principals. The person or persons who participated in the
hazing shall suffer:
[so if not member but participated in hazing, not liable under the law? – still
liable “The presence of any person during the hazing is prima facie
evidence of participation therein as principal unless he prevented the
commission of the acts punishable herein”]
1. The penalty of reclusion perpetua (life imprisonment-wrong!) if death,
rape, sodomy or mutilation results there from.
2. The penalty of reclusion temporal in its maximum period (17 years, 4
months and 1 day to 20 years) if in consequence of the hazing the victim
shall become insane, imbecile, impotent or blind.
3. The penalty of reclusion temporal in its medium period (14 years, 8
months and one day to 17 years and 4 months) if in consequence of the
hazing the victim shall have lost the use of speech or the power to hear or
to smell, or shall have lost an eye, a hand, a foot, an arm or a leg or shall
have lost the use of any such member shall have become incapacitated for
the activity or work in which he was habitually engaged.
4. The penalty of reclusion temporal in its minimum period (12 years and
one day to 14 years and 8 months) if in consequence of the hazing the
victim shall become deformed or shall have lost any other part of his body,
or shall have lost the use thereof, or shall have been ill or incapacitated for
the performance on the activity or work in which he was habitually engaged
for a period of more than ninety (90) days.
5. The penalty of prison mayor in its maximum period (10 years and one day
to 12 years) if in consequence of the hazing the victim shall have been ill or
incapacitated for the performance on the activity or work in which he was
habitually engaged for a period of more than thirty (30) days.
6.
10 years) if in consequence of the hazing the victim shall have been ill or
incapacitated for the performance on the activity or work in which he was
habitually engaged for a period of ten (10) days or more, or that the injury
sustained shall require medical assistance for the same period.
7. The penalty of prison mayor in its minimum period (6 years and one day
to 8 years) if in consequence of the hazing the victim shall have been ill or
incapacitated for the performance on the activity or work in which he was
habitually engaged from one (1) to nine (9) days, or that the injury sustained
shall require medical assistance for the same period.
8. The penalty of prison correccional in its maximum period (4 years, 2
months and one day to 6 years) if in consequence of the hazing the victim
sustained physical injuries which do not prevent him from engaging in his
habitual activity or work nor require medical attendance.
The responsible officials of the school or of the police, military or citizen's
army training organization, may impose the appropriate administrative
sanctions on the persons charged under this provision even before their
conviction. The maximum penalty herein provided shall be imposed in any of
the following instances [aggravating]
(a) when the recruitment is accompanied by force, violence,
threat, intimidation or deceit on the person of the recruit who
refuses to join;
(b) when the recruit, neophyte or applicant initially consents to join
but upon learning that hazing will be committed on his person, is
prevented from quitting;
(c) when the recruit having undergone hazing is prevented from
reporting the unlawful act to his parents or guardians, to the
proper school authorities, or to the police authorities, through
force, violence, threat or intimidation;
(d) when the hazing is committed outside of the school or
institution; or
(e) when the victim is below 12) years of age at the time of the
hazing.
The owner of the place where hazing is conducted shall be liable as an
accomplice R: he has actual knowledge of the hazing conducted therein but
failed to take any action to prevent the same from occurring. If the hazing is
held in the home of one of the officers or members of the fraternity, group,
or organization, the parents shall be held liable as principals R: they have
actual knowledge of the hazing conducted therein but failed to take any
action to prevent the same from occurring.
The school authorities including faculty members who consent to the hazing
or who have actual knowledge thereof, but failed to take any action to
prevent the same from occurring shall be punished as accomplices for the
acts of hazing committed by the perpetrators.
The officers, former officers, or alumni of the organization, group, fraternity
or sorority who actually planned the hazing although not present when the
acts constituting the hazing were committed shall be liable as principals. A
fraternity or sorority's adviser who is present when the acts constituting the
hazing were committed and failed to take action to prevent the same from
occurring shall be liable as principal.
The presence of any person during the hazing is prima facie evidence of
participation therein as principal unless he prevented the commission of the
acts punishable herein.
Any person charged under this provision shall not be entitled to the
mitigating circumstance that there was no intention to commit so grave a
wrong.
REPUBLIC ACT No. 7877 –include IRR
Anti-Sexual Harassment Act
SEC. 3. Definition Work, Education or Training-Related Sexual Harassment.
— Work, education or training-related sexual harassment is 1) committed by
an employer, employee, manager, supervisor, agent of the employer,
!1
teacher, instructor, professor, coach, trainor, or any other person having
authority, influence or moral ascendancy over another in a work or training
or education environment, PA1) demands, requests or requires any sexual
favor, 2) regardless of whether it is accepted by the object of said act.
(a) In a work-related/employment environment, sexual harassment is
committed when:
(1) The sexual favor is made as a condition in the hiring, re-
employment or continued employment of said individual, or in
granting favorable compensation, terms, conditions, promotions,
or privileges; or the refusal to grant the sexual favor results in
limiting, segregating or classifying the employee which in any way
would discriminate, deprive or diminish employment opportunities
or otherwise adversely affect said employee;
(2) The above acts would impair the employee’s rights or
privileges under existing labor laws; or
(3) The above acts would result in an intimidating, hostile, or
offensive environment for the employee.
(b) In an education or training environment, sexual harassment is committed:
(1) Against one who is under the care, custody or supervision of
the offender;
(2) Against one whose education, training, apprenticeship or
tutorship is entrusted to the offender;
(3) When the sexual favor is made a condition to the giving of a
passing grade, or the granting of honors and scholarships, or the
payment of a stipend, allowance or other benefits, privileges, or
considerations; or
(4) When the sexual advances result in an intimidating, hostile or
offensive environment for the student, trainee or apprentice.
Any person who directs or induces another to commit any act of sexual
harassment, or who cooperates in the commission thereof by another
without which it would not have been committed, shall also be held liable
under this Act [principals by inducement and cooperation]
SEC. 4. Duty of the Employer or Head of Office in a Work-related, Education
or Training Environment. — It shall be the duty of the employer or the head
of the work-related, educational or training environment to 1) prevent the
commission of acts of sexual harassment and 2) provide the procedures for
the resolution, settlement or prosecution of acts of sexual harassment.
Towards this end, the employer shall:
(a) Promulgate appropriate rules and regulations prescribing the procedure
for the investigation of sexual harassment cases and the administrative
sanctions therefor.
Administrative sanctions shall not be a bar to prosecution in the proper
courts for unlawful acts of sexual harassment.
The said rules and regulations issued shall include, among others, guidelines
on proper decorum in the workplace and educational or training institutions.
(b) Create a committee on decorum and investigation of cases on sexual
harassment. The committee shall conduct meetings, as the case may be,
with officers and employees, teachers, instructors, professors, coaches,
trainors and students or trainees to increase understanding and prevent
incidents of sexual harassment. It shall also conduct the investigation of
alleged cases constituting sexual harassment.
The employer or head of office, educational or training institution shall
disseminate or post a copy of this Act for the information of all concerned.
SEC. 5. Liability of the Employer, Head of Office, Educational or Training
Institution. — The employer or head of office, educational or training
institution shall be solidarily liable for damages arising from the acts of
sexual harassment committed in the employment, education or training
environment R: 1) employer or head of office, educational or training
institution is informed of such acts by the offended party and 2) no
immediate action is taken thereon.
SEC. 6. Independent Action for Damages. — Nothing in this Act shall
preclude the victim of work, education or training-related sexual harassment
from instituting a separate and independent action for damages and other
affirmative relief.
SEC. 7. Penalties. — Any person who violates the provisions of this Act shall,
upon conviction, be penalized by imprisonment of not less than 1 month nor
more than 6 months, or a fine of not less than P10,000 - P20,000, or both.
Any action arising from the violation of the provisions of this Act shall
prescribe in 3 years.
REPUBLIC ACT No. 3019
ANTI-GRAFT AND CORRUPT PRACTICES ACT
Section 2. Definition of terms.
(a) "Government" includes the national government, the local
governments, the government-owned and government-controlled
corporations, and all other instrumentalities of the Republic
(b) "Public officer" includes 1) elective and 2) appointive officials
and employees, permanent or temporary, whether in the classified
or unclassified or exempt service receiving compensation, even
nominal, from the government
(c) "Receiving any gift" - act of accepting 1) directly or indirectly a
gift 2) from a person other than a member of the public officer's
immediate family, 3) in behalf of himself or of any member of his
family or relative within the fourth civil degree by consanguinity or
affinity 4) even on the occasion of a family celebration or national
festivity like Christmas 5) if the value of the gift is under the
circumstances manifestly excessive.
Section 3. Corrupt practices of public officers. In addition to acts or
omissions of public officers already penalized by existing law, the following
shall constitute corrupt practices of any public officer:
(a) PA1) Persuading/inducing/influencing 1) another public officer
to perform an act 2) constituting a violation of rules and
regulations or an offense 3) in connection with his official duties,
or PA2) allowing himself to be persuaded/induced/influenced to
commit such violation or offense.
(b) Directly or indirectly requesting/receiving any gift, present,
share, percentage, or benefit, 1) for himself or for any other
person, 2) in connection with any contract/transaction between
the Government and any other part, 3) wherein the public officer
in his official capacity has to intervene under the law.
(c) Directly or indirectly requesting/receiving any gift, present or
other pecuniary or material benefit, 1) for himself or for another,
2) from any person for whom the public officer, in any manner or
capacity, has secured or obtained, or will secure or obtain, any
Government permit/license, in consideration for the help given or
to be given, without prejudice to Section thirteen of this Act.
(d) Accepting or having any member of his family accept
employment 1) in a private enterprise which has pending official
business with him during the pendency thereof or within one year
after its termination.
!2
 (e) PA1) Causing any undue injury to any party, including the
Government, or PA2) giving any private party any unwarranted
benefits/advantage/preference 1) in the discharge of his official
administrative or judicial functions 2) through manifest partiality,
evident bad faith or gross inexcusable negligence. This provision
shall apply to officers and employees of offices or government
corporations charged with the grant of licenses or permits or
other concessions.
(f) Neglecting or refusing, after due demand or request, without
sufficient justification, to act within a reasonable time on any
matter pending before him 1.1) for the purpose of obtaining,
directly or indirectly, from any person interested in the matter
some material benefit, or 1.2) for the purpose of favoring his own
interest or giving undue advantage in favor of or discriminating
against any other interested party.
(g) Entering, on behalf of the Government, into any contract or
transaction 1) manifestly and grossly disadvantageous to the
same, 2) whether or not the public officer profited or will profit
thereby.
(h) Directly or indirectly having financing or pecuniary interest in 1)
any business/contract/transaction in connection with which he
intervenes or takes part in his official capacity, or 2) in which he
is prohibited by the Constitution or by any law from having any
interest.
(i) Directly or indirectly becoming interested, for personal gain, or
having a material interest 1) in any transaction or act requiring the
approval of a board, panel or group of which he is a member, and
which exercises discretion in such approval, 2) even if he votes
against the same or does not participate in the action of the
board, committee, panel or group.
Interest for personal gain shall be presumed against those public
officers responsible for the approval of manifestly unlawful,
inequitable, or irregular transaction or acts by the board, panel or
group to which they belong.
(j) [1) Knowingly] approving or granting any license, permit,
privilege or benefit 2) in favor of any person not qualified or not
legally entitled to such license, permit, privilege or advantage, or
of a mere representative or dummy of one who is not so qualified
or entitled.
(k) PA1) Divulging valuable information 1) of a confidential
character, 2) acquired by his office or by him on account of his
official position to unauthorized persons, or PA2) releasing such
information in advance of its authorized release date.
The person giving the gift, present, share, percentage or benefit referred to
in subparagraphs (b) and (c); or offering or giving to the public officer the
employment mentioned in subparagraph (d); or urging the divulging or
untimely release of the confidential information referred to in subparagraph
(k) of this section shall, together with the offending public officer, be
punished under Section nine of this Act and shall be permanently or
temporarily disqualified in the discretion of the Court, from transacting
business in any form with the Government.
Section 4. Prohibition on private individuals.
(a) It shall be unlawful for any person 1) having family or close personal
relation with any public official PA1) to capitalize/exploit/take advantage of
such personal relation 2) by directly or indirectly requesting/receiving any
present, gift or material or pecuniary advantage from any other person
having some business, transaction, application, request or contract with the
government, in which such public official has to intervene.
Family relation shall include the spouse or relatives by consanguinity or
affinity in the third civil degree. The word "close personal relation" shall
include close personal friendship, social and fraternal connections, and
professional employment all giving rise to intimacy which assures free
access to such public officer.
(b) It shall be unlawful for any person 1) knowingly PA1) to induce or cause
any public official to commit any of the offenses defined in Section 3
hereof.
Section 5. Prohibition on certain relatives. It shall be unlawful for the 1)
spouse or 2) any relative, by consanguinity or affinity, within the third civil
degree, of the 1) President, 2) Vice-President, 3) President of the Senate, or
4) Speaker of the House, to intervene in any business, transaction, contract
or application with the Government. EX: This section shall not apply to 1)
any person who, prior to the assumption of office of any of the above
officials to whom he is related, has been already dealing with the
Government along the same line of business, nor 2) to any transaction,
contract or application already existing or pending at the time of such
assumption of public office, nor 3) to any application filed by him the
approval of which is not discretionary on the part of the official concerned
but depends upon compliance with requisites provided by law, or rules or
regulations, nor 4) to any act lawfully performed in an official capacity or in
the exercise of a profession.
Section 6. Prohibition on Members of Congress. It shall be unlawful for any
Member of the Congress 1) during the term for which he has been elected,
PA1) to acquire or receive any personal pecuniary interest in any specific
business enterprise which will be directly and particularly favored or
benefited by any law or resolution authored by him previously approved by
the Congress during the same term.
The provision of this section shall apply to any other public officer who
recommended the initiation in Congress of the enactment or adoption of
any law or resolution, and acquires or receives any such interest during his
incumbency.
It shall likewise be unlawful for such member of Congress or other public
officer, who, having such interest prior to the approval of such law or
resolution authored or recommended by him, continues for thirty days after
such approval to retain such interest.
Section 7. Statement of assets and liabilities. Every public officer, within 30
days after the approval of this Act or after assuming office, and within the
month of January of every other year thereafter, as well as upon the
expiration of his term of office, or upon his resignation or separation from
office, shall prepare and file with the office of the corresponding
Department Head, or in the case of a Head of Department or chief of an
independent office, with the Office of the President, or in the case of
members of the Congress and the officials and employees thereof, with the
Office of the Secretary of the corresponding House, a true detailed and
sworn statement of assets and liabilities, including a statement of the
amounts and sources of his income, the amounts of his personal and family
expenses and the amount of income taxes paid for the next preceding
calendar year.
Public officers assuming office less than two months before the end of the
calendar year, may file their statements in the following months of January.
Section 8. Dismissal due to unexplained wealth. If in accordance with the
provisions of Republic Act No. 1379, a public official has been found to
have acquired during his incumbency, whether in his name or in the name of
other persons, an amount of property and/or money manifestly out of
proportion to his salary and to his other lawful income, that fact shall be a
ground for dismissal or removal. Properties in the name of the spouse and
unmarried children of such public official may be taken into consideration,
when their acquisition through legitimate means cannot be satisfactorily
shown. Bank deposits shall be taken into consideration in the enforcement
of this section, notwithstanding any provision of law to the contrary.
Section 9. Penalties for violations. (a) Any public officer or private person
committing any of the unlawful acts or omissions enumerated in Sections 3,
4, 5 and 6 of this Act shall be punished with imprisonment for not less than
one year nor more than ten years, perpetual disqualification from public
office, and confiscation or forfeiture in favor of the Government of any
prohibited interest and unexplained wealth manifestly out of proportion to
his salary and other lawful income.
Any complaining party at whose complaint the criminal prosecution was
initiated shall, in case of conviction of the accused, be entitled to recover in
!3
the criminal action with priority over the forfeiture in favor of the
Government, the amount of money or the thing he may have given to the
accused, or the value of such thing.
(b) Any public officer violation any of the provisions of Section 7
of this Act shall be punished by a fine of not less than one
hundred pesos nor more than one thousand pesos, or by
imprisonment not exceeding one year, or by both such fine and
imprisonment, at the discretion of the Court.
The violation of said section proven in a proper administrative proceeding
shall be sufficient cause for removal or dismissal of a public officer, even if
no criminal prosecution is instituted against him.
Section 10. Competent court. Until otherwise provided by law, all
prosecutions under this Act shall be within the original jurisdiction of the
proper Court of First Instance.
Section 11. Prescription of offenses. - ten years.
Section 12. Termination of office. No public officer shall be allowed to
resign or retire pending an investigation, criminal or administrative, or
pending a prosecution against him, for any offense under this Act or under
the provisions of the RPC on bribery.
Section 13. Suspension and loss of benefits. Any public officer against
whom any criminal prosecution under this Act or under the provisions of the
RPC on bribery is pending in court shall be suspended from office. Should
he be convicted by final judgment, he shall lose all retirement or gratuity
benefits under any law, but if he is acquitted, he shall be entitled to
reinstatement and to the salaries and benefits which he failed to receive
during suspension EX: in the meantime administrative proceedings have
been filed against him.
Section 14. Exception. 1) Unsolicited gifts or presents of small or
insignificant value offered or 2) given as a mere ordinary token of gratitude
or friendship according to local customs or usage, shall be excepted from
the provisions of this Act.
Nothing in this Act shall be interpreted to prejudice or prohibit the practice of
any profession, lawful trade or occupation by any private person or by any
public officer who under the law may legitimately practice his profession,
trade or occupation, during his incumbency, except where the practice of
such profession, trade or occupation involves conspiracy with any other
person or public official to commit any of the violations penalized in this Act.
PRESIDENTIAL DECREE No. 603
CHILD AND YOUTH WELFARE CODE
CHAPTER IV
Liabilities of Parents
Article 59. Crimes. - Criminal liability shall attach to any parent who:
1. Conceals or abandons the child 1) with intent to make such
child lose his civil status.
2. Abandons the child 1) under such circumstances as to deprive
him of the love, care and protection he needs.
3. Sells/abandons the child to another person 1) for valuable
consideration.
4. Neglects the child by not giving him the education which the
family's station in life and financial conditions permit.
5. Fails or refuses, without justifiable grounds, to enroll the child
as required by Article 72 [compulsory education].
6. Causes/abates/permits the truancy of the child from the school
where he is enrolled. "Truancy" means absence without cause for
more than twenty schooldays, not necessarily consecutive.
7. It shall be the duty of the teacher in charge to report to the
parents the absences of the child the moment these exceed five
schooldays.
8. Improperly exploits the child by using him, directly or indirectly,
such as for purposes of begging and other acts which are
inimical to his interest and welfare.
9. Inflicts cruel and unusual punishment upon the child or
deliberately subjects him to indignation and other excessive
chastisement that embarrass or humiliate him.
10. Causes or encourages the child to lead an immoral or
dissolute life.
11. Permits the child to possess a deadly weapon, regardless of
its ownership.
12. Allows/requires the child to drive without a license or with a
license which the parent knows to have been illegally procured. If
the motor vehicle driven by the child belongs to the parent, it shall
be presumed that he permitted or ordered the child to drive.
Article 60. Penalty. - The act mentioned in the preceding article shall be
punishable with imprisonment from two or six months or a fine not
exceeding five hundred pesos, or both, at the discretion of the Court, unless
a higher penalty is provided for in the Revised Penal Code or special laws,
without prejudice to actions for the involuntary commitment of the child
under Title VIII of this Code.
TITLE VIII.
SPECIAL CATEGORIES OF CHILDREN
CHAPTER I
Dependent, Abandoned and Neglected Children
Article 141. Definition of Terms.
1. A dependent child is one without a parent/guardian/custodian;
or one whose parents/guardian for good cause desires to be
relieved of his care and custody; and is dependent upon the
public for support.
2. An abandoned child is one who has no proper parental care/
guardianship, or whose parents/guardians have deserted him for
a period of at least six continuous months.
3. A neglected child is one whose basic needs have been
deliberately unattended or inadequately attended. Neglect may
occur in two ways:
(a) There is a physical neglect when the child is
malnourished, ill clad and without proper shelter.
(b) A child is unattended when left by himself without
provisions for his needs and/or without proper
supervision.
(c) Emotional neglect exists: when children are
maltreated, raped or seduced; when children are
exploited, overworked or made to work under
conditions not conducive to good health; or are made
to beg in the streets or public places, or when children
are in moral danger, or exposed to gambling,
prostitution and other vices.
4. Commitment or surrender of a child - legal act of entrusting a
child to the care of the DSWD or any duly licensed child
placement agency/individual.
Commitment may be done in the following manner:
(a) Involuntary commitment, in case of a dependent
child, or through the termination of parental or
guardianship rights by reason of abandonment,
substantial and continuous or repeated neglect and/or
parental incompetence to discharge parental
responsibilities, and in the manner, form and procedure
hereinafter prescribed.
!4
 (b) Voluntary commitment, through the relinquishment of
parental or guardianship rights in the manner and form
hereinafter prescribed.
Article 142. Petition for Involuntary Commitment of a Child: Venue. - The
DSWD Secretary or his authorized representative or any duly licensed child
placement agency having knowledge of a child who appears to be
dependent, abandoned or neglected, may file a verified petition for
involuntary commitment of said child to the care of any duly licensed child
placement agency or individual.
The petition shall be filed with the Juvenile and Domestic Relations Court, if
any, or with the Court of First Instance of the province or City Court in which
the parents or guardian resides or the child is found.
Article 148. Hearing. - During the hearing of the petition, the child shall be
brought before the court, which shall investigate the facts and ascertain
whether he is dependent, abandoned, or neglected, and, if so, the cause and
circumstances of such condition. In such hearing, the court shall not be
bound by the technical rules of evidence.
Failure to provide for the child's support for a period of six months shall be
presumptive evidence of the intent to abandon.
Article 149. Commitment of Child. - If, after the hearing, the child is found to
be dependent, abandoned, or neglected, an order shall be entered
committing him to the care and custody of the Department of Social
Welfare or any duly licensed child placement agency or individual.
Article 150. When Child May Stay In His Own Home. - If in the court's opinion
the cases of the abandonment or neglect of any child may be remedied, it
may permit the child to stay in his own home and under the care and control
of his own parents or guardian, subject to the supervision of the DSWD.
When it appears to the court that it is no longer for the best interests of
such child to remain with his parents or guardian, it may commit the child in
accordance with the next preceding article.
Article 151. Termination of Rights of Parents. - When a child shall have been
committed to the DSWD or any duly licensed child placement agency or
individual pursuant to an order of the court, his parents or guardian shall
thereafter exercise no authority over him EX: upon such conditions as the
court may impose.
Article 152. Authority of Person, Agency or Institution. - The Department of
Social Welfare or any duly licensed child placement agency or individual
receiving a child pursuant to an order of the court shall be 1) legal guardian
and entitled to his legal custody and control, 2) be responsible for his
support, and 3), shall have authority to give consent to his placement,
guardianship and/or adoption.
Article 154. Voluntary Commitment of a Child to an Institution. - The parent
or guardian of a dependent, abandoned or neglected child may voluntarily
commit him to the DSWD or any duly licensed child placement agency or
individual subject to the provisions of the next succeeding articles.
Article 155. Commitment Must Be in Writing. - No child shall be committed
unless he is surrendered in writing by his parents or guardian to the care
and custody of the DSWD or duly licensed child placement agency. In case
of the death or legal incapacity of either parent or abandonment of the child
for a period of at least one year, the other parent alone shall have the
authority to make the commitment.
Article 160. Prohibited Acts. - It shall be unlawful for any child to leave the
person or institution to which he has been judicially or voluntarily committed
or the person under whose custody he has been placed in accordance with
the next preceding article, or for any person to induce him to leave such
person or institution EX: in case of grave physical or moral danger, actual or
imminent, to the child.
Any violation of this article shall be punishable by an imprisonment of not
more than one year or by a fine of not more than two thousand pesos, or
both such fine and imprisonment at the discretion of the court: Provided,
That if the violation is committed by a foreigner, he shall also be subject to
deportation.
If the violation is committed by a parent or legal guardian of the child, such
fact shall aggravate or mitigate the offense as circumstances shall warrant.
CHAPTER III
Youthful Offenders
Article 189. Youthful Offender Defined. - A youthful offender is one who is
over 9 years but under 21 years of age at the time of the commission of the
offense.
A child 9 years of age or under at the time of the offense shall be 1)
exempt from criminal liability and 2) be committed to the care of his father
or mother, or nearest relative or family friend in the discretion of the court
and subject to its supervision. The same shall be done for a child over 9
years and under 15 years of age at the time of the commission of the
offense EX: he acted with discernment, in which case he shall be proceeded
against in accordance with Article 192.
The provisions of Article 80 of the Revised Penal Code shall be deemed
modified by the provisions of this Chapter.
Article 190. Physical and Mental Examination. - It shall be the duty of the
law-enforcement agency concerned to take the youthful offender,
immediately after his apprehension, to the proper medical officer for a
thorough physical and mental examination. Whenever treatment for any
physical or mental defect is indicated, steps shall be immediately
undertaken to provide the same.
Article 191. Care of Youthful Offender Held for Examination or Trial. - A
youthful offender held for physical and mental examination or trial or
pending appeal, if unable to furnish bail, shall from the time of his arrest be
committed to the care of the Department of Social Welfare or the local
rehabilitation center or a detention home in the province or city which shall
be responsible for his appearance in court whenever required: Provided,
That in the absence of any such center or agency within a reasonable
distance from the venue of the trial, the provincial, city and municipal jail
shall provide quarters for youthful offenders separate from other detainees.
The court may, in its discretion, upon recommendation of the Department of
Social Welfare or other agency or agencies authorized by the Court, release
a youthful offender on recognizance, to the custody of his parents or other
suitable person who shall be responsible for his appearance whenever
required.
Article 192. Suspension of Sentence and Commitment of Youthful
Offender. - If after hearing the evidence in the proper proceedings, the court
should find that the youthful offender has committed the acts charged
against him the court 1) shall determine the imposable penalty, including any
civil liability chargeable against him. 2) However, instead of pronouncing
judgment of conviction, the court shall suspend all further proceedings and
shall commit such minor to the custody of the DSWD, or to any training
institution operated by the government, or duly licensed agencies or any
other responsible person, until he shall have reached 21 years of age or, for
a shorter period as the court may deem proper, after considering the
reports and recommendations of the DSWD or the agency or responsible
individual under whose care he has been committed.
The youthful offender shall be subject to visitation and supervision by a
representative of the DSWD or any duly licensed agency or such other
officer as the Court may designate subject to such conditions as it may
prescribe.
Article 193. Appeal. - The youthful offender whose sentence is suspended
can appeal from the order of the court in the same manner as appeals in
criminal cases.
Article 195. Report on Conduct of Child. - The Department of Social Welfare
or its representative or duly licensed agency or individual under whose care
the youthful offender has been committed shall submit to the court every 4
months or oftener as may be required in special cases, a written report on
the conduct of said youthful offender as well as the intellectual, physical,
moral, social and emotional progress made by him.
Article 196. Dismissal of the Case. - If it is shown to the satisfaction of the
court that the youthful offender whose sentence has been suspended, has
behaved properly and has shown his capability to be a useful member of the
!5
community, even before reaching the age of majority, upon recommendation
of the Department of Social Welfare, it shall dismiss the case and order his
final discharge.
Article 197. Return of the Youth Offender to Court. - Whenever the youthful
offender has been found incorrigible or has wilfully failed to comply with the
conditions of his rehabilitation programs, or should his continued stay in the
training institution be inadvisable, 1) he shall be returned to the committing
court for the pronouncement of judgment.
2) When the youthful offender has reached the age of 21 while in
commitment, the court shall determine whether to dismiss the case in
accordance with the next preceding article or to pronounce the judgment of
conviction.
In any case covered by this article, the youthful offender shall be credited in
the service of his sentence with the full time spent in actual commitment
and detention effected under the provisions of this Chapter.
Article 198. Effect of Release of Child Based on Good Conduct. - The final
release of a child shall not obliterate his civil liability for damages. Such
release shall be without prejudice to the right for a writ of execution for the
recovery of civil damages.
Article 199. Living Quarters for Youthful Offenders Sentence. - When a
judgment of conviction is pronounced in accordance with the provisions of
Article 197 and the youthful offender is still under 21, he shall be committed
to the proper penal institution to serve the remaining period of his sentence/
The penal institutions shall provide youthful offenders with separate
quarters and, as far as practicable, group them according to appropriate
age levels or other criteria as will insure their speedy rehabilitation. The
Bureau of Prisons shall maintain agricultural and forestry camps where
youthful offenders may serve their sentence in lieu of confinement in regular
penitentiaries.
Article 200. Records of Proceedings. - Where a youthful offender has been
charged before any city or provincial fiscal and the charges have been
ordered dropped, all the records of the case shall be destroyed immediately
thereafter.
Where a youthful offender has been charged and the court acquits him, or
dismisses the case or commits him to an institution and subsequently
releases him pursuant to this Chapter, all the records of his case shall be
destroyed immediately after such acquittal, dismissal or release EX: civil
liability has also been imposed in the criminal action, in which case such
records shall be destroyed after satisfaction of such civil liability. The
youthful offender concerned shall not be guilty of perjury or of concealment
or misrepresentation by reason of his failure to acknowledge the case or
recite any fact related thereto in response to any inquiry made of him for
any purpose.
Article 201. Civil Liability of Youthful Offenders. - The civil liability for acts
committed by a youthful offender shall devolve upon the offender's father
and, in case of his death or incapacity, upon the mother, or in case of her
death or incapacity, upon the guardian. Civil liability may also be voluntarily
assumed by a relative or family friend of the youthful offender.
Article 204. Liability of Parents or Guardian or Any Person in the
Commission of Delinquent Acts by Their Children or Wards. - A person
whether the parent or guardian of the child or not, who knowingly or wilfully,
1. Aids, causes, abets or connives with the commission by a child
of a delinquency, or
2. Does any act producing, promoting, or contributing to a child's
being or becoming a juvenile delinquent, shall be punished by a
fine not exceeding five hundred pesos or to imprisonment for a
period not exceeding two years, or both such fine and
imprisonment, at the discretion of the court.
Republic Act No. 9344/10630
Juvenile Justice and Welfare Act (Amended)
SEC. 4. Definition of Terms.
(b) Best Interest of the Child - totality of the circumstances and
conditions which are most congenial to the survival, protection
and feelings of security of the child and most encouraging to the
child's physical, psychological and emotional development. It also
means the least detrimental available alternative for safeguarding
the growth and development of the child.
(e) "Child" refers to a person under the age of 18 years.
(d) "Child at Risk" - a child who is vulnerable to and at risk of
committing criminal offenses because of personal, family and
social circumstances, such as, but not limited to, the following:
(1) being abused by any person through sexual,
physical, psychological, mental, economic or any other
means and the parents or guardian refuse, are
unwilling, or unable to provide protection for the child;
(2) being exploited including sexually or economically;
(3) being abandoned or neglected, and after diligent
search and inquiry, the parent or guardian cannot be
found;
(4) coming from a dysfunctional or broken family or
without a parent or guardian;
(5) being out of school;
(6) being a streetchild;
(7) being a member of a gang;
(8) living in a community with a high level of criminality
or drug abuse; and
(9) living in situations of armed conflict.
(e) "Child in Conflict with the Law" - a child who is alleged/
accused/adjudged as having committed an offense under
Philippine laws.
(f) "Community-based Programs" - programs provided in a
community setting for purposes of intervention and diversion, as
well as rehabilitation of the child in conflict with the law, for
reintegration into his/her family and/or community.
(h) "Deprivation of Liberty" refers to any form of detention or
imprisonment, or to the placement of a child in conflict with the
law in a public or private custodial setting, from which the child in
conflict with the law is not permitted to leave at will by order of
any judicial or administrative authority.
(i) "Diversion" - an alternative, child-appropriate process of
determining the responsibility and treatment of a child in conflict
with the law on the basis of his/her social, cultural, economic,
psychological or educational background without resorting to
formal court proceedings.
(j) "Diversion Program" - program that the child in conflict with the
law is required to undergo after he/she is found responsible for
an offense without resorting to formal court proceedings.
(k) "Initial Contact With-the Child" refers to the apprehension or
taking into custody of a child in conflict with the law by law
enforcement officers or private citizens. It includes the time when
the child alleged to be in conflict with the law receives a
subpoena or summons in cases that do not require preliminary
investigation or where there is no necessity to place the child
alleged to be in conflict with the law under immediate custody.
(I) "Intervention" - a series of activities which are designed to
address issues that caused the child to commit an offense. It
may take the form of an individualized treatment program which
may include counseling, skills training, education, and other
activities that will enhance his/her psychological, emotional and
psycho-social well-being.
!6
 (m) "Juvenile Justice and Welfare System" - system dealing with
children at risk and children in conflict with the law, which
provides child-appropriate proceedings, including programs and
services for prevention, diversion, rehabilitation, re-integration and
aftercare to ensure their normal growth and development.
(p) "Recognizance" refers to an undertaking in lieu of a bond
assumed by a parent or custodian who shall be responsible for
the appearance in court of the child in conflict with the law, when
required.
(q) "Restorative Justice" - principle which requires a process of
resolving conflicts with the maximum involvement of the victim,
the offender and the community. It seeks to obtain reparation for
the victim; reconciliation of the offender, the offended and the
community; and reassurance to the offender that he/she can be
reintegrated into society. It also enhances public safety by
activating the offender, the victim and the community in
prevention strategies.
(r) "Status Offenses" - offenses which discriminate only against a
child, while an adult does not suffer any penalty for committing
similar acts. These shall include curfew violations; truancy,
parental disobedience and the like.
(s) ‘Bahay Pag-asa’ –24-hour child-caring institution established,
funded and managed by LGUs and licensed NGOs providing
short-term residential care for children in conflict with the law who
are above 15 but below 18 years of age who are awaiting court
disposition of their cases or transfer to other agencies or
jurisdiction.
"Part of the features of a ‘Bahay Pag-asa’ is an intensive juvenile
intervention and support center.
"A multi-disciplinary team composed of a social worker, a
psychologist/mental health professional, a medical doctor, an
educational/guidance counselor and a Barangay Council for the
Protection of Children (BCPC) member shall operate the ‘Bahay
Pag-asa’. The team will work on the individualized intervention
plan with the child and the child’s family.
(t) "Youth Rehabilitation Center" - 24-hour residential care facility
managed by the Department of Social Welfare and Development
(DSWD), LGUs, licensed NGOs monitored by the DSWD, which
provides care, treatment and rehabilitation services for children in
conflict with the law. Rehabilitation services are provided under
the guidance of a trained staff where residents are cared for
under a structured therapeutic environment with the end view of
reintegrating them into their families and communities as socially
functioning individuals. Physical mobility of residents of said
centers may be restricted pending court disposition of the
charges against them.
(u) "Victimless Crimes" refers to offenses where there is no
private offended party.
CHAPTER 2
PRINCIPLES IN THE ADMINISTRATION OF JUVENILE JUSTICE AND
WELFARE
SEC. 5. Rights of the Child in Conflict with the Law. - Every child in conflict
with the law shall have the following rights, including but not limited to:
(h) the right to have his/her privacy respected fully at all stages of
the proceedings;
(i) the right to diversion if he/she is qualified and voluntarily avails
of the same;
(j) the right to be imposed a judgment in proportion to the gravity
of the offense where his/her best interest, the rights of the victim
and the needs of society are all taken into consideration by the
court, under the principle of restorative justice;
(k) the right to have restrictions on his/her personal liberty limited
to the minimum, and where discretion is given by law to the judge
to determine whether to impose fine or imprisonment, the
imposition of fine being preferred as the more appropriate
penalty;
(I) in general, the right to automatic suspension of sentence;
(m) the right to probation as an alternative to imprisonment, if
qualified under the Probation Law;
(n) the right to be free from liability for perjury, concealment or
misrepresentation; and
"SEC. 6A. Minimum Age of Criminal Responsibility. – A child 15 years of age
or under [0-15] at the time of the commission of the offense shall be
exempt from criminal liability. However, the child shall be subjected to an
intervention program pursuant to Section 20 of this Act.
A child is deemed to be 15 years of age on the day of the fifteenth
anniversary of his/her birthdate.
A child above 15 years but below 18 years of age [15.01-17.99] shall
likewise be exempt from criminal liability and be subjected to an intervention
program, EX: he/she has acted with discernment, in which case, such child
shall be subjected to the appropriate proceedings in accordance with this
Act.
The exemption from criminal liability herein established does not include
exemption from civil liability, which shall be enforced in accordance with
existing laws.
SEC. 7. Determination of Age. - The child in conflict with the law shall enjoy
the presumption of minority. He/She shall enjoy all the rights of a child in
conflict with the law until he/she is proven to be 18 years old or older. The
age of a child may be determined from the child's birth certificate, baptismal
certificate or any other pertinent documents. In the absence of these
documents, age may be based on information from the child himself/herself,
testimonies of other persons, the physical appearance of the child and
other relevant evidence. In case of doubt as to the age of the child, it shall
be resolved in his/her favor.
Any person contesting the age of the child in conflict with the law prior to
the filing of the information in any appropriate court may file a case in a
summary proceeding for the determination of age before the Family Court
which shall decide the case within 24 hours from receipt of the appropriate
pleadings of all interested parties.
If a case has been fiied against the child in conflict with the law and is
pending in the appropriate court, the person shall file a motion to determine
the age of the child in the same court where the case is pending. Pending
hearing on the said motion, proceedings on the main case shall be
suspended.
TITLE IV
TREATMENT OF CHILDREN BELOW THE AGE OF CRIMINAL
RESPONSIBILITY
"SEC. 20. Children Below the Age of Criminal Responsibility. – If it has been
determined that the child taken into custody is 15 years old or below, the
authority which will have an initial contact with the child has the duty to
immediately release the child to the custody of his/her parents or guardian,
or in the absence thereof, the child’s nearest relative. The child shall be
subjected to a community-based intervention program supervised by the
local social welfare and development officer EX: the best interest of the
child requires the referral of the child to a youth care facility or ‘Bahay Pag-
asa’.
"The local social welfare and development officer shall determine the
appropriate programs for the child who has been released, in consultation
with the child and the person having custody over the child. If the parents,
guardians or nearest relatives cannot be located, or if they refuse to take
custody, the child may be released to any of the following:
"(a) A duly registered NGO or religious organization;
!7
 "(b) A barangay official or a member of the Barangay Council for
the Protection of Children (BCPC);
"(c) A local social welfare and development officer; or, when and
where appropriate, the DSWD.
"If the child has been found by the local social welfare and development
officer to be dependent, abandoned, neglected or abused by his/her parents
and the best interest of the child requires that he/she be placed in a youth
care facility or ‘Bahay Pag-asa’, the child’s parents or guardians shall
execute a written authorization for the voluntary commitment of the child. If
the child has no parents or guardians or if they refuse or fail to execute the
written authorization for voluntary commitment, the proper petition for
involuntary commitment shall be immediately filed by the DSWD or the Local
Social Welfare and Development Office (LSWDO) pursuant to ‘The Child
and Youth Welfare Code.’ The minimum age for children committed to a
youth care facility or ‘Bahay Pag-asa’ shall be 12 years old."
"SEC. 20-A. Serious Crimes Committed by Children Who Are Exempt From
Criminal Responsibility. – A child who is 1) above 12 years of age up to 15
years of age and who commits 2.1) parricide, 2.2) murder, 2.3) infanticide,
2.4) kidnapping and serious illegal detention where the victim is killed or
raped, 2.5) robbery with homicide or rape, 2.6) destructive arson, 2.7) rape,
or 2.8) carnapping where the driver/occupant is killed or raped or 2.9)
offenses under the Comprehensive Dangerous Drugs Act punishable by
more than 12 years of imprisonment, shall be deemed a neglected child
under Presidential Decree No. 603 and shall be mandatorily placed in a
special facility within the youth care faculty or ‘Bahay Pag-asa’ called the
Intensive Juvenile Intervention and Support Center (IJISC).
The proper petition for involuntary commitment and placement under the
IJISC shall be filed by the local social welfare and development officer of
the LGU where the offense was committed, or by the DSWD social worker in
the local social welfare and development officer’s absence, within 24 hours
from the time of the receipt of a report on the alleged commission of said
child. The court, where the petition for involuntary commitment has been
filed shall decide on the petition within 72 hours from the time the said
petition has been filed by the DSWD/LSWDO. The court will determine the
initial period of placement of the child within the IJISC which shall not be
less than 1 year. The multi-disciplinary team of the IJISC will submit to the
court a case study and progress report, to include a psychiatric evaluation
report and recommend the reintegration of the child to his/her family or the
extension of the placement under the IJISC. The multi-disciplinary team will
also submit a report to the court on the services extended to the parents
and family of the child and the compliance of the parents in the intervention
program. The court will decide whether the child has successfully completed
the center-based intervention program and is already prepared to be
reintegrated with his/her family or if there is a need for the continuation of
the center-based rehabilitation of the child. The court will determine the next
period of assessment or hearing on the commitment of the child."
"SEC. 20-B. Repetition of Offenses. – A child who is above 12 years of age
up to 15 years of age and who commits an offense for the second time or
oftener and the child was previously subjected to a community-based
intervention program, shall be deemed a neglected child and shall undergo
an intensive intervention program supervised by the local social welfare and
development officer. If the best interest of the child requires that he/she be
placed in a youth care facility or ‘Bahay Pag-asa’, the child’s parents or
guardians shall execute a written authorization for the voluntary commitment
of the child.Iif the child has no parents or guardians or if they refuse or fail
to execute the written authorization for voluntary commitment, the proper
petition for involuntary commitment shall be immediately filed by the DSWD
or the LSWDO.
"SEC. 20-C. Exploitation of Children for Commission of Crimes. – Any
person who, in the commission of a crime, makes use, takes advantage of,
or profits from the use of children, including any person who abuses his/her
authority over the child or who, with abuse of confidence, takes advantage
of the vulnerabilities of the child and shall induce, threaten or instigate the
commission of the crime, shall be imposed the penalty prescribed by law for
the crime committed in its maximum period."
"SEC. 20-E. Assistance to Victims of Offenses Committed by Children. –
The victim of the offense committed by a child and the victim’s family shall
be provided the appropriate assistance and psychological intervention by
the LSWDO, the DSWD and other concerned agencies.”
TITLE V
JUVENILE JUSTICE AND WELFARE SYSTEM
CHAPTER I
INITIAL CONTACT WITH THE CHILD
SEC. 21. Procedure for Taking the Child into Custody. - From the moment a
child is taken into custody, the law enforcement officer shall:
(a) Explain to the child in simple language and in a dialect that he/
she can understand why he/she is being placed under custody
and the offense that he/she allegedly committed;
(b) Inform the child of the reason for such custody and advise the
child of his/her constitutional rights in a language or dialect
understood by him/her;
(e) Properly identify himself/herself and present proper
identification to the child;
(d) Refrain from using vulgar or profane words and from sexually
harassing or abusing, or making sexual advances on the child in
conflict with the law;
(e) Avoid displaying or using any firearm, weapon, handcuffs or
other instruments of force or restraint, unless absolutely
necessary and only after all other methods of control have been
exhausted and have failed;
(f) Refrain from subjecting the child in conflict with the law to
greater restraint than is necessary for his/her apprehension;
(g) Avoid violence or unnecessary force;
(h) Determine the age of the child pursuant to Section 7 of this
Act;
(i) Immediately but not later than 8 hours after apprehension, turn
over custody of the child to the Social Welfare and Development
Office or other accredited NGOs, and notify the child's
apprehension. The social welfare and development officer shall
explain to the child and the child's parents/guardians the
consequences of the child's act with a view towards counseling
and rehabilitation, diversion from the criminal justice system, and
reparation, if appropriate;
(j) Take the child immediately to the proper medical and health
officer for a thorough physical and mental examination. The
examination results shall be kept confidential unless otherwise
ordered by the Family Court. Whenever the medical treatment is
required, steps shall be immediately undertaken to provide the
same;
(k) Ensure that should detention of the child in conflict with the
law be necessary, the child shall be secured in quarters separate
from that of the opposite sex and adult offenders;
(l) Record the following in the initial investigation:
1. Whether handcuffs or other instruments of restraint
were used, and if so, the reason for such;
2. That the parents or guardian of a child, the DSWD,
and the PA0 have been informed of the apprehension
and the details thereof; and
3. The exhaustion of measures to determine the age of
a child and the precise details of the physical and
medical examination or the failure to submit a child to
such examination; and
(m) Ensure that all statements signed by the child during
investigation shall be witnessed by the child's parents or guardian,
!8
 social worker, or legal counsel in attendance who shall affix his/
her signature to the said statement.
A child in conflict with the law shall only be searched by a law enforcement
officer of the same gender and shall not be locked up in a detention cell.
"SEC. 22A. Duties During Initial Investigation. – The law enforcement officer
shall, in his/her investigation, determine where the case involving the child in
conflict with the law should be referred.
"The taking of the statement of the child shall be conducted in the presence
of the following: (1) child’s counsel of choice or in the absence thereof, a
lawyer from the Public Attorney’s Office; (2) the child’s parents, guardian, or
nearest relative, as the case may be; and (3) the local social welfare and
development officer. In the absence of the child’s parents, guardian, or
nearest relative, and the local social welfare and development officer, the
investigation shall be conducted in the presence of a representative of an
NGO, religious group, or member of the BCPC.
"The social worker shall conduct an initial assessment to determine the
appropriate interventions and whether the child acted with discernment,
using the discernment assessment tools developed by the DSWD. The local
social worker shall do either of the following:
"(a) Proceed in accordance with Section 20 if the child is fifteen
(15) years or below or above fifteen (15) but below eighteen (18)
years old, who acted without discernment; and
"(b) If the child is above fifteen (15) years old but below eighteen
(18) and who acted with discernment, proceed to diversion under
the following chapter."
CHAPTER 2
DIVERSION
SEC. 23. System of Diversion. - Children in conflict with the law shall
undergo diversion programs without undergoing court proceedings subject to
the conditions herein provided:
(a) Where the imposable penalty for the crime committee is not
more than 6 years imprisonment, the law enforcement officer or
Punong Barangay with the assistance of the local social welfare
and development officer or other members of the LCPC shall
conduct mediation, family conferencing and conciliation and,
where appropriate, adopt indigenous modes of conflict resolution
in accordance with the best interest of the child. The child and
his/her family shall be present in these activities.
(b) In victimless crimes where the imposable penalty is not more
than 6 years imprisonment, the local social welfare and
development officer shall meet with the child and his/her parents
or guardians for the development of the appropriate diversion and
rehabilitation program, in coordination with the BCPC;
(c) Where the imposable penalty for the crime committed
exceeds 6 years imprisonment, diversion measures may be
resorted to only by the court.
SEC. 24. Stages Where Diversion May be Conducted. - Diversion may be
conducted at the Katarungang Pambarangay, the police investigation or the
inquest or preliminary investigation stage and at all levels and phases of the
proceedings including judicial level.
SEC. 25. Conferencing, Mediation and Conciliation. - A child in conflict with
law may undergo conferencing, mediation or conciliation outside the criminal
justice system or prior to his entry into said system. A contract of diversion
may be entered into during such conferencing, mediation or conciliation
proceedings.
SEC. 26. Contract of Diversion. - If during the conferencing, mediation or
conciliation, the child voluntarily admits the commission of the act, a
diversion program shall be developed when appropriate. Such admission
shall not be used against the child in any subsequent judicial, quasi-judicial
or administrative proceedings. The diversion program shall be effective and
binding if accepted by the parties concerned. The acceptance shall be in
writing and signed by the parties concerned and the appropriate authorities.
The diversion proceedings shall be completed within 45 days. The period of
prescription of the offense shall be suspended until the completion of the
diversion proceedings but not to exceed 45 days.
The child shall present himself/herself to the competent authorities that
imposed the diversion program at least once a month for reporting and
evaluation of the effectiveness of the program.
Failure to comply with the terms and conditions of the contract of diversion
shall give the offended party the option to institute the appropriate legal
action.
The period of prescription of the offense shall be suspended during the
effectivity of the diversion program, but not exceeding a period of 2 years.
SEC. 27. Duty of the Punong Barangay When There is No Diversion. - If the
offense does not fall under Section 23(a) and (b), or if the child, his/her
parents or guardian does not consent to a diversion, the Punong Barangay
handling the case shall, within 3 days from determination of the absence of
jurisdiction over the case or termination of the diversion proceedings, as the
case may be, forward the records of the case of the child to the law
enforcement officer, prosecutor or the appropriate court, as the case may
be.
SEC. 28. Duty of the Law Enforcement Officer When There is No Diversion. -
If the offense does not fall under Section 23(a) and (b), or if the child, his/
her parents or guardian does not consent to a diversion, the Women and
Children Protection Desk of the PNP, or other law enforcement, to the
prosecutor or judge concerned for the conduct of inquest and/or preliminary
investigation to determine whether or not the child should remain under
custody and correspondingly charged in court. The document transmitting
said records shall display the word "CHILD" in bold letters.
SEC. 29. Factors in Determining Diversion Program. - In determining whether
diversion is appropriate and desirable, the following factors shall be taken
into consideration:
(a) The nature and circumstances of the offense charged;
(b) The frequency and the severity of the act;
(c) The circumstances of the child (e.g. age, maturity, intelligence,
etc.);
(d) The influence of the family and environment on the growth of
the child;
(e) The reparation of injury to the victim;
(f) The weight of the evidence against the child;
(g) The safety of the community; and
(h) The best interest of the child.
SEC. 30. Formulation of the Diversion Program. - In formulating a diversion
program, the individual characteristics and the peculiar circumstances of the
child in conflict with the law shall be used to formulate an individualized
treatment.
The following factors shall be considered in formulating a diversion program
for the child:
(a) The child's feelings of remorse for the offense he/she
committed;
(b) The parents' or legal guardians' ability to guide and supervise
the child;
(c) The victim's view about the propriety of the measures to be
imposed; and
(d) The availability of community-based programs for
rehabilitation and reintegration of the child.
SEC. 31. Kinds of Diversion Programs. - The diversion program shall include
adequate socio-cultural and psychological responses and services for the
child. At the different stages where diversion may be resorted to, the
following diversion programs may be agreed upon, such as, but not limited
to:
!9
 (a) At the level of the Punong Barangay:
(1) Restitution of property;
(2) Reparation of the damage caused;
(3) Indemnification for consequential damages;
(4) Written or oral apology;
(5) Care, guidance and supervision orders;
(6) Counseling for the child in conflict with the law and
the child's family;
(7)Attendance in trainings, seminars and lectures on:
(i) anger management skills;
(ii) problem solving and/or conflict resolution
skills;
(iii) values formation; and
(iv) other skills which will aid the child in
dealing with situations which can lead to
repetition of the offense;
(8) Participation in available community-based
programs, including community service; or
(9) Participation in education, vocation and life skills
programs.
(b) At the level of the law enforcement officer and the prosecutor:
(1) Diversion programs specified under paragraphs (a)
(1) to (a)(9) herein; and
(2) Confiscation and forfeiture of the proceeds or
instruments of the crime;
(c) At the level of the appropriate court:
(1) Diversion programs specified under
paragraphs(a)and (b) above;
(2) Written or oral reprimand or citation;
(3) Fine:
(4) Payment of the cost of the proceedings; or
(5) Institutional care and custody.
CHAPTER 3
PROSECUTION
SEC. 32. Duty of the Prosecutor's Office. - There shall be a specially trained
prosecutor to conduct inquest, preliminary investigation and prosecution of
cases involving a child in conflict with the law. If there is an allegation of
torture or ill-treatment of a child in conflict with the law during arrest or
detention, it shall be the duty of the prosecutor to investigate the same.
SEC. 33A. Preliminary Investigation and Filing of Information. – The
prosecutor shall conduct a preliminary investigation in the following
instances: 1) when the child in conflict with the law does not qualify for
diversion; 2) when the child, his/her parents or guardian does not agree to
diversion as specified in Sections 27 and 28; and 3) when considering the
assessment and recommendation of the social worker, the prosecutor
determines that diversion is not appropriate for the child in conflict with the
law.
"Upon serving the subpoena and the affidavit of complaint, the prosecutor
shall notify the Public Attorney’s Office of such service, as well as the
personal information, and place of detention of the child in conflict with the
law.
"Upon determination of probable cause by the prosecutor, the information
against the child shall be filed before the Family Court within forty-five (45)
days from the start of the preliminary investigation. The information must
allege that the child acted with discernment."
CHAPTER 4
COURT PROCEEDINGS
SEC. 34. Bail. - For purposes of recommending the amount of bail, the
privileged mitigating circumstance of minority shall be considered.
SEC. 35. Release on Recognizance. - Where a child is detained, the court
shall order:
(a) the release of the minor on recognizance to his/her parents
and other suitable person;
(b) the release of the child in conflict with the law on bail; or
(c) the transfer of the minor to a youth detention home/youth
rehabilitation center.
The court shall not order the detention of a child in a jail pending trial or
hearing of his/her case.
SEC. 36. Detention of the Child Pending Trial. - Children detained pending
trial may be released on bail or recognizance as provided for under
Sections 34 and 35 under this Act. In all other cases and whenever
possible, detention pending trial may be replaced by alternative measures,
such as close supervision, intensive care or placement with a family or in an
educational setting or home. Institutionalization or detention of the child
pending trial shall be used only as a measure of last resort and for the
shortest possible period of time.
Whenever detention is necessary, a child will always be detained in youth
detention homes established by local governments, pursuant to Section 8 of
the Family Courts Act, in the city or municipality where the child resides.
SEC. 37. Diversion Measures. - Where the maximum penalty imposed by law
for the offense with which the child in conflict with the law is charged is
imprisonment of not more than 12 years, regardless of the fine or fine alone
regardless of the amount, and before arraignment of the child in conflict
with the law, the court shall determine whether or not diversion is
appropriate.
SEC. 38. Automatic Suspension of Sentence. - Once the child who is under
18 years of age at the time of the commission of the offense is found guilty
of the offense charged, the court shall determine and ascertain any civil
liability which may have resulted from the offense committed. However,
instead of pronouncing the judgment of conviction, the court shall place the
child in conflict with the law under suspended sentence, without need of
application. Suspension of sentence shall still be applied even if the juvenile
is already 18 of age or more at the time of the pronouncement of his/her
guilt.
SEC. 39. Discharge of the Child in Conflict with the Law. - Upon the
recommendation of the social worker who has custody of the child, the
court shall dismiss the case against the child whose sentence has been
suspended and against whom disposition measures have been issued, and
shall order the final discharge of the child if it finds that the objective of the
disposition measures have been fulfilled.
The discharge of the child in conflict with the law shall not affect the civil
liability resulting from the commission of the offense, which shall be
enforced in accordance with law.
SEC. 40. Return of the Child in Conflict with the Law to Court. - If the court
finds that the objective of the disposition measures imposed upon the child
in conflict with the law have not been fulfilled, or if the child in conflict with
the law has willfully failed to comply with the conditions of his/her
disposition or rehabilitation program, the child in conflict with the law shall
be brought before the court for execution of judgment.
If said child in conflict with the law has reached 18 years of age while under
suspended sentence, the court shall determine whether to discharge the
child in accordance with this Act, to order execution of sentence, or to
extend the suspended sentence for a certain specified period or until the
child reaches the maximum age of 21 years.
SEC. 41. Credit in Service of Sentence. - The child in conflict with the law
shall be credited in the services of his/her sentence with the full time spent
in actual commitment and detention under this Act.
!10
SEC. 42. Probation as an Alternative to Imprisonment. - The court may, after
it shall have convicted and sentenced a child in conflict with the law, and
upon application at any time, place the child on probation in lieu of service
of his/her sentence taking into account the best interest of the child. For
this purpose, Section 4 of Presidential Decree No. 968, otherwise known as
the "Probation Law of 1976", is hereby amended accordingly.
TITLE VI
REHABILITATION AND REINTEGRATION
SEC. 44. Objective of Rehabilitation and Reintegration. - The objective of
rehabilitation and reintegration of children in conflict with the law is to
provide them with interventions, approaches and strategies that will enable
them to improve their social functioning with the end goal of reintegration to
their families and as productive members of their communities.
SEC. 45. Court Order Required. - No child shall be received in any
rehabilitation or training facility without a valid order issued by the court
after a hearing for the purpose. The details of this order shall be
immediately entered in a register exclusively for children in conflict with the
law. No child shall be admitted in any facility where there is no such register.
SEC. 46, Separate Facilities from Adults. - In all rehabilitation or training
facilities, it shall be mandatory that children shall be separated from adults
unless they are members of the same family. Under no other circumstance
shall a child in conflict with the law be placed in the same confinement as
adults.
The rehabilitation, training or confinement area of children in conflict with
the law shall provide a home environment where children in conflict with the
law can be provided with quality counseling and treatment.
SEC. 47. Female Children. - Female children in conflict with the law placed
in an institution shall be given special attention as to their personal needs
and problems. They shall be handled by female doctors, correction officers
and social workers, and shall be accommodated separately from male
children in conflict with the law.
"SEC. 49A. Establishment of ‘Bahay Pag-Asa’. – Each province and highly-
urbanized city (the LGUs) shall be responsible for building, funding and
operating a ‘Bahay Pag-asa’ within their jurisdiction following the standards
that will be set by the DSWD and adopted by the JJWC.
"Every ‘Bahay Pag-asa’ will have a special facility called the IJISC. This
Center will be allocated for children in conflict with the law in accordance
with Sections 20, 20-A and 20-B hereof. These children will be required to
undergo a more intensive multi-disciplinary intervention program.
SEC. 51. Confinement of Convicted Children in Agricultural Camps and
other Training Facilities. - A child
in conflict with the law may, after conviction and upon order of the court, be
made to serve his/her sentence, in lieu of confinement in a regular penal
institution, in an agricultural camp and other training facilities that may be
established, maintained, supervised and controlled by the BUCOR, in
coordination with the DSWD.
SEC. 52. Rehabilitation of Children in Conflict with the Law. - Children in
conflict with the law, whose sentences are suspended may, upon order of
the court, undergo any or a combination of disposition measures best suited
to the rehabilitation and welfare of the child
If the community-based rehabilitation is availed of by a child in conflict with
the law, he/she shall be released to parents, guardians, relatives or any
other responsible person in the community. Under the supervision and
guidance of the local social welfare and development officer, and in
coordination with his/her parents/guardian, the child in conflict with the law
shall participate in community-based programs, which shall include, but not
limited to:
(1) Competency and life skills development;
(2) Socio-cultural and recreational activities;
(3) Community volunteer projects;
(4) Leadership training;
(5) Social services;
(6) Homelife services;
(7) Health services; .
(8) Spiritual enrichment; and
(9) Community and family welfare services.
In accordance therewith, the family of the child in conflict with the law shall
endeavor to actively participate in the community-based rehabilitation.
Based on the progress of the youth in the community, a final report will be
forwarded by the local social welfare and development officer to the court
for final disposition of the case.
SEC. 54. Objectives of Community Based Programs. - The objectives of
community-based programs are as follows:
(a) Prevent disruption in the education or means of livelihood of
the child in conflict with the law
(b) Prevent separation of the child in conflict with the law from
his/her parents/guardians to maintain the support system fostered
by their relationship and to create greater awareness of their
mutual and reciprocal responsibilities;
(c) Facilitate the rehabilitation and mainstreaming of the child in
conflict with the law and encourage community support and
involvement; and
(d) Minimize the stigma that attaches to the child in conflict with
the law by preventing jail detention.
SEC. 56. After-Care Support Services for Children in Conflict with the Law. -
Children in conflict with the law whose cases have been dismissed by the
proper court because of good behavior as per recommendation of the
DSWD social worker and/or any accredited NGO youth rehabilitation center
shall be provided after-care services by the local social welfare and
development officer for a period of at least six (6) months. The service
includes counseling and other community-based services designed to
facilitate social reintegration, prevent re-offending and make the children
productive members of the community.
TITLE VII
GENERAL PROVISIONS
CHAPTER 1
EXEMPTING PROVISIONS
"SEC. 57. Status Offenses. – Any conduct not considered an offense or not
penalized if committed by an adult shall not be considered an offense and
shall not be punished if committed by a child."
"SEC. 57-A. Violations of Local Ordinances. – Ordinances enacted by local
governments concerning juvenile status offenses such as curfew violations,
truancy, parental disobedience, anti-smoking and anti-drinking laws, as well
as light offenses and misdemeanors against public order or safety such as,
but not limited to, disorderly conduct, public scandal, harassment,
drunkenness, public intoxication, criminal nuisance, vandalism, gambling,
mendicancy, littering, public urination, and trespassing, shall be for the
protection of children. No penalty shall be imposed on children for said
violations, and they shall instead be brought to their residence or to any
barangay official at the barangay hall to be released to the custody of their
parents. Appropriate intervention programs shall be provided for in such
ordinances. The child shall also be recorded as a ‘child at risk’ and not as a
‘child in conflict with the law’. The ordinance shall also provide for
intervention programs, such as counseling, attendance in group activities for
children, and for the parents, attendance in parenting education seminars."
SEC. 58. Offenses Not Applicable to Children. - Persons below 18 years of
age shall be exempt from prosecution for the crime of 1) vagrancy and
prostitution, 2) mendicancy under Presidential Decree No. 1563, and 3)
sniffing of rugby under Presidential Decree No. 1619, such prosecution
being inconsistent with the United Nations Convention on the Rights of the
Child. Said persons shall undergo appropriate counseling and treatment
program.
!11
SEC. 59. Exemption from the Application of Death Penalty. - The provisions
of the Revised Penal Code, as amended, Republic Act No. 9165, otherwise
known as the Comprehensive Dangerous Drugs Act of 2002, and other
special laws notwithstanding, no death penalty shall be imposed upon
children in conflict with the law.
CHAPTER 2
PROHIBITED ACTS
SEC. 60. Prohibition Against Labeling and Shaming. - In the conduct of the
proceedings beginning from the initial contact with the child, the authorities
must refrain from branding or labeling children as young criminals, juvenile
delinquents, prostitutes or attaching to them in any manner any other
derogatory names. Likewise, no discriminatory remarks and practices shall
be allowed particularly with respect to the child's class or ethnic origin.
SEC. 61. Other Prohibited Acts. - The following and any other similar acts
shall be considered prejudicial and detrimental to the psychological,
emotional, social, spiritual, moral and physical health and well-being of the
child in conflict with the law and therefore, prohibited:
(a) Employment of threats of whatever kind and nature;
(b) Employment of abusive, coercive and punitive measures such
as cursing, beating, stripping, and solitary confinement;
(c) Employment of degrading, inhuman end cruel forms of
punishment such as shaving the heads, pouring irritating,
corrosive or harmful substances over the body of the child in
conflict with the law, or forcing him/her to walk around the
community wearing signs which embarrass, humiliate, and
degrade his/her personality and dignity; and
(d) Compelling the child to perform involuntary servitude in any
and all forms under any and all instances.
CHAPTER 3
PENAL PROVISION
SEC. 62. Violation of the Provisions of this Act or Rules or Regulations in
General. - Any person who violates any provision of this Act or any rule or
regulation promulgated in accordance thereof shall, upon conviction for
each act or omission, be punished by a fine of not less than Twenty
thousand pesos (P20,000.00) but not more than Fifty thousand pesos
(P50,000.00) or suffer imprisonment of not less than eight (8) years but not
more than ten (10) years, or both such fine and imprisonment at the
discretion of the court, unless a higher penalty is provided for in the Revised
Penal Code or special laws. If the offender is a public officer or employee,
he/she shall, in addition to such fine and/or imprisonment, be held
administratively liable and shall suffer the penalty of perpetual absolute
disqualification.
TITLE VIII
TRANSITORY PROVISIONS
SEC. 64. Children in Conflict with the Law 15 Years Old and Below. - Upon
effectivity of this Act, cases of children 15 years old and below at the time
of the commission of the crime shall immediately be dismissed and the child
shall be referred to the appropriate local social welfare and development
officer. Such officer, upon thorough assessment of the child, shall determine
whether to release the child to the custody of his/her parents, or refer the
child to prevention programs as provided under this Act. Those with
suspended sentences and undergoing rehabilitation at the youth
rehabilitation center shall likewise be released, unless it is contrary to the
best interest of the child.
SEC. 65. Children Detained Pending Dial. - If the child is detained pending
trial, the Family Court shall also determine whether or not continued
detention is necessary and, if not, determine appropriate alternatives for
detention.
If detention is necessary and he/she is detained with adults, the court shall
immediately order the transfer of the child to a youth detention home.
SEC. 67. Children Who Reach the Age of 18 Years Pending Diversion and
Court Proceedings. - If a child reaches the age of 18 years pending
diversion and court proceedings, the appropriate diversion authority in
consultation with the local social welfare and development officer or the
Family Court in consultation with the Social Services and Counseling
Division (SSCD) of the Supreme Court, as the case may be, shall determine
the appropriate disposition. In case the appropriate court executes the
judgment of conviction, and unless the child in conflict the law has already
availed of probation under Presidential Decree No. 603 or other similar laws,
the child may apply for probation if qualified under the provisions of the
Probation Law.
SEC. 68. Children Who Have Been Convicted and are Serving Sentence. -
retroactive application. They shall be entitled to appropriate dispositions
provided under this Act and their sentences shall be adjusted accordingly.
They shall be immediately released if they are so qualified under this Act or
other applicable law.
PRESIDENTIAL DECREE No. 1612
ANTI-FENCING LAW
Section 2. Definition of Terms.
(a) "Fencing" - act of any person who, 1) with intent to gain for
himself or for another, shall buy/receive/possess/keep /conceal/
sell, or shall buy and sell, or in any other manner deal in any
article 2) which he knows, or should be known to him, to have
been 3) derived from the proceeds of the crime of robbery or
theft.
(b) "Fence" includes any person, firm, association corporation or
partnership or other organization who/which commits the act of
fencing.
Section 3. Penalties. Any person guilty of fencing shall be punished as
hereunder indicated:
(a) The penalty of prision mayor, if the value of the property
involved is more than 12,000 pesos but not exceeding 22,000
pesos; if the value of such property exceeds the latter sum, the
penalty provided in this paragraph shall be imposed in its
maximum period, adding one year for each additional 10,000
pesos; but the total penalty which may be imposed shall not
exceed twenty years. In such cases, the penalty shall be termed
reclusion temporal and the accessory penalty pertaining thereto
provided in the Revised Penal Code shall also be imposed.
(b) The penalty of prision correccional in its medium and
maximum periods, if the value of the property robbed or stolen is
more than 6,000 pesos but not exceeding 12,000 pesos.
(c) The penalty of prision correccional in its minimum and medium
periods, if the value of the property involved is more than 200
pesos but not exceeding 6,000 pesos.
(d) The penalty of arresto mayor in its medium period to prision
correccional in its minimum period, if the value of the property
involved is over 50 pesos but not exceeding 200 pesos.
(e) The penalty of arresto mayor in its medium period if such
value is over five (5) pesos but not exceeding 50 pesos.
(f) The penalty of arresto mayor in its minimum period if such
value does not exceed 5 pesos.
Section 4. Liability of Officials of Juridical Persons. If the fence is a
partnership, firm, corporation or association, the president or the manager
or any officer thereof who knows or should have known the commission of
the offense shall be liable.
Section 5. Presumption of Fencing. Mere possession of any good, article,
item, object, or anything of value which has been the subject of robbery or
thievery shall be prima facie evidence of fencing.
Section 6. Clearance/Permit to Sell/Used Second Hand Articles. All stores,
establishments or entities dealing in the buy and sell of any good or object
of anything of value obtained from an unlicensed dealer or supplier thereof,
shall before offering the same for sale to the public, secure the necessary
clearance or permit from the station commander of the Integrated National
!12
Police in the town or city where such store, establishment or entity is
located. Any person who fails to secure the clearance or permit required by
this section or who violates any of the provisions of the rules and
regulations promulgated thereunder shall upon conviction be punished as a
fence.
RULES AND REGULATIONS TO CARRY OUT THE PROVISIONS OF
SECTION 6 OF THE ANTI-FENCING LAW.
I. Definition of Terms
1. "Used secondhand article" - any goods, article, item, object or
anything of value obtained from an unlicensed dealer or supplier,
regardless of whether the same has actually or in fact been used.
2. "Unlicensed dealer/supplier" shall refer to any persons,
partnership, firm, corporation, association or any other entity or
establishment not licensed by the government to engage in the
business of dealing in or of supplying the articles defined in the
preceding paragraph.
4. "Buy and Sell" refer to the transaction whereby one purchases
used secondhand articles for the purpose of resale to third
persons.
II. Duty to Procure Clearance or Permit
1. No person shall sell or offer to sell to the public any used
secondhand article without first securing a clearance or permit
from the proper Station Commander of the Integrated National
Police.
2. If the person seeking the clearance or permit is a partnership,
firm, corporation, or association or group of individuals, the
clearance or permit shall be obtained by or in the name of the
president, manager or other responsible officer-in-charge thereof.
3. If a store, firm, corporation, partnership, association or other
establishment or entity has a branch or subsidiary and the used
secondhand article is acquired by such branch or subsidiary for
sale to the public, the said branch or subsidiary shall secure the
required clearance or permit.
4. Any goods or anything of value acquired from any source for
which no receipt or equivalent document evidencing the legality of
its acquisition could be presented by the present possessor, or
the covering receipt, or equivalent document, of which is fake or
irregularly obtained, shall be presumed as having been acquired
from an unlicensed dealer or supplier and the possessor or holder
thereof must secure the required clearance or permit before the
same can be sold or offered for sale to the public.
III. Procedure for Procurement of Clearances or Permits
1. The Station Commanders concerned shall require the owner of
a store or the president, manager or responsible officer-in-charge
of a firm and in possession of or having in stock used
secondhand articles to submit an initial affidavit within 30 days
from receipt of notice for the purpose thereof and subsequent
affidavits once every 15 days within 5 days after the period
covered, which shall contain:
(a) A complete inventory of such articles acquired daily
from whatever source and the names and addresses
of the persons from whom such articles were acquired.
(b) A full list of articles to be sold or offered for sale as
well as the place where the date when the sale or offer
for sale shall commence.
(c) The place where the articles are presently
deposited or kept in stock.
2. A party required to secure a clearance or permit under these
rules and regulations shall file an application therefor with the
IV. Appeals
Station Commander concerned. The application shall state:
(a) The name, address and other pertinent
circumstances of the persons, in case of an individual
or, in the case of a firm, corporation, association,
partnership or other entity, the name, address and
other pertinent circumstances of the president,
manager or officer-in-charge.
(b) The article to be sold or offered for sale to the
public and the name and address of the unlicensed
dealer or supplier from whom such article was
acquired.
In support of the application, there shall be attached to it the
corresponding receipt or other equivalent document to show
proof of the legitimacy of acquisition of the article.
3. The Station Commander shall examine the documents
attached to the application and may require the presentation of
other additional documents, if necessary, to show satisfactory
proof of the legitimacy of acquisition of the article, subject to the
following conditions:
(a) If the legitimacy of acquisition of any article from an
unlicensed source cannot be satisfactorily established
by the documents presented, the Station Commander
shall, upon approval of the INP Superintendent in the
district and at the expense of the party seeking the
clearance/permit, cause the publication of a notice in a
newspaper of general circulation for two (2) successive
days enumerating therein the articles acquired from an
unlicensed dealer or supplier, the names and
addresses of the persons from whom they were
acquired and shall state that such articles are to be
sold or offered for sale to the public at the address of
the store, establishment or other entity seeking the
clearance/permit. In places where no newspapers are
in general circulation, the party seeking the clearance
or permit shall, instead, post a notice daily for one
week on the bulletin board of the municipal building of
the town where the store, firm, establishment or entity
concerned is located or, in the case of an individual,
where the articles in his possession are to be sold or
offered for sale.
(b) If after 15 days, no claim is made with respect to
any of the articles enumerated in the notice, the
Station Commander shall issue the clearance or permit
sought.
(c) If, before expiration of the same period for
publication of the notice or its posting, it shall appear
that any of the articles in question is stolen property,
the Station Commander shall hold the article in
restraint as evidence in any appropriate case to be
filed. Articles held in restraint shall be kept and
disposed of as the circumstances of each case permit.
In any case where any article is held in restraint, it shall
be the duty of the Station Commander concerned to
advise/notify the Commission on Audit of the case and
comply with such procedure as may be proper under
applicable existing laws, rules and regulations.
4. The Station Commander concerned shall, within 72 hours from
receipt of the application, act thereon by either issuing the
clearance/permit requested or denying the same. Denial of an
application shall be in writing and shall state in brief the reason/s
therefor.
6. For the issuance of clearances/permit required under Section 6
of P.D. No. 1612, no fee shall be charged.
!13
Any party aggrieved by the action taken by the Station Commander may
elevate the decision taken in the case to the proper INP District
Superintendent and, if he is still dissatisfied therewith may take the same on
appeal to the INP Director. The decision of the INP Director may also be
appealed to the INP Director-General whose decision may likewise be
appealed to the Minister of National Defense. The decision of the Minister
of National Defense on the case shall be final. The appeal against the
decision taken by a Commander lower than the INP Director-General should
be filed to the next higher Commander within ten (10) days from receipt of
notice of the decision. The decision of the INP Director-General should be
appealed within fifteen (15) days from receipt of notice of the decision.
V. Penalties
1. Any person who fails to secure the clearance or permit
required by Section 6 of P.D. 1612 or who violates any of the
provisions of these rules and regulations shall upon conviction be
punished as a fence.
2. The INP Director-General shall recommend to the proper
authority the cancellation of the business license of the erring
individual, store, establishment or the entity concerned.
3. Articles obtained from unlicensed sources for sale or offered
for sale without prior compliance with the provisions of Section 6
of P.D. No. 1612 and with these rules and regulations shall be
held in restraint until satisfactory evidence or legitimacy of
acquisition has been established.
VI. Visitorial Power
It shall be the duty of the owner of the store or of the president, manager or
responsible officer-in-charge of any firm, establishment or other entity or of
an individual having in his premises articles to be sold or offered for sale to
the public to allow the Station Commander or his authorized representative
to exercise visitorial powers. For this purpose, however, the power to
conduct visitations shall be exercise only during office or business hours
and upon authority in writing from and by the INP Superintendent in the
district and for the sole purpose of determining whether articles are kept in
possession or stock contrary to the intents of Section 6 of P.D. No. 1612
and of these rules and regulations.
[no need to prove... as long as cannot explain how came to possession]
[dealing in bulk?]
PRESIDENTIAL DECREE No. 1829
PENALIZING OBSTRUCTION OF APPREHENSION AND PROSECUTION OF
CRIMINAL OFFENDERS
Section 1. The penalty of prision correccional in its maximum period, or a
fine ranging from 1,000 to 6,000 pesos, or both, shall be imposed upon any
person who 1) knowingly or willfully PA1) obstructs, impedes, frustrates or
delays the 1.1) apprehension of suspects and the1.2) investigation and 1.3)
prosecution of criminal cases by committing 2) any of the following acts:
(a) preventing witnesses from testifying in any criminal proceeding
or from reporting the commission of any offense or the identity of
any offender/s by means of bribery, misrepresentation, deceit,
intimidation, force or threats; [if just asking witness not to testify
– not offense]
(b) altering, destroying, suppressing or concealing any paper,
record, document, or object, with intent to impair its verity,
authenticity, legibility, availability, or admissibility as evidence in
any investigation or official proceedings in, criminal cases, or to
be used in the investigation of, or official proceedings in, criminal
cases;
(c) harboring or concealing, or facilitating the escape of, any
person he knows, or has reasonable ground to believe has
committed any offense in order to prevent his arrest prosecution
and conviction;
(d) publicly using a fictitious name for the purpose of concealing
a crime, evading prosecution or the execution of a judgment, or
concealing his true name and other personal circumstances for
the same purpose or purposes;
(e) delaying the prosecution of criminal cases by obstructing the
service of process or court orders or disturbing proceedings in
the fiscal's offices, in Tanodbayan, or in the courts;
(f) making, presenting or using any record, document, paper or
object with knowledge of its falsity and with intent to affect the
course or outcome of the investigation of, or official proceedings
in, criminal cases;
(g) soliciting, accepting, or agreeing to accept any benefit in
consideration of abstaining from, discounting, or impeding the
prosecution of a criminal offender;
(h) threatening directly or indirectly another with the infliction of
any wrong upon his person, honor or property or that of any
immediate member of his family in order to prevent such person
from appearing in the investigation of, or official proceedings in,
criminal cases, or imposing a condition, whether lawful or
unlawful, in order to prevent a person from appearing in the
investigation of or in official proceedings in, criminal cases;
(i) giving of false or fabricated information to mislead or prevent
the law enforcement agencies from apprehending the offender or
from protecting the life or property of the victim; or fabricating
information from the data gathered in confidence by investigating
authorities for purposes of background information and not for
publication and publishing or disseminating the same to mislead
the investigator or to the court.
If any of the acts mentioned herein is penalized by any other law with a
higher penalty, the higher penalty shall be imposed.
Section 2. If any of the foregoing acts is committed by a public official or
employee, he shall in addition to the penalties provided thereunder, suffer
perpetual disqualification from holding public office.
Republic Act No. 8484
Access Devices Regulation Act
Section 2. Declaration of policy. – The State recognizes the recent
advances in technology and the widespread use of access devices in
commercial transactions. Toward this end, the State shall protect the rights
and define the liabilities of parties in such commercial transactions by
regulating the issuance and use of access devices.
Section 3. Definition of terms. – For purposes of this Act, the terms:
(a) Access Device – means any card, plate, code, account
number, electronic serial number, personal identification number,
or other telecommunications service, equipment, or instrumental
identifier, or other means of account access that can be used to
obtain money, good, services, or any other thing of value or to
initiate a transfer of funds;
(b) Counterfeit Access Device – means any access device that is
counterfeit, fictitious, altered, or forged, or an identifiable
component of an access device or counterfeit access device;
(c) Unauthorized Access Device – means any access device that
is stolen, lost, expired, revoked, canceled, suspended, or obtained
with intent to defraud;
(d) Access Device Fraudulently Applied for – means any access
device that was applied for or issued on account of the use of
falsified document, false information, fictitious identities and
addresses, or any form of false pretense or misrepresentation;
(e) Consumer – means a natural person;
(f) Credit Card – means any card, plate, coupon book, or other
credit device existing for the purpose of obtaining money, goods,
property, labor or services or any thing of value on credit;
(g) Device Making or Altering Equipment – means any equipment,
mechanism or impression designed or primarily used for making/
!14
 altering/reencoding an access device or a counterfeit access
device;
(h) Finance Charges – represent the amount to be paid by the
debtor incident to the extension of credit such as interest or
discounts, collection fees, credit investigation fees, and other
service charges;
(i) Open-end-credit plan – means a consumer credit extended
pursuant to a plan under which:
1) the creditor may permit the person to make
purchase or obtain loans, from time to time, directly
from the creditor or indirectly by use of credit card, or
other service;
2) the person has the privilege of paying the balance;
or
3) a finance charge may be computed by the creditor
from time to time on an unpaid balance.
(j) Penalty Charges – means such amount, in addition to interest,
imposed on the credit card holder for non-payment of an account
within a prescribed period;
(k) Produce – includes design, alter, authenticate, duplicate or
assemble; and
(l) Trafficking – means transferring, or otherwise disposing of, to
another, or obtaining control of, with intent to transfer or dispose
of.
Section 4. Disclosure Requirements in Credit Card Application and
Solicitation. – Any 1) application to open a credit card account for any
person under an open-end credit plan or 2) solicitation to open such an
account, either by mail, telephone or other means, shall disclose in writing or
orally, the following information:
(a) Annual Percentage Rate
1) Each annual percentage rate of interest on the
amount of credit obtained by the credit card holder
under such credit plan. Where an extension of credit is
subject to a variable rate, the fact that the rate is
variable, and the annual percentage rate in effect at
the time of the mailing.
2) Where more than one rate applies, the range of
balances to which each rate applies.
(b) Annual and other Fees
1) Any annual fee, other periodic fee, or membership
fee imposed for the issuance or availability of a credit
card, including any account maintenance fee or any
other charge imposed based on activity or inactivity for
the account during the billing cycle.
2) Any minimum finance charge imposed for each
period during which any extension of credit which is
subject to a finance charge is outstanding.
3) Any transaction charge imposed in connection with
use of the card to purchase goods or services.
4) Any fee, penalty or surcharge imposed for the delay
in payment of an account.
(c) Balance Calculation Method – the name or a detailed
explanation of the balance calculation method used in
determining the balance upon which the finance charge is
computed.
(d) Cash Advance Fee – any fee imposed for an extension of
credit in the form of cash.
(e) Over-the-Limit-Fee – any fee imposed in connection with an
extension of credit in excess of the amount of credit authorized
to be extended with respect to such amount
In case the application or solicitation to open a credit card
account for any person under an open-end consumer credit plan
be made through catalogs, magazines, or other publications, the
following additional information shall be disclosed:
1) A statement, in a conspicuous and prominent
location on the application or solicitation, that:
i) the information is accurate as of the date
the application or solicitation was printed;
ii) the information contained in the
application or solicitation is subject to
change after such date;
iii) the applicant should contact the creditor
for information on any change in the
information contained in the application or
solicitation since it was printed;
(2) The date the application or solicitation was printed;
and
(3) In a conspicuous and prominent location on the
application or solicitation, a toll free telephone number
or mailing address which the applicant may contact to
obtain any change in the information provided in the
application or solicitation since it was printed.
Section 5. Computations. – In addition to the foregoing, a credit card issuer
must, to the extent practicable, provide a detailed explanation and a clear
illustration of the manner by which all charges and fees are computed.
Section 6. Exceptions. – The disclosures required under Section 4 of this
Act may be omitted in R: any telephone solicitation or application if the
credit card issuer:
(a) does not impose any fee in connection with paragraph (b)(1),
Section 4 of this Act;
(b) does not impose any fee in connection with telephone
solicitation unless the consumer signifies acceptance by using
the card;
(c) discloses clearly the information described in Section 4 of this
Act in writing within 30 days after the consumer requests the
card, but in no event later than the date of delivery of the card;
and
(d) discloses clearly that the consumer is not obligated to accept
the card or account and the consumer will not be obligated to pay
any fees or charges disclosed unless the consumer elects to
accept the card or account by using the card.
Section 7. Disclosure Prior to Renewal. – Except in telephone solicitations a
card issuer that imposes any fee described in Section 4 shall transmit to a
consumer's credit card account a clear and conspicuous disclosure of:
(a) the date by which, the month by which, or the billing period at
the close of which, the account will expire if not renewed;
(b) the information described in Section 4 which shall be
transmitted to a consumer at least 30 days prior to the scheduled
renewal date of the consumer's credit card account;
(c) the information described in Section 4 (a) (1) which shall be
transmitted to a consumer's credit card account; and
(d) the method by which the consumer may terminate continued
credit availability under the account: Provided, That the
disclosures required by this section must be made prior to posting
a fee described in Section 4 (b) (1) to the account, or with the
periodic billing statement first disclosing that the fee has been
posted to the account subject to the condition that the consumer
!15
 is given thirty (30) day period to avoid payment of the fee or to
have the fee recredited to the account in any case where the
consumer does not wish to continue the availability of the credit.
Section 8. Failure to Disclose. – Credit card companies which shall fail to
disclose the information required under Sections 4, 5 and 7 of this Act, after
due notice and hearing, shall be subject to suspension or cancellation of
their authority to issue credit cards by the BSP, SEC and such other
government agencies.
Section 9. Prohibited Acts. – The following acts shall constitute access
device fraud and are hereby declared to be unlawful:
(a) producing, using, trafficking in one or more counterfeit access
devices;
(b) trafficking in one or more unauthorized access devices or
access devices fraudulently applied for;
(c) using, R: with intent to defraud, an unauthorized access device;
(d) using an access device fraudulently applied for;
(e) possessing one or more counterfeit access devices or access
devices fraudulently applied for;
(f) producing, trafficking in, having control or custody of, or
possessing device-making or altering equipment without being in
the business or employment which lawfully deals with the
manufacture, issuance, or distribution of such equipment;
(g) inducing, enticing, permitting or allowing another, for
consideration or otherwise to produce, use, traffic in counterfeit
access devices, unauthorized access devices or access devices
fraudulently applied for;
(h) multiple imprinting on more than one transaction record, sales
slip or similar document, thereby making it appear that the device
holder has entered into a transaction other than those which said
device holder had lawfully contracted for, or submitting, without
being an affiliated merchant, an order to collect from the issuer
of the access device, such extra sales slip through an affiliated
merchant who connives therewith, or, under false pretenses of
being an affiliated merchant, present for collection such sales
slips, and similar documents;
(i) disclosing any information imprinted on the access device,
such as, but not limited to, the account number or name or
address of the device holder, without the latter's authority or
permission;
(j) obtaining money or anything of value through the use of an
access device, with intent to defraud or with intent to gain and
fleeing thereafter;
(k) having in one's possession, without authority from the owner of
the access device, an access device, or any material, such as
slips, carbon paper, or any other medium, on which the access
device is written, printed, embossed, or otherwise indicated;
(l) writing or causing to be written on sales slips, approval
numbers from the issuer of the access device of the fact of
approval, where in fact no such approval was given, or where, if
given, what is written is deliberately different from the approval
actually given;
(m) making any alteration, without the access device holder's
authority, of any amount or other information written on the sales
slip;
(n) effecting transaction, with one or more access devices issued
to another person or persons, to receive payment or any other
thing of value;
(o) without the authorization of the issuer of the access device,
soliciting a person for the purpose of:
1) offering an access device; or
2) selling information regarding or an application to
obtain an access device; or
(p) without the authorization of the credit card system member or
its agent, causing or arranging for another person to present to
the member or its agent, for payment, one or more evidence or
records of transactions made by credit card.
Section 10. Penalties. – Any person committing any of the acts constituting
access device fraud enumerated in the immediately preceding section shall
be punished with:
(a) a fine of Ten thousand pesos (P10,000.00) or twice the value
obtained by the offense, whichever is greater and imprisonment
for not less than six (6) years and not more than ten (10) years, in
the case of an offense under Section 9 (b)-(e), and (g)-(p) which
does not occur after a conviction for another offense under
Section 9;
(b) a fine of Ten thousand pesos (P10,000.00) or twice the value
obtained by the offense, and imprisonment for not less than ten
(10) years and for not more than twelve (12) years, in the case of
an offense under Section 9 (a), and (f) of the foregoing section,
which does not occur after a conviction for another offense under
Section 9; and
(c) a fine of Ten thousand pesos (P10,000.00) or twice the value
obtained by the offense, or imprisonment for not less than twelve
(12) years and not more than twenty (20) years, or both, in the
case of any offense under Section 9, which occurs after a
conviction for another offense under said subsection, or an
attempt to commit the same.
Section 11. Conspiracy to commit access device fraud. – If 2 or more
persons conspire to commit any of the offenses listed in Section 9 and one
or more of such persons does any act to effect the object of the
conspiracy, each of the parties to such conspiracy shall be punished as in
the case of the doing of the act, the accomplishment of which is the object
of such conspiracy.
Section 12. Frustrated and attempted access device fraud. – Any person
who performs all the acts of execution which would produce any of the
unlawful acts enumerated in Section 9 of this Act, but which nevertheless
does not produce it by reason of causes independent of the will of said
person, shall be punished with 2/3 of the fine and imprisonment provided for
the consummated offenses listed in said section. Any person who
commences the commission of any of the unlawful acts enumerated in
Section 9 of this Act directly by overt acts and does not perform all the acts
of execution which would produce the said acts by reason of some cause
or accident other than said person's own spontaneous desistance, shall be
punished with 1/2 of the fine and imprisonment provided for the
consummated offenses listed in the said section.
Section 13. Accessory to access device fraud [fencing]. – Any person who,
with intent to gain for himself or for another, buy, receives, possesses,
keeps, acquires, conceals, sells, or disposes of, shall buy and sell, or in any
manner deal in any article, item, object or anything of value which he knows
or should be known to him, to have been acquired through the use of
counterfeit access device or an unauthorized access device or an access
device known to him to have been fraudulently applied for, shall be
considered as an accessory to an access device fraud and shall be
punished with 1/2 of the fine and imprisonment provided for the applicable
consummated offenses listed in Section 9 of this Act. Said person shall be
prosecuted under this Act or under the Anti-Fencing Law of 1979
(Presidential Decree No. 1612) whichever imposes the longer prison term as
penalty for the consummated offense.
Section 14. Presumption and prima facie evidence of intent to defraud. –
The mere possession, control or custody of:
(a) an access device, without permission of the owner or without
any lawful authority;
(b) a counterfeit access device;
!16
 (c) access device fraudulently applied for;
(d) any device-making or altering equipment by any person whose
business or employment does not lawfully deal with the
manufacture, issuance, or distribution of access device;
(e) an access device or medium on which an access device is
written, not in the ordinary course of the possessor's trade or
business; or
(f) a genuine access device, not in the name of the possessor, or
not in the ordinary course of the possessor's trade or business,
shall be prima facie evidence that such device or equipment is
intended to be used to defraud.
A cardholder who abandons or surreptitiously leaves the place of
employment, business or residence stated in his application or credit card,
without informing the credit card company of the place where he could
actually be found, if at the time of such abandonment or surreptitious
leaving, the 1) outstanding balance is past due for at least 90 days and 2) is
more than P10,000.00, shall be prima facie presumed to have used his
credit card with intent to defraud.
Section 15. Loss of access devices. – In case of loss of an access device,
the holder thereof must notify the issuer of the access device of the details
and circumstances of such loss upon knowledge of the loss. Full
compliance with such procedure would absolve the access device holder of
any financial liability from fraudulent use of the access device from the time
the loss or theft is reported to the issuer.
Section 17. Liability under the Revised Penal Code and other laws. –
Prosecution under this Act shall be without prejudice to any liability for
violation of any provision of the Revised Penal Code or any other law.
Republic Act No. 7832 Anti-electricity and Electric
Transmission Lines/Materials Pilferage
Section 2. 1) Illegal Use of Electricity. - It is hereby declared unlawful for any
person, whether natural or juridical, public or private, to:
(a) Tap, make or cause to be made any connection with
overhead lines, service drops, or other electric service wires of
the private electric utility or rural electric cooperative concerned
1) without previous authority/consent;
(b) Tap, make or cause to be made any connection to the
existing electric service facilities of any registered consumer 1)
without the latter's or the electric utility's consent or authority;
(c) Tamper, install or use a tampered electrical meter, jumper,
current reversing transformer, shorting or shunting wire, loop
connection or any other device which interferes with the accurate
registry or metering of electric current or otherwise results in its
diversion in a manner whereby electricity is stolen or wasted;
(d) Damage or destroy an electric meter, equipment, wire or
conduit or allow any of them to be so damaged or destroyed as
to interfere with the proper or accurate metering of electric
current; and
(e) Knowingly use or receive the direct benefit of electric service
obtained through any of the acts mentioned in subsections (a), (b),
(c), and (d) above.
Section 3. 2) Theft of Electric Power Transmission Lines and Materials. - (a)
It is hereby declared unlawful for any person to:
(1) Cut, saw, slice, separate, split, severe, smelt, or
remove any electric power transmission line/material or
meter from a tower or place of installation or any other
place or site where it may be rightfully or lawfully
stored, deposited, kept, stocked, inventoried, situated
or located, 1) without the consent of the owner,
whether or not the act is done for profit or gain;
(2) Take or remove, with or without the use of a motor
vehicle or other means of conveyance, any electric
power transmission line/material or meter from a tower
or place of installation, or any place or site where it
may be rightfully or lawfully stored, deposited, kept,
stocked, inventoried, situated or located 1) without the
consent of the owner, whether or not the act is done
for profit or gain;
(3) Store, possess or otherwise keep in his premises or
custody any electric power transmission line/material
or meter 1) without the consent of the owner, whether
or not the act is done for profit or gain; and
(4) Load, carry, ship or move from one place to
another, whether by land, air or sea, any electrical
power transmission line/material, whether or not the act
is done for profit or gain, 1) without first securing a
clearance/permit for the said purpose from its owner or
the National Power Corporation (NPC) or its regional
office concerned.
(b) For purposes of this section, "electrical power transmission
line/material" refers to electric power transmission steel towers,
woodpoles, cables, wires, insulators, line hardwares, electrical
conductors and other related items with a minimum voltage of
sixty-nine kilovolts (69 kv), such as the following:
(1) Steel transmission line towers made of galvanized
steel angular members and plates or creosoted and/or
lannelized woodpoles/ concrete poles and designed to
carry and support the conductors;
(2) Aluminum conductor steel reinforced (ACSR) in
excess of one hundred (100) MCM;
(3) Overhead ground wires made of 7 strands of
galvanized steel wires, 3.08 millimeters in diameter and
designed to protect the electrical conductors from
lightning strikes;
(4) Insulators made of porcelain or glass shell and
designed to insulate the electrical conductors from
steel towers or woodpoles; and
(5) Various transmission line hardwares and materials
made of aluminum alloy or malleable steel and
designed to interconnect the towers, conductors,
ground wires, and insulators mentioned in
subparagraphs (1), (2), (3), and (4) above for the safe
and reliable operation of the transmission lines.
Section 4. Prima Facie Evidence. - (a) The presence of any of the following
circumstances shall constitute prima facie evidence of illegal use of
electricity, by the person benefitted thereby, and shall be the basis for: (1)
the immediate disconnection by the electric utility to such person after due
notice, (2) the holding of a preliminary investigation by the prosecutor and
the subsequent filing in court of the pertinent information, and (3) the lifting
of any temporary restraining order or injunction which may have been issued
against a private electric utility or rural electric cooperative:
(i) The presence of a bored hole on the glass cover of
the electric meter, or at the back or any other part of
said meter;
(ii) The presence inside the electric meter of salt, sugar
and other elements that could result in the inaccurate
registration of the meter's internal parts to prevent its
accurate registration of consumption of electricity;
(iii) The existence of any wiring connection which
affects the normal operation or registration of the
electric meter;
(iv) The presence of a tampered, broken, or fake seal
on the meter, or mutilated, altered or tampered meter
recording chart or graph, or computerized chart, graph,
or log;
!17
 (v) The presence in any part of the building or its
premises which is subject to the control of the
consumer or on the electric meter, of a current
reversing transformer, jumper, shorting and/or shunting
wire, and/or loop connection or any other similar
device;
(vi) The mutilation, alteration, reconnection,
disconnection, bypassing or tampering of instruments,
transformers, and accessories;
(vii) The destruction of, or attempt to destroy, any
integral accessory of the metering device box which
encases an electric meter, or its metering accessories;
and
(viii) The acceptance of money and/or other valuable
consideration by any employee of the electric utility or
the making of such an offer to any such officer or
employee for not reporting the presence of any of the
circumstances enumerated in subparagraphs (i), (ii), (iii),
(iv), (v), (vi), or (vii) hereof.
The discovery of any of the foregoing circumstances,
in order to constitute prima facie evidence, must be
personally witnessed and attested to by an officer of
the law or a duly authorized representative of the
Energy Regulatory Board (ERB).
(b) The possession or custody of electric power transmission line/
material by any person, natural or juridical, not engaged in the
transformation, transmission or distribution of electric power, or in
the manufacture of such electric power transmission line/material
shall be prima facie evidence that such line/material is the fruit of
the offense of Theft of Electric Power Transmission Lines and
Materials and therefore such line/material may be confiscated
from the person in possession, control or custody thereof.
Section 5. Incentives. - An incentive scheme by way of a monetary reward in
the minimum amount of P5,000 shall be given to any person who shall
report to the NPC or police authorities any act which may constitute a
violation of Section 3 (Theft of Electric Power Transmission Lines and
Materials).
Section 6. Disconnection of Electric Service. - The private electric utility or
rural electric cooperative concerned shall have the right and authority to
disconnect immediately the electric service and deny restoration of the
same 1) after serving a written notice or warning to that effect, 2) without
the need of a court or administrative order 3) when the owner of the house
or establishment concerned or someone acting in his behalf shall have been
caught en flagrante delicto doing any of the acts enumerated in Section
4(a) hereof, or when any of the circumstances so enumerated shall have
been discovered for the second time: Provided, That in the second case, a
written notice or warning shall have been issued upon the first discovery. EX:
The electric service shall not be immediately disconnected or shall be
immediately restored upon the deposit of the amount representing the
differential billing by the person denied the service, with the private electric
utility or rural electric cooperative concerned or with the competent court. If
the court finds that illegal use of electricity has not been committed by the
same person, the amount deposited shall be credited against future billings,
with legal interest thereon chargeable against the private utility or rural
electric cooperative, and the utility or cooperative shall be made to
immediately pay such person double the value of the payment or deposit
with legal interest, which amount shall likewise be creditable against
immediate future billings, without prejudice to any criminal, civil or
administrative action that such person may be entitled to file under existing
laws, rules and regulations. If the court finds the same person guilty of such
illegal use of electricity, he shall be made to pay the electric utility or rural
electric cooperative concerned double the value of the estimated electricity
illegally used which is referred to in this section as differential billing.
For purposes of this Act, "differential billing" shall refer to the amount to be
charged to the person concerned for the unbilled electricity illegally
consumed by him as determined through the use of methodologies which
utilize, among others, as basis for determining the amount of monthly
electric consumption in kilowatt-hours to be billed, either: (a) the highest
recorded monthly consumption within the five-year billing period preceding
the time of the discovery, (b) the estimated monthly consumption as per the
report of load inspection conducted during the time of discovery, (c) the
higher consumption between the average consumptions before or after the
highest drastic drop in consumption within the five-year billing period
preceding the discovery, (d) the highest recorded monthly consumption
within four (4) months after the time of discovery, or (e) the result of the ERB
test during the time of discovery and, as basis for determining the period to
be recovered by the differential billing either: (1) the time when the electric
service of the person concerned recorded an abrupt or abnormal drop in
consumption, or (2) when there was a change in his service connection such
as a change of meter, change of seal or reconnection, or in the absence
thereof, a maximum of sixty (60) billing months up to the time of discovery:
Provided, however, That such period shall, in no case, be less than one (1)
year preceding the date of discovery of the illegal use of electricity.
Section 7. Penalties. - (a) Violation of Section 2. - The penalty of prision
mayor or a fine ranging from Ten thousand pesos (P10,000) to Twenty
thousand pesos (P20,000) or both, at the discretion of the court, shall be
imposed on any person found guilty of violating Section 2 hereof.
(b) Violation of Section 3. - The penalty of reclusion temporal or a
fine ranging from Fifty thousand pesos (P50,000) to One hundred
thousand pesos (P100,000) or both at the discretion of the court,
shall be imposed on any person found guilty of violating Section 3
hereof.
(c) Provision common to violations of Section 2 and Section 3
hereof. - If the offense is committed by, or in connivance with, an
officer or employee of the power company, private electric utility
or rural electric cooperative concerned, such officer or employee
shall, upon conviction, be punished with a penalty one (1) degree
higher than the penalty provided herein, and forthwith be
dismissed and perpetually disqualified from employment in any
public or private utility or service company and from holding any
public office.
If, in committing any of the acts enumerated in Section 4 hereof, any of the
other acts as enumerated is also committed, then the penalty next higher in
degree as provided herein shall be imposed.
If the offense is committed by, or in connivance with an officer or employee
of the electric utility concerned, such officer or employee shall, upon
conviction, be punished with a penalty 1 degree higher than the penalty
provided herein, and forthwith be dismissed and perpetually disqualified from
employment in any public or private utility or service company. Likewise, the
electric utility concerned which shall have knowingly permitted or having
knowledge of its commission shall have failed to prevent the same, or was
otherwise guilty of negligence in connection with the commission thereof,
shall be made to pay a fine not exceeding triple the amount of the
'differential billing' subject to the discretion of the courts.
If the violation is committed by a partnership, firm, corporation, association
or any other legal entity, including a government-owned or -controlled
corporation, the penalty shall be imposed on the president, manager and
each of the officers thereof who shall have knowingly permitted, failed to
prevent or was otherwise responsible for the commission of the offense.
Section 8. Authority to Impose Violation of Contract Surcharges. - A private
electric utility or rural electric cooperative may impose surcharges, in
addition to the value of the electricity pilfered, on the bills of any consumer
apprehended for tampering with his electric meter/metering facility installed
on his premises, as well as other violations of contract like direct
connection, use of jumper, and other means of illicit usage of electricity
found installed in the premises of the consumer. The surcharge for the
violation of contract shall be collected from and paid by the consumer
concerned as follows:
(a) First apprehension. - 25% of the current bill as surcharge;
!18
 (b) Second apprehension. - 50% of the current bill as surcharge;
and
(c) Third and subsequent apprehensions. - 100% of the current
bill as surcharge.
The private electric utility or rural electric cooperative is authorized to
discontinue the electric service in case the consumer is in arrears in the
payment of the above imposed surcharges.
The term 'apprehension' as used herein shall be understood to mean the
discovery of the presence of any of the circumstances enumerated in
Section 4
Section 9. Restriction on the Issuance of Restraining Orders or Writs of
Injunction. - No writ of injunction or restraining order shall be used by any
court against any private electric utility or rural electric cooperative
exercising the right and authority to disconnect electric service as provided
in this Act EX: there is prima facie evidence that the disconnection was
made with evident bad faith or grave abuse of authority.
If, notwithstanding the provisions of this section, a court issues an injunction
or restraining order, such injunction or restraining order shall be effective
only upon the filing of a bond with the court, which shall be in the form of
cash or cashier's check equivalent to the "differential billing," penalties and
other charges, or to the total value of the subject matter of the action. Such
injunction or restraining order shall automatically be refused or, if granted,
shall be dissolved upon filing by the public utility of a counterbond similar in
form and amount as that above required. Whenever such injunction is
granted, the court issuing it shall, within ten (10) days from its issuance,
submit a report to the Supreme Court setting forth in detail the grounds or
reason for its order.
Section 10. Rationalization of System Losses by Phasing out Pilferage
Losses as a Component Thereof . - There is hereby established a cap on
the recoverable rate of system losses as follows:
(a) For private electric utilities:
(i) 14 1/2% at the end of the first year following the
effectivity of this Act;
(ii) 13 1/4% at the end of the second year following the
effectivity of this Act;
(iii) 11 3/4% at the end of the third year following the
effectivity of this Act; and
(iv) 9 1/2% at the end of the fourth year following the
effectivity of this Act.
The ERB is hereby authorized to determine at the end of the
fourth year following the effectivity of this Act, and as often as
necessary taking into account the viability of private electric
utilities and the interest of the consumers, whether the caps
herein established shall be reduced further which shall, in no
case, be lower than 9% and accordingly fix the date of the
effectivity of the new caps. In the calculation of the system loss,
power sold by the NPC or any other entity that supplies power
directly to a consumer and not through the distribution system of
the private electric utility shall not be counted even if the billing
for the said power used is through the private electric utility.
The term "power sold by NPC or any other entity that supplies
power directly to a consumer" as used in the preceding paragraph
shall for purposes of this section be deemed to be a sale directly
to the consumer if: (1) the point of metering by the NPC or any
other utility is less than 1,000 meters from the consumer, or (2)
the consumer's electric consumption is three percent (3%) or
more of the total load consumption of all the customers of the
utility, or (3) there is no other consumer connected to the
distribution line of the utility which connects to the NPC or any
other utility point of metering to the consumer meter.
(b) For rural electric cooperatives:
(i) 22% at the end of the first year following the
effectivity of this Act;
(ii) 20% at the end of the second year following the
effectivity of this Act;
(iii) 18% at the end of the third year following the
effectivity of this Act;
(iv) 16% at the end at the fourth year following the
effectivity of this Act; and
(v) 14% at the end of the fifth year following the
effectivity of this Act.
The ERB is hereby authorized to determine at the end of the fifth
year following the effectivity of this Act, and as often as is
necessary, taking into account the viability of rural electric
cooperatives and the interest of the consumers, whether the caps
herein or theretofore established shall be reduced further which
shall, in no case, be lower than 9% and accordingly fix the date of
the effectivity of the new caps.
In any case nothing in this Act shall impair the authority of the
ERB to reduce or phase out technical or design losses as a
component of system losses.
Section 11. Area of Coverage. - The caps provided in this Act shall apply
only to the area of coverage of private electric utilities and rural electric
cooperatives as of the date of the effectivity of this Act.
The permissible levels of recovery for system losses in areas of coverage
that may be added on by either a private electric utility or a rural electric
cooperative shall be determined by the ERB.
Section 12. Recovery of Pilferage Losses. - Any private electric utility or
rural electric cooperative which recovers any amount of pilferage losses
shall, within 30 days from said recovery, report in writing and under oath to
the ERB: (a) the fact of recovery, (b) the date thereof; (c) the name of the
consumer concerned, (d) the amount recovered, (e) the amount of pilferage
loss claimed, (f) the explanation for the failure to recover the whole amount
claimed, and (g) such other particulars as may be required by the ERB. If
there is a case pending in court for the recovery of a pilferage loss, no
private electric utility or rural electric cooperative shall accept payment from
the consumer unless so provided in a compromise agreement duly executed
by the parties and approved by the court.
Republic Act No. 9372
Human Security Act
SEC. 3. Terrorism.- 1) Any person who commits an act punishable under any
of the following provisions of the Revised Penal Code: PR2-MA2TH-CDFK
a. Article 122 (Piracy in General and Mutiny in the High Seas or in
the Philippine Waters); P
b. Article 134 (Rebellion or Insurrection); R
c. Article 134-a (Coup d' Etat), including acts committed by
private persons; C
d. Article 248 (Murder); M
e. Article 267 (Kidnapping and Serious Illegal Detention); K
f. Article 324 (Crimes Involving Destruction), or under D
1. Presidential Decree No. 1613 (The Law on Arson); A
2. Republic Act No. 6969 (Toxic Substances and
Hazardous and Nuclear Waste Control Act of 1990); T
3. Republic Act No. 5207, (Atomic Energy Regulatory
and Liability Act of 1968); A
4. Republic Act No. 6235 (Anti-Hijacking Law); H
5. Presidential Decree No. 532 (Anti-Piracy and Anti-
Highway Robbery Law of 1974); and, R
!19
 6. Presidential Decree No. 1866, as amended (Decree
Codifying the Laws on Illegal and Unlawful Possession,
Manufacture, Dealing in, Acquisition or Disposition of
Firearms, Ammunitions or Explosives) F
2) thereby sowing and creating a condition of widespread and extraordinary
fear and panic among the populace, 3) in order to coerce the government to
give in to an unlawful demand shall be guilty of the crime of terrorism and
shall suffer the penalty of forty (40) years of imprisonment, without the
benefit of parole as provided for under Act No. 4103, otherwise known as
the Indeterminate Sentence Law, as amended.
SEC. 4. Conspiracy to Commit Terrorism. - Persons who conspire to commit
the crime of terrorism shall suffer the penalty of forty (40) years of
imprisonment.
There is conspiracy when two or more persons come to an agreement
concerning the commission of the crime of terrorism as defined in Section 3
hereof and decide to commit the same.
SEC. 5. Accomplice. - Any person who, not being a principal under Article 17
of the Revised Penal Code or a conspirator as defined in Section 4 hereof,
cooperates in the execution of either the crime of terrorism or conspiracy to
commit terrorism by previous or simultaneous acts shall suffer the penalty
of from seventeen (17) years, four months one day to twenty (20) years of
imprisonment.
SEC. 6. Accessory. - Any person who, 1) having knowledge of the
commission of the crime of terrorism or conspiracy to commit terrorism, and
2) without having participated therein either as principal or accomplice,
takes part subsequent to its commission in any of the following manner: (a)
by profiting himself or assisting the offender to profit by the effects of the
crime; (b) by concealing or destroying the body of the crime, or the effects,
or instruments thereof, in order to prevent its discovery; (c) by harboring,
concealing, or assisting in the escape of the principal or conspirator of the
crime, shall suffer the penalty of ten (10) years and one day to twelve (12)
years of imprisonment.
The penalties prescribed for accessories shall not be imposed upon those
who are such with respect to their spouses, ascendants, descendants,
legitimate, natural, and adopted brothers and sisters, or relatives by affinity
within the same degrees, with the single exception of accessories falling
within the provisions of subparagraph (a).
SEC. 7. Surveillance of Suspects and Interception and Recording of
Communications. -The provisions of Republic Act No. 4200 (Anti-Wire
Tapping Law) to the contrary notwithstanding, a police or law enforcement
official and the members of his team may, 1) upon a written order of the
Court of Appeals, listen to, intercept and record, with the use of any mode
of surveillance equipment or intercepting and tracking devices, any
communication, message, conversation, discussion, or spoken or written
words between members of a 2) judicially declared and outlawed terrorist
organization, association, or group of persons or of any person charged
with or suspected of the crime of terrorism or conspiracy to commit
terrorism.
Surveillance, interception and recording of communications between lawyers
and clients, doctors and patients, journalists and their sources and
confidential business correspondence shall not be authorized.
SEC. 8. Formal Application for Judicial Authorization. - The written order of
the Court of Appeals to track down, tap, listen to, intercept, and record
communications, messages, conversations, discussions, or spoken or
written words of any person suspected of the crime of terrorism or the
crime of conspiracy to commit terrorism shall only be granted upon an ex
parte written application of a police who has been duly authorized in writing
by the Anti-Terrorism Council to file such ex parte application, and upon
examination under oath or affirmation of the applicant and the witnesses he
may produce to establish: 1) that there is probable cause to believe based
on personal knowledge of facts or circumstances that the said crime of
terrorism or conspiracy to commit terrorism has been committed, or is being
committed, or is about to be committed; 2) that there is probable cause to
believe based on personal knowledge of facts or circumstances that
evidence, which is essential to the conviction of any charged or suspected
person for, or to the solution or prevention of, any such crimes, will be
obtained; and, 3) that there is no other effective means readily available for
acquiring such evidence.
SEC. 9. Classification and Contents of the Order of the Court. - The written
order granted by the Court of Appeals as well as its order to extend or
renew the same, the original application of the applicant, including his
application to extend or renew, if any, and the written authorizations of the
Anti-Terrorism Council shall be deemed and are hereby declared as
classified information. The person being surveilled or whose
communications, letters, papers, messages, spoken or written words and
effects have been monitored, listened to, bugged or recorded by law
enforcement authorities has the right to be informed of the acts done by the
law enforcement authorities in the premises or to challenge the legality of
the interference before the Court of Appeals which issued the written order.
The written order of the authorizing division of the Court of Appeals shall
specify the following: (a) the identity, such as name and address, if known,
of the charged or suspected person whose communications, messages,
conversations, discussions, or spoken or written words are to be tracked
down, tapped, listened to, intercepted, and recorded and, in the case of
radio, electronic, or telephonic (whether wireless or otherwise)
communications, messages, conversations, discussions, or spoken or
written words, the electronic transmission systems or the telephone
numbers to be tracked down, tapped, listened to, intercepted, and recorded
and their locations or if the person suspected of the crime of terrorism or
conspiracy to commit terrorism is not fully known, such person shall be
subject to continuous surveillance provided there is a reasonable ground to
do so; (b) the identity (name, address, and the police or law enforcement
organization) of the police or of the law enforcement official, including the
individual identity (names, addresses, and the police or law enforcement
organization) of the members of his team, judicially authorized to track
down, tap, listen to, intercept, and record the communications, messages,
conversations, discussions, or spoken or written words; (c) the offense or
offenses committed, or being committed, or sought to be prevented; and, (d)
the length of time within which the authorization shall be used or carried out.
SEC. 10. Effective Period of Judicial Authorization. - Any authorization
granted by the authorizing division of the Court of Appeals, pursuant to
Section 9(d) of this Act, shall only be effective for the length of time
specified in the written order of the authorizing division of the Court of
Appeals, which shall not exceed a period of 30 days from the date of
receipt of the written order of the Court of Appeals by the applicant police.
The Court of Appeals may extend the said authorization for another non-
extendible period, which shall not exceed thirty (30) days from the expiration
of the original period: Provided, That the authorizing division of the Court of
Appeals is satisfied that such extension or renewal is in the public interest:
and Provided, further, That the ex parte application for extension or renewal
has been duly authorized in writing by the Anti-Terrorism Council.
In case of death of the original applicant or in case he is physically disabled
to file the application for extension or renewal, the one next in rank to the
original applicant among the members of the team named in the original
written order of the authorizing division of the Court of Appeals shall file the
application for extension or renewal: Provided, That, without prejudice to the
liability of the police or law enforcement personnel under Section 20 hereof,
the applicant police shall have 30 days after the termination of the period
granted by the Court of Appeals within which to file the appropriate case
before the Public Prosecutor's Office for any violation of this Act.
If no case is filed within the 30-day period, the applicant police or law
enforcement official shall immediately notify the person subject of the
surveillance, interception and recording of the termination of the said
surveillance, interception and recording. The penalty of ten (10) years and
one day to twelve (12) years of imprisonment shall be imposed upon the
applicant police or law enforcement official who fails to notify the person
subject of the surveillance, monitoring, interception and recording as
specified above.
SEC. 11. Custody of Intercepted and Recorded Communications. - All tapes,
discs, and recordings made pursuant to the authorization the Court of
Appeals, including all excerpts and summaries thereof as well as all written
!20
notes or memoranda made in connection therewith, shall, within 48 hours
after the expiration of the period fixed in the written order of the Court of
Appeals, be deposited with the Court of Appeals in a sealed envelope or
sealed package, and shall be accompanied by a joint affidavit of the
applicant police or law enforcement official and the members of his team.
In case of death of the applicant or in case he is physically disabled to
execute the required affidavit, the one next in rank to the applicant among
the members of the team named in the written order of the authorizing
division of the Court of Appeals shall execute with the members of the team
that required affidavit.
It shall be unlawful for any person, police officer or any custodian of the
tapes, discs and recording, and their excerpts and summaries, written notes
or memoranda to copy in whatever form, to remove, delete, expunge,
incinerate, shred or destroy in any manner the items enumerated above in
whole or in part under any pretext whatsoever.
Any person who removes, deletes, expunges, incinerates, shreds or destroys
the items enumerated above shall suffer a penalty of not less than six years
and one day to 12 years of imprisonment.
SEC. 12. Contents of Joint Affidavit. - The joint affidavit of the police or of
the law enforcement official and the individual members of his team shall
state: (a) the number of tapes, discs, and recordings that have been made,
as well as the number of excerpts and summaries thereof and the number
of written notes and memoranda, if any, made in connection therewith; (b)
the dates and times covered by each of such tapes, discs, and recordings;
(c) the number of tapes, discs, and recordings, as well as the number of
excerpts and summaries thereof and the number of written notes and
memoranda made in connection therewith that have been included in the
deposit; and (d) the date of the original written authorization granted by the
Anti-Terrorism Council to the applicant to file the ex parte application to
conduct the tracking down, tapping, intercepting, and recording, as well as
the date of any extension or renewal of the original written authority granted
by the authorizing division of the Court of Appeals.
The joint affidavit shall also certify under oath that no duplicates or copies
of the whole or any part of any of such tapes, discs, and recordings, and
that no duplicates or copies of the whole or any part of any of such
excerpts, summaries, written notes, and memoranda, have been made, or, if
made, that all such duplicates and copies are included in the sealed
envelope or sealed package, as the case may be, deposited with the
authorizing division of the Court of Appeals.
Any person, police or law enforcement officer who violates any of the acts
prescribed in the preceding paragraph shall suffer the penalty of not less
than ten (10) years and one day to twelve (12) years of imprisonment.
SEC. 13. Disposition of Deposited Material. -The sealed envelope or sealed
package and the contents thereof, which are deposited with the Court of
Appeals, shall be deemed and are hereby declared classified information,
and the sealed envelope or sealed package shall not be opened and its
shall not be divulged, revealed, read, replayed, or used as evidence EX
authorized by written order of the Court of Appeals, which written order shall
be granted only upon a written application of the DOJ filed before the Court
of Appeals and only upon a showing that the DOJ has been duly authorized
in writing by the Anti-Terrorism Council to file the application with proper
written notice the person whose conversation, communication, message
discussion or spoken or written words have been the subject of surveillance,
monitoring, recording and interception to open, reveal, divulge, and use the
contents of the sealed envelope or sealed package as evidence.
Any person, law enforcement official or judicial authority who violates his
duty to notify in writing the persons subject of the surveillance as defined
above shall suffer the penalty of six years and one day to eight years of
imprisonment.
SEC. 14. Application to Open Deposited Sealed Envelope or Sealed
Package. - The written application with notice to the party concerned to
open the deposited sealed envelope or sealed package shall clearly state
the purpose or reason: (a) for opening the sealed envelope or sealed
package; (b) for revealing or disclosing its classified contents; (c) for
replaying, divulging, and or reading any of the listened to, intercepted, and
recorded communications, messages, conversations, discussions, or spoken
or written words (including any of the excerpts and summaries thereof and
any of the notes or memoranda made in connection therewith); [ and, (d) for
using any of said listened to, intercepted, and recorded communications,
messages, conversations, discussions, or spoken or written words (including
any of the excerpts and summaries thereof and any of the notes or
memoranda made in connection therewith) as evidence.
Any person, law enforcement official or judicial authority who violates his
duty to notify as defined above shall suffer the penalty of six years and one
day to eight years of imprisonment.
SEC. 15. Evidentiary Value of Deposited Materials. - Any listened to,
intercepted, and recorded communications, messages, conversations,
discussions, or spoken or written words, or any part or parts thereof, or any
information or fact contained therein, including their existence, content,
substance, purport, effect, or meaning, which have been secured in violation
of the pertinent provisions of this Act, shall absolutely not be admissible and
usable as evidence against anybody in any judicial, quasi-judicial, legislative,
or administrative investigation, inquiry, proceeding, or hearing.
SEC. 16. Penalty for Unauthorized or Malicious Interceptions and/or
Recordings. - Any police who, not being authorized to do so by the Court of
Appeals, tracks down, taps, listens to, intercepts, and records in whatever
manner or form any communication, message, conversation, discussion, or
spoken or written word of a person charged with or suspected of the crime
of terrorism or the crime of conspiracy to commit terrorism shall be guilty of
an offense and shall suffer the penalty of ten (10) years and one day to
twelve (12) years of imprisonment.
In addition to the liability attaching to the offender for the commission of
any other offense, the penalty of ten (10) years and one day to twelve (12)
years of imprisonment and the accessory penalty of perpetual absolute
disqualification from public office shall be imposed upon any police or law
enforcement personnel who maliciously obtained an authority from the Court
of Appeals to track down, tap, listen to, intercept, and record in whatever
manner or form any communication, message, conversation, discussion, or
spoken or written words of a person charged with or suspected of the crime
of terrorism or conspiracy to commit terrorism: Provided, That
notwithstanding Section 13 of this Act, the party aggrieved by such
authorization shall be allowed access to the sealed envelope or sealed
package and the contents thereof as evidence for the prosecution of any
police or law enforcement personnel who maliciously procured said
authorization.
SEC. 17. Proscription of Terrorist Organizations, Association, or Group of
Persons. - Any organization, association, or group of persons organized for
the purpose of engaging in terrorism, or which, although not organized for
that purpose, actually uses the acts to terrorize mentioned in this Act or to
sow and create a condition of widespread and extraordinary fear and panic
among the populace in order to coerce the government to give in to an
unlawful demand shall, upon application of DOJ before a competent RTC,
with due notice and opportunity to be heard given to the organization,
association, or group of persons concerned, be declared as a terrorist and
outlawed organization, association, or group of persons.
SEC. 18. Period of Detention Without Judicial Warrant of Arrest. - The
provisions of Article 125 of the Revised Penal Code to the contrary
notwithstanding, any police or law enforcement personnel, who, having been
duly authorized in writing by the Anti-Terrorism Council has taken custody of
a person charged with or suspected of the crime of terrorism or the crime
of conspiracy to commit terrorism shall, without incurring any criminal liability
for delay in the delivery of detained persons to the proper judicial
authorities, deliver said charged or suspected person to the proper judicial
authority within a period of three days counted from the moment the said
suspected person has been apprehended or arrested, detained, and taken
into custody by the said police: Provided, That the arrest of those suspected
of the crime of terrorism or conspiracy to commit terrorism must result from
the surveillance under Section 7 and examination of bank deposits under
Section 27 of this Act.
The police or law enforcement personnel concerned shall, before detaining
the person suspected of the crime of terrorism, present him or her before
!21
any judge at the latter's residence or office nearest the place where the
arrest took place at any time of the day or night. It shall be the duty of the
judge, among other things, to ascertain the identity of the police or law
enforcement personnel and the person or persons they have arrested and
presented before him or her, to inquire of them the reasons why they have
arrested the person and determine by questioning and personal observation
whether or not the suspect has been subjected to any physical, moral or
psychological torture by whom and why. The judge shall then submit a
written report of what he/she had observed when the subject was brought
before him to the proper court that has jurisdiction over the case of the
person thus arrested. The judge shall forthwith submit his/her report within
three calendar days from the time the suspect was brought to his/her
residence or office.
Immediately after taking custody of a person charged with or suspected of
the crime of terrorism or conspiracy to commit terrorism, the police
personnel shall notify in writing the judge of the court nearest the place of
apprehension or arrest: Provided ,That where the arrest is made during
Saturdays, Sundays, holidays or after office hours, the written notice shall
be served at the residence of the judge nearest the place where the
accused was arrested.
The penalty of ten (10) years and one day to twelve (12) years of
imprisonment shall be imposed upon the police or law enforcement
personnel who fails to notify and judge as Provided in the preceding
paragraph.
SEC. 19. Period of Detention in the Event of an Actual or Imminent Terrorist
Attack. - In the event of an actual or imminent terrorist attack, suspects may
not be detained for more than three days without the written approval of a
municipal, city, provincial or regional official of a Human Rights Commission
or judge of the municipal, regional trial court, the Sandiganbayan or a justice
of the Court of Appeals nearest the place of the arrest. If the arrest is
made during Saturdays, Sundays, holidays or after office hours, the arresting
police or law enforcement personnel shall bring the person thus arrested to
the residence of any of the officials mentioned above that is nearest the
place where the accused was arrested. The approval in writing of any of the
said officials shall be secured by the police or law enforcement personnel
concerned within five days after the date of the detention of the persons
concerned:Provided, however, That within three days after the detention the
suspects, whose connection with the terror attack or threat is not
established, shall be released immediately.
SEC. 20. Penalty for Failure to Deliver Suspect to the Proper Judicial
Authority within Three Days. - The penalty of ten (10) years and one day to
twelve (12) years of imprisonment shall be imposed upon any police or law
enforcement personnel who has apprehended or arrested, detained and
taken custody of a person charged with or suspected of the crime of
terrorism or conspiracy to commit terrorism and fails to deliver such
charged or suspected person to the proper judicial authority within the
period of three days.
SEC. 21. Rights of a Person under Custodial Detention. - The moment a
person charged with or suspected of the crime of terrorism or the crime of
conspiracy to commit terrorism is apprehended or arrested and detained, he
shall forthwith be informed, by the arresting police or law enforcement
officers or by the police or law enforcement officers to whose custody the
person concerned is brought, of his or her right: (a) to be informed of the
nature and cause of his arrest, to remain silent and to have competent and
independent counsel preferably of his choice. If the person cannot afford
the services of counsel of his or her choice, the police or law enforcement
officers concerned shall immediately contact the free legal assistance unit
of the Integrated Bar of the Philippines (IBP) or the Public Attorney's Office
(PAO). It shall be the duty of the free legal assistance unit of the IBP or the
PAO thus contacted to immediately visit the person(s) detained and provide
him or her with legal assistance. These rights cannot be waived except in
writing and in the presence of the counsel of choice; (b) informed of the
cause or causes of his detention in the presence of his legal counsel; (c)
allowed to communicate freely with his legal counsel and to confer with
them at any time without restriction; (d) allowed to communicate freely and
privately without restrictions with the members of his family or with his
nearest relatives and to be visited by them; and, (e) allowed freely to avail of
the service of a physician or physicians of choice.
SEC. 22. Penalty for Violation of the Rights of a Detainee. - Any police or
law enforcement personnel, or any personnel of the police or other law
enforcement custodial unit that violates any of the aforesaid rights of a
person charged with or suspected of the crime of terrorism or the crime of
conspiracy to commit terrorism shall be guilty of an offense and shall suffer
the penalty of ten (10) years and one day to twelve (12) years of
imprisonment.
Unless the police or law enforcement personnel who violated the rights of a
detainee or detainees as stated above is duly identified, the same penalty
shall be imposed on the police officer or hear or leader of the law
enforcement unit having custody of the detainee at the time the violation
was done.
SEC. 23. Requirement for an Official Custodial Logbook and its Contents. -
The police or other law enforcement custodial unit in whose care and
control the person charged with or suspected of the crime of terrorism or
the crime of conspiracy to commit terrorism has been placed under
custodial arrest and detention shall keep a securely and orderly maintained
official logbook, which is hereby declared as a public document and opened
to and made available for .the inspection and scrutiny of the lawyer or
lawyers of the person under custody or any member of his or her family or
relative by consanguinity or affinity within the fourth civil degree or his or her
physician at any time of the day or night without any form of restriction.
The police or other law enforcement custodial unit who fails to comply with
the preceding paragraph to keep an official logbook shall suffer the penalty
of ten (10) years and one day to twelve (12) years of imprisonment.
SEC. 24. No Torture or Coercion in Investigation and Interrogation. - No
threat, intimidation, or coercion, and no act which will inflict any form of
physical pain or torment, or mental, moral, or psychological pressure, on the
detained person, which shall vitiate his freewill, shall be employed in his
investigation and interrogation for the crime of terrorism or the crime of
conspiracy to commit terrorism; otherwise, the evidence obtained from said
detained person resulting from such threat, intimidation, or coercion, or from
such inflicted physical pain or torment, or mental, moral, or psychological
pressure, shall be, in its entirety, absolutely not admissible and usable as
evidence in any judicial, quasi-judicial, legislative, or administrative
investigation, inquiry, proceeding, or hearing.
SEC. 26. Restriction on Travel. - In cases where evidence of guilt is not
strong, and the person charged with the crime of terrorism or conspiracy to
commit terrorism is entitled to bail and is granted the same, the court, upon
application by the prosecutor, shall limit the right of travel of the accused to
within the municipality or city where he resides or where the case is pending.
Travel outside of said municipality or city, without the authorization of the
court, shall be deemed a violation of the terms and conditions of his bail,
which shall then be forfeited as provided under the Rules of Court.
He/she may also be placed under house arrest by order of the court at his
or her usual place of residence.
While under house arrest, he or she may not use telephones, cellphones, e-
mails, computers, the internet or other means of communications with
people outside the residence until otherwise ordered by the court.
The restrictions abovementioned shall be terminated upon the acquittal of
the accused or of the dismissal of the case filed against him or earlier upon
the discretion of the court on motion of the prosecutor or of the accused.
SEC. 27. Judicial Authorization Required to Examine Bank Deposits,
Accounts, and Records. - The provisions of Republic Act No. 1405, to the
contrary notwithstanding, the justices of the Court of Appeals designated as
a special court to handle anti-terrorism cases after satisfying themselves of
the existence of probable cause in a hearing called for that purpose that:
(1) a person charged with or suspected of the crime of terrorism or,
conspiracy to commit terrorism, (2) of a judicially declared and outlawed
terrorist organization, association, or group of persons; and (3) of a member
of such judicially declared and outlawed organization, association, or group
of persons, may authorize in writing any police officer authorized in writing
!22
by the anti-terrorism council to: (a) examine, or cause the examination of,
the deposits, placements, trust accounts, assets and records in a bank or
financial institution; and (b) gather or cause the gathering of any relevant
information about such deposits, placements, trust accounts, assets, and
records from a bank or financial institution. The bank or financial institution
concerned, shall not refuse to allow such examination or to provide the
desired information, when so, ordered by and served with the written order
of the Court of Appeals.
SEC. 28. Application to Examine Bank Deposits, Accounts, and Records. -
The written order of the Court of Appeals authorizing the examination of
bank deposits, placements, trust accounts, assets, and records: (1) of a
person charged with or suspected of the crime of terrorism or conspiracy to
commit terrorism; (2) of any judicially declared and outlawed terrorist
organization, association, or group of persons, or (3) of any member of such
organization, association, or group of persons in a bank or financial
institution, and the gathering of any relevant information about the same
from said bank or financial institution, shall only be granted by the
authorizing division of the Court of Appeals upon an ex parte application to
that effect of a police or of a law enforcement official who has been duly
authorized in writing to file such ex parte application by the Anti-Terrorism
Council created in Section 53 of this Act to file such ex parte application,
and upon examination under oath or affirmation of the applicant and, the
witnesses he may produce to establish the facts that will justify the need
and urgency of examining and freezing the bank deposits, placements, trust
accounts, assets, and records: (1) of the person charged with or suspected
of the crime of terrorism or conspiracy to commit terrorism; (2) of a judicially
declared and outlawed terrorist organization, association or group of
persons; or (3) of any member of such organization, association, or group of
persons.
SEC. 29. Classification and Contents of the Court Order Authorizing the
Examination of Bank Deposits, Accounts, and Records. - The written order
granted by the authorizing division of the Court of Appeals as well as its
order, if any, to extend or renew the same, the original ex parte application
of the applicant, including his ex parte application to extend or renew, if any,
and the written authorizations of the Anti-Terrorism Council, shall be
deemed and are hereby declared as classified information: Provided, That
the person whose bank deposits, placements, trust accounts, assets, and
records have been examined, frozen, sequestered and seized by law
enforcement authorities has the right to be informed of the acts done by the
law enforcement authorities in the premises or to challenge, if he or she
intends to do so, the legality of the interference. The written order of the
authorizing division of the Court of Appeals designated to handle cases
involving terrorism shall specify: (a) the identify of the said: (1) person
charged with or suspected of the crime of terrorism or conspiracy to
commit terrorism; (2) judicially declared and outlawed terrorist organization,
association, or group of persons; and (3) member of such judicially declared
and outlawed organization, association, or group of persons, as the case
may be. whose deposits, placements, trust accounts, assets, and records
are to be examined or the information to be gathered; (b) the identity of the
bank or financial Institution where such deposits, placements, trust
accounts, assets, and records are held and maintained; (c) the identity of
the persons who will conduct the said examination and the gathering of the
desired information; and, (d) the length of time the authorization shall be
carried out.
SEC. 30. Effective Period of Court Authorization to Examine and Obtain
Information on Bank Deposits, Accounts, and Records. - The authorization
issued or granted by the authorizing division of the Court of Appeals to
examine or cause the examination of and to freeze bank deposits,
placements, trust accounts, assets, and records, or to gather information
about the same, shall be effective for the length of time specified in the
written order of the authorizing division of the Court of Appeals, which shall
not exceed a period of 30 days from the date of receipt of the written order
of the \Court of Appeals by the applicant police or law enforcement official.
The authorizing division of the Court of Appeals may extend or renew the
said authorization for another period, which shall not exceed thirty (30) days
renewable to another thirty (30) days from the expiration of the original
period.
Without prejudice to the liability of the police or law enforcement personnel
under Section 19 hereof, the applicant police or law enforcement official
shall have 30 days after the termination of the period granted by the Court
of Appeals as provided in the preceding paragraphs within which to file the
appropriate case before the Public Prosecutor's Office for any violation of
this Act.
If no case is filed within the 30-day period, the applicant police or law
enforcement official shall immediately notify in writing the person subject of
the bank examination and freezing of bank deposits, placements, trust
accounts, assets and records. The penalty of ten (10) years and one day to
twelve (12) years of imprisonment shall be imposed upon the applicant
police or law enforcement official who fails to notify in writing the person
subject of the bank examination and freezing of bank deposits, placements,
trust accounts, assets and records.
Any person, law enforcement official or judicial authority who violates his
duty to notify in writing as defined above shall suffer the penalty of six years
and one day to eight years of imprisonment.
SEC. 31. Custody of Bank Data and Information Obtained after Examination
of Deposits, Placements, Trust Accounts, Assets and Records. - All
information, data, excerpts, summaries, notes, memoranda, working sheets,
reports, and other documents obtained from the examination of the bank
deposits, placements, trust accounts, assets and records of: (1) a person
charged with or suspected of the crime of terrorism or the crime of
conspiracy to commit terrorism; (2) a judicially declared and outlawed
terrorist organization, association, or group of persons; or (3) a member of
any such organization, association, or group of persons shall, within forty-
eight (48) hours after the expiration of the period fixed in the written order of
the authorizing division of the Court of Appeals or within forty-eight (48)
hours after the expiration of the extension or renewal granted by the
authorizing division of the Court of Appeals, be deposited with the
authorizing division of the Court of Appeals in a sealed envelope or sealed
package, as the case may be, and shall be accompanied by a joint affidavit
of the applicant police or law enforcement official and the persons who
actually conducted the examination of said bank deposits, placements, trust
accounts, assets and records.
SEC. 32. Contents of Joint Affidavit. - The joint affidavit shall state: (a) the
identifying marks, numbers, or symbols of the deposits, placements, trust
accounts, assets, and records examined; (b) the identity and address of the
bank or financial institution where such deposits, placements, trust
accounts, assets, and records are held and maintained; (c) the number of
bank deposits, placements, trust accounts, assets, and records discovered,
examined, and frozen; (d) the outstanding balances of each of such
deposits, placements, trust accounts, assets; (e) all information, data,
excerpts, summaries, notes, memoranda, working sheets, reports,
documents, records examined and placed in the sealed envelope or sealed
package deposited with the authorizing division of the Court of Appeals; (f)
the date of the original written authorization granted by the Anti-Terrorism
Council to the applicant to file the ex parte Application to conduct the
examination of the said bank deposits, placements, trust accounts, assets
and records, as well as the date of any extension or renewal of the original
written authorization granted by the authorizing division of the Court of
Appeals; and (g) that the items Enumerated were all that were found in the
bank or financial institution examined at the time of the completion of the
examination.
The joint affidavit shall also certify under oath that no duplicates or copies
of the information, data, excerpts, summaries, notes, memoranda, working
sheets, reports, and documents acquired from the examination of the bank
deposits, placements, trust accounts, assets and records have been made,
or, if made, that all such duplicates and copies are placed in the sealed
envelope or sealed package deposited with the authorizing division of the
Court of Appeals.
It shall be unlawful for any person, police officer or custodian of the bank
data and information obtained after examination of deposits, placements,
trust accounts, assets and records to copy, to remove, delete, expunge,
incinerate, shred or destroy in any manner the items enumerated above in
whole or in part under any pretext whatsoever,
!23
Any person who copies, removes, deletes, expunges, incinerates, shreds or
destroys the items enumerated above shall suffer a penalty of not less than
six years and one day to twelve (12) years of imprisonment.
SEC. 33. Disposition of Bank Materials. - The sealed envelope or sealed
package and the contents thereof, which are deposited with the authorizing
division of the Court of Appeals, shall be deemed and are hereby declared
classified information and the sealed envelope or sealed package shall not
be opened and its contents shall not be divulged, revealed, read, or used as
evidence unless authorized in a written order of the authorizing division of
the Court of Appeals, which written order shall be granted only upon a
written application of the Department of Justice filed before the authorizing
division of the Court of Appeals and only upon a showing that the
Department of Justice has been duly authorized in writing by the Anti-
Terrorism Council to file the application, with notice in writing to the party
concerned not later than three days before the scheduled opening, to open,
reveal, divulge, and use the contents of the sealed envelope or sealed
package as evidence.
Any person, law enforcement official or judicial authority who violates his
duty to notify in writing as defined above shall suffer the penalty of six years
and one day to eight years of imprisonment.
SEC. 35. Evidentiary Value of Deposited Bank Materials. - Any information,
data, excerpts, summaries, notes, memoranda, work sheets, reports, or
documents acquired from the examination of the bank deposits,
placements, trust accounts, assets and records of: (1) a person charged or
suspected of the crime of terrorism or the crime of conspiracy to commit
terrorism; (2) a judicially declared and outlawed terrorist organization,
association, or group of persons; or (3) a member of such organization,
association, or group of persons, which have been secured in violation of
the provisions of this Act, shall absolutely not be admissible and usable as
evidence against anybody in any judicial, quasi-judicial, legislative, or
administrative investigation, inquiry, proceeding, or hearing.
SEC. 36. Penalty for Unauthorized or Malicious Examination of a Bank or a
Financial Institution. - Any person, police or law enforcement personnel who
examines the deposits, placements, trust accounts, assets, or records in a
bank or financial institution of: (1) a person charged with or suspected of
the crime of terrorism or the crime of conspiracy to commit terrorism; (2) a
judicially declared and outlawed terrorist organization, association, or group
of persons; or (3) a member of such organization, association, or group of
persons, without being authorized to do so by the Court of Appeals, shall be
guilty of an offense and shall suffer the penalty of ten (10) years and one
day to twelve (12) years of imprisonment.
In addition to the liability attaching to the offender for the commission of
any other offense, the penalty of ten (10) years and one day to twelve (12)
years of imprisonment shall be imposed upon any police or law enforcement
personnel, who maliciously obtained an authority from the Court of Appeals
to examine the deposits, placements, trust accounts, assets, or records in a
bank or financial institution of: (1) a person charged with or suspected of
the crime of terrorism or conspiracy to commit terrorism; (2) a judicially
declared and outlawed terrorist organization, association, or group of
persons; or (3) a member of such organization, association, or group of
persons.
SEC. 37. Penalty of Bank Officials and Employees Defying a Court
Authorization. - An employee, official, or a member of the board of directors
of a bank or financial institution, who refuses to allow the examination of
the deposits, placements, trust accounts, assets, and records of: (1) a
person charged with or suspected of the crime of terrorism or the crime of
conspiracy to commit terrorism; (2) a judicially declared and outlawed
organization, association, or group of persons; or (3) a member of such
judicially declared and outlawed organization, association, or group of
persons in said bank or financial institution, when duly served with the
written order of the authorizing division of the Court of Appeals, shall be
guilty of an offense and shall suffer the penalty of ten (10) years and one
day to twelve (12) years of imprisonment.
SEC. 38. Penalty for False or Untruthful Statement or Misrepresentation of
Material Fact in Joint Affidavits. - Any false or untruthful statement or
misrepresentation of material fact in the joint affidavits required respectively
in Section 12 and Section 32 of this Act shall constitute a criminal offense
and the affiants shall suffer individually the penalty of ten (10) years and
one day to twelve (12) years of imprisonment.
SEC. 39. Seizure and Sequestration. - The deposits and their outstanding
balances, placements, trust accounts, assets, and records in any bank or
financial institution, moneys, businesses, transportation and communication
equipment, supplies and other implements, and property of whatever kind
and nature belonging: (1) to any person suspected of or charged before a
competent Regional Trial Court for the crime of terrorism or the crime of
conspiracy to commit terrorism; (2) to a judicially declared and outlawed
organization, association, or group of persons; or (3) to a member of such
organization, association, or group of persons shall be seized, sequestered,
and frozen in order to prevent their use, transfer, or conveyance for
purposes that are inimical to the safety and security of the people or
injurious to the interest of the State.
The accused or a person suspected of may withdraw such sums as may be
reasonably needed by the monthly needs of his family including the services
of his or her counsel and his or her family's medical needs upon approval of
the court. He or she may also use any of his property that is under seizure
or sequestration or frozen because of his/her indictment as a terrorist upon
permission of the court for any legitimate reason.
SEC. 40. Nature of Seized. Sequestered and Frozen Bank Deposits,
Placements, Trust Accounts, Assets and Records. - The seized,
sequestered and frozen bank deposits, placements, trust accounts, assets
and records belonging to a person suspected of or charged with the crime
of terrorism or conspiracy to commit terrorism shall be deemed as property
held in trust by the bank or financial institution for such person and the
government during the pendency of the investigation of the person
suspected of or during the pendency of the trial of the person charged with
any of the said crimes and their use or disposition while the case is pending
shall be subject to the approval of the court before which the case or cases
are pending.
SEC. 41. Disposition of the Seized, Sequestered and Frozen Bank Deposits,
Placements, Trust Accounts, Assets and Record. - If the person suspected
of or charged with the crime of terrorism or conspiracy to commit terrorism
is found, after his investigation, to be innocent by the investigating body, or
is acquitted, after his arraignment or his case is dismissed before his
arraignment by a competent court, the seizure, sequestration and freezing
of his bank deposits, placements, trust accounts, assets and records shall
forthwith be deemed lifted by the investigating body or by the competent
court, as the case may be, and his bank deposits, placements, trust
accounts, assets and records shall be deemed released from such seizure,
sequestration and freezing, and shall be restored to him without any delay
by the bank or financial institution concerned without any further action on
his part.
If the person charged with the crime of terrorism or conspiracy to commit
terrorism is convicted by a final judgment of a competent trial court, his
seized, sequestered and frozen bank deposits, placements, trust accounts,
assets and records shall be automatically forfeited in favor of the
government.
SEC. 48. Continuous Trial. - In cases of terrorism or conspiracy to commit
terrorism, the judge shall set the continuous trial on a daily basis from
Monday to Friday or other short-term trial calendar so as to ensure speedy
trial.
SEC. 49. Prosecution Under This Act Shall be a Bar to Another Prosecution
under the Revised Penal Code or any Special Penal Laws. - When a person
has been prosecuted under a provision of this Act, the acquittal of the
accused or the dismissal of the case shall be a bar to another prosecution
for any offense or felony which is necessarily included in the offense
charged under this Act.
SEC. 50. Damages for Unproven Charge of Terrorism. - Upon acquittal, any
person who is accused of terrorism shall be entitled to the payment of
damages in the amount of P500,000.00 for every day that he or she has
been detained or deprived of liberty or arrested without a warrant as a result
of such an accusation.
!24
SEC. 51. Duty to Record and Report the Name and Address of the
Informant. - The police or law enforcement officers to whom the name or a
suspect in the crime of terrorism was first revealed shall record the real
name and the specific address of the informant.
The police or law enforcement officials concerned shall report the
informant's name and address to their superior officer who shall transmit the
information to the Congressional Oversight Committee or to the proper
court within five days after the suspect was placed under arrest or his
properties were sequestered, seized or frozen.
The name and address of the informant shall be considered confidential
and shall not be unnecessarily revealed until after the proceedings against
the suspect shall have been terminated.
SEC. 52. Applicability of the Revised Penal Code. - The provisions of Book I
of the Revised Penal Code shall be applicable to this Act.
SEC. 53. Anti-Terrorism Council. - An Anti-Terrorism Council, hereinafter
referred to, for brevity, as the "Council," is hereby created.
The Council shall implement this Act and assume the responsibility for the
proper and effective implementation of the anti-terrorism policy of the
country.
SEC. 56. Creation of a Grievance Committee. - There is hereby created a
Grievance Committee composed of the Ombudsman, as chair, and the
Solicitor General, and an undersecretary from the Department of Justice
(DOJ), as members, to receive and evaluate complaints against the
actuations of the police and law enforcement officials in the implementation
of this Act.
SEC. 57. Ban on Extraordinary Rendition. - No person suspected or
convicted of the crime of terrorism shall be subjected to extraordinary
rendition to any country unless his or her testimony is needed for terrorist
related police investigations or judicial trials in the said country and unless
his or her human rights, including the right against torture, and right to
counsel, are officially assured by the requesting country and transmitted
accordingly and approved by the Department of Justice.
[Uslegal.com: The term extra ordinary rendition means the transfer of a
person suspected of being a terrorist or supporter of a group to a foreign
nation for imprisonment and interrogation on behalf of the transferring
nation.]
SEC. 58. Extra-Territorial Application of this Act. - Subject to the provision of
an existing treaty of which the Philippines is a signatory and to any contrary
provision of any law of preferential application, the provisions of this Act
shall apply: (1) to individual persons who commit any of the crimes defined
and punished in this Act within the terrestrial domain, interior waters,
maritime zone, and airspace of the Philippines; (2) to individual persons who,
although physically outside the territorial limits of the Philippines, commit,
conspire or plot to commit any of the crimes defined and punished in this
Act inside the territorial limits of the Philippines; (3) to individual persons
who, although physically outside the territorial limits of the Philippines,
commit any of the said crimes on board Philippine ship or Philippine airship;
(4) to individual persons who commit any of said crimes within any embassy,
consulate, or diplomatic premises belonging to or occupied by the Philippine
government in an official capacity; (5) to individual persons who, although
physically outside the territorial limits of the Philippines, commit said crimes
against Philippine citizens or persons of Philippines descent, where their
citizenship or ethnicity was a factor in the commission of the crime; and (6)
to individual persons who, although physically outside the territorial limits of
the Philippines, commit said crimes directly against the Philippine
government.
REPUBLIC ACT NO. 9165
Comprehensive Dangerous Drugs Act
Section 3. Definitions.
(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.
(b) Board. - Dangerous Drugs Board
(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.
(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
dangerous drug and/or controlled precursor and essential chemical,
equipment or paraphernalia, or property believed to be derived 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
(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
(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.
(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. 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 2 or more persons forming or
joining together with the intention of committing any offense prescribed
under this Act.
(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.
(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
!25
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.
(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.
(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.
(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 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.
(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 1) injecting, intravenously or intramuscularly, 2)
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. [lower penalty if CP/EC]
The maximum penalty shall be imposed upon any person, who shall use 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. [lower penalty if coddler/protector]
Section 5. Sale, Trading, Administration, Dispensation, Delivery, Distribution
and Transportation [ST2AD3] 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. [lower penalty if CP/EC]
If the sale, trading, administration, dispensation, delivery, distribution or
transportation of any dangerous drug and/or controlled precursor and
essential chemical transpires within 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 be the proximate cause of death of a victim thereof, the maximum
penalty provided for under this Section shall be imposed.
The maximum penalty provided for under this Section shall be imposed upon
any person who organizes, manages or acts as a "financier" of any of the
illegal activities prescribed in this Section.
!26
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. [lower penalty if coddler/protector]
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. [lower penalty if CP/EC]
The maximum penalty 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. The criminal
complaint shall specifically allege that such place is intentionally used in the
furtherance of the crime. The prosecution shall prove such intent on the part
of the owner to use the property for such purpose. 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. [lower penalty if coddler/protector]
Section 7. Employees and Visitors of a Den, Dive or Resort. - The penalty of
imprisonment ranging from 12 years and 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:
1) Any employee of a den, dive or resort, who is aware of the
nature of the place as such; and
2) 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. [lower penalty if CP/EC]
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 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. [lower penalty if coddler/protector]
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 1) deliver, 2)
possess with intent to deliver, or 2) 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 .
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.
The maximum penalty 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
!27
 (8) 10 grams or more of other dangerous drugs such as, but not
limited to, methylenedioxymethamphetamine (MDA) or "ecstasy",
paramethoxyamphetamine (PMA), trimethoxyamphetamine (TMA),
lysergic acid diethylamine (LSD), gamma hydroxyamphetamine
(GHB), and those similarly designed or newly introduced drugs and
their derivatives, without having any therapeutic value or if the
quantity possessed is far beyond therapeutic requirements, as
determined and promulgated by the Board in accordance to
Section 93, Article XI of this Act.
Otherwise, if the quantity involved is less than the foregoing quantities, the
penalties shall be graduated as follows:
(1) Life imprisonment and a fine ranging from Four hundred
thousand pesos (P400,000.00) to Five hundred thousand pesos
(P500,000.00), if the quantity of methamphetamine hydrochloride
or "shabu" is ten (10) grams or more but less than fifty (50)
grams;
(2) Imprisonment of twenty (20) years and one (1) day to life
imprisonment and a fine ranging from Four hundred thousand
pesos (P400,000.00) to Five hundred thousand pesos
(P500,000.00), if the quantities of dangerous drugs are five (5)
grams or more but less than ten (10) grams of opium, morphine,
heroin, cocaine or cocaine hydrochloride, marijuana resin or
marijuana resin oil, methamphetamine hydrochloride or "shabu", or
other dangerous drugs such as, but not limited to, MDMA or
"ecstasy", PMA, TMA, LSD, GHB, and those similarly designed or
newly introduced drugs and their derivatives, without having any
therapeutic value or if the quantity possessed is far beyond
therapeutic requirements; or three hundred (300) grams or more
but less than five (hundred) 500) grams of marijuana; and
(3) Imprisonment of twelve (12) years and one (1) day to twenty
(20) years and a fine ranging from Three hundred thousand pesos
(P300,000.00) to Four hundred thousand pesos (P400,000.00), if
the quantities of dangerous drugs are less than five (5) grams of
opium, morphine, heroin, cocaine or cocaine hydrochloride,
marijuana resin or marijuana resin oil, methamphetamine
hydrochloride or "shabu", or other dangerous drugs such as, but
not limited to, MDMA or "ecstasy", PMA, TMA, LSD, GHB, and
those similarly designed or newly introduced drugs and their
derivatives, without having any therapeutic value or if the quantity
possessed is far beyond therapeutic requirements; or less than
three hundred (300) grams of marijuana.
Section 12. Possession of Equipment, Instrument, Apparatus and Other
Paraphernalia for Dangerous Drugs. -The penalty of imprisonment ranging
from six (6) months and one (1) day to four (4) years and a fine ranging from
Ten thousand pesos (P10,000.00) to Fifty thousand pesos (P50,000.00)
shall be imposed upon any person, who, unless authorized by law, shall
possess or have under his/her control any equipment, instrument, apparatus
and other paraphernalia fit or intended for smoking, consuming,
administering, injecting, ingesting, or introducing any dangerous drug into the
body: Provided, That in the case of medical practitioners and various
professionals who are required to carry such equipment, instrument,
apparatus and other paraphernalia in the practice of their profession, the
Board shall prescribe the necessary implementing guidelines thereof.
The possession of such equipment, instrument, apparatus and other
paraphernalia fit or intended for any of the purposes enumerated in the
preceding paragraph shall be prima facie evidence that the possessor has
smoked, consumed, administered to himself/herself, injected, ingested or
used a dangerous drug and shall be presumed to have violated Section 15
(Use of Dangerous Drugs)
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 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 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 6 months
rehabilitation in a government center for the first offense. 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). EX: 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 (Possession of Dangerous Drugs), in which case the provisions stated
therein shall apply.
Section 16. Cultivation or Culture of Plants Classified as Dangerous Drugs
or are Sources Thereof. - The penalty of life imprisonment to death and a
fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million
pesos (P10,000,000.00) shall be imposed upon any person, who shall plant,
cultivate or culture marijuana, opium poppy or any other plant regardless of
quantity, which is or may hereafter be classified as a dangerous drug or as
a source from which any dangerous drug may be manufactured or
derived: Provided, That in the case of medical laboratories and medical
research centers which cultivate or culture marijuana, opium poppy and
other plants, or materials of such dangerous drugs for medical experiments
and research purposes, or for the creation of new types of medicine, the
Board shall prescribe the necessary implementing guidelines for the proper
cultivation, culture, handling, experimentation and disposal of such plants
and materials.
The land or portions thereof and/or greenhouses on which any of said
plants is cultivated or cultured shall be confiscated and escheated in favor
of the State, unless the owner thereof can prove lack of knowledge of such
cultivation or culture despite the exercise of due diligence on his/her part. If
the land involved is part of the public domain, the maximum penalty provided
for under this Section shall be imposed upon the offender.
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. [lower penalty if coddler/protector]
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
!28
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, 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 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, EX: 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.
After conviction in the RTC, 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. If the forfeited property is a
vehicle, the same shall be auctioned off not later than 5 days upon order of
confiscation or forfeiture.
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 1) accused, or 2) his/her representative or counsel, 3) a
representative from the media and 4) DOJ, and 5) any elected
public official who shall be required to sign the copies of the
inventory and be given a copy thereof;
(2) Within 24 hours, the same shall 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
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 1) Traffickers
and 2) 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. –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 1) attempt or 2) 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: MIS-
CD
1) Importation of any dangerous drug and/or controlled precursor
and essential chemical; I
!29
 2) Sale, trading, administration, dispensation, delivery, distribution
and transportation of any dangerous drug and/or controlled
precursor and essential chemical; S
3) Maintenance of a den, dive or resort where any dangerous drug
is used in any form; D
4) Manufacture of any dangerous drug and/or controlled precursor
and essential chemical; and M
5) Cultivation or culture of plants which are sources of dangerous
drugs. C
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 P500,000.00 to
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, or have received any
financial or material contributions or donations from persons found guilty of
trafficking dangerous drugs, 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.
Section 33. Immunity from Prosecution and Punishment. –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 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 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.
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 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.
Section 35. Accessory Penalties. – A person convicted under this Act shall
be disqualified to exercise his/her 1) civil rights such as but not limited to,
1.1) rights of parental authority or guardianship, either as to the person or
property of any ward, 1.2) rights to dispose of such property by any act or
any conveyance inter vivos, and 2) political rights such as but not limited to,
2.1) right to vote and be voted for. Such rights shall also be suspended
during the 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 drug testing shall employ, among others, 2 testing
methods, 1) screening test which will determine the positive result as well as
the type of the drug used and 2) 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
!30
 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.
(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 testing.
(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 6 years and 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 (Use of Dangerous Drugs).
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 24 hours, R: 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 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 without prejudice for the prosecution for
other violations of the provisions of this Act. A positive screening laboratory
test must be confirmed for it to be valid in a court of law.
ARTICLE VII
Participation of Local Government Units
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
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 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.
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
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 for a period of not less
6 months.
Confinement in a Center for treatment and rehabilitation shall not exceed 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 (Use of Dangerous Drugs) 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 18 months
following temporary discharge from confinement in the Center
(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 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
18 months
!31
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 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 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 through the
voluntary submission program, but does not qualify for exemption from
criminal liability, 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.
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 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 61. Compulsory Confinement of a Drug Dependent Who Refuses to
Apply Under the Voluntary Submission Program. –Any person 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
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.
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 6 years
and 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, 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 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. 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.
Section 66. Suspension of Sentence of a First-Time Minor Offender. – An
accused who is over 15 years of age at the time of the commission of the
offense mentioned in Section 11( (Possession of Dangerous Drugs), but not
more than 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.
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 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.
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.
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 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
!32
degree of consanguinity of any person who is confined under the voluntary years without prejudice to his/her prosecution under the pertinent provisions
submission program or compulsory submission program shall be charged a of the Revised Penal Code.
certain percentage of the cost of his/her treatment and rehabilitation, the
Section 93. Reclassification, Addition or Removal of Any Drug from the List
guidelines of which shall be formulated by the DSWD taking into
of Dangerous Drugs. – The Board shall have the power to reclassify, add to
consideration the economic status of the family of the person confined. The
or remove from the list of dangerous drugs. Proceedings to reclassify, add,
guidelines therein formulated shall be implemented by a social worker of the
or remove a drug or other substance may be initiated by the PDEA, the DOH,
local government unit.
or by petition from any interested party, including the manufacturer of a
ARTICLE IX drug, a medical society or association, a pharmacy association, a public
interest group concerned with drug abuse, a national or local government
Dangerous Drugs Board and Philippine Drug Enforcement Agency
agency, or an individual citizen.
Section 77. The Dangerous Drugs Board. – The Board shall be the policy-
The Board after notice and hearing shall consider the following factors with
making and strategy-formulating body in the planning and formulation of
respect to each substance proposed to be reclassified, added or removed
policies and programs on drug prevention and control. It shall develop and
from control:
adopt a comprehensive, integrated, unified and balanced national drug
abuse prevention and control strategy (a) Its actual or relative potential for abuse;

Section 82. Creation of the Philippine Drug Enforcement Agency (PDEA). – (b) Scientific evidence of its pharmacological effect if known;
To carry out the provisions of this Act, the PDEA, which serves as the
(c) The state of current scientific knowledge regarding the drug or
implementing arm of the Board, and shall be responsible for the efficient
other substance;
and effective law enforcement of all the provisions on any dangerous drug
and/or controlled precursor and essential chemical as provided in this Act. (d) Its history and current pattern of abuse;

ARTICLE XI (e) The scope, duration, and significance of abuse;

Jurisdiction Over Dangerous Drugs Cases (f) Risk to public health; and

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 effect of such reclassification, addition or removal shall be as follows:
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.
(g) Whether the substance is an immediate precursor of a
substance already controlled under this Act.
(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;

When the preliminary investigation is conducted by a public prosecutor and (b) In case a precursors and essential chemicals is reclassified
a probable cause is established, the corresponding information shall be filed as dangerous drug, the penalties for violations of the Act involving
in court within twenty-four (24) hours from the termination of the precursors and essential chemicals shall, in case of conviction,
investigation. If the preliminary investigation is conducted by a judge and a be imposed in all pending criminal prosecutions;
probable cause is found to exist, the corresponding information shall be
(c) In case of the addition of a new drug to the list of dangerous
filed by the proper prosecutor within forty-eight (48) hours from the date of
drugs and precursors and essential chemicals, no criminal liability
receipt of the records of the case.
involving the same under this Act shall arise until after the lapse
Trial of the case under this Section shall be finished by the court not later of fifteen (15) days from the last publication of such notice;
than sixty (60) days from the date of the filing of the information. Decision
(d) In case of removal of a drug from the list of dangerous drugs
on said cases shall be rendered within a period of fifteen (15) days from the
and precursors and essential chemicals, all persons convicted
date of submission of the case for resolution.
and/or detained for the use and/or possession of such a drug
Section 91. Responsibility and Liability of Law Enforcement Agencies and shall be automatically released and all pending criminal
other Government Officials and Employees in Testifying as Prosecution prosecution involving such a drug under this Act shall forthwith be
Witnesses in Dangerous Drugs Cases. – Any member of law enforcement dismissed; and
agencies or any other government official and employee who, after due
ARTICLE XIII
notice, fails or refuses intentionally or negligently, to appear as a witness for
the prosecution in any proceedings, involving violations of this Act, shall be Final Provisions
punished with imprisonment of not less than 12 years and 1 day to 20 years
Section 98. Limited Applicability of the Revised Penal Code. –
and a fine of not less than P500,000.00, in addition to the administrative
Notwithstanding any law, rule or regulation to the contrary, the provisions of
liability he/she may be meted out by his/her immediate superior and/or
the RPC shall not apply to the provisions of this Act, except in the case of
appropriate body.
minor offenders. Where the offender is a minor, the penalty for acts
The immediate superior of the member of the law enforcement agency or punishable by life imprisonment to death provided herein shall be reclusion
any other government employee mentioned in the preceding paragraph shall perpetua to death.
be penalized with imprisonment of not less than 2 months and 1 day but not
more than 6 years and a fine of not less than P10,000.00 but not more than
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.

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)

!33