REPUBLIC ACT NO.
9710 The State shall provide the necessary mechanisms to enforce women’s
AN ACT PROVIDING FOR THE MAGNA CARTA OF WOMEN
CHAPTER I
General Provisions
SECTION 1. Short Title. — This Act shall be known as “The Magna
Carta of Women”.
SECTION 2. Declaration of Policy. — Recognizing that the
economic, political, and sociocultural realities affect women’s current
condition, the State affirms the role of women in nation building and
ensures the substantive equality of women and men. It shall promote
empowerment of women and pursue equal opportunities for women and
men and ensure equal access to resources and to development results
and outcome. Further, the State realizes that equality of men and women
entails the abolition of the unequal structures and practices that
perpetuate discrimination and inequality. To realize this, the State shall
endeavor to develop plans, policies, programs, measures, and
mechanisms to address discrimination and inequality in the economic,
political, social, and cultural life of women and men.
The State condemns discrimination against women in all its forms and
pursues by all appropriate means and without delay the policy of
eliminating discrimination against women in keeping with the Convention
on the Elimination of All Forms of Discrimination Against Women
(CEDAW) and other international instruments consistent with Philippine
law. The State shall accord women the rights, protection, and
opportunities available to every member of society.
The State affirms women’s rights as human rights and shall intensify its
efforts to fulfill its duties under international and domestic law to
recognize, respect, protect, fulfill, and promote all human rights and
fundamental freedoms of women, especially marginalized women, in the
economic, social, political, cultural, and other fields without distinction or
discrimination on account of class, age, sex, gender, language, ethnicity,
religion, ideology, disability, education, and status.
rights and adopt and undertake all legal measures necessary to foster
and promote the equal opportunity for women to participate in and
contribute to the development of the political, economic, social, and
cultural realms.
The State, in ensuring the full integration of women’s concerns in the
mainstream of development, shall provide ample opportunities to
enhance and develop their skills, acquire productive employment and
contribute to their families and communities to the fullest of their
capabilities.
In pursuance of this policy, the State reaffirms the right of women in all
sectors to participate in policy formulation, planning, organization,
implementation, management, monitoring, and evaluation of all
programs, projects, and services. It shall support policies, researches,
technology, and training programs and other support services such as
financing, production, and marketing to encourage active participation of
women in national development.
SECTION 3. Principles of Human Rights of Women. — Human
rights are universal and inalienable. All people in the world are entitled to
them. The universality of human rights is encompassed in the words of
Article 1 of the Universal Declaration of Human Rights, which states that
all human beings are free and equal in dignity and rights.
Human rights are indivisible. Human rights are inherent to the dignity of
every human being whether they relate to civil, cultural, economic,
political, or social issues.
Human rights are interdependent and interrelated. The fulfillment of one
right often depends, wholly or in part, upon the fulfillment of others.
All individuals are equal as human beings by virtue of the inherent dignity
of each human person. No one, therefore, should suffer discrimination on
the basis of ethnicity, gender, age, language, sexual orientation, race,
color, religion, political, or other opinion, national, social, or geographical
origin, disability, property, birth, or other status as established by human
rights standards.
All people have the right to participate in and access information relating
to the decision-making processes that affect their lives and well-being.
Rights-based approaches require a high degree of participation by
communities, civil society, minorities, women, young people, indigenous
peoples, and other identified groups.
States and other duty-bearers are answerable for the observance of
human rights. They have to comply with the legal norms and standards
enshrined in international human rights instruments in accordance with
the Philippine Constitution. Where they fail to do so, aggrieved rights-
holders are entitled to institute proceedings for appropriate redress
before a competent court or other adjudicator in accordance with the
rules and procedures provided by law.
CHAPTER II
Definition of Terms
SECTION 4. Definitions. — For purposes of this Act, the following
terms shall mean:
(a) “Women Empowerment” refers to the provision, availability, and
accessibility of opportunities, services, and observance of human rights
which enable women to actively participate and contribute to the political,
economic, social, and cultural development of the nation as well as those
which shall provide them equal access to ownership, management, and
control of production, and of material and informational resources and
benefits in the family, community, and society.
(b) “Discrimination Against Women” refers to any gender-based
distinction, exclusion, or restriction which has the effect or purpose of
impairing or nullifying the recognition, enjoyment, or exercise by women,
irrespective of their marital status, on a basis of equality of men and
women, of human rights and fundamental freedoms in the political,
economic, social, cultural, civil, or any other field.
It includes any act or omission, including by law, policy, administrative
measure, or practice, that directly or indirectly excludes or restricts
women in the recognition and promotion of their rights and their access
to and enjoyment of opportunities, benefits, or privileges.
A measure or practice of general application is discrimination against
women if it fails to provide for mechanisms to offset or address sex or
gender-based disadvantages or limitations of women, as a result of which
women are denied or restricted in the recognition and protection of their
rights and in their access to and enjoyment of opportunities, benefits, or
privileges; or women, more than men, are shown to have suffered the
greater adverse effects of those measures or practices.
Provided, finally, that discrimination compounded by or intersecting with
other grounds, status, or condition, such as ethnicity, age, poverty, or
religion shall be considered discrimination against women under this Act.
(c) “Marginalization” refers to a condition where a whole category
of people is excluded from useful and meaningful participation in political,
economic, social, and cultural life.
(d) “Marginalized” refers to the basic, disadvantaged, or vulnerable
persons or groups who are mostly living in poverty and have little or no
access to land and other resources, basic social and economic services
such as health care, education, water and sanitation, employment and
livelihood opportunities, housing, social security, physical infrastructure,
and the justice system.
These include, but are not limited to, women in the following sectors and
groups:
(1) “Small Farmers and Rural Workers” refers to those who are
engaged directly or indirectly in small farms and forest areas, workers in
commercial farms and plantations, whether paid or unpaid, regular or
season-bound. These shall include, but are not limited to, (a) small
farmers who own or are still amortizing for lands that is not more than
three (3) hectares, tenants, leaseholders, and stewards; and (b) rural
workers who are either wage earners, self-employed, unpaid family
workers directly and personally engaged in agriculture, small-scale
mining, handicrafts, and other related farm and off-farm activities;
(2) “Fisherfolk” refers to those directly or indirectly engaged in
taking, culturing, or processing fishery or aquatic resources. These
include, but are not to be limited to, women engaged in fishing in
municipal waters, coastal and marine areas, women workers in
commercial fishing and aquaculture, vendors and processors of fish and
coastal products, and subsistence producers such as shell-gatherers,
managers, and producers of mangrove resources, and other related
producers;
(3) “Urban Poor” refers to those residing in urban and urbanizable
slum or blighted areas, with or without the benefit of security of abode,
where the income of the head of the family cannot afford in a sustained
manner to provide for the family’s basic needs of food, health, education,
housing, and other essentials in life;
(4) “Workers in the Formal Economy” refers to those who are
employed by any person acting directly or indirectly in the interest of an
employer in relation to an employee and shall include the government
and all its branches, subdivisions, and instrumentalities, all government-
owned and -controlled corporations and institutions, as well as nonprofit
private institutions or organizations;
(5) “Workers in the Informal Economy” refers to self-employed,
occasionally or personally hired, subcontracted, paid and unpaid family
workers in household incorporated and unincorporated enterprises,
including home workers, micro-entrepreneurs and producers, and
operators of sari-sari stores and all other categories who suffer from
violation of workers’ rights;
(6) “Migrant Workers” refers to Filipinos who are to be engaged, are
engaged, or have been engaged in a remunerated activity in a State of
which they are not legal residents, whether documented or
undocumented;
(7) “Indigenous Peoples” refers to a group of people or
homogenous societies identified by self-ascription and ascription by
other, who have continuously lived as organized community on
communally bounded and defined territory, and who have, under claims
of ownership since time immemorial, occupied, possessed customs,
tradition, and other distinctive cultural traits, or who have, through
resistance to political, social, and cultural inroads of colonization, non-
indigenous religions and culture, became historically differentiated from
the majority of Filipinos. They shall likewise include peoples who are
regarded as indigenous on account of their descent from the populations
which inhabited the country, at the time of conquest or colonization, or at
the time of inroads of non-indigenous religions and cultures, or the
establishment of present state boundaries, who retain some or all of their
own social, economic, cultural, and political institutions, but who may
have been displaced from their traditional domains or who may have
resettled outside their ancestral domains as defined under Section 3 (h),
Chapter II of Republic Act No. 8371, otherwise known as “The Indigenous
Peoples Rights Act of 1997” (IPRA of 1997);
(8) “Moro” refers to native peoples who have historically inhabited
Mindanao, Palawan, and Sulu, and who are largely of the Islamic faith;
(9) “Children” refers to those who are below eighteen (18) years of
age or over but are unable to fully take care of themselves or protect
themselves from abuse, neglect, cruelty, exploitation, or discrimination
because of a physical or mental disability or condition;
(10) “Senior Citizens” refers to those sixty (60) years of age and
above;
(11) “Persons with Disabilities” refers to those who are suffering from
restriction or different abilities, as a result of a mental, physical, or
sensory impairment to perform an activity in the manner or within the
range considered normal for a human being; and
(12) “Solo Parents” refers to those who fall under the category of a
solo parent defined under Republic Act No. 8972, otherwise known as
the “Solo Parents Welfare Act of 2000”.
(e) “Substantive Equality” refers to the full and equal enjoyment of
rights and freedoms contemplated under this Act. It encompasses de jure
and de facto equality and also equality in outcomes.
(f) “Gender Equality” refers to the principle asserting the equality of
men and women and their right to enjoy equal conditions realizing their
full human potentials to contribute to and benefit from the results of
development, and with the State recognizing that all human beings are
free and equal in dignity and rights.
(g) “Gender Equity” refers to the policies, instruments, programs,
services, and actions that address the disadvantaged position of women
in society by providing preferential treatment and affirmative action. Such
temporary special measures aimed at accelerating de facto equality
between men and women shall not be considered discriminatory but shall
in no way entail as a consequence the maintenance of unequal or
separate standards. These measures shall be discontinued when the
objectives of equality of opportunity and treatment have been achieved.
(h) “Gender and Development (GAD)” refers to the development
perspective and process that are participatory and empowering,
equitable, sustainable, free from violence, respectful of human rights,
supportive of self-determination and actualization of human potentials. It
seeks to achieve gender equality as a fundamental value that should be
reflected in development choices; seeks to transform society’s social,
economic and political structures and questions the validity of the gender
roles they ascribed to women and men; contends that women are active
agents of development and not just passive recipients of development
assistance; and stresses the need of women to organize themselves and
participate in political processes to strengthen their legal rights.
(i) “Gender Mainstreaming” refers to the strategy for making
women’s as well as men’s concerns and experiences an integral
dimension of the design, implementation, monitoring, and evaluation of
policies and programs in all political, economic, and societal spheres so
that women and men benefit equally and inequality is not perpetuated. It
is the process of assessing the implications for women and men of any
planned action, including legislation, policies, or programs in all areas
and at all levels.
(j) “Temporary Special Measures” refers to a variety of legislative,
executive, administrative, and regulatory instruments, policies, and
practices aimed at accelerating this de facto equality of women in specific
areas. These measures shall not be considered discriminatory but shall
in no way entail as a consequence the maintenance of unequal or
separate standards. They shall be discontinued when their objectives
have been achieved.
(k) “Violence Against Women” refers to any act of gender-based
violence that results in, or is likely to result in, physical, sexual, or
psychological harm or suffering to women, including threats of such acts,
coercion, or arbitrary deprivation of liberty, whether occurring in public or
in private life. It shall be understood to encompass, but not limited to, the
following:
(1) Physical, sexual, psychological, and economic violence
occurring in the family, including battering, sexual abuse of female
children in the household, dowry-related violence, marital rape, and other
traditional practices harmful to women, non-spousal violence, and
violence related to exploitation;
(2) Physical, sexual, and psychological violence occurring within
the general community, including rape, sexual abuse, sexual
harassment, and intimidation at work, in educational institutions and
elsewhere, trafficking in women, and prostitution; and
(3) Physical, sexual, and psychological violence perpetrated or
condoned by the State, wherever it occurs.
It also includes acts of violence against women as defined in Republic
Acts No. 9208 and 9262.
(l) “Women in the Military” refers to women employed in the
military, both in the major and technical services, who are performing
combat and/or noncombat functions, providing security to the State, and
protecting the people from various forms of threat. It also includes women
trainees in all military training institutions.
(m) “Social Protection” refers to policies and programs that seek to
reduce poverty and vulnerability to risks and enhance the social status
and rights of all women, especially the marginalized by promoting and
protecting livelihood and employment, protecting against hazards and
sudden loss of income, and improving people’s capacity to manage risk.
Its components are labor market programs, social insurance, social
welfare, and social safety nets.
CHAPTER III
Duties Related to the Human Rights of Women
The State, private sector, society in general, and all individuals shall
contribute to the recognition, respect, and promotion of the rights of
women defined and guaranteed under this Act.
SECTION 5. The State as the Primary Duty-Bearer. — The State,
as the primary duty-bearer, shall:
(a) Refrain from discriminating against women and violating their
rights;
(b) Protect women against discrimination and from violation of their
rights by private corporations, entities, and individuals; and
(c) Promote and fulfill the rights of women in all spheres, including
their rights to substantive equality and non-discrimination.
The State shall fulfill these duties through law, policy, regulatory
instruments, administrative guidelines, and other appropriate measures,
including temporary special measures.
Recognizing the interrelation of the human rights of women, the State
shall take measures and establish mechanisms to promote the coherent
and integrated implementation and enforcement of this Act and related
laws, policies, or other measures to effectively stop discrimination against
and advance the rights of women.
The State shall keep abreast with and be guided by progressive
developments in human rights of women under international law and
design of policies, laws, and other measures to promote the objectives of
this Act.
SECTION 6. Duties of the State Agencies and Instrumentalities. —
These duties of the State shall extend to all state agencies, offices, and
instrumentalities at all levels and government-owned and -controlled
corporations, subject to the Constitution and pertinent laws, policies, or
administrative guidelines that define specific duties of state agencies and
entities concerned.
SECTION 7. Suppletory Effect. — This chapter shall be deemed
integrated into and be suppletory to other provisions of this Act,
particularly those that guarantee specific rights to women and define
specific roles and require specific conduct of state organs.
CHAPTER IV
Rights and Empowerment
SECTION 8. Human Rights of Women. — All rights in the
Constitution and those rights recognized under international instruments
duly signed and ratified by the Philippines, in consonance with Philippine
law, shall be rights of women under this Act to be enjoyed without
discrimination.
SECTION 9. Protection from Violence. — The State shall ensure
that all women shall be protected from all forms of violence as provided
for in existing laws. Agencies of government shall give priority to the
defense and protection of women against gender-based offenses and
help women attain justice and healing.
Towards this end, measures to prosecute and reform offenders shall
likewise be pursued. (a) Within the next five (5) years, there shall be an
incremental increase in the recruitment and training of women in the
police force, forensics and medico-legal, legal services, and social work
services availed of by women who are victims of gender-related offenses
until fifty percent (50%) of the personnel thereof shall be women.
(b) Women shall have the right to protection and security in
situations of armed conflict and militarization. Towards this end, they shall
be protected from all forms of gender-based violence, particularly rape
and other forms of sexual abuse, and all forms of violence in situations of
armed conflict. The State shall observe international standards for the
protection of civilian population in circumstances of emergency and
armed conflict. It shall not force women, especially indigenous peoples,
to abandon their lands, territories, and means of subsistence, or relocate
them in special centers for military purposes under any discriminatory
condition.
(c) All government personnel involved in the protection and
defense of women against gender-based violence shall undergo a
mandatory training on human rights and gender sensitivity pursuant to
this Act.
(d) All local government units shall establish a Violence Against
Women’s Desk in every barangay to ensure that violence against women
cases are fully addressed in a gender-responsive manner.
SECTION 10. Women Affected by Disasters, Calamities, and Other
Crisis Situations. — Women have the right to protection and security in
times of disasters, calamities, and other crisis situations especially in all
phases of relief, recovery, rehabilitation, and construction efforts. The
State shall provide for immediate humanitarian assistance, allocation of
resources, and early resettlement, if necessary. It shall also address the
particular needs of women from a gender perspective to ensure their full
protection from sexual exploitation and other sexual and gender-based
violence committed against them. Responses to disaster situations shall
include the provision of services, such as psychosocial support, livelihood
support, education, psychological health, and comprehensive health
services, including protection during pregnancy.
SECTION 11. Participation and Representation. — The State shall
undertake temporary special measures to accelerate the participation
and equitable representation of women in all spheres of society
particularly in the decision-making and policy-making processes in
government and private entities to fully realize their role as agents and
beneficiaries of development.
The State shall institute the following affirmative action mechanisms so
that women can participate meaningfully in the formulation,
implementation, and evaluation of policies, plans, and programs for
national, regional, and local development:
(a) Empowerment within the Civil Service. — Within the next five
(5) years, the number of women in third (3rd) level positions in
government shall be incrementally increased to achieve a fifty-fifty (50-
50) gender balance;
(b) Development Councils and Planning Bodies. — To ensure the
participation of women in all levels of development planning and program
implementation, at least forty percent (40%) of membership of all
development councils from the regional, provincial, city, municipal and
barangay levels shall be composed of women;
(c) Other Policy and Decision-Making Bodies. — Women’s groups
shall also be represented in international, national, and local special and
decision-making bodies;
(d) International Bodies. — The State shall take all appropriate
measures to ensure the opportunity of women, on equal terms with men
and without any discrimination, to represent their governments at the
international level and to participate in the work of international
organizations;
(e) Integration of Women in Political Parties. — The State shall
provide incentives to political parties with women’s agenda. It shall
likewise encourage the integration of women in their leadership
hierarchy, internal policy-making structures, appointive, and electoral
nominating processes; and
(f) Private Sector. — The State shall take measures to encourage
women leadership in the private sector in the form of incentives.
SECTION 12. Equal Treatment Before the Law. — The State shall
take steps to review and, when necessary, amend and/or repeal existing
laws that are discriminatory to women within three (3) years from the
effectivity of this Act.
SECTION 13. Equal Access and Elimination of Discrimination in
Education, Scholarships, and Training. — (a) The State shall ensure that
gender stereotypes and images in educational materials and curricula are
adequately and appropriately revised. Gender-sensitive language shall
be used at all times. Capacity-building on gender and development
(GAD), peace and human rights, education for teachers, and all those
involved in the education sector shall be pursued toward this end.
Partnerships between and among players of the education sector,
including the private sector, churches, and faith groups shall be
encouraged.
(b) Enrollment of women in nontraditional skills training in
vocational and tertiary levels shall be encouraged.
(c) Expulsion and non-readmission of women faculty due to
pregnancy outside of marriage shall be outlawed. No school shall turn
out or refuse admission to a female student solely on the account of her
having contracted pregnancy outside of marriage during her term in
school.
SECTION 14. Women in Sports. — The State shall develop,
establish, and strengthen programs for the participation of women and
girl-children in competitive and noncompetitive sports as a means to
achieve excellence, promote physical and social well-being, eliminate
gender-role stereotyping, and provide equal access to the full benefits of
development for all persons regardless of sex, gender identity, and other
similar factors.
For this purpose, all sports-related organizations shall create guidelines
that will establish and integrate affirmative action as a strategy and
gender equality as a framework in planning and implementing their
policies, budgets, programs, and activities relating to the participation of
women and girls in sports.
The State will also provide material and nonmaterial incentives to local
government units, media organizations, and the private sector for
promoting, training, and preparing women and girls for participation in
competitive and noncompetitive sports, especially in local and
international events, including, but not limited to, the Palarong
Pambansa, Southeast Asian Games, Asian Games, and the Olympics.
No sports event or tournament will offer or award a different sports prize,
with respect to its amount or value, to women and men winners in the
same sports category: Provided, That the said tournament, contest, race,
match, event, or game is open to both sexes: Provided, further, That the
sports event or tournament is divided into male or female divisions.
The State shall also ensure the safety and well-being of all women and
girls participating in sports, especially, but not limited to, trainees, reserve
members, members, coaches, and mentors of national sports teams,
whether in studying, training, or performance phases, by providing them
comprehensive health and medical insurance coverage, as well as
integrated medical, nutritional, and healthcare services.
Schools, colleges, universities, or any other learning institution shall take
into account its total women student population in granting athletic
scholarship. There shall be a pro rata representation of women in the
athletic scholarship program based on the percentage of women in the
whole student population.
SECTION 15. Women in the Military. — The State shall pursue
appropriate measures to eliminate discrimination of women in the
military, police, and other similar services, including revising or abolishing
policies and practices that restrict women from availing of both combat
and noncombat training that are open to men, or from taking on functions
other than administrative tasks, such as engaging in combat, security-
related, or field operations. Women in the military shall be accorded the
same promotional privileges and opportunities as men, including pay
increases, additional remunerations and benefits, and awards based on
their competency and quality of performance. Towards this end, the State
shall ensure that the personal dignity of women shall always be
respected.
Women in the military, police, and other similar services shall be provided
with the same right to employment as men on equal conditions. Equally,
they shall be accorded the same capacity as men to act in and enter into
contracts, including marriage.
Further, women in the military, police, and other similar services shall be
entitled to leave benefits such as maternity leave, as provided for by
existing laws.
SECTION 16. Nondiscriminatory and Nonderogatory Portrayal of
Women in Media and Film. — The State shall formulate policies and
programs for the advancement of women in collaboration with
government and nongovernment media-related organizations. It shall
likewise endeavor to raise the consciousness of the general public in
recognizing the dignity of women and the role and contribution of women
in the family, community, and the society through the strategic use of
mass media.
For this purpose, the State shall ensure allocation of space, airtime, and
resources, strengthen programming, production, and image-making that
appropriately present women’s needs, issues, and concerns in all forms
of media, communication, information dissemination, and advertising.
The State, in cooperation with all schools of journalism, information, and
communication, as well as the national media federations and
associations, shall require all media organizations and corporations to
integrate into their human resource development components regular
training on gender equality and gender-based discrimination, create and
use gender equality guidelines in all aspects of management, training,
production, information, dissemination, communication, and
programming; and convene a gender equality committee that will
promote gender mainstreaming as a framework and affirmative action as
a strategy, and monitor and evaluate the implementation of gender
equality guidelines.
SECTION 17. Women’s Right to Health. — (a) Comprehensive
Health Services. — The State shall, at all times, provide for a
comprehensive, culture-sensitive, and gender-responsive health
services and programs covering all stages of a woman’s life cycle and
which addresses the major causes of women’s mortality and morbidity:
Provided, That in the provision for comprehensive health services, due
respect shall be accorded to women’s religious convictions, the rights of
the spouses to found a family in accordance with their religious
convictions, and the demands of responsible parenthood, and the right of
women to protection from hazardous drugs, devices, interventions, and
substances.
Access to the following services shall be ensured:
(1) Maternal care to include pre- and post-natal services to address
pregnancy and infant health and nutrition;
(2) Promotion of breastfeeding;
(3) Responsible, ethical, legal, safe, and effective methods of family
planning;
(4) Family and State collaboration in youth sexuality education and
health services without prejudice to the primary right and duty of parents
to educate their children;
(5) Prevention and management of reproductive tract infections,
including sexually transmitted diseases, HIV, and AIDS;
(6) Prevention and management of reproductive tract cancers like
breast and cervical cancers, and other gynecological conditions and
disorders;
(7) Prevention of abortion and management of pregnancy-related
complications;
(8) In cases of violence against women and children, women and
children victims and survivors shall be provided with comprehensive
health services that include psychosocial, therapeutic, medical, and legal
interventions and assistance towards healing, recovery, and
empowerment;
(9) Prevention and management of infertility and sexual dysfunction
pursuant to ethical norms and medical standards;
(10) Care of the elderly women beyond their child-bearing years; and
(11) Management, treatment, and intervention of mental health
problems of women and girls.
In addition, healthy lifestyle activities are encouraged and promoted
through programs and projects as strategies in the prevention of
diseases.
(b) Comprehensive Health Information and Education. — The State
shall provide women in all sectors with appropriate, timely, complete, and
accurate information and education on all the above-stated aspects of
women’s health in government education and training programs, with due
regard to the following:
(1) The natural and primary right and duty of parents in the rearing
of the youth and the development of moral character and the right of
children to be brought up in an atmosphere of morality and rectitude for
the enrichment and strengthening of character;
(2) The formation of a person’s sexuality that affirms human dignity;
and
(3) Ethical, legal, safe, and effective family planning methods
including fertility awareness.
SECTION 18. Special Leave Benefits for Women. — A woman
employee having rendered continuous aggregate employment service of
at least six (6) months for the last twelve (12) months shall be entitled to
a special leave benefit of two (2) months with full pay based on her gross
monthly compensation following surgery caused by gynecological
disorders.
SECTION 19. Equal Rights in All Matters Relating to Marriage and
Family Relations. — The State shall take all appropriate measures to
eliminate discrimination against women in all matters relating to marriage
and family relations and shall ensure:
(a) the same rights to enter into and leave marriages or common
law relationships referred to under the Family Code without prejudice to
personal or religious beliefs;
(b) the same rights to choose freely a spouse and to enter into
marriage only with their free and full consent. The betrothal and the
marriage of a child shall have no legal effect;
(c) the joint decision on the number and spacing of their children
and to have access to the information, education and means to enable
them to exercise these rights;
(d) the same personal rights between spouses or common law
spouses including the right to choose freely a profession and an
occupation;
(e) the same rights for both spouses or common law spouses in
respect of the ownership, acquisition, management, administration,
enjoyment, and disposition of property;
(f) the same rights to properties and resources, whether titled or
not, and inheritance, whether formal or customary; and
(g) women shall have equal rights with men to acquire, change, or
retain their nationality. The State shall ensure in particular that neither
marriage to an alien nor change of nationality by the husband during
marriage shall automatically change the nationality of the wife, render her
stateless or force upon her the nationality of the husband. Various
statutes of other countries concerning dual citizenship that may be
enjoyed equally by women and men shall likewise be considered.
Customary laws shall be respected: Provided, however, that they do not
discriminate against women.
CHAPTER V
Rights and Empowerment of Marginalized Sectors
Women in marginalized sectors are hereby guaranteed all civil, political,
social, and economic rights recognized, promoted, and protected under
existing laws including, but not limited to, the Indigenous Peoples Rights
Act, the Urban Development and Housing Act, the Comprehensive
Agrarian Reform Law, the Fisheries Code, the Labor Code, the Migrant
Workers Act, the Solo Parents Welfare Act, and the Social Reform and
Poverty Alleviation Act.
SECTION 20. Food Security and Productive Resources. — The State
recognizes the contribution of women to food production and shall ensure
its sustainability and sufficiency with the active participation of women.
Towards this end, the State shall guarantee, at all times, the availability
in the market of safe and health-giving food to satisfy the dietary needs
of the population, giving particular attention to the specific needs of poor
girl-children and marginalized women, especially pregnant and lactating
mothers and their young children. To further address this, the State shall
ensure:
(a) Right to Food. — The State shall guarantee the availability of
food in quantity and quality sufficient to satisfy the dietary needs of
individuals, the physical and economic accessibility for everyone to
adequate food that is culturally acceptable and free from unsafe
substances and culturally accepted, and the accurate and substantial
information to the availability of food, including the right to full, accurate,
and truthful information about safe and health-giving foods and how to
produce and have regular and easy access to them;
(b) Right to Resources for Food Production. — The State shall
guarantee women a vital role in food production by giving priority to their
rights to land, credit, and infrastructure support, technical training, and
technological and marketing assistance. The State shall promote women-
friendly technology as a high priority activity in agriculture and shall
promote the right to adequate food by proactively engaging in activities
intended to strengthen access to, utilization of, and receipt of accurate
and substantial information on resources and means to ensure women’s
livelihood, including food security:
(1) Equal status shall be given to women and men, whether married
or not, in the titling of the land and issuance of stewardship contracts and
patents;
(2) Equal treatment shall be given to women and men beneficiaries
of the agrarian reform program, wherein the vested right of a woman
agrarian reform beneficiary is defined by a woman’s relationship to tillage,
i.e., her direct and indirect contribution to the development of the land;
(3) Customary rights of women to the land, including access to and
control of the fruits and benefits, shall be recognized in circumstances
where private ownership is not possible, such as ancestral domain
claims;
(4) Information and assistance in claiming rights to the land shall be
made available to women at all times;
(5) Equal rights to women to the enjoyment, use, and management
of land, water, and other natural resources within their communities or
ancestral domains;
(6) Equal access to the use and management of fisheries and
aquatic resources, and all the rights and benefits accruing to
stakeholders in the fishing industry;
(7) Equal status shall be given to women and men in the issuance
of stewardship or lease agreements and other fishery rights that may be
granted for the use and management of coastal and aquatic resources.
In the same manner, women’s organizations shall be given equal
treatment as with other marginalized fishers organizations in the issuance
of stewardship or lease agreements or other fishery rights for the use and
management of such coastal and aquatic resources which may include
providing support to women-engaged coastal resources;
(8) There shall be no discrimination against women in the
deputization of fish wardens;
(9) Women-friendly and sustainable agriculture technology shall be
designed based on accessibility and viability in consultation with women’s
organizations;
(10) Access to small farmer-based and controlled seeds production
and distribution shall be ensured and protected;
(11) Indigenous practices of women in seed storage and cultivation
shall be recognized, encouraged, and protected;
(12) Equal rights shall be given to women to be members of farmers’
organizations to ensure wider access to and control of the means of
production;
(13) Provide opportunities for empowering women fishers to be
involved in the control and management, not only of the catch and
production of aquamarine resources but also, to engage in
entrepreneurial activities which will add value to production and
marketing ventures; and
(14) Provide economic opportunities for the indigenous women,
particularly access to market for their produce.
In the enforcement of the foregoing, the requirements of law shall be
observed at all times.
SECTION 21. Right to Housing. — The State shall develop housing
programs for women that are localized, simple, accessible, with potable
water, and electricity, secure, with viable employment opportunities and
affordable amortization. In this regard, the State shall consult women and
involve them in community planning and development, especially in
matters pertaining to land use, zoning, and relocation.
SECTION 22. Right to Decent Work. — The State shall progressively
realize and ensure decent work standards for women that involve the
creation of jobs of acceptable quality in conditions of freedom, equity,
security, and human dignity.
(a) Decent work involves opportunities for work that are productive
and fairly remunerative as family living wage, security in the workplace,
and social protection for families, better prospects for personal
development and social integration, freedom for people to express their
concerns, organize, participate in the decisions that affect their lives, and
equality of opportunity and treatment for all women and men.
(b) The State shall further ensure:
(1) Support services and gears to protect them from occupational
and health hazards taking into account women’s maternal functions;
(2) Support services that will enable women to balance their family
obligations and work responsibilities including, but not limited to, the
establishment of day care centers and breast-feeding stations at the
workplace, and providing maternity leave pursuant to the Labor Code and
other pertinent laws;
(3) Membership in unions regardless of status of employment and
place of employment; and
(4) Respect for the observance of indigenous peoples’ cultural
practices even in the workplace.
(c) In recognition of the temporary nature of overseas work, the
State shall exert all efforts to address the causes of out-migration by
developing local employment and other economic opportunities for
women and by introducing measures to curb violence and forced and
involuntary displacement of local women. The State shall ensure the
protection and promotion of the rights and welfare of migrant women
regardless of their work status, and protect them against discrimination
in wages, conditions of work, and employment opportunities in host
countries.
SECTION 23. Right to Livelihood, Credit, Capital, and Technology.
— The State shall ensure that women are provided with the following:
(a) Equal access to formal sources of credit and capital;
(b) Equal share to the produce of farms and aquatic resources; and
(c) Employment opportunities for returning women migrant workers
taking into account their skills and qualifications. Corollarily, the State
shall also promote skills and entrepreneurship development of returning
women migrant workers.
SECTION 24. Right to Education and Training. — The State shall
ensure the following:
(a) Women migrant workers have the opportunity to undergo skills
training, if they so desire, before taking on a foreign job, and possible
retraining upon return to the country;
(b) Gender-sensitive training and seminars; and
(c) Equal opportunities in scholarships based on merit and fitness,
especially to those interested in research and development aimed
towards women-friendly farm technology.
SECTION 25. Right to Representation and Participation. — The State
shall ensure women’s participation in policy-making or decision-making
bodies in the regional, national, and international levels. It shall also
ensure the participation of grassroots women leaders in decision and
policy-making bodies in their respective sectors including, but not limited
to, the Presidential Agrarian Reform Council (PARC) and its local
counterparts; community-based resource management bodies or
mechanisms on forest management and stewardship; the National
Fisheries and Aquatic Resources Management Council (NFARMC) and
its local counterparts; the National Commission on Indigenous Peoples;
the Presidential Commission for the Urban Poor; the National Anti-
Poverty Commission; and, where applicable, the local housing boards.
SECTION 26. Right to Information. — Access to information
regarding policies on women, including programs, projects, and funding
outlays that affect them, shall be ensured.
SECTION 27. Social Protection. —
(a) The Social Security System (SSS) and the Philippine Health
Insurance Corporation (PhilHealth) shall support indigenous and
community-based social protection schemes.
(b) The State shall institute policies and programs that seek to
reduce the poverty and vulnerability to risks and enhance the social
status and rights of the marginalized women by promoting and protecting
livelihood and employment, protecting against hazards and sudden loss
of income, and improving people’s capacity to manage risks.
(c) The State shall endeavor to reduce and eventually eliminate
transfer costs of remittances from abroad through appropriate bilateral
and multilateral agreements. It shall likewise provide access to
investment opportunities for remittances in line with national development
efforts.
(d) The State shall establish a health insurance program for senior
citizens and indigents.
(e) The State shall support women with disabilities on a community-
based social protection scheme.
SECTION 28. Recognition and Preservation of Cultural Identity and
Integrity. — The State shall recognize and respect the rights of Moro and
indigenous women to practice, promote, protect, and preserve their own
culture, traditions, and institutions and to consider these rights in the SECTION 31. Services and Interventions. — WEDC shall be
formulation and implementation of national policies and programs. To this provided with services and interventions as necessary such as, but not
end, the State shall adopt measures in consultation with the sectors limited to, the following:
concerned to protect their rights to their indigenous knowledge systems
and practices, traditional livelihood, and other manifestations of their (a) Temporary and protective custody;
cultures and ways of life: Provided, That these cultural systems and
practices are not discriminatory to women. (b) Medical and dental services;

SECTION 29. Peace and Development. — The peace process shall (c) Psychological evaluation;
be pursued with the following considerations:
(d) Counseling;
(a) Increase the number of women participating in discussions and
decision-making in the peace process, including membership in peace (e) Psychiatric evaluation;
panels recognizing women’s role in conflict-prevention and peace-
making and in indigenous system of conflict resolution; (f) Legal services:
(b) Ensure the development and inclusion of women’s welfare and (g) Productivity skills capability building;
concerns in the peace agenda in the overall peace strategy and women’s
participation in the planning, implementation, monitoring, and evaluation
(h) Livelihood assistance;
of rehabilitation and rebuilding of conflict-affected areas;
(i) Job placement;
(c) The institution of measures to ensure the protection of civilians
in conflict-affected communities with special consideration for the specific
needs of women and girls; (j) Financial assistance; and

(d) Include the peace perspective in the education curriculum and (k) Transportation assistance.
other educational undertakings; and
SECTION 32. Protection of Girl-Children. — (a) The State shall
(e) The recognition and support for women’s role in conflict- pursue measures to eliminate all forms of discrimination against girl-
prevention, management, resolution and peacemaking, and in children in education, health and nutrition, and skills development.
indigenous systems of conflict resolution.
(b) Girl-children shall be protected from all forms of abuse and
SECTION 30. Women in Especially Difficult Circumstances. — For exploitation.
purposes of this Act, “Women in Especially Difficult Circumstances”
(WEDC) shall refer to victims and survivors of sexual and physical abuse, (c) Equal access of Moro and indigenous girl-children in the
illegal recruitment, prostitution, trafficking, armed conflict, women in Madaris, schools of living culture and traditions, and the regular schools
detention, victims and survivors of rape and incest, and such other shall be ensured.
related circumstances which have incapacitated them functionally. Local
government units are therefore mandated to deliver the necessary (d) Gender-sensitive curriculum, including legal literacy, books, and
services and interventions to WEDC under their respective jurisdictions. curriculum in the Madaris and schools of living culture and traditions shall
be developed.
(e) Sensitivity of regular schools to particular Moro and indigenous
practices, such as fasting in the month of Ramadan, choice of clothing
(including the wearing of hijab), and availability of halal food shall be
ensured.
SECTION 33. Protection of Senior Citizens. — The State shall protect
women senior citizens from neglect, abandonment, domestic violence,
abuse, exploitation, and discrimination. Towards this end, the State shall
ensure special protective mechanisms and support services against
violence, sexual abuse, exploitation, and discrimination of older women.
SECTION 34. Women are entitled to the recognition and protection
of their rights defined and guaranteed under this Act including their right
to nondiscrimination.
SECTION 35. Discrimination Against Women is Prohibited. — Public
and private entities and individuals found to have committed
discrimination against women shall be subject to the sanctions provided
in Section 41 hereof. Violations of other rights of women shall be subject
to sanctions under pertinent laws and regulations.
CHAPTER VI
Institutional Mechanisms
SECTION 36. Gender Mainstreaming as a Strategy for Implementing
the Magna Carta of Women. — Within a period prescribed in the
implementing rules and regulations, the National Commission on the
Role of Filipino Women (NCRFW) shall assess its gender mainstreaming
program for consistency with the standards under this Act. It shall modify
the program accordingly to ensure that it will be an effective strategy for
implementing this Act and attaining its objectives.
All departments, including their attached agencies, offices, bureaus, state
universities and colleges, government-owned and -controlled
corporations, local government units, and other government
instrumentalities shall adopt gender mainstreaming as a strategy to
promote women’s human rights and eliminate gender discrimination in
their systems, structures, policies, programs, processes, and procedures
which shall include, but not limited to, the following:
(a) Planning, budgeting, monitoring and evaluation for GAD. GAD
programs addressing gender issues and concerns shall be designed and
implemented based on the mandate of government agencies and local
government units, Republic Act No. 7192, gender equality agenda of the
government and other GAD-related legislation, policies, and
commitments. The development of GAD programs shall proceed from the
conduct of a gender audit of the agency or the local government unit and
a gender analysis of its policies, programs, services and the situation of
its clientele; the generation and review of sex-disaggregated data; and
consultation with gender/women’s rights advocates and agency/women
clientele. The cost of implementing GAD programs shall be the agency’s
or the local government unit’s GAD budget which shall be at least five
percent (5%) of the agency’s or the local government unit’s total budget
appropriations.
Pursuant to Republic Act No. 7192, otherwise known as the Women in
Development and Nation Building Act, which allocates five percent (5%)
to thirty percent (30%) of overseas development assistance to GAD,
government agencies receiving official development assistance should
ensure the allocation and proper utilization of such funds to gender-
responsive programs that complement the government GAD funds and
annually report accomplishments thereof to the National Economic and
Development Authority (NEDA) and the Philippine Commission on
Women (PCW).
The utilization and outcome of the GAD budget shall be annually
monitored and evaluated in terms of its success in influencing the gender-
responsive implementation of agency programs funded by the remaining
ninety-five percent (95%) budget.
The Commission on Audit (COA) shall conduct an annual audit on the
use of the GAD budget for the purpose of determining its judicious use
and the efficiency, and effectiveness of interventions in addressing
gender issues towards the realization of the objectives of the country’s
commitments, plans, and policies on women empowerment, gender
equality, and GAD.
Local government units are also encouraged to develop and pass a GAD
Code based on the gender issues and concerns in their respective
localities based on consultation with their women constituents and the
women’s empowerment and gender equality agenda of the government.
The GAD Code shall also serve as basis for identifying programs,
activities, and projects on GAD.
Where needed, temporary gender equity measures shall be provided for
in the plans of all departments, including their attached agencies, offices,
bureaus, state universities and colleges, government-owned and -
controlled corporations, local government units, and other government
instrumentalities.
To move towards a more sustainable, gender-responsive, and
performance-based planning and budgeting, gender issues and
concerns shall be integrated in, among others, the following plans:
(1) Macro socioeconomic plans such as the Medium-Term
Philippine Development Plan and Medium-Term Philippine Investment
Plan;
(2) Annual plans of all departments, including their attached
agencies, offices, bureaus, state universities and colleges, and
government-owned and -controlled corporations; and
(3) Local plans and agenda such as executive-legislative agenda,
comprehensive development plan (CDP), comprehensive land use plan
(CLUP), provincial development and physical framework plan (PDPFP),
and annual investment plan.
(b) Creation and/or Strengthening of the GAD Focal Points (GFP).
All departments, including their attached agencies, offices, bureaus, state
universities and colleges, government-owned and -controlled
corporations, local government units, and other government
instrumentalities shall establish or strengthen their GAD Focal Point
System or similar GAD mechanism to catalyze and accelerate gender
mainstreaming within the agency or local government unit.
The GAD Focal Point System shall be composed of the agency head or
local chief executive, an executive committee with an Undersecretary (or
its equivalent), local government unit official, or office in a strategic
decision-making position as Chair; and a technical working group or
secretariat which is composed of representatives from various divisions
or offices within the agency or local government unit.
The tasks and functions of the members of the GFP shall form part of
their regular key result areas and shall be given due consideration in their
performance evaluation.
(c) Generation and Maintenance of GAD Database. All
departments, including their attached agencies, offices, bureaus, state
universities and colleges, government-owned and -controlled
corporations, local government units, and other government
instrumentalities shall develop and maintain a GAD database containing
gender statistics and sex-disaggregated data that have been
systematically gathered, regularly updated, and subjected to gender
analysis for planning, programming, and policy formulation.
SECTION 37. Gender Focal Point Officer in Philippine Embassies
and Consulates. — An officer duly trained on GAD shall be designated
as the gender focal point in the consular section of Philippine embassies
or consulates. Said officer shall be primarily responsible in handling
gender concerns of women migrant workers. Attached agencies shall
cooperate in strengthening the Philippine foreign posts’ programs for the
delivery of services to women migrant workers.
SECTION 38. National Commission on the Role of Filipino Women
(NCRFW). — The National Commission on the Role of Filipino Women
(NCRFW) shall be renamed as the Philippine Commission on Women
(PCW), the primary policy-making and coordinating body of the women
and gender equality concerns under the Office of the President. The
PCW shall be the overall monitoring body and oversight to ensure the
implementation of this Act. In doing so, the PCW may direct any
government agency and instrumentality, as may be necessary, to report
on the implementation of this Act and for them to immediately respond to
the problems brought to their attention in relation to this Act. The PCW
shall also lead in ensuring that government agencies are capacitated on
the effective implementation of this Act. The chairperson shall likewise
report to the President in Cabinet meetings on the implementation of this
Act.
To the extent possible, the PCW shall influence the systems, processes,
and procedures of the executive, legislative, and judicial branches of
government vis-à-vis GAD to ensure the implementation of this Act.
To effectively and efficiently undertake and accomplish its functions, the
PCW shall revise its structure and staffing pattern with the assistance of
the Department of Budget and Management.
SECTION 39. Commission on Human Rights (CHR). — The
Commission, acting as the Gender and Development Ombud, consistent
with its mandate, shall undertake measures such as the following:
(a) Monitor with the PCW and other state agencies, among others,
in developing indicators and guidelines to comply with their duties related
to the human rights of women, including their right to nondiscrimination
guaranteed under this Act;
(b) Designate one (1) commissioner and/or its Women’s Human
Rights Center to be primarily responsible for formulating and
implementing programs and activities related to the promotion and
protection of the human rights of women, including the investigations and
complaints of discrimination and violations of their rights brought under
this Act and related laws and regulations;
(c) Establish guidelines and mechanisms, among others, that will
facilitate access of women to legal remedies under this Act and related
laws, and enhance the protection and promotion of the rights of women,
especially marginalized women;
(d) Assist in the filing of cases against individuals, agencies,
institutions, or establishments that violate the provisions of this Act; and
(e) Recommend to the President of the Philippines or the Civil
Service Commission any possible administrative action based on
noncompliance or failure to implement the provisions of this Act.
SECTION 40. Monitoring Progress and Implementation and Impact
of this Act. — The PCW, in coordination with other state agencies and
the CHR, shall submit to Congress regular reports on the progress of the
implementation of this Act highlighting the impact thereof on the status
and human rights of women: Provided, That the second report shall
include an assessment of the effectiveness of this Act and recommend
amendments to improve its provisions: Provided, finally, That these
reports shall be submitted to Congress every three (3) years or as
determined in the implementing rules and regulations.
SECTION 41. Penalties. — Upon finding of the CHR that a
department, agency, or instrumentality of government, government-
owned and -controlled corporation, or local government unit has violated
any provision of this Act and its implementing rules and regulations, the
sanctions under administrative law, civil service, or other appropriate
laws shall be recommended to the Civil Service Commission and/or the
Department of the Interior and Local Government. The person directly
responsible for the violation as well as the head of the agency or local
chief executive shall be held liable under this Act.
If the violation is committed by a private entity or individual, the person
directly responsible for the violation shall be liable to pay damages.
Filing a complaint under this Act shall not preclude the offended party
from pursuing other remedies available under the law and to invoke any
of the provisions of existing laws especially those recently enacted laws
protecting women and children, including the Women in Development
and Nation Building Act (Republic Act No. 7192), the Special Protection
of Children Against Child Abuse, Exploitation and Discrimination Act
(Republic Act No. 7610), the Anti-Sexual Harassment Act of 1995
(Republic Act No. 7877), the Anti-Rape Law of 1997 (Republic Act No.
8353), the Rape Victim Assistance and Protection Act of 1998 (Republic
Act No. 8505), the Anti-Trafficking in Persons Act of 2003 (Republic Act
No. 9208) and the Anti-Violence Against Women and Their Children Act
of 2004 (Republic Act No. 9262). If violence has been proven to be
perpetrated by agents of the State including, but not limited to,
extrajudicial killings, enforced disappearances, torture, and internal
displacements, such shall be considered aggravating offenses with
corresponding penalties depending on the severity of the offenses.
SECTION 42. Incentives and Awards. — There shall be established
an incentives and awards system which shall be administered by a board
under such rules and regulations as may be promulgated by the PCW to
deserving entities, government agencies, and local government units for
their outstanding performance in upholding the rights of women and
effective implementation of gender-responsive programs.
SECTION 43. Funding. — The initial funding requirements for the
implementation of this Act shall be charged against the current
appropriations of the agencies concerned. Thereafter, such sums as may
be necessary for the implementation of this Act shall be included in the
agencies’ yearly budgets under the General Appropriations Act.
The State shall prioritize allocation of all available resources to effectively BATAS PAMBANSA BLG. 186, March 16, 1982
fulfill its obligations specified under this Act. The State agencies GAD
budgets, which shall be at least five percent (5%) of their total budgetary
allocation, shall also be utilized for the programs and activities to AN ACT INCREASING THE PENALTY FOR WHITE SLAVE TRADE,
AMENDING FOR THE PURPOSE ARTICLE 341 OF THE REVISED
implement this Act.
PENAL CODE.
SECTION 44. Implementing Rules and Regulations. — As the lead
Be it enacted by the Batasang Pambansa in session assembled:
agency, the PCW shall, in coordination with the Commission on Human
Rights and all concerned government departments and agencies
including, as observers, both Houses of Congress through the Committee
on Youth, Women and Family Relations (Senate) and the Committee on
Women and Gender Equality (House of Representatives) and with the SECTION 1 Article 341 of the Revised Penal Code is hereby amended
participation of representatives from nongovernment organizations to read as follows.
(NGOs) and civil society groups with proven track record of involvement
and promotion of the rights and welfare of Filipino women and girls
identified by the PCW, formulate the implementing rules and regulations
(IRR) of this Act within one hundred eighty (180) days after its effectivity. "ART. 341. White Slave Trade–The penalty of prision mayor in its
medium and maximum periods shall be imposed upon any person who
SECTION 45. Separability Clause. — If any provision or part hereof in any manner, or under any pretext, shall engage in the business or shall
is held invalid or unconstitutional, the remainder of the law or the profit by prostitution or shall enlist the services of any other person for the
provisions not otherwise affected shall remain valid and subsisting. purpose of prostitution.”

SECTION 46. Repealing Clause. — Any law, presidential decree or

issuance, executive order, letter of instruction, administrative order, rule,
or regulation contrary to, or inconsistent with, the provisions of this Act is SEC. 2. This Act shall take effect upon its approval.
hereby repealed, modified, or amended accordingly.

SECTION 47. Effectivity Clause. — This Act shall take effect fifteen
(15) days after its publication in at least two (2) newspapers of general
circulation.
 Republic Act No. 10158 SEC. 2. Effect on Pending Cases. – All pending cases under the
provisions of Article 202 of the Revised Penal Code on Vagrancy prior to
March 27, 2012
its amendment by this Act shall be dismissed upon effectivity of this Act.
REPUBLIC OF THE PHILIPPINES
CONGRESS OF THE PHILIPPINES SEC. 3. Immediate Release of Convicted Persons. – All persons serving
METRO MANILA sentence for violation of the provisions of Article 202 of the Revised Penal
Fifteenth Congress Code on Vagrancy prior to its amendment by this Act shall be immediately
released upon effectivity of this Act: Provided, That they are not serving
Second Regular Session sentence or detained for any other offense or felony.

SEC. 4. Repealing Clause. – All laws, presidential decrees, executive

Begun and held in Metro Manila, on Monday, the twenty-fifth day of
July, two thousand eleven.
[ REPUBLIC ACT NO. 10158 ]
AN ACT DECRIMINALIZING VAGRANCY, AMENDING FOR THIS
PURPOSE ARTICLE 202 OF ACT NO. 3815, AS AMENDED,
OTHERWISE KNOWN AS THE REVISED PENAL CODE
orders, rules and regulations and other issuances, or any part thereof,
inconsistent with this Act are hereby repealed, modified or amended
accordingly.
SEC. 5. Effectivity Clause. – This Act shall take effect fifteen (15) days
after its publication in the Official Gazette or in at least two (2)
newspapers of general circulation.

Be it enacted by the Senate and House of Representatives of the

Philippines in Congress assembled:

SECTION 1. Article 202 of the Revised Penal Code is hereby, amended

to read as follows:

“Article 202. Prostitutes; Penalty. – For the purposes of this article,

women who, for money or profit, habitually indulge in sexual intercourse
or lascivious conduct, are deemed to be prostitutes.

“Any person found guilty of any of the offenses covered by this article
shall be punished by arresto menor or a fine not exceeding 200 pesos,
and in case of recidivism, by arresto mayor in its medium period to prision
correctional in its minimum period or a fine ranging from 200 to 2,000
pesos, or both, in the discretion of the court.”
 Republic Act No. 9208
Republic of the Philippines
Congress of the Philippines
Metro Manila
Twelfth Congress
Second Regular Session
Begun held in Metro Manila on Monday, the twenty-second day of July,
two thousand two
Republic Act No. 9208 May 26, 2003
AN ACT TO INSTITUTE POLICIES TO ELIMINATE TRAFFICKING IN
PERSONS ESPECIALLY WOMEN AND CHILDREN, ESTABLISHING
THE NECESSARY INSTITUTIONAL MECHANISMS FOR THE
PROTECTION AND SUPPORT OF TRAFFICKED PERSONS,
PROVIDING PENALTIES FOR ITS VIOLATIONS, AND FOR OTHER
Be it enacted by the Senate and the House of Representatives of the
Philippines in Congress assembled:
Section 1. Title. This Act shall be known as the "Anti-Trafficking in
Persons Act of 2003".
Section 2. Declaration of Policy. – It is hereby declared that the State
values the dignity of every human person and guarantees the respect of
individual rights. In pursuit of this policy, the State shall give highest
priority to the enactment of measures and development of programs that
will promote human dignity, protect the people from any threat of violence
and exploitation, eliminate trafficking in persons, and mitigate pressures
for involuntary migration and servitude of persons, not only to support
trafficked persons but more importantly, to ensure their recovery,
rehabilitation and reintegration into the mainstream of society.
It shall be a State policy to recognize the equal rights and inherent human
dignity of women and men as enshrined in the United Nations Universal
Declaration on Human Rights, United Nations Convention on the Rights
of the Child, United Nations Convention on the Protection of Migrant
Workers and their Families. United Nations Convention Against
Transnational Organized Crime Including its Protocol to Prevent,
Suppress and Punish Trafficking in Persons, Especially Women and
Children and all other relevant and universally accepted human rights
instruments and other international conventions to which the Philippines
is a signatory.
Section 3. Definition of Terms. - As used in this Act:
(a) Trafficking in Persons - refers to the recruitment, transportation,
transfer or harboring, or receipt of persons with or without the victim's
consent or knowledge, within or across national borders by means of
threat or use of force, or other forms of coercion, abduction, fraud,
deception, abuse of power or of position, taking advantage of the
vulnerability of the person, or, the giving or receiving of payments or
benefits to achieve the consent of a person having control over another
person for the purpose of exploitation which includes at a minimum, the
exploitation or the prostitution of others or other forms of sexual
exploitation, forced labor or services, slavery, servitude or the removal or
sale of organs.
The recruitment, transportation, transfer, harboring or receipt of a child
for the purpose of exploitation shall also be considered as "trafficking in
persons" even if it does not involve any of the means set forth in the
preceding paragraph.
(b) Child - refers to a person below eighteen (18) years of age or one who
is over eighteen (18) but is unable to fully take care of or protect
himself/herself from abuse, neglect, cruelty, exploitation, or discrimination
because of a physical or mental disability or condition.
(c) Prostitution - refers to any act, transaction, scheme or design involving
the use of a person by another, for sexual intercourse or lascivious
conduct in exchange for money, profit or any other consideration.
(d) Forced Labor and Slavery - refer to the extraction of work or services
from any person by means of enticement, violence, intimidation or threat,
use of force or coercion, including deprivation of freedom, abuse of
authority or moral ascendancy, debt-bondage or deception.
(e) Sex Tourism - refers to a program organized by travel and tourism-
related establishments and individuals which consists of tourism
packages or activities, utilizing and offering escort and sexual services
as enticement for tourists. This includes sexual services and practices
offered during rest and recreation periods for members of the military.
(f) Sexual Exploitation - refers to participation by a person in prostitution
or the production of pornographic materials as a result of being subjected
to a threat, deception, coercion, abduction, force, abuse of authority, debt
bondage, fraud or through abuse of a victim's vulnerability.
(g) Debt Bondage - refers to the pledging by the debtor of his/her personal
services or labor or those of a person under his/her control as security or
payment for a debt, when the length and nature of services is not clearly
defined or when the value of the services as reasonably assessed is not
applied toward the liquidation of the debt.
(h) Pornography - refers to any representation, through publication,
exhibition, cinematography, indecent shows, information technology, or
by whatever means, of a person engaged in real or simulated explicit
sexual activities or any representation of the sexual parts of a person for
primarily sexual purposes.
(i) Council - shall mean the Inter-Agency Council Against Trafficking
created under Section 20 of this Act.
Section 4. Acts of Trafficking in Persons. - It shall be unlawful for any
person, natural or juridical, to commit any of the following acts:
(a) To recruit, transport, transfer; harbor, provide, or receive a person by
any means, including those done under the pretext of domestic or
overseas employment or training or apprenticeship, for the purpose of
prostitution, pornography, sexual exploitation, forced labor, slavery,
involuntary servitude or debt bondage;
(b) To introduce or match for money, profit, or material, economic or other
consideration, any person or, as provided for under Republic Act No.
6955, any Filipino woman to a foreign national, for marriage for the
purpose of acquiring, buying, offering, selling or trading him/her to
engage in prostitution, pornography, sexual exploitation, forced labor,
slavery, involuntary servitude or debt bondage;
(c) To offer or contract marriage, real or simulated, for the purpose of
acquiring, buying, offering, selling, or trading them to engage in
prostitution, pornography, sexual exploitation, forced labor or slavery,
involuntary servitude or debt bondage;
(d) To undertake or organize tours and travel plans consisting of tourism
packages or activities for the purpose of utilizing and offering persons for
prostitution, pornography or sexual exploitation;
(e) To maintain or hire a person to engage in prostitution or pornography;
(f) To adopt or facilitate the adoption of persons for the purpose of
prostitution, pornography, sexual exploitation, forced labor, slavery,
involuntary servitude or debt bondage;
(g) To recruit, hire, adopt, transport or abduct a person, by means of
threat or use of force, fraud, deceit, violence, coercion, or intimidation for
the purpose of removal or sale of organs of said person; and
(h) To recruit, transport or adopt a child to engage in armed activities in
the Philippines or abroad.
Section 5. Acts that Promote Trafficking in Persons. - The following acts
which promote or facilitate trafficking in persons, shall be unlawful:
(a) To knowingly lease or sublease, use or allow to be used any house,
building or establishment for the purpose of promoting trafficking in
persons;
(b) To produce, print and issue or distribute unissued, tampered or fake
counseling certificates, registration stickers and certificates of any
government agency which issues these certificates and stickers as proof
of compliance with government regulatory and pre-departure
requirements for the purpose of promoting trafficking in persons;
(c) To advertise, publish, print, broadcast or distribute, or cause the
advertisement, publication, printing, broadcasting or distribution by any
means, including the use of information technology and the internet, of
any brochure, flyer, or any propaganda material that promotes trafficking
in persons;
(d) To assist in the conduct of misrepresentation or fraud for purposes of
facilitating the acquisition of clearances and necessary exit documents
from government agencies that are mandated to provide pre-departure
registration and services for departing persons for the purpose of
promoting trafficking in persons;
(e) To facilitate, assist or help in the exit and entry of persons from/to
the country at international and local airports, territorial boundaries and
seaports who are in possession of unissued, tampered or fraudulent
travel documents for the purpose of promoting trafficking in persons;
(f) To confiscate, conceal, or destroy the passport, travel documents, or
personal documents or belongings of trafficked persons in furtherance of
trafficking or to prevent them from leaving the country or seeking redress
from the government or appropriate agencies; and
(g) To knowingly benefit from, financial or otherwise, or make use of, the
labor or services of a person held to a condition of involuntary servitude,
forced labor, or slavery.
Section 6. Qualified Trafficking in Persons. - The following are considered
as qualified trafficking:
(a) When the trafficked person is a child;
(b) When the adoption is effected through Republic Act No. 8043,
otherwise known as the "Inter-Country Adoption Act of 1995" and said
adoption is for the purpose of prostitution, pornography, sexual
exploitation, forced labor, slavery, involuntary servitude or debt bondage;
(c) When the crime is committed by a syndicate, or in large scale.
Trafficking is deemed committed by a syndicate if carried out by a group
of three (3) or more persons conspiring or confederating with one
another. It is deemed committed in large scale if committed against three
(3) or more persons, individually or as a group;
(d) When the offender is an ascendant, parent, sibling, guardian or a
person who exercises authority over the trafficked person or when the
offense is committed by a public officer or employee;
(e) When the trafficked person is recruited to engage in prostitution with
any member of the military or law enforcement agencies;
(f) When the offender is a member of the military or law enforcement
agencies; and
(g) When by reason or on occasion of the act of trafficking in persons, the
offended party dies, becomes insane, suffers mutilation or is afflicted with
Human Immunodeficiency Virus (HIV) or the Acquired Immune
Deficiency Syndrome (AIDS).
Section 6. Confidentiality. - At any stage of the investigation, prosecution
and trial of an offense under this Act, law enforcement officers,
prosecutors, judges, court personnel and medical practitioners, as well
as parties to the case, shall recognize the right to privacy of the trafficked
person and the accused. Towards this end, law enforcement officers,
prosecutors and judges to whom the complaint has been referred may,
whenever necessary to ensure a fair and impartial proceeding, and after
considering all circumstances for the best interest of the parties, order a
closed-door investigation, prosecution or trial. The name and personal
circumstances of the trafficked person or of the accused, or any other
information tending to establish their identities and such circumstances
or information shall not be disclosed to the public.
In cases when prosecution or trial is conducted behind closed-doors, it
shall be unlawful for any editor, publisher, and reporter or columnist in
case of printed materials, announcer or producer in case of television and
radio, producer and director of a film in case of the movie industry, or any
person utilizing tri-media facilities or information technology to cause
publicity of any case of trafficking in persons.
Section 8. Prosecution of Cases. - Any person who has personal
knowledge of the commission of any offense under this Act, the trafficked
person, the parents, spouse, siblings, children or legal guardian may file
a complaint for trafficking.
Section 9. Venue. - A criminal action arising from violation of this Act shall
be filed where the offense was committed, or where any of its elements
occurred, or where the trafficked person actually resides at the time of
the commission of the offense: Provided, That the court where the
criminal action is first filed shall acquire jurisdiction to the exclusion of
other courts.
Section 10. Penalties and Sanctions. - The following penalties and
sanctions are hereby established for the offenses enumerated in this Act:
(a) Any person found guilty of committing any of the acts enumerated in
Section 4 shall suffer the penalty of imprisonment of twenty (20) years
and a fine of not less than One million pesos (P1,000,000.00) but not
more than Two million pesos (P2,000,000.00);
(b) Any person found guilty of committing any of the acts enumerated in
Section 5 shall suffer the penalty of imprisonment of fifteen (15) years
and a fine of not less than Five hundred thousand pesos (P500,000.00)
but not more than One million pesos (P1,000,000.00);
(c) Any person found guilty of qualified trafficking under Section 6 shall
suffer the penalty of life imprisonment and a fine of not less than Two
million pesos (P2,000,000.00) but not more than Five million pesos
(P5,000,000.00);
(d) Any person who violates Section 7 hereof shall suffer the penalty of
imprisonment of six (6) years and a fine of not less than Five hundred
thousand pesos (P500,000.00) but not more than One million pesos
(P1,000,000.00);
(e) If the offender is a corporation, partnership, association, club,
establishment or any juridical person, the penalty shall be imposed upon
the owner, president, partner, manager, and/or any responsible officer
who participated in the commission of the crime or who shall have
knowingly permitted or failed to prevent its commission;
(f) The registration with the Securities and Exchange Commission (SEC)
and license to operate of the erring agency, corporation, association,
religious group, tour or travel agent, club or establishment, or any place
of entertainment shall be cancelled and revoked permanently. The owner,
president, partner or manager thereof shall not be allowed to operate
similar establishments in a different name;
(g) If the offender is a foreigner, he shall be immediately deported after
serving his sentence and be barred permanently from entering the
country;
(h) Any employee or official of government agencies who shall issue or
approve the issuance of travel exit clearances, passports, registration
certificates, counseling certificates, marriage license, and other similar
documents to persons, whether juridical or natural, recruitment agencies,
establishments or other individuals or groups, who fail to observe the
prescribed procedures and the requirement as provided for by laws, rules
and regulations, shall be held administratively liable, without prejudice to
criminal liability under this Act. The concerned government official or
employee shall, upon conviction, be dismissed from the service and be
barred permanently to hold public office. His/her retirement and other
benefits shall likewise be forfeited; and
(i) Conviction by final judgment of the adopter for any offense under this
Act shall result in the immediate rescission of the decree of adoption.
Section 11. Use of Trafficked Persons. - Any person who buys or engages
the services of trafficked persons for prostitution shall be penalized as
follows:
(a) First offense - six (6) months of community service as may be
determined by the court and a fine of Fifty thousand pesos (P50,000.00);
and
(b) Second and subsequent offenses - imprisonment of one (1) year and
a fine of One hundred thousand pesos (P100,000.00).
Section 12. Prescriptive Period. - Trafficking cases under this Act shall
prescribe in ten (10) years: Provided, however, That trafficking cases
committed by a syndicate or in a large scale as defined under Section 6
shall prescribe in twenty (20) years.
The prescriptive period shall commence to run from the day on which the
trafficked person is delivered or released from the conditions of bondage
and shall be interrupted by the filing of the complaint or information and
shall commence to run again when such proceedings terminate without
the accused being convicted or acquitted or are unjustifiably stopped for
any reason not imputable to the accused.
Section 13. Exemption from Filing Fees. - When the trafficked person
institutes a separate civil action for the recovery of civil damages, he/she
shall be exempt from the payment of filing fees.
Section 14. Confiscation and Forfeiture of the Proceeds and Instruments
Derived from Trafficking in Persons. - In addition to the penalty imposed
for the violation of this Act, the court shall order the confiscation and
forfeiture, in favor of the government, of all the proceeds and properties
derived from the commission of the crime, unless they are the property
of a third person not liable for the unlawful act; Provided, however, That
all awards for damages shall be taken from the personal and separate
properties of the offender; Provided, further, That if such properties are
insufficient, the balance shall be taken from the confiscated and forfeited
properties.
When the proceeds, properties and instruments of the offense have been
destroyed, diminished in value or otherwise rendered worthless by any
act or omission, directly or indirectly, of the offender, or it has been
concealed, removed, converted or transferred to prevent the same from
being found or to avoid forfeiture or confiscation, the offender shall be
ordered to pay the amount equal to the value of the proceeds, property
or instruments of the offense.
Section 15. Trust Fund. - All fines imposed under this Act and the
proceeds and properties forfeited and confiscated pursuant to Section 14
hereof shall accrue to a Trust Fund to be administered and managed by
the Council to be used exclusively for programs that will prevent acts of
trafficking and protect, rehabilitate, reintegrate trafficked persons into the
mainstream of society. Such programs shall include, but not limited to,
the following:
(a) Provision for mandatory services set forth in Section 23 of this Act;
(b) Sponsorship of a national research program on trafficking and
establishment of a data collection system for monitoring and evaluation
purposes;
(c) Provision of necessary technical and material support services to
appropriate government agencies and non-government organizations
(NGOs);
(d) Sponsorship of conferences and seminars to provide venue for
consensus building amongst the public, the academe, government,
NGOs and international organizations; and
(e) Promotion of information and education campaign on trafficking.
Section 16. Programs that Address Trafficking in Persons. - The
government shall establish and implement preventive, protective and
rehabilitative programs for trafficked persons. For this purpose, the
following agencies are hereby mandated to implement the following
programs;
(a) Department of Foreign Affairs (DFA) - shall make available its
resources and facilities overseas for trafficked persons regardless of their
manner of entry to the receiving country, and explore means to further
enhance its assistance in eliminating trafficking activities through closer
networking with government agencies in the country and overseas,
particularly in the formulation of policies and implementation of relevant
programs.
The DFA shall take necessary measures for the efficient implementation
of the Machine Readable Passports to protect the integrity of Philippine
passports, visas and other travel documents to reduce the incidence of
trafficking through the use of fraudulent identification documents.
It shall establish and implement a pre-marriage, on-site and pre-
departure counseling program on intermarriages.
(b) Department of Social Welfare and Development (DSWD) - shall
implement rehabilitative and protective programs for trafficked persons.
It shall provide counseling and temporary shelter to trafficked persons
and develop a system for accreditation among NGOs for purposes of
establishing centers and programs for intervention in various levels of the
community.
(c) Department of Labor and Employment (DOLE) - shall ensure the strict
implementation and compliance with the rules and guidelines relative to
the employment of persons locally and overseas. It shall likewise monitor,
document and report cases of trafficking in persons involving employers
and labor recruiters.
(d) Department of Justice (DOJ) - shall ensure the prosecution of persons
accused of trafficking and designate and train special prosecutors who
shall handle and prosecute cases of trafficking. It shall also establish a
mechanism for free legal assistance for trafficked persons, in
coordination with the DSWD, Integrated Bar of the Philippines (IBP) and
other NGOs and volunteer groups.
(e) National Commission on the Role of Filipino Women (NCRFW) - shall
actively participate and coordinate in the formulation and monitoring of
policies addressing the issue of trafficking in persons in coordination with
relevant government agencies. It shall likewise advocate for the inclusion
of the issue of trafficking in persons in both its local and international
advocacy for women's issues.
(f) Bureau of Immigration (BI) - shall strictly administer and enforce
immigration and alien administration laws. It shall adopt measures for the
apprehension of suspected traffickers both at the place of arrival and
departure and shall ensure compliance by the Filipino fiancés/fiancées
and spouses of foreign nationals with the guidance and counseling
requirement as provided for in this Act.
(g) Philippine National Police (PNP) - shall be the primary law
enforcement agency to undertake surveillance, investigation and arrest
of individuals or persons suspected to be engaged in trafficking. It shall
closely coordinate with various law enforcement agencies to secure
concerted efforts for effective investigation and apprehension of
suspected traffickers. It shall also establish a system to receive
complaints and calls to assist trafficked persons and conduct rescue
operations.
(h) Philippine Overseas Employment Administration (POEA) - shall
implement an effective pre-employment orientation seminars and pre-
departure counseling programs to applicants for overseas employment.
It shall likewise formulate a system of providing free legal assistance to
trafficked persons.
(i) Department of the Interior and Local Government (DILG) - shall
institute a systematic information and prevention campaign and likewise
maintain a databank for the effective monitoring, documentation and
prosecution of cases on trafficking in persons.
(j) Local government units (LGUs) - shall monitor and document cases of
trafficking in persons in their areas of jurisdiction, effect the cancellation
of licenses of establishments which violate the provisions of this Act and
ensure effective prosecution of such cases. They shall also undertake an
information campaign against trafficking in persons through the
establishment of the Migrants Advisory and Information Network (MAIN)
desks in municipalities or provinces in coordination with DILG, Philippine
Information Agency (PIA), Commission on Filipinos Overseas (CFO),
NGOs and other concerned agencies. They shall encourage and support
community based initiatives which address the trafficking in persons.
In implementing this Act, the agencies concerned may seek and enlist
the assistance of NGOs, people's organizations (Pos), civic organizations
and other volunteer groups.
Section 17. Legal Protection to Trafficked Persons. - Trafficked persons
shall be recognized as victims of the act or acts of trafficking and as such
shall not be penalized for crimes directly related to the acts of trafficking
enumerated in this Act or in obedience to the order made by the trafficker
in relation thereto. In this regard, the consent of a trafficked person to the
intended exploitation set forth in this Act shall be irrelevant.
Section 18. Preferential Entitlement Under the Witness Protection
Program. - Any provision of Republic Act No. 6981 to the contrary
notwithstanding, any trafficked person shall be entitled to the witness
protection program provided therein.
Section 19. Trafficked Persons Who are Foreign Nationals. - Subject to
the guidelines issued by the Council, trafficked persons in the Philippines
who are nationals of a foreign country shall also be entitled to appropriate
protection, assistance and services available to trafficked persons under
this Act: Provided, That they shall be permitted continued presence in the
Philippines for a length of time prescribed by the Council as necessary to
effect the prosecution of offenders.
Section 20. Inter-Agency Council Against Trafficking. - There is hereby
established an Inter-Agency Council Against Trafficking, to be composed
of the Secretary of the Department of Justice as Chairperson and the
Secretary of the Department of Social Welfare and Development as Co-
Chairperson and shall have the following as members:
(a) Secretary, Department of Foreign Affairs;
(b) Secretary, Department of Labor and Employment;
(c) Administrator, Philippine Overseas Employment Administration;
(d) Commissioner, Bureau of Immigration;
(e) Director-General, Philippine National Police;
(f) Chairperson, National Commission on the Role of Filipino Women; and
(g) Three (3) representatives from NGOs, who shall be composed of one
(1) representative each from among the sectors representing women,
overseas Filipino workers (OFWs) and children, with a proven record of
involvement in the prevention and suppression of trafficking in persons.
These representatives shall be nominated by the government agency
representatives of the Council, for appointment by the President for a
term of three (3) years.
The members of the Council may designate their permanent
representatives who shall have a rank not lower than an assistant
secretary or its equivalent to meetings, and shall receive emoluments as
may be determined by the Council in accordance with existing budget
and accounting, rules and regulations.
Section 21. Functions of the Council. - The Council shall have the
following powers and functions:
(a) Formulate a comprehensive and integrated program to prevent and
suppress the trafficking in persons;
(b) Promulgate rules and regulations as may be necessary for the
effective implementation of this Act;
(c) Monitor and oversee the strict implementation of this Act
(d) Coordinate the programs and projects of the various member
agencies to effectively address the issues and problems attendant to
trafficking in persons;
(e) Coordinate the conduct of massive information dissemination and
campaign on the existence of the law and the various issues and
problems attendant to trafficking through the LGUs, concerned agencies,
and NGOs;
(f) Direct other agencies to immediately respond to the problems brought
to their attention and report to the Council on action taken;
(g) Assist in filing of cases against individuals, agencies, institutions or
establishments that violate the provisions of this Act;
(h) Formulate a program for the reintegration of trafficked persons in
cooperation with DOLE, DSWD, Technical Education and Skills
Development Authority (TESDA), Commission on Higher Education
(CHED), LGUs and NGOs;
(i) Secure from any department, bureau, office, agency, or instrumentality
of the government or from NGOs and other civic organizations such
assistance as may be needed to effectively implement this Act;
(j) Complement the shared government information system for migration
established under Republic Act No. 8042, otherwise known as the
"Migrant Workers and Overseas Filipinos Act of 1995" with data on cases
of trafficking in persons, and ensure that the proper agencies conduct a
continuing research and study on the patterns and scheme of trafficking
in persons which shall form the basis for policy formulation and program
direction;
(k) Develop the mechanism to ensure the timely, coordinated, and
effective response to cases of trafficking in persons;
(l) Recommend measures to enhance cooperative efforts and mutual
assistance among foreign countries through bilateral and/or multilateral
arrangements to prevent and suppress international trafficking in
persons;
(m) Coordinate with the Department of Transportation and
Communications (DOTC), Department of Trade and Industry (DTI), and
other NGOs in monitoring the promotion of advertisement of trafficking in
the internet;
(n) Adopt measures and policies to protect the rights and needs of
trafficked persons who are foreign nationals in the Philippines;
(o) Initiate training programs in identifying and providing the necessary
intervention or assistance to trafficked persons; and
(p) Exercise all the powers and perform such other functions necessary
to attain the purposes and objectives of this Act.
Section 22. Secretariat to the Council. - The Department of Justice shall
establish the necessary Secretariat for the Council.
Section 23. Mandatory Services to Trafficked Persons. - To ensure
recovery, rehabilitation and reintegration into the mainstream of society,
concerned government agencies shall make available the following
services to trafficked persons:
(a) Emergency shelter or appropriate housing;
(b) Counseling;
(c) Free legal services which shall include information about the victims'
rights and the procedure for filing complaints, claiming compensation and
such other legal remedies available to them, in a language understood
by the trafficked person;
(d) Medical or psychological services;
(e) Livelihood and skills training; and
(f) Educational assistance to a trafficked child.
Sustained supervision and follow through mechanism that will track the
progress of recovery, rehabilitation and reintegration of the trafficked
persons shall be adopted and carried out.
Section 24. Other Services for Trafficked Persons. -
(a) Legal Assistance. - Trafficked persons shall be considered under the
category "Overseas Filipino in Distress" and may avail of the legal
assistance created by Republic Act No. 8042, subject to the guidelines
as provided by law.
(b) Overseas Filipino Resource Centers. - The services available to
overseas Filipinos as provided for by Republic Act No. 8042 shall also be
extended to trafficked persons regardless of their immigration status in
the host country.
(c) The Country Team Approach. - The country team approach under
Executive Order No. 74 of 1993, shall be the operational scheme under
which Philippine embassies abroad shall provide protection to trafficked
persons insofar as the promotion of their welfare, dignity and fundamental
rights are concerned.
Section 25. Repatriation of Trafficked Persons. - The DFA, in coordination
with DOLE and other appropriate agencies, shall have the primary
responsibility for the repatriation of trafficked persons, regardless of
whether they are documented or undocumented.
If, however, the repatriation of the trafficked persons shall expose the
victims to greater risks, the DFA shall make representation with the host
government for the extension of appropriate residency permits and
protection, as may be legally permissible in the host country.
Section 26. Extradition. - The DOJ, in consultation with DFA, shall
endeavor to include offenses of trafficking in persons among extraditable
offenses.
Section 27. Reporting Requirements. - The Council shall submit to the
President of the Philippines and to Congress an annual report of the
policies, programs and activities relative to the implementation of this Act.
Section 32. Repealing clause. - All laws, presidential decrees, executive
orders and rules and regulations, or parts thereof, inconsistent with the
provisions of this Act are hereby repealed or modified accordingly:
Provided, That this Act shall not in any way amend or repeal the provision
of Republic Act No. 7610, otherwise known as the "Special Protection of
Children Against Child Abuse, Exploitation and Discrimination Act".
Section 33. Effectivity. - This Act shall take effect fifteen (15) days from
the date of its complete publication in at least two (2) newspapers of
general circulation.

Section 28. Funding. - The heads of the departments and agencies

concerned shall immediately include in their programs and issue such
rules and regulations to implement the provisions of this Act, the funding
of which shall be included in the annual General Appropriations Act.

Section 29. Implementing Rules and Regulations. - The Council shall

promulgate the necessary implementing rules and regulations within sixty
(60) days from the effectivity of this Act.

Section 30. Non-restriction of Freedom of Speech and of Association,

Religion and the Right to Travel. - Nothing in this Act shall be interpreted
as a restriction of the freedom of speech and of association, religion and
the right to travel for purposes not contrary to law as guaranteed by the
Constitution.

Section 31. Separability Clause. - If, for any reason, any section or
provision of this Act is held unconstitutional or invalid, the other sections
or provisions hereof shall not be affected thereby.
 REPUBLIC ACT NO. 10364
February 6, 2013
Republic of the Philippines
Congress of the Philippines
Metro Manila
Fifteenth Congress
Third Regular Session
Begun and held in Metro Manila, on Monday, the twenty-third day of July,
two thousand twelve.
[REPUBLIC ACT NO. 10364]
AN ACT EXPANDING REPUBLIC ACT NO. 9208, ENTITLED “AN
ACT TO INSTITUTE POLICIES TO ELIMINATE TRAFFICKING IN
PERSONS ESPECIALLY WOMEN AND CHILDREN, ESTABLISHING
THE NECESSARY INSTITUTIONAL MECHANISMS FOR THE
PROTECTION AND SUPPORT OF TRAFFICKED PERSONS,
PROVIDING PENALTIES FOR ITS VIOLATIONS AND FOR OTHER
PURPOSES”
Be it enacted by the Senate and House of Representatives of the
Philippines in Congress assembled:
SECTION 1. Short Title. – This Act shall be known as the “Expanded
Anti-Trafficking in Persons Act of 2012”.
SEC. 2. Section 2 of Republic Act No. 9208 is hereby amended to read
as follows:
“SEC. 2. Declaration of Policy. – It is hereby declared that the State
values the dignity of every human person and guarantees the respect of
individual rights. In pursuit of this policy, the State shall give highest
priority to the enactment of measures and development of programs that
will promote human dignity, protect the people from any threat of violence
and exploitation, eliminate trafficking in persons, and mitigate pressures
for involuntary migration and servitude of persons, not only to support
trafficked persons but more importantly, to ensure their recovery,
rehabilitation and reintegration into the mainstream of society.
“It shall be a State policy to recognize the equal rights and inherent
human dignity of women and men as enshrined in the United Nations
Universal Declaration on Human Rights, United Nations Convention on
the Elimination of All Forms of Discrimination Against Women, United
Nations Convention on the Rights of the Child, United Nations
Convention on the Protection of Migrant Workers and their Families,
United Nations Convention Against Transnational Organized Crime
Including its Protocol to Prevent, Suppress and Punish Trafficking in
Persons, Especially Women and Children and all other relevant and
universally accepted human rights instruments and other international
conventions to which the Philippines is a signatory.”
SEC. 3. Section 3 of Republic Act No. 9208 is hereby amended to read
as follows:
“SEC. 3. Definition of Terms. – As used in this Act:
“(a) Trafficking in Persons – refers to the recruitment, obtaining, hiring,
providing, offering, transportation, transfer, maintaining, harboring, or
receipt of persons with or without the victim’s consent or knowledge,
within or across national borders by means of threat, or use of force, or
other forms of coercion, abduction, fraud, deception, abuse of power or
of position, taking advantage of the vulnerability of the person, or, the
giving or receiving of payments or benefits to achieve the consent of a
person having control over another person for the purpose of exploitation
which includes at a minimum, the exploitation or the prostitution of others
or other forms of sexual exploitation, forced labor or services, slavery,
servitude or the removal or sale of organs.
“The recruitment, transportation, transfer, harboring, adoption or receipt
of a child for the purpose of exploitation or when the adoption is induced
by any form of consideration for exploitative purposes shall also be
considered as ‘trafficking in persons’ even if it does not involve any of the
means set forth in the preceding paragraph.
“(b) Child – refers to a person below eighteen (18) years of age or one
who is over eighteen (18) but is unable to fully take care of or protect
himself/herself from abuse, neglect, cruelty, exploitation, or
discrimination because of a physical or mental disability or condition.
“(c) Prostitution – refers to any act, transaction, scheme or design
involving the use of a person by another, for sexual intercourse or
lascivious conduct in exchange for money, profit or any other
consideration.
“(d) Forced Labor – refers to the extraction of work or services from any
person by means of enticement, violence, intimidation or threat, use of,
force or coercion, including deprivation of freedom, abuse of authority or
moral ascendancy, debt-bondage or deception including any work or
service extracted from any person under the menace of penalty.
“(e) Slavery – refers to the status or condition of a person over whom any
or all of the powers attaching to the right of ownership are exercised.
“(f) Involuntary Servitude – refers to a condition of enforced and
compulsory service induced by means of any scheme, plan or pattern,
intended to cause a person to believe that if he or she did not enter into
or continue in such condition, he or she or another person would suffer
serious harm or other forms of abuse or physical restraint, or threat of
abuse or harm, or coercion including depriving access to travel
documents and withholding salaries, or the abuse or threatened abuse of
the legal process.
“(g) Sex Tourism – refers to a program organized by travel and tourism-
related establishments and individuals which consists of tourism
packages or activities, utilizing and offering escort and sexual services
as enticement for tourists. This includes sexual services and practices
offered during rest and recreation periods for members of the military.
“(h) Sexual Exploitation – refers to participation by a person in
prostitution, pornography or the production of pornography, in exchange
for money, profit or any other consideration or where the participation is
caused or facilitated by any means of intimidation or threat, use of force,
or other forms of coercion, abduction, fraud, deception, debt bondage,
abuse of power or of position or of legal process, taking advantage of the
vulnerability of the person, or giving or receiving of payments or benefits
to achieve the consent of a person having control over another person;
or in sexual intercourse or lascivious conduct caused or facilitated by any
means as provided in this Act.
“(i) Debt Bondage – refers to the pledging by the debtor of his/her
personal services or labor or those of a person under his/her control as
security or payment for a debt, when the length and nature of services is
not clearly defined or when the value of the services as reasonably
assessed is not applied toward the liquidation of the debt.
“(j) Pornography – refers to any representation, through publication,
exhibition, cinematography, indecent shows, information technology, or
by whatever means, of a person engaged in real or simulated explicit
sexual activities or any representation of the sexual parts of a person for
primarily sexual purposes.
“(k) Council – shall mean the Inter-Agency Council Against Trafficking
created under Section 20 of this Act.”
SEC. 4. Section 4 of Republic Act No. 9208 is hereby amended to read
as follows:
“SEC. 4. Acts of Trafficking in Persons. – It shall be unlawful for any
person, natural or juridical, to commit any of the following acts:
“(a) To recruit, obtain, hire, provide, offer, transport, transfer, maintain,
harbor, or receive a person by any means, including those done under
the pretext of domestic or overseas employment or training or
apprenticeship, for the purpose of prostitution, pornography, or sexual
exploitation;
“(b) To introduce or match for money, profit, or material, economic or
other consideration, any person or, as provided for under Republic Act
No. 6955, any Filipino woman to a foreign national, for marriage for the
purpose of acquiring, buying, offering, selling or trading him/her to
engage in prostitution, pornography, sexual exploitation, forced labor,
slavery, involuntary servitude or debt bondage;
“(c) To offer or contract marriage, real or simulated, for the purpose of
acquiring, buying, offering, selling, or trading them to engage in
prostitution, pornography, sexual exploitation, forced labor or slavery,
involuntary servitude or debt bondage;
“(d) To undertake or organize tours and travel plans consisting of tourism
packages or activities for the purpose of utilizing and offering persons for
prostitution, pornography or sexual exploitation;
“(e) To maintain or hire a person to engage in prostitution or pornography;
“(f) To adopt persons by any form of consideration for exploitative
purposes or to facilitate the same for purposes of prostitution,
pornography, sexual exploitation, forced labor, slavery, involuntary
servitude or debt bondage;
“(g) To adopt or facilitate the adoption of persons for the purpose of
prostitution, pornography, sexual exploitation, forced labor, slavery,
involuntary servitude or debt bondage;
“(h) To recruit, hire, adopt, transport, transfer, obtain, harbor, maintain,
provide, offer, receive or abduct a person, by means of threat or use of
force, fraud, deceit, violence, coercion, or intimidation for the purpose of
removal or sale of organs of said person;
“(i) To recruit, transport, obtain, transfer, harbor, maintain, offer, hire,
provide, receive or adopt a child to engage in armed activities in the
Philippines or abroad;
“(j) To recruit, transport, transfer, harbor, obtain, maintain, offer, hire,
provide or receive a person by means defined in Section 3 of this Act for
purposes of forced labor, slavery, debt bondage and involuntary
servitude, including a scheme, plan, or pattern intended to cause the
person either:
“(1) To believe that if the person did not perform such labor or services,
he or she or another person would suffer serious harm or physical
restraint; or
“(2) To abuse or threaten the use of law or the legal processes; and
“(k) To recruit, transport, harbor, obtain, transfer, maintain, hire, offer,
provide, adopt or receive a child for purposes of exploitation or trading
them, including but not limited to, the act of baring and/or selling a child
for any consideration or for barter for purposes of exploitation. Trafficking
for purposes of exploitation of children shall include:
“(1) All forms of slavery or practices similar to slavery, involuntary
servitude, debt bondage and forced labor, including recruitment of
children for use in armed conflict;
“(2) The use, procuring or offering of a child for prostitution, for the
production of pornography, or for pornographic performances;
“(3) The use, procuring or offering of a child for the production and
trafficking of drugs; and
“(4) The use, procuring or offering of a child for illegal activities or work
which, by its nature or the circumstances in which it is carried out, is likely
to harm their health, safety or morals; and
“(l) To organize or direct other persons to commit the offenses defined as
acts of trafficking under this Act.”
SEC. 5. A new Section 4-A is hereby inserted in Republic Act No. 9208,
to read as follows:
“SEC. 4-A. Attempted Trafficking in Persons. – Where there are acts to
initiate the commission of a trafficking offense but the offender failed to
or did not execute all the elements of the crime, by accident or by reason
of some cause other than voluntary desistance, such overt acts shall be
deemed as an attempt to commit an act of trafficking in persons. As such,
an attempt to commit any of the offenses enumerated in Section 4 of this
Act shall constitute attempted trafficking in persons.
“In cases where the victim is a child, any of the following acts shall also
be deemed as attempted trafficking in persons:
“(a) Facilitating the travel of a child who travels alone to a foreign country
or territory without valid reason therefor and without the required
clearance or permit from the Department of Social Welfare and
Development, or a written permit or justification from the child’s parent or
legal guardian;
“(b) Executing, for a consideration, an affidavit of consent or a written
consent for adoption;
“(c) Recruiting a woman to bear a child for the purpose of selling the child;
“(d) Simulating a birth for the purpose of selling the child; and
“(e) Soliciting a child and acquiring the custody thereof through any
means from among hospitals, clinics, nurseries, daycare centers, refugee
or evacuation centers, and low-income families, for the purpose of selling
the child.”
SEC. 6. A new Section 4-B is hereby inserted in Republic Act No. 9208,
to read as follows:
“SEC. 4-B. Accomplice Liability. – Whoever knowingly aids, abets,
cooperates in the execution of the offense by previous or simultaneous
acts defined in this Act shall be punished in accordance with the
provisions of Section 10(c) of this Act.”
SEC. 7. A new Section 4-C is hereby inserted in Republic Act No. 9208,
to read as follows:
“SEC. 4-C. Accessories. – Whoever has the knowledge of the
commission of the crime, and without having participated therein, either
as principal or as accomplices, take part in its commission in any of the
following manners:
“(a) By profiting themselves or assisting the offender to profit by the
effects of the crime;
“(b) By concealing or destroying the body of the crime or effects or
instruments thereof, in order to prevent its discovery;
“(c) By harboring, concealing or assisting in the escape of the principal of
the crime, provided the accessory acts with abuse of his or her public
functions or is known to be habitually guilty of some other crime.
“Acts defined in this provision shall be punished in accordance with the
provision of Section 10(d) as stated thereto.”
SEC. 8. Section 5 of Republic Act No. 9208 is hereby amended to read
as follows:
“SEC. 5. Acts that Promote Trafficking in Persons. – The following acts
which promote or facilitate trafficking in persons, shall be unlawful:
“(a) xxx
“(b) To produce, print and issue or distribute unissued, tampered or fake
counseling certificates, registration stickers, overseas employment
certificates or other certificates of any government agency which issues
these certificates, decals and such other markers as proof of compliance
with government regulatory and pre-departure requirements for the
purpose of promoting trafficking in persons;
“(c) xxx
“(d) xxx
“(e) xxx
“(f) xxx
“(g) xxx
“(h) To tamper with, destroy, or cause the destruction of evidence, or to
influence or attempt to influence witnesses, in an investigation or
prosecution of a case under this Act;
“(i) To destroy, conceal, remove, confiscate or possess, or attempt to
destroy, conceal, remove, confiscate or possess, any actual or purported
passport or other travel, immigration or working permit or document, or
any other actual or purported government identification, of any person in
order to prevent or restrict, or attempt to prevent or restrict, without lawful
authority, the person’s liberty to move or travel in order to maintain the
labor or services of that person; or
“(j) To utilize his or her office to impede the investigation, prosecution or
execution of lawful orders in a case under this Act.”
SEC. 9. Section 6 of Republic Act No. 9208 is hereby amended to read
as follows:
“SEC. 6. Qualified Trafficking in Persons. – Violations of Section 4 of this
Act shall be considered as qualified trafficking:
“x x x
“(d) When the offender is a spouse, an ascendant, parent, sibling,
guardian or a person who exercises authority over the trafficked person
or when the offense is committed by a public officer or employee;
“x x x
“(f) When the offender is a member of the military or law enforcement
agencies;
“(g) When by reason or on occasion of the act of trafficking in persons,
the offended party dies, becomes insane, suffers mutilation or is afflicted
with Human Immunodeficiency Virus (HIV) or the Acquired Immune
Deficiency Syndrome (AIDS);
“(h) When the offender commits one or more violations of Section 4 over
a period of sixty (60) or more days, whether those days are continuous
or not; and
“(i) When the offender directs or through another manages the trafficking
victim in carrying out the exploitative purpose of trafficking.”
SEC. 10. Section 7 of Republic Act No. 9208 is hereby amended to read
as follows:
“SEC. 7. Confidentiality. – At any stage of the investigation, rescue,
prosecution and trial of an offense under this Act, law enforcement
officers, prosecutors, judges, court personnel, social workers and
medical practitioners, as well as parties to the case, shall protect the right
to privacy of the trafficked person. Towards this end, law enforcement
officers, prosecutors and judges to whom the complaint has been
referred may, whenever necessary to ensure a fair and impartial
proceeding, and after considering all circumstances for the best interest
of the parties, order a closed-door investigation, prosecution or trial. The
name and personal circumstances of the trafficked person or any other
information tending to establish the identity of the trafficked person and
his or her family shall not be disclosed to the public.
“It shall be unlawful for any editor, publisher, and reporter or columnist in
case of printed materials, announcer or producer in case of television and
radio, producer and director of a film in case of the movie industry, or any
person utilizing tri-media facilities or electronic information technology to
cause publicity of the name, personal circumstances, or any information
tending to establish the identity of the trafficked person except when the
trafficked person in a written statement duly notarized knowingly,
voluntarily and willingly waives said confidentiality.
“Law enforcement officers, prosecutors, judges, court personnel, social
workers and medical practitioners shall be trained on the importance of
maintaining confidentiality as a means to protect the right to privacy of
victims and to encourage victims to file complaints.”
SEC. 11. Section 8 of Republic Act No. 9208 is hereby amended to read
as follows:
“SEC. 8. Initiation and Prosecution of Cases. –
“(a) Initiation of Investigation. – Law enforcement agencies are mandated
to immediately initiate investigation and counter-trafficking-intelligence
gathering upon receipt of statements or affidavit from victims of
trafficking, migrant workers, or their families who are in possession of
knowledge or information about trafficking in persons cases.
“(b) Prosecution of Cases. – Any person who has personal knowledge of
the commission of any offense under this Act, such as the trafficked
person, the parents, spouse, siblings, children or legal guardian may file
a complaint for trafficking.
“(c) Affidavit of Desistance. – Cases involving trafficking in persons
should not be dismissed based on the affidavit of desistance executed by
the victims or their parents or legal guardians. Public and private
prosecutors are directed to oppose and manifest objections to motions
for dismissal.
“Any act involving the means provided in this Act or any attempt thereof
for the purpose of securing an Affidavit of Desistance from the
complainant shall be punishable under this Act.”
SEC. 12. Section 10 of Republic Act No. 9208 is hereby amended to read
as follows:
“SEC. 10. Penalties and Sanctions. – The following penalties and
sanctions are hereby established for the offenses enumerated in this Act:
“(a) Any person found guilty of committing any of the acts enumerated in
Section 4 shall suffer the penalty of imprisonment of twenty (20) years
and a fine of not less than One million pesos (P1,000,000.00) but not
more than Two million pesos (P2,000,000.00);
“(b) Any person found guilty of committing any of the acts enumerated in
Section 4-A of this Act shall suffer the penalty of imprisonment of fifteen
(15) years and a fine of not less than Five hundred thousand pesos
(P500,000.00) but not more than One million pesos (P1,000,000.00);
“(c) Any person found guilty of Section 4-B of this Act shall suffer the
penalty of imprisonment of fifteen (15) years and a fine of not less than
Five hundred thousand pesos (P500,000.00) but not more than One
million pesos (P1,000,000.00);
“In every case, conviction shall cause and carry the automatic revocation
of the license or registration of the recruitment agency involved in
trafficking. The license of a recruitment agency which trafficked a child
shall be automatically revoked.
“(d) Any person found, guilty of committing any of the acts enumerated in
Section 5 shall suffer the penalty of imprisonment of fifteen (15) years
and a fine of not less than Five hundred thousand pesos (P500,000.00)
but not more than One million pesos (P1,000,000.00);
“(e) Any person found guilty of qualified trafficking under Section 6 shall
suffer the penalty of life imprisonment and a fine of not less than Two
million pesos (P2,000,000.00) but not more than Five million pesos
(P5,000,000.00);
“(f) Any person who violates Section 7 hereof shall suffer the penalty of
imprisonment of six (6) years and a fine of not less than Five hundred
thousand pesos (P500,000.00) but not more than One million pesos
(P1,000,000.00);
“(g) If the offender is a corporation, partnership, association, club,
establishment or any juridical person, the penalty shall be imposed upon
the owner, president, partner, manager, and/or any responsible officer
who participated in the commission of the crime or who shall have
knowingly permitted or failed to prevent its commission;
“(h) The registration with the Securities and Exchange Commission
(SEC) and license to operate of the erring agency, corporation,
association, religious group, tour or travel agent, club or establishment,
or any place of entertainment shall be cancelled and revoked
permanently. The owner, president, partner or manager thereof shall not
be allowed to operate similar establishments in a different name;
“(i) If the offender is a foreigner, he or she shall be immediately deported
after serving his or her sentence and be barred permanently from
entering the country;
“(j) Any employee or official of government agencies who shall issue or
approve the issuance of travel exit clearances, passports, registration
certificates, counseling certificates, marriage license, and other similar
documents to persons, whether juridical or natural, recruitment agencies,
establishments or other individuals or groups, who fail to observe the
prescribed procedures and the requirement as provided for by laws, rules
and regulations, shall be held administratively liable, without prejudice to
criminal liability under this Act. The concerned government official or
employee shall, upon conviction, be dismissed from the service and be
barred permanently to hold public office. His or her retirement and other
benefits shall likewise be forfeited; and
“(k) Conviction, by final judgment of the adopter for any offense under
this Act shall result in the immediate rescission of the decree of adoption.”
SEC. 13. Section 11 of Republic Act No. 9208 is hereby amended to read
as follows:
“SEC. 11. Use of Trafficked Persons. – Any person who buys or engages
the services of a trafficked person for prostitution shall be penalized with
the following: Provided, That the Probation Law (Presidential Decree No.
968) shall not apply:
“(a) Prision Correccional in its maximum period to prision mayor or six (6)
years to twelve (12) years imprisonment and a fine of not less than Fifty
thousand pesos (P50,000.00) but not more than One hundred thousand
pesos (P100,000.00): Provided, however, That the following acts shall be
exempted thereto:
“(1) If an offense under paragraph (a) involves sexual intercourse or
lascivious conduct with a child, the penalty shall be reclusion temporal in
its medium period to reclusion perpetua or seventeen (17) years to forty
(40) years imprisonment and a fine of not less than Five hundred
thousand pesos (P500,000.00) but not more than One million pesos
(P1,000,000.00);
“(2) If an offense under paragraph (a) involves carnal knowledge of, or
sexual intercourse with, a male or female trafficking victim and also
involves the use of force or intimidation, to a victim deprived of reason or
to an unconscious victim, or a victim under twelve (12) years of age,
instead of the penalty prescribed in the subparagraph above the penalty
shall be a fine of not less than One million pesos (P1,000,000.00) but not
more than Five million pesos (P5,000,000.00) and imprisonment
of reclusion perpetua or forty (40) years imprisonment with no possibility
of parole; except that if a person violating paragraph (a) of this section
knows the person that provided prostitution services is in fact a victim of
trafficking, the offender shall not be likewise penalized under this section
but under Section 10 as a person violating Section 4; and if in committing
such an offense, the offender also knows a qualifying circumstance for
trafficking, the offender shall be penalized under Section 10 for qualified
trafficking. If in violating this section the offender also violates Section 4,
the offender shall be penalized under Section 10 and, if applicable, for
qualified trafficking instead of under this section;
“(b) Deportation. – If a foreigner commits any offense described by
paragraph (1) or (2) of this section or violates any pertinent provision of
this Act as an accomplice or accessory to, or by attempting any such
offense, he or she shall be immediately deported after serving his or her
sentence and be barred permanently from entering the country; and
“(c) Public Official. – If the offender is a public official, he or she shall be
dismissed from service and shall suffer perpetual absolute
disqualification to hold public, office, in addition to any imprisonment or
fine received pursuant to any other provision of this Act.”
SEC. 14. Section 12 of Republic Act No. 9208 is hereby amended to read
as follows:
“SEC. 12. Prescriptive Period. – Trafficking cases under this Act shall
prescribe in ten (10) years: Provided, however, That trafficking cases
committed by a syndicate or in a large scale as defined under Section 6,
or against a child, shall prescribe in twenty (20) years.
“The prescriptive period shall commence to run from the day on which
the trafficked person is delivered or released from the conditions of
bondage, or in the case of a child victim, from the day the child reaches
the age of majority, and shall be interrupted by the filing of the complaint
or information and shall commence to run again when the proceedings
terminate without the accused being convicted or acquitted or are
unjustifiably stopped for any reason not imputable to the accused.”
SEC. 15. Section 16 of Republic Act No. 9208 is hereby amended to read
as follows:
“SEC. 16. Programs that Address Trafficking in Persons. – The
government shall establish and implement preventive, protective and
rehabilitative programs for trafficked persons. For this purpose, the
following agencies are hereby mandated to implement the following
programs:
“(a) Department of Foreign Affairs (DFA) – shall make available its
resources and facilities overseas for trafficked persons regardless of their
manner of entry to the receiving country, and explore means to further
enhance its assistance in eliminating trafficking activities through closer
networking with government agencies in the country and overseas,
particularly in the formulation of policies and implementation of relevant
programs. It shall provide Filipino victims of trafficking overseas with free
legal assistance and counsel to pursue legal action against his or her
traffickers, represent his or her interests in any criminal investigation or
prosecution, and assist in the application for social benefits and/or regular
immigration status as may be allowed or provided for by the host country.
The DFA shall repatriate trafficked Filipinos with the consent of the
victims.
“The DFA shall take necessary measures for the efficient implementation
of the Electronic Passporting System to protect the integrity of Philippine
passports, visas and other travel documents to reduce the incidence of
trafficking through the use of fraudulent identification documents.
“In coordination with the Department of Labor and Employment, it shall
provide free temporary shelters and other services to Filipino victims of
trafficking overseas through the migrant workers and other overseas
Filipinos resource centers established overseas under Republic Act No.
8042, as amended.
“(b) Department of Social Welfare and Development (DSWD) – shall
implement rehabilitative and protective programs for trafficked persons.
It shall provide counseling and temporary shelter to trafficked persons
and develop a system for accreditation among NGOs for purposes of
establishing centers and programs for intervention in various levels of the
community. It shall establish free temporary shelters, for the protection
and housing of trafficked persons to provide the following basic services
to trafficked persons:
“(1) Temporary housing and food facilities;
“(2) Psychological support and counseling;
“(3) 24-hour call center for crisis calls and technology-based counseling
and referral system;
“(4) Coordination with local law enforcement entities; and
“(5) Coordination with the Department of Justice, among others.
“The DSWD must conduct information campaigns in communities and
schools teaching parents and families that receiving consideration in
exchange for adoption is punishable under the law. Furthermore,
information campaigns must be conducted with the police that they must
not induce poor women to give their children up for adoption in exchange
for consideration.
“(c) Department of Labor and Employment (DOLE) – shall ensure the
strict implementation and compliance with the rules and guidelines
relative to the employment of persons locally and overseas. It shall
likewise monitor, document and report cases of trafficking in persons
involving employers and labor recruiters.
“(d) Department of Justice (DOJ) – shall ensure the prosecution of
persons accused of trafficking and designate and train special
prosecutors who shall handle and prosecute cases of trafficking. It shall
also establish a mechanism for free legal assistance for trafficked
persons, in coordination with the DSWD, Integrated Bar of the Philippines
(IBP) and other NGOs and volunteer groups.
“(e) Philippine Commission on Women (PCW) – shall actively participate
and coordinate in the formulation and monitoring of policies addressing
the issue of trafficking in persons in coordination with relevant
government agencies. It shall likewise advocate for the inclusion of the
issue of trafficking in persons in both its local and international advocacy
for women’s issues.
“(f) Bureau of Immigration (BI) – shall strictly administer and enforce
immigration and alien administration laws. It shall adopt measures for the
apprehension of suspected traffickers both at the place of arrival and
departure and shall ensure compliance by the Filipino fiancés/fiancées
and spouses of foreign nationals with the guidance and counseling
requirement as provided for in this Act.
“(g) Philippine National Police (PNP) and National Bureau of Investigation
(NBI) – shall be the primary law enforcement agencies to undertake
surveillance, investigation and arrest of individuals or persons suspected
to be engaged in trafficking. They shall closely coordinate with each other
and with other law enforcement agencies to secure concerted efforts for
effective investigation and apprehension of suspected traffickers. They
shall also establish a system to receive complaints and calls to assist
trafficked persons and conduct rescue operations.
“(h) Philippine Overseas Employment Administration (POEA) and
Overseas Workers and Welfare Administration (OWWA) – POEA shall
implement Pre-Employment Orientation Seminars (PEOS) while Pre-
Departure Orientation Seminars (PDOS) shall be conducted by the
OWWA. It shall likewise formulate a system of providing free legal
assistance to trafficked persons, in coordination with the DFA.
“The POEA shall create a blacklist of recruitment agencies, illegal
recruiters and persons facing administrative, civil and criminal complaints
for trafficking filed in the receiving country and/or in the Philippines and
those agencies, illegal recruiters and persons involved in cases of
trafficking who have been rescued by the DFA and DOLE in the receiving
country or in the Philippines even if no formal administrative, civil or
criminal complaints have been filed: Provided, That the rescued victims
shall execute an affidavit attesting to the acts violative of the anti-
trafficking law. This blacklist shall be posted in conspicuous places in
concerned government agencies and shall be updated bi-monthly.
“The blacklist shall likewise be posted by the POEA in the shared
government information system, which is mandated to be established
under Republic Act No. 8042, as amended.
“The POEA and OWWA shall accredit NGOs and other service providers
to conduct PEOS and PDOS, respectively. The PEOS and PDOS should
include the discussion and distribution of the blacklist.
“The license or registration of a recruitment agency that has been
blacklisted may be suspended by the POEA upon a review of the
complaints filed against said agency.
“(i) Department of the Interior and Local Government (DILG) – shall
institute a systematic information and prevention campaign in
coordination with pertinent agencies of government as provided for in this
Act. It shall provide training programs to local government units, in
coordination with the Council, in ensuring wide understanding and
application of this Act at the local level.
“(j) Commission on Filipinos Overseas – shall conduct pre-departure
counseling services for Filipinos in intermarriages. It shall develop a
system for accreditation of NGOs that may be mobilized for purposes of
conducting pre-departure counseling services for Filipinos in
intermarriages. As such, it shall ensure that the counselors contemplated
under this Act shall have the minimum qualifications and training of
guidance counselors as provided for by law.
“It shall likewise assist in the conduct of information campaigns against
trafficking in coordination with local government units, the Philippine
Information Agency, and NGOs.
“(k) Local government units (LGUs) – shall monitor and document cases
of trafficking in persons in their areas of jurisdiction, effect the
cancellation of licenses of establishments which violate the provisions of
this Act and ensure effective prosecution of such cases. They shall also
undertake an information campaign against trafficking in persons through
the establishment of the Migrants Advisory and Information Network
(MAIN) desks in municipalities or provinces in coordination with the DILG,
Philippine Information Agency (PIA), Commission on Filipinos Overseas
(CFO), NGOs and other concerned agencies. They shall encourage and
support community-based initiatives which address the trafficking in
persons.
“In implementing this Act, the agencies concerned may seek and enlist
the assistance of NGOs, people’s organizations (POs), civic
organizations and other volunteer groups.”
SEC. 16. A new Section 16-A is hereby inserted into Republic Act No.
9208, to read as follows:
“SEC. 16-A. Anti-Trafficking in Persons Database. – An anti-trafficking in
persons central database shall be established by the Inter-Agency
Council Against Trafficking created under Section 20 of this Act. The
Council shall submit a report to the President of the Philippines and to
Congress, on or before January 15 of every year, with respect to the
preceding year’s programs and data on trafficking-related cases.
“All government agencies tasked under the law to undertake programs
and render assistance to address trafficking in persons shall develop their
respective monitoring and data collection systems, and databases, for
purposes of ensuring efficient collection and storage of data on cases of
trafficking in persons handled by their respective offices. Such data shall
be submitted to the Council for integration in a central database system.
“For this purpose, the Council is hereby tasked to ensure the
harmonization and standardization of databases, including minimum data
requirements, definitions, reporting formats, data collection systems, and
data verification systems. Such databases shall have, at the minimum,
the following information:
“(a) The number of cases of trafficking in persons, sorted according to
status of cases, including the number of cases being investigated,
submitted for prosecution, dropped, and filed and/or pending before the
courts and the number of convictions and acquittals;
“(b) The profile/information on each case;
“(c) The number of victims of trafficking in persons referred to the agency
by destination countries/areas and by area of origin; and
“(d) Disaggregated data on trafficking victims and the
accused/defendants.”
SEC. 17. Section 17 of Republic Act No. 9208 is hereby amended to read
as follows:
“SEC. 17. Legal Protection to Trafficked Persons. – Trafficked persons
shall be recognized as victims of the act or acts of trafficking and as such,
shall not be penalized for unlawful acts committed as a direct result of, or
as an incident or in relation to, being trafficked based on the acts of
trafficking enumerated in this Act or in obedience to the order made by
the trafficker in relation thereto. In this regard, the consent of a trafficked
person to the intended exploitation set forth in this Act shall be irrelevant.
“Victims of trafficking for purposes of prostitution as defined under
Section 4 of this Act are not covered by Article 202 of the Revised Penal
Code and as such, shall not be prosecuted, fined, or otherwise penalized
under the said law.”
SEC. 18. A new Section 17-A is hereby inserted into Republic Act No.
9208, to read as follows:
“SEC. 17-A. Temporary Custody of Trafficked Victims. – The rescue of
victims should be done as much as possible with the assistance of the
DSWD or an accredited NGO that services trafficked victims. A law
enforcement officer, on a reasonable suspicion that a person is a victim
of any offense defined under this Act including attempted trafficking, shall
immediately place that person in the temporary custody of the local social
welfare and development office, or any accredited or licensed shelter
institution devoted to protecting trafficked persons after the rescue.”
SEC. 19. A new Section 17-B is hereby inserted into Republic Act No.
9208, to read as follows:
“SEC. 17-B. Irrelevance of Past Sexual Behavior, Opinion Thereof or
Reputation of Victims and of Consent of Victims in Cases of Deception,
Coercion and Other Prohibited Means. – The past sexual behavior or the
sexual predisposition of a trafficked person shall be considered
inadmissible in evidence for the purpose of proving consent of the victim
to engage in sexual behavior, or to prove the predisposition, sexual or
otherwise, of a trafficked person. Furthermore, the consent of a victim of
trafficking to the intended exploitation shall be irrelevant where any of the
means set forth in Section 3(a) of this Act has been used.”
SEC. 20. A new Section 17-C is hereby inserted into Republic Act No.
9208, to read as follows:
“SEC. 17-C. Immunity from Suit, Prohibited Acts and Injunctive
Remedies. – No action or suit shall be brought, instituted or maintained
in any court or tribunal or before any other authority against any: (a) law
enforcement officer; (b) social worker; or (c) person acting in compliance
with a lawful order from any of the above, for lawful acts done or
statements made during an authorized rescue operation, recovery or
rehabilitation/intervention, or an investigation or prosecution of an anti-
trafficking case: Provided, That such acts shall have been made in good
faith.
“The prosecution of retaliatory suits against victims of trafficking shall be
held in abeyance pending final resolution and decision of criminal
complaint for trafficking.
“It shall be prohibited for the DFA, the DOLE, and the POEA officials, law
enforcement officers, prosecutors and judges to urge complainants to
abandon their criminal, civil and administrative complaints for trafficking.
“The remedies of injunction and attachment of properties of the
traffickers, illegal recruiters and persons involved in trafficking may be
issued motu proprio by judges.”
SEC. 21. Section 20 of Republic Act No. 9208 is hereby amended to read
as follows:
“SEC. 20. Inter-Agency Council Against Trafficking. – There is hereby
established an Inter-Agency Council Against Trafficking, to be composed
of the Secretary of the Department of Justice as Chairperson and the
Secretary of the Department of Social Welfare and Development as Co-
Chairperson and shall have the following as members:
“(a) Secretary, Department of Foreign Affairs;
“(b) Secretary, Department of Labor and Employment;
“(c) Secretary, Department of the Interior and Local Government;
“(d) Administrator, Philippine Overseas Employment Administration;
“(e) Commissioner, Bureau of Immigration;
“(f) Chief, Philippine National Police;
“(g) Chairperson, Philippine Commission on Women;
“(h) Chairperson, Commission on Filipinos Overseas;
“(i) Executive Director, Philippine Center for Transnational Crimes; and
“(j) Three (3) representatives from NGOs, who shall include one (1)
representative each from among the sectors representing women,
overseas Filipinos, and children, with a proven record of involvement in
the prevention and suppression of trafficking in persons. These
representatives shall be nominated by the government agency
representatives of the Council, for appointment by the President for a
term of three (3) years.
“The members of the Council may designate their permanent
representatives who shall have a rank not lower than an assistant
secretary or its equivalent to meetings, and shall receive emoluments as
may be determined by the Council in accordance with existing budget
and accounting rules and regulations.”
SEC. 22. Section 22 of Republic Act No. 9208 is hereby amended to read
as follows:
“SEC. 22. Secretariat to the Council. – The Department of Justice shall
establish the necessary Secretariat for the Council.
“The secretariat shall provide support for the functions and projects of the
Council. The secretariat shall be headed by an executive director, who
shall be appointed by the Secretary of the DOJ upon the recommendation
of the Council. The executive director must have adequate knowledge
on, training and experience in the phenomenon of and issues involved in
trafficking in persons and in the field of law, law enforcement, social work,
criminology, or psychology.
“The executive director shall be under the supervision of the Inter-Agency
Council Against Trafficking through its Chairperson and Co-Chairperson,
and shall perform the following functions:
“(a) Act as secretary of the Council and administrative officer of its
secretariat;
“(b) Advise and assist the Chairperson in formulating and implementing
the objectives, policies, plans and programs of the Council, including
those involving mobilization of government offices represented in the
Council as well as other relevant government offices, task forces, and
mechanisms;
“(c) Serve as principal assistant to the Chairperson in the overall
supervision of council administrative business;
“(d) Oversee all council operational activities;
“(e) Ensure an effective and efficient performance of council functions
and prompt implementation of council objectives, policies, plans and
programs;
“(f) Propose effective allocations of resources for implementing council
objectives, policies, plans and programs;
“(g) Submit periodic reports to the Council on the progress of council
objectives, policies, plans and programs;
“(h) Prepare annual reports of all council activities; and
“(i) Perform other duties as the Council may assign.”
SEC. 23. A new Section 26-A is hereby inserted into Republic Act No.
9208, to read as follows:
“SEC. 26-A. Extra-Territorial Jurisdiction. – The State shall exercise
jurisdiction over any act defined and penalized under this Act, even if
committed outside the Philippines and whether or not such act or acts
constitute an offense at the place of commission, the crime being a
continuing offense, having been commenced in the Philippines and other
elements having been committed in another country, if the suspect or
accused:
“(a) Is a Filipino citizen; or
“(b) Is a permanent resident of the Philippines; or
“(c) Has committed the act against a citizen of the Philippines.
“No prosecution may be commenced against a person under this section
if a foreign government, in accordance with jurisdiction recognized by the
Philippines, has prosecuted or is prosecuting such person for the conduct
constituting such offense, except upon the approval of the Secretary of
Justice.
“The government may surrender or extradite persons accused of
trafficking in the Philippines to the appropriate international court if any,
or to another State pursuant to the applicable extradition laws and
treaties.”
SEC. 24. Section 28 of Republic Act No. 9208 is hereby amended, to
read as follows:
“SEC. 28. Funding. – The amount necessary to implement the provisions
of this Act shall be charged against the current year’s appropriations of
the Inter-Agency Council Against Trafficking under the budget of the DOJ
and the appropriations of the other concerned departments. Thereafter,
such sums as may be necessary for the continued implementation of this
Act shall be included in the annual General Appropriations Act.”
SEC. 25. A new Section 28-A is hereby inserted into Republic Act No.
9208, to read as follows:
“SEC. 28-A. Additional Funds for the Council. – The amount collected
from every penalty, fine or asset derived from any violation of this Act
shall be earmarked as additional funds for the use of the Council. The
fund may be augmented by grants, donations and endowment from
various sources, domestic or foreign, for purposes related to their
functions, subject to the existing accepted rules and regulations of the
Commission on Audit.”
SEC. 26. Section 32 of Republic Act No. 9208 of the Repealing Clause
is hereby amended to read as follows:
“SEC. 32. Repealing Clause. – Article 202 of the Revised Penal Code,
as amended, and all laws, acts, presidential decrees, executive orders,
administrative orders, rules and regulations inconsistent with or contrary
to the provisions of this Act are deemed amended, modified or repealed
accordingly: Provided, That this Act shall not in any way amend or repeal
the provisions of Republic Act No. 7610, otherwise known as the ‘Special
Protection of Child Against Child Abuse, Exploitation and Discrimination
Act.'”
SEC. 27. Section 33 of Republic Act No. 9208 is hereby amended to read
as follows:
“SEC. 33. Effectivity. – This Act shall take effect fifteen (15) days
following its complete publication in at least two (2) newspapers of
general circulation.”
EXECUTIVE ORDER NO. 106
February 26, 2020
PROHIBITING THE MANUFACTURE, DISTRIBUTION, MARKETING
AND SALE OF UNREGISTERED AND/OR ADULTERATED
ELECTRONIC NICOTINE/NON-NICOTiNE DELIVERY SYSTEMS,
HEATED TOBACCO PRODUCTS AND OTHER NOVEL TOBACCO
PRODUCTS, AMENDING EXECUTIVE ORDER NO. 26 (S. 2017) AND
FOR OTHER PURPOSES
WHEREAS, Article II, Sections 15 and 16 of the Constitution mandates
the State to protect and promote the right to health of the people and
instill health consciousness among them, as wel! as protect and
advance the right of the people to a balanced and healthful ecology in
accord with the rhythm and harmony of nature;
WHEREAS, the World Health Organization (WHO) issued a report in
August 2016 on Electronic Nicotine and Non-Nicotine Delivery Systems
(ENDS/ENNDS), which noted that (i) the use of adulterated and even
unadulterated ENDS/ENNDS produces aerosol that ordinarily includes
toxicants which trigger a range of significant pathological changes, and
(ii) ENDS/ENNDS are unlikely to be harmless, such that long-term use
is expected to increase the risk of chronic obstructive pulmonary
disease, lung cancer, possible cardiovascuiar disease, as well as some
other diseases associated with smoking;
WHEREAS, Republic Act (RA) No. 11467 mandates the Food and Drug
Administration (FDA) to periodically determine and regulate, consistent
with evolving medical and scientific studies, the manufacture,
importation, sale, packaging, advertising and distribution of heated
tobacco products (HTPs) and ENDS/ENNDS, including banning the
sale to persons below twenty-one (21) years old;
WHEREAS, RA No. 7394 or the "Consumer Act of the Philippines,"
declares it a policy of the State to ensure safe and good quality of food,
drugs, cosmetics and devices, and regulate their production, sale,
distribution and advertisement, to protect the health of consumers, and
designates the Department of Health (DOH), through the FDA, as
implementing agency therefor;
WHEREAS, RA No. 7394 prohibits the adulteration of any food, drug :
device, or cosmetic and the manufacture, importation, exportation, sale,
offering for sale, distribution or transfer of any food, drug, device or
cosmetic that is adulterated;
WHEREAS, RA No. 9711 or the "FDA Act of 2009," provides that the
State shall adopt, support, establish, institutionalize, improve and
maintain structures, processes, mechanisms and initiatives that are
aimed, directed and designed to protect and promote the people's right
to health;
WHEREAS, RA No. 9711 also prohibits the adulteration of health
products, and the manufacture, importation, exportation, sale, offering
for sale, distribution, transfer, non-consumer use, promotion, advertising
or sponsorship of any health product that is adulterated;
WHEREAS, RA No. 8749 or the "Philippine Clean Air Act of 1999,"
defines air pollutant as any matter found in the atmosphere other than
the inert gases in their natural or normal concentrations, that is
detrimental to health or the environment, which includes but is not
limited to smoke, dust, soot, cinders, fly ash, solid particles of any kind,
gases, fumes, chemical mists, steam and radioactive substances;
WHEREAS, Executive Order (EO) No. 26 (s. 2017) prohibits smoking in
certain public places, provides for the establishment of designated
smoking areas, restricts access to tobacco products especially by
minors, and imposes requirements and limitations on the advertising
and promotion thereof;
WHEREAS, the use of ENDS/ENNDS, HTPs and other novel tobacco
products, as a shift from conventional lighted tobacco products, has
proliferated in the country;
WHEREAS, the DOH has reported that users and bystanders exposed
to emissions from the use of ENDS/ENNDS, HTPs and other novel
tobacco products are at similar risk of respiratory illness, cardiovascular
diseases, addiction, cancer, neurodegeneration, brain development
retardation, anxiety, and sexual and reproductive dysfunctions, among
other health conditions;
WHEREAS, there is a need to regulate access to and use of
ENDS/ENNDS, HTPs and other novel tobacco products, to address the
serious and irreversible threat to public health, prevent the initiation of
non-smokers and the youth, and minimize health risks to both users and
other parties exposed to emissions;
WHEREAS, Article VII, Section 17 of the Constitution vests the
President with the power of control of all the executive departments,
bureaus and offices, and mandates him to ensure that the laws be
faithfully executed;
NOW, THEREFORE, I, RODRIGO ROA DUTERTE, President of the
Philippines, by virtue of the powers vested in me by the Constitution and
existing laws, do hereby order:
Section 1. Prohibition of Unregistered and/or Adulterated
ENDS/ENNDS, HTPs and Other Novel Tobacco Products. The
manufacture, distribution, marketing or sale of unregistered or
adulterated ENDS/ENNDS, components thereof in the form of devices,
e-liquids, solutions or refills whether physically part of or intended to be
used with ENDS/ENNDS, HTPs and other novel tobacco products, are
hereby prohibited and shall be dealt with in accordance with this Order
and existing laws.
Section 2. Regulatory Framework for ENDS/ENNDS, HTPs and Other
Novel Tobacco Products. All e-liquids, solutions or refills forming
components of ENDS/ ENNDS or HTPs shall be registered with the
FDA, in accordance with RA Nos. 9711 and 11467.
All devices forming components of ENDS/ENNDS or HTPs shall be
subject to the product standards imposed by the Department of Trade
and Industry and the FDA, in accordance with RA Nos. 7394 and
11467.
Other novel tobacco products shall be regulated in accordance with RA
No. 9211 and other relevant issuances, and are subject to the
jurisdiction of the Inter-Agency Committee-Tobacco (IAC-T), established
under the said law.
Section 3. License to Operate. All establishments engaged in the
manufacture, distribution, importation, marketing and sale of
ENDS/ENNDS, HTPs, or their components, shall secure a License to
Operate (LTO) from the FDA.
Section 4. Importation. The entry/importation of unregistered or
adulterated ENDS/ENNDS, HTPs, or components thereof is hereby
prohibited. For this purpose, the FDA and DTI are hereby directed to
coordinate with the Bureau of Customs in the formulation of the
guidelines, requirements and procedures for the regulation of the entry/
importation of ENDS/ENNDS, HTPs, and their components into the
Philippine market.
Section 5. Implementing Guidelines. Within thirty (30) days from the
effectivity of this Order, the FDA, in consultation with relevant agencies
and stakeholders, shall formulate and issue the rules, regulations and
standards governing the registration of ENDS/ENNDS, HTPs and their
components, and the issuance of LTOs in relation thereto, required in
this Order.
Section 6. Expansion of the Coverage of EO No. 26. Section 1 of EO
No. 26, is hereby amended as follows:
"Section 1. Definition. For the purpose of this Executive Order, the
following terms shall mean:
(a) "Advertising and promotion" means any form of commercial
communication, recommendation or action with the aim, effect or
likely effect of promoting tobacco products, ENDS/ENNDS,
HTPs, or their components, or the use thereof, either directly or
indirectly.
(b) "Designated Smoking/Vaping Area" (DSVA) refers to an area
of a building or conveyance where smoking and vaping may be
allowed, which may be in an open space or separate area with
proper ventilation subject to the specific standards provided in
this Order.
(e) "Non-Smoking/Vaping Buffer Zone "(Buffer Zone) is a
ventilated area between the door of a DSVA not located in an
open space and the smoke/vape-free area. There shall be no
opening that will allow air to escape from such Non-
Smoking/Vaping Buffer Zone to the smoke/vape-free area,
except for a single door equipped with an automatic door closer.
Such door is distinct from the door of the DSVA , which shall be
at least two (2) meters away from the other
(h) "Point-of-sale" refers to any location at which an individual
can purchase or otherwise obtain tobacco products,
ENDS/ENNDS, HTPs, or their components.
(k) "Smoke/vape-free" refers to air that is 100% free from
smoke, vapor or aerosol from tobacco products, ENDS/ENNDS
or HTPs. This definition includes, but is not limited to, air in
which such smoke, vapor or aerosol cannot be seen, smelled,
sensed or measured.
(I) "Smoking/vaping" means being in possession or control of a
tobacco product or a powered ENDS/ENNDS or HTP,
regardless of whether the emission in the form of smoke, vapor
or aerosol is being actively inhaled or exhaled.
(m) Tobacco products" means products entirely or partly made
of tobacco leaf as raw material which are manufactured to be
used for smoking, sucking, chewing or snuffing, such as but not
limited to cigarette, cigar, pipe, shisha/hookah and chew
tobacco. The term shall exclude ENDS/ENNDS and HTPs and
include other novel tobacco products.
 (o) "Electronic Nicotine/Non-Nicotine Delivery Systems" (ENDS/
ENNDS), otherwise known as electronic cigarettes or vapes, are
e-liquids, solutions or refills, whether or not containing nicotine,
and an electronic delivery device, or any combination thereof,
that produce an aerosol, mist or vapor that users inhale by
mimicking the act of smoking. ENDS/ENNDS deliver nicotine
and/or other chemicals to the lungs after one end of a plastic or
metal cylinder is placed in the mouth, like a cigarette or cigar,
and inhaled to draw a mixture of air and vapors from the device
into the respiratory system. They contain electronic vaporization
systems, rechargeable batteries and chargers, electronic
controls and replaceable cartridges containing nicotine and/or
other chemicals. For the avoidance of doubt, the term
ENDS/ENNDS is coextensive with the term "vapor products" as
defined in RA No. 11467.
(p) "Heated Tobacco Product" (HTP) refers to a product that
may be consumed through heating tobacco, either electrically or
through other means, sufficient to release an aerosol that can be
inhaled, without burning or combustion of the tobacco. HTPs
include liquid solutions and gels that are part of the product and
are heated to generate an aerosol.
(q) "Novel tobacco products" refers to all substances, devices
and innovations entirely or partly made of tobacco leaf as raw
material, already existing or to be developed in the future,
intended to be used as substitutes for cigarettes, conventional
tobacco products, ENDS/ENNDS or HTPs.
Section 7. Expansion of Prohibited Acts under EO No. 26. Section 3 of
EO No. 26 is also amended as follows:
"Section 3. Prohibited Acts. The following acts are declared unlawful
and prohibited:
(a) Smoking/vaping within enclosed public places and public
conveyances, whether stationary or in motion, except in DSVAs
fully compliant with the requirements of Section 4 of this Order;
(b) For persons-in-charge to allow, abet or tolerate
smoking/vaping in places enumerated in the preceding
paragraph, outside of DSVAs fully compliant with Section 4 of
this Order;
(c) For any person to sell, distribute or purchase tobacco
products to or from minors, or ENDS/ENNDS, HTPs, or their
components to or from persons below twenty-one (21) years old.
It shall not be a defense for the person selling, distributing or
purchasing that he/she did not know or was not aware of the real
age of the person he/she is transacting with. Neither shall it be a
defense that he/she did not know nor had any reason to believe
that the cigarette or any other tobacco product, ENDS/ENNDS,
HTPs, or their components, was for the consumption of the
person who received it;
(d) Use, sale or purchase of cigarettes or other tobacco products
by a minor, or of ENDS/ENNDS, HTPs, or their components by
a person below twenty-one (21) years old;
(e) Ordering, instructing or compelling the use, lighting up,
purchase, sale, distribution, delivery, advertisement or promotion
of tobacco products by a minor, or of ENDS/ENNDS, HTPs, or
their components by a person below twenty-one (21) years old;
(f) Selling or distributing tobacco products, ENDS/ENNDS,
HTPs, or their components in a school, public playground, youth
hostels, recreational facilities for minors, areas frequented by
minors, or within 100 meters from any point of the perimeter of
these places;
(g) Placing, posting, displaying or distributing advertisement and
promotional materials of tobacco products, ENDS/ENNDS,
HTPs, or their components, such as but not limited to leaflets,
posters, display structures and other materials in areas where
their sale and distribution is prohibited;
(h) Placing any form of advertisement of tobacco products,
ENDS/ ENNDS, HTPs, or their components outside the
premises of point-of-sale retail establishments;
(i) Placing any stall, booth, and other displays promoting tobacco
products, ENDS/ENNDS, HTPs, or their components, in areas
 outside the premises of point-of-sale locations or adult-only
facilities:
(j) Failure to mark containers and packages of ENDS/ENNDS,
HTPs, and the components thereof, with appropriate health
warnings, pursuant to the content, format and specifications
designated by the FDA, based on the actual ingredients or
components of the product;
(k) Incorporating e-liquids, solutions and refills with flavors and
additives that are proven or suspected to be appealing or
enticing to persons below twenty-one (21) years of age, toxic,
harmful, addictive or sensitizing; and
(l) Adding Tetrahydrocannabinol (THC) or cannabinoid
compounds in liquids used in ENDS/ENNDS and HTPs.
Violation of this provision shall be punishable in accordance with
the applicable penalties provided under RA No. 9165 or the
"Comprehensive Dangerous Drugs Act of 2002."
Section 8. Amending the Standards for Designated Smoking Areas.
Section 4 of E.O. No. 26 is likewise amended as foilows:
"Section 4. Standards for DSVAs. All DSVAs shall strictly comply with
the following standards:
(1) There shall be no opening that will allow air to escape from
the DSVA to the smoke/vape-free area of the building or
conveyance, except for a single door equipped with an
automatic door closer; provided that, if the DSVA is not located
in an open space, such door shall open directly towards a Buffer
Zone as defined in this Order;
(2) The DSVA shall not be located in or within ten (10) meters
from entrances, exits, or any place where people pass or
congregate, or in front of air intake ducts;
(3) The combined area of the DSVA and the Buffer Zone shall
not be larger than 20% of the total floor area of the building or
conveyance, provided that in no case shall such area be less
than ten (10) square meters;
(4) No building or conveyance shall have more than one DSVA;
provided that persons-in-charge have the option of establishing
one Designated Smoking Area and one Designated Vaping Area
therein, subject to the same standards under this Section, with a
combined area not exceeding 20% of the total floor area of the
building or conveyance;
(5) The ventilation system for the DSVA other than in an open
space and for the Buffer Zone shall be independent of ait
ventilation systems servicing the rest of the building or
conveyance;
(6) Minors shall not be allowed inside the DSVA and the Buffer
Zone;
(7) The DSVA shall have the following signages highly visible
and prominentiy displayed:
(7.1) "Smoking/Vaping Area signage;
(7.2) Graphic health warnings on the effects of using
tobacco products, ENDS/ENNDS and HTPs; and
(7.3) Prohibition on the entry of persons beiow eighteen
(18) years old.
(8) Other standards and specifications to better ensure a
smoke/vape- free environment as may be prescribed by the IAC-
T under RA No. 9211 and the FDA, provided that such
standards and specifications are consistent with this Order and
that persons-in-charge are given (60) days to comply.
However, there shall be no DSVAs in the following public places:
Nothing in this Order shall compel persons-in-charge to establish
DSVAs nor prevent them from instituting more stringent measures in
their buildings and establishments to better ensure a smoke/vape-free
environment in their premises."
Section 9. Expanding the Duties of Persons-in-Charge. Section 5 of EO
No. 26, is also amended as follows:
"Section 5. Duties and Obligations of Persons-in-Charge. Persons-in-
charge shall:
(a) Prominently post and display the "No Smoking/Vaping"
signage, in locations most visible to the public in the areas
where smoking/ vaping is prohibited. At the very least, the "No
Smoking/Vaping" signage must be posted at the entrance to the
area, which shall be at least 8x11 inches in size, where the
symbol shall occupy 60% of the signage, while the remaining
40% of the signage shall show the pertinent
information/precautionary statement, as follows:
For example:
STRICTLY NO SMOKING/VAPING
Per EO No. 26 (s. 2017), as amended
Violators can be fined up to ________
Report violations to [hotline number]
As for the DSVA, after complying with the specifications in
Section 4, prominently display the following elements in the
signage:
"DESIGNATED SMOKING/VAPING AREA" or
"SMOKING/VAPING AREA"
[Place graphic/picture-based health warning on the effects of
tobacco,
ENDS/ENNDS or HTP use within the signage]
[If available, place number of smoking/vaping cessation hotline]
(b) Prominently post and display the "No Smoking/Vaping"
signage in the most conspicuous location within the public
conveyance. At the very least, a three end a half (3.5) square
inch "No Smoking/ Vaping" signage shall be placed on the
windshield and a ten (10) square inch "No Smoking/Vaping" sign
at the driver's back seat;
(c) Remove from the places where smoking/vaping is prohibited
all ashtrays and other receptacles for disposing
cigarette/electronic cigarette refuse;
(d) For persons-in-charge of schools, public playgrounds, youth
hostels and recreational facilities for minors, including those
frequented by minors, post the following statement in a clear and
conspicuous manner:
SELLING, ADVERTISING AND PROMOTING CIGARETTES,
ELECTRONIC NICOTINE/NON-NICOTINE DELIVERY
SYSTEMS,
HEATED TOBACCO PRODUCTS OR OTHER TOBACCO
PRODUCTS NOT ALLOWED WITHIN 100 METERS FROM
ANY
POINT IN THE PERIMETER OF [NAME OF SCHOOL /
PLAYGROUND / FACILITY FOR MINORS / ETC.]
(e) For persons-in-charge of schools, public playgrounds, youth
hostels and recreational facilities for minors, including those
frequented by minors, to report to the nearest Smoke/Vape-Free
Task Force of the concerned city or municipality any sale,
advertisement or promotion of tobacco products, ENDS/ENNDS,
HTPs, or their components, located within 100 meters from its
perimeter;
(f) For persons-in-charge of point-of-sale establishments, post
the following notice, together with a graphic/picture-based health
warning on the health consequences of tobacco product, ENDS/
ENNDS or HTP use as prescribed by the DOH, in a clear and
conspicuous manner:
SALE/DISTRIBUTION OF TOBACCO PRODUCTS TO
MINORS,
OR ELECTRONIC NICOTINE/NON-NICOTINE DELIVERY
SYSTEMS OR HEATED TOBACCO PRODUCTS TO
PERSONS
BELOW 21 YEARS OLD, IS UNLAWFUL
 (g) Establish internal procedure and measures through which Section 13. Repeal. Except for the foregoing amendments, all other
this Ordershall be implemented and enforced within the area of provisions of EO No. 26 shall remain unchanged and in effect. All rules,
which he or she is in charge. This includes compliance with regulations and issuances or parts thereof which are inconsistent with
smoking/vaping, sales, distribution, advertising and promotions this Order are hereby revoked, amended or modified accordingly.
restrictions (e.g., warning smoking/vaping violators in banned
areas and requesting them to stop smoking/vaping or leave the Section 14. Effectivity. This Order shall take effect fifteen (15) days
premises), and if they still refuse to comply, reporting the after publication in a newspaper of general circulation
incident to the City/Municipal Health Office, the nearest peace
officer, or to any member of the Smoke/Vape-Free Task Force;
PRESIDENTIAL DECREE No. 1619
Section 10. Expansion of the Smoking Cessation Program. Section 8 of PENALIZING THE USE OR POSSESSION OR THE UNAUTHORIZED
EO No. 26 is also further amended as follows: SALE TO MINORS OF VOLATILE SUBSTANCES FOR THE
PURPOSE OF INDUCING INTOXICATION OR IN ANY MANNER
"Section 8. Smoking Cessation Program. Local Government Units
CHANGING, DISTORTING OR DISTURBING THE AUDITORY,
(LGUs), particularly the respective City/Municipai Health Officer, in
VISUAL OR MENTAL PROCESS
coordination with the DOH, are enjoined to develop, promote and
implement their respective Local Smoking Cessation Programs
consistent with the National Smoking Cessation Program established
pursuant to RA No. 9211, and to encourage the participation of public WHEREAS, reports from law enforcement agencies reveal that certain
and private facilities which may be able to provide for the requirements substances which are openly sold to the public are being availed of by
of the program. Such Programs should include the implementation of drug dependents as substitutes for dangerous drugs;
the provisions of this Order regarding ENDS/ENNDS, HTPs and other
novel tobacco products, Smokers/vapers who are willing to quit and/or
those found violating this Order may be referred to the said Program
WHEREAS, medical research and studies show that the use of such
and its facilities."
substitutes could cause death, physiological damage to the liver, kidneys,
Section 10. Expansion of the Mandate of the Smoke-Free Task heart, blood and nervous system, induce dependency, self-destructive
Force. Section 9 of E.O. No. 26 is likewise amended as follows: and anti-social acts while under the influence thereof, and lead to the use
of other drugs;
"Section 9. Smoke/Vape-Free Task Force. Ail cities and municipalities
are enjoined to form a local Smoke/Vape-Free Task Force to help carry
out the provisions of this Order. Members of the Philippine National WHEREAS, it is imperative to stop the use of such substances as
Police and Smoke/Vape-Free Task Forces are directed to carry out the substitutes for dangerous drugs.
provisions of this Order, including the apprehension of violators and the
institution of criminal proceedings for violations of this Order, in
accordance with relevant laws, rules and regulations, and strictly
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the
observing due process.''
Republic of the Philippines, by virtue of the powers vested in me by the
Section 12. Separability. If any part of this Order is held Constitution, do hereby decree and order as follows:
unconstitutional or invalid, the other provisions not otherwise affected
shall remain in full force and effect.
Section 1. Volatile substances as used in this Decree shall mean and
include any liquid, solid or mixed substance having the property of
releasing toxic vapors or fumes containing one or more of the following
chemical compounds: methanol, ethanol, isopropanol, ethyl acetate, n-
propyl acetate, n-butyl acetate, acetone, methyl ethyl ketone, methyl
butyl ketone, benzene, toluene, xylene, stryene, naphtalene, n-pentane,
n-hexane, n-heptane, methylene chloride, trichloroenthylene,
tetrachloroenthylene, nitrous oxide, dichlorodifluoromethane,
chlorodifluoromethane, isoamyl nitrate, ether or chloroform or any other
chemical substance which when sniffed, smelled, inhaled, or introduced
into the physiological system of the body produces or induces a condition
of intoxication, inebriation, excitement, stupefaction, dulling of the brain
or nervous system, depression, giddiness, paralysis, or irrational
behaviour or in any manner changing, distorting or disturbing the
auditory, visual or mental processes.
Section 2. The use or possession of volatile substances for the purpose
of inhalation to induce or produce intoxication or any of the conditions
described in the preceding section shall be punishable by imprisonment
ranging from six months and one day to four years and a fine ranging
from six hundred to four thousand, pesos: Provided, however, That the
provisions of Article VI, entitled "Rehabilitative Confinement and
Suspension of Sentence", of Republic Act No. 6425, as amended
(otherwise known as the Dangerous Drugs Act of 1972), shall, whenever
appropriate, apply to the cases arising hereunder.
Section 3. The penalty of imprisonment ranging from four years and one
day to eight years and a fine ranging from four thousand to eight thousand
pesos shall be imposed upon any person who sells, administers, delivers,
or gives away to another, on any terms whatsoever, or distributes,
dispatches in transit or transports or who acts as a broker in any of such
transactions, any substance or mixture of substances containing one or
more of the chemical compounds mentioned in Section one hereof for
the purpose of inhalation to induce or produce intoxication or any of the
conditions described therein.
Section 4. The penalty of imprisonment ranging from four years and one
month to eight years and a fine ranging from four thousand to eight
thousand pesos shall be imposed upon any person, or group of persons
who shall maintain a den, dive or resort where any substance or mixture
of substances containing one or more of the chemical compounds
mentioned in Section one hereof is used for the purpose of inhalation to
induce or produce intoxication or any of the conditions described therein.
Section 5. The sale of, and offer to sell, volatile substances to minors
without requiring the written consent of their parents or guardians as a
condition for such sale or offer to sell shall be punishable by imprisonment
ranging from six months and one day to four years and a fine ranging
from six hundred to four thousand pesos: Provided, That when the minor
is eighteen years or over and is duly licensed to drive a motor vehicle,
such written consent shall not be necessary when the volatile substance
sold or offered for sale is gasoline or any other motive fuel for motor
vehicles.
Section 6. The sale of, and offer to sell, to minors of liquors or beverages
containing an alcoholic content of thirty per centum or above (60 proof or
above) is hereby prohibited and shall be punishable by imprisonment
ranging from six months and one day to four years and a fine ranging
from six hundred to four thousand pesos.
Section 7. The Dangerous Drugs Board is hereby empowered to issue
rules and regulations to carry out the purposes of this decree, including
the treatment and rehabilitation of dependents on volatile substances and
their confinement in rehabilitation or commercial products containing one
or more of the chemical compounds mentioned in Section one hereof,
and the publication, whenever the need arises, in a newspaper of general
circulation, a list of the mentioned industrial or commercial products the
sale of which is restricted or prohibited under the preceding sections.
Section 8. This Decree shall take effect immediately.

DONE in the City of Manila, this 23rd day of July, in the year of Our Lord,
nineteen hundred and seventy-nine.
EXECUTIVE ORDER NO. 26
PROVIDING FOR THE ESTABLISHMENT OF SMOKE-FREE
ENVIRONMENTS IN PUBLIC AND ENCLOSED PLACES
WHEREAS, the 1987 Constitution of the Republic of the Philippines
declares that the State shall protect and promote the right to health of the
people and instill health consciousness among them;
WHEREAS, the Republic of the Philippines, under the World Health
Organization Framework Convention on Tobacco Control (FCTC) to
which it is a Party, being determined to give priority to the right to protect
public health and to promote measures of tobacco control based on
current and relevant scientific, technical and economic considerations,
agreed to implement the measures provided in that treaty;
WHEREAS, in pursuit of the policy of the State to guarantee the
enjoyment of the right of every citizen to breathe clean air, Republic Act
No. 8749, or the Philippine Clean Air Act of 1999, prohibits smoking inside
enclosed public places including public vehicles and other means of
transport, and other enclosed areas, and directs local government units
to implement the prohibition;
WHEREAS, Republic Act No. 9211, or the Tobacco Regulation Act of
2003, prohibits smoking in certain public places, and prohibits the
purchase and sale of cigarettes and other tobacco products to and by
minors and in certain places frequented by minors and provides penalties
for any violation of the prohibitions;
WHEREAS, scientific evidence has unequivocally established that
tobacco consumption and exposure to tobacco smoke cause death,
disease and disability, lead to devastating health, social, economic and
environmental consequences, and places burdens on families, on the
poor, and on national and local health systems;
WHEREAS, public health takes precedence over any commercial or
business interest;
WHEREAS, an increasing number of Filipinos become afflicted with and
die each year of tobacco-related diseases such as stroke, heart disease,
emphysema, various cancers and nicotine addiction, and both the public
and workers in facilities where smoking is allowed are most at risk from
these and other tobacco-related diseases;
WHEREAS, the FCTC provides that each Party shall adopt and
implement in areas of existing national jurisdiction as determined by
national law, and actively promote at other jurisdictional levels, the
adoption and implementation of effective legislative, executive,
administrative and/or other measures, providing for protection from
exposure to tobacco smoke in indoor workplaces, public transport, indoor
public places and, as appropriate, other public places;
WHEREAS, in order to minimize access, particularly of minors, to
tobacco products and in order to provide a more supportive environment
for those who are attempting to quit tobacco use, there is a need to
strengthen existing measures on access restriction, including the
regulation of sales, distribution and availability, and the measures
prescribed under the FCTC;
NOW, THEREFORE, I, RODRIGO ROA DUTERTE, President of the
Philippines, by virtue of the powers vested in me by the Constitution and
existing laws, do hereby order:
SECTION 1. Definition. For the purpose of this Executive Order, the
following terms shall mean:
(a) "Advertising and promotion" mean any form of commercial
communication, recommendation or action with the aim, effect or likely
effect of promoting a tobacco product or tobacco use either directly or
indirectly.
(b) "Designated Smoking Area" (DSA) refers to an area of a building or
conveyance where smoking may be allowed, which may be in an open
space or separate area with proper ventilation subject to the specific
standards provided in this Order.
(c) "Enclosed" means being covered by a roof or other structure serving
the purpose of a roof, and having one or more walls or sides, wherein the
openings on the walls or sides have an aggregate area that is less than
half of the total wall space, regardless of the type of material used for the
roof, wall or sides, and regardless of whether the structure is permanent
or temporary. Doors and windows that can be opened and shut shall not
be considered as openings under this paragraph. The enclosed character
of a building or conveyance shall attach to all its areas, including its open
spaces.
(d) "Minor" refers to any person below eighteen (18) years old.
(e) "Non-Smoking Buffer Zone" is a ventilated area between the door of
a DSA not located in an open space and the smoke-free area. There shall
be no opening that will allow air to escape from such Non-Smoking Buffer
Zone to the smoke-free area, except for a single door equipped with an
automatic door closer. Such door is distinct from the door of the DSA,
which shall be at least two (2) meters away from the other.
(f) "Open spaces" refers to those areas forming part of a building or
conveyance, which are not covered by a roof or similar structure.
(g) "Person-in-charge" refers to the president/manager in case of a
company, corporation, partnership or association, the
owner/proprietor/operator in case of a single proprietorship, or the
administrator in case of government or private property, facility, office or
building, and the city/municipal schools superintendent, school president,
dean or principal in case of schools.
(h) "Point-of-sale" refers to any location at which an individual can
purchase or otherwise obtain tobacco products. (1) "Public conveyances"
refers to modes of transportation servicing the general population, such
as, but not limited to, elevators, airplanes, ships, jeepneys, buses,
taxicabs, trains, light rail transits, tricycles and other similar vehicles.
(i) "Public places" means all places, fixed or mobile, that are accessible
or open to the public or places for collective use, regardless of ownership
or right to access, including but not limited to, schools, workplaces,
government facilities, establishments that provide food and drinks,
accommodation, merchandise, professional services, entertainment or
other services. It also includes outdoor spaces where facilities are
available for the public or where a crowd of people would gather, such
as, but not limited to, playgrounds, sports grounds or centers, church
grounds, health/hospital compounds, transportation terminals, markets,
parks, resorts, walkways/sidewalks, entrance ways, waiting areas, and
the like.
(k) "Smoke-free" refers to air that is 100% free from tobacco smoke. This
definition includes, but is not limited to, air in which tobacco smoke cannot
be seen, smelled, sensed or measured.
(l) "Smoking" means being in possession or control of a lit tobacco
product regardless of whether the smoke is being actively inhaled or
exhaled.
(m) "Tobacco Products" means products entirely or partly made of
tobacco leaf as raw material which are manufactured to be used for
smoking, sucking, chewing or snuffing, such as but not limited to
cigarette, cigar, pipe, shisha/hookah and chew tobacco.
(n) "Workplace" means any place used by people during their
employment or work, whether done for compensation or voluntarily,
including all attached or associated places commonly used by the
workers in the course of their work (for example, corridors, elevators,
stairwells, toilets, lobbies, lounges). Vehicles used in the course of work
are considered workplaces, such as, but not limited to taxis, ambulances
and delivery vehicles.
SECTION 2. Coverage. This Order shall apply to all persons, whether
resident or not, and in all places, found within the territorial jurisdiction of
the Philippines.
SECTION 3. Prohibited Acts. The following acts are declared unlawful
and prohibited:
(a) Smoking within enclosed public places and public conveyances,
whether stationary or in motion, except in DSAS fully compliant with the
requirements of Section 4 of this Order;
(b) For persons-in-charge to allow, abet or tolerate smoking in places
enumerated in the preceding paragraph, outside of DSAs fully compliant
with Section 4 of this Order;
(c) For any person to sell, distribute or purchase tobacco products to and
from minors. It shall not be a defense for the person selling or distributing
that he/she did not know or was not aware of the real age of the minor.
Neither shall it be a defense that he/she did not know nor had any reason
to believe that the cigarette or any other tobacco product was for the
consumption of the minor to whom it was sold;
(d) For a minor to smoke, sell or buy cigarettes or any other tobacco
products;
(e) Ordering, instructing or compelling a minor to use, light up, buy, sell,
distribute, deliver, advertise or promote tobacco products;
(f) Selling or distributing tobacco products in a school, public playground,
youth hostels and recreational facilities for minors, including those
frequented by minors, or within 100 meters from any point of the
perimeter of these places;
(g) Placing, posting, displaying or distributing advertisement and
promotional materials of tobacco products, such as but not limited to
leaflets, posters, display structures and other materials within 100 meters
from the perimeter of a school, public playground, and other facilities
frequented particularly by minors, hostel and recreational facilities for
minors, including those frequented by them, or in an establishment when
such establishment or its location is prohibited from selling tobacco
products;
(h) Placing any form of tobacco advertisement outside of the premises of
point-of sale retail establishments; and
(i) Placing any stall, booth, and other displays concerning tobacco
promotions to areas outside the premises of point-of-sale locations or
adult-only facilities.
Republic Act No. 9211
June 23, 2003
AN ACT REGULATING THE PACKAGING, USE, SALE,
DISTRIBUTION AND ADVERTISEMENTS OF TOBACCO
PRODUCTS AND FOR OTHER PURPOSES
SECTION 1. Short Title.—This Act shall be known as the Tobacco
Regulation Act of 2003.
SECTION 2. Policy.—It is the policy of the State to protect the populace
from hazardous products and promote the right to health and instill health
consciousness among them. It is also the policy of the State, consistent
with the Constitutional ideal to promote the general welfare, to safeguard
the interests of the workers and other stakeholders in the tobacco
industry. For these purposes, the government shall institute a balanced
policy whereby the use, sale and advertisements of tobacco products
shall be regulated in order to promote a healthful environment and protect
the citizens from the hazards of tobacco smoke, and at the same time
ensure that the interests of tobacco farmers, growers, workers and
stakeholders are not adversely compromised.
SECTION 3. Purpose.—It is the main thrust of this Act to:
a. Promote a healthful environment;
b. Inform the public of the health risks associated with cigarette smoking
and tobacco use;
c. Regulate and subsequently ban all tobacco advertisements and
sponsorships;
d. Regulate the labeling of tobacco products;
e. Protect the youth from being initiated to cigarette smoking and tobacco
use by prohibiting the sale of tobacco products to minors;
f. Assist and encourage Filipino tobacco farmers to cultivate alternative
agricultural crops to prevent economic dislocation; and
g. Create an Inter-Agency Committee on Tobacco (IAC-Tobacco) to
oversee the implementation of the provisions of this Act.
SECTION 4. Definition of Terms.—As used in this Act:
a. “Advertisement”—refers to any visual and/or audible message
disseminated to the public about or on a particular product that promote
and give publicity by words, designs, images or any other means through
broadcast, electronic, print or whatever form of mass media, including
outdoor advertisements, such as but not limited to signs and billboards.
For the purpose of this Act, advertisement shall be understood as
tobacco advertisement.
b. “Advertising”—refers to the business of conceptualizing, presenting,
making available and communicating to the public, through any form of
mass media, any fact, data or information about the attributes, features,
quality or availability of consumer products, services or credit.
For the purpose of this Act, advertising shall be understood as tobacco
advertising. This shall specifically refer to any messages and images
promoting smoking; the purchase or use of cigarette or tobacco products;
and cigarette or tobacco trademarks, brand names, design and
manufacturer’s names;
c. “Advertiser”—refers to a person or entity on whose account or for
whom an advertisement is prepared and disseminated by the advertising
agency, which is a service established and operated for the purpose of
counseling or creating and producing and/or implementing advertising
programs in various forms of media;
d. “Cigarette”—refers to any roll or tubular construction, which contains
tobacco or its derivatives and is intended to be burned or heated under
ordinary conditions of use;
e. “Distributor”—refers to any person to whom a tobacco product is
delivered or sold for purposes of distribution in commerce, except that
such term does not include a manufacturer or retailer or common carrier
of such product;
f. “Mass Media”—refers to any medium of communication designed to
reach a mass of people. For this purpose, mass media includes print
media such as, but not limited to, newspapers, magazines, and
publications; broadcast media such as, but not limited to radio, television,
cable television, and cinema; electronic media such as but not limited to
the internet;
g. “Minor”—refers to any person below eighteen (18) years old;
h. “Manufacturer”—refers to any person or entity, including a repacker,
who makes, fabricates, assembles, processes, or labels a finished
product;
i. “Package”—refers to packs, boxes, cartons or containers of any kind in
which any tobacco product is offered for sale to consumers;
j. “Person”—refers to an individual, partnership, corporation or any other
business or legal entity;
k. “Point-of-Sale”—refers to any location at which an individual can
purchase or otherwise obtain tobacco products;
l. “Promotion”—refers to an event or activity organized by or on behalf of
a tobacco manufacturer, distributor or retailer with the aim of promoting
a brand of tobacco product, which event or activity would not occur but
for the support given to it by or on behalf of the tobacco manufacturer,
distributor or retailer. It may also refer to the display of a tobacco product
or manufacturer’s name, trademark, logo, etc. on non-tobacco products.
This includes the paid use of tobacco products bearing the brand names,
trademarks, logos, etc. in movies, television and other forms of
entertainment. For the purpose of this Act, promotion shall be understood
as tobacco promotion;
m. “Public Conveyances”—refer to modes of transportation servicing the
general population, such as, but not limited to, elevators, airplanes,
buses, taxicabs, ships, jeepneys, light rail transits, tricycles, and similar
vehicles;
n. “Public Places”—refer to enclosed or confined areas of all hospitals,
medical clinics, schools, public transportation terminals and offices, and
buildings such as private and public offices, recreational places, shopping
malls, movie houses, hotels, restaurants, and the like;
o. “Retailer”—refers to any person who or entity that sells tobacco
products to individuals for personal consumption;
p. “Smoking”—refers to the act of carrying a lighted cigarette or other
tobacco products, whether or not it is being inhaled or smoked;
q. “Sponsorship”—refers to any public or private contribution to a third
party in relation to an event, team or activity made with the aim of
promoting a brand of tobacco product, which event, team or activity would
still exist or occur without such contribution. For the purpose of this Act,
sponsorship shall be understood as tobacco sponsorship;
r. “Tobacco”—refers to agricultural components derived from the tobacco
plant, which are processed for use in the manufacturing of cigarettes and
other tobacco products;
s. “Tobacco Product”—refers to any product that consists of loose
tobacco that contains nicotine and is intended for use in a cigarette,
including any product containing tobacco and intended for smoking or
oral or nasal use. Unless stated otherwise, the requirements of this Act
pertaining to cigarettes shall also apply to other tobacco products;
t. “Tobacco Grower”—refers to any person who plants tobacco before the
enactment of this Act and classified as such by the National Tobacco
Administration (NTA); and
u. “Warning”—refers to the notice printed on the tobacco product or its
container and/or displayed in print or aired in broadcast or electronic
media including outdoor advertising and which shall bear information on
the hazards of tobacco use.
Healthful Environment
SECTION 5. Smoking Ban in Public Places.—Smoking shall be
absolutely prohibited in the following public places:
a. Centers of youth activity such as playschools, preparatory schools,
elementary schools, high schools, colleges and universities, youth
hostels and recreational facilities for persons under eighteen (18) years
old;
b. Elevators and stairwells;
c. Locations in which fire hazards are present, including gas stations and
storage areas for flammable liquids, gas, explosives or combustible
materials;
d. Within the buildings and premises of public and private hospitals,
medical, dental, and optical clinics, health centers, nursing homes,
dispensaries and laboratories;
e. Public conveyances and public facilities including airport and ship
terminals and train and bus stations, restaurants and conference halls,
except for separate smoking areas; and
f. Food preparation areas.
SECTION 6. Designated Smoking and Non-smoking Areas.—In all
enclosed places that are open to the general public, private workplaces
and other places not covered under the preceding section, where
smoking may expose a person other than the smoker to tobacco smoke,
the owner, proprietor, operator, possessor, manager or administrator of
such places shall establish smoking and non-smoking areas. Such areas
may include a designated smoking area within the building, which may
be in an open space or separate area with proper ventilation, but shall
not be located within the same room that has been designated as a non-
smoking area.
All designated smoking areas shall have at least one (1) legible and
visible sign posted, namely “SMOKING AREA” for the information and
guidance of all concerned. In addition, the sign or notice posted shall
include a warning about the health effects of direct or secondhand
exposure to tobacco smoke. Non-Smoking areas shall likewise have at
least one (1) legible and visible sign, namely: “NON-SMOKING AREA” or
“NO SMOKING.”
Access Restrictions
SECTION 7. Vending Machines, Self-Service Facilities.—Unless the
vending machine has a mechanism for age verification, the sale or
distribution of tobacco products to minors by means of a vending machine
or any self-service facility or similar contraption or device is prohibited,
except at point-of-sale establishments.
SECTION 8. Retailer Compliance with Respect to Self-Service
Facilities.—Each retailer shall ensure that all tobacco-related self-service
displays or facilities, advertising, labeling and other items that are located
in the establishment of the retailer and that do not comply with the
requirements of this Act are removed or are brought into compliance with
the requirements of this Act.
SECTION 9. Minimum Age Sales.—Under this Act, it shall be unlawful:
a. For any retailer of tobacco products to sell or distribute tobacco
products to any minor;
b. For any person to purchase cigarettes or tobacco products from a
minor;
c. For a minor to sell or buy cigarettes or any tobacco product; and
d. For a minor to smoke cigarettes or any other tobacco products.
It shall not be a defense for the person selling or distributing that he/she
did not know or was not aware of the real age of the minor. Neither shall
it be a defense that he/she did not know nor had any reason to believe
that the cigarette or any other tobacco product was for the consumption
of the minor to whom it was sold.
SECTION 10. Sale of Tobacco Products Within School Perimeters.—The
sale or distribution of tobacco products is prohibited within one hundred
(100) meters from any point of the perimeter of a school, public
playground or other facility frequented particularly by minors.
SECTION 11. Signage.—Point-of-Sale establishments offering,
distributing or selling tobacco products to consumers, shall post the
following statement in a clear and conspicuous manner:
“SALE/DISTRIBUTION TO OR PURCHASE BY MINORS OF TOBACCO
PRODUCTS IS UNLAWFUL” or “IT IS UNLAWFUL FOR TOBACCO
PRODUCTS TO BE SOLD/DISTRIBUTED TO OR PURCHASED BY
PERSONS UNDER 18 YEARS OF AGE.”
SECTION 12. Proof of Age Verification.—In case of doubt as to the age
of the buyer, retailers shall verify, by means of any valid form of
photographic identification containing the date of birth of the bearer, that
no individual purchasing a tobacco product is below eighteen (18) years
of age.
Advertising and Promotions
SECTION 13. Warnings on Cigarette Packages.—Under this Act:
a. All packages in which tobacco products are provided to consumers
withdrawn from the manufacturing facility of all manufacturers or imported
into the Philippines intended for sale to the market, starting 1 January
2004, shall be printed, in either English or Filipino, on a rotating basis or
separately and simultaneously, the following health warnings:
“GOVERNMENT WARNING: Cigarette Smoking is Dangerous to Your
Health;”
“GOVERNMENT WARNING: Cigarettes are Addictive;”
“GOVERNMENT WARNING: Tobacco Smoke Can Harm Your Children;”
or
“GOVERNMENT WARNING: Smoking Kills.”
b. Upon effectivity of this Act until 30 June 2006, the health warning shall
be located on one side panel of every tobacco product package and
occupy not less than fifty percent (50%) of such side panel including any
border or frame.
c. Beginning 1 July 2006, the health warning shall be located on the
bottom portion of one (1) front panel of every tobacco product package
and occupy not less than thirty percent (30%) of such front panel
including any border or frame. The text of the warning shall appear in
clearly legible type in black text on a white background with a black border
and in contrast by typography, layout or color to the other printed matters
on the package. The health warning shall occupy a total area of not less
than fifty percent (50%) of the total warning frame.
d. The warnings shall be rotated periodically, or separately and
simultaneously printed, so that within any twenty-four (24) month period,
the four (4) variations of the warnings shall appear with proportionate
frequency.
e. The warning shall not be hidden or obscured by other printed
information or images, or printed in a location where tax or fiscal stamps
are likely to be applied to the package or placed in a location where it will
be damaged when the package is opened. If the warning to be printed on
the package is likely to be obscured or obliterated by a wrapper on the
package, the warning must be printed on both the wrapper and the
package.
f. In addition to the health warning, all packages of tobacco products that
are provided to consumers shall contain, on one side panel, the following
statement in a clear, legible and conspicuous manner: “NO SALE TO
MINORS” or “NOT FOR SALE TO MINORS.” The statement shall occupy
an area of not less than ten percent (10%) of such side panel and shall
appear in contrast by color, typography or layout with all the other printed
material on the side panel.
g. No other printed warnings, except the health warning and the message
required in this Section, paragraph f. shall be placed on cigarette
packages.
SECTION 14. Warnings in Advertising.—Under this Act:
a. All tobacco advertising in mass media shall contain either in English or
Filipino, the following health warning: “GOVERNMENT WARNING:
Cigarette Smoking is Dangerous to Your Health.”
b. For print and outdoor advertisements, the warning frame shall be
centered across the bottom of the advertisement and occupy a total area
of not less than fifteen percent (15%) of such advertisement including any
border or frame. The health warning shall occupy a total area of not less
than fifty percent (50%) of the total warning frame. The text of the health
warnings shall be clearly visible and legible, printed in a prominent color
as appropriate and shall appear in contrast by color, typography or layout
with all other printed material in the advertisement. The warning shall not
be hidden or obscured by other printed information or images in the
advertisement.
c. For television and cinema advertisements, the warning shall be clearly
shown and voiced over in the last five (5) seconds of the advertisement,
regardless of the duration of the advertisement, even when such
advertisement is silent. The health warning shall occupy a total area of
not less than fifty percent (50%) of the television screen and shall be
clearly visible, legible and audible, in black text on white background or
white text on black background. No other images except the warning shall
be included in the warning frame.
d. For radio advertisements, the warning stated after the advertisement
shall be clearly and audibly voiced over in the last five (5) seconds of the
advertisement, regardless of its duration.
SECTION 15. Restrictions on Advertising.—The following restrictions
shall apply to all tobacco advertising:
a. Advertisements shall not be aimed at or particularly appeal to persons
under eighteen (18) years of age.
b. Advertisements shall not feature a celebrity or contain an
endorsement, implied or express, by a celebrity.
c. Advertisements shall not contain cartoon characters or subjects that
depict humans or animals with comically exaggerated features or that
attribute human or unnatural characteristics to animals, plants or other
objects.
d. Advertisements shall only depict persons who are or who appear to be
above twenty-five (25) years of age.
e. Advertisements shall not show, portray or depict scenes where the
actual use of, or the act of using, puffing or lighting cigarettes or other
tobacco products is presented to the public.
SECTION 16. Restrictions on Print Media Advertising.—The following
restrictions shall apply to all print media tobacco advertisements:
a. Advertisements shall not be placed in any printed publication unless
there is a reasonable basis to believe that at least seventy-five percent
(75%) of the readers of such publication are eighteen (18) years of age
and above, and the number of youth who read it constitutes less than ten
percent (10%) of all youth in the Philippines.
b. Advertisements shall not be placed on the packaging or outside covers
(front and back) of a magazine, newspaper, journal or other publication
printed for general circulation.
SECTION 17. Restrictions on Outdoor Advertising.—The following
restrictions shall apply to all outdoor tobacco advertisements:
a. Outdoor advertisements shall not be placed on billboards, wall murals,
or transport stops or stations which are within one hundred (100) meters
from any point of the perimeter of a school, public playground or other
facility frequented particularly by persons below eighteen (18) years of
age.
b. Outdoor advertisements shall not, either individually or when placed in
deliberate combination with other outdoor tobacco advertising, exceed
seventy (70) square meters in total size.
c. Outdoor advertisements shall not be placed on taxis, buses, trains or
other public conveyance or in stations, terminals or platforms thereof,
except point-of-sale establishments.
SECTION 18. Restrictions on Advertising in Cinemas.—Tobacco
advertisements are prohibited in connection with the showing of any film
where persons below eighteen (18) years old are permitted admission.
SECTION 19. Restrictions on Television and Radio Advertising.—
Advertisements shall not be broadcast on television, cable television, and
radio between seven o’clock in the morning and seven o’clock at night.
SECTION 20. Restrictions on Advertising in Audio, Video and Computer
Cassettes/Discs and Similar Medium.—No electronic advertisements
shall be incorporated within any video or audio cassette, videogame
machine, optical disc, or any similar medium, unless access to the item
is restricted to persons eighteen (18) years of age or older. For the
purpose of this Section, video game includes any electronic amusement
device that utilizes a computer, microprocessor, or similar electronic
circuitry and its own cathode ray tube, or is designed to be used with a
television set or a monitor that interacts with the user of the device.
SECTION 21. Restrictions on Advertising on the Internet and Similar
Medium.—Advertisements are prohibited on the Internet and other
similar medium unless the Internet site is restricted to persons eighteen
(18) years of age or older. A site will be deemed restricted if a person
cannot obtain access beyond the first page of the website unless the
person has established that he or she is at least eighteen (18) years old.
This limitation applies to commercial communications and shall not
prevent the use of company Internet websites to provide information
regarding a company, its products and smoking and health related
information. This Section shall not prohibit business-to-business
transactions conducted on the Internet and other similar medium
between tobacco manufacturers, retailers, and distributors.
SECTION 22. Ban on Advertisements.—Beginning 1 January 2007, all
tobacco advertising on television, cable television and radio shall be
prohibited.
Beginning 1 July 2007, all cinema and outdoor advertising shall be
prohibited. No leaflets, posters and similar outdoor advertising materials
may be posted, except inside the premises of point-of-sale retail
establishments.
Beginning 1 July 2008, all forms of tobacco advertising in mass media
shall be prohibited except tobacco advertisements placed inside the
premises of point-of-sale retail establishments.
SECTION 23. Restrictions on Tobacco Promotions.—The following
restrictions shall apply on all tobacco promotions:
a. Promotions must be directed only to persons at least eighteen (18)
years old. No person below eighteen (18) years old or who appear to be
below eighteen (18) years old may participate in such promotions. The
participants in promotions must be required to provide proof of age.
b. Communications to consumers about tobacco promotions shall comply
with the provisions of this Act governing tobacco advertising. In addition
to the required health warning, the age requirement for participation in
any promotion must be clearly marked on the program materials
distributed to consumers.
c. All stalls, booths, and other displays concerning tobacco promotions
must be limited to point-of-sale locations or adult-only facilities.
d. Telephone communications concerning promotional offers, programs
or events must include a recorded health warning message in English or
Filipino consistent with the warnings specified in this Act.
e. No placement shall be made by any manufacturer, distributor, or
retailer of any tobacco product or tobacco product package or
advertisement as a prop in any television program or motion picture
produced for viewing by the general public or in a video, optical disc or
on a video game machine.
f. The name, logo, or other indicia of a cigarette brand may appear on
cigarette lighters, ashtrays, or other smoking related items. If such name,
logo, or other indicia of a cigarette brand is larger than fifty (50) square
centimeters, the item must carry a health warning consistent with the
warnings specified in this Act.
g. No merchandise such as, but not limited to, t-shirts, caps, sweatshirts,
visors, backpacks, sunglasses, writing implements and umbrellas, may
be distributed, sold or offered, directly or indirectly, with the name, logo
or other indicia of a cigarette brand displayed so as to be visible to others
when worn or used. Clothing items must be in adult sizes only.
h. No name, logo, or other indicia of a cigarette brand or element of a
brand-related marketing activity, may appear on items that are marketed
to or likely to be used by minors such as, but not limited to, sports
equipment, toys, dolls, miniature replicas of racing vehicles, video
games, and food. The manufacturer or company must take all available
measures to prevent third parties from using the company’s brand
names, logos, or other proprietary material on products that are directed
toward minors.
i. No tobacco advertisements may be placed on shopping bags.
SECTION 24. Naming Rights.—Subject to the provisions of this Act:
a. No manufacturer may enter into any agreement pursuant to which
payment is made or other consideration is provided by such manufacturer
to any sports league, or any team involved in any such league, in
exchange for use of a tobacco product brand.
b. No manufacturer may enter into any agreement for the naming rights
of any stadium or arena using a tobacco product brand name or otherwise
cause a stadium or arena to be named with such a brand name.
SECTION 25. Restrictions on Sponsorships.—Beginning 1 July 2006:
a. No sponsorship shall be provided for:
1) an event or activity which bears a tobacco product brand name, unless
there is reasonable basis to believe that all persons who compete, or
otherwise take an active part, in the sponsored events or activities are
persons eighteen (18) years of age or older;
2) a team or an individual bearing a tobacco product name, unless all
persons sponsored are eighteen (18) years of age or older; or
3) a sponsored event or activity reasonably believed to be of particular
appeal to persons under eighteen (18) years old.
b. Tobacco brand sponsorships shall be prohibited except where there is
a reasonable basis to believe that:
1) attendance at the sponsored event or activity will comprise no less
than seventy-five percent (75%) persons at least eighteen (18) years old;
2) the sponsored event or activity will not be of particular appeal to
persons under eighteen (18) years old;
3) the sponsored event or activity will not receive exposure, other than as
a news item, on television or radio or the Internet, unless such exposure
complies with the provisions of this Act governing tobacco marketing
through those media; and
4) the principal activity associated with the sponsorship does not require
above-average physical fitness for someone of the age group of those
taking part.
c. All persons authorized to bear tobacco product advertisements, logos
or brand names at sponsored events shall be at least eighteen (18) years
old.
d. All forms of advertising associated with or ancillary to sponsorship shall
comply with the marketing provisions of this Act.
SECTION 26. Ban on Sponsorships.—Beginning 1 July 2008, cigarette
and tobacco companies are hereby prohibited from sponsoring any sport,
concert, cultural or art event, as well as individual and team athletes,
artists or performers where such sponsorship shall require or involve the
advertisement or promotion of any cigarette or tobacco company,
tobacco product or tobacco use, name, logo or trademarks and other
words, symbols, designs, colors or other depictions commonly
associated with or likely to identify a tobacco product: Provided, That the
attribution only to the name of the company in the roster of sponsors shall
be allowed: Provided further, That no manufacturer may register a
tobacco brand name as a company name after the passage of this Act.
SECTION 27. Restrictions on Sampling.—The distribution of samples of
tobacco products to persons below eighteen (18) years old is prohibited.
SECTION 28. Legal Actions.—Any legal action in connection with the
tobacco industry shall be governed by the provisions of the Philippine
Civil Code and other applicable laws.
Implementing Agency and Application
SECTION 29. Implementing Agency.—An Inter-Agency Committee—
Tobacco (IAC-Tobacco), which shall have the exclusive power and
function to administer and implement the provisions of this Act, is hereby
created. The IAC-Tobacco shall be chaired by the Secretary of the
Department of Trade and Industry (DTI) with the Secretary of the
Department of Health (DOH) as Vice Chairperson. The IAC-Tobacco
shall have the following as members:
a. Secretary of the Department of Agriculture (DA);
b. Secretary of the Department of Justice (DOJ);
c. Secretary of the Department of Finance (DOF);
d. Secretary of the Department of Environment and Natural Resources
(DENR);
e. Secretary of the Department of Science and Technology (DOST);
f. Secretary of the Department of Education (DepEd);
g. Administrator of the National Tobacco Administration (NTA);
h. A representative from the Tobacco Industry to be nominated by the
legitimate and recognized associations of the industry; and
i. A representative from a nongovernment organization (NGO) involved
in public health promotion nominated by DOH in consultation with the
concerned NGOs;
The Department Secretaries may designate their Undersecretaries as
their authorized representatives to the IAC.
SECTION 30. Application to Tobacco Products.—The provisions of this
Act shall apply to all tobacco products placed into commerce in the
Philippines. Except as provided below, no provision of this Act shall apply
to tobacco products intended or offered by the manufacturer for export
and not for [retail] sale in the Philippines.
Tobacco products intended or offered for export shall be subject only to
the requirement that the shipping container shall be prominently marked
on the outside “Export Only:” Provided, That, tobacco products which are
marked for export, but are sold/traded or distributed in the Philippine
market, shall be subject to immediate confiscation and destruction.
SECTION 31. Compliance Monitoring.—Not later than one (1) year after
the date of the effectivity of this Act, and annually thereafter, the IAC-
Tobacco shall submit to the President of the Philippines and to both
Houses of Congress a Compliance Monitoring Report on the compliance
of the manufacturers on all applicable laws and ordinances with respect
to the manufacture and distribution of tobacco products.
The report shall contain pertinent information on the methods, goals and
implementation program of said manufacturers with respect to the
requirements of this Act.
Penal Provisions
SECTION 32. Penalties.—The following penalties shall apply:
a. Violation of Sections 5 and 6.—On the first offense, a fine of not less
than Five hundred pesos (Php500.00) but not more than One thousand
pesos (Php1,000.00) shall be imposed.
On the second offense, a fine of not less than One thousand pesos
(Php1,000.00) but not more than Five thousand pesos (Php5,000.00)
shall be imposed.
On the third offense, in addition to a fine of not less than Five thousand
pesos (Php5,000.00) but not more than Ten thousand pesos
(Php10,000.00), the business permits and licenses to operate shall be
cancelled or revoked.
b. Violation of Sections 7, 8, 9, 10, and 11.—On the first offense, any
person or any business entity or establishment selling to, distributing or
purchasing a cigarette or any other tobacco products for a minor shall be
fined the amount of not less than Five thousand pesos (Php5,000.00) or
an imprisonment of not more than thirty (30) days, upon the discretion of
the court. For succeeding offenses, both penalties shall apply in addition
to the revocation of business licenses or permits in the case of a business
entity or establishment.
If the violation is by an establishment of business entity, the owner,
president, manager, or the most senior officers thereof shall be held liable
for the offense.
If a minor is caught selling, buying or smoking cigarettes or any other
tobacco products, the provisions of Article 189 of Presidential Decree No.
603 otherwise known as The Child and Youth Welfare Code, as
amended, shall apply.
c. Violation of Sections 13 to 27.—On the first offense, a fine of not more
than One hundred thousand pesos (Php100,000.00) or imprisonment of
not more than one (1) year, or both, at the discretion of the court shall be
imposed.
On the second offense, a fine of Two hundred thousand pesos
(Php200,000.00) or imprisonment of not more than two (2) years, or both,
at the discretion of the court shall be imposed.
On the third offense, in addition to a fine of not more than Four hundred
thousand pesos (Php400,000.00) or imprisonment of not more than three
(3) years, or both, at the discretion of the court, the business permits and
licenses, in the case of a business entity or establishment, shall be
revoked or cancelled.
In the case of a business entity or establishment, the owner, president,
manager or officials thereof shall be liable.
If the guilty officer is an alien, he shall summarily be deported after
serving his sentence, and shall be forever barred from re-entering the
Philippines.
Programs and Projects
SECTION 33. Programs and Projects.—For a period not exceeding five
(5) years, the National Government and the concerned departments and
agencies shall provide the following programs and projects:
a. Tobacco Growers’ Assistance Program—This program shall be utilized
to support financially the tobacco farmers who may be displaced due to
the implementation of this Act or has voluntarily ceased to produce
tobacco. To avail of this program, a beneficiary shall present convincing
and substantial evidence that:
1) He or she has been a tobacco farmer for the last three (3) years prior
to January 1, 2004;
2) He or she belongs to the tobacco-producing provinces;
3) He or she has a certificate of eligibility to apply issued by the Local
Government Unit and the NTA; and
4) He or she has ceased to plant tobacco for the next preceding season
after the enactment of this Act.
b. Tobacco Growers’ Cooperative.—This program shall promote
cooperative programs to assist tobacco farmers in developing alternative
farming systems, plant alternative crops and other livelihood projects.
The requirements of subsection a) shall likewise apply.
c. National Smoking Cessation Program.—A National Smoking
Cessation Program shall be undertaken with the approval of the IAC-
Tobacco. The implementing rules and guidelines to reinforce this
program shall be submitted to the IAC-Tobacco by the Secretary of
Health within three (3) months after the effectivity of this Act.
d. Research and Development Program.—The IAC-Tobacco shall
establish a research and development program to be spearheaded by
the NTA in cooperation with the DOST, which will undertake studies
concerning technologies and methods to reduce the risk of dependence
and injury from tobacco product usage and exposure, alternative uses of
tobacco and similar research programs.
e. National Tobacco-Free Public Education Program.—State Universities
and Colleges and Technical and Vocational Schools shall provide
scholarship programs for dependents of tobacco growers for which the
administrator of the NTA shall provide implementing rules and guidelines.
The guidelines shall be submitted to the IAC-Tobacco within three (3)
months after the effectivity of this Act.
f. Displaced Cigarette Factory Workers’ Assistance Program.—The
Secretary of Labor and Employment, with the concurrence of the IAC-
Tobacco shall establish a program to assist displaced,
terminated/separated or retrenched cigarette factory workers as a result
of the enactment of this Act. The Secretary of Labor in coordination with
the NTA and DTI shall provide the rules and guidelines to effectuate this
program and submit the same to the IAC-Tobacco within three (3) months
after the effectivity of this Act.
g. Health Programs.—The IAC-Tobacco, in consultation with the DOH,
shall be responsible for awarding grants to all medical institutions for the
purpose of planning, carrying out, and evaluating activities related to
smoking-related illnesses. The IAC-Tobacco shall submit to Congress
and the President of the Philippines the annual report of expenditures
related to this program.
h. Withdrawal Clinics.—The DOH shall establish smoking withdrawal
clinics to provide counseling regarding the hazardous health effects of
tobacco/cigarette smoking and to rehabilitate smokers from the
hazardous effects of such products.
If a smoker-minor voluntarily submits himself for treatment, counseling,
or rehabilitation in a smoking withdrawal clinic located in any medical
institution in the Philippines, or through his parent/guardian, the expenses
incurred shall be a reimbursable outpatient service of the Philippine
Health Insurance Corporation.
Information Program
SECTION 34. Information Drive.—Consistent with the provisions of this
Act, the DOH shall, in cooperation with the DepEd and with the
assistance of the Philippine Information Agency (PIA), undertake a
continuous information program on the harmful effects of smoking.
The DOH shall enlist the active participation of the public and private
sectors in the national effort to discourage the unhealthy habit of
smoking.
SECTION 35. Instruction on the Hazardous Effect of Smoking as Part of
School Curricula.—Instruction on the adverse effects of cigarette/tobacco
smoking, including their health, environmental and economic
implications, shall be integrated into the existing curricula of all public and
private elementary and high schools.
The DepEd Secretary shall promulgate such rules and regulations as
may be necessary to carry out the abovestated policy hereof, and, with
the assistance of the Secretary of Health, and with the approval of the
IAC-Tobacco, shall cause the publication and distribution of materials on
the unhealthy effects of smoking to students and the general public.
Miscellaneous Provisions
SECTION 36. Congressional Oversight Committee on Tobacco. —A
Congressional Oversight Committee on Tobacco (COC-Tobacco) is
hereby constituted which is mandated to monitor and review the
implementation of this Act for a period not exceeding three (3) years. The
COC-Tobacco shall be composed of the Chairpersons of the Senate
Committees on Health, Trade and Commerce, Agriculture and Public
Information and the House of Representatives Committees on Trade and
Industry, Health, Public Information and Agriculture and a Member of the
House of Representatives representing the tobacco producing provinces,
to be nominated by all the Members of the House of Representatives
from tobacco producing districts.
The Secretariat of the COC-Tobacco shall be drawn from the existing
secretariat personnel of the standing committees comprising the
Congressional Oversight Committee and its funding requirements shall
be charged against the appropriations of both the House of
Representatives and the Senate of the Philippines.
SECTION 37. Implementing Rules.—The IAC-Tobacco shall promulgate
such rules and regulations necessary for the effective implementation of
this Act within six (6) months from the date of publication of this Act. The
said rules and regulations shall be submitted to the COC-Tobacco for its
review. The COC-Tobacco shall approve the implementing rules and
regulations within thirty (30) working days of receipt thereof: Provided,
That in the event the implementing rules and regulations are not
promulgated within the specified period, the specific provisions of this Act
shall immediately be executory.
SECTION 38. Appropriations. —The amount necessary to implement the
provisions of this Act shall be charged against the current year’s
appropriations of the concerned national government agencies.
Thereafter, such funds as may be necessary for the continued
implementation of this Act shall be included in the budgets of the
concerned national government agencies under the annual General
Appropriations Act.
SECTION 39. Repealing Clause. —DOH Administrative Orders No. 10 s.
1993 and No. 24 s. 2003 are hereby repealed. Article 94 of Republic Act
No. 7394, as amended, otherwise known as the Consumer Act of the
Philippines, is hereby amended.
All other laws, decrees, ordinances, administrative orders, rules and
regulations, or any part thereof, which are inconsistent with this Act are
likewise repealed or amended accordingly.
SECTION 40. Separability Clause. —Should any provision of this Act be
subsequently declared unconstitutional, the other provisions not so
declared shall remain in full force and effect.
SECTION 41. Effectivity. —This Act shall take effect fifteen (15) days
after its publication in the Official Gazette and at least two (2) newspapers
of national circulation.
RA 10643
Republic of the Philippines
Congress of the Philippines
Metro Manila
Sixteenth Congress
First Regular Section
Begun and held in Metro Manila, on Monday, the twenty-second day of
July, two thousand thirteen.
[REPUBLIC ACT NO. 10643]
AN ACT TO EFFECTIVELY INSTILL HEALTH CONSIOUSNESS
THROUGH GRAPHIC HEALTH WARNINGS ON TOBACCO
PRODUCTS
Be it enacted by the Senate and House of Representatives of the
Philippines in Congress assembled:
SECTION 1. Short Title. – This Act shall be known as “The Graphic
Health Warnings Law”.
SEC. 2. Declaration of Principles. – The State shall protect and promote
the right to health of the people and instill health consciousness among
them.
The State shall protect consumers from trade malpractices and from
substandard tobacco products.
The State accepts that, as a State-Party to the World Health
Organization’s Framework Convention on Tobacco Control (FCTC), a
treaty that reaffirms the right of all peopleto the highest standards of
health, the Philippines is obliged to inform every person of the health
consequences of tobacco consumption and exposure to tobacco smoke;
to enact effective measures to curb and reduce tobacco use, especially
among the youth; and to protect public health policy from the commercial
and vested interests of the tobacco industry.
The State is cognizant of the Philippines’ duty under Article 11 of the
FCTC which is to adopt and implement by September 2008 effective
health warnings on tobacco products that should describe the harmful
effects of tobacco use.
The State recognizes that based on empirical data, text warnings have
been shown to be insufficient in conveying the dangers of tobacco
products while Graphic Health Warnings have been shown to be more
effective in conveying the truth about the dangers of exposure and
consumption of tobacco smoke.
SEC. 3. Purposes. – The purposes of this Act are:
(a) to have Graphic Health Warnings that effectively warn of the
devastating effects of tobacco use and exposure to second hand smoke;
(b) to remove misleading or deceptive numbers or descriptors like “low
tar”, “light”, “ultra lights” or “mild” which convey or tend to convey that a
product or variant is healthier, less harmful or safer; and
(c) to further promote the right to health and information of the people.
SEC. 4. Definition of Terms. –
(a) “Insert” means any communication inside an individual package
and/or carton purchased at either wholesale or retail by consumers, such
as a leaflet or brochure.
(b) “Onsert” means any communication affixed to the outside of an
individual package and/or carton purchased at either wholesale or retail
by consumers, such as a brochure beneath the outer cellophane
wrapping or glued to the outside of the cigarette package.
(c) “Graphic Health Warnings” refer to the photographic image printed on
the tobacco product package which accurately depicts the hazards of
tobacco use and is accompanied by textual warning related to the picture.
(d) “Principal Display Surface”, means:
(1) In the case of a package and carton that has at least two (2) equal
sized sides or surfaces, other than the top and bottom, that may be
displayed or visible under normal or customary conditions of sale or use,
the areas of each of the two (2) largest surfaces;
(2) In the case of a spherical, cylindrical or conical container of tobacco
products, the two (2) largest surfaces that are predominantly displayed;
and
(3) In the case of a package and carton that do not have a particular side
or surface that is predominantly displayed or visible under normal or
customary conditions of sale or use or those that are not described under
subsections 1 and 2, fifty percent (50%) of the three (3) dominant sides
or the total surface thereof, whichever is bigger, which will ensure that
the Graphic Health Warnings are visibly shown.
(e) “Tobacco Product Package” means the packet and package of
tobacco products and any outside packaging and labelling of tobacco
products for sale and distribution in the domestic market, importation,
trade, exchange, or for exhibition, such as, but not limited to, packs, tins,
boxes, pouches, flip-tops, slide and shell packages, cartons, packages
containing one (1) product unit, or other containers of tobacco products
containing the logo or trademark of the tobacco companies, primarily
intended for consumers or for retail sale: Provided, That for mastercases
that contain the logo or trademark of tobacco brands, such mastercases
shall contain the textual health warning “SMOKING KILLS” which shall
be printed in the same single color and in bold print as the trademark
logo: Provided, further, That textual health warnings shall be of equal
prominence and visibility as the logo or trademark of tobacco companies.
Such textual warnings on the mastercase shall occupy not more than fifty
percent (50%) of each principal display panel of the mastercase.
(f) “Tobacco Products” means products entirely or partly made of leaf
tobacco as raw material, which are manufactured to be used for smoking,
sucking, chewing or snuffing, or by any other means of consumption.
SEC. 5. Coverage. – This Act is only applicable to tobacco products that
are locally manufactured or imported and introduced in the Philippine
market. Cigarettes intended or offered for export shall only be subject to
the requirement that one (1) side panel of the mastercases,
reams/cartons, and one (1) side panel of each cigarette pack primarily
intended for retail sale to consumers, shall contain the following markings
and information: “For sale only in ______”, “Made under authority
of______”, tax number assigned by the Bureau of Internal Revenue (BIR)
to the domestic manufacturer that exports tobacco products and fiscal
and regulatory marking requirements of the country where the tobacco
products will be ultimately sold.
SEC. 6. Graphic Health Warnings. – One (1) year after the issuance of
the templates by the Department of Health (DOH), cigarette packages
and other tobacco product packages, including package inserts and
onserts, and any outside packaging and labelling, withdrawn from the
manufacturing facilities, or imported into the Philippine customs territory
shall bear the prescribed highly visible full-color Graphic Health
Warnings, that shall have two (2) components: a photographic picture
warning and an accompanying textual warning that is related to the
picture.
(a) The Graphic Health Warnings shall be printed on fifty percent (50%)
of the principal display surfaces of any tobacco package; it shall occupy
fifty percent (50%) of the front and fifty percent (50%) of the back panel
of the packaging, as described in Section 4;
(b) The Graphic Health Warnings shall be located at the lower portions of
the said panels or Principal Display Areas;
(c) Nothing shall be printed or applied on a location where it is likely to
obscure or cover, in part or in whole, the Graphic Health Warnings or the
location where the internal revenue strip stamp is to be affixed as may be
required by the BIR;
(d) No part of the warning may be obliterated, obscured, folded, severed
or become unreadable when the tobacco package is opened or closed or
when a wrapper on the package is removed;
(e) The Graphic Health Warnings shall be printed in four colors /-cmyk-/
screen 133 lines per inch based on a source file of 300 dpi;
(f) The printing of the Graphic Health Warnings shall be done using
current available technology for purposes of providing vivid and realistic
pictures, without the use of any border, frame or any other design that
will effectively lessen the size of the warning;
The Graphic Health Warnings shall be printed or inscribed on the
package in a color which contrasts conspicuously with the background of
the package or its labels;
(g) A maximum of twelve (12) templates of Graphic Health Warnings shall
be printed simultaneously and these shall be rotated periodically for each
brand family and also for each variant, so that every twenty-four (24)
months, the variations of the warnings shall appear in the market with
approximately equal frequency and equal display of health warnings and
messages on retail packages; and
(h) Graphic Health Warnings specifications –
(1) The text warning accompanying the photographic picture warning
shall be worded in such manner that an ordinary layman will understand
what the picture is about and what the ill-effects of smoking are on the
health of the smoker and on the people around him;
(2) The text warning shall be placed on areas of the photograph where it
will not obscure the picture itself but will be prominently displayed;
(3) The text shall use no more than twenty percent (20%) of the entire
area of the Graphic Health Warnings and shall appear in clearly legible
type and in contrast by typograph, layout and color, without the use of
any border, frame or any other design that will effectively lessen the size
of the textual warning; and
(4) The accompanying text shall be printed in Filipino on the front panel
and English on the back panel. In the case of other containers where
there is only one (1) external surface area, the accompanying text will
alternately be in English or Filipino.
SEC. 7. Side Panel. – Cigarette packages and other tobacco product
packages found in the market, shall bear, on one (1) side panel,
additional information which shall be issued by the DOH together with the
templates in accordance with Section 15 of this Act, namely; additional
health warnings, hotlines or websites for tobacco-related concerns, or
tips on how to stop smoking. This information shall be prominently
displayed and the text thereto shall appear in clearly legible type and in
contrast by typograph, layout and color, without the use of any border or
frame or any other design that will effectively lessen the size of the
additional health warnings: Provided, That such additional information
shall not occupy more than thirty percent (30%) of the display surface of
one (1) side panel. This is in addition to any fiscal markings as may be
required by other government agencies such as the BIR.
SEC. 8. Descriptors. – One (1) year after the issuance of the templates
by the DOH, no cigarette packs or other tobacco product packages
withdrawn from a manufacturing facility or imported into the Philippine
customs territory, shall bear any number or descriptor such as, “low tar”,
“light”, “ultra-light”, or “mild”, “extra”, “ultra”, and similar terms in any
language that claims or misleads a consumer to believe that a tobacco
product or variant is healthier, safer or less harmful.
SEC. 9. Costs. – All printing costs pertaining to packaging and labelling
shall be shouldered by tobacco manufacturers and/or importers.
SEC. 10. Prohibition on Sales. – No person or legal entity shall sell or
commercially distribute or display any cigarette or tobacco product
without ensuring that the labels and packages, as well as any other
container used in displaying the cigarette or tobacco products, meet the
requirements under this Act. Manufacturers, importers, retailers and
distributors of tobacco products shall ensure the removal from all displays
of noncompliant tobacco products manufactured, imported, distributed or
sold by them eight (8) months after the Graphic Health Warnings are
required, as mandated under Section 6.
Noncompliant packages thereafter found in the market on display, for
sale or distribution shall be subject to removal and/or confiscation.
SEC. 11. Prohibition on Obstruction of Display. – No person or legal
entity shall obscure or cover in part or in whole the Graphic Health
Warnings in the selling areas. The Graphic Health Warnings shall be
prominently displayed whenever the said packages are commercially
displayed.
SEC. 12. Liability of Manufacturers, Importers, and Distributors. –
Manufacturers, importers, and distributors of tobacco products shall be
directly liable for any violations of the provisions of this Act. In the case
of a business entity or establishment, the chairperson of the Board of
Directors, the president, manager and the corporate officials thereof,
owner in the case of a sole proprietorship, and partners in the case of a
partnership shall be directly responsible therefore and shall be made
accountable when such officials directly participated in violating any
provision of this Act. Agents/ representatives of the aforecited
manufacturers, importers, and distributors who commit any violation of
the provisions of this Act and. its implementing rules shall be jointly and
severally liable with the manufacturers, importers, and distributors:
SEC. 13. Liability of Retailers and Sellers. – Retailers and sellers of
tobacco products shall be directly liable for violations of Sections 10 and
11 of this Act. In the case of a business entity or establishment, the
chairperson of the Board of Directors, the president, manager and the
corporate officials thereof, owner in the case of sole proprietorship, and
partners in the case of a partnership shall be directly responsible and
shall be made accountable.
SEC. 14. Penalties for Noncompliance. –
(a) The following penalties shall individually apply to manufacturers,
importers, and distributors of tobacco products as well as their
agents/representatives for any violation of Sections 6 and 7, and Section
11 insofar as they areresponsible for providing display materials that are
in violation of this Act:
(1) On the first offense, a fine of not more than Five hundred thousand
pesos (P500,000.00);
(2) On the second offense, a fine of not more than One million pesos
(P1,000,000.00); and
(3) On the third offense, a fine of not more than Two million pesos
(P2,000,000.00) or imprisonment of not more than five (5) years, or both,
at the discretion of the court: Provided, That the business permits and
licenses, in the case of a business entity or establishment shall be
revoked or cancelled.
If the guilty officer is a foreign national, he shall be deported after service
of sentence and/or payment of applicable fines without need of further
deportation proceedings and shall be permanently barred from re-
entering the Philippines.
Each withdrawal or importation into the Philippine customs territory of
noncompliant tobacco packages, regardless of size, for sale to the
market, after the compliance date shall constitute one (1) offense. An
additional penalty of One hundred thousand pesos (P100,000.00) per
day shall be imposed for each day the violation continues after having
received the order from the Department of Trade and Industry (DTI)
notifying the company of the infraction.
(b) The following penalties shall individually apply to retailers/sellers of
tobacco products as well as their agents/ representatives for any violation
of Sections 6 and 7 of this Act, insofar as they are involved in the display,
offering for sale and selling of the covered products, as well as Section
11 of this Act:
(1) On the first offense, a fine of not more than Ten thousand pesos
(P10,000.00);
(2) On the second offense, a fine of not more than Fifty thousand pesos
(P50,000.00); and
(3) On the third offense, a fine of not more than One hundred thousand
pesos (P100,000.00) or imprisonment of not more than one (1) year, or
both, at the discretion of the court. The business permits and licenses, in
the case of a business entity or establishment shall be revoked or
cancelled.
Each day that noncompliant tobacco packages are found in the retail
establishments of the retailers after the compliance date shall constitute
one (1) offense. An additional penalty of Five thousand pesos
(P5,000.00), per day shall be imposed for each day the violation
continues after having received the order from the DTI notifying the
retailers of the infraction.
(c) The imposition of the fines shall take into consideration the annual
gross sales, capital investment and employee size of the manufacturers,
importers and distributors, and in the case of retailers and sellers, their
total assets.
SEC. 15. Graphic Health Warnings Templates and Timeline. – Thirty
days (30) days after the effectivity of this Act, the DOH shall issue a
maximum of twelve (12) templates of Graphic Health Warnings to be
rotated, as well as guidelines with respect to the specific pictures, design,
or content of the information relating to the Graphic Health Warnings, and
other information that must appear in the tobacco product packages. The
DOH shall consider the recommendations of leading nongovernment
organizations (NGOs) that have established and proven records of
dealing with tobacco-related diseases and deaths. All Graphic Health
Warnings issued shall comply with the specifications above and must
always present the devastating effects of tobacco use and exposure to
tobacco smoke.
Under Section 6, manufacturers are given a period of one (1) year from
the issuance of the initial set of templates to comply therewith. The initial
set of templates is valid for two (2) years from implementation.
Within one (1) year from the effectivity of the initial set of templates, the
DOH shall issue a new set of templates which will take effect upon
expiration of the initial set. These new templates shall be valid for two (2)
years and so on.
Eight (8) months after the validity of the initial set of templates, no person
or legal entity shall sell or commercially distribute or display any cigarette
or tobacco product without ensuring that the labels and packages, as well
as any other container used in displaying the cigarette or tobacco
products, meet the requirements under this Act, as mandated under
Section 10 of this Act.
SEC. 16. Implementing Agencies. – For purposes of the implementation
of this Act, the following government agencies are given these mandates:
(1) The DOH shall issue the templates as required under Sections 6, 7
and 15.
(2) The BIR shall ensure that cigarette stamps are not affixed on
noncompliant packages and shall certify under oath that the products
withdrawn are compliant with this Act.
(3) The Inter-Agency Committee on Tobacco (IAC-T) created under
Republic Act No. 9211 or the Tobacco. Regulation Act of 2003 shall
monitor compliance with the law, and motu proprio or upon any sworn
written complaint, institute the appropriate action for any violation of this
Act as provided under Section 14 and this section.
(4) The DTI shall hear complaints filed by the IAC-T or any private citizen, SEC. 20. Repealing Clause. – Section 13 on Warning on Cigarette
corporation or organization, for any violation of this Act, and after notice Packages of Republic Act No. 9211, DOH Administrative Order No. 2010-
and hearing, impose administrative fines of not more than Two million 0013 and BIR Revenue Regulations No. 3-2006, Sections 18(e) and
pesos (P2,000,000.00) for any violation of this Act, the proceeds of which 23(a)(1)(b) are hereby repealed. All other laws, decrees, executive orders
will be used for health promotion campaigns on tobacco control of the and other administrative issuances and parts thereof which are
DOH and the Department of Education (DepED). The imposition of the inconsistent with the provisions of this Act are hereby modified,
administrative fines shall take into consideration the annual gross sales, superseded or repealed accordingly.
capital investment and employee size of the manufacturers, importers
and distributors, and in the case of retailers and sellers, their total assets. SEC. 21. Compliance with Existing International Conventions. – Nothing
in this Act shall modify the measures adopted to give effect to the
(5) The DepED shall use Graphic Health Warnings templates to educate obligations of the Philippines under international conventions existing at
children on the ill-effects of tobacco and shall ensure that these are the time of the enactment of this Act.
included in relevant subjects under the K-12 curriculum.
SEC. 22. Effectivity. – This Act shall take effect fifteen (15) days following
Within six (6) months from the effectivity of this Act, the Implementing its publication in the Official Gazette or in a major daily newspaper of
Rules and Regulations (IRR) Committee led by the DOH and the DTI, national circulation in the Philippine
and to be composed of the Department of Justice (DOJ), the Department
of Finance (DOF), the Department of Environment and Natural
Resources (DENR), the Department of Science and Technology (DOST),
the DepED, the National Tobacco Administration (NTA) and the
Department of Agriculture (DA) shall draft and issue the IRR for its
effective implementation, after public consultations with stakeholders
such as NGOs, farmers, and industry representatives: Provided, That the
non-issuance of the IRR shall not prevent the coming into force of this
Act.

SEC. 17. Creation of Oversight Congressional Committee. – A

Congressional Oversight Committee co-chaired by the Senate
Committee on Health and Demography and the House Committee on
Health, is hereby constituted to monitor and review the implementation of
this Act.

SEC. 18. Strict Compliance and Inspections. – Absolutely no extensions

of time to comply with the provisions of this Act shall be granted to
tobacco manufacturers and importers or any other affected party.

SEC. 19. Separability Clause. – If any clause, provision, paragraph or

part thereof shall be declared unconstitutional or invalid, such judgment
shall not affect, invalidate or impair any other part hereof but such
judgment shall be merely confined to the clause, provision, paragraph or
part directly involved in the controversy in which such judgment has been
rendered.
 REPUBLIC ACT NO. 10351
Republic of the Philippines
Congress of the Philippines
Metro Manila
Fifteenth Congress
Third Regular Session
Begun and held in Metro Manila, on Monday, the twenty third day of
July, two thousand twelve.
[REPUBLIC ACT NO. 10351]
AN ACT RESTRUCTURING THE EXCISE TAX ON ALCOHOL AND
TOBACCO PRODUCTS BY AMENDING SECTIONS 141, 142, 143,
144, 145, 8, 131 AND 288 OF REPUBLIC ACT NO. 8424.
OTHERWISE KNOWN AS THE NATIONAL INTERNAL REVENUE
CODE OF 1997, AS AMENDED BY REPUBLIC ACT NO. 9334, AND
FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the
Philippines in Congress assembled:
SECTION 1. Section 141 of the National Internal Revenue Code of 1997,
as amended by Republic Act No. 9334, is hereby further amended to read
as follows:
“SEC. 141. Distilled Spirits. – On distilled spirits, subject to the provisions
of Section 133 of this Code, an excise tax shall be levied, assessed and
collected based on the following schedules:
“(a) Effective on January 1, 2013
“(1) An ad valorem tax equivalent to fifteen percent (15%) of the net retail
price (excluding the excise tax and the value-added tax) per proof; and
“(2) In addition to the ad valorem tax herein imposed, a specific tax of
Twenty pesos (P20.00) per proof liter.
“(b) Effective on January 1, 2015
“(1) An ad valorem tax equivalent to twenty percent (20%) of the net retail
price (excluding the excise tax and the value-added tax) per proof; and
“(2) In addition to the ad valorem tax herein imposed, a specific tax of
Twenty pesos (P20.00) per proof liter.
“(c) In addition to the ad valorem tax herein imposed, the specific tax rate
of Twenty pesos (P20.00) imposed under this Section shall be increased
by four percent (4%) every year thereafter effective on January 1, 2016,
through revenue regulations issued by the Secretary of Finance.
“Medicinal preparations, flavoring extracts, and all other preparations,
except toilet preparations, of which, excluding water, distilled spirits form
the chief ingredient, shall be subject to the same tax as such chief
ingredient.
“This tax shall be proportionally increased for any strength of the spirits
taxed over proof spirits, and the tax shall attach to this substance as soon
as it is in existence as such, whether it be subsequently separated as
pure or impure spirits, or transformed into any other substance either in
the process of original production or by any subsequent process.
” ‘Spirits or distilled spirits’ is the substance known as ethyl alcohol,
ethanol or spirits of wine, including all dilutions, purifications and mixtures
thereof, from whatever source, by whatever process produced, and shall
include whisky, brandy, rum, gin and vodka, and other similar products
or mixtures.
” ‘Proof spirits’ is liquor containing one-half (1/2) of its volume of alcohol
of a specific gravity of seven thousand nine hundred and thirty-nine ten
thousandths (0.7939) at fifteen degrees centigrade (15°C). A ‘proof liter’
means a liter of proof spirits.
” ‘Net retail price’ shall mean the price at which the distilled spirits is sold
on retail in at least five (5) major supermarkets in Metro Manila, excluding
the amount intended to cover the applicable excise tax and the value-
added tax. For distilled spirits which are marketed outside Metro Manila,
the ‘net retail price’ shall mean the price at which the distilled spirits is
sold in at least five (5) major supermarkets in the region excluding the
amount intended to cover the applicable excise tax and the value-added
tax.
“Major supermarkets, as contemplated under this Act, shall be those with
the highest annual gross sales in Metro Manila or the region, as the case
may be, as determined by the National Statistics Office, and shall exclude
retail outlets or kiosks, convenience or sari-sari stores, and others of a
similar nature: Provided, That no two (2) supermarkets in the list to be
surveyed are affiliated and/or branches of each other: Provided,
finally, That in case a particular distilled spirit is not sold in major
supermarkets, the price survey can be conducted in retail outlets where
said distilled spirit is sold in Metro Manila or the region, as the case may
be, upon the determination of the Commissioner of Internal Revenue.
“The net retail price shall be determined by the Bureau of Internal
Revenue (B1R) through a price survey under oath.
“The methodology and all pertinent documents used in the conduct of the
latest price survey shall be submitted to the Congressional Oversight
Committee on the Comprehensive Tax Reform Program created under
Republic Act No. 8240.
“Understatement of the suggested net retail price by as much as fifteen
percent (15%) of the actual net retail price shall render the manufacturer
or importer liable for additional excise tax equivalent to the tax due and
difference between the understated suggested net retail price and the
actual net retail price.
“Distilled spirits introduced in the domestic market after the effectivity of
this Act shall be initially taxed according to their suggested net retail
prices.
” ‘Suggested net retail price’ shall mean the net retail price at which locally
manufactured or imported distilled spirits are intended by the
manufacturer or importer to be sold on retail in major supermarkets or
retail outlets in Metro Manila for those marketed nationwide, and in other
regions, for those with regional markets. At the end of three (3) months
from the product launch, the Bureau of Internal Revenue shall validate
the suggested net retail price of the new brand against the net retail price
as defined herein and initially determine the correct tax on a newly
introduced distilled spirits. After the end of nine (9) months from such
validation, , the Bureau of Internal Revenue shall revalidate the initially
validated net retail price against the net retail price as of the time of
revalidation in order to finally determine the correct tax on a newly
introduced distilled spirits.
“All distilled spirits existing in the market at the time of the effectivity of
this Act shall be taxed according to the tax rates provided above based
on the latest price survey of the distilled spirits conducted by the Bureau
of Internal Revenue.
“The methodology and all pertinent documents used in the conduct of the
latest price survey shall be submitted to the Congressional Oversight
Committee on the Comprehensive Tax Reform Program created under
Republic Act No. 8240.
“Manufacturers and importers of distilled spirits shall, within thirty (30)
days from the effectivity of this Act, and within the first five (5) days of
every third month thereafter, submit to the Commissioner a sworn
statement of the volume of sales for each particular brand of distilled
spirits sold at his establishment for the three-month period immediately
preceding.
“Any manufacturer or importer who, in violation of this Section,
misdeclares or misrepresents in his or its sworn statement herein
required any pertinent data or information shall, upon final findings by the
Commissioner that the violation was committed, be penalized by a
summary cancellation or withdrawal of his or its permit to engage in
business as manufacturer or importer of distilled spirits.
“Any corporation, association or partnership liable for any of the acts or
omissions in violation of this Section shall be fined treble the amount of
deficiency taxes, surcharges and interest which may be assessed
pursuant to this Section.
“Any person liable for any of the acts or omissions prohibited under this
Section shall be criminally liable and penalized under Section 254 of this
Code. Any person who willfully aids or abets in the commission of any
such act or omission shall be criminally liable in the same manner as the
principal.
“If the offender is not a citizen of the Philippines, he shall be deported
immediately after serving the sentence, without further proceedings for
deportation.”
SEC. 2. Section 142 of the National Internal Revenue Code of 1997, as
amended by Republic Act No. 9334, is hereby further amended to read
as follows:
“SEC. 142. Wines. – On wines, there shall be collected per liter of volume
capacity effective on January 1, 2013, the following excise taxes:
“(a) Sparkling wines/champagnes regardless of proof, if the net retail
price per bottle of seven hundred fifty milliliter (750 ml.) volume capacity
(excluding the excise tax and the value-added tax) is:
“(1) Five hundred pesos (P500.00) or less -Two hundred fifty pesos
(P250.00); and
“(2) More than Five hundred pesos (P500.00) – Seven hundred pesos
(P700.00).
“(b) Still wines and carbonated wines containing fourteen percent (14%)
of alcohol by volume or less, Thirty pesos (P30.00); and
“(c) Still wines and carbonated wines containing more than fourteen
percent (14%) but not more than twenty-five percent (25%) of alcohol by
volume, Sixty pesos (P60.00).
“The rates of tax imposed under this Section shall be increased by four
percent (4%) every year thereafter effective on January 1, 2014, through
revenue regulations issued by the Secretary of Finance.
“Fortified wines containing more than twenty-five percent (25%) of
alcohol by volume shall be taxed as distilled spirits. ‘Fortified wines’ shall
mean natural wines to which distilled spirits are added to increase their
alcohol strength.
” ‘Net retail price’ shall mean the price at which sparkling
wine/champagne is sold on retail in at least five (5) major supermarkets
in Metro Manila, excluding the amount intended to cover the applicable
excise tax and the value-added tax. For sparkling wines/champagnes
which are marketed outside Metro Manila, the ‘net retail price’ shall mean
the price at which the wine is sold in at least five (5) major supermarkets
in the region excluding the amount intended to cover the applicable
excise tax and the value-added tax.
“Major supermarkets, as contemplated under this Act, shall be those with
the highest annual gross sales in Metro Manila or the region, as the case
may be, as determined by the National Statistics Office, and shall exclude
retail outlets or kiosks, convenience or sari-sari stores, and others of a
similar nature: Provided, That no two (2) supermarkets in the list to be
surveyed are affiliated and/or branches of each other: Provided,
finally, That in case a particular sparkling wine/champagne is not sold in
major supermarkets, the price survey can be conducted in retail outlets
where said sparkling wine/champagne is sold in Metro Manila or the
region, as the case may be, upon the determination of the Commissioner
of Internal Revenue.
“The net retail price shall be determined by the Bureau of Internal
Revenue through a price survey under oath.
“The methodology and all pertinent documents used in the conduct of the
latest price survey shall be submitted to the Congressional Oversight
Committee on the Comprehensive Tax Reform Program created under
Republic Act No. 8240.
“Understatement of the suggested net retail price by as much as fifteen
percent (15%) of the actual net retail price shall render the manufacturer
or importer liable for additional excise tax equivalent to the tax due and
difference between the understated suggested net retail price and the
actual net retail price.
“Sparkling wines/champagnes introduced in the domestic market after
the effectivity of this Act shall be initially tax classified according to their
suggested net retail prices.
” ‘Suggested net retail price’ shall mean the net retail price at which locally
manufactured or imported sparkling wines/champagnes are intended by
the manufacturer or importer to be sold on retail in major supermarkets
or retail outlets in Metro Manila for those marketed nationwide, and in
other regions, for those with regional markets. At the end of three (3)
months from the product launch, the Bureau of Internal Revenue shall
validate the suggested net retail price of the sparkling wine/champagne
against the net retail price as defined herein and initially determine the
correct tax bracket to which a newly introduced sparkling
wine/champagne shall be classified. After the end of nine (9) months from
such validation, the Bureau of Internal Revenue shall revalidate the
initially validated net retail price against the net retail price as of the time
of revalidation in order to finally determine the correct tax bracket to which
a newly introduced sparkling wine/champagne shall be classified.
“The proper tax classification of sparkling wines/champagnes, whether
registered before or after the effectivity of this Act, shall be determined
every two (2) years from the date of effectivity of this Act.
“All sparkling wines/champagnes existing in the market at the time of the
effectivity of this Act shall be classified according to the net retail prices
and the tax rates provided above based on the latest price survey of the
sparkling wines/champagnes conducted by the Bureau of Internal
Revenue.
“The methodology and all pertinent documents used in the conduct of the
latest price survey shall be submitted to the Congressional Oversight
Committee on the Comprehensive Tax Reform Program created under
Republic Act No. 8240.
“Manufacturers and importers of wines shall, within thirty (30) days from
the effectivity of this Act, and within the first five (5) days of every month
thereafter, submit to the Commissioner a sworn statement of the volume
of sales for each particular brand of wines sold at his establishment for
the three-month period immediately preceding.
“Any manufacturer or importer who, in violation of this Section,
misdeclares or misrepresents in his or its sworn statement herein
required any pertinent data or information shall, upon final findings by the
Commissioner that the violation was committed be penalized by a
summary cancellation or withdrawal of his or its permit to engage in
business as manufacturer or importer of wines.
“Any corporation, association or partnership liable for any of the acts or
omissions in violation of this Section shall be fined treble the amount of
deficiency taxes, surcharges and interest which may be assessed
pursuant to this Section.
“Any person liable for any of the acts or omissions prohibited under this
Section shall be criminally liable and penalized under Section 254 of this
Code. Any person who willfully aids or abets in the commission of any
such act or omission shall be criminally liable in the same manner as the
principal.
“If the offender is not a citizen of the Philippines, he shall be deported
immediately after serving the sentence, without further proceedings for
deportation.”
SEC. 3. Section 143 of the National Internal Revenue Code of 1997, as
amended by Republic Act No. 9334, is hereby further amended to read
as follows:
“SEC. 143. Fermented Liquors. – There shall be levied, assessed and
collected an excise tax on beer, lager beer, ale, porter and other
fermented liquors except tuba, basi, tapuy and similar fermented liquors
in accordance with the following schedule:
“Effective on January 1, 2013
“(a) If the net retail price (excluding the excise tax and the value-added
tax) per liter of volume capacity is Fifty pesos and sixty centavos (P50.60)
or less, the tax shall be Fifteen pesos (P15.00) per liter; and
“(b) If the net retail price (excluding the excise tax and the value-added
tax) per liter of volume capacity is more than Fifty pesos and sixty
centavos (P50.60), the tax shall be Twenty pesos (P20.00) per liter.
“Effective on January 1, 2014
“(a) If the net retail price (excluding the excise tax and the value-added
tax) per liter of volume capacity is Fifty pesos and sixty centavos (P50.60)
or less, the tax shall be Seventeen pesos (P17.00) per liter; and
“(b) If the net retail price (excluding the excise tax and the value-added
tax) per liter of volume capacity is more than Fifty pesos and sixty
centavos (P50.60), the tax shall be Twenty-one pesos (P21.00) per liter.
“Effective on January 1, 2015
“(a) If the net retail price (excluding the excise tax and the value-added
tax) per liter of volume capacity is Fifty pesos and sixty centavos (P50.60)
or less, the tax shall be Nineteen pesos (P19.00) per liter; and
“(b) If the net retail price (excluding the excise tax and the value-added
tax) per liter of volume capacity is more than Fifty pesos and sixty
centavos (P50.60), the tax shall be Twenty-two pesos (P22.00) per liter.
“Effective on January 1, 2016
“(a) If the net retail price (excluding the excise tax and the value-added
tax) per liter of volume capacity is Fifty pesos and sixty centavos (P50.60)
or less, the tax shall be Twenty-one pesos (P21.00) per liter; and
“(b) If the net retail price (excluding the excise tax and the value-added
tax) per liter of volume capacity is more than Fifty pesos and sixty
centavos (P50.60), the tax shall be Twenty-three pesos (P23.00) per liter.
“Effective on January 1, 2017, the tax on all fermented liquors shall be
Twenty-three pesos and fifty centavos (P23.50) per liter.
“The rates of tax imposed under this Section shall be increased by four
percent (4%) every year thereafter effective on January 1, 2018, through
revenue regulations issued by the Secretary of Finance. However, in
case of fermented liquors affected by the ‘no downward reclassification’
provision prescribed under this Section, the four percent (4%) increase
shah apply to their respective applicable tax rates.
“Fermented liquors which are brewed and sold at micro-breweries or
small establishments such as pubs and restaurants shall be subject to
the rate of Twenty-eight pesos (P28.00) per liter effective on January 1,
2013: Provided, That this rate shall be increased by four percent (4%)
every year thereafter effective on January 1, 2014, through revenue
regulations issued by the Secretary of Finance.
“Fermented liquors introduced in the domestic market after the effectivity
of this Act shall be initially tax classified according to their suggested net
retail prices.
” ‘Suggested net retail price’ shall mean the net retail price at which locally
manufactured or imported fermented liquor are intended by the
manufacturer or importer to be sold on retail in major supermarkets or
retail outlets in Metro Manila for those marketed nationwide, and in other
regions, for those with regional markets. At the end of three (3) months
from the product launch, the Bureau of Internal Revenue shall validate
the suggested net retail price of the newly introduced fermented liquor
against the net retail price as defined herein and initially determine the
correct tax bracket to which a newly introduced fermented liquor, as
defined above, shall be classified. After the end of nine (9) months from
such validation, the Bureau of Internal Revenue shall revalidate the
initially validated net retail price against the net retail price as of the time
of revalidation in order to finally determine the correct tax bracket which
a newly introduced fermented liquor shall be classified.
” ‘Net retail price’ shall mean the price at which the fermented liquor is
sold on retail in at least five (5) major supermarkets in Metro Manila (for
brands of fermented liquor marketed nationally), excluding the amount
intended to cover the applicable excise tax and the value-added tax. For
brands which are marketed outside Metro Manila, the ‘net retail price’
shall mean the price at which the fermented liquor is sold in at least five
(5) major supermarkets in the region excluding the amount intended to
cover the applicable excise tax and the value-added tax.
“Major supermarkets, as contemplated under this Act, shall be those with
the highest annual gross sales in Metro Manila or the region, as the case
may be, as determined by the National Statistics Office, and shall exclude
retail outlets or kiosks, convenience or sari-sari stores, and others of a
similar nature: Provided, That no two (2) supermarkets in the list to be
surveyed are affiliated and/or branches of each other: Provided,
finally, That in case a particular fermented liquor is not sold in major
supermarkets, the price survey can be conducted in retail outlets where
said fermented liquor is sold in Metro Manila or the region, as the case
may be, upon the determination of the Commissioner of Internal
Revenue.
“The net retail price shall be determined by the Bureau of Internal
Revenue (BIR) through a price survey under oath.
“The methodology and all pertinent documents used in the conduct of the
latest price survey shall be submitted to the Congressional Oversight
Committee on the Comprehensive Tax Reform Program created under
Republic Act No. 8240.
“Understatement of the suggested net retail price by as much as fifteen
percent (15%) of the actual net retail price shall render the manufacturer
or importer liable for additional excise tax equivalent to the tax due and
difference between the understated suggested net retail price and the
actual net retail price.
“Any downward reclassification of present categories, for tax purposes,
of fermented liquors duly registered at the time of the effectivity of this
Act which will reduce the tax imposed herein, or the payment thereof,
shall be prohibited.
“The proper tax classification of fermented liquors, whether registered
before or after the effectivity of this Act, shall be determined every two (2)
years from the date of effectivity of this Act.
“All fermented liquors existing in the market at the time of the effectivity
of this Act shall be classified according to the net retail prices and the tax
rates provided above based on the latest price survey of the fermented
liquors conducted by the Bureau of Internal Revenue.
“The methodology and all pertinent documents used in the conduct of the
latest price survey shall be submitted to the Congressional Oversight
Committee on the Comprehensive Tax Reform Program created under
Republic Act No. 8240.
“Every brewer or importer of fermented liquor shall, within thirty (30) days
from the effectivity of this Act, and within the first five (5) days of every
month thereafter, submit to the Commissioner a sworn statement of the
volume of sales for each particular brand of fermented liquor sold at his
establishment for the three-month period immediately preceding.
“Any brewer or importer who, in violation of this Section, misdeclares or
misrepresents in his or its sworn statement herein required any pertinent
data or information shall, upon final findings by the Commissioner that
the violation was committed, be penalized by a summary cancellation or
withdrawal of his or its permit to engage in business as brewer or importer
of fermented liquor.
“Any corporation, association or partnership liable for any of the acts or
omissions in violation of this Section shall be fined treble the amount of
deficiency taxes, surcharges and interest which may be assessed
pursuant to this Section.
“Any person liable for any of the acts or omissions prohibited under this
Section shall be criminally liable and penalized under Section 254 of this
Code. Any person who willfully aids or abets in the commission of any
such act or omission shall be criminally liable in the same manner as the
principal.
“If the offender is not a citizen of the Philippines, he shall be deported
immediately after serving the sentence, without further proceedings for
deportation.”
SEC. 4. Section 144 of the National Internal Revenue Code of 1997, as
amended by Republic Act No. 9334, is hereby further amended to read
as follows:
“SEC. 144. Tobacco Products. – There shall be collected an excise tax
of One peso and seventy-five centavos (P1.75) effective on January 1,
2013 on each kilogram of the following products of tobacco:
“(a) Tobacco twisted by hand or reduced into a condition to be consumed
in any manner other than the ordinary mode of drying and curing;
“(b) Tobacco prepared or partially prepared with or without the use of any
machine or instruments or without being pressed or sweetened except
as otherwise provided hereunder; and
“(c) Fine-cut shorts and refuse, scraps, clippings, cuttings, stems and
sweepings of tobacco except as otherwise provided hereunder.
“Stemmed leaf tobacco, tobacco prepared or partially prepared with or
without the use of any machine or instrument or without being pressed or
sweetened, fine-cut shorts and refuse, scraps, clippings, cuttings, stems,
midribs, and sweepings of tobacco resulting from the handling or
stripping of whole leaf tobacco shall be transferred, disposed of, or
otherwise sold, without any prepayment of the excise tax herein provided
for, if the same are to be exported or to be used in the manufacture of
cigars, cigarettes, or other tobacco products on which the excise tax will
eventually be paid on the finished product, under such conditions as may
be prescribed in the rules and regulations promulgated by the Secretary
of Finance, upon recommendation of the Commissioner.
“On tobacco specially prepared for chewing so as to be unsuitable for use
in any other manner, on each kilogram, One peso and fifty centavos
(P1.50) effective on January 1, 2013.
“The rates of tax imposed under this Section shall be increased by four
percent. (4%) every year thereafter effective on January 1, 2014, through
revenue regulations issued by the Secretary of Finance.
“No tobacco products manufactured in the Philippines and produced for
export shall be removed from their place of manufacture or exported
without posting of an export bond equivalent to the amount of the excise
tax due thereon if sold domestically: Provided, however, That tobacco
products for export may be transferred from the place of manufacture to
a bonded facility, upon posting of a transfer bond, prior to export.
“Tobacco products imported into the Philippines and destined for foreign
countries shall not be allowed entry without posting a bond equivalent to
the amount of customs duty, excise and value-added taxes due thereon
if sold domestically.
“Manufacturers and importers of tobacco products shall, within thirty (30)
days from the effectivity of this Act, and within the first five (5) days of
every month thereafter, submit to the Commissioner a sworn statement
of the volume of sales for each particular brand of tobacco products sold
for the three-month period immediately preceding.
“Any manufacturer or importer who, in violation of this Section,
misdeclares or misrepresents hi his or its sworn statement herein
required any pertinent data or information shall, upon final findings by the
Commissioner that the violation was committed, be penalized by a
summary cancellation or withdrawal of his or its permit to engage in
business as manufacturer or importer of cigars or cigarettes.
“Any corporation, association or partnership liable for any of the acts or
omissions in violation of this Section shall be fined treble the amount of
deficiency taxes, surcharges and interest which may be assessed
pursuant to this Section.
“Any person liable for any of the acts or omissions prohibited under this
Section shall be criminally liable and penalized under Section 254 of this
Code. Any person who willfully aids or abets in the commission of any
such act or omission shall be criminally liable in the same manner as the
principal.
“If the offender is not a citizen of the Philippines, he shall be deported
immediately after serving the sentence, without further proceedings for
deportation.”
SEC. 5. Section 145 of the National Internal Revenue Code of 1997, as
amended by Republic Act No. 9334, is hereby further amended to read
as follows:
“SEC. 145. Cigars and Cigarettes. –
“(A) Cigars. – There shall be levied, assessed and collected on cigars an
excise tax in accordance with the following schedule:
“(1) Effective on January 1, 2013
“(a) An ad valorem tax equivalent to twenty percent (20%) of the net retail
price (excluding the excise tax and the value-added tax) per cigar; and
“(b) In addition to the ad valorem tax herein imposed, a specific tax of
Five pesos (P5.00) per cigar.
“(2) In addition to the ad valorem tax herein imposed, the specific tax rate
of Five pesos (P5.00) imposed under this subsection shall be increased
by four percent (4%) effective on January 1, 2014 through revenue
regulations issued by the Secretary of Finance.
“(B) Cigarettes Packed by Hand. – There shall be levied, assessed and
collected on cigarettes packed by hand an excise tax based on the
following schedules:
“Effective on January 1, 2013, Twelve pesos (P12.00) per pack;
“Effective on January 1, 2014, Fifteen pesos (P15.00) per pack;
“Effective on January 1, 2015, Eighteen pesos (P18.00) per pack;
“Effective on January 1, 2016, Twenty-one pesos (P21.00) per pack; and
“Effective on January 1, 2017, Thirty pesos (P30.00) per pack.
“The rates of tax imposed under this subsection shall be increased by
four percent (4%) every year* effective on January 1, 2018, through
revenue regulations issued by the Secretary of Finance.
“Duly registered cigarettes packed by hand shall only be packed in
twenties and other packaging combinations of not more than twenty.
” ‘Cigarettes packed by hand’ shall refer to the manner of packaging of
cigarette sticks using an individual person’s hands and not through any
other means such as a mechanical device, machine or equipment.
“(C) Cigarettes Packed by Machine. – There shall be levied, assessed
and collected on cigarettes packed by machine a tax at the rates
prescribed below:
“Effective on January 1, 2013
“(1) If the net retail price (excluding the excise tax and the value-added
tax) is Eleven pesos and fifty centavos (P11.50) and below per pack, the
tax shall be Twelve pesos (P12.00) per pack; and
“(2) If the net retail price (excluding the excise tax and the value-added
tax) is more than Eleven pesos and fifty centavos (P11.50) per pack, the
tax shall be Twenty-five pesos (P25.00) per pack.
“Effective on January 1, 2014
“(1) If the net retail price (excluding the excise tax and the value-added
tax) is Eleven pesos and fifty centavos (P11.50) and below per pack, the
tax shall be Seventeen pesos (P17.00) per pack; and
“(2) If the net retail price (excluding the excise tax and the value-added
tax) is more than Eleven pesos and fifty centavos (P11.50) per pack, the
tax shall be Twenty-seven pesos (P27.00) per pack.
“Effective on January 1, 2015
“(1) If the net retail price (excluding the excise tax and the value-added
tax) is Eleven pesos and fifty centavos (P11.50) and below per pack, the
tax shall be Twenty-one pesos (P21.00) per pack; and
“(2) If the net retail price (excluding the excise tax and the value-added
tax) is more than Eleven pesos and fifty centavos (P11.50) per pack, the
tax shall be Twenty-eight pesos (P28.00) per pack.
“Effective on January 1, 2016
“(1) If the net retail price (excluding the excise tax and the value-added
tax) is Eleven pesos and fifty centavos (P11.50) and below per pack, the
tax shall be Twenty-five pesos (P25.00) per pack; and
“(2) If the net retail price (excluding the excise tax and the value-added
tax) is more than Eleven pesos and fifty centavos (P11.50) per pack, the
tax shall be Twenty-nine pesos (P29.00) per pack.
“Effective on January 1, 2017, the tax on all cigarettes packed by machine
shall be Thirty pesos (P30.00) per pack.
“The rates of tax imposed under this subsection shall be increased by
four percent (4%) every year thereafter effective on January 1, 2018,
through revenue regulations issued by the Secretary of Finance.
“Duly registered cigarettes packed by machine shall only be packed in
twenties and other packaging combinations of not more than twenty.
“Understatement of the suggested net retail price by as much as fifteen
percent (15%) of the actual net retail price shall render the manufacturer
or importer liable for additional excise tax equivalent to the tax due and
difference between the understated suggested net retail price and the
actual net retail price.
“Cigarettes introduced in the domestic market after the effectivity of this
Act shall be initially tax classified according to their suggested net retail
prices.
” ‘Suggested net retail price’ shall mean the net retail price at which locally
manufactured or imported cigarettes are intended by the manufacturer or
importer to be sold on retail in major supermarkets or retail outlets in
Metro Manila for those marketed nationwide, and in other regions, for
those with regional markets. At the end of three (3) months from the
product launch, the Bureau of Internal Revenue shall validate the
suggested net retail price of the newly introduced cigarette against the
net retail price as defined herein and initially determine the correct tax
bracket under which a newly introduced cigarette shall be classified. After
the end of nine (9) months from such validation, the Bureau of Internal
Revenue shall revalidate the initially validated net retail price against the
net retail price as of the time of revalidation in order to finally determine
the correct tax bracket under which a newly introduced cigarette shall be
classified.
” ‘Net retail price’ shall mean the price at which the cigarette is sold on
retail in at least five (5) major supermarkets in Metro Manila (for brands
of cigarettes marketed nationally), excluding the amount intended to
cover the applicable excise tax and the value-added tax. For cigarettes
which are marketed only outside Metro Manila, the ‘net retail price’ shah
mean the price at which the cigarette is sold in at least five (5) major
supermarkets in the region excluding the amount intended to cover the
applicable excise tax and the value-added tax.
“Major supermarkets, as contemplated under this Act, shall be those with
the highest annual gross sales in Metro Manila or the region, as the case
may be, as determined by the National Statistics Office, and shall exclude
retail outlets or kiosks, convenience or sari-sari stores, and others of a
similar nature: Provided, That no two (2) supermarkets in the list to be
surveyed are affiliated and/or branches of each other: Provided,
finally, That in case a particular cigarette is not sold in major
supermarkets, the price survey can be conducted in retail outlets where
said cigarette is sold in Metro Manila or the region, as the case may be,
upon the determination of the Commissioner of Internal Revenue.
“The net retail price shall be determined by the Bureau of Internal
Revenue through a price survey under oath.
“The methodology and all pertinent documents used in the conduct of the
latest price survey shall be submitted to the Congressional Oversight
Committee on the Comprehensive Tax Reform Program created under
Republic Act No. 8240.
“The proper tax classification of cigarettes, whether registered before or
after the effectivity of this Act, shall be determined every two (2) years
from the date of effectivity of this Act.
“All cigarettes existing in the market at the time of the effectivity of this
Act shall be classified according to the net retail prices and the tax rates
provided above based on the latest price survey of cigarettes conducted
by the Bureau of Internal Revenue.
“The methodology and all pertinent documents used in the conduct of the
latest price survey shall be submitted to the Congressional Oversight
Committee on the Comprehensive Tax Reform Program created under
Republic Act No. 8240.
“No tobacco products manufactured in the Philippines and produced for
export shall be removed from their place of manufacture or exported
without posting of an export bond equivalent to the amount of the excise
tax due thereon if sold domestically: Provided, however, That tobacco
products for export may be transferred from the place of manufacture to
a bonded facility, upon posting of a transfer bond, prior to export.
“Tobacco products imported into the Philippines and destined for foreign
countries shall not be allowed entry without posting a bond equivalent to
the amount of customs duty, excise and value-added taxes due thereon
if sold domestically.
“Of the total volume of cigarettes sold in the country, any manufacturer
and/or seller of tobacco products must procure at least fifteen percent
(15%) of its tobacco leaf raw material requirements from locally grown
sources, subject to adjustments based on international treaty
commitments.
“Manufacturers and importers of cigars and cigarettes shall, within thirty
(30) days from the effectivity of this Act and within the first five (5) days
of every month thereafter, submit to the Commissioner a sworn statement
of the volume of sales for cigars and/or cigarettes sold for the three-month
period immediately preceding.
“Any manufacturer or importer who, in violation of this Section,
misdeclares or misrepresents in his or its sworn statement herein
required any pertinent data or information shall, upon final findings by the
Commissioner that the violation was committed, be penalized by a
summary cancellation or withdrawal of his or its permit to engage in
business as manufacturer or importer of cigars or cigarettes.
“Any corporation, association or partnership liable for any of the acts or
omissions in violation of this Section shall be fined treble the aggregate
amount of deficiency taxes, surcharges and interest which may be
assessed pursuant to this Section.
“Any person liable for any of the acts or omissions prohibited under this
Section shall be criminally liable and penalized under Section 254 of this
Code. Any person who willfully aids or abets in the commission of any
such act or omission shall be criminally liable in the same manner as the
principal.
“If the offender is not a citizen of the Philippines, he shall be deported
immediately after serving the sentence, without further proceedings for
deportation.”
SEC. 6. Section 8 of Republic Act No. 8424 or the National Internal
Revenue Code, as amended, is hereby further amended to read as
follows:
“SEC. 8. Duty of the Commissioner to Ensure the Provision and
Distribution of Forms, Receipts, Certificates, and Appliances, and the
Acknowledgment of Payment of Taxes. –
“(A) Provision and Distribution to Proper-Officials. – Any law to the
contrary notwithstanding, it shah be the duty of the Commissioner,
among other things, to prescribe, provide, and distribute to the proper
officials the requisite licenses; internal revenue stamps; unique, secure
and nonremovable identification markings (hereafter called unique
identification markings), such as codes or stamps, be affixed to or form
part of all unit packets and packages and any outside packaging of
cigarettes and bottles of distilled spirits; labels and other forms;
certificates; bonds; records; invoices; books; receipts; instruments;
appliances and apparatus used in administering the laws falling within
the jurisdiction of the Bureau. For this purpose, internal revenue stamps,
or other markings and labels shall be caused by the Commissioner to be
printed with adequate security features.
“Internal revenue stamps, whether of a bar code or fuson design, or other
markings shall be firmly and conspicuously affixed or printed on each
pack of cigars and cigarettes and bottles of distilled spirits subject to
excise tax in the manner and form as prescribed by the Commissioner,
upon approval of the Secretary of Finance.
“To further improve tax administration,’ cigarette and alcohol
manufacturers shall be required to install automated volume-counters of
packs and bottles to deter over-removals and misdeclaration of
removals.”
SEC. 7. Section 131, Subsection A of the National Internal Revenue
Code of 1997, as amended by Republic Act No. 9334, is hereby further
amended as follows:
“SEC. 131. Payment of Excise Taxes on. Imported Articles. –
“x x x
“The provision of any special or general law to the contrary
notwithstanding, the importation of cigars and cigarettes distilled spirits,
fermented liquors and wines into the Philippines, even if destined for tax
and duty-free shops, shall be subject to all applicable taxes, duties,
charges, including excise taxes due thereon. This shall apply to cigars
and cigarettes, distilled spirits, fermented liquors and wines brought
directly into the duly chartered or legislated freeports of the Subic Special
Economic and Freeport Zone, created under Republic Act No. 7227; the
Cagayan Special Economic Zone and Freeport, created under Republic
Act No. 7922; and the Zamboanga City Special Economic Zone, created
under Republic Act No. 7903, and such other freeports as may hereafter
be established or created by law: Provided, further, That notwithstanding
the provisions of Republic Act Nos. 9400 and 9593, importations of cigars
and cigarettes, distilled spirits, fermented liquors and wines made directly
by a government-owned and operated duty-free shop, like the Duty-Free
Philippines (DFP), shall be exempted from all applicable duties only:
x x x
“x x x
“Articles confiscated shall be destroyed using the most environmentally
friendly method available in accordance with the rules and regulations to
be promulgated by the Secretary of Finance, upon recommendation of
the Commissioners of Customs and Internal Revenue.
“x x x.”
SEC. 8. Section 288, subsections (B) and (C) of the National Internal
Revenue Code of 1997, as amended by Republic Act No. 9334, is hereby
further amended to read as follows:
“(B) Incremental Revenues from Republic Act No. 8240. – Fifteen
percent (15%) of the incremental revenue collected from the excise tax
on tobacco products under R. A. No. 8240 shall be allocated and divided
among the provinces producing burley and native tobacco in accordance
with the volume of tobacco leaf production. The fund shall be exclusively
utilized for programs to promote economically viable alternatives for
tobacco farmers and workers such as:
“(1) Programs that will provide inputs, training, and other support for
tobacco farmers who shift to production of agricultural products other
than tobacco including, but not limited to, high-value crops, spices, rice,
corn, sugarcane, coconut, livestock and fisheries;
“(2) Programs that will provide financial support for tobacco farmers who
are displaced or who cease to produce tobacco;
“(3) Cooperative programs to assist tobacco farmers in planting
alternative crops or implementing other livelihood projects;
“(4) Livelihood programs and projects that will promote, enhance, and
develop the tourism potential of tobacco-growing provinces;
“(5) Infrastructure projects such as farm to market roads, schools,
hospitals, and rural health facilities; and
“(6) Agro-industrial projects that will enable tobacco farmers to be
involved in the management and subsequent ownership of projects, such
as post-harvest and secondary processing like cigarette manufacturing
and by-product utilization.
“The Department of Budget and Management, in consultation with the
Department of Agriculture, shall issue rules and regulations governing
the allocation and disbursement of this fund, not later than one hundred
eighty (] 80) days from the effectivity of this Act.
“(C) Incremental Revenues from the Excise Tax on Alcohol and Tobacco
Products. –
“After deducting the allocations under Republic Act Nos. 7171 and 8240,
eighty percent (80%) of the remaining balance of the incremental revenue
derived from this Act shall be allocated for the universal health care under
the National Health Insurance Program, the attainment of the millennium
development goals and health awareness programs; and twenty percent
(20%) shall be allocated nationwide, based on political and district
subdivisions, for medical assistance and health enhancement facilities
program, the annual requirements of which shall be determined by the
Department of Health (DOH).”
SEC. 9. Transitory Provision. – A special financial support for displaced
workers in the alcohol and tobacco industries shall be allocated and
included in the appropriations under the Department of Labor and
Employment (DOLE) to finance unemployment alleviation program; and
to the Technical Education and Skills Development Authority (TESDA) to
finance the training and retooling programs of displaced workers, to be
included in the General Appropriations Acts for the Fiscal Years 2014 to
2017.
SEC. 10. Annual Report. – The Department of Budget and Management
(DBM), the Department of Agriculture (DA), the Department of Health
(DOH) and the Philippine Health Insurance Corporation (PhilHealth) shall
each submit to the Oversight Committee, created under Republic Act No.
8240, a detailed report on the expenditure of the amounts earmarked in
this Section on the first week of August of every year. The reports shall
be simultaneously published in the Official Gazette and in the agencies’
websites.
SEC. 11. Congressional Oversight Committee. – The composition of the
Congressional Oversight Committee, created under Republic Act No.
8240, shall include the Agriculture and Health Committee Chairpersons
of the Senate and the House of Representatives as part of the four (4)
members to be appointed from each House.
Upon receipt of the annual reports from the DBM, DA, DOH, DOLE,
PhilHealth and TESDA, the Committee shall review and ensure the
proper implementation of this Act as regards the expenditures of the Republic Act No. 8749
earmarked funds.
June 23, 1999
Starting the third quarter of Calendar Year 2016, the Committee is
mandated to review the impact of the tax rates provided under this Act.
AN ACT PROVIDING FOR A COMPREHENSIVE AIR POLLUTION
CONTROL POLICY AND FOR OTHER PURPOSES
SEC. 12. Implementing Rules and Regulations. – The Secretary of
Finance shall, upon the recommendation of the Commissioner of Internal
Be it enacted by the Senate and House of Representatives of the
Revenue, and in consultation with the Department of Health, promulgate
Philippines in Congress assembled:
the necessary rules and regulations for the effective implementation of
this Act not later than one hundred eighty (180) days upon the effectivity
Chapter 1
of this Act.
General Provisions
SEC. 13. Separability Clause. – If any of the provisions of this Act is
declared invalid by a competent court, the remainder of this Act or any Article One
Basic Air Quality Policies
provision not affected by such declaration of invalidity shall remain in
force and effect.
Section 1. Short Title. - This Act shall be known as the "Philippine
Clean Air Act of 1999."
SEC. 14. Repealing Clause. – All laws, decrees ordinances, rules and
regulations, executive or administrative orders and such other
presidential issuances that are inconsistent with any of the provisions of Section 2. Declaration of Principles. - The State shall protect and
this Act are hereby repealed, amended or otherwise modified advance the right of the people to a balanced and healthful ecology in
accordingly. accord with the rhythm and harmony of nature.

SEC. 15. Effectivity. – This Act shall take effect upon its publication in a The State shall promote and protect the global environment to attain
newspaper of general circulation. sustainable development while recognizing the primary responsibility of
local government units to deal with environmental problems.

The State recognizes that the responsibility of cleaning the habitat and
environment is primarily area-based.

The State also recognizes the principle that "polluters must pay".

Finally, the State recognizes that a clean and healthy environment is for
the good of all and should, therefore, be the concern of all.

Section 3. Declaration of Policies. - The State shall pursue a policy of

balancing development and environmental protection. To achieve this
end, the frame work for sustainable development shall be pursued. It
shall be the policy of the State to:
 (a) Formulate a holistic national program of air pollution
management that shall be implemented by the government
through proper delegation and effective coordination of functions
and activities;
(b) Encourage cooperation and self-regulation among citizens
and industries through the application of market-based
instruments;
(c) Focus primarily on pollution prevention rather than on control
and provide for a comprehensive management program for air
pollution;
(d) Promote public information and education and to encourage
the participation of an informed and active public in air quality
planning and monitoring; and
(e) Formulate and enforce a system of accountability for short
and long-term adverse environmental impact of a project,
program or activity. This shall include the setting up of a funding
or guarantee mechanism for clean-up and environmental
rehabilitation and compensation for personal damages.
Section 5. Definitions. - As used in this Act:
Section 4. Recognition of Rights. - Pursuant to the above-declared
principles, the following rights of citizens are hereby sought to be
recognized and the State shall seek to guarantee their enjoyment:
(a) The right to breathe clean air;
(b) The right to utilize and enjoy all natural resources according
to the principles of sustainable development;
(c) The right to participate in the formulation, planning,
implementation and monitoring of environmental policies and
programs and in the decision-making process;
(d) The right to participate in the decision-making process
concerning development policies, plans and programs projects
or activities that may have adverse impact on the environment
and public health;
(e) The right to be informed of the nature and extent of the
potential hazard of any activity, undertaking or project and to be
served timely notice of any significant rise in the level of pollution
and the accidental or deliberate release into the atmosphere of
harmful or hazardous substances;
(f) The right of access to public records which a citizen may
need to exercise his or her rights effectively under this Act;
(g) The right to bring action in court or quasi-judicial bodies to
enjoin all activities in violation of environmental laws and
regulations, to compel the rehabilitation and cleanup of affected
area, and to seek the imposition of penal sanctions against
violators of environmental laws; and
(h) The right to bring action in court for compensation of
personal damages resulting from the adverse environmental and
public health impact of a project or activity.
Article Two
Definition of Terms
a) "Air pollutant" means any matter found in the atmosphere
other than oxygen, nitrogen, water vapor, carbon dioxide, and
the inert gases in their natural or normal concentrations, that is
detrimental to health or the environment, which includes but not
limited to smoke, dust, soot, cinders, fly ash, solid particles of
any kind, gases, fumes, chemical mists, steam and radio-active
substances;
b) "Air pollution" means any alteration of the physical, chemical
and biological properties of the atmospheric air, or any
discharge thereto of any liquid, gaseous or solid substances that
will or is likely to create or to render the air resources of the
country harmful, detrimental, or injurious to public health, safety
or welfare or which will adversely affect their utilization for
domestic, commercial, industrial, agricultural, recreational, or
other legitimate purposes;
c) "Ambient air quality guideline values" mean the concentration
of air over specified periods classified as short-term and long-
term which are intended to serve as goals or objectives for the
protection of health and/or public welfare. These values shall be
used for air quality management purposes such as determining
time trends, evaluating stages of deterioration or enhancement
of the air quality, and in general, used as basis for taking
positive action in preventing, controlling, or abating air pollution;
d) "Ambient air quality" means the general amount of pollution
present in a broad area; and refers to the atmosphere's average
purity as distinguished from discharge measurements taken at
the source of pollution;
e) "Certificate of Conformity" means a certificate issued by the
Department of Environment and Natural Resources to a vehicle
manufacturer/assembler or importer certifying that a particular
new vehicle or vehicle type meets the requirements provided
under this Act and its rules and regulations;
f) "Department" means the Department of Environment and
Natural Resources;
g) "Eco-profile" means the geographic-based instrument for
planners and decision-makers which present an evaluation of
the environmental quality and carrying capacity of an area. It is
the result of the integration of primary and secondary data and
information on natural resources and anthropogenic activities on
the land which are evaluated by various environmental risk
assessment and forecasting methodologies that enable the
Department to anticipate the type of development control
necessary in the planning area;
h) "Emission" means any air contaminant, pollutant, gas stream
or unwanted sound from a known source which is passed into
the atmosphere;
i) "Greenhouse gases" mean those gases that can potentially or
can reasonably be expected to induce global warming, which
include carbon dioxide, methane, oxides of nitrogen,
chlorofluorocarbons, and the like;
j) "Hazardous substances" mean those substances which
present either: (1) short-term acute hazards such as acute
toxicity by ingestion, inhalation, or skin absorption, corrosivity or
other skin or eye contact hazard or the risk of fire explosion; or
(2) longterm toxicity upon repeated exposure, carcinogenicity
(which in some cases result in acute exposure but with a long
latent period), resistance to detoxification process such as
biodegradation, the potential to pollute underground or surface
waters;
k) "Infectious waste" means that portion of medical waste that
could transmit an infectious disease;
l) "Medical waste" means the materials generated as a result of
patient diagnosis, treatment, or immunization of human beings
or animals;
m) "Mobile source" means any vehicle propelled by or through
combustion of carbon-based or other fuel, constructed and
operated principally for the conveyance of persons or the
transportation of property goods;
n) "Motor vehicle" means any vehicle propelled by a gasoline or
diesel engine or by any means other than human or animal
power, constructed and operated principally for the conveyance
of persons or the transportation of property or goods in a public
highway or street open to public use;
o) "Municipal waste" means the waste materials generated from
communities within a specific locality;
p) "New vehicle" means a vehicle constructed entirely from new
parts that has never been sold or registered with the DOTC or
with the appropriate agency or authority, and operated on the
highways of the Philippines, any foreign state or country;
q) "Octane Rating or the Anti-Knock Index(AKI)" means the
rating of the anti-knock characteristics of a grade or type of
automotive gasoline as determined by dividing by two (2) the
sum of the Research Octane Number (RON), plus the Motor
Octane Number (MON); the octane requirement, with respect to
automotive gasoline for use in a motor vehicle or a class thereof,
whether imported, manufactured, or assembled by a
manufacturer, shall refer to the minimum octane rating of such
automotive gasoline which such manufacturer recommends for
the efficient operation of such motor vehicle, or a substantial
portion of such class, without knocking;
r) "Ozone Depleting Substances (ODS)" means those
substances that significantly deplete or otherwise modify the
ozone layer in a manner that is likely to result in adverse effects
of human health and the environment such as, but not limited to,
chloroflourocarbons, halons and the like;
s) "Persistent Organic Pollutants (POPs)" means the organic
compounds that persist in the environment, bioaccumulate
through the food web, and pose a risk of causing adverse effects
to human health and the environment. These compounds resist
photolytic, chemical and biological degradation, which shall
include but not be limited to dioxin, furan, Polychlorinated
Biphenyls (PCBs), organochlorine pesticides, such as aldrin,
dieldrin, DDT, hexachlorobenzene, lindane, toxaphere and
chlordane;
t) "Poisonous and toxic fumes" means any emissions and fumes
which are beyond internationally - accepted standards, including
but not limited to the World Health Organization (WHO)
guideline values;
u) "Pollution control device" means any device or apparatus
used to prevent, control or abate the pollution of air caused by
emissions from identified pollution sources at levels within the air
pollution control standards established by the Department;
v) "Pollution control technology" means the pollution control
devices, production process, fuel combustion processes or other
means that effectively prevent or reduce emissions or effluent;
w) "Standard of performance" means a standard for emissions
of air pollutant which reflects the degree of emission limitation
achievable through the application of the best system of
emission reduction, taking into account the cost of achieving
such reduction and any non-air quality health and environmental
impact and energy requirement which the Department
determines, and adequately demonstrates; and
x) "Stationary source" means any building or immobile structure,
facility or installation which emits or may emit any air pollutant.
Chapter 2
Air Quality Management System
Article One
General Provisions
Section 6. Air Quality Monitoring and Information Network. - The
Department shall prepare an annual National Air Quality Status Report
which shall be used as the basis in formulating the Integrated Air
Quality Improvement Framework, as provided for in Sec. 7. The said
report shall include, but shall not be limited to the following:
a) Extent of pollution in the country, per type of pollutant and per
type of source, based on reports of the Department’s monitoring
stations;
b) Analysis and evaluation of the current state, trends and
projections of air pollution at the various levels provided herein;
c) Identification of critical areas, activities, or projects which will
need closer monitoring or regulation;
d) Recommendations for necessary executive and legislative
action; and
e) Other pertinent qualitative and quantitative information
concerning the extent of air pollution and the air quality
performance rating of industries in the country.
The Department, in cooperation with the National Statistical
Coordination Board (NSCB), shall design and develop an information
network for data storage, retrieval and exchange.
The Department shall serve as the central depository of all data and
information related to air quality.
Section 7. Integrated Air Quality Improvement Framework. - The
Department shall within six (6) months after the effectivity of this Act,
establish, with the participation of LGUs, NGOs, POs, the academe and
other concerned entities from the private sector, formulate and
implement the Integrated Air Quality Improvement Framework for a
comprehensive air pollution management and control program. The
framework shall, among others, prescribe the emission reduction goals
using permissible standards, control strategies and control measures to
undertaken within a specified time period, including cost-effective use of
economic incentives, management strategies, collective actions, and
environmental education and information.
The Integrated Air Quality Improvement Framework shall be adopted as
the official blueprint with which all government agencies must comply
with to attain and maintain ambient air quality standards.
Section 8. Air Quality Control Action Plan. - Within six (6) months
after the formulation of the framework, the Department shall, with public
participation, formulate and implement an air quality control action plan
consistent with Sec. 7 of this Act. The action plan shall:
a) Include enforceable emission limitations and other control
measures, means or techniques, as well as schedules and time
tables for compliance, as may be necessary or appropriate to
meet the applicable requirements of this Act;
b) Provide for the establishment and operation of appropriate
devices, methods, systems and procedures necessary to
monitor, compile and analyze data on ambient air quality;
c) Include a program to provide for the following: (1)
enforcement of the measures described in subparagraph [a]; (2)
regulation of the modification and construction of any stationary
source within the areas covered by the plan, in accordance with
land use policy to ensure that ambient air quality standards are
achieved;
d) Contain adequate provisions, consistent with the provisions of
this Act, prohibiting any source or other types of emissions
activity within the country from emitting any air pollutant in
amounts which will significantly contribute to the non-attainment
or will interfere with the maintenance by the Department of any
such ambient air quality standard required to be included in the
implementation plan to prevent significant deterioration of air
quality or to protect visibility;
e) Include control strategies and control measures to be
undertaken within a specified time period, including cost
effective use of economic incentives, management strategies,
collection action and environmental education and information;
f) Designate airsheds; and
g) All other measures necessary for the effective control and
abatement of air pollution.
The adoption of the plan shall clarify the legal effects on the financial,
manpower and budgetary resources of the affected government
agencies, and on the alignment of their programs with the plans.
In addition to direct regulations, the plan shall be characterized by a
participatory approach to the pollution problem. The involvement of
private entities in the monitoring and testing of emissions from mobile
and/or stationary sources shall be considered.
Likewise, the LGU’s, with the assistance from the Department, shall
prepare and develop an action plan consistent with the Integrated Air
Quality Improvement Framework to attain and maintain the ambient air
quality standards within their respective airsheds as provided in Sec. 9
hereof.
The local government units shall develop and submit to the Department
a procedure for carrying out the action plan for their jurisdiction. The
Department, however, shall maintain its authority to independently
inspect the enforcement procedure adopted. The Department shall have
the power to closely supervise all or parts of the air quality action plan
until such time the local government unit concerned can assume the
function to enforce the standards set by the Department.
A multi-sectoral monitoring team with broad public representation shall
be convened by the Department for each LGU to conduct periodic
inspections of air pollution sources to assess compliance with emission
limitations contained in their permits.
Section 9. Airsheds. - Pursuant to Sec. 8 of this Act, the designation of
airsheds shall be on the basis of, but not limited to, areas with similar
climate, meteorology and topology which affect the interchange and
diffusion of pollutants in the atmosphere, or areas which share common
interest or face similar development programs, prospects or problems.
For a more effective air quality management, a system of planning and
coordination shall be established and a common action plan shall be
formulated for each airshed.
To effectively carry out the formulated action plans, a Governing Board
is hereby created, hereinafter referred to as the Board.
The Board shall be headed by the Secretary of the Department of
Environment and Natural Resources as chairman. The members shall
be as follows:
a) Provincial Governors from areas belonging to the airshed;
b) City/Municipal Mayors from areas belonging to the airshed;
c) A representative from each concerned government agency;
d) Representatives from people’s organizations;
e) Representatives from non-government organizations; and
f) Representatives from the private sector.
The Board shall perform the following functions:
a) Formulation of policies;
b) Preparation of a common action plan;
c) Coordination of functions among its members; and
d) Submission and publication of an annual Air Quality Status
Report for each airshed.
Upon consultation with appropriate local government authorities, the
Department shall, from time to time, revise the designation of airsheds
utilizing eco-profiling techniques and undertaking scientific studies.
Emissions trading may be allowed among pollution sources within an
airshed.
Section 10. Management of Non-attainment Areas. - The
Department shall designate areas where specific pollutants have
already exceeded ambient standards as non-attainment areas. The
Department shall prepare and implement a program that will prohibit
new sources of exceeded air pollutant without a corresponding
reduction in existing resources.
In coordination with other appropriate government agencies, the LGUs
shall prepare and implement a program and other measures including
relocation, whenever necessary, to protect the health and welfare of
residents in the area.
For those designated as nonattainment areas, the Department, after
consultation with local government authorities, nongovernment
organizations (NGOs), people’s organizations (POs) and concerned
sectors may revise the designation of such areas and expand its
coverage to cover larger areas depending on the condition of the areas.
Section 11. Air Quality Control Techniques. - Simultaneous with the
issuance of the guideline values and standards, the Department,
through the research and development program contained in this Act
and upon consultation with appropriate advisory committees,
government agencies and LGUs, shall issue, and from time to time,
revise information on air pollution control techniques. Such information
shall include:
(a) Best available technology and alternative methods of
prevention, management and control of air pollution;
(b) Best available technology economically achievable which
shall refer to the technological basis/standards for emission
limits applicable to existing, direct industrial emitters of
nonconventional and toxic pollutants; and
 (c) Alternative fuels, processes and operating methods which
will result in the eliminator or significant reduction of emissions.

Such information may also include data relating to the cost of

installation and operation, energy requirements, emission reduction
benefits, and environmental impact or the emission control technology.

The issuance of air quality guideline values, standards and information

on air quality control techniques shall be made available to the general
public: Provided, That the issuance of information on air quality control
techniques shall not be construed as requiring the purchase of certain
pollution control devices by the public.

Section 12. Ambient Air Quality Guideline Values and Standards. -

The Department, in coordination with other concerned agencies, shall
review and or revise and publish annually a list of hazardous air
pollutants with corresponding ambient guideline values and/or standard
necessary to protect health and safety, and general welfare. The initial
list and values of the hazardous air pollutants shall be as follows:

(a) For National Ambient Air Quality Guideline for Criteria

Pollutants:

a
Maximum limits represented by ninety-eight
percentile (98%) values not to be exceed more
than once a year.

b
Arithmetic mean

c
SO2 and Suspended Particulate matter are
sampled once every six days when using the
manual methods. A minimum of twelve sampling
days per quarter of forty-eight sampling days
each year is required for these methods. Daily
sampling may be done in the future once
continuous analyzers are procured and become
available.

d
Limits for Total Suspended Particulate Matter
with mass median diameter less than 25-50 um.
 e
Annual Geometric Mean
f
Provisional limits for Suspended Particulate
Matter with mass median diameter less than 10
microns and below until sufficient monitoring data
are gathered to base a proper guideline.
g
Evaluation of this guideline is carried out for 24-
hour averaging time and averaged over three
moving calendar months. The monitored average
value for any three months shall not exceed the
guideline value.
(b) For National Ambient Air Quality Standards for Source
Specific Air Pollutants from Industrial Sources/Operations:
1
Pertinent ambient standards for Antimony,
Arsenic, Cadmium, Asbestos, Nitric Acid and
Sulfuric Acid Mists in the 1978 NPCC Rules and
Regulations may be considered as guides in
determining compliance.
2
Ninety-eight percentile (98%) values of 30-
minute sampling measured at 250C and one
atmosphere pressure.
3 pollution cases, guarantee restoration of ecosystems and rehabilitate
Other equivalent methods approved by the
Department may be used.
The basis in setting up the ambient air quality guideline values and
standards shall reflect, among others, the latest scientific knowledge
including information on:
a) Variable, including atmospheric conditions, which of
themselves or in combination with other factors may alter the
effects on public health or welfare of such air pollutant;
b) The other types of air pollutants which may interact with such
pollutant to produce an adverse effect on public health or
welfare; and
c) The kind and extent of all identifiable effects on public health
or welfare which may be expected from presence of such
pollutant in the ambient air, in varying quantities.
The Department shall base such ambient air quality standards on World
Health Organization (WHO) standards, but shall not be limited to nor be
less stringent than such standards.
Section 13. Emission Charge System. - The Department, in case of
industrial dischargers, and the Department of Transportation and
Communication (DOTC), in case of motor vehicle dischargers, shall,
based on environmental techniques, design, impose on and collect
regular emission fees from said dischargers as part of the emission
permitting system or vehicle registration renewal system, as the case
may be. The system shall encourage the industries and motor vehicles
to abate, reduce, or prevent pollution. The basis of the fees include, but
is not limited to, the volume and toxicity of any emitted pollutant.
Industries, which shall install pollution control devices or retrofit their
existing facilities with mechanisms that reduce pollution shall be entitled
to tax incentives such as but not limited total credits and/or accelerated
depreciation deductions.
Section 14. Air Quality Management Fund. - An Air Quality
Management Fund to be administered by the Department as a special
account in the National Treasury is hereby established to finance
containment, removal, and clean-up operations of the Government in air
areas affected by the acts of violators of this Act, to support research,
enforcement and monitoring activities and capabilities of the relevant
agencies, as well as to provide technical assistance to the relevant
agencies. Such fund may likewise be allocated per airshed for the
undertakings herein stated.
The Fund shall be sourced from the fines imposed and damages
awarded to the Republic of the Philippines by the Pollution Adjudication
Board (PAB), proceeds of licenses and permits issued by the
Department under this Act, emission fees and from donations,
endowments and grants in the forms of contributions. Contributions to
the Fund shall be exempted from donor taxes and all other taxes,
charges or fees imposed by the Government.

Section 15. Air Pollution Research and Development Program. -

The Department, in coordination with the Department of Science and
Technology (DOST), other agencies, the private sector, the academe,
NGO’s and PO’s, shall establish a National Research and Development
Program for the prevention and control of air pollution. The Department
shall give special emphasis to research on and the development of
improved methods having industry-wide application for the prevention
and control of air pollution.

Such a research and development program shall develop air quality

guideline values and standards in addition to internationally-accepted
standards. It shall also consider the socio-cultural, political and
economic implications of air quality management and pollution control.

Article Two
Air Pollution Clearances and Permits for Stationary Sources

Section 16. Permits. - Consistent with the provisions of this Act, the
Department shall have the authority to issue permits as it may
determine necessary for the prevention and abatement of air pollution.

Said permits shall cover emission limitations for the regulated air
pollutants to help attain and maintain the ambient air quality standards.
These permits shall serve as management tools for the LGUs in the
development of their action plan.
Section 17. Emission Quotas. - The Department may allow each
regional industrial center that is designated as special airshed to
allocate emission quotas to pollution sources within its jurisdiction that
qualify under an environmental impact assessment system
programmatic compliance program pursuant to the implementing rules
and regulations of Presidential Decree No. 1586.
Section 18. Financial Liability for Environmental Rehabilitation. -
As part of the environmental management plan attached to the
environmental compliance certificate pursuant to Presidential Decree
No. 1586 and rules and regulations set therefor, the Department shall
require program and project proponents to put up financial guarantee
mechanisms to finance the needs for emergency response, clean-up
rehabilitation of areas that may be damaged during the program or
project’s actual implementation. Liability for damages shall continue
even after the termination of a program or project, where such damages
are clearly attributable to that program or project and for a definite
 d
period to be determined by the Department and incorporated into the All existing geothermal power plants shall control HsS
environmental compliance certificate. emissions to not more than 200g/GMW-Hr. within 5
years from the date of efectivity of these revised
Financial liability instruments may be in the form a trust fund, regulations.
environmental insurance, surety bonds, letters of credit, as well as self-
e
insurance. The choice of the guarantee instruments shall furnish the Best practicable control technology for air emissions
Department with evidence of availment of such instruments. and liquid discharges. Compliance with air and water
quality standards is required.
Article Three
f
Pollution from Stationary Sources Emission limit of Nickel Carbonyl shall not exceed 0.5
mg/Ncm.
Section 19. Pollution From Stationary Sources. - The Department
g
shall, within two (2) years from the effectivity of this Act, and every two Provisional Guideline
(2) years thereafter, review, or as the need therefore arises, revise and
publish emission standards, to further improve the emission standards Provided, That the maximum limits in mg/ncm particulates in said
for stationary sources of air pollution. Such emission standards shall be sources shall be:
based on mass rate of emission for all stationary source of air pollution
based on internationally accepted standards, but not be limited to, nor
be less stringent than such standards and with the standards set forth in
this section. The standards, whichever is applicable, shall be the limit on
the acceptable level of pollutants emitted from a stationary source for
the protection of the public’s health and welfare.

With respect to any trade, industry, process and fuel-burning equipment

or industrial plant emitting air pollutants, the concentration at the point of
emission shall not exceed the following limits:

a
Other equivalent methods approved by the Department
may be used. 1. Fuel Burning Equipment
b
Atomic Absorption Spectrophometry a) Urban or Industrial Area 150 mg/Ncm
c
All new geothermal power plants starting construction b) Other Area 200 mg/Ncm
by 01 January 1995 shall control HsS emissions to not
more than 150g/GMW-Hr 2. Cement Plants (Kilns, etc.) 150 mg/Ncm

3. Smelting Furnaces 150 mg/Ncm

 I. Daily And Half Hourly Average Values
4. Other Stationary Sourcesa 200 mg/Ncm

a
Other Stationary Sources means a trade, process,
industrial plant, or fuel burning equipment other than
thermal power plants, industrial boilers, cement plants,
incinerators and smelting furnaces.

Provided, Further, That the maximum limits for sulfur oxides in said
sources shall be:

a
Other Stationary Sources refer to existing and new (1) Existing Sources
stationary sources other than those caused by the
manufacture of sulfuric acid and sulfonation process, fuel (i) Manufacture of Sulfuric Acid and 2.0gm.Ncm as SO3
burning equipment and incineration. Sulf(on)ation Process

For stationary sources of pollution not specifically included in the (ii) Fuel burning Equipment 1.5gm.Ncm as SO2
immediately preceding paragraph, the following emission standards
shall not be exceeded in the exhaust gas: (iii) Other Stationary Sourcesa 1.0gm.Ncm as SO3

(2) New Sources

(i) Manufacture of Sulfuric Acid and 1.5 gm.Ncm as SO3

Sulf(on)ation Process

(ii) Fuel Burning Equipment 0.7 gm.Ncm as SO2

(iii) Other Stationary Sourcesa 0.2 gm.Ncm as SO3

II. All the Average Values Over the Sample Period of a Minimum
of 4 and Maximum of 8 Hours.

These average values cover also gaseous and the vapor forms of the
relevant heavy metal emission as well as their
compounds: Provided, That the emission of dioxins and furans into the
air shall be reduced by the most progressive techniques: Provided,
Further, That all average of dioxin and furans measured over the
sample period of a minimum of 5 hours and maximum of 8 hours must
not exceed the limit value of 0.1 nanogram/m3.
Pursuant to Sec. 8 of this Act, the Department shall prepare a detailed
action plan setting the emission standards or standards of performance
for any stationary source the procedure for testing emissions for each
type of pollutant, and the procedure for enforcement of said standards.
Existing industries, which are proven to exceed emission rates
established by the Department in consultation with stakeholders, after a
thorough, credible and transparent measurement process shall be
allowed a grace period of eighteen (18) months for the establishment of
an environmental management system and the installation of an
appropriate air pollution control device : Provided, That an extension of
not more than twelve (12) months may be allowed by the Department
on meritorious grounds.
Section 20. Ban on Incineration. - Incineration, hereby defined as the
burning of municipal, biomedical and hazardous waste, which process
emits poisonous and toxic fumes is hereby prohibited; Provided,
however, That the prohibition shall not apply to traditional small-scale
method of community/neighborhood sanitation "siga", traditional,
agricultural, cultural, health, and food preparation and
crematoria; Provided, Further, That existing incinerators dealing with a
biomedical wastes shall be out within three (3) years after the effectivity
of this Act; Provided, Finally, that in the interim, such units shall be
limited to the burning of pathological and infectious wastes, and subject
to close monitoring by the Department.
Local government units are hereby mandated to promote, encourage
and implement in their respective jurisdiction a comprehensive
ecological waste management that includes waste segregation,
recycling and composting.
With
due
concern on the effects of climate change, the Department shall promote
the use of state-of-the-art, environmentally-sound and safe non-burn
technologies for the handling, treatment, thermal destruction, utilization,
and disposal of sorted, unrecycled, uncomposted, biomedical and
hazardous wastes.
Article Four
Pollution from Motor Vehicles
Section 21. Pollution from Motor Vehicles. - a) The DOTC shall
implement the emission standards for motor vehicles set pursuant to
and as provided in this Act. To further improve the emission standards,
the Department shall review, revise and publish the standards every two
(2) years, or as the need arises. It shall consider the maximum limits for
all major pollutants to ensure substantial improvement in air quality for
the health, safety and welfare of the general public.
The following emission standards for type approval of motor vehicles
shall be effective by the year 2003:
a) For light duty vehicles, the exhaust emission limits for
gaseous pollutants shall be:
Emission Limits for Light Duty Vehicles
Type Approval
(Directive 91/441/EEC)
a
for compression-ignition engines only
b) For light commercial vehicles, the exhaust emission limit of
gaseous pollutants as a function of the given reference mass
shall be:
Emission Limits for Light Commercial Vehicles
Type Approval
(Directive 93/59/EEC)
a
for compression-ignition engines only
c) For heavy duty vehicles, the exhaust emission limits of
gaseous pollutants shall be:
Emission Limits for Heavy Duty Vehicles
Type Approval
(Directive 91/542/EEC)
a
In the case of engines of 85 kW or less, the limit
value for particular emissions in increased by
multiplying the quoted limit by a coefficient of 1.7
Fuel evaporative emission for spark-ignition engines shall not
exceed 2.0 grams hydrocarbons per test. Likewise, it shall not
allow any emission of gases from crankcase ventilation system
into the atmosphere.
b) The Department, in collaboration with the DOTC, DTI and LGUs,
shall develop an action plan for the control and management of air
pollution from motor vehicles consistent with the Integrated Air Quality
Framework. The DOTC shall enforce compliance with the emission
standards for motor vehicles set by the Department. The DOTC may
deputize other law enforcement agencies and LGUs for this purpose. To
this end, the DOTC shall have the power to:
(1) Inspect and monitor the emissions of motor vehicles;
(2) Prohibit or enjoin the use of motor vehicles or a class of
motor vehicles in any area or street at specified times; and
(3) Authorize private testing emission testing centers duly
accredited by the DTI.
c) The DOTC, together with the DTI and the Department, shall establish
the procedures for the inspection of motor vehicles and the testing of
their emissions for the purpose of determining the concentration and/or
rate of pollutants discharged by said sources.
d) In order to ensure the substantial reduction of emissions from motor
vehicles, the Department of Trade and Industry (DTI), together with the
DOTC and the Department shall formulate and implement a national
motor vehicle inspection and maintenance program that will promote
efficient and safe operation of all motor vehicles. In this regard, the DTI
shall develop and implement standards and procedures for the
certification of training institutions, instructors and facilities and the
licensing of qualified private service centers and their technicians as
prerequisite for performing the testing, servicing, repair and the required
adjustment to the vehicle emission system. The DTI shall likewise
prescribe regulations requiring the disclosure of odometer readings and
the use of tamper-resistant odometers for all motor vehicles including
tamper-resistant fuel management systems for the effective
implementation of the inspection and maintenance program.
Section 22. Regulation of All Motor Vehicles and Engines. - Any
imported new or locally-assembled new motor vehicle shall not be
registered unless it complies with the emission standards set pursuant
to this Act, as evidenced by a Certificate of Conformity (COC) issued by
the Department.
Any imported new motor vehicle engine shall not be introduced into
commerce, sold or used unless it complies with emission standards set
pursuant to this Act.
Any imported used motor vehicle or rebuilt motor vehicle using new or
used engines, major parts or components shall not be registered unless
it complies with the emission standards.
In case of non-compliance, the importer or consignee may be allowed to
modify or rebuild the vehicular engine so it will be in compliance with
applicable emission standards.
No motor vehicle registration (MVR) shall be issued unless such motor
vehicle passes the emission testing requirement promulgated in
accordance with this Act. Such testing shall be conducted by the DOTC
or its authorized inspection centers within sixty (60) days prior to date of
registration.
The DTI shall promulgate the necessary regulations prescribing the
useful life of vehicles and engines including devices in order to ensure
that such vehicles will conform to the emissions which they were
certified to meet. These regulations shall include provisions for ensuring
the durability of emission devices.
Section 23. Second-Hand Motor Vehicle Engines. - Any imported
second-hand motor vehicle engine shall not be introduced into
commerce, sold or used unless it complies with emission standards set
pursuant to this Act.
Article Five
Pollution from Other Sources
Section 24. Pollution from smoking. - Smoking inside a public
building or an enclosed public place including public vehicles and other
means of transport or in any enclosed area outside of one's private
residence, private place of work or any duly designated smoking area is
hereby prohibited under this Act. This provision shall be implemented by
the LGUs.
Section 25. Pollution from other mobile sources. - The Department,
in coordination with appropriate agencies, shall formulate and establish
the necessary standards for all mobile sources other than those referred
to in Sec. 21 of this Act. The imposition of the appropriate fines and
penalties from these sources for any violation of emission standards
shall be under the jurisdiction of the DOTC.
Chapter 3
Fuels, Additives, Substances and Pollutants
Article One
Fuels, Additives and Substances
Section 26. Fuels and Additives. - Pursuant to the Air Quality
Framework to be established under Section 7 of this Act, the
Department of Energy (DOE), co-chaired by the Department of
Environment and Natural Resources (DENR), in consultation with the
Bureau of Product Standards (BPS) of the DTI, the DOST, the
representatives of the fuel and automotive industries, academe and the
consumers shall set the specifications for all types of fuel and fuel-
related products, to improve fuel composition for increased efficiency
and reduced emissions: Provided, however, that the specifications for
all types of fuel and fuel-related products set-forth pursuant to this
section shall be adopted by the BPS as Philippine National Standards
(PNS).
The DOE shall also specify the allowable content of additives in all
types of fuels and fuel-related products. Such standards shall be based
primarily on threshold levels of health and research studies. On the
basis of such specifications, the DOE shall likewise limit the content or
begin that phase-out of additives in all types of fuels and fuel-related
products as it may deem necessary. Other agencies involved in the
performance of this function shall be required to coordinate with the
DOE and transfer all documents and information necessary for the
implementation of this provision.
Consistent with the provisions of the preceding paragraphs under this
section, it is declared that:
a) not later than eighteen (18) months after the effectivity of this
Act, no person shall manufacture, import, sell, supply, offer for
sale, dispense, transport or introduce into commerce unleaded
premium gasoline fuel which has an anti-knock index (AKI) of
not less that 87.5 and Reid vapor pressure of not more than 9
psi. Within six (6) months after the effectivity of this Act,
unleaded gasoline fuel shall contain aromatics not to exceed
forty-five percent (45%) by volume and benzene not to exceed
four percent (4%) by volume; Provided, that by year 2003,
unleaded gasoline fuel should contain aromatics not to exceed
thirty-five percent (35%) by volume and benzene not to exceed
two percent (2%) by volume;
b) not later than eighteen (18) months after the effectivity of this
Act, no person shall manufacture, import, sell, supply, offer for
sale, dispense, transport or introduce into commerce automotive
diesel fuel which contains a concentration of sulfur in excess of
0.20% by weight with a cetane number of index of not less than
forty-eight (48): Provided, That by year 2004, content of said
sulfur shall be 0.05% by weight; and
c) not later than eighteen (18) months after the effectivity of this
Act, no Person shall manufacture, import, sell, supply, offer for
sale, dispense, transport or introduce into commerce industrial
diesel fuel which contains a concentration of sulfur in excess of
0.30% (by weight).
Every two (2) years thereafter or as the need arises, the specifications
of unleaded gasoline and of automotive and industrial diesel fuels shall
be reviewed and revised for further improvement in formulation and in
accordance with the provisions of this Act.
The fuels characterized above shall be commercially available.
Likewise, the same shall be the reference fuels for emission and testing
procedures to be established in accordance with the provisions of this
Act.
Any proposed additive shall not in any way increase emissions of any of
the regulated gases which shall include, but not limited to carbon
monoxide, hydrocarbons, and oxides of nitrogen and particulate matter,
in order to be approved and certified by the Department.
Section 27. Regulation of Fuels and Fuel Additives. - The DOE, in
coordination with the Department and the BPS, shall regulate the use of
any fuel or fuel additive. No manufacturer, processor or trader of any
fuel or additive may import, sell, offer for sale, or introduce into
commerce such fuel for additive unless the same has been registered
with the DOE. Prior to registration, the manufacturer, processor or
trader shall provide the DOE with the following relevant information:
a) Product identity and composition to determine the potential
health effects of such fuel additives;
b) Description of the analytical technique that can be used to
detect and measure the additive in any fuel;
c) Recommended range of concentration; and
d) Purpose in the use of the fuel and additive.
Section 28. Misfueling. - In order to prevent the disabling of any
emission control device by lead contamination, no person shall
introduce or cause or allow the introduction of leaded gasoline into any
motor vehicle equipped with a gasoline tank filler inlet and labeled
"unleaded gasoline only". This prohibition shall also apply to any person
who knows or should know that such vehicle is designed solely for the
use of unleaded gasoline.
Section 29. Prohibition on Manufacture, Import and Sale of leaded
Gasoline and of Engines and/or Components Requiring Leaded
Gasoline. - Effective not later than eighteen (18) months after the
enactment of this Act, no person shall manufacture, import, sell, offer for
sale, introduce into commerce, convey or otherwise dispose of, in any
manner, leaded gasoline and engines and components requiring the
use of leaded gasoline.
For existing vehicles, the DTI shall formulate standards and procedures
that will allow non-conforming engines to comply with the use of
unleaded fuel within five(5) years after the effectivity of this Act.
Article Two
Other Pollutants
Section 30. Ozone-Depleting Substances. - Consistent with the terms
and conditions of the Montreal Protocol on Substances that Deplete the
Ozone Layer and other international agreements and protocols to which
the Philippines is a signatory, the Department shall phase out ozone-
depleting substances.
Within sixty (60) days after the enactment of this Act, the Department
shall publish a list of substances which are known to cause harmful
effects on the stratospheric ozone layer.
Section 31. Greenhouse Gases. - The Philippine Atmospheric,
Geophysical and Astronomical Service
Administration (PAGASA) shall regularly monitor meteorological factors
affecting environmental conditions including ozone depletion and
greenhouse gases and coordinate with the Department in order to
effectively guide air pollution monitoring and standard-setting activities.
The Department, together with concerned agencies and local
government units, shall prepare and fully implement a national plan
consistent with the United Nations Framework Convention on Climate
Change and other international agreements, conventions and protocols
on the reduction of greenhouse gas emissions in the country.
Section 32. Persistent Organic Pollutants. - The Department shall,
within a period of two (2) years after the enactment of this Act, establish
an inventory list of all sources of Persistent Organic Pollutants (POPs)
in the country. The Department shall develop short-term and long-term
national government programs on the reduction and elimination of
POPs such as dioxins and furans. Such programs shall be formulated
within a year after the establishment of the inventory list.
Section 33. Radioactive Emissions. - All projects which will involve
the use of atomic and/or nuclear energy, and will entail release and
emission of radioactive substances into the environment, incident to the
establishment or possession of nuclear energy facilities and radioactive
materials, handling, transport, production, storage, and use of
radioactive materials, shall be regulated in the interest of public health
and welfare by the Philippine
Nuclear Research Institute (PNRI), in coordination with Department and
other appropriate government agencies.
Chapter 4
Institutional Mechanism
Section 34. Lead Agency. - The Department, unless otherwise
provided herein, shall be the primary government agency responsible
for the implementation and enforcement of this Act. To be more
effective in this regard, The Department's Environmental Management
Bureau (EMB) shall be converted from a staff bureau to a line bureau
for a period of no more than two (2) years, unless a separate,
comprehensive environmental management agency is created.
Section 35. Linkage Mechanism. - The Department shall consult,
participate, cooperate and enter into agreement with other government
agencies, or with affected non-governmental (NGOs) or people's
organizations (POs),or private enterprises in the furtherance of the
objectives of this Act.
Section 36. Role of Local Government Units. - Local Government
Units (LGUs) shall share the responsibility in the management and
maintenance of air quality within their territorial jurisdiction. Consistent
with Sections 7, 8 and 9 of this Act, LGUs shall implement air quality
standards set by the Board in areas within their jurisdiction; Provided,
however, That in case where the board has not been duly constituted
and has not promulgated its standards, the standards set forth in this
Act shall apply.
The Department shall provide the LGUs with technical assistance,
trainings and a continuing capability-building program to prepare them
to undertake full administration of the air quality management and
regulation within their territorial jurisdiction.
Section 37. Environmental and Natural Resources Office. - There
may be established an Environment and Natural Resources Office in
every province, city, or municipality which shall be headed by the
environment and natural resources officer and shall be appointed by the
Chief Executive of every province, city or municipality in accordance
with the provisions of Section 484 of Republic Act No. 7160. Its powers
and duties, among others, are:
a) To prepare comprehensive air quality management programs,
plans and strategies within the limits set forth in Republic act.
No. 7160 and this Act which shall be implemented within its
territorial jurisdiction upon the approval of the sanggunian;
b) To provide technical assistance and support to the governor
or mayor, as the case may be, in carrying out measures to
ensure the delivery of basic services and the provision of
adequate facilities relative to air quality;
c) To take the lead in all efforts concerning air quality protection
and rehabilitation;
d) To recommend to the Board air quality standards which shall
not exceed the maximum permissible standards set by rational
laws;
e) To coordinate with other government agencies and non-
governmental organizations in the implementation of measures
to prevent and control air pollution; and
f) Exercise such other powers and perform such duties and
functions as may be prescribed by law or
ordinance: Provided, however, That in
provinces/cities/municipalities where there are no environment
and natural resources officers, the local executive concerned
may designate any of his official and/or chief of office preferably
the provincial, city or municipal agriculturist, or any of his
employee: Provided, Finally, That in case an employee is
designated as such, he must have sufficient experience in
environmental and natural resources management, conservation
and utilization.
Section 38. Record-keeping, Inspection, Monitoring and Entry by
the Department. - The Department or its duly accredited entity shall,
after proper consultation and notice, require any person who owns or
operates any emissions source or who is subject to any requirement of
this Act to:
(a) establish and maintain relevant records;
(b) make relevant reports;
(c) install, use and maintain monitoring equipment or methods;
(d) sample emission, in accordance with the methods, locations,
intervals and manner prescribed by the Department;
(e) keep records on control equipment parameters, production
variables or other indirect data when direct monitoring of
emissions is impractical; and
(f) provide such other information as the Department may
reasonably require.
Pursuant to this Act, the Department, through its authorized
representatives, shall have the right of:
(a) entry or access to any premises including documents and
relevant materials as referred to in the herein preceding
paragraph;
(b) inspect any pollution or waste source, control device,
monitoring equipment or method required; and
(c) test any emission.
Any record, report or information obtained under this section shall be
made available to the public, except upon a satisfactory showing to the
Department by the entity concerned that the record, report or
information, or parts thereof, if made public, would divulge secret
methods or processes entitled to protection as intellectual property.
Such record, report or information shall likewise be incorporated in the
Department's industrial rating system.
Section 39. Public Education and Information Campaign. - A
continuing air quality information and education campaign shall
promoted by the Department, the Department of Education, Culture and
Sports (DECS), the Department of the Interior and Local Government
(DILG), the Department of Agriculture (DA) and the Philippine
Information Agency (PIA). Consistent with Sec. 7 of this Act, such
campaign shall encourage the participation of other government
agencies and the private sector including NGOs, POs, the academe,
environmental groups and other private entities in a multi-sectoral
information campaign.
Chapter 5
Actions
Section 40. Administrative Action. - Without prejudice to the right of
any affected person to file an administrative action, the Department
shall, on its own instance or upon verified complaint by any person,
institute administrative proceedings against any person who violates:
(a) Standards or limitation provided under this Act; or
(b) Any order, rule or regulation issued by the Department with
respect to such standard or limitation.
Section 41. Citizen Suits. - For purposes of enforcing the provisions of
this Act or its implementing rules and regulations, any citizen may file an
appropriate civil, criminal or administrative action in the proper courts
against:
(a) Any person who violates or fails to comply with the provisions
of this Act or its implementing rules and regulations; or
(b) The Department or other implementing agencies with respect
to orders, rules and regulations issued inconsistent with this Act;
and/or
(c) Any public officer who willfully or grossly neglects the
performance of an act specifically enjoined as a duty by this Act
or its implementing rules and regulations; or abuses his authority
in the performance of his duty; or, in any manner, improperly
performs his duties under this Act or its implementing rules and
regulations: Provided, however, That no suit can be filed until
thirty-day (30) notice has been taken thereon.
The court shall exempt such action from the payment of filing fees,
except fees for actions not capable of pecuniary estimations, and shall
likewise, upon prima facie showing of the non-enforcement or violation
complained of, exempt the plaintiff from the filing of an injunction bond
for the issuance of a preliminary injunction.
Within thirty (30) days, the court shall make a determination if the
compliant herein is malicious and/or baseless and shall accordingly
dismiss the action and award attorney's fees and damages.
Section 42. Independence of Action. - The filing of an administrative
suit against such person/entity does not preclude the right of any other
person to file any criminal or civil action. Such civil action shall proceed
independently.
Section 43. Suits and Strategic Legal Actions Against Public
Participation and the Enforcement of This Act. - Where a suit is
brought against a person who filed an action as provided in Sec. 41 of
this Act, or against any person, institution or government agency that
implements this Act, it shall be the duty of the investigating prosecutor
or the court, as the case may be, to immediately make a determination
not exceeding thirty (30) days whether said legal action has been filed
to harass, vex, exert undue pressure or stifle such legal recourses of
the person complaining of or enforcing the provisions of this Act. Upon
determination thereof, evidence warranting the same, the court shall
dismiss the case and award attorney's fees and double damages.
This provision shall also apply and benefit public officers who are sued
for acts committed in their official capacity, their being no grave abuse
of authority, and done in the course of enforcing this Act.
Section 44. Lien Upon Personal and Immovable Properties of
Violators. - Fines and penalties imposed pursuant to this Act shall be
liens upon personal or immovable properties of the violator. Such lien
shall, in case of insolvency of the respondent violator, enjoy preference
to laborer's wages under Articles 2241 and 2242 of Republic Act No.
386, otherwise known as the New Civil Code of the Philippines.
 Chapter 6
Fines and Penalties
Section 45. Violation of Standards for Stationary Sources. - For
actual exceedance of any pollution or air quality standards under this
Act or its rules and regulations, the Department, through the Pollution
Adjudication Board (PAB), shall impose a fine of not more than One
hundred thousand pesos (P100,000.00) for every day of violation
against the owner or operator of a stationary source until such time that
the standards have been complied with.
For purposes of the application of the fines, the PAB shall prepare a fine
rating system to adjust the maximum fine based on the violator's ability
to pay, degree of willfulness, degree of negligence, history of non-
compliance and degree of recalcitrance: Provided, That in case of
negligence, the first time offender's ability to pay may likewise be
considered by the Pollution Adjudication Board: Provided, Further, That
in the absence of any extenuating or aggravating circumstances, the
amount of fine for negligence shall be equivalent to one-half of the fine
for willful violation.
The fines herein prescribed shall be increased by at least ten percent
(10%), every three (3) years to compensate for inflation and to maintain
the deterrent function of such fines.
In addition to the fines, the PAB shall order closure, suspension of
development, construction, or operations of the stationary sources until
such time that proper environmental safeguards are put in
place: Provided, That an establishment liable for a third offense shall
suffer permanent closure immediately. This paragraph shall be without
prejudice to the immediate issuance of an ex parte order for such
closure, suspension of development or construction, or cessation of
operations during the pendency of the case upon prima facie evidence
that their is imminent threat to life, public health, safety or general
welfare, or to plant or animal life, or whenever there is an exceedance
of the emission standards set by the Department and/or the Board
and/or the appropriate LGU.
Section 46. Violation of Standards for Motor Vehicles. - No motor
vehicle shall be registered with the DOTC unless it meets the emission
standards set by the Department as provided in Sec. 21 hereof.
Any vehicle suspected of violation of emission standards through visual
signs, such as, but not limited to smoke-belching, shall be subjected to
an emission test by a duly authorized emission testing center. For this
purpose, the DOTC or its authorized testing center shall establish a
roadside inspection system. Should it be shown that there was no
violation of emission standards, the vehicle shall be immediately
released. Otherwise, a testing result indicating an exceedance of the
emission standards would warrant the continuing custody of the
impounded vehicle unless the appropriate penalties are fully paid, and
the license plate is surrendered to the DOTC pending the fulfillment of
the undertaking by the owner/operator of the motor vehicle to make the
necessary repairs so as to comply with the standards. A pass shall
herein be issued by the DOTC to authorize the use of the motor vehicle
within a specified period that shall not exceed seven (7) days for the
sole purpose of making the necessary repairs on the said vehicle. The
owner/operator of the vehicle shall be required to correct its defects and
show proof of compliance to the appropriate pollution control office
before the vehicle can be allowed to be driven on any public or
subdivision roads.
In addition, the driver and operator of the apprehended vehicle shall
undergo a seminar on pollution control management conducted by the
DOTC and shall also suffer the following penalties:
a) First Offense - a fine not to exceed Two Thousand Pesos
(P2,000.00);
b) Second Offense - a fine not less than Two Thousand Pesos
(P2,000.00) and not to exceed Four Thousand Pesos
(P4,000.00); and
c) Third offense - one (1) year suspension of the Motor Vehicle
Registration (MVR) and a fine of not less than Four Thousand
Pesos (P4,000.00) and not more than Six thousand pesos
(P6,000.00).
Any violation of the provisions of Sec. 21 paragraph (d) with regard to
national inspection and maintenance program, including technicians
and facility compliance shall penalized with a fine of not less than Thirty
Thousand Pesos (P30,000.00) or cancellation of license of both the
technician and the center, or both, as determined by the DTI.
All law enforcement officials and deputized agents accredited to
conduct vehicle emissions testing and apprehensions shall undergo a
mandatory training on emission standards and regulations. For this
purpose, the Department, together with the DOTC, DTI, DOST,
Philippine National Police (PNP) and other concerned agencies and
private entities shall design a training program.
Section 47. Fines and Penalties for Violations of Other Provisions
in the Act. - For violations of all other provisions provided in this Act
and of the rules and regulations thereof, a fine of not less than Ten
thousand pesos (P10,000) but not more than One Hundred thousand
Pesos (P100,000) or six (6) months to six (6) years imprisonment or
both shall be imposed. If the offender is a juridical person, the president,
manager, directors, trustees, the pollution control officer or the officials
directly in charge of the operations shall suffer the penalty herein
provided.
Section 48. Gross Violations. - In case of gross violation of this Act or
its implementing rules and regulations, the PAB shall recommend to the
proper government agencies to file the appropriate criminal charges
against the violators. The PAB shall assist the public prosecutor in the
litigation of the case. Gross violation shall mean:
(a) three (3) or more specific offenses within a period of one (1)
year;
(b) three (3) or more specific offenses with three (3) consecutive
years;
(c) blatant disregard of the orders of the PAB, such s but not
limited to the breaking of seal, padlocks and other similar
devices, or operation despite the existence of an order for
closure, discontinuance or cessation of operation; and
(d) irreparable or grave damage to the environment as a
consequence of any violation of the provisions of this Act.
Offenders shall be punished with imprisonment of not less than six (6)
years but not more than ten (10) years at the discretion of the court. If
the offender is a juridical person, the president, manager, directors,
trustees, the pollution control officer or the officials directly in charge of
the operations shall suffer the penalty herein provided.
Chapter 7
Final Provisions
Section 49. Potential Loss or Shifts of Employment. - The Secretary
of Labor is hereby authorized to establish a compensation, retraining
and relocation program to assist workers laid off due to a company's
compliance with the provisions of this Act.
Section 50. Appropriations. - An amount of Seven Hundred Fifty
Million Pesos (P750,000,000.00) shall be appropriated for the initial
implementation of this Act, of which, the amount of Three Hundred
Million Pesos (P300,000,000.00) shall be appropriated to the
Department; Two Hundred Million Pesos (P200,000,000.00) to the DTI;
One Hundred Fifty Million Pesos (P150,000,000.00) to the DOTC; and
One Hundred Million Pesos (P100,000,000.00) to the DOE.
Thereafter, the amount necessary to effectively carry out the provisions
of this Act shall be included in the General Appropriations Act.
Section 51. Implementing Rules and Regulations. - The Department,
in coordination with the Committees on Environment and Ecology of the
Senate and House of Representatives, respectively and other agencies,
shall promulgate the implementing rules and regulations for this Act,
within one (1) year after the enactment of this Act: Provided, That rules
and regulations issued by other government agencies and
instrumentalities for the prevention and/or abatement of pollution not
inconsistent with this Act shall supplement the rules and regulations
issued by the Department pursuant to the provisions of this Act.
Section 52. Report to Congress. - The Department shall report to
Congress, not later than March 30 of every year following the approval
of this Act, the progress of the pollution control efforts and make the
necessary recommendations in areas where there is need for legislative
action.
Section 53. Joint Congressional Oversight Committee. - There is
hereby created a joint congressional oversight committee to monitor the
implementation of this Act. The committee shall be composed of five (5)
senators and five (5) representatives to be appointed by the Senate
President and the Speaker of the House of Representatives,
respectively, the oversight committee shall be co-chaired by a senator
and a representative designated by the Senate President and the
Speaker of the House of Representatives, respectively.
The mandate given to the joint congressional oversight committee
under this Act shall be without prejudice to the performance of the
duties and functions by the respective existing oversight committees of
the Senate and the House of Representatives.
Section 54. Separability of Provisions. - If any provision of this Act or
the application of such provision to any person or circumstances is
declared unconstitutional, the remainder of the Act or the application of
such provision to other person or circumstances shall not be affected by
such declaration.
Section 55. Repealing Clause. - Presidential Decree No. 1181 is
hereby repealed. Presidential Decrees Nos. 1152, 1586 and
Presidential Decree No. 984 are partly modified. All other laws, orders,
issuance, rules and regulations inconsistent herewith are hereby
repealed or modified accordingly.
Section 56. Effectivity. - This Act shall take effect fifteen (15) days
from the date of its publication in the Official Gazette or in at least two
(2) newspapers of general circulation.
REPUBLIC ACT NO. 9711
Republic of the Philippines
Congress of the Philippines
Metro Manila
Fourteenth Congress
Second Regular Session
Begun and held in Metro Manila, on Monday, the twenty-eight day of July,
two thousand eight.
[REPUBLIC ACT NO. 9711]
AN ACT STRENGTHENING AND RATIONALIZING THE
REGULATORY CAPACITY OF THE BUREAU OF FOOD AND DRUGS
(BFAD) BY ESTABLISHING ADEQUATE TESTING LABORATORIES
AND FIELD OFFICES, UPGRADING ITS EQUIPMENT, AUGMENTING
ITS HUMAN RESOURCE COMPLEMENT, GIVING AUTHORITY TO
RETAIN ITS INCOME, RENAMING IT THE FOOD AND DRUG
ADMINISTRATION (FDA), AMENDING CERTAIN SECTIONS OF
REPUBLIC ACT NO. 3720, AS AMENDED, AND APPROPRIATING
FUNDS THEREOF
Be it enacted by the Senate and House of Representatives of the
Philippines in Congress assembled:
SECTION 1. The Bureau of Food and Drugs (BFAD) is hereby renamed
the Food and Drug Administration (FDA).
SEC. 2. This Act shall be known as the “Food and Drug Administration
(FDA) Act of 2009”.
SEC. 3. It is hereby declared a policy of the State to adopt, support,
establish, institutionalize, improve and maintain structures, processes,
mechanisms and initiatives that are aimed, directed and designed to: (a)
protect and promote the right to health of the Filipino people; and (b) help
establish and maintain an effective health products regulatory system
and undertake appropriate health manpower development and research,
responsive to the country’s health needs and problems. Pursuant to this
policy, the State must enhance its regulatory capacity and strengthen its
capability with regard to the inspection, licensing and monitoring of
establishments, and the registration and monitoring of health products.
SEC. 4. This Act has the following objectives:
(a) To enhance and strengthen the administrative and technical capacity
of the FDA in the regulation of establishments and products under its
jurisdiction;
(b) To ensure the FDA’s monitoring and regulatory coverage over
establishments and products under its jurisdiction; and
(c) To provide coherence in the FDA’s regulatory system for
establishments and products under its jurisdiction.
SEC. 5. Section 4 of Republic Act No. 3720, as amended, is hereby
further amended to read as follows:
“SEC. 4. To carry out the provisions of this Act, there is hereby created
an office to be called the Food and Drug Administration (FDA) in the
Department of Health (DOH). Said Administration shall be under the
Office of the Secretary and shall have the following functions, powers and
duties:
“(a) To administer the effective implementation of this Act and of the rules
and regulations issued pursuant to the same;
“(b) To assume primary jurisdiction in the collection of samples of health
products;
“(c) To analyze and inspect health products in connection with the
implementation of this Act;
“(d) To establish analytical data to serve as basis for the preparation of
health products standards, and to recommend standards of identity,
purity, safety, efficacy, quality and fill of container;
“(e) To issue certificates of compliance with technical requirements to
serve as basis for the issuance of appropriate authorization and spot-
check for compliance with regulations regarding operation of
manufacturers, importers, exporters, distributors, wholesalers, drug
outlets, and other establishments and facilities of health products, as
determined by the FDA;
“(h) To conduct appropriate tests on all applicable health products prior
to the issuance of appropriate authorizations to ensure safety, efficacy,
purity, and quality;
“(i) To require all manufacturers, traders, distributors, importers,
exporters, wholesalers, retailers, consumers, and non-consumer users of
health products to report to the FDA any incident that reasonably
indicates that said product has caused or contributed to the death,
serious illness or serious injury to a consumer, a patient, or any person;
“(j) To issue cease and desist orders motu propio or upon verified
complaint for health products, whether or not registered with the FDA:
Provided, That for registered health products, the cease and desist order
is valid for thirty (30) days and may be extended for sixty (60) days only
after due process has been observed;
“(k) After due process, to order the ban, recall, and/or withdrawal of any
health product found to have caused the death, serious illness or serious
injury to a consumer or patient, or is found to be imminently injurious,
unsafe, dangerous, or grossly deceptive, and to require all concerned to
implement the risk management plan which is a requirement for the
issuance of the appropriate authorization;
“(l) To strengthen the post market surveillance system in monitoring
health products as defined in this Act and incidents of adverse events
involving such products;
“(m) To develop and issue standards and appropriate authorizations that
would cover establishments, facilities and health products;
“(n) To conduct, supervise, monitor and audit research studies on health
and safety issues of health products undertaken by entities duly approved
by the FDA;
“(o) To prescribe standards, guidelines, and regulations with respect to
information, advertisements and other marketing instruments and
promotion, sponsorship, and other marketing activities about the health
products as covered in this Act;
“(p) To maintain bonded warehouses and/or establish the same,
whenever necessary or appropriate, as determined by the director-
general for confiscated goods in strategic areas of the country especially
at major ports of entry; and
“(q) To exercise such other powers and perform such other functions as
may be necessary to carry out its duties and responsibilities under this
Act.”
SEC. 6. Section 5 of Republic Act No. 3720, as amended, is hereby
further amended and new subsections are added to read as follows:
“SEC. 5. The FDA shall have the following centers and offices:
“(a) The Centers shall be established per major product category that is
regulated, namely:
“(1) Center for Drug Regulation and Research (to include veterinary
medicine, vaccines and biologicals);
“(2) Center for Food Regulation and Research;
“(3) Center for Cosmetics Regulation and Research (to include
household hazardous/urban substances); and
“(4) Center for Device Regulation, Radiation Health, and Research.
“These Centers shall regulate the manufacture, importation, exportation,
distribution, sale, offer for sale, transfer, promotion, advertisement,
sponsorship of, and/or, where appropriate, the use and testing of health
products. The Centers shall likewise conduct research on the safety,
efficacy, and quality of health products, and to institute standards for the
same.
“(b) Each Center shall be headed by a director. The Centers shall be so
organized such that each will have, at least, the following divisions:
“(1) Licensing and Registration Division, which shall be responsible for
evaluating health products and establishments as covered by this Act for
the purpose of issuance of authorizations and conditions to be observed;
“(2) Product Research and Standards Development Division, which shall
be responsible for the conduct of research, development of standards
and regulations, compliance monitoring, and the oversight and audit of
related researches that would ensure safety, quality, purity and efficacy
of health products, as covered in this Act; and
“(3) Laboratory Support Division, which shall be responsible for the
conduct of research and appropriate tests and calibration, analyses and
trials of products including, but not limited to, assays, and the conduct of
oversight and/or audit of centers conducting bioavailability and
bioequivalence tests and other tests as covered by this Act. It shall
likewise provide direct line support to the centers which shall be separate
and distinct per major product category that is regulated.
“(c) The Administration and Finance Office headed by the deputy
director-general for administration and finance shall have, at least, the
following divisions: the Human Resource Development Division; Property
and Logistics Management Division; Human Resource Management
Division; Assets and Financial Management Division; and the Information
and Communication Technology Management Division.
“(d) The Policy and Planning Office which shall be under the Office of the
Director-General shall have, at least, a training, advocacy and
communications division and shall monitor the performance of the
centers for product research and evaluation and standards development.
“(e) The Field Regulatory Operations Office headed by the deputy
director-general for field regulatory operations shall include, among
others, all the field offices, field or satellite laboratories and the regulatory
enforcement units.
“(f) The Legal Services Support Center shall provide legal services to the
entire FDA and shall be directly under the Office of the Director-General.”
SEC. 7. Section 6 of Republic Act No. 3720, as amended, is hereby
further amended, to read as follows:
“(a) The FDA shall be headed by a director-general, with the rank of
undersecretary, who shall be tasked, among others, to determine the
needed personnel and, to appoint personnel, below the assistant director
level in coordination with the Secretary of Health.
“(b) The director-general shall be assisted by two (2) deputy directors-
general, one for administration and finance and another for field
regulatory operations.
“(c) The director-general and deputy directors-general shall be appointed
by the President of the Republic of the Philippines.
“(d) The director-general shall, preferably, possess either a university
degree in medicine or at least the relevant master’s degree in
pharmaceutical sciences or allied sciences, or equivalent executive
course in any regulatory management. In addition, he/she shall have
management experience in his/her field of discipline or profession and in
any development, manufacturing, regulatory work or quality assurance of
products as covered in this Act.
“(e) The Deputy Director-General for Field Regulatory Operations of the
FDA shall, preferably, possess the relevant master’s degree in
pharmaceutical sciences or allied sciences, or equivalent executive
course in any regulatory management. In addition, he/she shall have
management experience in his/her field of discipline or profession and in
any development, manufacturing, regulatory work or quality assurance of
products as covered in this Act.
“(f) The Deputy Director-General for Administration and Finance of the
FDA shall be a certified public accountant or shall possess a master’s
degree in accounting, management, economics or any business course,
and must have management experience in a position related to his/her
field of discipline or profession.
“(g) A person who was previously employed in a regular full-time capacity
regardless of its consultative designation at higher management
supervisory levels in regulated establishments, including related
foundations, shall be disqualified from appointment as director-general
and deputy director-general within three (3) years from termination of
employment with the said establishment or foundation. All persons who
are candidates for appointment as director-general and deputy director-
general must disclose all their incomes for the past three (3) years from
all establishments regulated by this Act. The director-general and the two
(2) deputy directors-general shall, upon assumption into office, declare
any conflict of interest with any establishment covered by the FDA,
including their foundations.
“(h) Each center and field office shall be headed by a director who shall
be assisted by an assistant director. These directors shall be appointed
by the Secretary of Health.
“(i) The existing directors of the Bureau of Health Devices and
Technology (BHDT) and division chiefs of the BFAD shall be given
preference for appointment as directors and assistant directors of their
respective centers: Provided, That if the current officers of the BFAD and
the BHDT applying for the above positions lack the required third level
civil service eligibility, they will have to comply with the said requirement
within three (3) years from their appointment, otherwise their appointment
shall be revoked immediately.”
SEC. 8. Section 7 of Republic Act No. 3720, as amended, is hereby
further amended to read as follows:
“The FDA shall review its staffing pattern and position titles subject to the
approval of the Secretary of Health.”
SEC. 9. Section 10, subsections (a), (e), (f), (g), (h), (i), (q), (r), (v), and
(w) of Republic Act No. 3720, as amended, are hereby further amended,
and new subsections (x), (y), (z), (aa), (bb), (cc), (dd), (ee), (ff), (gg), (hh),
(ii), (jj), (kk), (ll), and (mm) are hereby added to read as follows:
“SEC. 10. For the purposes of this Act, the term:
“(a) ‘FDA’ means the Food and Drug Administration.
“(e) ‘Food’ means any processed substance which is intended for human
consumption and includes drink for man, beverages, chewing gum and
any substances which have been used as an ingredient in the
manufacture, preparation or treatment of food.
“(f) ‘Drug’ means: (1) articles recognized in official pharmacopeias and
formularies, including official homeopathic pharmacopeias, or any
documentary supplement to any of them, which are recognized and
adopted by the FDA; (2) articles intended for use in the diagnosis, cure,
mitigation, treatment, or prevention of disease in man or other animals;
(3) articles (other than food) intended to affect the structure of any
function of the body of humans or animals; or (4) articles intended for use
as a component of any articles specified in clauses (1), (2), or (3) but do
not include devices or their components, parts or accessories.
“(g) ‘Device’ means medical devices, radiation devices and health-related
devices.
“(1) ‘Medical device’ means any instrument, apparatus, implement,
machine, appliance, implant, in-vitro reagent or calibrator, software,
material, or other similar or related article intended by the manufacturer
to be used alone, or in combination, for human beings for one or more of
the specific purpose(s) of: diagnosis, prevention, monitoring, treatment
or alleviation of disease; diagnosis, monitoring, treatment, alleviation of,
or compensation for an injury; investigation, replacement, modification,
or support of the anatomy or of a physiological process; supporting or
sustaining life; preventing infection; control of conception; disinfection of
medical devices; and providing information for medical or diagnostic
purposes by means of in-vitro examination of specimens derived from the
human body. This device does not achieve its primary intended action in
or on the human body by pharmacological, immunological or metabolic
means but which may be assisted in its intended function by such means.
“(2) ‘Radiation device’ means an electrical or electronic apparatus
emitting any ionizing or non-ionizing electromagnetic or particulate
radiation; or any sonic, infrasonic, or ultrasonic wave. It includes ionizing
radiation emitting equipment which is not intentionally designed to
produce radioactive materials.
“(3) ‘Health-related device’ means any device not used in health care but
has been determined by the FDA to adversely affect the health of the
people.
“(h) ‘Cosmetics’ means any substance or preparation intended to be
placed in contact with the various external parts of the human body or
with the teeth and the mucous membranes of the oral cavity, with a view
exclusively or mainly to cleaning them, perfuming them, changing their
appearance and/or correcting body odor, and/or protecting the body or
keeping them in good condition.
“(i) ‘Label’ means a display of written, printed, or graphic matter upon the
immediate container of any article and a requirement made by or under
authority of this Act that any word, statement, or other information
appearing on the label shall not be considered to be complied with unless
such word, statement, or other information also appears on the outside
container or wrapper, if any there be, of the retail package of such article,
or easily legible through the outside container or wrapper.
“(q) ‘Director-general’ means the head of the FDA.
“(r) ‘Distribute’ means the delivery or sale of any health product for
purposes of distribution in commerce, except that such term does not
include the manufacture or retail of such product.
“(v) ‘Manufacturer’, in relation to a health product, means an
establishment engaged in any and all operations involved in the
production of health products including preparation, processing,
compounding, formulating, filling, packing, repacking, altering,
ornamenting, finishing and labeling with the end in view of its storage,
sale or distribution: Provided, That the term shall not apply to the
compounding and filling of prescriptions in drugstores and hospital
pharmacies. A trader shall be categorized as a manufacturer.
“(w) ‘Veterinary drugs’ means drugs intended for use for animals
including any drug intended for use in animal feeds but not including
animal feeds within the contemplation of the implementing rules and
regulations.
“(x) ‘Assay’ is an analysis to determine the (1) presence of a substance
and the amount of that substance, or (2) the pharmaceutical potency of
a drug.
“(y) ‘Authorization’ means a permission embodied in a document granted
by the FDA to a natural or juridical person who has submitted an
application to implement the manufacture, importation, exportation, sale,
offer for sale, distribution, transfer, and/or, where appropriate, the use,
testing, promotion, advertising, or sponsorship of health products. The
authorization can take the form of a permit, a license, a certificate of
registration, of accreditation, of compliance, or of exemption, or any
similar document.
“(z) ‘Bioavailability’ means the rate and extent to which the active
ingredient or therapeutic ingredient is absorbed from a drug and becomes
available at the site of drug action.
“(aa) ‘Bioequivalence’ means the rate and extent of absorption to which
the drugs do not show a significant difference from the rate and extent of
the listed drug when administered at the same molar dose of the
therapeutic ingredient under similar experimental conditions in either a
single dose or multiple doses. Bioequivalence shall also refer to the
absence of a significant difference on the rate and extent to which the
active ingredient(s) of the sample and reference drug becomes available
at the site of drug action when administered under the same molar dose
and under similar conditions.
“(bb) ‘Distributor/importer/exporter’ means any establishment that
imports or exports raw materials, active ingredients and/or finished
products for its own use or for wholesale distribution to other
establishments or outlets. If the distributor/importer/exporter sells to the
general public, it shall be considered a retailer.
“(cc) ‘Distributor/wholesaler’ means any establishment that procures raw
materials, active ingredients and/or finished products from local
establishments for local distribution on wholesale basis.
“(dd) ‘Establishment’ means a sole proprietorship, a partnership, a
corporation, an institution, an association, or an organization engaged in
the manufacture, importation, exportation, sale, offer for sale, distribution,
donation, transfer, use, testing, promotion, advertising, or sponsorship of
health products including the facilities and installations needed for its
activities.
“(ee) ‘Food/dietary supplement’ means a processed food product
intended to supplement the diet that bears or contains one or more of the
following dietary ingredients: vitamin, mineral, herb, or other botanical,
amino acid, and dietary substance to increase the total daily intake in
amounts conforming to the latest Philippine recommended energy and
nutrient intakes or internationally agreed minimum daily requirements. It
usually is in the form of capsules, tablets, liquids, gels, powders or pills
and not represented for use as a conventional food or as the sole item of
a meal or diet or replacement of drugs and medicines.
“(ff) ‘Health products’ means food, drugs, cosmetics, devices, biologicals,
vaccines, in-vitro diagnostic reagents and household/urban hazardous
substances and/or a combination of and/or a derivative thereof. It shall
also refer to products that may have an effect on health which require
regulations as determined by the FDA.
“(gg) ‘Household/urban hazardous substance’ is:
“(1) Any substance or mixture of substances intended for individual or
limited purposes and which is toxic, corrosive, an irritant, a strong
sensitizer, is flammable or combustible, or generates pressure through
decomposition, heat or other means, if such substance or mixture of
substances may cause substantial injury or substantial illness during or
as a proximate result of any customary or reasonably foreseeable
ingestion by children, but shall not include agricultural fertilizer, pesticide,
and insecticide, and other economic poisons, radioactive substance, or
substances intended for use as fuels, coolants, refrigerants and the like;
“(2) Any substance which the FDA finds to be under the categories
enumerated in clause (1) of this paragraph;
“(3) Any toy or other articles intended for use by children which the FDA
may determine to pose an electrical, chemical, physical, or thermal
hazard; and
“(4) This term shall not apply to food, drugs, cosmetics, devices, or to
substances intended for use as fuels when stored in containers and used
in the heating, cooking or refrigeration system of a house, but such term
shall apply to any article which is not in itself an agricultural pesticide but
which is a hazardous substance, as construed in paragraph (1) of this
section, by reason of bearing or containing such harmful substances
described therein.
“(hh) ‘In-vitro diagnostic reagents’ are reagents and systems intended for
use in the diagnosis of disease or other conditions, including a
determination of the state of health, in order to cure, mitigate, treat or
prevent disease or its sequelae.
“(ii) ‘Licensing’ means the process of approval of an application to
operate or establish an establishment prior to engaging in the
manufacture, importation, exportation, sale, offer for sale, distribution,
transfer, and where applicable the use, testing, promotion,
advertisement, and/or sponsorship of health products.
“(jj) ‘Misbranding’ means, in addition to definitions in existing laws,
misinformation or misleading information on the label or other information
materials authorized by the FDA. It shall not refer to copyright, trademark,
or other intellectual property-like instruments.
“(kk) ‘Registration’ means the process of approval of an application to
register health products prior to engaging in the manufacture,
importation, exportation, sale, offer for sale, distribution, transfer, and
where applicable, the use, testing, promotion, advertisement, and/or
sponsorship of health products.
“(ll) ‘Trader’ means any establishment which is a registered owner of a
health product and procures the raw materials and packing components
and provides the production monographs, quality control standards and
procedures, but subcontract the manufacture of such product to a
licensed manufacturer. In addition, a trader may also engage in the
distribution and/or marketing of its products.
“(mm) ‘Retailer’ means any establishment which sells or offers to sell any
health product directly to the general public.”
SEC. 10. Section 11, subsections (a), (b), (d), (g), (j), (k) and (l) of
Republic Act No. 3720, as amended, are hereby further amended to read
as follows:
“SEC. 11. The following acts and the causing thereof are hereby
prohibited:
“(a) The manufacture, importation, exportation, sale, offering for sale,
distribution, transfer, non-consumer use, promotion, advertising, or
sponsorship of any health product that is adulterated, unregistered or
misbranded.
“(b) The adulteration or misbranding of any health product.
“(d) The giving of a guaranty or undertaking referred to in Section twelve
(b) hereof which guaranty or undertaking is false, except by a person who
relied upon a guaranty or undertaking to the same effect, signed by, and
containing the name and address of the person or entity from whom he
received in good faith the health products or the giving of a guaranty or
undertaking referred to in Section twelve (b) which guaranty or
undertaking is false.
“(g) The alteration, mutilation, destruction, obliteration, or removal of the
whole or any part of the labeling of, or the doing of any other act with
respect to health products if such act is done while such article is held for
sale (whether or not the first sale) and results in such article being
adulterated or misbranded: Provided, That a retailer may sell in smaller
quantities, subject to guidelines issued by the FDA.
“(j) The manufacture, importation, exportation, sale, offering for sale,
distribution, transfer, non-consumer use, promotion, advertisement, or
sponsorship of any health product which, although requiring registration,
is not registered with the FDA pursuant to this Act.
“(k) The manufacture, importation, exportation, sale, offering for sale,
distribution, transfer, or retail of any drug, device or in-vitro diagnostic
reagent; the manufacture, importation, exportation, transfer or
distribution of any food, cosmetic or household/urban hazardous
substance; or the operation of a radiation or pest control establishment
by any natural or juridical person without the license to operate from the
FDA required under this Act.
“(l) The sale, offering for sale, importation, exportation, distribution or
transfer of any health product beyond its expiration or expiry date, if
applicable.
“The prohibited acts mentioned herein shall cover all applicable health
products.”
SEC. 11. Section 12, subsection (a) of Republic Act No. 3720, as
amended, is hereby further amended to read as follows:
“SEC. 12. (a) Any person who violates any of the provisions of Section
eleven hereof shall, upon conviction, suffer the penalty of imprisonment
ranging from one (1) year but not more than ten (10) years or a fine of
not less than Fifty thousand pesos (P50,000.00) but not more than Five
hundred thousand pesos (P500,000.00), or both, at the discretion of the
court: Provided, That if the offender is a manufacturer, importer or
distributor of any health product, the penalty of at least five (5) years
imprisonment but not more than ten (10) years and a fine of at least Five
hundred thousand pesos (P500,000.00) but not more than Five million
pesos (P5,000,000.00) shall be imposed: Provided, further, That an
additional fine of one percent (1%) of the economic value/cost of the
violative product or violation, or One thousand pesos (P1,000.00),
whichever is higher, shall be imposed for each day of continuing violation:
Provided, finally, That health products found in violation of the provisions
of this Act and other relevant laws, rules and regulations may be seized
and held in custody pending proceedings, without hearing or court order,
when the director-general has reasonable cause to believe from facts
found by him/her or an authorized officer or employee of the FDA that
such health products may cause injury or prejudice to the consuming
public.
“Should the offense be committed by a juridical person, the Chairman of
the Board of Directors, the president, general manager, or the partners
and/or the persons directly responsible therefor shall be penalized.
“Should the offense be committed by a foreign national, he/she shall, in
addition to the penalties prescribed, be deported without further
proceedings after service of sentence.
SEC. 12. Section 26, subsections (c) and (d) of Republic Act No. 3720,
as amended, are hereby further amended and subsection (g) is hereby
added thereto to read as follows:
“(c) Hearings authorized or required by this Act shall be conducted by the
FDA.
“(d) Upon preliminary findings of the conduct of prohibited act/s, the
director-general shall issue the proper notices or orders to the person or
persons concerned and such person or persons shall be given an
opportunity to be heard before the FDA.
“(g) Both criminal and administrative actions may be instituted separately
and independent of one another.”
SEC. 13. Section 29-A of Republic Act No. 3720, as amended, is hereby
further amended, and new subsections are added to read as follows:
“SEC. 29-A. Administrative Sanctions. — Where there is finding of
prohibited actions and determination of the persons liable thereto, after
notice and hearing, the director-general is empowered to impose one or
more of the following administrative penalties:
“(1) Cancellation of any authorization which may have been granted by
the FDA, or suspension of the validity thereof for such period of time as
the director-general may deem reasonable which shall not exceed one
(1) year;
“(2) A fine of not less than Fifty thousand pesos (P50,000.00) but not
more than Five hundred thousand pesos (P500,000.00). An additional
fine of not more than One thousand pesos (P1,000.00) shall be imposed
for each day of continuing violation; and
“(3) Destruction and/or appropriate disposition of the subject health
product, and/or closure of the establishment for any violation of this Act,
as determined by the director-general.”
SEC. 14. A new Section 30 and a new headnote “Additional Powers and
Functions of the Director-General” are hereby added to Republic Act No.
3720, which shall read as follows:
“SEC. 30. The Director-General shall also exercise the following powers:
“(1) To hold in direct or indirect contempt any person who disregards
orders or writs he or she issues and impose the appropriate penalties
following the same procedures and penalties provided in the Rules of
Court;
“(2) To administer oaths and affirmations and issue subpoena duces
tecum and subpoena ad testificandum requiring the production of such
books, contracts, correspondence, records, statement of accounts and
other documents and/or the attendance and testimony of parties and
witnesses as may be material to the investigation conducted by the FDA;
“(3) To obtain information from any officer or office of the national or local
governments, government agencies and its instrumentalities;
“(4) To issue orders of seizure, to seize and hold in custody any article or
articles of food, device, cosmetics, household hazardous substances and
health products that is adulterated, counterfeited, misbranded or
unregistered, or drug, in-vitro diagnostic reagent, biologicals, and vaccine
that is adulterated or misbranded, when introduced into domestic
commerce pending the authorized hearing under Republic Act No. 3720,
as amended, Executive Order No. 175 (1987), and Republic Act No.
7394, otherwise known as the Consumers Act of the Philippines;
“(5) To call on the assistance of any department, office or agency and
deputize members of the Philippine National Police or any law
enforcement agency for the effective implementation of this Act; and
“(6) To exercise such powers and functions as may be necessary for the
effective implementation of this Act.”
SEC. 15. Two new sections shall be added, which shall be the new
Sections 31 and 32 of Republic Act No. 3720, as amended, which shall
read as follows:
“SEC. 31. The orders, rulings or decisions of the FDA shall become final
and executory fifteen (15) days after the receipt of a copy thereof by the
party adversely affected unless within that period, an administrative
appeal has been perfected. One motion for reconsideration may be filed,
which shall suspend the running of the said period.”
“SEC. 32. The orders, rulings or decisions of the FDA shall be appealable
to the Secretary of Health. An appeal shall be deemed perfected upon
filing of the notice of appeal and posting of the corresponding appeal
bond.
“An appeal shall not stay the decision appealed from unless an order from
the Secretary of Health is issued to stay the execution thereof.”
SEC. 16. Section 30 of Republic Act No. 3720, as amended, shall be
renumbered as Section 33, and the subsequent sections shall also be
renumbered accordingly.
SEC. 17. Section 31, Chapter XIII of Republic Act No. 3720, as amended,
is hereby further amended to read as follows:
“SEC. 34. Fees and Other Income. —
“(a) Upon the sole approval of the Secretary, the authorization and other
fees shall annually be determined and reviewed by the FDA and any
proposed increase shall be published in two (2) leading newspapers of
general circulation.
“(b) There shall be determined and constituted additional fees such as
sale of publications and services, assessment fees, fines, penalties, and
other fees and charges outside the usual licensing and registration fees,
to be known as ‘other related regulatory fees’.
“(c) The Director-General of the FDA, upon approval of the Secretary,
shall be authorized to promulgate rules and regulations governing the
collection of the ‘other related regulatory fees’. Upon approval of the
Secretary, these fees shall likewise be reviewed periodically and any
proposed increase shall be published in two (2) leading newspapers of
general circulation.”
SEC. 18. All income that the FDA is allowed to retain under Section 31 of
the Universally Accessible Cheaper and Quality Medicines Act of 2008
shall, any provision of law to the contrary notwithstanding, be deposited
in an authorized government depository bank as a special regulatory
fund. Any interest earned by such fund shall form part of the retained
income. Such fund shall be used primarily for the acquisition of office and
laboratory space, human resource development and expansion,
purchase of laboratory equipment and motor vehicles, the upgrading of
its current facilities and equipment and maintenance, other operating
expenses of the central office laboratory divisions and satellite
laboratories in Davao, Cebu and other testing laboratories, in case the
above laboratories will be increased, and other activities or services of
the agency in the performance of its mandate.
The fund shall be allowed to accept grants, donations and all other
endowments from local and external sources in accordance with
pertinent laws, rules and regulations.
The retention, use and application of this fund shall not be delayed,
amended, altered or modified, or affected in any way by an order or
directive from any executive office, but will be subject only to the general
accounting rules and guidelines by the Commission on Audit (COA). The
primary purpose of the fund as herein stated shall prevail over any other
purpose that may be pursued by the FDA on its own initiative or through
an order or directive by any higher office. The FDA shall submit to the
Secretary of Health, the Secretary of Budget and Management and the
Congressional Oversight Committee, created under Section 23 of this
Act, a report on how the funds were utilized, including its
accomplishments.
There shall also be established a legal fund out of the interest earned
from the retained income for use in case of legal actions against the
officials and employees of the FDA in the course of the exercise of their
official functions and duties.
SEC. 19. The FDA shall establish a Regulatory Enforcement Unit (REU)
for a period not exceeding five (5) years from the effectivity of this Act. It
shall be composed of at least five (5) qualified personnel in every region
who shall be directly under the control and supervision of the Deputy
Director-General for Field Regulatory Operations and shall be
administratively supported by the field offices. They shall:
(a) Bear arms, wear official uniforms and insignias and shall be classified
as law enforcement agents;
(b) Serve and execute rulings, orders, and decisions of the Director-
General of the FDA; and
(c) Execute and serve search warrants and arrest warrants issued by the
courts in connection with violations under this Act and related laws
concerning the regulation of health products.
All law enforcement agents shall undergo the appropriate training to
equip them with the necessary skills needed for this purpose. Their
authority and functions shall be strictly limited to the implementation of
the FDA’s regulatory functions.
All regional regulatory enforcement units shall be headed by a lawyer
who is at least thirty (30) years old but not older than fifty (50), an
Integrated Bar of the Philippines (IBP) member of good standing, and
shall have a rank of a Division Director; and an assistant who must be at
the very least a law graduate who shall have a rank of an Assistant
Division Director.
SEC. 20. A new chapter XIV and three new sections, Sections 35, 36,
and 37 shall be introduced, which shall read as follows:
“CHAPTER XIV
“TESTING LABORATORIES AND FIELD OFFICES
“SEC. 35. The FDA is hereby mandated to improve, upgrade and
increase the capability of the agency, to test, calibrate, assay and
examine samples of health products. For the purpose of achieving the
above mandate, there shall be established at least one (1) testing
laboratory each in Luzon, Visayas and Mindanao, which shall have the
necessary and appropriate state-of-the-art laboratory equipment and
personnel complement. The main testing laboratories at the central office
shall be maintained and shall serve as a support unit to the centers for
product research and evaluation and standards development and shall
serve as testing centers that would include assay and the conduct,
supervision, oversight and/or audit of bioequivalence and bioavailability
test/researches, among others. The existing laboratories in Cebu and
Davao will be upgraded and transformed as quality assurance
laboratories, while another one will be established in Subic, Zambales.
“The testing laboratories may be increased by the director-general, upon
approval of the Secretary. Moreover, the director-general, upon approval
of the Secretary, may call upon other government and private testing
laboratories to conduct testing, calibration, assay and examination of
samples of health products: Provided, That the private testing
laboratories are accredited by the Philippine Accreditation Office (PAO)
of the Department of Trade and Industry (DTI) and the DOH.”
“SEC. 36. The FDA shall establish field offices in all regions of the country
to effectively implement its regulatory functions. The current regional food
and drug regulatory officers and regional health physicists in every
regional office of the DOH shall now be put under the FDA’s sole control
and supervision. The regional field office shall also assume primary
jurisdiction in the collection of samples of food, drugs, devices and
cosmetics being imported or offered for import at a port of entry other
than Manila in his/her assigned region and where it appears that said
items or products satisfy any of the conditions as provided for in Section
33(a) of Republic Act No. 3720, as amended, without prejudice to the
exercise of the powers of the director-general provided under Sections
13 and 14 of this Act in the exercise of the agency’s regulatory functions.
The field offices shall be comprised of the following: (a) licensing,
inspection and compliance division, which shall have charge of the
inspection of food, drugs and cosmetic establishments engaged in their
manufacture, importation, distribution, and sale; (b) satellite laboratory
division; and (c) administrative division.”
“SEC. 37. The FDA, with the approval of the Secretary, shall create
organizational units which are deemed necessary to address emerging
concerns and to be abreast with internationally acceptable standards.
There shall be created additional plantilla positions to augment the
human resource complement of the FDA, subject to existing rules and
regulations.”
SEC. 21. Appropriations. — The appropriations for the BFAD and the
BHDT included in the budget of the DOH under the current General
Appropriations Act shall be used to carry out the implementation of this
Act. The appropriation may be augmented by the income which the
agency is authorized to use under this Act. Thereafter, such sums as may
be necessary for its continued implementation shall be included in the
annual General Appropriations Act.
SEC. 22. Implementing Rules and Regulations. — The DOH shall
promulgate, in consultation with the FDA, the implementing rules and
regulations of this Act within one hundred twenty (120) days after the
passage of this Act.
SEC. 23. Congressional Oversight Committee. — A Congressional
Oversight Committee (COC) is hereby created composed of the
Chairpersons of the Committees on Health and Appropriations of the
House of Representatives and two (2) Members to be appointed by the
Speaker, the Chairpersons of the Committees on Health and Finance of
the Senate and two (2) Members to be appointed by the President of the
Senate, to oversee the implementation of this Act for a period of five (5)
years and to review the accomplishments and the utilization of income of
the FDA. The secretariat of the COC shall be drawn from the existing
personnel of the committees comprising the COC.
SEC. 24. Transitory Provisions. — The BFAD Director and Deputy
Director shall serve as FDA Director-General and Deputy Director-
General for Field Regulatory Operations, respectively. The current
officials and employees of the BFAD shall be transferred as far as
practicable to the appropriate unit in the FDA as determined by the
Director-General. The current officials and employees of the BHDT shall
be transferred to the Center for Device Regulation, Radiation Health, and
Research. The current regional food and drug regulatory officers and
regional health physicists under the Centers for Health Development of
the DOH shall be transferred as far as practicable to the appropriate unit
in the FDA as determined by the Director-General. There shall be no
demotion in ranks and positions and no diminution in salaries, benefits,
allowances and emoluments of all BFAD, BHDT and indicated Center for
Health and Development (CHD) personnel transferred to the FDA. All
positions, powers, functions and duties together with the facilities,
equipment, supplies, records, files, appropriations, and funds for these
bureaus and the indicated CHD personnel shall be transferred to the
FDA.
SEC. 25. Coverage. — This Act shall govern all health products:
Provided, That nothing in this Act shall be deemed to modify the sole and
exclusive jurisdiction of other specialized agencies and special laws only
insofar as the acts covered by these specialized agencies and laws,
including, but not limited to, those covered by Republic Act No. 9211,
Executive Order No. 245, Executive Order No. 18, and Presidential
Decree No. 1468.
SEC. 26. Separability Clause. — If any part, section or provision of this
Act shall be declared invalid or unconstitutional, other provisions or parts
thereof which are not affected thereby shall remain in full force and effect.
SEC. 27. Repealing Clause. — Laws or part of laws, executive orders,
circulars, regulations and memoranda inconsistent with this Act are
hereby repealed or amended accordingly.
SEC. 28. Effectivity Clause. — This Act shall take effect fifteen (15) days
after its publication in the Official Gazette or in two (2) newspapers of
general circulation.
REPUBLIC ACT No. 10586
Fifteenth Congress
Third Regular Session
Begun and held in Metro Manila, on Monday, the twenty-third day of
July, two thousand twelve.
REPUBLIC ACT No. 10586
AN ACT PENALIZING PERSONS DRIVING UNDER THE INFLUENCE
OF ALCOHOL, DANGEROUS DRUGS, AND SIMILAR
SUBSTANCES, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the
Philippines in Congress assembled:
Section 1. Short Title. – This Act shall be known as the "Anti-Drunk and
Drugged Driving Act of 2013″.
Section 2. Declaration of Policy. – Pursuant to the Constitutional
principle that recognizes the protection of life and property and the
promotion of the general welfare as essential for the enjoyment of the
blessing of democracy, it is hereby declared the policy of the State to
ensure road safety through the observance of the citizenry of
responsible and ethical driving standards.
Towards this end, the State shall penalize the acts of driving under the
influence of alcohol, dangerous drugs and other intoxicating substances
and shall inculcate the standards of safe driving and the benefits that
may be derived from it through institutional programs and appropriate
public information strategies.
Section 3. Definition of Terms. – For purposes of this Act:
(a) Alcohol refers to alcoholic beverages classified into beer,
wine and distilled spirits, the consumption of which produces
intoxication.
(b) Breath analyzer refers to the equipment which can determine
the blood alcohol concentration level of a person through testing
of his breath.
(c) Chemical tests refer to breath, saliva, urine or blood tests to
determine the blood alcohol concentration level and/or positive
indication of dangerous drugs and similar substances in a
person’s body.
(d) Dangerous drugs and other similar substances refer to drugs
listed in the schedules annexed to the 1961 Single Convention
on Narcotics Drugs, as amended by the 1972 Protocol, and in
the schedules annexed to the 1971 Single Convention of
Psychotropic Substances as enumerated in its attachment which
is an integral part of Republic Act No. 9165, otherwise known as
the "Comprehensive Dangerous Drugs Act of 2002″ and those
that the Board may reclassify, add to or remove from the list of
dangerous drugs.
(e) Driving under the influence of alcohol refers to the act of
operating a motor vehicle while the driver’s blood alcohol
concentration level has, after being subjected to a breath
analyzer test, reached the level of intoxication, as established
jointly by the Department of Health (DOH), the National Police
Commission (NAPOLCOM) and the Department of
Transportation and Communications (DOTC).
(f) Driving under the influence of dangerous drugs and other
similar substances refers to the act of operating a motor vehicle
while the driver, after being subjected to a confirmatory test as
mandated under Republic Act No. 9165, is found to be positive
for use of any dangerous drug.
(g) Field sobriety tests refer to standardized tests to initially
assess and determine intoxication, such as the horizontal gaze
nystagmus, the walk-and-turn, the one-leg stand, and other
similar tests as determined jointly by the DOH, the NAPOLCOM
and the DOTC.
(h) Motor vehicle refers to any land transportation vehicle
propelled by any power other than muscular power.
(i) Motor vehicles designed to carry hazardous materials refer to
those designed to carry or transport materials which may
endanger health and lives of the public.
(j) Public utility vehicles refer to motor vehicles for hire and used
to carry or transport passengers or goods.
Section 4. Driver’s Education. – Every applicant for a motor vehicle
driver’s license shall complete a course of instruction that provides
information on safe driving including, but not limited to, the effects of the
consumption of alcoholic beverages on the ability of a person to operate
a motor vehicle, the hazards of driving under the influence of alcohol,
dangerous drugs and/or other similar substances, and the penalties
attached for violation thereof.
For professional drivers, every applicant for a driver’s license or those
applying for renewal thereof shall undergo the driver’s education herein
stated.
The driver’s license written examination shall include questions
concerning the effects of alcohol and drug intoxication on the ability of a
person to operate a motor vehicle and the legal and pecuniary
consequences resulting from violation of the provisions of this Act.
Section 5. Punishable Act. – It shall be unlawful for any person to drive
a motor vehicle while under the influence of alcohol, dangerous drugs
and/or other similar substances.
Section 6. Conduct of Field Sobriety, Chemical and Confirmatory
Tests. – A law enforcement officer who has probable cause to believe
that a person is driving under the influence of alcohol, dangerous drugs
and/or other similar substances by apparent indications and
manifestations, including overspeeding, weaving, lane straddling,
sudden stops, swerving, poor coordination or the evident smell of
alcohol in a person’s breath or signs of use of dangerous drugs and
other similar substances, shall conduct field sobriety tests.
If the driver fails in the sobriety tests, it shall be the duty of the law
enforcement officer to implement the mandatory determination of the
driver’s blood alcohol concentration level through the use of a breath
analyzer or similar measuring instrument.
If the law enforcement officer has probable cause to believe that a
person is driving under the influence of dangerous drugs and/or other
similar substances, it shall be the duty of the law enforcement officer to
bring the driver to the nearest police station to be subjected to a drug
screening test and, if necessary, a drug confirmatory test as mandated
under Republic Act No. 9165.
Law enforcement officers and deputized local traffic enforcement
officers shall be responsible in implementing this section.
Section 7. Mandatory Alcohol and Chemical Testing of Drivers Involved
in Motor Vehicular Accidents. – A driver of a motor vehicle involved in a
vehicular accident resulting in the loss of human life or physical injuries
shall be subjected to chemical tests, including a drug screening test
and, if necessary, a drug confirmatory test as mandated under Republic
Act No. 9165, to determine the presence and/or concentration of
alcohol, dangerous drugs and/or similar substances in the bloodstream
or body.
Section 8. Refusal to Subject Oneself to Mandatory Tests. – A driver of
a motor vehicle who refuses to undergo the mandatory field sobriety
and drug tests under Sections 6, 7 and 15 of this Act shall be penalized
by the confiscation and automatic revocation of his or her driver’s
license, in addition to other penalties provided herein and/or other
pertinent laws.
Section 9. Acquisition of Equipment. – Within four (4) months from the
effectivity of this Act, the Land Transportation Office (LTO) and the
Philippine National Police (PNP) shall acquire sufficient breath
analyzers and drug-testing kits to be utilized by law enforcement officers
and deputized local traffic enforcement officers nationwide giving priority
to areas with high reported occurrences of accidents. For purposes of
acquiring these equipment and for the training seminars indicated in
Section 10 hereof, the LTO shall utilize the Special Road Safety Fund
allotted for this purpose as provided under Section 7 of Republic Act
No. 8794, entitled: "An Act Imposing a Motor Vehicle User’s Charge on
Owners of All Types of Motor Vehicles and for Other Purposes".
Additional yearly appropriations for the purchase of breath analyzers
and drug-testing kits shall be provided annually under the General
Appropriations Act.
Section 10. Deputation. – The LTO may deputize traffic enforcement
officers of the PNP, the Metropolitan Manila Development Authority
(MMDA) and cities and municipalities in order to enforce the provisions
of this Act.
Section 11. Law Enforcement Officer Education. – The LTO and the
PNP shall conduct training seminars for their law enforcers and
deputies with regard to the proper conduct of field sobriety tests and
breath analyzer tests every year. Within four (4) months from the
effectivity of this Act, the LTO shall publish the guidelines and
procedures for the proper conduct of field sobriety tests, which
guidelines shall be made available to the public and made available for
download through the official LTO website.
Section 12. Penalties. – A driver found to have been driving a motor
vehicle while under the influence of alcohol, dangerous drugs and/or
other similar substances, as provided for under Section 5 of this Act,
shall be penalized as follows:
 (a) If the violation of Section 5 did not result in physical injuries
or homicide, the penalty of three (3) months imprisonment, and
a fine ranging from Twenty thousand pesos (Php20,000.00) to
Eighty thousand pesos (Php80,000.00) shall be imposed;
(b) If the violation of Section 5 resulted in physical injuries, the
penalty provided in Article 263 of the Revised Penal Code or the
penalty provided in the next preceding subparagraph, whichever
is higher, and a fine ranging from One hundred thousand pesos
(Php100,000.00) to Two hundred thousand pesos
(Php200,000.00) shall be imposed;
(c) If the violation of Section 5 resulted in homicide, the penalty
provided in Article 249 of the Revised Penal Code and a fine
ranging from Three hundred thousand pesos (Php300,000.00) to
Five hundred thousand pesos (Php500,000.00) shall be
imposed; and
(d) The nonprofessional driver’s license of any person found to
have violated Section 5 of this Act shall also be confiscated and
suspended for a period of twelve (12) months for the first
conviction and perpetually revoked for the second conviction.
The professional driver’s license of any person found to have
violated Section 5 of this Act shall also be confiscated and
perpetually revoked for the first conviction. The perpetual
revocation of a driver’s license shall disqualify the person from
being granted any kind of driver’s license thereafter.
The prosecution for any violation of this Act shall be without prejudice to
criminal prosecution for violation of the Revised Penal Code, Republic
Act No. 9165 and other special laws and existing local ordinances,
whenever applicable.
Section 13. Direct Liability of Operator and/or Owner of the Offending
Vehicle. – The owner and/or operator of the vehicle driven by the
offender shall be directly and principally held liable together with the
offender for the fine and the award against the offender for civil
damages unless he or she is able to convincingly prove that he or she
has exercised extraordinary diligence in the selection and supervision of
his or her drivers in general and the offending driver in particular.
This section shall principally apply to the owners and/or operators of
public utility vehicles and commercial vehicles such as delivery vans,
cargo trucks, container trucks, school and company buses, hotel
transports, cars or vans for rent, taxi cabs, and the like.
Section 14. Nationwide Information Campaign. – Within one (1) month
from the promulgation of the implementing rules and regulations as
provided under Section 17 hereof, the Philippine Information Agency
(PIA), in coordination with the LTO, the local government units (LGUs)
and other concerned agencies, shall conduct information, education
and communication (IEC) campaign for the attainment of the objectives
of this Act.
Section 15. Nationwide Random Terminal Inspection and Quick
Random Drug Tests. – The LTO shall conduct random terminal
inspections and quick random drug tests of public utility drivers. The
cost of such tests shall be defrayed by the LTO.
Section 16. Review of Penalties. – The LTO shall, after five (5) years
from the effectivity of this Act and every five (5) years thereafter, review
the applicability and enforcement of all foregoing pecuniary penalties
and shall initiate amendment and/or upgrade the same as may be
necessary, subject to the approval of the Secretary of the
DOTC.1âwphi1
Section 17. Implementing Rules and Regulations. – The DOTC, the
DOH and the NAPOLCOM shall, within three (3) months from the
effectivity of this Act, jointly promulgate the necessary implementing
rules and regulations to carry out the provisions of this Act.
Section 18. Separability Clause. – If, for any reason, any part or
provision of this Act is declared invalid, such declaration shall not affect
the other provisions of this Act.
Section 19. Repealing Clause. – Subparagraph (f), Section 56, Article 1
of Republic Act No. 4136, otherwise known as the "Land Transportation
and Traffic Code", as amended; subparagraph (f), Section 5 of Republic
Act No. 7924, otherwise known as "An Act Creating the Metropolitan
Manila Development Authority, Defining its Powers and Functions,
Providing Funds Therefor and for Other Purposes;" subparagraph (a),
Section 36 of Republic Act No. 9165; and all other laws, orders,
issuances, circulars, rules and regulations or parts thereof which are
inconsistent with any provision of this Act are hereby repealed or
modified accordingly.
Section 20. Effectivity. – This Act shall take effect after fifteen (15) days
from its publication in the Official Gazette or in two (2) national
newspapers of general circulation.
REPUBLIC ACT No. 4136
AN ACT TO COMPILE THE LAWS RELATIVE TO LAND
TRANSPORTATION AND TRAFFIC RULES, TO CREATE A LAND
TRANSPORTATION COMMISSION AND FOR OTHER PURPOSES
CHAPTER I
PRELIMINARY PROVISIONS ARTICLE
ARTICLE I
Title and Scope of Act
Section 1. Title of Act. - This Act shall be known as the "Land
Transportation and Traffic Code."
Section 2. Scope of Act. - The provisions of this Act shall control, as far
as they apply, the registration and operation of motor vehicles and the
licensing of owners, dealers, conductors, drivers, and similar matters.
ARTICLE II
Definitions
Section 3. Words and phrases defined. - As used in this Act:
(a) "Motor Vehicle" shall mean any vehicle propelled by any
power other than muscular power using the public highways, but
excepting road rollers, trolley cars, street-sweepers, sprinklers,
lawn mowers, bulldozers, graders, fork-lifts, amphibian trucks,
and cranes if not used on public highways, vehicles which run
only on rails or tracks, and tractors, trailers and traction engines
of all kinds used exclusively for agricultural purposes.
Trailers having any number of wheels, when propelled or
intended to be propelled by attachment to a motor vehicle, shall
be classified as separate motor vehicle with no power rating.
(b) "Passenger automobiles" shall mean all pneumatic-tire
vehicles of types similar to those usually known under the
following terms: touring car, command car, speedster, sports
car, roadster, jeep, cycle, car (except motor wheel and similar
small outfits which are classified with motorcycles), coupe,
landaulet, closed car, limousine, cabriolet, and sedan.
Motor vehicles with changed or rebuilt bodies, such as jeepneys,
jitneys, or station wagons, using a chassis of the usual
pneumatic-tire passenger automobile type, shall also be
classified as passenger automobile, if their net allowable
carrying capacity, as determined by the Commissioner of Land
Transportation, does not exceed nine passengers and if they are
not used primarily for carrying freight or merchandise.
The distinction between "passenger truck" and "passenger
automobile" shall be that of common usage: Provided, That a
motor vehicle registered for more than nine passengers shall be
classified as "truck": And Provided, further, That a "truck with
seating compartments at the back not used for hire shall be
registered under special "S" classifications. In case of dispute,
the Commissioner of Land Transportation shall determine the
classification to which any special type of motor vehicle belongs.
(c) "Articulated vehicle" shall mean any motor vehicle with a
trailer having no front axle and so attached that part of the trailer
rests upon motor vehicle and a substantial part of the weight of
the trailer and of its load is borne by the motor vehicle. Such a
trailer shall be called as "semi-trailer."
(d) "Driver" shall mean every and any licensed operator of a
motor vehicle.
(e) "Professional driver" shall mean every and any driver hired or
paid for driving or operating a motor vehicle, whether for private
use or for hire to the public.
Any person driving his own motor vehicle for hire is a
professional driver.
(f) "Owner" shall mean the actual legal owner of a motor vehicle,
in whose name such vehicle is duly registered with the Land
Transportation Commission.
The "owner" of a government-owned motor vehicle is the head
of the office or the chief of the Bureau to which the said motor
vehicle belongs.
(g) "Dealer" shall mean every person, association, partnership,
or corporation making, manufacturing, constructing, assembling,
remodeling, rebuilding, or setting up motor vehicles; and every
such entity acting as agent for the sale of one or more makes,
styles, or kinds of motor vehicles, dealing in motor vehicles,
keeping the same in stock or selling same or handling with a
view to trading same.
(h) "Garage" shall mean any building in which two or more motor
vehicles, either with or without drivers, are kept ready for hire to
the public, but shall not include street stands, public service
stations, or other public places designated by proper authority as
parking spaces for motor vehicles for hire while awaiting or
soliciting business.
(i) "Gross weight" shall mean the measured weight of a motor
vehicle plus the maximum allowable carrying capacity in
merchandise, freight and/or passenger, as determined by the
Commissioner of Land Transportation.
(j) "Highways" shall mean every public thoroughfare, public
boulevard, driveway, avenue, park, alley and callejon, but shall
not include roadway upon grounds owned by private persons,
colleges, universities, or other similar institutions.
(k) "The Commissioner of Land Transportation or his deputies"
shall mean the actual or acting chief of the Land Transportation
Commission or such representatives, deputies, or assistants as
he may, with the approval of the Secretary of Public Works and
Communications, appoint or designate in writing for the purpose
contemplated by this Act.
(l) "Parking or parked", for the purposes of this Act, shall mean
that a motor vehicle is "parked" or "parking" if it has been
brought to a stop on the shoulder or proper edge of a highway,
and remains inactive in that place or close thereto for an
appreciable period of time. A motor vehicle which properly stops
merely to discharge a passenger or to take in a waiting
passenger, or to load or unload a small quantity of freight with
reasonable dispatch shall not be considered as "parked", if the
motor vehicle again moves away without delay.
(m) "Tourist" shall mean a foreigner who travels from place to
place for pleasure or culture.
ARTICLE III
Administration of Act
Section 4. Creation of the Commission. -
(a) There is created under the Department of Public Works and
Communications an office which shall be designated and known
as the Land Transportation Commission, composed of one
Commissioner and one Deputy Commissioner, who shall be
vested with the powers and duties hereafter specified.
Whenever the word "Commission" is used in this Act, it shall be
deemed to mean the Land Transportation Commission, and
whenever the word "Commissioner" is used in this Act, it shall
be taken to mean the Commissioner or Deputy Commissioner.
The Commissioner and the Deputy Commissioner shall be
natural-born citizens and residents of the Philippines, and they
shall be appointed by the President of the Philippines, with the
consent of the Commission on Appointments of the Congress of
the Philippines: Provided, however, That the present
Administrator, Assistant Administrator and the personnel of the
Motor Vehicles Office shall continue in office without the
necessity of reappointment.
(b) The Commissioner and Deputy Commissioner shall hold
office until removed in accordance with the provisions of the
Revised Administrative Code.
(c) The Commissioner shall receive an annual compensation of
twelve thousand pesos and the Deputy Commissioner, an
annual compensation of ten thousand four hundred pesos. The
Commissioner shall be assisted by one head executive assistant
(MV regulation adviser or chief), one administrative officer, one
registration regulation chief, one inspection, examination and
licensing regulation chief, one law and traffic enforcement
regulation chief, one provincial regulation chief, one utility and
property regulation chief, one accounting officer, one internal
chief auditor, and one personnel officer, who shall receive an
annual compensation of nine thousand pesos each; eight land
transportation regional directors who shall receive an annual
compensation of eight thousand four hundred pesos each and
eight land transportation assistant regional directors, who shall
receive an annual compensation of seven thousand pesos each
and ten assistant regulation chiefs, who shall receive an annual
compensation of seven thousand pesos each.
(d) The Commission shall have its offices in Quezon City where
the present Motor Vehicle Office is located, and shall establish a
regional branch office each in Tuguegarao (Cagayan), Baguio
City, Pasig (Rizal), Lipa City, San Fernando (La Union), Naga
City, Cebu City, Iloilo City, Cagayan de Oro City, and Davao
City, to be headed by a regional director who will have
immediate administration, supervision and control over activities
and administration of the Commission in the respective regions.
The Commissioner shall be responsible for the administration of
this Act and shall have, in connection therewith, the following
powers and duties, in addition to those mentioned elsewhere in
this Act:
(1) With the approval of the Secretary of Public Works
and Communications, to issue rules and regulations not
in conflict with the provisions of this Act, prescribing the
procedure for the examination, licensing and bonding of
drivers; the registration and re-registration of motor
vehicles, transfer of ownership, change of status; the
replacement of lost certificates, licenses, badges, permits
or number plates; and to prescribe the minimum
standards and specifications including allowable gross
weight, allowable length, width and height or motor
vehicles, distribution of loads, allowable loads on tires,
change of tire sizes, body design or carrying capacity
subsequent to registration and all other special cases
which may arise for which no specific provision is
otherwise made in this Act.
(2) To compile and arrange all applications, certificates,
permits, licenses, and to enter, note and record thereon
transfers, notifications, suspensions, revocations, or
judgments of conviction rendered by competent courts
concerning violations of this Act, with the end in view of
preserving and making easily available such documents
and records to public officers and private persons
properly and legitimately interested therein.
(3) To give public notice of the certificates, permits,
licenses and badges issued, suspended or revoked
and/or motor vehicles transferred and/or drivers bonded
under the provisions of this Act.
(4) The Commissioner of Land Transportation, with the
approval of the Secretary of Public Works and
Communications, may designate as his deputy and
agent any employee of the Land Transportation
Commission, or such other government employees as he
may deem expedient to assist in the carrying out the
provisions of this Act.
(5) The Commissioner of Land Transportation and his
deputies are hereby authorized to make arrest for
violations of the provisions of this Act in so far as motor
vehicles are concerned; to issue subpoena and
subpoena duces tecum to compel the appearance of
motor vehicle operators and divers and/or other persons
or conductors; and to use all reasonable means within
their powers to secure enforcement of the provisions of
this Act.
 (6) The Commissioner of Land Transportation or his
deputies may at any time examine and inspect any motor
vehicle to determine whether such motor vehicle is
registered, or is unsightly, unsafe, overloaded,
improperly marked or equipped, or otherwise unfit to be
operated because of possible excessive damage to
highways, bridges and/or culverts.
(7) The Philippine Constabulary and the city and
municipal police forces are hereby given the authority
and the primary responsibility and duty to prevent
violations of this Act, and to carry out the police
provisions hereof within their respective jurisdiction:
Provided, That all apprehensions made shall be
submitted for final disposition to the Commissioner and
his deputies within twenty-four hours from the date of
apprehension.
(8) All cases involving violations of this Act shall be
endorsed immediately by the apprehending officer to the
Land Transportation Commission. Where such violations
necessitate immediate action, the same shall be
endorsed to the traffic court, city or municipal court for
summary investigation, hearing and disposition, but in all
such cases, appropriate notices of the apprehensions
and the dispositions thereof shall be given to the
Commissioner of Land Transportation by the law-
enforcement agency and the court concerned.
Notation of all such dispositions shall be entered in the
records, and copy shall be mailed to the owner and to
the driver concerned.
CHAPTER II
REGISTRATION OF MOTOR VEHICLES
ARTICLE I
Duty to Register, Reports, Applications, Classifications
Section 5. All motor vehicles and other vehicles must be registered.
(a) No motor vehicle shall be used or operated on or upon any
public highway of the Philippines unless the same is properly
registered for the current year in accordance with the provisions
of this Act.
(b) Any registration of motor vehicles not renewed on or before
the date fixed for different classifications, as provided hereunder
shall become delinquent and invalid:
1. For hire motor vehicles - on or before the last working
day of February.
2. Privately-owned motor vehicles - from March one to
the last working day of May.
3. All other motor vehicles - from June one to the last
working day of June; except when the plates of such
motor vehicles are returned to the Commission in
Quezon City or to the Office of the Motor Vehicles
Registrar in the provincial or city agency of the
Commission on or before the last working day of
December of the year of issue.
(c) Dealer's reports - The Commissioner of Land Transportation
shall require dealers to furnish him with such information and
reports concerning the sale, importation, manufacture, number
of stocks, transfer or other transactions affecting motor vehicles
as may be necessary for the effective enforcement of the
provisions of this Act.
(d) Change of motor number prohibited. - No repair or change in
the motor vehicle involving the exchange, elimination, effacing,
or replacing of the original or registered serial or motor number
as stamped or imprinted, shall be allowed, and any motor
vehicle with a trace of having its motor number altered or
tampered with shall be refused registration or re-registration,
unless such is satisfactorily explained and approved by the
Commissioner.
(e) Encumbrances of motor vehicles. - Mortgages, attachments,
and other encumbrances of motor vehicles, in order to be valid,
 must be recorded in the Land Transportation Commission and
must be properly recorded on the face of all outstanding copies
of the certificates of registration of the vehicle concerned.
Cancellation or foreclosure of such mortgages, attachments, and
other encumbrances shall likewise be recorded, and in the
absence of such cancellation, no certificate of registration shall
be issued without the corresponding notation of mortgage,
attachment and/or other encumbrances.
Records of encumbrances of motor vehicles shall be kept by the
Land Transportation Commission in chronological sequence and
shall contain, among other things, the time, date and number of
the entry in a "Book of Motor Vehicles" referring to the creation,
cancellation or foreclosure of the aforesaid mortgages,
attachments or to other encumbrances.
The Land Transportation Commission shall collect a fee of five
pesos for every annotation of a mortgage, attachment and/or
other encumbrances, or cancellation thereof.
Section 6. Application and payments for registration. - Applications and
payments for registration shall be made either personally or by
registered mail, and the date of the cancellation of the postage stamps
of envelopes containing money order or check shall be taken as the
date of the application and/or payment for registration: Provided, That
the application is properly prepared and the payment for registration is
sufficient as required by law.
Section 7. Registration Classification. - Every motor vehicle shall be
registered under one of the following described classifications:
(a) private passenger automobiles; (b) private trucks; and (c)
private motorcycles, scooters, or motor wheel attachments.
Motor vehicles registered under these classifications shall not be
used for hire under any circumstances and shall not be used to
solicit, accept, or be used to transport passengers or freight for
pay.
Laborers necessary to handle freight on board private trucks
may ride on such trucks: Provided, That seats shall not be
installed in the rear compartment thereof and that only such
number of laborers, not exceeding ten, as may be needed to
handle the kind of freight carried, shall ride on the truck:
Provided, further, That the combined weight of cargo and
passengers does not exceed the registered net capacity of the
truck.
For the purpose of this section, a vehicle habitually used to carry
freight not belonging to the registered owner thereof, or
passengers not related by consanguinity or affinity within the
fourth civil degree to such owner, shall be conclusively
presumed to be "for hire."
No person shall be allowed to register as private truck any truck
not actually and reasonably necessary to carry out his duly
licensed business or legitimate occupation or industry regularly
paying taxes.
(d) Public utility automobiles; e) public utility trucks; (f) taxis and
auto-calesas; (g) garage automobiles; (h) garage trucks; (i) hire
trucks: and (j) trucks owned by contractors and customs brokers
and customs agents. Application for registration under these
classifications shall be accompanied by a certificate of public
convenience or a special permit issued by the Public Service
Commission, and motor vehicles registered under these
classifications shall be subject to the Public Service Law, rules
and regulations, as well as the provisions of this Act.
(k) Undertakes
(l) Dealers - Registrations under this classification are intended
to cover generally and successively all the motor vehicles
imported or handled by dealers for sale. Motor vehicles
registered under the dealer's classification shall, under no
circumstances, be employed to carry passengers or freight in
the dealer's business, or for hire. Such vehicles shall be
operated under this classification only for the purpose of
transporting the vehicle itself from the pier or factory to the
warehouse or sales room or for delivery to a prospective
purchaser or for test or demonstration.
 (m) Government automobiles; (n) government trucks; and (o)
government motorcycles. Motor vehicles owned by the
Government of the Philippines or any of its political subdivisions
shall be registered under these classifications. Motor vehicles
owned by government corporations, by government employees
or by foreign governments shall not be registered under this
classification.
(p) Tourists bringing their own motor vehicles to the Philippines
may, without registering such motor vehicles, use the same
during but not after ninety days of their sojourn: Provided, That
the motor vehicle displays the number plates for the current year
of some other country or state, and said number plates as well
as the name and address (permanent and temporary) of the
owner thereof are registered in the Land Transportation
Commission prior to the operation of the motor vehicle.
If such tourist remain in the Philippines longer than ninety days,
the motor vehicle shall not be operated unless registered in
accordance with this Act and the corresponding registration fees
paid.
(q) Special. The Commissioner of Land Transportation may, in
his discretion, allow the registration under this classification of
motor vehicles which do not conform to the foregoing described
regular classification.
ARTICLE II
Registration Fees
Section 8. Schedule of registration fees. - Except as otherwise
specifically provided in this Act, each application for renewal of
registration of motor vehicles shall be accompanied by an annual
registration fee in accordance with the following schedule:
(a) Private automobiles with pneumatic rubber tires, an amount
based on their respective shipping weight or factory weight as
indicated in the following schedule:
1,000 kilos or less P75.00
1,000 to 1,500 kilos 100.00
1,501 to 2,000 kilos 135.00
2,001 kilos and above 180.00
The factory or shipping weight of a private automobile shall be
obtained from the Red Book edited by the National Market
Report, Inc., of the United States of America: Provided, further,
That in the case of automobiles with altered, changed or rebuilt
bodies, the weight as obtained: by actual weighing shall be
considered the vehicles weight: Provided, furthermore, That the
increase registration fees herein prescribed shall not apply to
jeeps and jeepneys for private use or for hire and the fees
hereof shall be those prescribed for them before the approval of
this Act.
The registered passenger capacity of passenger automobiles
operated for hire or for private use shall be determined as
follows:
1. For each adult passenger, a horizontal rectangular
area, including seat and feet space, not less than thirty-
five centimeters wide and sixty centimeters long, except
in the front seat, which shall allow an area fifty
centimeters wide for the operator.
2. For each half passenger, a horizontal rectangular
area, including seat and feet spaces, not less that
seventeen and a half centimeters wide by sixty
centimeters long, provided, that each continuous row of
seats shall not be allowed to have more that one-half
passenger.
(b) Private motor trucks, passenger buses and trailers with
pneumatic rubber tires, the sum of five pesos for every hundred
kilograms of maximum allowable gross weight or fraction
thereof.
(c) Private motor trucks, passenger buses and trailers with solid
rubber tires or with part-solid and part-pneumatic rubber tires,
the sum of seven pesos for every hundred kilograms of
maximum allowable gross weight or fraction thereof.
(d) Private motorcycles and scooters of two or three wheels and
bicycles with motor attachments, the sum of thirty pesos.
(e) The fee for registration of motor vehicles for hire shall be
sixty percent more than the fee prescribed for private motor
vehicles of the same category.
(f) The fee for registration of diesel-consuming vehicles shall be
fifty percent more than that of vehicles using motor fuel other
than diesel oil. The fee for registration of motor vehicles for hire
shall be sixty percent more than the fees prescribed for private
motor vehicles.
(g) No regular registration fees shall be charged for the general
registration of motor vehicles contemplated under the dealer's
classification: Provided, That the Commissioner of Land
Transportation shall provide appropriate dealer's number plates
corresponding to the classification of vehicles hereinbelow
described, and registration fee for every set of such dealer's
number plates shall be in accordance with the following
schedule of rates;
Two hundred pesos for each truck or trailer;
One hundred pesos for each passenger automobile; and
Twenty pesos for each motorcycle and the like.
Section 9. Permissible weights and dimensions of vehicles in highways
(h) Registration under the "Government Motor Vehicle"
traffic.
classification shall be free of charge, upon request of the chief of
bureau or office concerned.
(i) Motor vehicles not intended to be operated or used upon any
public highway, or which are operated on highways not
constructed or maintained by the Government, or are intended
not to be used or operated at all, shall be exempt from payment
of the registration fees provided in this Act, but shall each pay an
annual recording and service fee of fifteen pesos: Provided,
however, That no refund, credit for, or reimbursement of
registration fees or part thereof shall be made to any owner on
account of the discontinuance of the use or operation of a motor
vehicle subsequent to the payment of such registration fees:
Provided, further, That in the event motor vehicles exempted
under this section shall be found operated on any public
highways, the regular registration fees and surcharges shall be
collected in addition to whatever penalties may be imposed for
violation of this Act. The Commissioner of Land Transportation
shall provide distinctive number plates for vehicles exempted
from payment of regular registration fees, and the owner of the
vehicles concerned shall pay four pesos for each set of such
number plates.
(j) The maximum allowable gross weight of a motor truck,
passenger bus, or trailer, upon which to compute the registration
fee thereof, shall be determined by the Commissioner of Land
Transportation. He shall, from time to time as the need of the
service may require, prepare, subject to the approval of the
Secretary of Public Works and Communications, suitable tables
of maximum allowable loads per wheel for different sizes kinds
of tires.
(k) The registration fees provided in this Act for trucks may be
payable in two equal installment, the first to be paid on or before
the last working day of February if for hire, and in March if
private; and the second to be paid on or before the last working
day of August: Provided, That the fifty per cent penalty shall
apply only to the unpaid balance of the remaining period of
delinquency.
(a) The maximum gross weight and measurement of motor
vehicles, unladen or with load, permissible on public highways
shall be as specified hereunder, subject to such regulations as
the Commissioner with the approval of the Secretary of Public
Works and Communications, may promulgate, from time to time,
as the conditions of the public highways may warrant and the
needs of the service may require.
Permissible maximum weights:
1. Per most heavily loaded three thousand six hundred kilograms;
wheel
2. Per most heavily loaded axle eight thousand kilograms;
3. Per most heavily loaded axle fourteen thousand five hundred
group (the two axles of the group kilograms.
being at least one meter and
less than two meters apart)
An axle weight shall be the total weight transmitted to the road
by all the wheels the centers of which can be included between
the parallel transverse vertical planes one meter apart extending
across the full width of the vehicles.
No provincial, city or municipal authority shall enact or enforce
any ordinance or resolution regulating or prescribing the
maximum gross weight of any motor vehicle.
(b) No motor vehicle operating as a single unit shall exceed the
following dimensions:
Overall width two and five-tenths meters
Overall height four meters
Overall length:
Freight vehicles with two axles ten meters
Passenger vehicles with two axles eleven meters
Vehicles with three or more axles fourteen meters
(c) No motor vehicle and/or trailer combination shall exceed
eighteen meters in overall projected length, including any load
carried on such vehicle and trailer.
(d) No articulated vehicles shall be allowed to draw or pull a
trailer and no vehicle already drawing a trailer shall draw
another.
Section 10. Special permits, fees for. - The Commissioner with the
approval of the Secretary of Public Works and Communications, shall
issue regulations and schedules of additional fees under which special
permits may be issued in the discretion of the Commissioner or his
deputies for each of the following special cases, without which special
permit no vehicles shall be operated on the public highways:
(a) To operate a motor vehicle or trailer outfit with wheel, axle, or
axle group loads in excess of the limits fixed in subsection (a) of
Section nine hereof or in any regulation issued by the
Commissioner.
(b) To operate a motor vehicle the size of which exceeds the
limit of permissible dimensions specified in paragraph (b) of
Section nine hereof.
(c) To operate a motor vehicle with any part of the load
extending beyond the projected width of the vehicle.
(d) To pull two trailers behind a motor vehicle.
(e) For any other special authority relating to the use of vehicles,
not otherwise specifically provided herein.
Section 11. Additional fees. - In addition to the fees elsewhere provided
in this Act, for each change of registration, from private to for hire or
vice-versa; revision of gross weight rating, change of tire size; transfer
of ownership; replacement of a lost registration certificate, number
plate, driver's license or permit; badge; preparation of affidavit or
certified copy of records, or for any similar circumstances requiring the
issue, revision, or reissue of a certificate of registration, driver's license,
badge, permit, or other document, a fee of two pesos shall be collected.
The replacement of a lost or utterly spoiled certificate, number plate,
license, badge or permit shall render the original invalid.
In case of request in writing for certification of data or facts involving two
or more vehicles, a fee of five pesos a page or part thereof shall be
collected for each certification.
Section 12. Fee for original registration for part of year. - If any
application for the original registration is made during the first quarter of
a calendar year, the total annual fee for the year shall be paid, if made
during the second quarter, three-fourths of the annual fee for that year
shall be paid, if made during the third quarter, one half of the annual fee
shall be paid, and if made during the fourth quarter, one-fourth of the
annual fee shall be paid.
Nothing in this section shall be construed as allowing quarterly renewals
of registrations in order to avoid payment of fees in advance for the
entire year.
Section 13. Payment of taxes upon registration. - No original
registration of motor vehicles subject to payment of taxes, customs
duties or other charges shall be accepted unless proof of payment of
the taxes due thereon has been presented to the Commission.
ARTICLE III
Registration Certificates, Records, Number Plates
Section 14. Issuance of certificates of registration. - A properly
numbered certificate of registration shall be issued for each separate
motor vehicle after due inspection and payment of corresponding
registration fees.
Section 15. Use and authority of certificate of registration.
(a) The said certificate shall be preserved and carried in the car
by the owner as evidence of the registration of the motor vehicle
described therein, and shall be presented with subsequent
applications for re-registration, transfer of ownership, or
recording of encumbrances: Provided, That in lieu of the
certificate of registration a true copy or photostat thereof may be
carried in the motor vehicle.
(b) The certificate of registration issued under the provisions of
this Act for any motor vehicle shall, while the same is valid and
effective and has not been suspended or revoked, be the
authority for the operation of such motor vehicle.
(c) No motor vehicle shall be operated on the public highways in
a manner which would place it under a classification requiring
the payment of a larger registration fee than that stated in the
certificate of registration.
Section 16. Suspension of registration certificate. - If on inspection, as
provided in paragraph (6) of Section four hereof, any motor vehicle is
found to be unsightly, unsafe, overloaded, improperly marked or
equipped, or otherwise unfit to be operated, or capable of causing
excessive damage to the highways, or not conforming to minimum
standards and specifications, the Commissioner may refuse to register
the said motor vehicle, or if already registered, may require the number
plates thereof to be surrendered to him, and upon seventy-two hours
notice to the owner of the motor vehicle, suspend such registration until
the defects of the vehicle are corrected and/or the minimum standards
and specifications fully complied with.
Whenever it shall appear from the records of the Commission that
during any twelve-month period more than three warnings for violations
of this Act have been given to the owner of a motor vehicle, or that the
said owner has been convicted by a competent court more than once
for violation of such laws, the Commissioner may, in his discretion,
suspend the certificate of registration for a period not exceeding ninety
days and, thereupon, shall require the immediate surrender of the
number plates.
Whenever a motor vehicle is found to be underweight the owner thereof
shall pay the difference in the registration fees corresponding to the
shortage in weight plus a fifty per cent surcharge, and until such
payment is made, the certificate of registration of the motor vehicle
concerned shall be suspended by the Commissioner.
After two such suspension, re-registration of the vehicle concerned for
one year may be denied.
The Commissioner shall notify the owner of the motor vehicle of any
action taken by him under this section.
Section 17. Number plates, preparation, preparation and issuance of . -
(a) The Commissioner shall cause number plates to be prepared
and issued to owners of motor vehicles and trailers registered
under this Act, charging a fee of four pesos for each pair
including the numerals indicating the year of registry: Provided,
however, That in case no number plates are available, the
Commissioner or his deputies may issue, without charge, a
written permit temporarily authorizing the operation of any motor
vehicles with other means of identification: Provided, further,
That all motor vehicles exempted from payment of registration
fees, motor vehicles for hire, and privately-owned motor vehicles
shall bear plates so designed and painted with different colors to
distinguish one class from another: Provided, furthermore, That
the plates of motor vehicles exempted from payment of
registration fees shall be permanently assigned to such motor
vehicles during their entire lifetime while exempted from
payment of the fees: And, provided, finally, That the owner
thereof shall return such plates to the Land Transportation
Commission within a period of seven working days after such
owner has lost his exemption privilege or has transferred the
vehicle to a non-exempt owner.
(b) In case the design of the number plate is such that the
numerals indicating the year of registry are on a detachable tag,
the Commissioner or his deputies may, in their discretion, issue
the said tag only for subsequent re-registration charging a fee of
one peso for each tag issued.
Section 18. Use of number plates. - At all times, every motor vehicle
shall display in conspicuous places, one in front and one in the rear
thereof, the said number plates.
The number plates shall be kept clean and cared for, and shall be firmly
affixed to the motor vehicle in such a manner as will make it entirely
visible and always legible.
Except in the case of dealer's number plates which may be used
successively on various motor vehicles in stock, no person shall transfer
number plates from motor vehicle to another.
No dealer's number plate shall be used on any motor vehicle after said
vehicle has been sold and delivered to a purchaser, and no dealer shall
allow such dealer's number plates to be used on any motor vehicle after
its sale and delivery to a purchaser.
CHAPTER III
OPERATION OF MOTOR VEHICLE
ARTICLE I
License to Drive Motor Vehicles
Section 19. Duty to procure license. - Except as otherwise specifically
provided in this Act, no person shall operate any motor vehicle without
first procuring a license to drive a motor vehicle for the current year, nor
while such license is delinquent, invalid, suspended or revoked.
The license shall be carried by the driver at all times when operating a
motor vehicle, and shall be shown and/or surrendered for cause and
upon demand to any person with authority under this Act to confiscate
the same.
Section 20. License for enlisted men operating Government motor
vehicles. - Enlisted men operating a motor vehicle owned by the
Government of the Philippines shall be licensed in accordance with the
provisions of this Act, but no license or delinquency fees shall be
collected therefrom. All licenses so issued shall bear the words "For
Government Vehicles Only" plainly marked or stamped in red ink across
the face thereof.
A license so marked or stamped shall authorize the holder thereof to
operate a private-owned motor vehicle.
Section 21. Operation of motor vehicles by tourists. - Bona fide tourist
and similar transients who are duly licensed to operate motor vehicles in
their respective countries may be allowed to operate motor vehicles
during but not after ninety days of their sojourn in the Philippines.
If any accident involving such tourist or transient occurs, which upon
investigation by the Commissioner or his deputies indicates that the
said tourist or transient is incompetent to operate motor vehicles, the
Commissioner shall immediately inform the said tourist or transient in
writing that he shall no longer be permitted to operate a motor vehicle.
After ninety days, any tourist or transient desiring to operate motor
vehicles shall pay fees and obtain and carry a license as hereinafter
provided.
Section 22. Driver's license, fees, examination. - Every person who
desires personally to operate any motor vehicle shall file an application
to the Commissioner or his deputies for a license to drive motor
vehicles: Provided, however, That no person shall be issued a
professional driver's license who is suffering from highly contagious
diseases, such as, advanced tuberculosis, gonorrhea, syphilis, and the
like.
Each such application except in the case of enlisted men operating
government-owned vehicles, shall be accompanied by a fee of five
pesos, and shall contain such information respecting the applicant and
his ability to operate motor vehicles, as may be required by the
Commission.
The Commissioner or his deputies shall also ascertain that the
applicant's sight and hearing are normal, and may in their discretion,
require a certificate to that effect, signed by a reputable physician.
An examination or demonstration to show any applicant's ability to
operate motor vehicles may also be required in the discretion of the
Commissioner or his deputies.
Section 23. Issuance of driver's license. - If, after such examination, the
Commissioner or his deputy believes that the applicant possesses the
necessary qualifications and is proficient in the operation of motor
vehicles, a license shall be issued to such applicant upon payment of
five pesos, but prior to the issuance of said license, the applicant shall
furnish three copies of his recent photograph to be securely attached to
the license, and two copies to be filed and kept as provided by this Act.
All driver's licenses shall bear the signature and right-hand thumb print
of the licensee.
Section 24. Use of driver's license and badge. - Every license issued
under the provisions of this Act to any driver shall entitle the holder
thereof, while the same is valid and effective and not suspended or
revoked, to operate the motor vehicles described in such license:
Provided, however, That every licensed professional driver, before
operating a public service motor vehicle registered under classifications
(d) to (j) inclusive of Section seven hereof, shall secure from the
Commissioner, upon payment of the sum of one peso, a driver's badge
which he shall, at all times while so operating a motor vehicle, display in
plain sight on the band of his cap or on his coat or shirt. Such driver's
badge shall be of metal with a plainly readable number assigned to the
licensee stamped thereon.
It shall be unlawful for any duly licensed driver to transfer, lend or
otherwise allow any person to use his license for the purpose of
enabling such person to operate a motor vehicle.
No owner of a motor vehicle shall engage, employ, or hire any person to
operate such motor vehicle, unless the person sought to be employed is
a duly licensed professional driver.
Section 25. Driver's records. - Any driver who changes his address
shall, within fifteen days, notify the Commissioner in writing of his new
address, name and address of his new employer, the number of the
motor vehicle he is employed to operate, and such other information as
the Commissioner may require.
Section 26. Renewal of license. - Any license not renewed on or before
the last working day of the month when the applicant was born shall
become delinquent and invalid, except when the license is surrendered
to the Commissioner or his deputies before the last working day of the
month of his birth in order to avoid payment of the delinquency fees.
The fee for renewal of delinquent license shall be five pesos in addition
to the basic fee as hereinabove prescribed.
Every applicant for renewal of license to operate any motor vehicle shall
present to the Commissioner, in person or by mail or messenger, the
license issued to the applicant for the previous year, together with the
proper fee of five pesos and, in the case of professional chauffeurs,
three copies of a readily-recognized photograph of the applicant, which
photograph shall have been taken not exceeding three years prior to
the date of applicant for renewal.
Lost license. - In case the license for the previous year has been lost or
cannot be produced, the applicant shall obtain a duplicate in accord
with Section eleven of this Act, on penalty of refusal, by the
Commissioner or his deputies, to renew the license: Provided, however,
That the Commissioner or his deputies may, in their discretion accept in
lieu of the previous years license, the duly signed and sworn statement
of an operator to the effect that he has not operated any motor vehicle
in the Philippines during the year or years to which no license was
issued in his name.
The Commissioner and his deputies are hereby authorized to
administer the oath in connection with such affidavit.
Section 27. Suspension, revocation of driver's license.
(a) The Commissioner may suspend for a period not exceeding
three months or, after hearing, revoke any driver's license
issued under the provisions of this Act, and may order any such
license to be delivered to him whenever he has reason to
believe that the holder thereof is an improper person to operate
motor vehicles, or in operating or using a motor vehicle in, or as
an accessory to, the commission of any crime or act which
endangers the public. Any deputy of the Commissioner may, for
the same cause, suspend for a period not exceeding three
months any driver's license issued under the provisions of this
Act: Provided, That such suspension may be appealed to the
Commissioner who may, after reviewing the case, confirm,
reverse or modify the action taken by such deputy.
(b) Whenever during any twelve-month period a driver shall
have been convicted at least three times for the violations of any
provisions of this Act or of any regulation issued by the
Commissioner or any municipal or city ordinance relating to
motor vehicle traffic not in conflict with any of the provisions of
this Act, the Commissioner may, in his discretion, revoke or
suspend the license of such driver for a period not exceeding
two years.
(c) The license suspended or revoked under the provisions of
subsections (a) and (b) of this section shall not be reinstated
unless the driver has furnished a bond in accordance with
Section twenty-nine of this Act and only after the Commissioner
has satisfied himself that such driver may again safely be
permitted to operate a motor vehicle.
(d) A decision of the Commissioner revoking or refusing the
reinstatement of a license under the provisions of this Section
may be appealed to the Secretary of Public Works and
Communications.
Section 28. Driver's bond. - The Commissioner before reinstating any
driver's license which has been suspended or revoked under the
provisions of the preceding section or of any provisions of this Act, may
require such driver to post a bond in the sum of one thousand pesos
conditioned upon the satisfaction and payment of any claim which may
be filed or of any execution which may be issued against such driver in
any case wherein said driver may be held answerable while operating
motor vehicles. The bond required in this section shall be in such form
as to render sureties liable at least for a period of not less than one year
nor more than three years: Provided, however, That upon written
application to the Commissioner for release from such a bond, the
Commissioner may after revoking or suspending the driver's license,
authorize the release of the bondsmen from further responsibility
thereunder: Provided, further, That should the Commissioner decide not
to revoke the license of a driver who has been convicted of homicide
through reckless imprudence, or of the violation of the speed limit or of
reckless driving at least three times within a twelve-month period, the
said driver shall post a bond in the sum of not less than two thousand
pesos, conditioned upon the payment of any claim which may be filed or
any execution which may be issued against him in any case wherein
said driver may be held answerable while operating motor vehicles.
Section 29. Confiscation of driver's licenses. - Law enforcement and
peace officers duly designated by the Commissioner shall, in
apprehending any driver for violations of this Act or of any regulations
issued pursuant thereto, or of local traffic rules and regulations,
confiscate the license of the driver concerned and issue a receipt
prescribed and issued by the Commission therefor which shall authorize
the driver to operate a motor vehicle for a period not exceeding seventy-
two hours from the time and date of issue of said receipt. The period so
fixed in the receipt shall not be extended, and shall become invalid
thereafter. Failure of the driver to settle his case within fifteen days from
the date of apprehension will cause suspension and revocation of his
license.
Section 30. Student-driver's permit. - Upon proper application and the
payment of three pesos, the Commissioner or his deputy may issue
student-driver's permits, valid for six months to persons not under
eighteen years of age, who desire to learn to operate motor vehicles.
No application for driver's license shall be received unless the applicant
has undergone instruction in the operation of motor vehicles for at least
a month and has a valid student-driver's permit: Provided, however,
That any person who has a license to operate vehicles in other
countries may, upon presentation of appropriate evidence of such
license, be allowed to pay for a driver's license without presenting a
student driver's permit.
A student driver who fails in the examination shall continue as a student
driver for at least one additional month. No student driver shall operate
a motor vehicle unless accompanied by a duly licensed driver.
The licensed driver acting as instructor to the student driver shall
likewise be responsible and liable for any violation of the provisions of
this Act and for any injury or damage done by the motor vehicle on
account or as a result of its operation by a student under his direction.
ARTICLE II
Illegal Use of Licenses, Number Plates, Etc.
Section 31. Imitation and false representations. - No person shall make
or use attempt to make or use a driver's license, badge, certificate of
registration, number plate, tag, or permit in imitation or similitude of
those issued under this Act, or intended to be used as or for a legal
license, badge, certificate, plate, tag or permit, or with intent to sell or
otherwise dispose of the same to another. No person shall falsely or
fraudulently represent as valid and in force any driver's license, badge,
certificate, plate, tag or permit issued under this Act which is delinquent
or which has been revoked or suspended.
No person shall, knowingly and with intent to deceive, make one or
more false or fraudulent statements in an application for the registration
of vehicles, or for a driver's license.
ARTICLE III
Passenger and Freight
Section 32. Exceeding registered capacity. - No person operating any
vehicle shall allow more passenger or more freight or cargo in his
vehicle than its registered carrying capacity. In the case of public utility
trucks or buses, the conductor shall be exclusively liable for violations of
this section or of Section thirty-two, letter (c) hereof: Provided, That the
conductor, before being employed by any public service operator, shall
get a permit or license from the Commission and pay five pesos
annually for said license or permit issued in his favor, and the same is
renewable on or before the last working day of the month of his birth,
attaching a readily recognizable photograph and after presentation of a
medical certificate of fitness of applicant.
Passenger trucks may be allowed to construct any cargo
carrying device at the rear or at the side of the truck, subject to
the approval of the Commissioner: Provided, however, That the
total weight of the device, including the cargo, shall not exceed
one hundred kilos.
(b) Carrying of passengers and freight on top of vehicles. - No
person operating a motor vehicle shall allow any passenger to
ride on the cover or top of such vehicles: Provided, however,
That subject to such conditions as may be contained in permits
that may be issued by the Commissioner, baggage or freight
may be carried on the top of a truck provided the weight thereof
does not exceed twenty kilos per square meter and is distributed
in such a manner as not to endanger the passengers or stability
of the truck.
(c) Riding on running boards. - No driver shall permit any person
to ride on the running board, step board, or mudguard of his
motor vehicle for any purpose except to make repair or
adjustment in the motor or to collect fares.
Section 33. Passenger or freight capacity marked on vehicle. - All
passengers automobiles for hire shall have the registered passenger
capacity plainly and conspicuously marked on both sides thereof, in
letters and numerals not less than five centimeters in height.
All motor trucks, whether for passenger or freight, private, or for hire,
shall have the registered passenger gross and net weight capacities
plainly and conspicuously marked on both sides thereof, in letters and
numerals not less than five centimeters in height.
 ARTICLE IV
Accessories of Motor Vehicles
Section 34.
(a) Tires of motor vehicles. - No motor vehicle with metallic tires
shall be operated upon any public highway, and solid tires
whenever used shall be of sufficient thickness to prevent the
metal rims thereof from coming in direct contact with the road.
(b) Brakes - Every motor vehicle with four or more wheels shall
be provided with dual hydraulic brake system so that in case of
hydraulic line failure affecting the braking efficiency of any of the
four wheels at least either the front or rear wheels shall retain
normal braking capabilities. In the absence of such dual braking
system every motor vehicle with four or more wheels shall be
provided with safety valve devices of such design and make so
that failure of the hydraulic braking system of the vehicle
because of leakage in the line of other parts of the system will
not affect all wheels but rather render at all times effective the
braking power of either the two front wheels or the two rear
wheels when brakes are applied. This requirement, however,
does not apply to motor vehicles equipped with pneumatic
braking system.
(b-1) Horns. - Every motor vehicle shall be provided with a horn
or signalling devise in good working order: Provided, however,
That no horn or signalling device emitting an exceptionally loud,
startling, or disagreeable sound shall be installed or used on any
motor vehicle.
All authorized emergency vehicles, such as ambulance and
police cars and fire wagons used for emergency calls shall be
equipped with a bell, siren, or exhaust whistle of a type
approved by the Commissioner, and no such device shall be
installed or used in any other vehicle.
No vehicle not classified as a motor vehicle under this Act shall
be equipped with a horn or signaling device similar to the horn
customarily used on motor vehicles.
(c) Headlights. - Every motor vehicle of more than one meter of
projected width, while in use on any public highway shall bear
two headlights, one on each side, with white or yellowish light
visible from the front, which, not later than one-half hour after
sunset and until at least one-half four before sunrise and
whenever weather conditions so require, shall both be lighted.
Additional lamps and light may be carried, but no red lights shall
be visible forward or ahead of the vehicle. Trucks, buses,
trailers, and other similar vehicles must carry, while in use on
any public highway during night-time, colored riding lights on
each of the four corners not more than ten centimeters from the
top.
All motor vehicles shall be equipped with devices for varying the
intensity of light, and the driver must dim the headlights or tilt the
beams downward whenever the vehicle is being operated on
well-lighted streets within the limits of cities, municipalities, and
thickly populated barrios or districts, or whenever such vehicle
meets another vehicle on any public highway.
(d) Taillights. - Every motor vehicle and trailer shall, during the
above-mentioned hours, also bear on each side in the rear a
lamp showing a red light visible at least one hundred meters
from the rear of the vehicle and a lamp throwing a white light
upon the number plate issued for such vehicle.
(e) Stop lights. - Every motor vehicle shall be equipped at the
rear with at least one lamp which shall throw a sustained bright
red light visible under all conditions, even under bright sunlight,
when the brakes are applied. Each bus, truck, trailer or similar
vehicle shall be equipped, as its stop light at or near its rear
center, with a lamp at least twelve centimeters in diameter with
the word "stop" inscribed in the center.
(f) Motorcycle and other vehicle lights. - Every motor vehicle of
less than one meter of projected width shall be subject to the
preceding provisions of this section, except that one headlight
and one taillight shall be required. No signal light shall be
necessary.
Additional lamps may be carried provided they comply with the
preceding provisions of this section.
Every motor vehicle, or whatever style, kind, make, character, or
nature, when upon a highway during the hours above-
mentioned, whether in motion or not, shall have one or more
lights so arranged that the same shall be visible at least fifty
meters from the front and the rear of such vehicle.
(g) Lights when parked or disabled. - Appropriate parking lights
or flares visible one hundred meters away shall be displayed at
a corner of the vehicle whenever such vehicle is parked on
highways or in places that are not well-lighted or is placed in
such manner as to endanger passing traffic.
Section 35. Restriction as to speed. -
(a) Any person driving a motor vehicle on a highway shall drive
the same at a careful and prudent speed, not greater nor less
than is reasonable and proper, having due regard for the traffic,
the width of the highway, and of any other condition then and
there existing; and no person shall drive any motor vehicle upon
a highway at such a speed as to endanger the life, limb and
property of any person, nor at a speed greater than will permit
him to bring the vehicle to a stop within the assured clear
distance ahead.
(b) Subject to the provisions of the preceding paragraph, the rate
of speed of any motor vehicle shall not exceed the following:

(h) Windshield wiper. - Every motor vehicle shall be equipped

with a mechanically or electrically operated device for wiping off MAXIMUM
raindrops or other moisture from its front windshield. Passengers Motor trucks and
ALLOWABLE
Cars and Motorcycle buses
SPEEDS
(i) Use of red flag. - Whenever the load of any vehicle extends
more than one meter beyond the bed or body thereof, there shall 1. On open 80 km. per hour 50 km. per hour
be displayed at every projecting end of such load a red flag not country roads,
less than thirty centimeters both in length and width, except that with no "blinds
during the hours fixed under subsection (c), there shall be corners" not
displayed, in lieu of the required red flags, red lights visible at closely bordered
least fifty meters away. by habitations.

(j) Mufflers. - Every motor vehicle propelled by an internal 2. On "through 40 km. per hour 30 km. per hour
combustion engine shall be equipped with a muffler, and streets" or
whenever said motor vehicle passes through a street of any city, boulevards,
municipality, or thickly populated district or barrio, the muffler clear of traffic,
shall not be cut out or disconnected. No motor vehicle shall be with no " blind
operated in such a manner as to cause it to emit or make any corners," when
unnecessary or disagreeable odor, smoke or noise. so designated.
3. On city and 30 km. per hour 30 km. per hour
CHAPTER IV municipal
TRAFFIC RULES streets, with
light traffic,
ARTICLE I when not
Speed Limit and Keeping to the Right designated
"through (7) The driver officially operating a motor vehicle of any
streets". fire department, provided that exemption shall not be
construed to allow unless or unnecessary fast driving of
4. Through 20 km. per hour 20 km. per hour drivers aforementioned.
crowded streets,
approaching Section 36. Speed limits uniform throughout the Philippines. - No
intersections at provincial, city or municipal authority shall enact or enforce any
"blind corners," ordinance or resolution specifying maximum allowable speeds other
passing school than those provided in this Act.
zones, passing
other vehicles Section 37. Driving on right side of highway. - Unless a different course
which are of action is required in the interest of the safety and the security of life,
stationery, or for person or property, or because of unreasonable difficulty of operation in
similar compliance herewith, every person operating a motor vehicle or an
dangerous animal-drawn vehicle on a highway shall pass to the right when meeting
circumstances. persons or vehicles coming toward him, and to the left when overtaking
persons or vehicles going the same direction, and when turning to the
left in going from one highway to another, every vehicle shall be
(c) The rates of speed hereinabove prescribed shall not apply to conducted to the right of the center of the intersection of the highway.
the following:
Section 38. Classification of highways. - Public highways shall be
(1) A physician or his driver when the former responds to properly classified for traffic purposes by the provincial board, municipal
emergency calls; board or city council having jurisdiction over them, and said provincial
board, municipal board or city council shall provide appropriate signs
therefor, subject to the approval of the Commissioner. It shall be the
(2) The driver of a hospital ambulance on the way to and
duty of every provincial, city and municipal secretary to certify to the
from the place of accident or other emergency;
Commissioner the names, locations, and limits of all "through streets"
designated as such by the provincial board, municipal board or council.
(3) Any driver bringing a wounded or sick person for
emergency treatment to a hospital, clinic, or any other
ARTICLE II
similar place;
Overtaking and Passing a Vehicle, and Turning at Intersections
(4) The driver of a motor vehicle belonging to the Armed
Section 39. Overtaking a vehicle. - The driver of any motor vehicle
Forces while in use for official purposes in times of riot,
overtaking another vehicle proceeding in the same direction shall pass
insurrection or invasion;
at a safe distance to the left thereof, and shall not again drive to the
right side of the highway until safety clear of such overtaken vehicle
(5) The driver of a vehicle, when he or his passengers except that on a highway, within a business or residential district, having
are in pursuit of a criminal; two or more lanes for the movement of traffic in one direction, the driver
of a vehicle may overtake and pass another vehicle on the right.
(6) A law-enforcement officer who is trying to overtake a Nothing in this section shall be construed to prohibit a driver overtaking
violator of traffic laws; and and passing, upon the right, another vehicle which is making or about to
make a left turn.
Section 40. Driver to give way to overtaking vehicle. - The driver of a
vehicle about to be overtaken and passed by another vehicle
approaching from the rear shall give way to the overtaking vehicle on
suitable and audible signal being given by the driver of the overtaking
vehicle, and shall not increase the speed of his vehicle until completely
passed by the overtaking vehicle.
Section 41. Restrictions on overtaking and passing.
(a) The driver of a vehicle shall not drive to the left side of the
center line of a highway in overtaking or passing another vehicle
proceeding in the same direction, unless such left side is clearly
visible, and is free of oncoming traffic for a sufficient distance
ahead to permit such overtaking or passing to be made in
safety.
(b) The driver of a vehicle shall not overtake or pass another
vehicle proceeding in the same direction, when approaching the
crest of a grade, not upon a curve in the highway, where the
driver's view along the highway is obstructed within a distance of
five hundred feet ahead, except on a highway having two or
more lanes for movement of traffic in one direction where the
driver of a vehicle may overtake or pass another vehicle:
Provided, That on a highway within a business or residential
district, having two or more lanes for movement of traffic in one
direction, the driver of a vehicle may overtake or pass another
vehicle on the right.
(c) The driver of a vehicle shall not overtake or pass any other
vehicle proceeding in the same direction, at any railway grade
crossing, not at any intersection of highways unless such
intersection or crossing is controlled by traffic signal, or unless
permitted to do so by a watchman or a peace officer, except on
a highway having two or more lanes for movement of traffic in
one direction where the driver of a vehicle may overtake or pass
another vehicle on the right. Nothing in this section shall be
construed to prohibit a driver overtaking or passing upon the
right another vehicle which is making or about to make a left
turn.
(d) The driver of a vehicle shall not overtake or pass, or attempt
to pass, any other vehicle, proceeding in the same direction,
between any points indicated by the placing of official temporary
warning or caution signs indicating that men are working on the
highway.
(e) The driver of a vehicle shall not overtake or pass, or attempt
to overtake or pass, any other vehicle proceeding in the same
direction in any "no-passing or overtaking zone."
ARTICLE III
Right of Way and Signals
Section 42. Right of way.
(a) When two vehicles approach or enter an intersection at
approximately the same time, the driver of the vehicle on the left
shall yield the right of way to the vehicle on the right, except as
otherwise hereinafter provided. The driver of any vehicle
traveling at an unlawful speed shall forfeit any right of way which
he might otherwise have hereunder.
(b) The driver of a vehicle approaching but not having entered
an intersection, shall yield the right of way to a vehicle within
such intersection or turning therein to the left across the line of
travel of such first-mentioned vehicle, provided the driver of the
vehicle turning left has given a plainly visible signal of intention
to turn as required in this Act.
(c) The driver of any vehicle upon a highway within a business
or residential district shall yield the right of way to a pedestrian
crossing such highway within a crosswalk, except at
intersections where the movement of traffic is being regulated by
a peace officer or by traffic signal. Every pedestrian crossing a
highway within a business or residential district, at any point
other than a crosswalk shall yield the right of way to vehicles
upon the highway.
(d) The driver of a vehicle upon a highway shall bring to a full
stop such vehicle before traversing any "through highway" or
railroad crossing: Provided, That when it is apparent that no
hazard exists, the vehicle may be slowed down to five miles per
hour instead of bringing it to a full stop.
Section 43. Exception to the right of way rule.
(a) The driver of a vehicle entering a highway from a private
road or drive shall yield the right of way to all vehicles
approaching on such highway.
(b) The driver of a vehicle upon a highway shall yield the right of
way to police or fire department vehicles and ambulances when
such vehicles are operated on official business and the drivers
thereof sound audible signal of their approach.
(c) The driver of a vehicle entering a "through highway" or a
"stop intersection" shall yield the right of way to all vehicles
approaching to either direction on such "through highway":
Provided, That nothing in this subsection shall be construed as
relieving the driver of any vehicle being operated on a "through
highway" from the duty of driving with due regard for the safety
of vehicles entering such "through highway" nor as protecting
the said driver from the consequence of an arbitrary exercise off
such right of way.
Section 44. Signals on starting, stopping or turning. -
(a) The driver of any vehicle upon a highway, before starting,
stopping or turning from a direct line, shall first see that such
movement can be made in safety, and if any pedestrian may be
affected by such movement, shall give a clearly audible signal
by sounding the horn, and whenever the operation of any other
vehicle approaching or following may be affected by such
movement, shall give a signal plainly visible to the driver of such
other vehicles of the intention to make such movement.
(b) The signal herein required shall be given by means of
extending the hand and arm beyond the left side of the vehicle,
or by an approved mechanical or electrical signal device.
ARTICLE IV
Turning and Parking
Section 45. Turning at intersections. -
(a) The drive of a vehicle intending to run to the right at an
intersection shall approach such intersection in the lane for
traffic nearest to the right-hand side of the highway and, in
turning, shall keep as close as possible to the right-hand curb or
edge of the highway.
(b) The driver of a vehicle intending to turn to the left shall
approach such intersection in the lane for traffic to the right of
and nearest to the center line of the highway, and, in turning,
shall pass to the left of the center of the intersection, except that,
upon highways laned for traffic and upon one-way highways, a
left turn shall be made from the left lane of traffic in the direction
in which the vehicle is proceeding.
(c) For the purpose of this section, the center of the intersection
shall mean the meeting point of the medial lines of the highways
intersecting one another, except when it is occupied by a
monument, grass plot or any permanent structure, other than
traffic control device.
Section 46. Parking prohibited in specified places. - No driver shall park
a vehicle, or permit it to stand, whether attended or unattended, upon a
highway in any of the following places:
(a) Within an intersection
(b) On a crosswalk
(c) Within six meters of the intersection of curb lines.
(d) Within four meters of the driveway entrance to and fire
station.
(e) Within four meters of fire hydrant
(f) In front of a private driveway
(g) On the roadway side of any vehicle stopped or parked at the
curb or edge of the highway
 (h) At any place where official signs have been erected
prohibiting parking.
Section 47. Parked vehicle. - Whenever a motor vehicle is parked
unattended on any highway, the driver thereof must turn off the ignition
switch and stop the motor and notch effectively the hand brake.
ARTICLE V
Miscellaneous Traffic Rules
Section 48. Reckless driving. - No person shall operate a motor vehicle
on any highway recklessly or without reasonable caution considering
the width, traffic, grades, crossing, curvatures, visibility and other
conditions of the highway and the conditions of the atmosphere and
weather, or so as to endanger the property or the safety or rights of any
person or so as to cause excessive or unreasonable damage to the
highway.
Section 49. Right of way for police and other emergency vehicles. -
Upon the approach of any police or fire department vehicle, or of an
ambulance giving audible signal, the driver of every other vehicle shall
immediately drive the same to a position as near as possible and
parallel to the right-hand edge or curb of the highway, clear of any
intersection of highways, and shall stop and remain in such position,
unless otherwise directed by a peace officer, until such vehicle shall
have passed.
Section 50. Tampering with vehicles. - No unauthorized person shall
sound the horn, handle the levers or set in motion or in any way tamper
with a damage or deface any motor vehicle.
Section 51. Hitching to a vehicle. - No person shall hang on to, ride on,
the outside or the rear end of any vehicle, and no person on a bicycle,
roller skate or other similar device, shall hold fast to or hitch on to any
moving vehicle, and no driver shall knowingly permit any person to hang
on to or ride, the outside or rear end of his vehicle or allow any person
on a bicycle, roller skate or other similar device to hold fast or hitch to
his vehicle.
Section 52. Driving or parking on sidewalk. - No person shall drive or
park a motor vehicle upon or along any sidewalk, path or alley not
intended for vehicular traffic or parking.
Section 53. Driving while under the influence of liquor or narcotic
drug. - No person shall drive a motor vehicle while under the influence
of liquor or narcotic drug.
Section 54. Obstruction of traffic. - No person shall drive his motor
vehicle in such a manner as to obstruct or impede the passage of any
vehicle, nor, while discharging or taking on passengers or loading or
unloading freight, obstruct the free passage of other vehicles on the
highway.
Section 55. Duty of driver in case of accident. - In the event that any
accident should occur as a result of the operation of a motor vehicle
upon a highway, the driver present, shall show his driver's license, give
his true name and address and also the true name and address of the
owner of the motor vehicle.
No driver of a motor vehicle concerned in a vehicular accident shall
leave the scene of the accident without aiding the victim, except under
any of the following circumstances:
1. If he is in imminent danger of being seriously harmed by any
person or persons by reason of the accident;
2. If he reports the accident to the nearest officer of the law; or
3. If he has to summon a physician or nurse to aid the victim.
CHAPTER V
PENAL AND OTHER PROVISIONS
ARTICLE I
Penalties
Section 56. Penalty for violation. - The following penalties shall be
imposed for violations of this Act:
(a) For registering later than seven days after acquiring title to
an unregistered motor vehicle or after conversion of a registered
motor vehicle requiring larger registration fee than that for which
it was originally registered, or for renewal of a delinquent
registration, the penalty shall be a fine fifty per cent of the
registration fees corresponding to the portion of the year for
which the vehicle is registered for use.
(b) For failure to sign driver's license or to carry same while
driving, twenty pesos fine.
(c) Driving a vehicle with a delinquent or invalid driver's license,
fifty pesos fine.
(d) Driving a motor vehicle with delinquent, suspended or invalid
registration, or without registration or without the proper license
plate for the current year, three hundred pesos fine.
(e) Driving a motor vehicle without first securing a driver's
license, three hundred pesos fine.
(f) Driving a motor vehicle while under the influence of liquor or
narcotic drug, a fine of not less than two hundred pesos nor
more than five hundred pesos, or imprisonment of not more than
three months, or both, at the discretion of the Court.
(g) Violation of Section thirty-two, thirty-four (a), (b) and (b-1),
thirty-five and forty-six a fine not exceeding one hundred pesos:
Provided, however, That in the case of violation of Section 34 (b)
the vehicle or vehicles affected may not be allowed to operate
unless the requirements provided in this section are complied
with.
(h) Violations of Sections forty-nine, fifty and fifty-two, a fine not
exceeding fifty pesos.
(i) For making, using or attempting to make or use a driver's
license, badge, certificate or registration, number plate, tag or
permit in imitation or similitude of those issued under this Act, or
intended to be used as or for a legal license, badge, certificate,
plate, tag or permit or with intent to sell or otherwise dispose of
the same to another, or false or fraudulently represent as valid
and in force any driver's license, badge, certificate, plate, tag or
permit issued under this Act which is delinquent or which has
been suspended or revoked, a fine of not exceeding three
hundred pesos.
(j) For using private passenger automobiles, private trucks,
private motorcycles, and motor wheel attachments for hire, in
violation of Section seven, subsections (a), (b), and (c), of this
Act, a fine of two hundred pesos and suspension of driver's
license for a period of three months for the first conviction; a fine
of three hundred pesos and six months imprisonment for the
second conviction; and an imprisonment of one year and
permanent revocation of the driver's license for the third
conviction.
(k) For permitting, allowing, consenting to, or tolerating the use
of a privately-owned motor vehicle for hire in violation of Section
seven, subsections (a), (b), and (c), of this Act, there shall be
imposed upon the owner of the vehicle a fine of five hundred
pesos and the certificate of registration shall be suspended for a
period of three months for the first conviction, and an increase of
one hundred pesos in the fine and one month's suspension of
the registration for each subsequent conviction.
(l) For violation of any provisions of this Act or regulations
promulgated pursuant hereto, not hereinbefore specifically
punished, a fine of not less than ten or more than fifty pesos
shall be imposed.
(m) In the event an offender cannot pay any fine imposed
pursuant to the provisions of this Act, he shall be made to
undergo subsidiary imprisonment as provided for in the Revised
Penal Code.
(n) If, as the result of negligence or reckless or unreasonable
fast driving, any accident occurs resulting in death or injury of
any person, the motor vehicle operator at fault shall, upon
conviction, be punished under the provisions of the Revised
Penal Code.
Section 57. Punishment for other offenses. - The conviction of any
person for any offense under this Act shall not bar his prosecution for
any other offense which may have been committed by such person
concurrently with the commission of the offense of which he was
convicted or in doing the act or series of acts which constituted the
offense of which he was convicted.
Section 58. Duty of clerks of court. - It is hereby made the duty of clerks
of the Court of First Instance, the City Court of Municipal Court trying
traffic violation cases to certify to the Commission the result of any
case, whether criminal or civil, involving violations of any provision of
this Act or of other laws and ordinances relating to motor vehicles. Said
certificate shall specifically contain the name of the driver or owner of
the vehicle involved, his address, the number of his license and/or of
the certificate or registration of his vehicle, and the date thereof, and the
offense of which he was convicted or acquitted.
ARTICLE II
Collection of Fees, Taxes and Fines, Liens, Allotment of Funds
Section 59. (a) Collection of fees; national and local taxes; toll fees. -
The collection of all fees, taxes, and fines, under the provisions of this
Act shall be made in accordance with regulations to be prescribed by
the Commissioner and approved jointly by the Auditor General.
(b) No taxes or fees other than those prescribed in this Act shall
be imposed for the registration or operation or on the ownership
of any motor vehicle, or for the exercise of the profession of
chauffeur, by any municipal corporation, the provisions of any
city charter to the contrary notwithstanding: Provided, however,
That any provincial board, city or municipal council or board or
other competent authority may enact and collect such
reasonable and equitable toll fees for the use of such bridges
and ferries, within their respective jurisdiction, as may be
authorized and approved by the Secretary of Public Works and
Communications, and also for the use of such public roads, as
may be authorized by the President of the Philippines upon
recommendation of the Secretary of Public Works and
Communications, but in none of these cases shall any toll fees
be charged or collected until and unless the approved schedule
of tolls has been posted legibly in a conspicuous place at such
toll station.
Section 60. The lien upon motor vehicles. - Any balance of fees for
registration, re-registration or delinquent registration of a motor vehicle,
remaining unpaid and all fines imposed upon any vehicle owner, shall
constitute a first lien upon the motor vehicle concerned.
The Commission is hereby vested with authority to issue a warrant of
constructive or actual distraint or and levy to any owner of motor vehicle
who has any balance of fees for registration, re-registration or
delinquent registration of a motor vehicle remaining unpaid, which upon
demand by the Commissioner of the Land Transportation Commission
or any of his deputies executing such warrant, the owner of the said
vehicle shall surrender same at the time demanded, except when the
attachment or execution is under any judicial process. Any owner who
fails or refuses to surrender any of such property or vehicle not so
surrendered shall be punished by a fine not exceeding the amount of
the fees (including penalties and interests, if any) for the collection of
which such warrant has been issued, together with the costs and
interests, if any, from the time of such surrender. In addition, such
owner shall punished by a fine of not more than three hundred pesos or
an imprisonment not more than six months, or both.
Section 61. Disposal of monies collected. - Monies collected under the
provisions of this Act shall be deposited in a special trust account in the
National Treasury to constitute the Highway Special Fund, which shall
be apportioned and expended in accordance with the provisions of the
"Philippine Highway Act of 1953": Provided, however, That the amount
necessary to maintain and equip the Land Transportation Commission
but not to exceed fifteen per cent of the total collections during any one
year, shall be set aside for the purpose.
ARTICLE III
Final Provisions
Section 62. No provincial board, city or municipal board or council shall
enact or enforce any ordinance or resolution in conflict with the
provisions of this Act, or prohibiting any deputy or agent of the
Commission to enforce this Act within their respective territorial
jurisdiction and the provisions of any charter to the contrary
notwithstanding.
Section 63. Repeal of laws and ordinances. - Act Numbered Thirty-nine
hundred ninety-two, as amended, and all laws, executive orders,
ordinances, resolutions, regulations, or parts thereof in conflict with the
provisions of this Act are repealed: Provided, however, That nothing
contained in this Act shall be construed as limiting or superseding any
provisions of the Public Service Act, as amended, with respect to the
control by the Public Service Commission of motor vehicles operating
as public service, nor shall any provision of this Act be construed as
limiting or abridging the powers conferred upon and exercised by the
Public Service Commission with regards to the control and supervision
of the operation of such motor vehicles as public service.
Section 64. Appropriation. - To carry out effectively the provisions of
this Act, the amount of two hundred fifty thousand pesos is hereby
appropriated out of the fees collected under this Act, in addition to the
appropriations provided in the General Appropriations Act, for the
expense of this Commission for the fiscal year beginning July first,
nineteen hundred and sixty-four, to June thirtieth, nineteen hundred and
sixty-five: Provided, however, That any savings in the appropriations of
the Motor Vehicles Office for the fiscal year beginning July first,
nineteen hundred and sixty-three, to June thirtieth, nineteen hundred
and sixty-four shall likewise be available for this purpose.
Section 65. Separability. - If any provisions of this Act or the application
thereof to any person or circumstance is held invalid, the remainder of
the Act, and the application of such provision to other persons or
circumstances, shall not be affected thereby.
Section 66. Effectivity. - This Act shall take effect upon its approval.
ART 195-199
GAMBLING AND BETTING
Art. 195. What acts are punishable in gambling. — (a) The penalty of
arresto mayor or a fine not exceeding two hundred pesos, and, in case
of recidivism, the penalty of arresto mayor or a fine ranging from two
hundred or six thousand pesos, shall be imposed upon:
1. Any person other than those referred to in subsections (b) and (c) who,
in any manner shall directly, or indirectly take part in any game of monte,
jueteng or any other form of lottery, policy, banking, or percentage game,
dog races, or any other game of scheme the result of which depends
wholly or chiefly upon chance or hazard; or wherein wagers consisting of
money, articles of value or representative of value are made; or in the
exploitation or use of any other mechanical invention or contrivance to
determine by chance the loser or winner of money or any object or
representative of value.
2. Any person who shall knowingly permit any form of gambling referred
to in the preceding subdivision to be carried on in any unhabited or
uninhabited place of any building, vessel or other means of transportation
owned or controlled by him. If the place where gambling is carried on has
the reputation of a gambling place or that prohibited gambling is
frequently carried on therein, the culprit shall be punished by the penalty
provided for in this article in its maximum period.
(b) The penalty of prision correccional in its maximum degree shall be
imposed upon the maintainer, conductor, or banker in a game of jueteng
or any similar game
(c) The penalty of prision correccional in its medium degree shall be
imposed upon any person who shall, knowingly and without lawful
purpose, have in his possession and lottery list, paper or other matter
containing letters, figures, signs or symbols which pertain to or are in any
manner used in the game of jueteng or any similar game which has taken
place or about to take place.
Art. 196. Importation, sale and possession of lottery tickets or
advertisements. — The penalty of arresto mayor in its maximum period
to prision correccional in its minimum period or a fine ranging from 200 to
2,000 pesos, or both, in the discretion of the court, shall be imposed upon
any person who shall import into the Philippine Islands from any foreign
place or port any lottery ticket or advertisement or, in connivance with the
importer, shall sell or distribute the same.
Any person who shall knowingly and with intent to use them, have in his
possession lottery tickets or advertisements, or shall sell or distribute the
same without connivance with the importer of the same, shall be
punished by arresto menor, or a fine not exceeding 200 pesos, or both,
in the discretion of the court.
The possession of any lottery ticket or advertisement shall be prima facie
evidence of an intent to sell, distribute or use the same in the Philippine
Islands.
Art. 197. Betting in sports contests. — The penalty of arresto menor or a
fine not exceeding 200 pesos, or both, shall be imposed upon any person
who shall bet money or any object or article of value or representative of
value upon the result of any boxing or other sports contests.
Art. 198. Illegal betting on horse race. — The penalty of arresto menor or
a fine not exceeding 200 pesos, or both, shall be imposed upon any
person who except during the period allowed by law, shall be on horse
races. The penalty of arresto mayor or a fine ranging from 200 to 2,000
pesos, or both, shall be imposed upon any person who, under the same
circumstances, shall maintain or employ a totalizer or other device or
scheme for betting on horse races or realizing any profit therefrom.
For the purposes of this article, any race held in the same day at the same
place shall be held punishable as a separate offense, and if the same be
committed by any partnership, corporation or association, the president
and the directors or managers thereof shall be deemed to be principals
in the offense if they have consented to or knowingly tolerated its
commission.
Art. 199. Illegal cockfighting. — The penalty of arresto menor or a fine not
exceeding 200 pesos, or both, in the discretion of the court, shall be
imposed upon:
1. Any person who directly or indirectly participates in cockfights, by
betting money or other valuable things, or who organizes
cockfights at which bets are made, on a day other than those
permitted by law.
2. Any person who directly or indirectly participates in cockfights, at
a place other than a licensed cockpit.
REPUBLIC ACT NO. 954
June 20, 1953
AN ACT TO PROHIBIT CERTAIN ACTIVITIES IN CONNECTION WITH
HORSE RACES AND BASQUE PELOTA GAMES (JAI-ALAI), AND TO
PRESCRIBE PENALTIES FOR ITS VIOLATION.
Be it enacted by the Senate and House of Representatives of the
Philippines in Congress assembled:
Section 1. No person or group of persons, other than a person, race-track,
racing club or any other entity duly licensed by the Games and Amusements
Board to conduct a horse race, shall offer, take or arrange bets on any horse
or maintain or use a totalizator or other device, method or system to bet or
gamble on any horse race.
Section 2. No person, race-track, racing club or any other entity duly
licensed by the Games and Amusements Board to conduct a horse race shall
offer, take or arrange beta on any horse race, or maintain or use a totalizator
or other device, method or system to bet or gamble on any horse race
outside the place, enclosure, or track where the race is held.
Section 3. No person or group of persons shall fix a race for the purpose of
insuring the winning of certain determined horse or horses.
1a⍵⍴ h!1
Section 4. No person, or group of persons, other than the operator or
maintainer of a fronton with legislative franchise to conduct basque
pelota games (Jai-Alai), shall offer, take or arrange bets on any basque
pelota game or event, or maintain or use a totalizator or other device, method
or system to bet or gamble on any basque pelota game or event.
Section 5. No person, operator, or maintainer of a fronton with legislative
franchise to conduct basque pelota games shall offer, take or arrange bets
on any basque pelota game or event, or maintain or use a totalizator or other
device, method or system to bet or gamble on any basque pelota game or
event outside the place, enclosure, or fronton where the basque
pelota game is held.
Section 6. No person or group of persons shall fix a basque pelota game for
the purpose of insuring the winning of certain determined pelotari or
pelotaris.
Section 7. Any violation of this Act shall be punished by a fine of not more
than two thousand pesos or by imprisonment for not more than six months,
or both, in the discretion of the court. If the offender is a partnership,
corporation or association, the criminal liability shall devolve upon its
president, director, or any other official responsible for the violation.
Section 8. This Act shall take effect on January first, nineteen hundred and
fifty-four.
REPUBLIC ACT No. 9487
June 20, 2007
AN ACT FURTHER AMENDING PRESIDENTIAL DECREE NO. 1869,
OTHERWISE KNOWN AS PAGCOR CHARTER
Be it enacted by the Senate and the House of Representatives of the
Philippines in Congress assembled:
SECTION 1. The Philippine Amusement and Gaming Corporation
VAGCOR) franchise granted under Presidential Decree No. 1869,
otherwise known as the PAGCOR Charter, is hereby further amended to
read as follows:
(1) Section 10, Nature and Term of Franchise, is hereby amended
to read as follows:
(2) Section 3 (h) is hereby amended to read as follows:
"SEC. 10. Nature and Term of Franchise. - Subject to the
terms and conditions established in this Decree, the
Corporation is hereby granted from the expiration of its
original term on July 11, 2008, another period of twenty-five
(25) years, renewable for another twenty-five (25) years, the
rights, privileges and authority to operate and license
gambling casinos, gaming clubs and other similar recreation
or amusement places, gaming pools, i.e. basketball,
football, bingo, etc. except jai-alai, whether on land or sea,
within the territorial jurisdiction of the Republic of the
Philippines: Provided, That the corporation shall obtain the
consent of the local government unit that has territorial
jurisdiction over the area chosen as the site for any of its
operations.
SEC. 2. Repealing Clause. - All laws, decrees, executive orders,
proclamations, rules and regulations and other issuances, or parts thereof
"The operation of slot machines and other gambling
paraphernalia and equipment, shall not be allowed in
establishments open or accessible to the general public
unless the site of these operations are three-star hotels and
resorts accredited by the Department of Tourism authorized
by the corporation and by the local government unit
concerned.
"The authority and power of the PAGCOR to authorize,
license and regulate games of chance, games of cards and
games of numbers shall not extend to: (1) games of chance
authorized, licensed and regulated or to be authorized,
licensed and regulated by, in, and under existing franchises
or other regulatory bodies; (2) games of chance, games of
cards and games of numbers authorized, licensed,
regulated by, in, and under special laws such as Republic
Act No. 7922; and (3) games of chance, games of cards
and games of numbers like cockfighting, authorized,
licensed and regulated by local government units. The
conduct of such games of chance, games of cards and
games of numbers covered by existing franchises,
regulatory bodies or special laws, to the extent of the
jurisdiction and powers granted under such franchises and
special laws, shall be outside the licensing authority and
regulatory powers of the PAGCOR."
"SEC. 3. Corporate Powers. -
"(h) to enter into, make, conclude, perform, and carry out
contracts of every kind and nature and for any lawful
purpose which are necessary, appropriate, proper or
incidental to any business or purpose of the PAGCOR,
including but not limited to investment agreements, joint
venture agreements, management agreements, agency
agreements, whether as principal or as an agent,
manpower supply agreements, or any other similar
agreements or arrangements with any person, firm,
association or corporation."
which are inconsistent with the provisions of this Act, are hereby repealed,
amended or modified.
SEC. 3. Effectivity Clause. - This Act shall take effect fifteen (15) days
from the date of its publication, upon the initiative of the grantee, in at least
two newspapers of general circulation in the Philippines.
REPUBLIC ACT No. 4130
An Act Granting the A.L. Sevilla & Associates, Inc. a Franchise to
Establish, Maintain and Operate Private Fixed Point-to-Point, Private
Coastal, Private Aeronautical and Land-Based and Land Mobile Radio
Stations for the Transmission and Reception of Wireless Messages to
and from Said Stations
Be it enacted by the Senate and House of Representatives of the Philippine
Congress Assembled:
Section 1. The A. L. Sevilla & Associates, Inc. is hereby granted a
franchise to establish, maintain and operate private fixed point-to-point,
private coastal, private aeronautical and land-based and land mobile radio
stations in the Province of Cagayan, City of Manila, and in such places
within the Philippines where it operates its business and/or the interest of
its trade and business activities justify, subject to the approval of the
Secretary of Public Works and Communications, for the transmission and
reception of wireless messages on radiotelegraphy or radiotelephony to
and from said stations.
Section 2. The franchise shall continue to be in force for a period of
twenty-five years and is granted upon the express condition that the same
shall be void unless the construction or installation of at least one station be
begun within two years from the date of the approval of this Act, and be
completed within four years from said date.
The President of the Philippines shall have the power and authority to
permit the location of said private fixed point-to-point, private coastal,
private aeronautical and land-based and land mobile radio stations on any
land of the public domain upon such term as he may prescribe.
Section 3. The grantee shall not engage in domestic business of
telecommunications in the Philippines without further assent of the
Congress of the Philippines, it being understood that the purpose of this
franchise is to secure to the grantee the right to establish, maintain and
operate private fixed point-to-point, private coastal, private aeronautical and
land-based and land mobile radio stations of the place hereinabove stated
for no other purposes than to promote, protect and subserve the trade and
business interests of the grantee.
Section 4. No fees shall charged as the radio stations that may be
established by virtue of this Act shall engage in communications regarding
the grantee’s business only.
Section 5. The grantee shall so construct and operate its stations as not to
interfere with the operation of other radio stations maintained and operated
in the Philippines.
Section 6. The grantee is authorized to operate its radio stations on the
frequency and/or frequencies that may be assigned to it by the Secretary of
Public Works and Communications.
Section 7. A special right is hereby reserved to the President of the
Philippines, in time of war, insurrection, public peril, calamity, or disaster, to
cause the closing of the grantee’s radio stations or to authorize the
temporary use or possession thereof by any department of the government
upon just compensation.
Section 8. This franchise shall be subject to amendment, alteration, or
repeal by the Congress of the Philippines when the public service so
requires and shall not be interpreted as an exclusive grant of the privileges
herein provided for. 1âш phi 1
Section 9. Whenever in this Act the term "grantee" is used, it shall be held
and understood to mean and represent the A. L. Sevilla & Associates, Inc.,
its representatives, successors or assigns.
Section 10. This Act shall take effect upon its approval.
EXECUTIVE ORDER NO. 09
DIRECTING THE CONTINUED SUSPENSION OF ELECTRONIC
SABONG OPERATIONS NATIONWIDE
WHEREAS, Presidential Decree (PD) No. 449 (s. 1974), otherwise known
as the "Cockfighting Law of 1974, which governs the establishment,
operation, and ownership of cockpits in the Philippines, prohibits holding of
cockfights in unlicensed cockpits, as well as other kinds of gambling during
a cockfight;
WHEREAS, PD No. 483 (s. 1974) prohibits game-fixing, point-shaving or
machinations of sports contests, games, or races, as well as betting on
fraudulent, deceitful, dishonest games, races, or sports contests;
WHEREAS, PD No. 1602 (s. 1978) prescribes stiffer penalties to those who
take part in any illegal or unauthorized activities of cockfighting:
WHEREAS, Executive Order No. 13 (s. 2017) declared as "illegal gambling"
all activities and services directly or indirectly related to gambling, conducted
beyond the territorial jurisdiction of the goverment authority which issued the
license;
WHEREAS, Section 447(3)(v) and Section 458(3)(v) of Republic Act (RA)
No. 7160 or the "Local Government Code of 1991," provides that local
goverment units (LGUS) shall, for the general welfare of their city or
municipality and inhabitants, authorize and license the establishment,
operation, and maintenance of cockpits, and regulate cockfighting and
commercial breeding of gamecocks, provided that existing rights should not
be prejudiced:
WHEREAS, under Section 10 of PD No. 1869 (s. 1983), as amended by RA
No. 9487 or the "Philippine Amusement and Gaming Corporation (PAGCOR)
Charter," the PAGCOR is mandated to operate and license gambling
casinos, gaming clubs and other similar recreation or amusement places,
gaming pools, whether on land or sea, within the territorial jurisdiction of the
Republic of the Philippines, with the exception of games under the
jurisdiction of other franchising entities under existing laws;
WHEREAS, the PAGCOR, by virtue of its authority under its Charter, issued
the Regulatory Framework for Electronic Sabong (E-Sabong), including
auxiliary E-Sabong operators and off-cockpit betting stations;
WHEREAS, a nationwide suspension of E-Sabong operations was
implemented on 03 May 2022;
WHEREAS, there is an urgent need to reiterate the continued suspension of
all E-Sabong operations nationwide, clarify the scope of existing regulations,
and direct. relevant agencies to pursue aggressive crackdown against illegal
E-Sabong operations, in accordance with law,
WHEREAS, the State has the paramount obligation to protect public health
and morals, and to promote public safety and the general welfare; and
WHEREAS, Section 17, Article VII of the 1987 Constitution vests in the
President the power of control over all executive departments, bureaus, and
offices, as well as the mandate to ensure the faithful execution of laws;
NOW, THEREFORE, I, FERDINAND R. MARCOS, JR., President of the
Philippines, by virtue of the powers vested in me by the Constitution and
existing laws, do hereby order :
Section 1. Continued Suspension of E-Sabong Operations. All E-Sabong
operations, including all auxiliary E-Sabong operations, shall continue to be
suspended nationwide. Consistent with the Regulatory Framework for E-
Sabong issued by the PAGCOR, and relevant laws, rules and regulations,
any of the following activities related to E-Sabong operations is suspended :
a. Live-streaming or broadcasting of live cockfights outside cockpits or
cockfighting arenas, or premises where cockfights are being held;
and/or
b. Online/remote or off-cockpit wagering/betting on live cockfighting
matches, events, and/or activities streamed or broadcasted live,
regardless of the location of the betting platform, including but not
limited to betting platforms that may be situated inside the cockpit or
cockfighting arenas, or premises where cockfights are being held.
The operations of traditional cockfights authorized or licensed under
existing laws shall not be covered by the foregoing suspension.
Section 2. Directives to Relevant Agencies. The PAGCOR shall coordinate
with LGUs, other concerned government agencies, and private entities on
the implementation of this Order. The Department of the Interior and Local
Government (DILG) and the Philippine National Police (PNP) shall render
the necessary assistance to the PAGCOR in the implementation of this
Order, and shall take appropriate action against violators in accordance with
law.
Section 3. Report. The PAGCOR, in coordination with the DILG and the PNP,
shall submit regular reports to the President, through the Office of the
Executive Secretary, relative to the implementation of this Order.
Section 4. Separability. If any part or provision of this Order shall be held.
unconstitutional or invalid, the other parts or provisions not affected thereby
shall continue to be in full force and effect.
Section 5. Repeal. All other orders, rules and regulations, or parts thereof
that. are inconsistent with this Order are hereby repealed, amended or
modified accordingly. Section 6. Effectivity. This Order shall take effect
immediately.
BATAS PAMBANSA Blg. 42
An Act Amending the Charter of the Philippine Charity Sweepstakes
Office
Section 1. Section one of Republic Act Numbered Eleven hundred and
sixty-nine is hereby amended to read as follows:
"Sec. 1. The Philippine Charity Sweepstakes Office. The Philippine
Charity Sweepstakes Office, hereinafter designated the Office, shall be
the principal government agency for raising and providing for funds for
health programs, medical assistance and services and charities of
national character, and as such shall have the general powers conferred
in section thirteen of Act Numbered One thousand four hundred fifty-nine,
as amended, and shall have the authority
"A. To hold and conduct charity sweepstakes races, lotteries, and other
similar activities, in such frequency and manner, as shall be determined,
and subject to such rules and regulations as shall be promulgated by the
Board of Directors.
"B. Subject to the approval of the Minister of Human Settlements, to
engage in health and welfare-related investment, programs, projects and
activities which may be profit-oriented, by itself or in collaboration,
association or joint venture with any person, association, company or
entity, whether domestic or foreign, except for the activities mentioned in
the preceding paragraph (A), for the purpose of providing for permanent
and continuing sources of funds for health programs, including the
expansion of existing ones, medical assistance and services, and/or
charitable grants: Provided, That such investments will not compete with
the private sector in areas where investments are adequate, as may be
determined by the National Economic and Development Authority.
"C. To undertake any other activity that will enhance its funds generation
operations and funds management capabilities, subject to the same
limitations provided for in the preceding paragraph.
"It shall have a Board of Directors, hereinafter designated the Board,
composed of five members who shall be appointed, and whose
compensation and term of office shall be fixed, by the President (Prime
Minister)."
Section 2. Section six Republic Act Numbered Eleven hundred and sixty-
nine is hereby amended to read as follows:
"Sec. 6. Allocation of Net Receipts. From the gross receipts from the sale
of sweepstakes tickets, whether for sweepstakes races, lotteries, or other
similar activities, shall be deducted the printing cost of such tickets, which
in no case shall exceed two percent of such gross receipts to arrive at
the net receipts. The net receipts shall be allocated as follows:
"A. Fifty-five percent (55%) shall be set aside as a prize fund for the
payment of prizes, including those for the owners, jockeys of running
horses, and sellers of winning tickets.
"Prizes not claimed by the public within one year from date of draw shall
be considered forfeited, and shall form part of the charity fund for
disposition as stated below
"B. Thirty percent (30%) shall be set aside as contributions to the charity
fund from which the Board of Directors, in consultation with the Ministry
of Human Settlements on identified priority programs, needs and
requirements in specific communities and with the approval of the Office
of the President (Prime Minister), shall make payments or grants for
health programs, including the expansion of existing ones, medical
assistance and services and/or charities of national character, such as
the Philippine National Red Cross, under such policies and subject to
such rules and regulations as the Board may from time to time establish
and promulgate. The Board may apply part of the contributions to the
charity fund to approved investments of the Office pursuant to Section
1(B) hereof, but in no case shall such application to investments exceed
ten percent (10%) of the net receipts from the sale sweepstakes tickets
in any given year.
"Any property acquired by an institution or organization with funds given
to it under this Act shall not be sold or otherwise disposed of without the
approval of the Office of the President (Prime Minister), and that in the
event of its dissolution all such property shall be transferred to and shall
automatically become the property of the Philippine Government.
"C. Fifteen percent (15%) shall be set aside as contributions to the
operating expenses and capital expenditures of the Office.1âwphi1
accomplishment of its purposes, subject to applicable laws, rules and
regulations
"D. To promulgate rules and regulations for the operation of the office
and to do such act or acts as may be necessary for the attainment of its
purposes and objectives."

"D. All balances of any funds in the Philippine Charity Sweepstakes Office
shall revert to and form part of the charity fund provided for in paragraph
(B), and shall be subject to disposition as above stated. Section 4. All laws, decrees, and executive orders inconsistent with the
provisions of this Act are hereby repealed or modified accordingly.
"The disbursements of the allocations herein authorized shall be subject
to the usual auditing rules and regulations."

Section 3. Section nine of Republic Act Numbered Eleven hundred and
sixty-nine is hereby repealed, and the following shall be inserted as the
new provisions of Section nine, to read as follows:
Section 5. If for any reason whatsoever any portion or part of this Act is
declared unconstitutional or invalid, the remaining portion or part not
affected thereby shall remain in full force and effect.

"Sec. 9. Powers and functions of the Board of Directors. The Board of Section 6. This Act shall take effect upon its approval.
Directors of the Office shall have the following powers and functions:

"A. To adopt or amend such rules and regulations to implement the

provisions of this Act.

"B. Consistent with the purposes of this Act, to determine and approve
the most effective organizational framework for the Office and its staffing
pattern: to fix the salaries and determine the reasonable allowances, PROCLAMATION NO. 51
bonuses and other incentives of its officers and employees as may be
recommended by the General Manager; and to prescribe the manner of A PROCLAMATION GRANTING AMNESTY
hiring and compensating on a contractual basis such sales and other
personnel as may be required for its operations, subject to pertinent civil
WHEREAS, the occupation of the Philippines by the Japanese armed
service and compensation laws.
forces during the last war and the organization by them of a government
administered by citizens of the Philippines but subject to their direction
"C. To contract loans credits and indebtedness, whether domestic or and control have given rise to charges of collaboration with the enemy
foreign on such terms and conditions as it may deem appropriate for the
against such citizens of the Philippines who occupied positions in that
government, as well as against those who traded with the enemy;
WHEREAS, as a result of those charges, indictments have been filed
against a large number of Filipino citizens for alleged treasonable
collaboration with the enemy before the People’s Court, which was
established especially to hear and try those cases;
WHEREAS, these trails have been held for more than two years now, but
no final judgments convicting any one of the accused have been
rendered;
WHEREAS, the Supreme Court has declared that the mere holding of a
position in the government established by the enemy does not per
se constitute the crime of treason under the laws of the Philippines;
WHEREAS, with respect to those who are at present indicted for alleged
trading with the enemy, it appears that because aside from the
requirements of the two-witness rule in treason trials, it has been
declared necessary to prove specifically that the materials involved in the
trading were essential to the prosecution of the war, no final judgments
of conviction have been entered so far in such cases and, on the contrary,
several verdicts of acquittal have been rendered and orders of dismissal
issued;
WHEREAS, the majority of the Filipino people now realize that the
alleged acts attributed to political collaborators either were not voluntary
on their part or, in effect, were performed by them in the sincere belief
that it was their patriotic duty to execute them in the interest of the safety
and well-being of their countrymen who were then at the mercy of the
enemy;
WHEREAS, with the lapse of time there has come a better understanding
on the part of the Filipino people of the motives which actuated the
persons who held positions under the occupation government, and there
is evidence that a majority of the people have fully vindicated the
accused, convinced that in the discharge of their functions as public
officials they did everything in their power to minimize the atrocities of the
enemy and to prevent the carrying out of his purpose to induce or compel
the Filipino people to arm themselves against the allied nations;
WHEREAS, under the laws of the Philippines and the doctrines laid down
by our courts the prosecution of the cases now pending appears
unjustified with regard to alleged political collaborators and futile as to
those charged with economic collaboration;
WHEREAS, the question of collaboration has divided the people of the
Philippines since liberation in a manner which threatens the unity of the
nation at a time when the public welfare requires that said unity be
safeguarded and preserved;
WHEREAS, the question of collaboration is essentially political in nature
and should be settled in accordance with the conscience of the majority
of the people;
WHEREAS, it appears that the overwhelming sentiment of the people of
this Republic is now in favor of resolving this question as speedily as
possible by the grant of amnesty to all persons who have been accused
or may hereafter be accused of treason through alleged collaboration
with the enemy;
WHEREAS, this public sentiment does not extend to persons who
voluntarily took up arms against the alleged nations or the members of
the resistance forces, or acted as spies or informers of the enemy, or
committed murder, arson, coercion, robbery, physical injuries or any
other crime defined and punished in our penal laws, for the purpose of
aiding and abetting the enemy in the war against the allied nations, or in
the suppression of the resistance movement in the Philippines;
NOW, THEREFORE, I, Manuel Roxas, President of the Philippines by
virtue of the power in me vested by Article VII, section 10 (6) of the
Constitution, so hereby proclaim and grant full and complete amnesty to
all persons accused of any offense against the national security for acts
allegedly committed to give aid and comfort to the enemy during the last
war; provided, however, That this amnesty shall not extend to persons
who are now or may hereafter be accused of treason for having taken up
arms against the allied nations or the members of the resistance forces,
for having voluntarily acted as spies or informers of the enemy, or for
having committed murder, arson, coercion, robbery, physical injuries, or
any other crime against person or property, for the purpose of aiding and
abetting the enemy in the war against the allied nations or in the
suppression of the resistance movement in the Philippines.
All cases now pending before the courts for alleged offenses coming
within the terms of the amnesty herein granted shall be dismissed by the
respective courts on their own motion or upon petition by the prosecution
or the accused.
This proclamation shall take effect upon the concurrence therewith by the
Congress.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the
seal of the Republic of the Philippines to be affixed.
Done in the City of Manila, this 28th day of January, in the year of Our
Lord, nineteen hundred and forty-eight, and of the Independence of the
Philippines, the second
PRESIDENTIAL DECREE No. 810
October 16, 1975
AN ACT GRANTING THE PHILIPPINE JAI-ALAI AND AMUSEMENT
CORPORATION A FRANCHISE TO OPERATE, CONSTRUCT AND
MAINTAIN A FRONTON FOR BASQUE PELOTA AND SIMILAR GAMES
OF SKILL IN THE GREATER MANILA AREA
WHEREAS, by virtue of the provisions of Commonwealth Act numbered
485 the franchise to operate and maintain a fronton for the Basque pelota
and similar games of skill in the City of Manila, shall expire on October,
1975 whereupon the ownership of the land, buildings and improvements
used in the said game will be transferred without payment to the
government by operation of law;
WHEREAS, there is a pressing need not only to further develop the game
as a sport and amusement for the general public but also to exploit its full
potential in support of the government's objectives and development
programs;
WHEREAS, Basque pelota is a game of international renown, the
maintenance and promotion of which will surely assist the tourism industry
of the country;
WHEREAS, the tourism appeal of the game will be enhanced only with the
government's support and inducement in developing the sport to a level at
par with international standards;
WHEREAS, once such tourism appeal is developed, the same will serve as
a stable and expanding base for revenue generation for the government's
development projects.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the
Philippines, by virtue of the powers vested in me by the Constitution,
hereby decree as follows:
Section 1. Any provision of law to the contrary notwithstanding, there is
hereby granted to the Philippine Jai-Alai and Amusement Corporation, a
corporation duly organized and registered under the laws of the Philippines,
hereinafter called the grantee or its successors, for a period of twenty-five
from the approval of this Act, extendable for another twenty-five years
without the necessity of another franchise, the right, privilege and authority
to construct, operate and maintain a court for Basque Pelota (including the
games of pala, raqueta, cestapunta, remonte and mano) within the greater
Manila area, establish branches thereof for booking purposes and hold or
conduct Basque pelota games therein with bettings either directly or by
means of electric and/or computerized totalizator.
The games to be conducted by the grantee shall be under the supervision
of the Games and Amusements Board, hereinafter referred to as the
Board, which shall enforce the laws, rules and regulations governing
Basque pelota as provided in Commonwealth Act numbered four hundred
and eighty-five, as amended, and all the officials of the game and pelotaris
therein shall be duly licensed as such by the Board.
Section 2. The grantee or its duly authorized agent may offer, take or
arrange bets within or outside the place, enclosure or court where the
Basque pelota games are held: Provided, That bets offered, taken or
arranged outside the place, enclosure or court where the games are held,
shall be offered, taken or arranged only in places duly licensed by the
corporation, Provided, however, That the same shall be subject to the
supervision of the Board. No person other than the grantee or its duly
authorized agents shall take or arrange bets on any pelotari or on the
game, or maintain or use a totalizator or other device, method or system to
bet on any pelotari or on the game within or without the place, enclosure or
court where the games are held by the grantee. Any violation of this section
shall be punished by a fine of not more than two thousand pesos or by
imprisonment of not more than six months, or both in the discretion of the
Court. If the offender is a partnership, corporation, or association, the
criminal liability shall devolve upon its president, directors or any other
officials responsible for the violation.
Section 3. The grantee shall provide mechanical and/or computerized
devices, namely: a) electric totalizator; b) machine directly connected to a
computer in a display board, for the sale of tickets, including, those sold
from the off-court stations; c) modern sound system and loud speakers; d)
facilities that will bring safety, security, comfort and convenience to the
public; e) modern inter-communication devices; and f) such other facilities,
devices and instruments for clean, honest and orderly Basque pelota
games, within three years from the approval of this Act.
The Board shall assign its auditors and/or inspectors to supervise and
regulate the placing of bets, proper computation of dividends and
distribution of wager funds.
Section 4. The total wager fund or gross receipts from the sale of betting
tickets will be apportioned as follows: eighty-five per centum (85%) shall be
distributed in the form of dividends among the holders of "win" or "place"
numbers or holders of the winning combination or grouping of numbers as
the case may be. The remaining balance of fifteen per centum (15%) shall
be distributed as follows: eleven and one half per centum (11 1/2%) shall
be set aside as the commission fee of the grantee, and three and one-half
per centum (34%) thereof shall be set aside and alloted to any special
health, educational, civic, cultural, charitable, social welfare, sports, and
other similar projects as may be directed by the President. The receipts
from betting corresponding to the fraction of ten centavos eliminated from
the dividends paid to the winning tickets, commonly known as breakage,
shall be set aside for the above-named special projects.
Section 5. The provision of any existing law to the contrary
notwithstanding, the grantee is hereby authorized to hold Basque pelota
games (including the games of pala, raqueta, cestapunta, remonte and
mano) on all days of the week except Sundays and official holidays.
Section 6. The provisions of Commonwealth Act numbered four hundred
and eighty-five as amended, shall be deemed incorporated herein,
provided that the provisions of this Act shall take precedence over the
provisions thereof and all other laws, executive orders and regulations
which are inconsistent herewith.
Section 7. The grantee shall not lease, transfer, grant the usufruct of sell or
assign this franchise permit, or the rights or privileges acquired thereunder
to any person, firm, company, corporation or other commercial or legal
entity, nor merge with any other person, company or corporation organized
for the same purpose, without the previous approval of the President of the
Philippines.
Section 8. For purposes of this franchise, the grantee is herein authorized
to make use of the existing fronton, stadium and facilities located along Taft
Avenue, City of Manila, belonging to the government by virtue of the
provisions of Commonwealth Act numbered four hundred and eighty-five.
Section 9. This Act shall take effect upon its approval.
PRESIDENTIAL DECREE NO. 1067-B
PRESIDENTIAL DECREE NO. 1067-B-GRANTING THE PHILIPPINE
AMUSEMENTS AND GAMING CORPORATION A FRANCHISE TO
ESTABLISH, OPERATE, AND MAINTAIN GAMBLING CASINOS ON
LAND OR WATER WITHIN THE TERRITORIAL JURISDICTION OF
THE REPUBLIC OF THE PHILIPPINES
WHEREAS, new sources of revenues must be created by the
government to help finance priority infrastructure and socio-civic projects
within the Metropolitan Manila Area to stabilize social growth and
accelerate national economic development;
WHEREAS, the operation and conduct of games of chance have been
identified by historical statistics and after a careful study and survey as a
potential source for generating these additional revenues : provided such
games of chance are strictly manageable and made subject to close
scrutiny, direction, supervision and control by the government;
WHEREAS, such management and supervision can only be effectively
exercised if the operation and conduct of games of chance is operated
by or thru a government owned/controlled corporation;
WHEREAS, sixty (60%) percent of the gross earnings derived by the
grantee of this franchise shall be allocated to finance priority infra-
structure and socio-civic projects;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the
Philippines by virtue of the powers vested in me by the Constitution,
hereby decree a Franchise in favor of the Philippine Amusements and
Gaming Corporation, any provision of law to the contrary notwithstanding.
Section 1. Nature and Term of Franchise. ic Subject to the terms and
conditions established in this Decree, the Philippine Amusements and
Gaming Corporation is hereby granted for a period of twenty-five (25)
years, renewable for another 25 years, the right, privilege, and authority
to operate and maintain gambling casinos, clubs and other recreation of
amusement places, sports gaming pools, i.e., basketball, football, etc.,
whether on land or sea, within the territorial jurisdiction of the Republic of
the Philippines.
Sec. 2. Scope of Franchise. % In addition to the right and privileges
granted it under
(a) Enter into operator's and/or management contracts with duly
registered and accredited company possessing the knowledge,
skill, expertise and facilities to insure the efficient operation of
gambling casinos; Provided, That the service fees of such
management and/or operator companies whose services may be
retained by the franchise holder of this Franchise shall not in the
aggregate exceed ten (10%) percent of the gross income.
(b) Purchase foreign exchange that may be required for the
importation of equipment, facilities and other gambling
paraphernalia indispensably needed or useful to insure the
successful operation of gambling casinos.
(c) Acquire the right of way access to or thru public lands, public
waters or harbors, including the Manila Bay Area; such right to
include, but not limited to, the right to lease and/or purchase
public lands, government reclaimed lands, as well as land or
private ownership or those leased from the government. This right
shall carry with it the privilege of the franchise holder to utilize
piers, quays, boat landings, and such other pertinent and related
facilities within these specified areas for use as landing anchoring,
or berthing sites in connection with its authorized casino
operations.
(d) Build or construct structures, buildings, coastways plers, docks,
as well as any other form of landing and berthing facilities for its
floating casinos.
(e) To do and perform such other acts directly related to the efficient
and successful operation and conduct of games chance in
accordance with existing laws and decrees.
Sec. 3. Special Condition of Franchise. i % Sixty (60%) percent of the
aggregated gross earnings derived by the franchise holder from this
Franchise shall be immediately set aside and allocated to fund the
following infrastructure and socio-civic projects within the Metropolitan
Manila Area :
(a) Flood Control.
(b) Sewerage and Sewage.
(c) Nutritional Programs.
(d) Population Control.
(e) "Tulungan ng Bayan" Centers.
(f) Beautification.
Sec. 4. Exemptions.
a. Duties, taxes and other imposts on importations. All
importations of equipment, vehicles, boats, ships,
barges,rcraft and other gambling paraphernalia or
facilities for the sole and exclusive use of the casinos,
clubs and other recreation or amusement places to be
established under and by virtue of this Franchise shall be
exempt from the payment of duties, taxes and other
imports.
b. Income and other taxes. i½ No income or any other form
of taxes shall be assessed and collected under this
Franchise from the franchise holder; nor shall any form of
tax or charge attach in any way to the earnings of the
franchise holder, EXCEPT a Franchise Tax of five (5%)
percent of the gross revenue or earnings derived by the
franchise holder from its operation under this Franchise.
Such tax shall be due and payable quarterly to the
National Government and shall be in lieu of all taxes of
any kind, nature or description, levied, established, or
collected by any municipal, provincial or National
authority.
Sec. 5. Other Conditions.
 (1) Place. % The franchise holder shall conduct the gambling
activities or games of chance on land or water within the
territorial jurisdiction of the Republic of the Philippines.
(2) Time. 12% Gambling activities may be held and
conducted at anytime of the day or night; Provided,
however, That during curfew hours all players and
personnel of the gambling casinos shall remain within the
premises of the casinos.
(3-a)Persons allowed to play.
(a) Tourists and/or foreigners who are not residents of the
Philippines.
(b) Residents with a net income for the previous year of at least
P50,000.00, which fact to be certified to by the Bureau of
Internal Revenue.
(3-b) Persons not allowed to play. �
(a) (a)Government officials connected directly with the
operation of the government or any of its agencies.
(b) Members of the Armed Forces of the Philippines, including
the Army, Navy, Air Force or Constabulary.
(c) Persons under 21 years of age or students of any school,
college or university in the Philippines.
From these are excepted the personnel employed by the casinos, special
guests, or those who at the discretion of the management may be allowed
to stay in the premises.
(4) Audit of income.The books of accounts of the franchise holder, as well
as all financial records and other supporting documents, shall be subject
to audit by the Commission on Audit or his duly authorized
representative.
(5) Operation of related services. The franchise holder is authorized to
operate such necessary and related services, shows and entertainment.
Any income that may be realized from these related services shall not be
included as part of the gross income of the franchise holder for the
purpose of applying the franchise tax, but the same shall be considered
as a separate income of the franchise holder and shall be subject to
income tax.
(6) Personnel. No union or any form of association shall be formed by
persons working as employees of the casinos, whether directly or
indirectly. For such purpose, all employees of the casinos shall be
classified as "confidential" appointees and their employment thereof,
whether by the franchise holder, or the operators, or the managers, shall
be exempt from the provisions of the Labor Code or any implementing
rules and regulations thereof.
Sec. 6. The conditions of this Franchise shall be subject at all times to
the provisions of all existing laws or decrees.
Sec. 7. This Decree shall take effect immediately.
PRESIDENTIAL DECREE No. 483
June 13, 1974
PENALIZING BETTING, GAME-FIXING OR POINT SHAVING AND
MACHINATIONS IN SPORTS CONTESTS
WHEREAS, the evil that is gambling has again shown its ugly head in the
recently-discovered game-fixing or point- shaving scandals during sports
contests;
WHEREAS, one of the objectives of the New Society is the development
and promotion of desirable moral and cultural values;
WHEREAS, there is urgent need to protect one youth and sports programs
and the morality of our society, especially the youth, from the eroding
influence of unscrupulous persons who, through fraudulent schemes of
game-fixing or point-shaving and other machinations, have made
basketball and other sports contests, games and races their media of
subverting the aims and goals of true Philippine sportsmanship;
NOW, THEREFORE, I, FERDINAND E. MARCOS, by virtue of the powers
vested in me by the Constitution, and pursuant to Proclamations No. 1081,
dated September 21, 1972 and No. 1104, dated January 17, 1973; and
General Order No. 1, dated September 22, 1972, do hereby order and
decree that the following shall be part of the law of the land:
Section 1. Definitions. For purposes of this Decree, the following terms
shall mean and be understood to be as hereunder indicated:
a. Betting money or any object or article of value or representative
of value upon the result of any game, races and other sports
contest.
b. Game-fixing any arrangement, combination, scheme or
agreement by which the result of any game, races or sports
contests shall be predicted and/or known other than on the basis of
the honest playing skill or ability of the players or participants.
c. Point-shaving any such arrangement, combination, scheme or
agreement by which the skill or ability of any player or participant in
a game, races or sports contests to make points or scores shall be
limited deliberately in order to influence the result thereof in favor of
one or other team, player or participant therein.
d. Game-machinations any other fraudulent, deceitful, unfair or
dishonest means, method, manner or practice employed for the
purpose of influencing the result of any game, races or sport
contest.
Section 2. Betting, game-fixing, point-shaving or game machination
unlawful. Game-fixing, point-shaving, machination, as defined in the
preceding section, in connection with the games of basketball, volleyball,
softball, baseball; chess, boxing bouts, "jai-alai", "sipa", "pelota" and all
other sports contests, games or races; as well as betting therein except as
may be authorized by law, is hereby declared unlawful.
Section 3. Penalty. Any violation of this Decree, or of the rules and
regulations promulgated in accordance herewith, shall be punished in the
manner following:
a. When the offender is an official, such as promoter, referee,
umpire, judge, or coach in the game, race or sports contests, or the
manager or sponsor of any participating team, individual or player
therein, or participants or players in such games, races or other
sports contests, he shall, upon conviction, be punished by prision
correccional in its maximum period and a fine of 2,000 pesos with
subsidiary imprisonment in case of insolvency, at the discretion of
the court. This penalty shall also be imposed when the offenders
compose a syndicate of five or more persons.
b. In case of any offender, he shall, upon conviction, be punished
by prision correccional in its medium period and a fine of 1,000
pesos with subsidiary imprisonment in case of insolvency at the
discretion of the court.
c. When the offender is an official or employee of any government
office or agency concerned with the enforcement or administration
of laws and regulations on sports the penalty provided for in the
preceding Section 3 a small be imposed. In addition, he shall be
disqualified from holding any public office or employment for life. If
he is an alien, he may be deported.
Section 4. Clearance for arrest, detention or prosecution. No person who
voluntarily discloses or denounces to the President of the Philippine
Amateur Athletic Federation or to the National Sports Associations
concerned and/or to any law enforcement/police authority any of the acts
penalized by this Decree shall be arrested, detained and/or prosecuted
except upon prior written clearance from the President of the Philippines
and/or of the Secretary of National Defense.
Section 5. Repealing Clause. Article 197 of Act No. 3815, otherwise known
as the Revised Penal Code, as amended, all provisions of decrees, general
orders, letters of instructions, laws, executive orders and rules and
regulations which are inconsistent with this Decree are hereby repealed.
Section 6. Effectivity. This Decree shall take effect immediately upon
publication thereof by the Secretary of the Department of Public Information
at least once in a newspaper of general circulation.
PRESIDENTIAL DECREE NO. 1869
CONSOLIDATING AND AMENDING PRESIDENTIAL DECREE NOS.
1067-A, 1067-B, 1067-C, 1399 AND 1632, RELATIVE TO THE
FRANCHISE AND POWERS OF THE PHILIPPINE AMUSEMENT AND
GAMING CORPORATION (PAGCOR).
WHEREAS, Presidential Decree No. 1067-A, 1067-B, 1067-C, 1399
and 1632, relative to the Franchise and Powers of the Philippine
Amusement and Gaming Corporation (PAGCOR), were enacted to
enable the Government to regulate and centralized thru an appropriate
institution all games of chance authorized by existing franchise or
permitted by law;
WHEREAS, to facilitate the enforcement and application of the above-
mentioned Presidential Decrees, it is imperative to consolidate them
into one statute;
WHEREAS, since its creation in 1977, PAGCOR has demonstrated its
reliability as a source of income for the Government, particularly for the
funding of government infrastructure projects, such that, as of
December 1982, PAGCOR has generated gross revenue of P1.677
Billion, contributing P956 Million as the 60% share of the Government
plus P83 Million in the form of 5% franchise tax;
WHEREAS, PAGCOR’s operation has enabled the Government to
identify the potential sources of additional revenue, provided games of
chances are strictly managed and made subject to close scrutiny,
regulation, supervision and control by the Government;
WHEREAS, to make it more dynamic and effective in its tasks,
PAGCOR should now be reorganized by (a) increasing the participation
of the private sector in the subscription of the authorized capital stock of
PAGCOR and by adjusting the share of the Government in the gross
earning to 50%; provided, that the annual income of the Government is
not less than P150 Million and, if it is less, then the share of the
Government shall be 60% of the gross earnings; (b) providing for a
settlement of the portion of the Government’s share that was utilized for
the stabilization of casino operations, and (c) providing for greater
flexibility in operation by limiting governmental audit only to the
determination of the 5% franchise tax and the Government’s share of
50% of the gross earnings;
WHEREAS, in order to make PAGCOR’s regulatory powers more
effective, it is necessary that businesses primarily engaged in gambling
operations be affiliated with PAGCOR, and become subject to its
regulatory powers with respect to operation, capitalization and
organizational structure;
WHEREAS, under Presidential Decree No. 1416, as amended, the
President of the Philippines is authorized to reorganized the
administrative structure of government offices:
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the
Philippines, by virtue of the powers vested in me by the Constitution and
by Presidential Decree No. 1416, as amended, do hereby decree;
TITLE I – General Provisions
SECTION 1. Declaration of Policy. — It is hereby declared to be the
policy of the State to centralize and integrate all games of chance not
heretofore authorized by existing franchises or permitted by law in order
to attain the following objectives:
(a) To centralize and integrate the right and authority to operate and
conduct games of chance into one corporate entity to be controlled,
administered and supervised by the Government;
(b) To establish and operate clubs and casinos, for amusement and
recreation, including sports gaming pools (basketball, football, lotteries,
etc.) and such other forms of amusement and recreation including
games of chance, which may be allowed by law within the territorial
jurisdiction of the Philippines and which will: (1) generate sources of
additional revenue to fund infrastructure and socio-civic projects, such
as flood control programs, beautification, sewerage and sewage
projects, Tulungan ng Bayan Centers, Nutritional Programs, Population
Control and such other essential public services; (2) create recreation
and integrated facilities which will expand and improve the country’s
existing tourist attractions; and (3) minimize, if not totally eradicate, the
evils, malpractices and corruptions that are normally prevalent in the
conduct and operation of gambling clubs and casinos without direct
government involvement.
TITLE II – CREATION OF PHILIPPINE AMUSEMENT AND GAMING
CORPORATION
SEC. 2. Philippine Amusement and Gaming Corporation (PAGCOR);
Creation and Purpose. — To implement State policy and pursue the
objectives set forth in the preceding SEC., there is hereby created a
body corporate to be known as the Philippine Amusement and Gaming
Corporation, hereinafter referred to as the “Corporation”, which shall
have its principal office in Metropolitan Manila. The Corporation may
establish such offices, agencies, subsidiaries, or branches in the
Philippines as its operations would require and its Board of Directors
may determine.
SEC. 3. Corporate Powers. — The Corporation shall have the following
powers and functions, among others:
a) to prescribe its By-Laws;
b) to adopt, alter and use a corporate seal;
c) to own real or personal property, and to sell, alienate, mortgage,
encumber or otherwise dispose of the same;
d) to make contracts, and to sue and be sued;
e) to employ such officers and personnel as may be necessary or
proper to carry on its business;
f) to acquire, lease or maintain, whether on land, water or air, personal
property and such other equipment and facilities as may be necessary
or proper to carry out its purposes;
g) to import, buy, sell, or otherwise trade or deal in merchandise, goods,
wares and objects of all kinds and descriptions that may be necessary
or proper to carry out the purposes for which it has been created;
(h) to enter into, make, conclude, perform, and carry out contracts of
every kind and nature for any lawful purpose which are necessary,
appropriate, proper or incidental to any business or purpose of the
PAGCOR, including but not limited to investment agreements, joint
venture agreements, management agreements, agency agreements,
whether as principal or as an agent, manpower supply agreements, or
any other similar agreements or arrangements with any person, firm,
association or corporation.
i) to borrow money from local or foreign sources as may be necessary
or proper for its operations;
j) to invest its funds as the Corporation may deem necessary or proper
in any activity related to its principal operation, including in any bonds or
securities issued or guaranteed by the Government of the Philippines;
k) to perform such other powers and functions as may be provided by
law; and
l) to do anything and everything necessary, proper, desirable,
convenient or suitable for the accomplishment of any of the purpose or
the attainment of any of the objects or the furtherance of any of the
powers herein stated, either alone or in association with other
corporations, firms or individuals, and to do every other act or thing
incidental, pertaining to, growing out of, or connected with, the aforesaid
purposes, objects or powers, or any part thereof.
SEC. 4. Authorized Capital Stock. — The Corporation shall have an
authorized capital stock divided into one million voting and no par value
shares, to be subscribed, paid for and voted as follows:
a) 550,000 shares of stock to be subscribed to and paid for by the
Government of the Republic of the Philippines at an original issue value
of P200.00 per share; and
b) 450,000 shares remaining may be subscribed to by persons or
entities acceptable to the Board of Directors at issue value to be
determined by such Board of Directors.
The voting power pertaining to shares of stock subscribed to by the
Government of the Republic of the Philippines shall be vested in the
President of the Philippines or in such person or persons as he may
designate.
The voting power pertaining to shares of stock subscribed by private
persons or entities shall be vested in them.
SEC. 5. Government Investment. — The Government advances to the
Corporation authorized on May 29, 1978, having reached the amount of
P70,430,725.03, shall be converted into equity as part of the investment
of the Government to be applied to the subscription of 550,000 shares.
SEC. 6. Board of Directors. — The Corporation shall be governed and
its activities be directed, controlled and managed by a Board of
Directors, hereinafter referred to as the Board, composed of five (5)
members, three (3) of whom shall come from the Government sector
and shall be appointed by the President, while the other two (2) shall be
from the private sector, who own at least 1 share of stock in the
Corporation and who shall be elected by the stockholders of the
corporation in the annual general meeting or in a special meeting called
for such purpose.
Each Director shall serve for a term of one (1) year and until his
successor shall have been duly appointed and qualified.
SEC. 7. Powers, Functions and Duties of the Board of Directors. — The
Board shall have the following powers, functions and duties;
a) To allocate and distribute, with the approval of the Office of the
President of the Philippines, the earnings of the Corporation earmarked
to finance infrastructure and socio-civic projects;
b) To designate the commercial bank that shall act as the depository
bank of the Corporation and/or trustee of the funds of the Corporation;
c) To prepare and approve at the beginning of each calendar year the
budget that may be necessary under any franchise granted to it, to
insure the smooth operation of the Corporation; and to evaluate and
approve budgets submitted to it by other corporations or entities with
which it might have any existing contractual arrangement;
d) To submit to the Office of the President of the Philippines before the
end of February of each year a list of all the infrastructure and/or socio-
civic projects that might have been financed from the Corporation’s
earnings, and to submit such periodic or other reports as may be
required of it from time to time; and
e) To perform such other powers, functions and duties as may be
directed and authorized by the President of the Philippines or as may be
necessary or proper for the accomplishment of its purposes and
objectives.
TITLE III – AFFILIATION PROVISIONS
SEC. 8. REGISTRATION. — All persons primarily engaged in gambling,
together with their allied business, with contract or franchise from the
Corporation, shall register and affiliate their businesses with the
Corporation. The Corporation shall issue the corresponding certificates
of affiliation upon compliance by the registering entity with the
promulgated rules and regulations thereon.
SEC. 9. REGULATORY POWER. — The Corporation shall maintain a
Registry of the affiliated entities, and shall exercise all the powers,
authority and the responsibilities vested in the Securities and Exchange
Commission over such affiliated entities mentioned under the preceding
SEC., including but not limited to amendments of Articles of
Incorporation and By-Laws, changes in corporate term, structure,
capitalization and other matters concerning the operation of the
affiliating entities, the provisions of the Corporation Code of the
Philippines to the contrary notwithstanding, except only with respect to
original incorporation.
TITLE IV – GRANT OF FRANCHISE
SEC. 10. Nature and Term of Franchise. — Subject to the terms and
conditions established in this Decree, the Corporation is hereby granted
from the expiration of its original term on July 11, 2008, another period
of twenty-five (25) years, renewable for another twenty-five years, the
rights, privileges and authority to operate and license gambling casinos,
gaming clubs and other similar recreation or amusement places,
gaming pools, i.e. basketball, football, bingo, etc. except jai-alai,
whether on land or sea, within the territorial jurisdiction of the Republic
of the Philippines.
SEC. 11. Scope of Franchise. — In addition to the rights and privileges
granted it under the preceding SEC., this Franchise shall entitle the
Corporation to do and undertake the following:
(1) Enter into operating or management contracts with any registered
and accredited company or qualified person possessing the knowledge,
skill, expertise and facilities to ensure the efficient operation of gambling
casinos: provided, that the service fees of such management and/or
operator companies whose services may be retained by the
Constitution shall not in the aggregate exceed ten (10%) percent of the
gross income;
(2) Purchase foreign exchange that may be required for the importation
of equipment, facilities and other gambling paraphernalia indispensably
needed or useful to insure the successful operation of gambling
casinos;
(3) Acquire the right of way or access to or thru public land, public
waters or harbors, including the Manila Bay Area; such right shall
include but not be limited to the right to lease and/or purchase public
lands, government reclaimed lands, as well as lands of private
ownership or those leased from the Government. This right shall carry
with it the privilege of the Corporation to utilize piers, quays, boat
landings, and such other pertinent and related facilities within these
specified areas for use as landing, anchoring or berthing sites in
connection with its authorized casino operations;
(4) Build or construct structures, buildings castways, piers, decks, as
well as any other form of landing and boarding facilities for its floating
casinos; and
(5) To do and perform such other acts directly related to the efficient
and successful operation and conduct of games of chance in
accordance with existing laws and decrees.
SEC. 12. Special Condition of Franchise. — After deducting five (5%)
percent as Franchise Tax, the fifty (50%) percent share of the
government in the aggregate gross earnings of the Corporation from
this Franchise, shall immediately be set aside and allocated to fund the
following infrastructure and socio-economic projects within the
Metropolitan Area:
(a) Flood Control
(b) Sewerage and Sewage
(c) Nutritional Control
(d) Population Control
(e) Tulungan ng Bayan Centers
(f) Beautification
(g) Kilusang Kabuhayan at Kaunlaran (KKK) projects; provided, that
should the aggregate gross earnings be less than ₱150,000,000.00, the
amount to be allocated to fund the above-mentioned project shall be
equivalent to sixty (60%) percent of the aggregate gross earnings.
In addition to the priority infrastructure and socio-civic projects within the
Metropolitan Manila specifically enumerated above, the share of the
Government in the aggregate may also be appropriated and allocated
to fund and finance infrastructure and/or socio-civic projects throughout
the Philippines as may be directed and authorized by the Office of the
President of the Philippines.
SEC. 13. Exemptions. —
(1) Customs duties, taxes and other imposts on importations. — All
importations of equipment, vehicles, automobiles, boats, ships, barges,
aircraft and such other gambling paraphernalia, including accessories or
related facilities, for the sole and exclusive use of the casinos, the
proper and efficient management and administration thereof, and such
other clubs, recreation or amusement places to be established under
and by virtue of this Franchise shall be exempt from the payment of all
kinds of customs duties, taxes and other imposts, including all kinds of
fees, levies, or charges of any kind or nature, whether National or Local.
Vessels and/or accessory ferry boats imported or to be imported by any
corporation having existing contractual arrangements with the
Corporation, for the sole and exclusive use of the casino or to be used
to service the operations and requirements of the casino, shall likewise
be totally exempt from the payment of all customs duties, taxes and
other imposts, including all kinds of fees, levies, assessments or
charges of any kind or nature, whether National or Local.
(2) Income and other taxes. — (a) Franchise Holder: No tax of any kind
or form, income or otherwise, as well as fees, charges or levies of
whatever nature, whether National or Local, shall be assessed and
collected under this Franchise from the Corporation; nor shall any form
of tax or charge attach in any way to the earnings of the Corporation,
except a Franchise Tax of five (5%) percent of the gross revenue or
earnings derived by the Corporation from its operation under this
Franchise. Such tax shall be due and payable quarterly to the National
Government and shall be in lieu of all kinds of taxes, levies, fees or
assessments of any kind, nature or description, levied, established or
collected by any municipal, provincial, or national government authority.
(b) Others: The exemptions herein granted for earnings derived from
the operations conducted under the franchise specifically from the
payment of any tax, income or otherwise, as well as any form of
charges, fees or levies, shall inure to the benefit of and extend to
corporation(s), association(s), agency(ies), or individual(s) with whom
the Corporation or operator has any contractual relationship in
connection with the operations of the casino(s) authorized to be
conducted under this Franchise and to those receiving compensation or
other remuneration from the Corporation or operator as a result of
essential facilities furnished and/or technical services rendered to the
Corporation or operator.
The fee or remuneration of foreign entertainers contracted by the
Corporation or operator in pursuance of this provision shall be free of
any tax.
(3) Dividend Incomes — Notwithstanding any provision of law to the
contrary, in the event the Corporation should declare a cash dividend,
that portion of the dividend income corresponding to the participation of
the private sector shall, as an incentive to the beneficiaries, be subject
only to a final income tax rate of ten (10%) percent in lieu of the regular
income tax rates. The dividend income shall not in such case be
considered as part of beneficiaries’ taxable income; provided, however,
that such dividend income shall be totally exempted from income or
other forms of taxes if invested within six (6) months from the date the
dividend income is received, in the following:
(a) operation of the casino(s) or investments in any affiliate activity that
will ultimately redound to the benefit of the Corporation or any other
corporation with whom the Corporation has any existing arrangements
in connection with or related to the operations of the casino(s);
(b) Government bonds, securities, treasury notes, or debentures; or
(c) BOI-registered or export-oriented corporation(s).
(4) Utilization of Foreign Currencies. — The Corporation shall have the
right and authority, solely and exclusively in connection with the
operations of the casino(s), to purchase, receive, exchange and
disburse foreign exchange, subject to the following terms and
conditions:
(a) A specific area in the casino(s) or gaming pit shall be put up solely
exclusively for players and patrons utilizing foreign currencies;
(b) The Corporation shall appoint and designate a duly accredited
commercial bank agent of the Central Bank, to handle, administrative
and manage the use of foreign currencies in the casino(s);
(c) The Corporation shall provide an office at casino(s) exclusively for
the employees of the designated bank, agent of the Central Bank,
where the Corporation shall maintain a dollar account which will be
utilized exclusively for the above purpose and the casino dollar treasury
employees;
(d) Only persons with foreign passports or certificates of identity (for
Hong Kong patron only) duly issued by the government or country of
their residence will be allowed to play in the foreign exchange gaming
pit;
(e) Only foreign exchange prescribe to form part of the Philippine
International Reserve and the following foreign exchange currencies:
Australian Dollar, Singapore Dollar, Hong Kong Dollar, shall be used in
this gaming pit;
(f) The disbursement, administration, management and recording of
foreign exchange currencies used in the casino(s) shall be carried out in
accordance with existing foreign exchange regulations; and periodical
reports of the transactions in such foreign exchange currencies by the
Corporation shall be duly recorded and reported to the Central Bank
thru the designated Agent Bank; and
(g) The Corporation shall issue the necessary rules and regulations for
the guidance and information of players qualified to participate in the
foreign exchange gaming pit, in order to make certain that the terms
and conditions as above set forth are strictly complied with.
SEC. 14. Other Conditions. —
(1) Place — The Corporation shall conduct the gambling activities or
games of chance on land or water within the territorial jurisdiction of the
Republic of the Philippines. When conducted on water, the Corporation
shall have the right to dock the floating casino(s) in any part of the
Philippines where vessels/boats are authorized to dock under the
Customs and Maritime Laws.
(2) Time — Gambling activities may be held and conducted at anytime
of the day or night; provided, however, that in the places where curfew
hours are observe, all players and personnel of the gambling casinos
shall remain within the premises of the casinos.
(3) Persons allowed to play —
(a) Tourist and/or foreigners who are not residents of the Philippines;
(b) Residents with a gross income for the previous year of at least
P50,000.00, which fact shall be certified to by the Bureau of Internal
Revenue; and
(c) The number of guests of the above-mentioned qualified persons
shall be limited to two (2) only; provided, that the said guests are at
least 21 years of age;
(4) Persons not allowed to play —
(a) Government officials connected directly with the operation of the
Government or any of its agencies;
(b) Members of the Armed Forces of the Philippines, including the
Army, Navy, Air Force or Constabulary; and
(c) Persons under 21 years of age or students of any school, college or
university in the Philippines.
From these are excepted the personnel employed by the casinos,
special guests, or those who at the discretion of the Management may
be allowed to stay in the premises.
(5) Operation of related services — The Corporation is authorized to
operate such necessary and related services, shows and entertainment.
Any income that may be realized from these related services shall not
be included as part of the income of the Corporation for the purpose of
applying the franchise tax, but the same shall be considered as a
separate income of the Corporation and shall be subject to income tax.
TITLE V – GOVERNMENT AUDIT
SEC. 15. Auditor — The Commission of Audit or any government
agency that the Office of the President may designate shall appoint a
representative who shall be the Auditor of the Corporation and such
personnel as may be necessary to assist said representative in the
performance of his duties. The salaries of the Auditor or representative
and his staff shall be fixed by the Chairman of the Commission on Audit
or designated government agency, with the advice of the Board, and
said salaries and other expenses shall be paid by the Corporation. The
funds of the Corporation to be covered by the audit shall be limited to
the 5% franchise tax and the 50% of the gross earnings pertaining to
the Government as its share.
TITLE VI – EXEMPTION FROM CIVIL SERVICE LAW
SEC. 16. Exemption — All position in the Corporation, whether
technical, administrative, professional, or managerial are exempt from
the provisions of the Civil Service Law, rules and regulations, and shall
be governed only by the personnel management policies set by the
Board of Directors. All employees of the casinos and related services
shall be classified as “Confidential” appointee.
TITLE VII – TRANSITORY PROVISIONS
SEC. 17. Transitory Provisions — The properties, monies, assets,
rights, choses in action, obligations, liabilities, records and contracts of
the Philippine Amusement and Gaming Corporation (PAGCOR) under
Presidential Decree Nos. 1067-A, 1067-B, 1067-C, 1399 and 1632 shall
continue to be vested in and assumed by the Corporation, pursuant to
this Decree.
Likewise, all personnel of PAGCOR under the above-mentioned Decree
shall be absorbed by the Corporation under this Decree and shall
remain in their respective positions without demotion in rank or
reduction in salary: provided, that employees who shall be separated
from the Corporation shall be given at least one month gratuity for every
full year of service, a fraction of over six months being considered a full
year, but in no case more than twenty-four months salary, in addition to
all benefits to which they may be entitled under existing laws, rules and
regulations.
SEC. 18. Exemption From Labor Laws — No union or any form of
association shall be formed by all those working as employees of the
casino or related services whether directly or indirectly. For such
purpose, all employees of the casinos or related services shall be
classified as “confidential” appointees and their employment thereof,
whether by the franchise holder, or the operators, or the managers,
shall be exempt from the provisions of the Labor Code or any
implementing rules and regulations thereof.
TITLE VIII – REPEALING AND EFFECTIVITY CLAUSES
SEC. 19. Repealing Clause — All laws, decrees, executive, orders,
administrative orders, rules or regulations, inconsistent herewith are
hereby repealed, amended or modified accordingly.
SEC. 20. Effectivity — This Decree shall take effect Immediately.
PRESIDENTIAL DECREE No. 1306
AMENDING SECTION 2 OF PRESIDENTIAL DECREE NO. 810
ENTITLED: "AN ACT GRANTING THE PHILIPPINE JAI-ALAI AND
AMUSEMENT CORPORATION A FRANCHISE TO OPERATE,
CONSTRUCT AND MAINTAIN A FRONTON FOR BASQUE PELOTA
AND SIMILAR GAMES OF SKILL IN THE GREATER MANILA AREA".
Section 1. Section 2 of Presidential Decree No. 810 is hereby amended to
read as follows:
"Sec. 2. The grantee or its duly authorized agent may offer, take or arrange
bets within or outside the place, enclosure or court where the Basque
pelota games are held: Provided, That bets offered, taken or arranged
outside the place, enclosure or court where the games are held, shall be
offered, taken or arranged only in places duly licensed by the corporation,
Provided, however, That the same shall be subject to the supervision of the
Board. Any person, not otherwise authorized under this Act, who shall offer,
take or arrange bets on any basque pelota game or event and similar
games of skill or knowingly permit the commission of any of the act
prohibited in this Act in any inhabited or uninhabited place or any building,
vessel or other means of transportation owned or controlled by him; and
violates any provision of this Act shall be punished by a fine of not less than
one thousand pesos nor more than five thousand pesos, or by
imprisonment of not less than six months, or both, in the discretion of the
Court; Provided, further, That, any person who shall make or place a bet
with such unauthorized person, operators or maintainers shall likewise be
punished by a fine of not less than five hundred nor more than two
thousand pesos, or by imprisonment of one day to thirty days, or both, in
the discretion of the court". If the offender is a partnership, corporation or
association, the criminal liability shall devolve upon its president, directors
or any other officials responsible for the violation.
Section 2. Repealing Clause. Pertinent provisions of Republic Act nine
hundred fifty-four (R.A. 954) relative to the basque pelota games, and all
other laws, decrees, executive orders, rules and regulations, or parts
thereof inconsistent with this decree are hereby repealed and/or modified
accordingly.
Section 3. This decree shall take effect immediately.
REPUBLIC ACT No. 3063
AN ACT AUTHORIZING LICENSED RACE-TRACKS AND RACING
CLUBS AND THEIR AUTHORIZED AGENTS TO OFFER, TAKE OR
ARRANGE BETS OUTSIDE THE PLACE, ENCLOSURE OR TRACK
WHERE THE RACES ARE HELD, PROVIDED SUCH BETS ARE
OFFERED, TAKEN OR ARRANGED ONLY IN RIZAL PROVINCE AND IN
CHARTERED CITIES, AND PROVIDING PROPER PENALTIES FOR
VIOLATIONS THEREOF, AMENDING FOR THE PURPOSE SECTIONS
TWO AND SEVEN OF REPUBLIC ACT NUMBERED NINE HUNDRED
FIFTY-FOUR.
Section 1. Section two of Republic Act Numbered Nine hundred fifty-four is
amended to read as follows:
"Sec. 2. No person shall offer, take or arrange bets on any horse race, or
maintain or use a totalizator or other device, method or system to bet or
gamble on any horse race outside the place, enclosure, or track where the
race is held. This prohibition shall not apply to a race-track or racing club
duly licensed by the Games and Amusements Board to conduct horse
races nor to the duly authorized agents of such race-track or racing club,
which race-track or racing club and its duly authorized agents are hereby
authorized on the days when races are being held in its premises to offer,
take or arrange bets outside the place, enclosure or track where the races
are held, provided such bets are offered, taken or arranged only in Rizal
Province and in chartered cities. The sale of such tickets shall be made
only from offices or booths and shall be recorded in the race-track before
the start of the races."
Section 2. Section seven of the same Act is amended to read as follows:
"Sec. 7. Any violation of this Act shall be punished by a fine of not less than
one thousand pesos not more than two thousand pesos or by imprisonment
for not less than one month or more than six months, or both, in the
discretion of the court. If the offender is a partnership, corporation or
association, the criminal liability shall devolve upon its president, director,
or any other official responsible for the violation.
Section 3. This Act shall take effect upon its approval.
PRESIDENTIAL DECREE No. 1602
PRESCRIBING STIFFER PENALTIES ON ILLEGAL GAMBLING
WHEREAS, Philippine Gambling Laws such as Articles 195-199 of the
Revised Penal Code (Forms of Gambling and Betting), R.A. 3063 (Horse
racing Bookies), P.D. 449 (Cockfighting), P.D. 483 (Game Fixing), P.D. 510
(Slot Machines) in relation to Opinion Nos. 33 and 97 of the Ministry of
Justice, P.D. 1306 (Jai-Alai Bookies) and other City and Municipal
Ordinances or gambling all over the country prescribe penalties which are
inadequate to discourage or stamp out this pernicious activities;
WHEREAS, there is now a need to increase their penalties to make them
more effective in combating this social menace which dissipate the energy
and resources of our people;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the
Republic of the Philippines, by virtue of the powers vested in me by the
Constitution, do hereby order and decree:
Section 1. Penalties. The following penalties are hereby imposed:
(a) The penalty of prison correccional in its medium period of a fine
ranging from one thousand to six thousand pesos, and in case of
recidivism, the penalty of prision mayor in its medium period or a
fine ranging from five thousand to ten thousand pesos shall be
imposed upon:
1. Any person other than those referred to in the
succeeding sub-sections who in any manner, shall directly
or indirectly take part in any illegal or unauthorized activities
or games of cockfighting, jueteng, jai alai or horse racing to
include bookie operations and game fixing, numbers, bingo
and other forms of lotteries; cara y cruz, pompiang and the
like; 7-11 and any game using dice; black jack, lucky nine,
poker and its derivatives, monte, baccarat, cuajao,
pangguingue and other card games; paik que, high and
low, mahjong, domino and other games using plastic tiles
and the likes; slot machines, roulette, pinball and other
mechanical contraptions and devices; dog racing, boat
racing, car racing and other forms of races, basketball,
boxing, volleyball, bowling, pingpong and other forms of
individual or team contests to include game fixing, point
shaving and other machinations; banking or percentage
game, or any other game scheme, whether upon chance or
skill, wherein wagers consisting of money, articles of value
or representative of value are at stake or made;
 2. Any person who shall knowingly permit any form of
gambling referred to in the preceding subparagraph to be
carried on in inhabited or uninhabited place or in any
building, vessel or other means of transportation owned or
controlled by him. If the place where gambling is carried on
has a reputation of a gambling place or that prohibited
gambling is frequently carried on therein, or the place is a
public or government building or barangay hall, the
malfactor shall be punished by prision correccional in its
maximum period and a fine of six thousand pesos.
(b) The penalty of prision correccional in its maximum period or a
fine of six thousand pesos shall be imposed upon the maintainer or
conductor of the above gambling schemes.
(c) The penalty of prision mayor in its medium period with
temporary absolute disqualification or a fine of six thousand pesos
shall be imposed if the maintainer, conductor or banker of said
gambling schemes is a government official, or where such
government official is the player, promoter, referee, umpire, judge
or coach in case of game fixing, point shaving and machination.
(d) The penalty of prision correccional in its medium period or a fine
ranging from four hundred to two thousand pesos shall be imposed
upon any person who shall, knowingly and without lawful purpose
in any hour of any day, possess any lottery list, paper or other
matter containing letters, figures, signs or symbols pertaining to or
in any manner used in the games of jueteng, jai-alai or horse racing
bookies, and similar games of lotteries and numbers which have
taken place or about to take place.
(e) The penalty of temporary absolute disqualifications shall be
imposed upon any barangay official who, with knowledge of the
existence of a gambling house or place in his jurisdiction fails to
abate the same or take action in connection therewith.
(f) The penalty of prision correccional in its maximum period or a
fine ranging from five hundred pesos to two thousand pesos shall
be imposed upon any security officer, security guard, watchman,
private or house detective of hotels, villages, buildings, enclosures
and the like which have the reputation of a gambling place or where
gambling activities are being held.
Section 2. Informer's reward. Any person who shall disclose information
that will lead to the arrest and final conviction of the malfactor shall be
rewarded twenty percent of the cash money or articles of value confiscated
or forfeited in favor of the government.
Section 3. Repealing Clause. Provisions of Art. 195-199 of the Revised
Penal Code, as amended, Republic Act No. 3063, Presidential Decrees
Numbered 483, 449, 510 and 1306, letters of instructions, laws, executive
orders, rules and regulations, city and municipal ordinances which are
inconsistent with this Decree are hereby repealed.
Section 4. Effectivity. This Decree shall take effect immediately upon
publication at least once in a newspaper of general circulation.
PRESIDENTIAL DECREE No. 449
May 9, 1974
COCKFIGHTING LAW OF 1974
WHEREAS, cockfighting has been and still is a popular, traditional and
customary form of recreation and entertainment among Filipinos during
legal holidays, local fiestas, agricultural, commercial and industrial fairs,
carnivals or expositions;
WHEREAS, by reason of the aforestated meaning and connotation of
cockfighting in relation to filipino customs and traditions, it should neither be
exploited as an object of commercialism or business enterprise, nor made
a tool of uncontrolled gambling, but more as a vehicle for the preservation
and perpetuation of native Filipino heritage and thereby enhance our
national identity.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the
Philippines, by virtue of the powers vested in me by the Constitution, do
hereby decree and order to be part of the laws of the land, the following:
Sec 1. Title. This Decree shall be known as the "Cockfighting Law of 1974".
Section 2. Scope. This law shall govern the establishment, operation,
maintenance and ownership of cockpits.
Section 3. Declaration of Policy. It is hereby declared a policy of the
government to insure within the framework of the New Society maximum
development and promotion of wholesome recreation and amusement to
bring about the following goals:
(a) To effectively control and regulate cockfighting towards its
establishment as a national recreation, relaxation and source of
entertainment;
Section 5. Cockpits and Cockfighting: In General:
(b) To provide additional revenue for our tourism program; and
(c) To remove and prevent excessive and unreasonable business
operation and profit considerations in the management of cockpits
and, instead preserve Philippine customs and traditions and
thereby enhance our national identity.
Section 4. Definition of Terms. As used in this law, the following terms
shall be understood, applied and construed as follows:
(a) Cockfighting shall embrace and mean the commonly known
game or term "cockfighting derby, pintakasi or tupada", or its
equivalent terms in different Philippine localities.
(b) Zoning Law or Ordinance Either both national or local city or
municipal legislation which logically arranges, prescribes, defines
and apportions a given political subdivision into specific land uses
as present and future projection of needs warrant.
(c) Bet Taker of Promoter A person who calls and takes care of
bets from owners of both gamecocks and those of other bettors
before he orders commencement of the cockfight and thereafter
distributes won bets to the winners after deducting a certain
commission.
(d) Gaffer (Taga Tari) A person knowledgeable in the art of arming
fighting cocks with gaff or gaffs on either or both legs.
(e) Referee (Sentenciador) A person who watches and oversees
the proper gaffing of fighting cocks, determines the physical
condition of fighting cocks while cockfighting is in progress, the
injuries sustained by the cocks and their capability to continue
fighting and decides and make known his decision by work or
gestures and result of the cockfight by announcing the winner or
declaring a tie or no contest game.
(f) Bettor A person who participates in cockfights and with the use
of money or other things of value, bets with other bettors or through
the bet taker or promoter and wins or loses his bet depending upon
the result of the cockfight as announced by the Referee or
Sentenciador. He may be the owner of fighting cock.
(a) Ownership, Operation and Management of Cockpits. Only
Filipino citizens not otherwise inhibited by existing laws shall be
allowed to own, manage and operate cockpits. Cooperative
capitalization is encouraged.
(b) Establishment of Cockpits. Only one cockpit shall be allowed in
each city or municipality, except that in cities or municipalities with
a population of over one hundred thousand, two cockpits may be
established, maintained and operated.
(c) Cockpits Site and Construction. Cockpits shall be constructed
and operated within the appropriate areas as prescribed in Zoning
Law or Ordinance. In the absence of such law or ordinance, the
local executives shall see to it that no cockpits are constructed
within or near existing residential or commercial areas, hospitals,
school buildings, churches or other public buildings. Owners,
lessees, or operators of cockpits which are now in existence and do
not conform to this requirement are given three years from the date
of effectivity of this Decree to comply herewith. Approval or
issuance of building permits for the construction of cockpits shall be
made by the city or provincial engineer in accordance with their
respective building codes, ordinances or engineering laws and
practices.
(d) Holding of Cockfights. Except as provided in this Decree,
cockfighting shall be allowed only in licensed cockpits during
Sundays and legal holidays and during local fiestas for not more
than three days. It may also be held during provincial, city or
municipal, agricultural, commercial or industrial fair, carnival or
exposition for a similar period of three days upon resolution of the
province, city or municipality where such fair, carnival or exposition
is to be held, subject to the approval of the Chief of Constabulary or
his authorized representative: Provided, that, no cockfighting on the
occasion of such fair, carnival or exposition shall be allowed within
the month of a local fiesta or for more than two occasions a year in
 the same city or municipality: Provided, further, that no cockfighting
shall be held on December 30 (Rizal Day), June 12 (Philippine
Independence Day) November 30 (National Heroes Day), Holy
Thursday, Good Friday, Election or Referendum Day and during
Registration Days for such election or referendum.
(e) Cockfighting for Entertainment of Tourists or for Charitable
Purposes. Subject to the preceding subsection hereof, the Chief
Constabulary or his authorized representative may also allow the
holding of cockfighting for the entertainment of foreign dignitaries or
for tourists, or for returning Filipinos, commonly known as
"Balikbayan", or for the support of national fund-raising campaigns
for charitable purposes as may be authorized by the Office of the
President, upon resolution of a provincial board, city or municipal
council, in licensed cockpits or in playgrounds or parks: Provided,
that this privilege shall be extended for only one time, for a period
not exceeding three days, within a year to a province, city, or
municipality.
(f) Other games during cockfights prescribed. No gambling of any
kind shall be permitted on the premises of the cockpit or place of
cockfighting during cockfights. The owner, manager or lessee off
such cockpit and the violators of this injunction shall be criminally
liable under Section 8 hereof.
Section 8. Penal Provisions. Any violation of the provisions of this Decree
and of the rules and regulations promulgated by the Chief of Constabulary
pursuant thereto shall be punished as follows:
a. By prision correccional in its maximum period and a fine of two
thousand pesos, with subsidiary imprisonment in case of
insolvency, when the offender is the financer, owner, manger or
operator of cockpit, or the gaffer, referee or bet taker in cockfights;
or the offender is guilty of allowing, promoting or participating in any
other kind of gambling in the premises of cockfights during
cockfights.
b. By prision correccional or a fine of not less than six hundred
pesos nor more than two thousand pesos or both, such
imprisonment and fine at the discretion of the court, with subsidiary
imprisonment in case of insolvency, in case of any other offender.
Section 9. Repealing Clause. The provisions of Section 2285 and 2286 of
the Revised Penal Code, Republic Act No. 946, all laws, decrees, rules and
regulations, or orders which are inconsistent with this Decree are hereby
repealed or modified accordingly.
Section 10. Date of Effectivity. This Decree shall take effect after fifteen
(15) days following the completion of the publication in the Official Gazette.

Section 6. Licensing of Cockpits. City and municipal mayors are authorized

to issue licenses for the operation and maintenance of cockpits subject to
the approval of the Chief of Constabulary or his authorized representatives.
For this purpose, ordinances may be promulgated for the imposition and
collection of taxes and fees not exceeding the rates fixed under Section 13,
paragraphs (a) and (b); and 19; paragraph (g) 16 of Presidential Decree
No. 231, dated June 28, 1973, otherwise known as the Local Tax Code, as
amended.

Section 7. Cockfighting Officials. Gaffers, referees or bet takers or

promoters shall not act as such in any cockfight herein authorized, without
first securing a license renewable every year on their birthmonth from the
city or municipality where such cockfighting is held. Cities and
municipalities may charge a tax of not more than twenty pesos. Only
licensed gaffers, referees, bet takers or promoters shall officiate in all kinds
of cockfighting authorized in this Decree.