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I.

ACT 3326 - PERIOD OF PRESCRIPTION FOR SPECIAL PENAL LAWS

Violations penalized by special acts shall, unless otherwise provided in such acts,
prescribe in accordance with the following rules: after four years for those punished by
imprisonment for more than one month, but less than two years Prescription shall begin to run
from the day of the commission of the violation of the law, and if the same be not known at the
time, from the discovery thereof and the institution of judicial proceedings for its investigation
and punishment. ( Panaguiton v. DOJ; G.R. No. 167571; November 25, 2008)

II.

AN ACT PROHIBITING THE IMPOSITION OF DEATH PENALTY IMPOSITION OF


DEATH PENALTY.
(a) the penalty of reclusion perpetua, when the law violated makes use of the
nomenclature of the penalties of the Revised Penal Code; or
(b) the penalty of life imprisonment, when the law violated does not make use of the
nomenclature of the penalties of the Revised Penal Code.
Person convicted of offenses punished with reclusion perpetua, or whose sentences will
be reduced to reclusion perpetua, by reason of this Act, shall not be eligible for parole
under Act No. 4180, otherwise known as the Indeterminate Sentence Law, as amended.

III.

R.A. 9262- VIOLENCE AGAINST WOMEN AND THEIR CHILDREN.


"Violence against women and their children" refers to any act or a series of acts
committed by any person against a woman who is his wife, former wife, or against a
woman with whom the person has or had a sexual or dating relationship, or with whom
he has a common child, or against her child whether legitimate or illegitimate, within or
without the family abode, which result in or is likely to result in physical, sexual,
psychological harm or suffering, or economic abuse including threats of such acts,
battery, assault, coercion, harassment or arbitrary deprivation of liberty. It includes, but is
not limited to, the following acts:
"Physical Violence" refers to acts that include bodily or physical harm;
"Sexual violence" refers to an act which is sexual in nature, committed against
a woman or her child. It includes, but is not limited to:
a) rape, sexual harassment, acts of lasciviousness, treating a woman or
her child as a sex object, making demeaning and sexually suggestive
remarks, physically attacking the sexual parts of the victim's body, forcing
her/him to watch obscene publications and indecent shows or forcing the
woman or her child to do indecent acts and/or make films thereof, forcing
the wife and mistress/lover to live in the conjugal home or sleep together
in the same room with the abuser;
b) acts causing or attempting to cause the victim to engage in any sexual
activity by force, threat of force, physical or other harm or threat of
physical or other harm or coercion;
c) Prostituting the woman or child.
"Psychological violence" refers to acts or omissions causing or likely to cause
mental or emotional suffering of the victim such as but not limited to intimidation,
harassment, stalking, damage to property, public ridicule or humiliation, repeated
verbal abuse and mental infidelity. It includes causing or allowing the victim to
witness the physical, sexual or psychological abuse of a member of the family to
which the victim belongs, or to witness pornography in any form or to witness
abusive injury to pets or to unlawful or unwanted deprivation of the right to
custody and/or visitation of common children.
"Economic abuse" refers to acts that make or attempt to make a woman
financially dependent which includes, but is not limited to the following:
1. withdrawal of financial support or preventing the victim from engaging
in any legitimate profession, occupation, business or activity, except in
cases wherein the other spouse/partner objects on valid, serious and
moral grounds as defined in Article 73 of the Family Code;

2. deprivation or threat of deprivation of financial resources and the right


to the use and enjoyment of the conjugal, community or property owned
in common;
3. destroying household property;
4. controlling the victims' own money or properties or solely controlling the
conjugal money or properties.
"Battery" refers to an act of inflicting physical harm upon the woman or her child
resulting to the physical and psychological or emotional distress.
"Battered Woman Syndrome" refers to a scientifically defined pattern of psychological
and behavioral symptoms found in women living in battering relationships as a result of
cumulative abuse.
Battered woman has been defined as a woman who is repeatedly subjected to any
forceful physical or psychological behavior by a man in order to coerce her to do something he
wants her to do without concern for her rights. Battered women include wives or women in any
form of intimate relationship with men. Furthermore, in order to be classified as a battered
woman, the couple must go through the battering cycle at least twice. Any woman may find
herself in an abusive relationship with a man once. If it occurs a second time, and she remains
in the situation, she is defined as a battered woman.
Battered women exhibit common personality traits, such as low self-esteem, traditional
beliefs about the home, the family and the female sex role; emotional dependence upon the
dominant male; the tendency to accept responsibility for the batterers actions; and false hopes
that the relationship will improve. More graphically, the battered woman syndrome is
characterized by the so-called cycle of violence, which has three phases: (1) the tensionbuilding phase; (2) the acute battering incident; and (3) the tranquil, loving (or, at least,
nonviolent) phase. A battered woman usually believes that she is the sole anchor of the
emotional stability of the batterer. Sensing his isolation and despair, she feels responsible for
his well-being. The truth, though, is that the chances of his reforming, or seeking or receiving
professional help, are very slim, especially if she remains with him. Generally, only after she
leaves him does he seek professional help as a way of getting her back. Yet, it is in this phase
of remorseful reconciliation that she is most thoroughly tormented psychologically. (People v.
Marivic Genosa; G.R. No. 135981; January 15, 2004)

"Children" refers to those below eighteen (18) years of age or older but are incapable of taking
care of themselves as defined under Republic Act No. 7610. As used in this Act, it includes the
biological children of the victim and other children under her care.
Acts of Violence Against Women and Their Children.- The crime of violence against women
and their children is committed through any of the following acts:(a) Causing physical harm to
the woman or her child; (b) Threatening to cause the woman or her child physical harm; (c)

Attempting to cause the woman or her child physical harm; (d) Placing the woman or her child in
fear of imminent physical harm; (e) Attempting to compel or compelling the woman or her child
to engage in conduct which the woman or her child has the right to desist from or desist from
conduct which the woman or her child has the right to engage in, or attempting to restrict or
restricting the woman's or her child's freedom of movement or conduct by force or threat of
force, physical or other harm or threat of physical or other harm, or intimidation directed against
the woman or child. This shall include, but not limited to, the following acts committed with the
purpose or effect of controlling or restricting the woman's or her child's movement or conduct:
(1) Threatening to deprive or actually depriving the woman or her child of custody
to her/his family;
(2) Depriving or threatening to deprive the woman or her children of financial
support legally due her or her family, or deliberately providing the woman's
children insufficient financial support;
(3) Depriving or threatening to deprive the woman or her child of a legal right;
(4) Preventing the woman in engaging in any legitimate profession, occupation,
business or activity or controlling the victim's own mon4ey or properties, or solely
controlling the conjugal or common money, or properties;
(f) Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her
actions or decisions; (g) Causing or attempting to cause the woman or her child to engage in
any sexual activity which does not constitute rape, by force or threat of force, physical harm, or
through intimidation directed against the woman or her child or her/his immediate family; (h)
Engaging in purposeful, knowing, or reckless conduct, personally or through another, that
alarms or causes substantial emotional or psychological distress to the woman or her child. This
shall include, but not be limited to, the following acts:
(1) Stalking or following the woman or her child in public or private places;
(2) Peering in the window or lingering outside the residence of the woman or her
child;
(3) Entering or remaining in the dwelling or on the property of the woman or her
child against her/his will;
(4) Destroying the property and personal belongings or inflicting harm to animals
or pets of the woman or her child; and
(5) Engaging in any form of harassment or violence;
(i) Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child,
including, but not limited to, repeated verbal and emotional abuse, and denial of financial
support or custody of minor children of access to the woman's child/children.

Penalties.- The crime of violence against women and their children.


(a) Acts falling under (a) constituting attempted, frustrated or consummated parricide or
murder or homicide shall be punished in accordance with the provisions of the Revised
Penal Code.
If these acts resulted in mutilation, it shall be punishable in accordance with the Revised
Penal Code; those constituting serious physical injuries shall have the penalty of prison
mayor; those constituting less serious physical injuries shall be punished by prision
correccional; and those constituting slight physical injuries shall be punished by arresto
mayor.
Acts falling under (b) shall be punished by imprisonment of two degrees lower than the
prescribed penalty for the consummated crime as specified in the preceding paragraph
but shall in no case be lower than arresto mayor.
(b) Acts falling under (c) and (d) shall be punished by arresto mayor;
(c) Acts falling under (e) shall be punished by prision correccional;
(d) Acts falling under (f) shall be punished by arresto mayor;
(e) Acts falling under (g) shall be punished by prision mayor;
(f) Acts falling under (h) and (i) shall be punished by prision mayor.
If the acts are committed while the woman or child is pregnant or committed in the
presence of her child, the penalty to be applied shall be the maximum period of penalty
prescribed in the section.
In addition to imprisonment, the perpetrator shall (a) pay a fine in the amount of not less
than One hundred thousand pesos (P100,000.00) but not more than three hundred
thousand pesos (300,000.00); (b) undergo mandatory psychological counseling or
psychiatric treatment and shall report compliance to the court.
Venue.- The Regional Trial Court designated as a Family Court shall have original and
exclusive jurisdiction over cases of violence against women and their children under this law. In
the absence of such court in the place where the offense was committed, the case shall be filed
in the Regional Trial Court where the crime or any of its elements was committed at the option
of the compliant.
Protection Orders.- A protection order is an order issued under this act for the purpose of
preventing further acts of violence against a woman or her child specified in Section 5 of this Act
and granting other necessary relief. The relief granted under a protection order serve the
purpose of safeguarding the victim from further harm, minimizing any disruption in the victim's

daily life, and facilitating the opportunity and ability of the victim to independently regain control
over her life. The provisions of the protection order shall be enforced by law enforcement
agencies. The protection orders that may be issued under this Act are the barangay protection
order (BPO), temporary protection order (TPO) and permanent protection order (PPO). The
protection orders that may be issued under this Act shall include any, some or all of the following
reliefs:
(a) Prohibition of the respondent from threatening to commit or committing, personally or
through another, any of the acts mentioned in Section 5 of this Act;
(b) Prohibition of the respondent from harassing, annoying, telephoning, contacting or
otherwise communicating with the petitioner, directly or indirectly;
(c) Removal and exclusion of the respondent from the residence of the petitioner,
regardless of ownership of the residence, either temporarily for the purpose of protecting
the petitioner, or permanently where no property rights are violated, and if respondent
must remove personal effects from the residence, the court shall direct a law
enforcement agent to accompany the respondent has gathered his things and escort
respondent from the residence;
(d) Directing the respondent to stay away from petitioner and designated family or
household member at a distance specified by the court, and to stay away from the
residence, school, place of employment, or any specified place frequented by the
petitioner and any designated family or household member;
(e) Directing lawful possession and use by petitioner of an automobile and other
essential personal effects, regardless of ownership, and directing the appropriate law
enforcement officer to accompany the petitioner to the residence of the parties to ensure
that the petitioner is safely restored to the possession of the automobile and other
essential personal effects, or to supervise the petitioner's or respondent's removal of
personal belongings;
(f) Granting a temporary or permanent custody of a child/children to the petitioner;
(g) Directing the respondent to provide support to the woman and/or her child if entitled
to legal support. Notwithstanding other laws to the contrary, the court shall order an
appropriate percentage of the income or salary of the respondent to be withheld
regularly by the respondent's employer for the same to be automatically remitted directly
to the woman. Failure to remit and/or withhold or any delay in the remittance of support
to the woman and/or her child without justifiable cause shall render the respondent or his
employer liable for indirect contempt of court;
(h) Prohibition of the respondent from any use or possession of any firearm or deadly
weapon and order him to surrender the same to the court for appropriate disposition by
the court, including revocation of license and disqualification to apply for any license to
use or possess a firearm. If the offender is a law enforcement agent, the court shall

order the offender to surrender his firearm and shall direct the appropriate authority to
investigate on the offender and take appropriate action on matter;
(i) Restitution for actual damages caused by the violence inflicted, including, but not
limited to, property damage, medical expenses, childcare expenses and loss of income;
(j) Directing the DSWD or any appropriate agency to provide petitioner may need; and
(k) Provision of such other forms of relief as the court deems necessary to protect and
provide for the safety of the petitioner and any designated family or household member,
provided petitioner and any designated family or household member consents to such
relief.
Any of the reliefs provided under this section shall be granted even in the absence of a
decree of legal separation or annulment or declaration of absolute nullity of marriage.
The issuance of a BPO or the pendency of an application for BPO shall not preclude a
petitioner from applying for, or the court from granting a TPO or PPO.
Who may file Petition for Protection Orders. A petition for protection order may be filed by
any of the following: (a) the offended party; (b) parents or guardians of the offended party; (c)
ascendants, descendants or collateral relatives within the fourth civil degree of consanguinity or
affinity; (d) officers or social workers of the DSWD or social workers of local government units
(LGUs); (e) police officers, preferably those in charge of women and children's
desks;n(f) Punong Barangay or Barangay Kagawad; (g) lawyer, counselor, therapist or
healthcare provider of the petitioner; (h) At least two (2) concerned responsible citizens of the
city or municipality where the violence against women and their children occurred and who has
personal knowledge of the offense committed.
Where to Apply for a Protection Order. Applications for BPOs shall follow the rules on
venue under Section 409 of the Local Government Code of 1991 and its implementing rules and
regulations. An application for a TPO or PPO may be filed in the regional trial court, metropolitan
trial court, municipal trial court, municipal circuit trial court with territorial jurisdiction over the
place of residence of the petitioner: Provided, however, That if a family court exists in the place
of residence of the petitioner, the application shall be filed with that court.
Enforceability of Protection Orders. All TPOs and PPOs issued under this Act shall be
enforceable anywhere in the Philippines and a violation thereof shall be punishable with a fine
ranging from Five Thousand Pesos (P5,000.00) to Fifty Thousand Pesos (P50,000.00) and/or
imprisonment of six (6) months.
Barangay Protection Orders (BPOs); Who May Issue and How. - Barangay Protection
Orders (BPOs) refer to the protection order issued by the Punong Barangay ordering the
perpetrator to desist from committing acts under Section 5 (a) and (b) of this Act. A Punong
Barangay who receives applications for a BPO shall issue the protection order to the applicant
on the date of filing after ex parte determination of the basis of the application. If the Punong
Barangay is unavailable to act on the application for a BPO, the application shall be acted upon

by any available Barangay Kagawad. If the BPO is issued by a Barangay Kagawad the order
must be accompanied by an attestation by the Barangay Kagawad that the Punong
Barangay was unavailable at the time for the issuance of the BPO. BPOs shall be effective for
fifteen (15) days. Immediately after the issuance of an ex parte BPO, the Punong Barangay or
Barangay Kagawad shall personally serve a copy of the same on the respondent, or direct any
barangay official to effect is personal service. The parties may be accompanied by a non-lawyer
advocate in any proceeding before the Punong Barangay.
Temporary Protection Orders. Temporary Protection Orders (TPOs) refers to the protection
order issued by the court on the date of filing of the application after ex parte determination that
such order should be issued. A court may grant in a TPO any, some or all of the reliefs
mentioned in this Act and shall be effective for thirty (30) days. The court shall schedule a
hearing on the issuance of a PPO prior to or on the date of the expiration of the TPO. The court
shall order the immediate personal service of the TPO on the respondent by the court sheriff
who may obtain the assistance of law enforcement agents for the service. The TPO shall
include notice of the date of the hearing on the merits of the issuance of a PPO.
Permanent Protection Orders. Permanent Protection Order (PPO) refers to protection order
issued by the court after notice and hearing. Respondents non-appearance despite proper
notice, or his lack of a lawyer, or the non-availability of his lawyer shall not be a ground for
rescheduling or postponing the hearing on the merits of the issuance of a PPO. If the
respondents appears without counsel on the date of the hearing on the PPO, the court shall
appoint a lawyer for the respondent and immediately proceed with the hearing. In case the
respondent fails to appear despite proper notice, the court shall allow ex parte presentation of
the evidence by the applicant and render judgment on the basis of the evidence presented. The
court shall allow the introduction of any history of abusive conduct of a respondent even if the
same was not directed against the applicant or the person for whom the applicant is made.
The court shall, to the extent possible, conduct the hearing on the merits of the issuance of a
PPO in one (1) day. Where the court is unable to conduct the hearing within one (1) day and the
TPO issued is due to expire, the court shall continuously extend or renew the TPO for a period
of thirty (30) days at each particular time until final judgment is issued. The extended or
renewed TPO may be modified by the court as may be necessary or applicable to address the
needs of the applicant. The court may grant any, some or all of the reliefs specified in Section 8
hereof in a PPO. A PPO shall be effective until revoked by a court upon application of the
person in whose favor the order was issued. The court shall ensure immediate personal service
of the PPO on respondent. The court shall not deny the issuance of protection order on the
basis of the lapse of time between the act of violence and the filing of the application.
Regardless of the conviction or acquittal of the respondent, the Court must determine whether
or not the PPO shall become final. Even in a dismissal, a PPO shall be granted as long as there
is no clear showing that the act from which the order might arise did not exist.
Persons Intervening Exempt from Liability. In every case of violence against women and
their children as herein defined, any person, private individual or police authority or barangay
official who, acting in accordance with law, responds or intervenes without using violence or

restraint greater than necessary to ensure the safety of the victim, shall not be liable for any
criminal, civil or administrative liability resulting therefrom.

IV.

R.A. 9344 COMPREHENSIVE JUVENILE JUSTICE AND WELFARE SYSTEM,

"Best Interest of the Child" refers to the totality of the circumstances and conditions
which are most congenial to the survival, protection and feelings of security of the child
and most encouraging to the child's physical, psychological and emotional development.
It also means the least detrimental available alternative for safeguarding the growth and
development of the child.
"Child" refers to a person under the age of eighteen (18) years.
"Child at Risk" refers to a child who is vulnerable to and at the risk of committing
criminal offenses because of personal, family and social circumstances, such as, but not
limited to, the following: (1) being abused by any person through sexual, physical,
psychological, mental, economic or any other means and the parents or guardian refuse,
are unwilling, or unable to provide protection for the child;(2) being exploited including
sexually or economically;(3) being abandoned or neglected, and after diligent search
and inquiry, the parent or guardian cannot be found;(4) coming from a dysfunctional or
broken family or without a parent or guardian;(5) being out of school;(6) being a
streetchild;(7) being a member of a gang;(8) living in a community with a high level of
criminality or drug abuse; and(9) living in situations of armed conflict.

"Child in Conflict with the Law" refers to a child who is alleged as, accused of, or
adjudged as, having committed an offense under Philippine laws.
"Community-based Programs" refers to the programs provided in a community
setting developed for purposes of intervention and diversion, as well as rehabilitation of
the child in conflict with the law, for reintegration into his/her family and/or community.
"Court" refers to a family court or, in places where there are no family courts, any
regional trial court.
"Deprivation of Liberty" refers to any form of detention or imprisonment, or to the
placement of a child in conflict with the law in a public or private custodial setting, from
which the child in conflict with the law is not permitted to leave at will by order of any
judicial or administrative authority.
"Diversion" refers to an alternative, child-appropriate process of determining the
responsibility and treatment of a child in conflict with the law on the basis of his/her
social, cultural, economic, psychological or educational background without resorting to
formal court proceedings.
"Diversion Program" refers to the program that the child in conflict with the law is
required to undergo after he/she is found responsible for an offense without resorting to
formal court proceedings.
"Initial Contact With-the Child" refers to the apprehension or taking into custody of a
child in conflict with the law by law enforcement officers or private citizens. It includes the
time when the child alleged to be in conflict with the law receives a subpoena under
Section 3(b) of Rule 112 of the Revised Rules of Criminal Procedure or summons under
Section 6(a) or Section 9(b) of the same Rule in cases that do not require preliminary
investigation or where there is no necessity to place the child alleged to be in conflict
with the law under immediate custody.
"Intervention" refers to a series of activities which are designed to address issues that
caused the child to commit an offense. It may take the form of an individualized
treatment program which may include counseling, skills training, education, and other
activities that will enhance his/her psychological, emotional and psycho-social wellbeing.
"Juvenile Justice and Welfare System" refers to a system dealing with children at risk
and children in conflict with the law, which provides child-appropriate proceedings,
including programs and services for prevention, diversion, rehabilitation, re-integration
and aftercare to ensure their normal growth and development.
(n) "Law Enforcement Officer" refers to the person in authority or his/her agent as
defined in Article 152 of the Revised Penal Code, including a barangay tanod.

Minimum Age of Criminal Responsibility. - A child fifteen (15) years of age or under at the
time of the commission of the offense shall be exempt from criminal liability. However, the child
shall be subjected to an intervention program . A child above fifteen (15) years but below
eighteen (18) years of age shall likewise be exempt from criminal liability and be subjected to an
intervention program, unless he/she has acted with discernment, in which case, such child shall
be subjected to the appropriate proceedings in accordance with this Act. The exemption from
criminal liability herein established does not include exemption from civil liability, which shall be
enforced in accordance with existing laws.
Determination ofAge. - The child in conflict with the law shall enjoy the presumption of minority.
He/She shall enjoy all the rights of a child in conflict with the law until he/she is proven to be
eighteen (18) years old or older. The age of a child may be determined from the child's birth
certificate, baptismal certificate or any other pertinent documents. In the absence of these
documents, age may be based on information from the child himself/herself, testimonies of
other persons, the physical appearance of the child and other relevant evidence. In case of
doubt as to the age of the child, it shall be resolved in his/her favor. Any person contesting the
age of the child in conflict with the law prior to the filing of the information in any appropriate
court may file a case in a summary proceeding for the determination of age before the Family
Court which shall decide the case within twenty-four (24) hours from receipt of the appropriate
pleadings of all interested parties.
If a case has been fiied against the child in conflict with the law and is pending in the
appropriate court, the person shall file a motion to determine the age of the child in the same
court where the case is pending. Pending hearing on the said motion, proceedings on the main
case shall be suspended. In all proceedings, law enforcement officers, prosecutors, judges and
other government officials concerned shall exert all efforts at determining the age of the child in
conflict with the law.
Children Below the Age of Criminal Responsibility. - If it has been determined that the child
taken into custody is fifteen (15) years old or below, the authority which will have an initial
contact with the child has the duty to immediately release the child to the custody of his/her
parents or guardian, or in the absence thereof, the child's nearest relative. Said authority shall
give notice to the local social welfare and development officer who will determine the
appropriate programs in consultation with the child and to the person having custody over the
child. If the parents, guardians or nearest relatives cannot be located, or if they refuse to take
custody, the child may be released to any of the following: a duly registered nongovernmental or
religious organization; a barangay official or a member of the Barangay Council for the
Protection of Children (BCPC); a local social welfare and development officer; or when and
where appropriate, the DSWD. If the child referred to herein has been found by the Local Social
Welfare and Development Office to be abandoned, neglected or abused by his parents, or in the
event that the parents will not comply with the prevention program, the proper petition for
involuntary commitment shall be filed by the DSWD or the Local Social Welfare and
Development Office pursuant to Presidential Decree No. 603, otherwise ,known as "The Child
and Youth Welfare Code".
System of Diversion. - Children in conflict with the law shall undergo diversion programs
without undergoing court proceedings subject to the conditions herein provided:

(a) Where the imposable penalty for the crime committee is not more than six (6) years
imprisonment, the law enforcement officer or Punong Barangay with the assistance of
the local social welfare and development officer or other members of the LCPC shall
conduct mediation, family conferencing and conciliation and, where appropriate, adopt
indigenous modes of conflict resolution in accordance with the best interest of the child
with a view to accomplishing the objectives of restorative justice and the formulation of a
diversion program. The child and his/her family shall be present in these activities.
(b) In victimless crimes where the imposable penalty is not more than six (6) years
imprisonment, the local social welfare and development officer shall meet with the child
and his/her parents or guardians for the development of the appropriate diversion and
rehabilitation program, in coordination with the BCPC;
(c) Where the imposable penalty for the crime committed exceeds six (6) years
imprisonment, diversion measures may be resorted to only by the court.
Stages Where Diversion May be Conducted. - Diversion may be conducted at the
Katarungang Pambarangay, the police investigation or the inquest or preliminary investigation
stage and at all 1evels and phases of the proceedings including judicial level.
Detention of the Child Pending Trial. - Children detained pending trial may be released on
bail or recognizance as provided for under Sections 34 and 35 under this Act. In all other cases
and whenever possible, detention pending trial may be replaced by alternative measures, such
as close supervision, intensive care or placement with a family or in an educational setting or
home. Institutionalization or detention of the child pending trial shall be used only as a measure
of last resort and for the shortest possible period of time. Whenever detention is necessary, a
child will always be detained in youth detention homes established by local governments,
pursuant to Section 8 of the Family Courts Act, in the city or municipality where the child
resides.
In the absence of a youth detention home, the child in conflict with the law may be committed to
the care of the DSWD or a local rehabilitation center recognized by the government in the
province, city or municipality within the jurisdiction of the court. The center or agency concerned
shall be responsible for the child's appearance in court whenever required.
Automatic Suspension of Sentence. - Once the child who is under eighteen (18) years of age
at the time of the commission of the offense is found guilty of the offense charged, the court
shall determine and ascertain any civil liability which may have resulted from the offense
committed. However, instead of pronouncing the judgment of conviction, the court shall place
the child in conflict with the law under suspended sentence, without need of
application: Provided, however, That suspension of sentence shall still be applied even if the
juvenile is already eighteen years (18) of age or more at the time of the pronouncement of
his/her guilt.
Status Offenees. - Any conduct not considered an offense or not penalized if committed by an
adult shall not be considered an offense and shall not be punished if committed by a child.

Offenses Not Applicable to Children. - Persons below eighteen (18) years of age shall be
exempt from prosecution for the crime of vagrancy and prostitution under Section 202 of the
Revised Penal Code, of mendicancy under Presidential Decree No. 1563, and sniffing of rugby
under Presidential Decree No. 1619, such prosecution being inconsistent with the United
Nations Convention on the Rights of the Child: Provided, That said persons shall undergo
appropriate counseling and treatment program.
Exemption from the Application of Death Penalty. - The provisions of the Revised Penal
Code, as amended, Republic Act No. 9165, otherwise known as the Comprehensive Dangerous
Drugs Act of 2002, and other special laws notwithstanding, no death penalty shall be imposed
upon children in conflict with the law.

V.

RA 8294 ILLEGAL/UNLAWFUL POSSESSION, MANUFACTURE, DEALING


IN ACQUISITION OR DISPOSITION OF FIREARMS, AMMUNITION OR
EXPLOSIVES, AND IMPOSING STIFFER PENALTIES FOR CERTAIN
VIOLATIONS

PENALTIES

Unlawful manufacture, sale, acquisition, disposition or possession of firearms or


ammunition or instruments used or intended to be used in the manufacture of
firearms or ammunition. The penalty of prision correccional in its maximum period
and a fine of not less than Fifteen thousand pesos (P15,000) shall be imposed upon any
person who shall unlawfully manufacture, deal in, acquire, dispose, or possess any low
powered firearm, such as rimfire handgun, .380 or .32 and other firearm of similar
firepower, part of firearm, ammunition, or machinery, tool or instrument used or intended
to be used in the manufacture of any firearm or ammunition: Provided, That no other
crime was committed.
"The penalty of prision mayor in its minimum period and a fine of Thirty thousand pesos
(P30,000) shall be imposed if the firearm is classified as high powered firearm which
includes those with bores bigger in diameter than .38 caliber and 9 millimeter such as
caliber .40, .41, .44, .45 and also lesser calibered firearms but considered powerful such
as caliber .357 and caliber .22 center-fire magnum and other firearms with firing
capability of full automatic and by burst of two or three: Provided, however, That no other
crime was committed by the person arrested.
"If homicide or murder is committed with the use of an unlicensed firearm, such use of
an unlicensed firearm shall be considered as an aggravating circumstance.
"If the violation of this Sec. is in furtherance of or incident to, or in connection with the
crime of rebellion or insurrection, sedition, or attempted coup d'etat, such violation shall
be absorbed as an element of the crime of rebellion, or insurrection, sedition, or
attempted coup d'etat.
"The same penalty shall be imposed upon the owner, president, manager, director or
other responsible officer of any public or private firm, company, corporation or entity, who
shall willfully or knowingly allow any of the firearms owned by such firm, company,
corporation or entity to be used by any person or persons found guilty of violating the
provisions of the preceding paragraphs or willfully or knowingly allow any of them to use
unlicensed firearms or firearms without any legal authority to be carried outside of their
residence in the course of their employment.
"The penalty of arresto mayor shall be imposed upon any person who shall carry any
licensed firearm outside his residence without legal authority therefor."
Unlawful manufacture, sale, acquisition, disposition or possession of explosives.
The penalty of prision mayor in its maximum period to reclusion temporal and a fine of
not less than Fifty thousand pesos (P50,000) shall be imposed upon any person who
shall unlawfully manufacture, assemble, deal in, acquire, dispose or possess hand
grenade(s), rifle grenade(s), and other explosives, including but not limited to 'pillbox,'
'molotov cocktail bombs,' 'fire bombs,' or other incendiary devices capable of producing
destructive effect on contiguous objects or causing injury or death to any person.
"When a person commits any of the crimes defined in the Revised Penal Code or special
laws with the use of the aforementioned explosives, detonation agents or incendiary

devices, which results in the death of any person or persons, the use of such explosives,
detonation agents or incendiary devices shall be considered as an aggravating
circumstance.
"If the violation of this Sec. is in furtherance of, or incident to, or in connection with the
crime of rebellion, insurrection, sedition or attempted coup d'etat, such violation shall be
absorbed as an element of the crimes of rebellion, insurrection, sedition or attempted
coup d'etat.
"The same penalty shall be imposed upon the owner, president, manager, director or
other responsible officer of any public or private firm, company, corporation or entity, who
shall willfully or knowingly allow any of the explosives owned by such firm, company,
corporation or entity, to be used by any person or persons found guilty of violating the
provisions of the preceding paragraphs."
Tampering of firearm's serial number. The penalty of prision correccional shall be
imposed upon any person who shall unlawfully tamper, change, deface or erase the
serial number of any firearm."
Repacking or altering the composition of lawfully manufactured explosives. The
penalty of prision correccional shall be imposed upon any person who shall unlawfully
repack, alter or modify the composition of any lawfully manufactured explosives."
Coverage of the Term Unlicensed Firearm.
1) firearms with expired license; or
2) unauthorized use of licensed firearm in the commission of the crime.
The corpus delicti in the crime of illegal possession of firearms is the accused's lack of license or
permit to possess or carry the firearm, as possession itself is not prohibited by law. To establish
the corpus delicti, the prosecution has the burden of proving that the firearm exists and that the
accused who owned or possessed it does not have the corresponding license or permit to possess or
carry the same. A memorandum receipt and mission order cannot take the place of a duly issued firearms
license, and an accused who relies on said documents cannot invoke good faith as a defense against a
prosecution for illegal possession of firearms, as this is a malum prohibitum. Special or confidential civilian
agents who are not included in the regular plantilla of any government agency involved in law enforcement
or receiving regular compensation for services rendered are not exempt from the requirements under P.D.
No. 1866, as amended by R.A. No. 8294, of a regular license to possess firearms and a permit to carry the
same outside of residence Special or confidential civilian agents are not qualified to receive, obtain and
possess government-owned firearms. Their ineligibility will not be cured by the issuance of a
memorandum receipt for equipment covering said government-owned firearms. Neither will they qualify for
exemption from the requirements of a regular firearms license and a permit to carry firearms by the mere
issuance to them of a government-owned firearms covered by a memorandum receipt. Special or
confidential civilian agents do not qualify for mission orders to carry firearms (whether private-owned or
government-owned) outside of their residence. (Sayco vs. People; G.R. No. 159703; March 3,
2008)

If an unlicensed firearm is used in the commission of any crime, there can be no


separate offense of simple illegal possession of firearms. (People v. Walpan M. Ladjaalam,)
The accused can be convicted of simple illegal possession of firearms, provided that no
other crime was committed by the person arrested. (Agote vs. Lorenzo; G.R. No. 142675;
July 22, 2005)
The kind of possession punishable under PD No. 1866 is one where the accused
possessed a firearm either physically or constructively with animus possidendi or intention to
possess the same. It is not enough that the firearm was found in the person of the accused who
held the same temporarily and casually or for the purpose of surrendering the
same.Admittedly, Animus possidendi is a state of mind. As such, what goes on into the mind
of an accused, as his real intent, could be determined solely based on his prior and coetaneous
acts and the surrounding circumstances explaining how the subject firearm came to his
possession. Animus possidendi is determinable from the prior and simultaneous acts of the
accused. (People vs. Rodolfo dele Rosa; G.R. No. 84857; January 16, 1998)

VI.

RA 9165 THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002

Unlawful Acts and Penalties


Importation of Dangerous Drugs and/or Controlled Precursors and Essential
Chemicals.- .The penalty of life imprisonment to death and a ranging from Five hundred
thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon
any person, who, unless authorized by law, shall import or bring into the Philippines any
dangerous drug, regardless of the quantity and purity involved, including any and all species of
opium poppy or any part thereof or substances derived therefrom even for floral, decorative and
culinary purposes.
The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20)
years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred
thousand pesos (P500,000.00) shall be imposed upon any person, who, unless authorized by
law, shall import any controlled precursor and essential chemical.
The maximum penalty provided for under this Section shall be imposed upon any person, who,
unless authorized under this Act, shall import or bring into the Philippines any dangerous drug
and/or controlled precursor and essential chemical through the use of a diplomatic passport,
diplomatic facilities or any other means involving his/her official status intended to facilitate the
unlawful entry of the same. In addition, the diplomatic passport shall be confiscated and
canceled.
The maximum penalty provided for under this Section shall be imposed upon any person, who
organizes, manages or acts as a "financier" of any of the illegal activities prescribed in this
Section.
The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment and a
fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person, who acts as a "protector/coddler" of any
violator of the provisions under this Section.
Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation of
Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. - The penalty of
life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00)
to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who, unless
authorized by law, shall sell, trade, administer, dispense, deliver, give away to another, distribute
dispatch in transit or transport any dangerous drug, including any and all species of opium
poppy regardless of the quantity and purity involved, or shall act as a broker in any of such
transactions.
The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20)
years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred

thousand pesos (P500,000.00) shall be imposed upon any person, who, unless authorized by
law, shall sell, trade, administer, dispense, deliver, give away to another, distribute, dispatch in
transit or transport any controlled precursor and essential chemical, or shall act as a broker in
such transactions.
If the sale, trading, administration, dispensation, delivery, distribution or transportation of any
dangerous drug and/or controlled precursor and essential chemical transpires within one
hundred (100) meters from the school, the maximum penalty shall be imposed in every case.
For drug pushers who use minors or mentally incapacitated individuals as runners, couriers and
messengers, or in any other capacity directly connected to the dangerous drugs and/or
controlled precursors and essential chemical trade, the maximum penalty shall be imposed in
every case.
If the victim of the offense is a minor or a mentally incapacitated individual, or should a
dangerous drug and/or a controlled precursor and essential chemical involved in any offense
herein provided be the proximate cause of death of a victim thereof, the maximum penalty
provided for under this Section shall be imposed.
The maximum penalty provided for under this Section shall be imposed upon any person who
organizes, manages or acts as a "financier" of any of the illegal activities prescribed in this
Section.
The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment and a
fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person, who acts as a "protector/coddler" of any
violator of the provisions under this Section.
Maintenance of a Den, Dive or Resort. - The penalty of life imprisonment to death and a fine
ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos
(P10,000,000.00) shall be imposed upon any person or group of persons who shall maintain a
den, dive or resort where any dangerous drug is used or sold in any form.
The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20)
years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred
thousand pesos (P500,000.00) shall be imposed upon any person or group of persons who
shall maintain a den, dive, or resort where any controlled precursor and essential chemical is
used or sold in any form. The maximum penalty provided for under this Section shall be
imposed in every case where any dangerous drug is administered, delivered or sold to a minor
who is allowed to use the same in such a place. Should any dangerous drug be the proximate
cause of the death of a person using the same in such den, dive or resort, the penalty of death
and a fine ranging from One million (P1,000,000.00) to Fifteen million pesos (P500,000.00) shall
be imposed on the maintainer, owner and/or operator.
If such den, dive or resort is owned by a third person, the same shall be confiscated and
escheated in favor of the government: Provided, That the criminal complaint shall specifically
allege that such place is intentionally used in the furtherance of the crime: Provided, further,

That the prosecution shall prove such intent on the part of the owner to use the property for
such purpose: Provided, finally, That the owner shall be included as an accused in the criminal
complaint. The maximum penalty provided for under this Section shall be imposed upon any
person who organizes, manages or acts as a "financier" of any of the illegal activities prescribed
in this Section.
The penalty twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine
ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person, who acts as a "protector/coddler" of any
violator of the provisions under this Section.
Employees and Visitors of a Den, Dive or Resort. - The penalty of imprisonment ranging from
twelve (12) years and one (1) day to twenty (20) years and a fine ranging from One hundred
thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be
imposed upon: (a) Any employee of a den, dive or resort, who is aware of the nature of the
place as such; and (b) Any person who, not being included in the provisions of the next
preceding, paragraph, is aware of the nature of the place as such and shall knowingly visit the
same
Manufacture of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals.
- The penalty of life imprisonment to death and a fine ranging Five hundred thousand pesos
(P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who,
unless authorized by law, shall engage in the manufacture of any dangerous drug.
The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20)
years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred
thousand pesos (P500,000.00) shall be imposed upon any person, who, unless authorized by
law, shall manufacture any controlled precursor and essential chemical.
The presence of any controlled precursor and essential chemical or laboratory equipment in the
clandestine laboratory is a prima facie proof of manufacture of any dangerous drug. It shall be
considered an aggravating circumstance if the clandestine laboratory is undertaken or
established under the following circumstances:
(a) Any phase of the manufacturing process was conducted in the presence or with the
help of minor/s:
(b) Any phase or manufacturing process was established or undertaken within one
hundred (100) meters of a residential, business, church or school premises;
(c) Any clandestine laboratory was secured or protected with booby traps;
(d) Any clandestine laboratory was concealed with legitimate business operations; or
(e) Any employment of a practitioner, chemical engineer, public official or foreigner.

The maximum penalty shall be imposed upon any person, who organizes, manages or
acts as a "financier" of any of the illegal activities
The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment and a
fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person, who acts as a "protector/coddler" of any
violator of the provisions under this Section.
Illegal Chemical Diversion of Controlled Precursors and Essential Chemicals. - The
penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years
and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand
pesos (P500,000.00) shall be imposed upon any person, who, unless authorized by law, shall
illegally divert any controlled precursor and essential chemical.
Manufacture or Delivery of Equipment, Instrument, Apparatus, and Other Paraphernalia
for Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. - The
penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years
and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand
pesos (P500,000.00) shall be imposed upon any person who shall deliver, possess with intent to
deliver, or manufacture with intent to deliver equipment, instrument, apparatus and other
paraphernalia for dangerous drugs, knowing, or under circumstances where one reasonably
should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture,
compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain or
conceal any dangerous drug and/or controlled precursor and essential chemical in violation of
this Act.
The penalty of imprisonment ranging from six (6) months and one (1) day to four (4) years and a
fine ranging from Ten thousand pesos (P10,000.00) to Fifty thousand pesos (P50,000.00) shall
be imposed if it will be used to inject, ingest, inhale or otherwise introduce into the human body
a dangerous drug in violation of this Act.
The maximum penalty provided for under this Section shall be imposed upon any person, who
uses a minor or a mentally incapacitated individual to deliver such equipment, instrument,
apparatus and other paraphernalia for dangerous drugs.
Section 11. Possession of Dangerous Drugs. - The penalty of life imprisonment to death and a
fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos
(P10,000,000.00) shall be imposed upon any person, who, unless authorized by law, shall
possess any dangerous drug in the following quantities, regardless of the degree of purity
thereof:
(1) 10 grams or more of opium;
(2) 10 grams or more of morphine;
(3) 10 grams or more of heroin;

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


(5) 50 grams or more of methamphetamine hydrochloride or "shabu";
(6) 10 grams or more of marijuana resin or marijuana resin oil;
(7) 500 grams or more of marijuana; and
(8) 10 grams or more of other dangerous drugs such as, but not limited to,
methylenedioxymethamphetamine (MDA) or "ecstasy", paramethoxyamphetamine
(PMA), trimethoxyamphetamine (TMA), lysergic acid diethylamine (LSD), gamma
hydroxyamphetamine (GHB), and those similarly designed or newly introduced drugs
and their derivatives, without having any therapeutic value or if the quantity possessed is
far beyond therapeutic requirements, as determined and promulgated by the Board in
accordance to Section 93, Article XI of this Act.
Otherwise, if the quantity involved is less than the foregoing quantities, the penalties shall be
graduated as follows:
(1) Life imprisonment and a fine ranging from Four hundred thousand pesos
(P400,000.00) to Five hundred thousand pesos (P500,000.00), if the quantity of
methamphetamine hydrochloride or "shabu" is ten (10) grams or more but less than fifty
(50) grams;
(2) Imprisonment of twenty (20) years and one (1) day to life imprisonment and a fine
ranging from Four hundred thousand pesos (P400,000.00) to Five hundred thousand
pesos (P500,000.00), if the quantities of dangerous drugs are five (5) grams or more but
less than ten (10) grams of opium, morphine, heroin, cocaine or cocaine hydrochloride,
marijuana resin or marijuana resin oil, methamphetamine hydrochloride or "shabu", or
other dangerous drugs such as, but not limited to, MDMA or "ecstasy", PMA, TMA, LSD,
GHB, and those similarly designed or newly introduced drugs and their derivatives,
without having any therapeutic value or if the quantity possessed is far beyond
therapeutic requirements; or three hundred (300) grams or more but less than five
(hundred) 500) grams of marijuana; and
(3) Imprisonment of twelve (12) years and one (1) day to twenty (20) years and a fine
ranging from Three hundred thousand pesos (P300,000.00) to Four hundred thousand
pesos (P400,000.00), if the quantities of dangerous drugs are less than five (5) grams of
opium, morphine, heroin, cocaine or cocaine hydrochloride, marijuana resin or marijuana
resin oil, methamphetamine hydrochloride or "shabu", or other dangerous drugs such as,
but not limited to, MDMA or "ecstasy", PMA, TMA, LSD, GHB, and those similarly
designed or newly introduced drugs and their derivatives, without having any therapeutic
value or if the quantity possessed is far beyond therapeutic requirements; or less than
three hundred (300) grams of marijuana.
Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous
Drugs. -The penalty of imprisonment ranging from six (6) months and one (1) day to four (4)

years and a fine ranging from Ten thousand pesos (P10,000.00) to Fifty thousand pesos
(P50,000.00) shall be imposed upon any person, who, unless authorized by law, shall possess
or have under his/her control any equipment, instrument, apparatus and other paraphernalia fit
or intended for smoking, consuming, administering, injecting, ingesting, or introducing any
dangerous drug into the body: Provided, That in the case of medical practitioners and various
professionals who are required to carry such equipment, instrument, apparatus and other
paraphernalia in the practice of their profession, the Board shall prescribe the necessary
implementing guidelines thereof.
The possession of such equipment, instrument, apparatus and other paraphernalia fit or
intended for any of the purposes enumerated in the preceding paragraph shall be prima
facie evidence that the possessor has smoked, consumed, administered to himself/herself,
injected, ingested or used a dangerous drug and shall be presumed to have violated Section 15
of this Act.
Possession of Dangerous Drugs During Parties, Social Gatherings or Meetings. Any
person found possessing any dangerous drug during a party, or at a social gathering or
meeting, or in the proximate company of at least two (2) persons, shall suffer the maximum
penalties provided for in Section 11 of this Act, regardless of the quantity and purity of such
dangerous drugs.
Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous
Drugs During Parties, Social Gatherings or Meetings. - The maximum penalty provided for
in Section 12 of this Act shall be imposed upon any person, who shall possess or have under
his/her control any equipment, instrument, apparatus and other paraphernalia fit or intended for
smoking, consuming, administering, injecting, ingesting, or introducing any dangerous drug into
the body, during parties, social gatherings or meetings, or in the proximate company of at least
two (2) persons.
Use of Dangerous Drugs. A person apprehended or arrested, who is found to be positive for
use of any dangerous drug, after a confirmatory test, shall be imposed a penalty of a minimum
of six (6) months rehabilitation in a government center for the first offense, subject to the
provisions of Article VIII of this Act. If apprehended using any dangerous drug for the second
time, he/she shall suffer the penalty of imprisonment ranging from six (6) years and one (1) day
to twelve (12) years and a fine ranging from Fifty thousand pesos (P50,000.00) to Two hundred
thousand pesos (P200,000.00): Provided, That this Section shall not be applicable where the
person tested is also found to have in his/her possession such quantity of any dangerous drug
provided for under Section 11 of this Act, in which case the provisions stated therein shall apply.
Cultivation or Culture of Plants Classified as Dangerous Drugs or are Sources - The
penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos
(P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who
shall plant, cultivate or culture marijuana, opium poppy or any other plant regardless of quantity,
which is or may hereafter be classified as a dangerous drug or as a source from which any
dangerous drug may be manufactured or derived: Provided, That in the case of medical
laboratories and medical research centers which cultivate or culture marijuana, opium poppy
and other plants, or materials of such dangerous drugs for medical experiments and research

purposes, or for the creation of new types of medicine, the Board shall prescribe the necessary
implementing guidelines for the proper cultivation, culture, handling, experimentation and
disposal of such plants and materials.
The land or portions thereof and/or greenhouses on which any of said plants is cultivated or
cultured shall be confiscated and escheated in favor of the State, unless the owner thereof can
prove lack of knowledge of such cultivation or culture despite the exercise of due diligence on
his/her part. If the land involved is part of the public domain, the maximum penalty provided for
under this Section shall be imposed upon the offender.
The maximum penalty provided for under this Section shall be imposed upon any person, who
organizes, manages or acts as a "financier" of any of the illegal activities prescribed in this
Section.
The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment and a
fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person, who acts as a "protector/coddler" of any
violator of the provisions under this Section.
Maintenance and Keeping of Original Records of Transactions on Dangerous Drugs
and/or Controlled Precursors and Essential Chemicals. - The penalty of imprisonment
ranging from one (1) year and one (1) day to six (6) years and a fine ranging from Ten thousand
pesos (P10,000.00) to Fifty thousand pesos (P50,000.00) shall be imposed upon any
practitioner, manufacturer, wholesaler, importer, distributor, dealer or retailer who violates or fails
to comply with the maintenance and keeping of the original records of transactions on any
dangerous drug and/or controlled precursor and essential chemical in accordance with Section
40 of this Act.
An additional penalty shall be imposed through the revocation of the license to practice his/her
profession, in case of a practitioner, or of the business, in case of a manufacturer, seller,
importer, distributor, dealer or retailer.
Unnecessary Prescription of Dangerous Drugs. The penalty of imprisonment ranging from
twelve (12) years and one (1) day to twenty (20) years and a fine ranging from One hundred
thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) and the
additional penalty of the revocation of his/her license to practice shall be imposed upon the
practitioner, who shall prescribe any dangerous drug to any person whose physical or
physiological condition does not require the use or in the dosage prescribed therein, as
determined by the Board in consultation with recognized competent experts who are authorized
representatives of professional organizations of practitioners, particularly those who are
involved in the care of persons with severe pain.
Unlawful Prescription of Dangerous Drugs. The penalty of life imprisonment to death and a
fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos
(P10,000,000.00) shall be imposed upon any person, who, unless authorized by law, shall make
or issue a prescription or any other writing purporting to be a prescription for any dangerous
drug.

Confiscation and Forfeiture of the Proceeds or Instruments of the Unlawful Act, Including
the Properties or Proceeds Derived from the Illegal Trafficking of Dangerous Drugs
and/or Precursors and Essential Chemicals. Every penalty imposed for the unlawful
importation, sale, trading, administration, dispensation, delivery, distribution, transportation or
manufacture of any dangerous drug and/or controlled precursor and essential chemical, the
cultivation or culture of plants which are sources of dangerous drugs, and the possession of any
equipment, instrument, apparatus and other paraphernalia for dangerous drugs including other
laboratory equipment, shall carry with it the confiscation and forfeiture, in favor of the
government, of all the proceeds and properties derived from the unlawful act, including, but not
limited to, money and other assets obtained thereby, and the instruments or tools with which the
particular unlawful act was committed, unless they are the property of a third person not liable
for the unlawful act, but those which are not of lawful commerce shall be ordered destroyed
without delay pursuant to the provisions of Section 21 of this Act.
After conviction in the Regional Trial Court in the appropriate criminal case filed, the Court shall
immediately schedule a hearing for the confiscation and forfeiture of all the proceeds of the
offense and all the assets and properties of the accused either owned or held by him or in the
name of some other persons if the same shall be found to be manifestly out of proportion to
his/her lawful income: Provided, however, That if the forfeited property is a vehicle, the same
shall be auctioned off not later than five (5) days upon order of confiscation or forfeiture.
During the pendency of the case in the Regional Trial Court, no property, or income derived
therefrom, which may be confiscated and forfeited, shall be disposed, alienated or transferred
and the same shall be in custodia legis and no bond shall be admitted for the release of the
same.
The proceeds of any sale or disposition of any property confiscated or forfeited under this
Section shall be used to pay all proper expenses incurred in the proceedings for the
confiscation, forfeiture, custody and maintenance of the property pending disposition, as well as
expenses for publication and court costs. The proceeds in excess of the above expenses shall
accrue to the Board to be used in its campaign against illegal drugs.
Custody and Disposition of Confiscated, Seized, and/or Surrendered Dangerous Drugs,
Plant Sources of Dangerous Drugs, Controlled Precursors and Essential Chemicals,
Instruments/Paraphernalia and/or Laboratory Equipment. The PDEA shall take charge
and have custody of all dangerous drugs, plant sources of dangerous drugs, controlled
precursors and essential chemicals, as well as instruments/paraphernalia and/or laboratory
equipment so confiscated, seized and/or surrendered, for proper disposition in the following
manner:
(1) The apprehending team having initial custody and control of the drugs shall,
immediately after seizure and confiscation, physically inventory and photograph the
same in the presence of the accused or the person/s from whom such items were
confiscated and/or seized, or his/her representative or counsel, a representative from the
media and the Department of Justice (DOJ), and any elected public official who shall be
required to sign the copies of the inventory and be given a copy thereof;

(2) Within twenty-four (24) hours upon confiscation/seizure of dangerous drugs, plant
sources of dangerous drugs, controlled precursors and essential chemicals, as well as
instruments/paraphernalia and/or laboratory equipment, the same shall be submitted to
the PDEA Forensic Laboratory for a qualitative and quantitative examination;
(3) A certification of the forensic laboratory examination results, which shall be done
under oath by the forensic laboratory examiner, shall be issued within twenty-four (24)
hours after the receipt of the subject item/s: Provided, That when the volume of the
dangerous drugs, plant sources of dangerous drugs, and controlled precursors and
essential chemicals does not allow the completion of testing within the time frame, a
partial laboratory examination report shall be provisionally issued stating therein the
quantities of dangerous drugs still to be examined by the forensic laboratory: Provided,
however, That a final certification shall be issued on the completed forensic laboratory
examination on the same within the next twenty-four (24) hours;
(4) After the filing of the criminal case, the Court shall, within seventy-two (72) hours,
conduct an ocular inspection of the confiscated, seized and/or surrendered dangerous
drugs, plant sources of dangerous drugs, and controlled precursors and essential
chemicals, including the instruments/paraphernalia and/or laboratory equipment, and
through the PDEA shall within twenty-four (24) hours thereafter proceed with the
destruction or burning of the same, in the presence of the accused or the person/s from
whom such items were confiscated and/or seized, or his/her representative or counsel, a
representative from the media and the DOJ, civil society groups and any elected public
official. The Board shall draw up the guidelines on the manner of proper disposition and
destruction of such item/s which shall be borne by the offender: Provided, That those
item/s of lawful commerce, as determined by the Board, shall be donated, used or
recycled for legitimate purposes: Provided, further, That a representative sample, duly
weighed and recorded is retained;
(5) The Board shall then issue a sworn certification as to the fact of destruction or
burning of the subject item/s which, together with the representative sample/s in the
custody of the PDEA, shall be submitted to the court having jurisdiction over the case. In
all instances, the representative sample/s shall be kept to a minimum quantity as
determined by the Board;
(6) The alleged offender or his/her representative or counsel shall be allowed to
personally observe all of the above proceedings and his/her presence shall not
constitute an admission of guilt. In case the said offender or accused refuses or fails to
appoint a representative after due notice in writing to the accused or his/her counsel
within seventy-two (72) hours before the actual burning or destruction of the evidence in
question, the Secretary of Justice shall appoint a member of the public attorney's office
to represent the former;
(7) After the promulgation and judgment in the criminal case wherein the representative
sample/s was presented as evidence in court, the trial prosecutor shall inform the Board
of the final termination of the case and, in turn, shall request the court for leave to turn

over the said representative sample/s to the PDEA for proper disposition and destruction
within twenty-four (24) hours from receipt of the same; and
(8) Transitory Provision: a) Within twenty-four (24) hours from the effectivity of this Act,
dangerous drugs defined herein which are presently in possession of law enforcement
agencies shall, with leave of court, be burned or destroyed, in the presence of
representatives of the Court, DOJ, Department of Health (DOH) and the accused/and or
his/her counsel, and, b) Pending the organization of the PDEA, the custody, disposition,
and burning or destruction of seized/surrendered dangerous drugs provided under this
Section shall be implemented by the DOH.
A buy-bust operation is a form of entrapment that is resorted to for trapping and
capturing felons in the execution of their criminal plan. The operation is sanctioned by law and
has consistently proved to be an effective method of apprehending drug peddlers. Unless there
is clear and convincing evidence that the members of the buy-bust team were inspired by any
improper motive or were not properly performing their duty, their testimonies with respect to the
operation deserve full faith and credit. Verily, here, from the evidence adduced, We find no
reason to depart from the general rule. We are one with the court a quos conclusion that the
prosecution was able to establish that a buy-bust operation actually took place starting from the
time the team composed of nine (9) members proceeded to the target area at 9:00 p.m. for the
initial negotiation until the perfection of the sale at 9:30 p.m. the same night. (People vs Roger
Villanueva; GR 172116, 30 October 2006)
Non-compliance by the apprehending/buy-bust team with Section 21 is not fatal as long
as there is justifiable ground therefor, and as long as the integrity and the evidentiary value of
the confiscated/seized items, are properly preserved by the apprehending officer/team. Its noncompliance will not render an accuseds arrest illegal or the items seized/confiscated from him
inadmissible. What is of utmost importance is the preservation of the integrity and the
evidentiary value of the seized items, as the same would be utilized in the determination of the
guilt or innocence of the accused. In the case under consideration, we find that the integrity and
the evidentiary value of the items involved were safeguarded. The seized/confiscated items
were immediately marked for proper identification. Thereafter, they were forwarded to the Crime
Laboratory for examination. (People vs Alvin Pringas; GR 175928, 31 August 2007)

Plea-Bargaining Provision. Any person charged under any provision of this Act regardless of
the imposable penalty shall not be allowed to avail of the provision on plea-bargaining.
Qualifying Aggravating Circumstances in the Commission of a Crime by an Offender
Under the Influence of Dangerous Drugs. Notwithstanding the provisions of any law to the
contrary, a positive finding for the use of dangerous drugs shall be a qualifying aggravating
circumstance in the commission of a crime by an offender, and the application of the penalty
provided for in the Revised Penal Code shall be applicable.

Attempt or Conspiracy. Any attempt or conspiracy to commit the following unlawful acts shall
be penalized by the same penalty prescribed for the commission of the same as provided under
this Act:
(a) Importation of any dangerous drug and/or controlled precursor and essential
chemical;
(b) Sale, trading, administration, dispensation, delivery, distribution and transportation of
any dangerous drug and/or controlled precursor and essential chemical;
(c) Maintenance of a den, dive or resort where any dangerous drug is used in any form;
(d) Manufacture of any dangerous drug and/or controlled precursor and essential
chemical; and
(e) Cultivation or culture of plants which are sources of dangerous drugs.
Criminal Liability of a Public Officer or Employee for Misappropriation, Misapplication or
Failure to Account for the Confiscated, Seized and/or Surrendered Dangerous Drugs,
Plant Sources of Dangerous Drugs, Controlled Precursors and Essential Chemicals,
Instruments/Paraphernalia and/or Laboratory Equipment Including the Proceeds or
Properties Obtained from the Unlawful Act Committed. The penalty of life imprisonment to
death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos
(P10,000,000.00), in addition to absolute perpetual disqualification from any public office, shall
be imposed upon any public officer or employee who misappropriates, misapplies or fails to
account for confiscated, seized or surrendered dangerous drugs, plant sources of dangerous
drugs, controlled precursors and essential chemicals, instruments/paraphernalia and/or
laboratory equipment including the proceeds or properties obtained from the unlawful acts as
provided for in this Act.
Any elective local or national official found to have benefited from the proceeds of the trafficking
of dangerous drugs as prescribed in this Act, or have received any financial or material
contributions or donations from natural or juridical persons found guilty of trafficking dangerous
drugs as prescribed in this Act, shall be removed from office and perpetually disqualified from
holding any elective or appointive positions in the government, its divisions, subdivisions, and
intermediaries, including government-owned or controlled corporations.
Criminal Liability of Government Officials and Employees. The maximum penalties of the
unlawful acts provided for in this Act shall be imposed, in addition to absolute perpetual
disqualification from any public office, if those found guilty of such unlawful acts are government
officials and employees.
Criminal Liability for Planting of Evidence. Any person who is found guilty of "planting" any
dangerous drug and/or controlled precursor and essential chemical, regardless of quantity and
purity, shall suffer the penalty of death.

Criminal Liability of Officers of Partnerships, Corporations, Associations or Other


Juridical Entities. In case any violation of this Act is committed by a partnership, corporation,
association or any juridical entity, the partner, president, director, manager, trustee, estate
administrator, or officer who consents to or knowingly tolerates such violation shall be held
criminally liable as a co-principal.
The penalty provided for the offense under this Act shall be imposed upon the partner,
president, director, manager, trustee, estate administrator, or officer who knowingly authorizes,
tolerates or consents to the use of a vehicle, vessel, aircraft, equipment or other facility, as an
instrument in the importation, sale, trading, administration, dispensation, delivery, distribution,
transportation or manufacture of dangerous drugs, or chemical diversion, if such vehicle, vessel,
aircraft, equipment or other instrument is owned by or under the control or supervision of the
partnership, corporation, association or juridical entity to which they are affiliated.
Additional Penalty if Offender is an Alien. In addition to the penalties prescribed in the
unlawful act committed, any alien who violates such provisions of this Act shall, after service of
sentence, be deported immediately without further proceedings, unless the penalty is death.
Liability to a Person Violating Any Regulation Issued by the Board. The penalty of
imprisonment ranging from six (6) months and one (1) day to four (4) years and a fine ranging
from Ten thousand pesos (P10,000.00) to Fifty thousand pesos (P50,000.00) shall be imposed
upon any person found violating any regulation duly issued by the Board pursuant to this Act, in
addition to the administrative sanctions imposed by the Board.
Immunity from Prosecution and Punishment. , any person who has violated this Act, who
voluntarily gives information as well as any violation of the offenses mentioned if committed by a
drug syndicate, or any information leading to the whereabouts, identities and arrest of all or any
of the members thereof; and who willingly testifies against such persons as described above,
shall be exempted from prosecution or punishment for the offense with reference to which
his/her information of testimony were given, and may plead or prove the giving of such
information and testimony in bar of such prosecution: Provided, That the following conditions
concur: (1) The information and testimony are necessary for the conviction of the persons
described above; (2) Such information and testimony are not yet in the possession of the State;
(3) Such information and testimony can be corroborated on its material points; (4) the informant
or witness has not been previously convicted of a crime involving moral turpitude, except when
there is no other direct evidence available for the State other than the information and testimony
of said informant or witness; and (5) The informant or witness shall strictly and faithfully comply
without delay, any condition or undertaking, reduced into writing, lawfully imposed by the State
as further consideration for the grant of immunity from prosecution and punishment. Provided,
further, That this immunity may be enjoyed by such informant or witness who does not appear
to be most guilty for the offense with reference to which his/her information or testimony were
given: Provided, finally, That there is no direct evidence available for the State except for
the information and testimony of the said informant or witness.

VII.

P.D. No. 1829 PENALIZING OBSTRUCTION


PROSECUTION OF CRIMINAL OFFENDERS

OF

APPREHENSION

AND

Section 1. The penalty of prision correccional in its maximum period, or a fine ranging from
1,000 to 6,000 pesos, or both, shall be imposed upon any person who knowingly or willfully
obstructs, impedes, frustrates or delays the apprehension of suspects and the investigation and
prosecution of criminal cases by committing any of the following acts:

(a) preventing witnesses from testifying in any criminal proceeding or from reporting the
commission of any offense or the identity of any offender/s by means of bribery,
misrepresentation, deceit, intimidation, force or threats;
(b) altering, destroying, suppressing or concealing any paper, record, document, or
object, with intent to impair its verity, authenticity, legibility, availability, or admissibility as
evidence in any investigation of or official proceedings in, criminal cases, or to be used
in the investigation of, or official proceedings in, criminal cases;
(c) harboring or concealing, or facilitating the escape of, any person he knows, or has
reasonable ground to believe or suspect, has committed any offense under existing
penal laws in order to prevent his arrest prosecution and conviction;
(d) publicly using a fictitious name for the purpose of concealing a crime, evading
prosecution or the execution of a judgment, or concealing his true name and other
personal circumstances for the same purpose or purposes;
(e) delaying the prosecution of criminal cases by obstructing the service of process or
court orders or disturbing proceedings in the fiscal's offices, in Tanodbayan, or in the
courts;
(f) making, presenting or using any record, document, paper or object with knowledge of
its falsity and with intent to affect the course or outcome of the investigation of, or official
proceedings in, criminal cases;
(g) soliciting, accepting, or agreeing to accept any benefit in consideration of abstaining
from, discounting, or impeding the prosecution of a criminal offender;
(h) threatening directly or indirectly another with the infliction of any wrong upon his
person, honor or property or that of any immediate member or members of his family in
order to prevent such person from appearing in the investigation of, or official
proceedings in, criminal cases, or imposing a condition, whether lawful or unlawful, in
order to prevent a person from appearing in the investigation of or in official proceedings
in, criminal cases;
(i) giving of false or fabricated information to mislead or prevent the law enforcement
agencies from apprehending the offender or from protecting the life or property of the
victim; or fabricating information from the data gathered in confidence by investigating
authorities for purposes of background information and not for publication and publishing
or disseminating the same to mislead the investigator or to the court.
If any of the acts mentioned herein is penalized by any other law with a higher penalty, the
higher penalty shall be imposed.
Section 2. If any of the foregoing acts is committed by a public official or employee, he shall in
addition to the penalties provided thereunder, suffer perpetual disqualification from holding
public office.

VIII.

Act No. 4103 INDETERMINATE SENTENCE LAW

This Act shall not apply to persons convicted of offenses punished with death penalty or lifeimprisonment; to those convicted of treason, conspiracy or proposal to commit treason; to those
convicted of misprision of treason, rebellion, sedition or espionage; to those convicted of piracy;
to those who are habitual delinquents; to those who have escaped from confinement or evaded
sentence; to those who having been granted conditional pardon by the Chief Executive shall
have violated the terms thereof; to those whose maximum term of imprisonment does not
exceed one year, not to those already sentenced by final judgment at the time of approval of this
Act, except as provided in Section 5 hereof.
Every prisoner released from confinement on parole by virtue of this Act shall, at such times and
in such manner as may be required by the conditions of his parole, as may be designated by the
said Board for such purpose, report personally to such government officials or other parole
officers hereafter appointed by the Board of Indeterminate Sentence for a period of surveillance
equivalent to the remaining portion of the maximum sentence imposed upon him or until final
release and discharge by the Board of Indeterminate Sentence as herein provided. The officials
so designated shall keep such records and make such reports and perform such other duties
hereunder as may be required by said Board. The limits of residence of such paroled prisoner
during his parole may be fixed and from time to time changed by the said Board in its discretion.
If during the period of surveillance such paroled prisoner shall show himself to be a law-abiding
citizen and shall not violate any of the laws of the Philippine Islands, the Board of Indeterminate
Sentence may issue a final certificate of release in his favor, which shall entitle him to final
release and discharge.
Whenever any prisoner released on parole by virtue of this Act shall, during the period of
surveillance, violate any of the conditions of his parole, the Board of Indeterminate Sentence
may issue an order for his re-arrest which may be served in any part of the Philippine Islands by
any police officer. In such case the prisoner so re-arrested shall serve the remaining unexpired
portion of the maximum sentence for which he was originally committed to prison, unless the
Board of Indeterminate Sentence shall, in its discretion, grant a new parole to the said prisoner.

IX.

R.A. 10707- PROBATION LAW

Grant of Probation. Subject to the provisions of this Decree, the trial court may, after it shall
have convicted and sentenced a defendant for a probationable penalty and upon application by
said defendant within the period for perfecting an appeal, suspend the execution of the
sentence and place the defendant on probation for such period and upon such terms and
conditions as it may deem best. No application for probation shall be entertained or granted if
the defendant has perfected the appeal from the judgment of conviction: Provided, That when a
judgment of conviction imposing a non-probationable penalty is appealed or reviewed, and such
judgment is modified through the imposition of a probationable penalty, the defendant shall be
allowed to apply for probation based on the modified decision before such decision becomes
final. The application for probation based on the modified decision shall be filed in the trial court
where the judgment of conviction imposing a non-probationable penalty was rendered, or in the
trial court where such case has since been re-raffled. In a case involving several defendants
where some have taken further appeal, the other defendants may apply for probation by
submitting a written application and attaching thereto a certified true copy of the judgment of
conviction.
The trial court shall, upon receipt of the application filed, suspend the execution of the sentence
imposed in the judgment.
This notwithstanding, the accused shall lose the benefit of probation should he seek a review of
the modified decision which already imposes a probationable penalty.
Probation may be granted whether the sentence imposes a term of imprisonment or a fine only.
The filing of the application shall be deemed a waiver of the right to appeal.
An order granting or denying probation shall not be appealable.
Disqualified Offenders. The benefits of this Decree shall not be extended to those:
a. sentenced to serve a maximum term of imprisonment of more than six (6) years;
b. convicted of any crime against the national security;
c. who have previously been convicted by final judgment of an offense punished by
imprisonment of more than six (6) months and one (1) day and/or a fine of more than one
thousand pesos (P1,000.00);
d. who have been once on probation under the provisions of this Decree; and
e. who are already serving sentence at the time the substantive provisions of this Decree
became applicable pursuant to Section 33 hereof.
:Termination of Probation. After the period of probation and upon consideration of the
report and recommendation of the probation officer, the court may order the final discharge of
the probationer upon finding that he has fulfilled the terms and conditions of his probation and
thereupon the case is deemed terminated.

The final discharge of the probationer shall operate to restore to him all civil rights lost or
suspended as a result of his conviction and to totally extinguish his criminal liability as to the
offense for which probation was granted.
The probationer and the probation officer shall each be furnished with a copy of such order.

X.

R.A. No. 6235 PROHIBITING CERTAIN ACTS INIMICAL TO CIVIL AVIATION, AND
FOR OTHER PURPOSES.

It shall be unlawful for any person to compel a change in the course or destination of an aircraft
of Philippine registry, or to seize or usurp the control thereof, while it is in flight. An aircraft is in
flight from the moment all its external doors are closed following embarkation until any of such
doors is opened for disembarkation.
It shall likewise be unlawful for any person to compel an aircraft of foreign registry to land in
Philippine territory or to seize or usurp the control thereof while it is within the said territory.
Any person violating any provision of the foregoing section shall be punished by an
imprisonment of not less than twelve years but not more than twenty years, or by a fine of not
less than twenty thousand pesos but not more than forty thousand pesos.
The penalty of imprisonment of fifteen years to death, or a fine of not less than twenty-five
thousand pesos but not more than fifty thousand pesos shall be imposed upon any person
committing such violation under any of the following circumstances:
1. Whenever he has fired upon the pilot, member of the crew or passenger of the
aircraft;
2. Whenever he has exploded or attempted to explode any bomb or explosive to destroy
the aircraft; or
3. Whenever the crime is accompanied by murder, homicide, serious physical injuries or
rape.
It shall be unlawful for any person, natural or juridical, to ship, load or carry in any passenger
aircraft operating as a public utility within the Philippines, and explosive, flammable, corrosive or
poisonous substance or material.
The shipping, loading or carrying of any substance or material mentioned in the preceding
section in any cargo aircraft operating as a public utility within the Philippines shall be in
accordance with regulations issued by the Civil Aeronautics Administration.
Any violation hereof shall be punishable by an imprisonment of at least five years but not more
than ten years or by a fine of not less than ten thousand pesos but not more than twenty
thousand pesos:Provided, That if the violation is committed by a juridical person, the penalty
shall be imposed upon the manager, representative, director, agent or employee who violated,
or caused, directed, cooperated or participated in the violation thereof: Provided, further, That in
case the violation is committed in the interest of a foreign corporation legally doing business in
the Philippines, the penalty shall be imposed upon its resident agent, manager, representative
or director responsible for such violation and in addition thereto, the license of said corporation
to do business in the Philippines shall be revoked.

For any death or injury to persons or damage to property resulting from a violation hereof, the
person responsible therefor may be held liable in accordance with the applicable provisions of
the Revised Penal Code.
Aircraft companies which operate as public utilities or operators of aircraft which are for hire are
authorized to open and investigate suspicious packages and cargoes in the presence of the
owner or shipper, or his authorized representatives if present; in order to help the authorities in
the enforcement of the provisions of this Act:Provided, That if the owner, shipper or his
representative refuses to have the same opened and inspected, the airline or air carrier is
authorized to refuse the loading thereof.
Every ticket issued to a passenger by the airline or air carrier concerned shall contain among
others the following condition printed thereon: "Holder hereof and his hand-carried luggage(s)
are subject to search for, and seizure of, prohibited materials or substances. Holder refusing to
be searched shall not be allowed to board the aircraft," which shall constitute a part of the
contract between the passenger and the air carrier.
Who are Criminally Liable. - Any person who actually participated Or induced another in the
commission of torture or other cruel, inhuman and degrading treatment or punishment or who
cooperated in the execution of the act of torture or other cruel, inhuman and degrading
treatment or punishment by previous or simultaneous acts shall be liable as principal
Any superior military, police or law enforcement officer or senior government official who issued
an order to any lower ranking personnel to commit torture for whatever purpose shall be held
equally liable as principals.
The immediate commanding officer of the unit concerned of the AFP or the immediate senior
public official of the PNP and other law enforcement agencies shall be held liable as a principal
to the crime of torture or other cruel or inhuman and degrading treatment or punishment for any
act or omission, or negligence committed by him/her that shall have led, assisted, abetted or
allowed, whether directly or indirectly, the commission thereof by his/her subordinates. If he/she
has knowledge of or, owing to the circumstances at the time, should have known that acts of
torture or other cruel, inhuman and degrading treatment or punishment shall be committed, is
being committed, or has been committed by his/her subordinates or by others within his/her
area of responsibility and, despite such knowledge, did not take preventive or corrective action
either before, during or immediately after its commission, when he/she has the authority to
prevent or investigate allegations of torture or other cruel, inhuman and degrading treatment or
punishment but failed to prevent or investigate allegations of such act, whether deliberately or
due to negligence shall also be liable as principals.
Any public officer or employee shall be liable as an accessory if he/she has knowledge that
torture or other cruel, inhuman and degrading treatment or punishment is being committed and
without having participated therein, either as principal or accomplice, takes part subsequent to
its commission in any of the following manner:
(a) By themselves profiting from or assisting the offender to profit from the effects of the
act of torture or other cruel, inhuman and degrading treatment or punishment;

(b) By concealing the act of torture or other cruel, inhuman and degrading treatment or
punishment and/or destroying the effects or instruments thereof in order to prevent its
discovery; or(c) By harboring, concealing or assisting m the escape of the principal/s in
the act of torture or other cruel, inhuman and degrading treatment or punishment:
Provided, That the accessory acts are done with the abuse of the official's public
functions.
Penalties. - (a) The penalty of reclusion perpetua shall be imposed upon the perpetrators of the
following acts:
(1) Torture resulting in the death of any person;
(2) Torture resulting in mutilation;
(3) Torture with rape;
(4) Torture with other forms of sexual abuse and, in consequence of torture, the
victim shall have become insane, imbecile, impotent, blind or maimed for life; and
(5) Torture committed against children.
(b) The penalty of reclusion temporal shall be imposed on those who commit any act of
mental/psychological torture resulting in insanity, complete or partial amnesia, fear of
becoming insane or suicidal tendencies of the victim due to guilt, worthlessness or
shame.
(c) The penalty of prision correccional shall be imposed on those who commit any act of
torture resulting in psychological, mental and emotional harm other than those described
1n paragraph (b) of this section. '
(d) The penalty of prision mayor in its medium and maximum periods shall be imposed if,
in consequence of torture, the victim shall have lost the power of speech or the power to
hear or to smell; or shall have lost an eye, a hand, a foot, an arm or a leg; or shall have
lost the use of any such member; Or shall have become permanently incapacitated for
labor.
(e) The penalty of prision mayor in its minimum and medium periods shall be imposed if,
in consequence of torture, the victim shall have become deformed or shall have lost any
part of his/her body other than those aforecited, or shall have lost the use thereof, or
shall have been ill or incapacitated for labor for a period of more than ninety (90) days.
(f) The penalty of prision correccional in its maximum period to prision mayor in its
minimum period shall be imposed if, in consequence of torture, the victim shall have
been ill or incapacitated for labor for mare than thirty (30) days but not more than ninety
(90) days.

(g) The penalty of prision correccional in its minimum and medium period shall be
imposed if, in consequence of torture, the victim shall have been ill or incapacitated for
labor for thirty (30) days or less.
(h) The penalty of arresto mayor shall be imposed for acts constituting cruel, inhuman or
degrading treatment or punishment as defined in Section 5 of this Act.
(i) The penalty of prision correccional shall be imposed upon those who establish,
operate and maintain secret detention places and/or effect or cause to effect solitary
confinement, incommunicado or other similar forms of prohibited detention as provided
in Section 7 of this Act where torture may be carried out with impunity.
(j) The penalty of arresto mayor shall be imposed upon the responsible officers or
personnel of the AFP, the PNP and other law enforcement agencies for failure to perform
his/her duty to maintain, submit or make available to the public an updated list of
detention centers and facilities with the corresponding data on the prisoners or detainees
incarcerated or detained therein, pursuant to Section 7 of this Act.
Torture as a Separate and Independent Crime. - Torture as a crime shall not absorb or shall
not be absorbed by any other crime or felony committed as a consequence, or as a means in
the conduct or commission thereof. In which case, torture shall be treated as a separate and
independent criminal act whose penalties shall be imposable without prejudice to any other
criminal liability provided for by domestic and international laws.
Exclusion from the Coverage of Special Amnesty Law. - In order not to depreciate the crime
of torture, persons who have committed any act of torture shall not benefit from any special
amnesty law or similar measures that will have the effect of exempting them from any criminal
proceedings and sanctions.

XI.

R.A. No. 9372 HUMAN SECURITY ACT

Terrorism.- Any person who commits an act punishable under any of the following provisions of
the Revised Penal Code:
a. Article 122 (Piracy in General and Mutiny in the High Seas or in the Philippine
Waters);
b. Article 134 (Rebellion or Insurrection);
c. Article 134-a (Coup d' Etat), including acts committed by private persons;
d. Article 248 (Murder);
e. Article 267 (Kidnapping and Serious Illegal Detention);
f. Article 324 (Crimes Involving Destruction), or under
1. Presidential Decree No. 1613 (The Law on Arson);
2. Republic Act No. 6969 (Toxic Substances and Hazardous and Nuclear Waste
Control Act of 1990);
3. Republic Act No. 5207, (Atomic Energy Regulatory and Liability Act of 1968);
4. Republic Act No. 6235 (Anti-Hijacking Law);
5. Presidential Decree No. 532 (Anti-Piracy and Anti-Highway Robbery Law of
1974); and,
6. Presidential Decree No. 1866, as amended (Decree Codifying the Laws on
Illegal and Unlawful Possession, Manufacture, Dealing in, Acquisition or
Disposition of Firearms, Ammunitions or Explosives)

thereby sowing and creating a condition of widespread and extraordinary fear and panic among
the populace, in order to coerce the government to give in to an unlawful demand shall be guilty
of the crime of terrorism and shall suffer the penalty of forty (40) years of imprisonment, without
the benefit of parole as provided for under Act No. 4103, otherwise known as the Indeterminate
Sentence Law, as amended.
Conspiracy to Commit Terrorism. - Persons who conspire to commit the crime of terrorism
shall suffer the penalty of forty (40) years of imprisonment.
There is conspiracy when two or more persons come to an agreement concerning the
commission of the crime of terrorism as defined in Section 3 hereof and decide to commit the
same.
Accomplice. - Any person who, not being a principal under Article 17 of the Revised Penal
Code or a conspirator as defined in Section 4 hereof, cooperates in the execution of either the
crime of terrorism or conspiracy to commit terrorism by previous or simultaneous acts shall
suffer the penalty of from seventeen (17) years, four months one day to twenty (20) years of
imprisonment.
Accessory. - Any person who, having knowledge of the commission of the crime of terrorism or
conspiracy to commit terrorism, and without having participated therein, either as principal or
accomplice under Articles 17 and 18 of the Revised Penal Code, takes part subsequent to its
commission in any of the following manner: (a) by profiting himself or assisting the offender to
profit by the effects of the crime; (b) by concealing or destroying the body of the crime, or the
effects, or instruments thereof, in order to prevent its discovery; (c) by harboring, concealing, or
assisting in the escape of the principal or conspirator of the crime, shall suffer the penalty of ten
(10) years and one day to twelve (12) years of imprisonment.
Notwithstanding the above paragraph, the penalties prescribed for accessories shall not be
imposed upon those who are such with respect to their spouses, ascendants, descendants,
legitimate, natural, and adopted brothers and sisters, or relatives by affinity within the same
degrees, with the single exception of accessories falling within the provisions of subparagraph
(a).
Surveillance of Suspects and Interception and Recording of Communications. -The
provisions of Republic Act No. 4200 (Anti-Wire Tapping Law) to the contrary notwithstanding, a
police or law enforcement official and the members of his team may, upon a written order of the
Court of Appeals, listen to, intercept and record, with the use of any mode, form, kind or type of
electronic or other surveillance equipment or intercepting and tracking devices, or with the use
of any other suitable ways and means for that purpose, any communication, message,
conversation, discussion, or spoken or written words between members of a judicially declared
and outlawed terrorist organization, association, or group of persons or of any person charged
with or suspected of the crime of terrorism or conspiracy to commit terrorism.
Provided, That surveillance, interception and recording of communications between lawyers and
clients, doctors and patients, journalists and their sources and confidential business
correspondence shall not be authorized.

XII.

R.A. No. 745 TORTURE AND OTHER CRUEL, INHUMAN AND DEGRADING
TREATMENT
(a) "Torture" refers to an act by which severe pain or suffering, whether physical or
mental, is intentionally inflicted on a person for such purposes as obtaining from him/her
or a third person information or a confession; punishing him/her for an act he/she or a
third person has committed or is suspected of having committed; or intimidating or
coercing him/her or a third person; or for any reason based on discrimination of any kind,
when such pain or suffering is inflicted by or at the instigation of or with the consent or
acquiescence of a person in authority or agent of a person in authority. It does not
include pain or Buffering arising only from, inherent in or incidental to lawful sanctions.
(b) "Other cruel, inhuman and degrading treatment or punishment" refers to a
deliberate and aggravated treatment or punishment not enumerated under Section 4 of
this Act, inflicted by a person in authority or agent of a person in authority against a
person under his/her custody, which attains a level of severity causing suffering, gross
humiliation or debasement to the latter.

Acts of Torture. (a) Physical torture is a form of treatment or punishment inflicted by a person in
authority or agent of a person in authority upon another in his/her custody that causes
severe pain, exhaustion, disability or dysfunction of one or more parts of the body, such
as:

(1) Systematic beating, headbanging, punching, kicking, striking with truncheon


or rifle butt or other similar objects, and jumping on the stomach;
(2) Food deprivation or forcible feeding with spoiled food, animal or human
excreta and other stuff or substances not normally eaten;
(3) Electric shock;
(4) Cigarette burning; burning by electrically heated rods, hot oil, acid; by the
rubbing of pepper or other chemical substances on mucous membranes, or acids
or spices directly on the wound(s);
(5) The submersion of the head in water or water polluted with excrement, urine,
vomit and/or blood until the brink of suffocation;
(6) Being tied or forced to assume fixed and stressful bodily position;
(7) Rape and sexual abuse, including the insertion of foreign objects into the sex
organ or rectum, or electrical torture of the genitals;
(8) Mutilation or amputation of the essential parts of the body such as the
genitalia, ear, tongue, etc.;
(9) Dental torture or the forced extraction of the teeth;
(10) Pulling out of fingernails;
(11) Harmful exposure to the elements such as sunlight and extreme cold;
(12) The use of plastic bag and other materials placed over the head to the point
of asphyxiation;
(13) The use of psychoactive drugs to change the perception, memory. alertness
or will of a person, such as:
(i) The administration or drugs to induce confession and/or reduce mental
competency; or
(ii) The use of drugs to induce extreme pain or certain symptoms of a disease;
and
(14) Other analogous acts of physical torture; and
(b) "Mental/Psychological Torture" refers to acts committed by a person in authority or
agent of a person in authority which are calculated to affect or confuse the mind and/or
undermine a person's dignity and morale, such as:

(1) Blindfolding;
(2) Threatening a person(s) or his/fher relative(s) with bodily harm, execution or
other wrongful acts;
(3) Confinement in solitary cells or secret detention places;
(4) Prolonged interrogation;
(5) Preparing a prisoner for a "show trial", public display or public humiliation of a
detainee or prisoner;
(6) Causing unscheduled transfer of a person deprived of liberty from one place
to another, creating the belief that he/she shall be summarily executed;
(7) Maltreating a member/s of a person's family;
(8) Causing the torture sessions to be witnessed by the person's family, relatives
or any third party;
(9) Denial of sleep/rest;
(10) Shame infliction such as stripping the person naked, parading him/her in
public places, shaving the victim's head or putting marks on his/her body against
his/her will;
(11) Deliberately prohibiting the victim to communicate with any member of
his/her family; and
(12) Other analogous acts of mental/psychological torture.
Other Cruel, Inhuman and Degrading Treatment or Punishment. - Other cruel, inhuman or
degrading treatment or punishment refers to a deliberate and aggravated treatment or
punishment not enumerated under Section 4 of this Act, inflicted by a person in authority or
agent of a person in authority against another person in custody, which attains a level of severity
sufficient to cause suffering, gross humiliation or debasement to the latter. The assessment of
the level of severity shall depend on all the circumstances of the case, including the duration of
the treatment or punishment, its physical and mental effects and, in some cases, the sex,
religion, age and state of health of the victim.

XIII.

R.A. 9194 THE "ANTI-MONEY LAUNDERING ACT OF 2001"


'Covered transaction' is a transaction in cash or other equivalent monetary instrument
involving a total amount in excess of Five hundred thousand pesos (PhP 500,000.00)
within one (1) banking day.
'Suspicious transaction' are transactions with covered institutions, regardless of the
amounts involved, where any of the following circumstances exist:
1. there is no underlying legal or trade obligation, purpose or economic justification;
2. the client is not properly identified;
3. the amount involved is not commensurate with the business or financial capacity of
the client;
4. taking into account all known circumstances, it may be perceived that the client's
transaction is structured in order to avoid being the subject of reporting requirements
under the Act;
5. any circumstances relating to the transaction which is observed to deviate from the
profile of the client and/or the client's past transactions with the covered institution;

6. the transactions is in a way related to an unlawful activity or offense under this Act that
is about to be, is being or has been committed; or
7. any transactions that is similar or analogous to any of the foregoing."
'Unlawful activity' refers to any act or omission or series or combination thereof
involving or having direct relation to following:
Kidnapping for ransom
The Comprehensive Dangerous Act of 2002;
The Anti-Graft and Corrupt Practices Act;
Plunder
Robbery and extortion Jueteng and Masiao
Piracy on the high seas Qualified theft Swindling
Smuggling under Republic Act Nos. 455 and 1937;
Hijacking and other violations under Republic Act No. 6235; destructive arson and
murder, as defined under the Revised Penal Code, as amended, including those
perpetrated by terrorists against non-combatant persons and similar targets;
Money Laundering Offense. -- Money laundering is a crime whereby the proceeds of
an unlawful activity as herein defined are transacted, theeby making them appear to
have originated from legitimate sources. It is committed by the following:
(a) Any person knowing that any monetary instrument or property represents, involves,
or relates to, the proceeds of any unlawful activity, transacts or attempts to transacts
said monetary instrument or property.
(b) Any person knowing that any monetary instrument or property involves the proceeds
of any unlawful activity, performs or fails to perform any act as a result of which he
falicitates the offense of money laundering referred to in paragraph (a) above.
(c) Any person knowing that any monetary instrument or property is required under this
Act to be disclosed and filed with the Anti-Money Laundering Council (AMLC), fails to do
so."

XIV.

R.A. No. 9287 ILLEGAL NUMBERS GAMES


Illegal Numbers Game. - Any form illegal gambling activity which uses numbers or
combinations thereof as factors in giving out jackpots.
Last Two. - An illegal numbers game where the winning combination is derived from the
last two (2) numbers of the first prize of the winning Sweepstakes ticket which comes out
during the weekly draw of the Philippine Charity Sweepstakes Office (PCSO), and its
variants.
Personnel or Staff of Illegal Numbers Game Operation. - Any person, who acts in the
interest of the maintainer, manager or operator, such as, but not limited to, an
accountant, cashier, checker, guard, runner, table manager, usher, watcher, or any other
personnel performing such similar functions in a building structure, vessel, vehicle, or
any other place where an illegal numbers game is operated or conducted.

Punishable Acts.

1. The penalty of imprisonment from thirty (30) days to ninety (90) days, if such
person acts as a bettor;
Bettor ("Mananaya", "Tayador" or variants thereof). - Any person who places
bets for himself/herself or in behalf of another person, or any person, other than the
personnel or staff of any illegal numbers game operation.

2. The penalty of imprisonment from six (6) years and one (1) day to eight (8) years,
if such person acts as a personnel or staff of an illegal numbers game operation;
3. The same penalty shall likewise be imposed to any person who allows his
vehicle, house, building or land to be used in the operation of the illegal numbers
games.

4. The penalty of imprisonment from eight (8) years and one (1) day to ten (10)
years, if such person acts as a collector or agent;
Collector or Agent ("Cabo", "Cobrador", "Coriador" or variants thereof). Any person who collects, solicits or produces bets in behalf of his/her principal
for
any illegal numbers game who is usually in possession of gambling
paraphernalia.
5.The penalty of imprisonment from ten (10) years and one (1) day to twelve (12)
years, if such person acts as a coordinator, controller or supervisor;
Coordinator, Controller or Supervisor ("Encargado" or variants thereof). Any
person who exercises control and supervision over the collector or agent.

5. The penalty of imprisonment from twelve (12) years and one (1) day to ten (10)
fourteen (14) years, if such person acts as a maintainer, manager or operator;
and
Maintainer, Manager or Operator. - Any person who maintains, manages or
operates any illegal number game in a specific area from whom the coordinator,
controller or supervisor, and collector or agent take orders.
6.

The penalty of imprisonment from fourteen (14) years and one (1) day to sixteen
(16) years, if such person acts as a financier or capitalist;
Financiers or Capitalist. - Any person who finances the operations of any illegal
numbers game.

7.

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

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


receives
benefits in any manner in the operation of any illegal numbers game.
Possession of Gambling Paraphernalia or Materials. - The possession of any gambling
paraphernalia and other materials used in the illegal numbers game operation shall be deemed
prima facie evidence of any offense covered by this Act.
Liability of Government Employees and/or Public Officials. - a) If the collector, agent,
coordinator, controller, supervisor, maintainer, manager, operator, financier or capitalist of any
illegal numbers game is a government employee and/or public official, whether elected or
appointed shall suffer the penalty of twelve (12) years and one (1) day to twenty (20) years and
a fine ranging from Three million pesos (P3,000,000.00) to Five million pesos (P5,000,000.00)
and perpetual absolute disqualification from public office.
In addition to the penalty provided in the immediately preceding section, the accessory penalty
of perpetual disqualification from public office shall be imposed upon any local government
official who, having knowledge of the existence of the operation of any illegal numbers game in
his/her jurisdiction, fails to abate or to take action, or tolerates the same in connection therewith.
)In the case of failure to apprehend perpetrators of any illegal numbers game, any law enforcer
shall suffer an administrative penalty of suspension or dismissal, as the case may be, to be
imposed by the appropriate authority.
Liability of Parents/Guardians. - The penalty of imprisonment from six (6) months and one (1)
day to one (1) year or fine ranging from One hundred thousand pesos (P100,000.00) to Four
hundred thousand pesos (P400,000.00) shall be imposed upon any parent, guardian or person
exercising moral authority or ascendancy over a minor, ward or incapacitated person, and not
otherwise falling under any of the foregoing subsections, who induces or causes such minor,
ward or incapacitated person to commit any of the offenses punishable in this Act. Upon
conviction, the parent, guardian or person exercising moral authority or ascendancy over the
minor, ward or incapacitated person shall be deprived of his/her authority over such person in
addition to the penalty imposed.
Recidivism. - The penalty next higher in degree as provided for under Section 3 hereof shall be
imposed upon a recidivist who commits any of the offenses punishable in this Act.
Immunity from Prosecution. - Any person who serves as a witness for the government or
provides evidence in a criminal case involving any violation of this Act, or who voluntarily or by
virtue of a subpoena testificandum or duces tecum, produces, identifies, or gives testimony shall
be immune from any criminal prosecution, subject to the compliance with the provisions of
Presidential Decree No. 1732, otherwise known as Decree Providing Immunity from Criminal
Prosecution to Government Witnesses and the pertinent provisions of the Rules of Court.

XV.

R.A. No. 9208 TRAFFICKING IN PERSONS


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.
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.
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.
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.
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.
Acts of Trafficking in Persons.
(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.
Acts that Promote Trafficking in Persons. (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.
Qualified Trafficking in Persons. -:
(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).
Penalties and Sanctions. (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.
Use of Trafficked Persons. (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).
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.

XVI.

R.A. No. 3019 ANTI-GRAFT AND CORRUPT PRACTICES ACT


"Public officer" includes elective and appointive officials and employees, permanent or
temporary, whether in the classified or unclassified or exempt service receiving
compensation, even nominal, from the government as defined in the preceding
subparagraph.
"Receiving any gift" includes the act of accepting directly or indirectly a gift from a
person other than a member of the public officer's immediate family, in behalf of himself
or of any member of his family or relative within the fourth civil degree, either by
consanguinity or affinity, even on the occasion of a family celebration or national festivity
like Christmas, if the value of the gift is under the circumstances manifestly excessive.
"Person" includes natural and juridical persons, unless the context indicates otherwise.

Corrupt practices of public officers


(a) Persuading, inducing or influencing another public officer to perform an act
constituting a violation of rules and regulations duly promulgated by competent authority
or an offense in connection with the official duties of the latter, or allowing himself to be
persuaded, induced, or influenced to commit such violation or offense.
(b) Directly or indirectly requesting or receiving any gift, present, share, percentage, or
benefit, for himself or for any other person, in connection with any contract or transaction
between the Government and any other part, wherein the public officer in his official
capacity has to intervene under the law.
(c) Directly or indirectly requesting or receiving any gift, present or other pecuniary or
material benefit, for himself or for another, from any person for whom the public officer, in
any manner or capacity, has secured or obtained, or will secure or obtain, any
Government permit or license, in consideration for the help given or to be given, without
prejudice to Section thirteen of this Act.
(d) Accepting or having any member of his family accept employment in a private
enterprise which has pending official business with him during the pendency thereof or
within one year after its termination.
(e) Causing any undue injury to any party, including the Government, or giving any
private party any unwarranted benefits, advantage or preference in the discharge of his
official administrative or judicial functions through manifest partiality, evident bad faith or
gross inexcusable negligence. This provision shall apply to officers and employees of
offices or government corporations charged with the grant of licenses or permits or other
concessions.

(f) Neglecting or refusing, after due demand or request, without sufficient justification, to
act within a reasonable time on any matter pending before him for the purpose of
obtaining, directly or indirectly, from any person interested in the matter some pecuniary
or material benefit or advantage, or for the purpose of favoring his own interest or giving
undue advantage in favor of or discriminating against any other interested party.
(g) Entering, on behalf of the Government, into any contract or transaction manifestly
and grossly disadvantageous to the same, whether or not the public officer profited or
will profit thereby.
(h) Director or indirectly having financing or pecuniary interest in any business, contract
or transaction in connection with which he intervenes or takes part in his official capacity,
or in which he is prohibited by the Constitution or by any law from having any interest.
(i) Directly or indirectly becoming interested, for personal gain, or having a material
interest in any transaction or act requiring the approval of a board, panel or group of
which he is a member, and which exercises discretion in such approval, even if he votes
against the same or does not participate in the action of the board, committee, panel or
group.
Interest for personal gain shall be presumed against those public officers responsible for
the approval of manifestly unlawful, inequitable, or irregular transaction or acts by the
board, panel or group to which they belong.
(j) Knowingly approving or granting any license, permit, privilege or benefit in favor of
any person not qualified for or not legally entitled to such license, permit, privilege or
advantage, or of a mere representative or dummy of one who is not so qualified or
entitled.
(k) Divulging valuable information of a confidential character, acquired by his office or by
him on account of his official position to unauthorized persons, or releasing such
information in advance of its authorized release date.
The person giving the gift, present, share, percentage or benefit referred to in subparagraphs
(b) and (c); or offering or giving to the public officer the employment mentioned in subparagraph
(d); or urging the divulging or untimely release of the confidential information referred to in
subparagraph (k) of this section shall, together with the offending public officer, be punished
under Section nine of this Act and shall be permanently or temporarily disqualified in the
discretion of the Court, from transacting business in any form with the Government.
Prohibition on private individuals. (a) It shall be unlawful for any person having family or
close personal relation with any public official to capitalize or exploit or take advantage of such
family or close personal relation by directly or indirectly requesting or receiving any present, gift
or material or pecuniary advantage from any other person having some business, transaction,
application, request or contract with the government, in which such public official has to
intervene. Family relation shall include the spouse or relatives by consanguinity or affinity in the
third civil degree. The word "close personal relation" shall include close personal friendship,

social and fraternal connections, and professional employment all giving rise to intimacy which
assures free access to such public officer. (b) It shall be unlawful for any person knowingly to
induce or cause any public official to commit any of the offenses defined in Section 3 hereof.
Prohibition on certain relatives. It shall be unlawful for the spouse or for any relative, by
consanguinity or affinity, within the third civil degree, of the President of the Philippines, the
Vice-President of the Philippines, the President of the Senate, or the Speaker of the House of
Representatives, to intervene, directly or indirectly, in any business, transaction, contract or
application with the Government: Provided, That this section shall not apply to any person who,
prior to the assumption of office of any of the above officials to whom he is related, has been
already dealing with the Government along the same line of business, nor to any transaction,
contract or application already existing or pending at the time of such assumption of public
office, nor to any application filed by him the approval of which is not discretionary on the part of
the official or officials concerned but depends upon compliance with requisites provided by law,
or rules or regulations issued pursuant to law, nor to any act lawfully performed in an official
capacity or in the exercise of a profession.
Prohibition on Members of Congress. It shall be unlawful hereafter for any Member of the
Congress during the term for which he has been elected, to acquire or receive any personal
pecuniary interest in any specific business enterprise which will be directly and particularly
favored or benefited by any law or resolution authored by him previously approved or adopted
by the Congress during the same term. The provision of this section shall apply to any other
public officer who recommended the initiation in Congress of the enactment or adoption of any
law or resolution, and acquires or receives any such interest during his incumbency.
It shall likewise be unlawful for such member of Congress or other public officer, who, having
such interest prior to the approval of such law or resolution authored or recommended by him,
continues for thirty days after such approval to retain such interest.
Penalties for violations. (a) Any public officer or private person committing any of the unlawful
acts or omissions enumerated above shall be punished with imprisonment for not less than one
year nor more than ten years, perpetual disqualification from public office, and confiscation or
forfeiture in favor of the Government of any prohibited interest and unexplained wealth
manifestly out of proportion to his salary and other lawful income.
Any complaining party at whose complaint the criminal prosecution was initiated shall, in case of
conviction of the accused, be entitled to recover in the criminal action with priority over the
forfeiture in favor of the Government, the amount of money or the thing he may have given to
the accused, or the value of such thing.
The violation of said section proven in a proper administrative proceeding shall be sufficient
cause for removal or dismissal of a public officer, even if no criminal prosecution is instituted
against him.
Prescription of offenses. All offenses punishable under this Act shall prescribe in ten years.

XVII.

R.A. No. 7080 PLUNDER


Public Officer means any person holding any public office in the Government of the
Republic of the Philippines by virtue of an appointment, election or contract.
Person includes any natural or juridical person, unless the context indicates otherwise.
Ill-gotten wealth means any asset, property, business enterprise or material possession
of any person within the purview of Section Two (2) hereof, acquired by him directly or
indirectly through dummies, nominees, agents, subordinates and/or business associates
by any combination or series of the following means or similar schemes:
1) Through misappropriation, conversion, misuse, or malversation of public funds
or raids on the public treasury;
2) By receiving, directly or indirectly, any commission, gift, share, percentage,
kickbacks or any other form of pecuniary benefit from any person and/or entity in
connection with any government contract or project or by reason of the office or
position of the public officer concerned;
3) By the illegal or fraudulent conveyance or disposition of assets belonging to
the National Government or any of its subdivisions, agencies or instrumentalities
or government-owned or -controlled corporations and their subsidiaries;
4) By obtaining, receiving or accepting directly or indirectly any shares of stock,
equity or any other form of interest or participation including promise of future
employment in any business enterprise or undertaking;
5) By establishing agricultural, industrial or commercial monopolies or other
combinations and/or implementation of decrees and orders intended to benefit
particular persons or special interests; or

6) By taking undue advantage of official position, authority, relationship,


connection or influence to unjustly enrich himself or themselves at the expense
and to the damage and prejudice of the Filipino people and the Republic of the
Philippines.
Any public officer who, by himself or in connivance with members of his family, relatives by
affinity or consanguinity, business associates, subordinates or other persons, amasses,
accumulates or acquires ill-gotten wealth through a combination or series of overt or criminal
acts in the aggregate amount or total value of at least Seventy-five million pesos
(P75,000,000.00), shall be guilty of the crime of plunder and shall be punished by life
imprisonment with perpetual absolute disqualification from holding any public office. Any
person who participated with said public officer in the commission of plunder shall likewise be
punished. In the imposition of penalties, the degree of participation and the attendance of
mitigating and extenuating circumstances shall be considered by the court. The court shall
declare any and all ill-gotten wealth and their interests and other incomes and assets including
the properties and shares of stock derived from the deposit or investment thereof forfeited in
favor of the State.
Suspension and Loss of Benefits - Any public officer against whom any criminal prosecution
under a valid information under this Act in whatever stage of execution and mode of
participation, is pending in court, shall be suspended from office. Should he be convicted by
final judgment, he shall lose all retirement or gratuity benefits under any law, but if he is
acquitted, he shall be entitled to reinstatement and to the salaries and other benefits which he
failed to receive during suspension, unless in the meantime, administrative proceedings have
been filed against him.
Prescription of Crimes - The crime punishable under this Act shall prescribe in twenty (20)
years. However, the right of the State to recover properties unlawfully acquired by public officers
from them or from their nominees or transferees shall not be barred by prescription, laches, or
estoppel.

XVIII. R.A. 9775 CHILD PORNOGRAPHY


"Child" refers to a person below eighteen (18) years of age or over, but is unable to fully
take care of himself/herself from abuse, neglect, cruelty, exploitation or discrimination
because of a physical or mental disability or condition.
A child shall also refer to: (1) a person regardless of age who is presented, depicted or
portrayed as a child as defined herein; and (2) computer-generated, digitally or manually
crafted images or graphics of a person who is represented or who is made to appear to
be a child as defined herein.
"Child pornography" refers to any representation, whether visual, audio, or written
combination thereof, by electronic, mechanical, digital, optical, magnetic or any other
means, of child engaged or involved in real or simulated explicit sexual activities.
"Explicit Sexual Activity" includes actual or simulated sexual intercourse or lascivious act including, but not limited to, contact
involving genital to genital, oral to genital, anal to genital, or oral to anal, whether
between persons of the same or opposite sex; bestiality; masturbation;
sadistic or masochistic abuse; lascivious exhibition of the genitals,
buttocks, breasts, pubic area and/or anus; or use of any object or
instrument for lascivious acts

"Grooming" refers to the act of preparing a child or someone who the offender believes
to be a child for sexual activity or sexual relationship by communicating any form of child
pornography. It includes online enticement or enticement through any other means.
"Pandering" refers to the act of offering, advertising, promoting, representing or
distributing through any means any material or purported material that is intended to
cause another to believe that the material or purported material contains any form of
child pornography, regardless of the actual content of the material or purported material.
Unlawful or Prohibited Acts. (SEC. 4)
(a) To hire, employ, use, persuade, induce or coerce a child to perform in the creation or
production of any form of child pornography;
(b) To produce, direct, manufacture or create any form of child pornography;
(c) To publish offer, transmit, sell, distribute, broadcast, advertise, promote, export or
import any form of child pornography;
(d) To possess any form of child pornography with the intent to sell, distribute, publish, or
broadcast: Provided. That possession of three (3) or more articles of child pornography
of the same form shall be prima facie evidence of the intent to sell, distribute, publish or
broadcast;
(e) To knowingly, willfully and intentionally provide a venue for the commission of
prohibited acts as, but not limited to, dens, private rooms, cubicles, cinemas, houses or
in establishments purporting to be a legitimate business;
(f) For film distributors, theaters and telecommunication companies, by themselves or in
cooperation with other entities, to distribute any form of child pornography;
(g) For a parent, legal guardian or person having custody or control of a child to
knowingly permit the child to engage, participate or assist in any form of child
pornography;
(h) To engage in the luring or grooming of a child;
(i) To engage in pandering of any form of child pornography;
(j) To willfully access any form of child pornography;
(k) To conspire to commit any of the prohibited acts stated in this section. Conspiracy to
commit any form of child pornography shall be committed when two (2) or more persons
come to an agreement concerning the commission of any of the said prohibited acts and
decide to commit it; and
(l) To possess any form of child pornography.

Syndicated Child Pornography - The crime of child pornography is deemed committed by a


syndicate if carried out by a group of three (3) or more persons conspiring or confederating with
one another and shall be punished under Section 15(a) of this Act.
Who May File a Complaint. - Complaints on cases of any form of child pornography and other
offenses punishable under this Act may be filed by the following:
(a) Offended party;
(b) Parents or guardians;
(c) Ascendant or collateral relative within the third degree of consanguinity;
(d) Officer, social worker or representative of a licensed child-caring institution;
(e) Officer or social worker of the Department of Social Welfare and Development
(DSWD);
(f) Local social welfare development officer;
(g) Barangay chairman;
(h) Any law enforcement officer;
(i) At least three (3) concerned responsible citizens residing in the place where the
violation occurred; or
(j) Any person who has personal knowledge of the circumstances of the commission of
any offense under this Act.
Penalties and Sanctions. (a) Any person found guilty of syndicated child pornography shall suffer the penalty
of reclusion perpetua and a fine of not less than Two million pesos (Php2,000,000.00)
but not more than Five million pesos (Php5,000,000.00);
(b) Any person found guilty of violating Section 4(a), (b) and (c) of this Act shall suffer the
penalty of reclusion temporal in its maximum period and a fine of not less than One
million pesos (Php1,000,000.00) but not more than Two million (Php2,000,000.00);
(c) Any person found guilty of violating Section 4(d), (e) and (f) of this Act shall suffer the
penalty of reclusion temporal in its medium period and a fine of not less than Seven
hundred fifty thousand pesos (Php750,000.00) but not more than One million pesos
(Php1,000,000.00);
(d) Any person found guilty of violating Section 4(g) of this Act shall suffer the penalty
of reclusion temporal in its minimum period and a fine of not less than Five hundred

thousand pesos (Php500,000.00) but not more than Seven hundred thousand pesos
(Php700,000.00);
(e) Any person found guilty of violating Section 4(h) of this Act shall suffer the penalty
of prision mayor in its maximum period and a fine of not less than Three hundred
thousand pesos (Php300,000.00) but not more than Five hundred thousand pesos
(Php500,000.00);
(f) Any person found guilty of violating Section 4(I) of this Act shall suffer the penalty
of prision mayor in its minimum period and a fine of not less than Three hundred
thousand pesos (php300,000.00) but not more than Five hundred thousand pesos
(Php500,000.00);
(g) Any person found guilty of violating Section 4(j) of this Act shall suffer the penalty
of prision correccional in its maximum period and a fine of not less than Two hundred
thousand pesos (Php200,000.00) but not more than Three hundred thousand pesos
(Php300,000.00);
(h) Any person found guilty of violating Section 4(k) of this Act shall suffer the penalty
of prision correccionalin its medium period and a fine of not less than One hundred
thousand pesos (php100,000.00) but not more than Two hundred fifty thousand pesos
(php250,000.00);
(i) Any person found guilty of violating Section 4(l) of this Act shall suffer the penalty
of arresto mayor in its minimum period and a fine of not less than Fifty thousand pesos
(Php50,000.00) but not more than One hundred thousand pesos (Php100,000.00);
(j) Any person found guilty of violating Section 11 of this Act shall suffer the penalty
of prision correccional in its medium period and a fine of not less than One million pesos
(Php1,000,000.00) but not more than Two million pesos (Php2,000,000.00) for the first
offense. In the case of a subsequent offense, the penalty shall be a fine not less than
Two million pesos (Php2,000,000.00) but not more than Three million pesos
(Php3,000,000.00) and revocation of its license to operate and immediate closure of the
establishment;
Any ISP found guilty of willfully and knowingly failing to comply with the notice and
installation requirements under Section 9 of this Act shall suffer the penalty of a fine of
not less than Five hundred thousand pesos (Php500,000.00) but not more than One
million pesos (Php1,000,000.00) for the first offense. In case of subsequent offense, the
penalty shall be a fine of not less than One million pesos (Php1,000,000.00) but not
more than Two million pesos (Php2,000,000.00) and revocation of its license to operate;
Any mall owner-operator and owner or lessor of other business establishments
including photo developers, information technology professionals, credit card
companies and banks, found guilty of willfully and knowingly failing to comply with the
notice requirements under Section 10 of this Act shall suffer the penalty of a fine of not
less than One million pesos (Php1,000,000.00) but not more than Two million pesos

(Php2,000,000.00) for the first offense. In the case of a subsequent offense, the penalty
shall be a fine of not less than Two million pesos (Php2,000,000.00) but not more than
Three million pesos (Php3,000,000.00) and revocation of its license to operate and
immediate closure of the establishment; and
Any person found guilty of violating of this Act shall suffer the penalty of arresto
mayor in its minimum period and a fine of not less than One hundred thousand pesos
(Php100,000.00) but not more than Three hundred thousand pesos (Php300,000.00).

XIX.

R.A.
No. 8049 HAZING AND OTHER FORMS OF INITIATION RITES IN
FRATERNITIES, SORORITIES, AND OTHER ORGANIZATIONS

Hazing, as used in this Act, is an initiation rite or practice as a prerequisite for admission into
membership in a fraternity, sorority or organization by placing the recruit, neophyte or applicant
in some embarrassing or humiliating situations such as forcing him to do menial, silly, foolish
and other similar tasks or activities or otherwise subjecting him to physical or psychological
suffering or injury.
The term "organization" shall include any club or the Armed Forces of the Philippines,
Philippine National Police, Philippine Military Academy, or officer and cadet corp of the Citizen's
Military Training and Citizen's Army Training. The physical, mental and psychological testing and
training procedure and practices to determine and enhance the physical, mental and
psychological fitness of prospective regular members of the Armed Forces of the Philippines
and the Philippine National Police as approved ny the Secretary of National Defense and the

National Police Commission duly recommended by the Chief of Staff, Armed Forces of the
Philippines and the Director General of the Philippine National Police shall not be considered as
hazing for the purposes of this Act.
If the person subjected to hazing or other forms of initiation rites suffers any physical injury or
dies as a result thereof, the officers and members of the fraternity, sorority or organization who
actually participated in the infliction of physical harm shall be liable as principals. The person or
persons who participated in the hazing shall suffer:
1. The penalty of reclusion perpetua (life imprisonment) if death, rape, sodomy or
mutilation results there from.
2. The penalty of reclusion temporal in its maximum period (17 years, 4 months and 1
day to 20 years) if in consequence of the hazing the victim shall become insane,
imbecile, impotent or blind.
3. The penalty of reclusion temporal in its medium period (14 years, 8 months and one
day to 17 years and 4 months) if in consequence of the hazing the victim shall have lost
the use of speech or the power to hear or to smell, or shall have lost an eye, a
hand, a foot, an arm or a leg or shall have lost the use of any such member shall
have become incapacitated for the activity or work in which he was habitually
engaged.
4. The penalty of reclusion temporal in its minimum period (12 years and one day to 14
years and 8 months) if in consequence of the hazing the victim shall become deformed
or shall have lost any other part of his body, or shall have lost the use thereof, or shall
have been ill or incapacitated for the performance on the activity or work in which he was
habitually engaged for a period of more than ninety (90) days.
5. The penalty of prison mayor in its maximum period (10 years and one day to 12
years) if in consequence of the hazing the victim shall have been ill or incapacitated for
the performance on the activity or work in which he was habitually engaged for a period
of more than thirty (30) days.
6. The penalty of prison mayor in its medium period (8 years and one day to 10 years)
if in consequence of the hazing the victim shall have been ill or incapacitated for the
performance on the activity or work in which he was habitually engaged for a period of
ten (10) days or more, or that the injury sustained shall require medical assistance for
the same period.
7. The penalty of prison mayor in its minimum period (6 years and one day to 8 years) if
in consequence of the hazing the victim shall have been ill or incapacitated for the
performance on the activity or work in which he was habitually engaged from one (1) to
nine (9) days, or that the injury sustained shall require medical assistance for the same
period.

8. The penalty of prison correccional in its maximum period (4 years, 2 months and
one day to 6 years) if in consequence of the hazing the victim sustained physical
injuries which do not prevent him from engaging in his habitual activity or work
nor require medical attendance.
The responsible officials of the school or of the police, military or citizen's army training
organization, may impose the appropriate administrative sanctions on the person or the persons
charged under this provision even before their conviction. The maximum penalty herein
provided shall be imposed in any of the following instances:
(a) when the recruitment is accompanied by force, violence, threat, intimidation or
deceit on the person of the recruit who refuses to join;
(b) when the recruit, neophyte or applicant initially consents to join but upon
learning that hazing will be committed on his person, is prevented from quitting;
(c) when the recruit, neophyte or applicant having undergone hazing is prevented
from reporting the unlawful act to his parents or guardians, to the proper school
authorities, or to the police authorities, through force, violence, threat or
intimidation;
(d) when the hazing is committed outside of the school or institution; or
(e) when the victim is below twelve (12) years of age at the time of the hazing.
The owner of the place where hazing is conducted shall be liable as an accomplice, when he
has actual knowledge of the hazing conducted therein but failed to take any action to prevent
the same from occurring. If the hazing is held in the home of one of the officers or members of
the fraternity, group, or organization, the parents shall be held liable as principals when they
have actual knowledge of the hazing conducted therein but failed to take any action to prevent
the same from occurring.
The school authorities including faculty members who consent to the hazing or who have actual
knowledge thereof, but failed to take any action to prevent the same from occurring shall be
punished as accomplices for the acts of hazing committed by the perpetrators.
The officers, former officers, or alumni of the organization, group, fraternity or sorority who
actually planned the hazing although not present when the acts constituting the hazing were
committed shall be liable as principals. A fraternity or sorority's adviser who is present when the
acts constituting the hazing were committed and failed to take action to prevent the same from
occurring shall be liable as principal.
The presence of any person during the hazing is prima facie evidence of participation therein as
principal unless he prevented the commission of the acts punishable herein.
Any person charged under this provision shall not be entitled to the mitigating circumstance that
there was no intention to commit so grave a wrong.

This section shall apply to the president, manager, director or other responsible officer of a
corporation engaged in hazing as a requirement for employment in the manner provided herein.

XX.

R.A. 7610 CHILD ABUSE

"Child abuse" refers to the maltreatment, whether habitual or not, of the child which
includes any of the following:
(1) Psychological and physical abuse, neglect, cruelty, sexual abuse and
emotional maltreatment;
(2) Any act by deeds or words which debases, degrades or demeans the
intrinsic worth and dignity of a child as a human being;
(3) Unreasonable deprivation of his basic needs for survival, such as food and
shelter; or
(4) Failure to immediately give medical treatment to an injured child
resulting in serious impairment of his growth and development or in his
permanent incapacity or death.
"
Child Prostitution and Other Sexual Abuse. Children, whether male or female, who for
money, profit, or any other consideration or due to the coercion or influence of any adult,
syndicate or group, indulge in sexual intercourse or lascivious conduct, are deemed to be
children exploited in prostitution and other sexual abuse.
The penalty of reclusion temporal in its medium period to reclusion perpetua shall be imposed
upon the following:
(a) Those who engage in or promote, facilitate or induce child prostitution which include,
but are not limited to, the following:
(1) Acting as a procurer of a child prostitute;
(2) Inducing a person to be a client of a child prostitute by means of written or
oral advertisements or other similar means;
(3) Taking advantage of influence or relationship to procure a child as prostitute;
(4) Threatening or using violence towards a child to engage him as a prostitute;
or
(5) Giving monetary consideration goods or other pecuniary benefit to a child with
intent to engage such child in prostitution.
(b) Those who commit the act of sexual intercourse of lascivious conduct with a child
exploited in prostitution or subject to other sexual abuse; Provided, That when the
victims is under twelve (12) years of age, the perpetrators shall be prosecuted under
Article 335, paragraph 3, for rape and Article 336 of Act No. 3815, as amended, the
Revised Penal Code, for rape or lascivious conduct, as the case may be: Provided, That

the penalty for lascivious conduct when the victim is under twelve (12) years of age shall
be reclusion temporal in its medium period; and
(c) Those who derive profit or advantage therefrom, whether as manager or owner of the
establishment where the prostitution takes place, or of the sauna, disco, bar, resort,
place of entertainment or establishment serving as a cover or which engages in
prostitution in addition to the activity for which the license has been issued to said
establishment.
Attempt To Commit Child Prostitution. when any person who, not being a relative of a child,
is found alone with the said child inside the room or cubicle of a house, an inn, hotel, motel,
pension house, apartelle or other similar establishments, vessel, vehicle or any other hidden or
secluded area under circumstances which would lead a reasonable person to believe that the
child is about to be exploited in prostitution and other sexual abuse.
There is also an attempt to commit child prostitution, any person is receiving services from a
child in a sauna parlor or bath, massage clinic, health club and other similar establishments. A
penalty lower by two (2) degrees than that prescribed for the consummated felony shall be
imposed upon the principals of the attempt to commit the crime of child prostitution under this
Act, or, in the proper case, under the Revised Penal Code.
Child Trafficking. Any person who shall engage in trading and dealing with children including,
but not limited to, the act of buying and selling of a child for money, or for any other
consideration, or barter, shall suffer the penalty of reclusion temporal to reclusion perpetua. The
penalty shall be imposed in its maximum period when the victim is under twelve (12) years of
age.
Attempt to Commit Child Trafficking.
(a) When a child travels alone to a foreign country without valid reason therefor and
without clearance issued by the Department of Social Welfare and Development or
written permit or justification from the child's parents or legal guardian;
(c) When a person, agency, establishment or child-caring institution recruits women or
couples to bear children for the purpose of child trafficking; or
(d) When a doctor, hospital or clinic official or employee, nurse, midwife, local civil
registrar or any other person simulates birth for the purpose of child trafficking; or
(e) When a person engages in the act of finding children among low-income families,
hospitals, clinics, nurseries, day-care centers, or other child-during institutions who can
be offered for the purpose of child trafficking.
A penalty lower two (2) degrees than that prescribed for the consummated felony under Section
7 hereof shall be imposed upon the principals of the attempt to commit child trafficking under
this Act.

Obscene Publications and Indecent Shows. Any person who shall hire, employ, use,
persuade, induce or coerce a child to perform in obscene exhibitions and indecent shows,
whether live or in video, or model in obscene publications or pornographic materials or to sell or
distribute the said materials shall suffer the penalty of prision mayor in its medium period.
If the child used as a performer, subject or seller/distributor is below twelve (12) years of age,
the penalty shall be imposed in its maximum period.
Any ascendant, guardian, or person entrusted in any capacity with the care of a child who shall
cause and/or allow such child to be employed or to participate in an obscene play, scene, act,
movie or show or in any other acts covered by this section shall suffer the penalty of prision
mayor in its medium period.
Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other Conditions Prejudicial to
the Child's Development.
(a) Any person who shall commit any other acts of child abuse, cruelty or exploitation or
to be responsible for other conditions prejudicial to the child's development including
those covered by Article 59 of Presidential Decree No. 603, as amended, but not
covered by the Revised Penal Code, as amended, shall suffer the penalty of prision
mayor in its minimum period.
(b) Any person who shall keep or have in his company a minor, twelve (12) years or
under or who in ten (10) years or more his junior in any public or private place, hotel,
motel, beer joint, discotheque, cabaret, pension house, sauna or massage parlor, beach
and/or other tourist resort or similar places shall suffer the penalty of prision mayor in its
maximum period and a fine of not less than Fifty thousand pesos (P50,000): Provided,
That this provision shall not apply to any person who is related within the fourth degree
of consanguinity or affinity or any bond recognized by law, local custom and tradition or
acts in the performance of a social, moral or legal duty.
(c) Any person who shall induce, deliver or offer a minor to any one prohibited by this Act
to keep or have in his company a minor as provided in the preceding paragraph shall
suffer the penalty of prision mayor in its medium period and a fine of not less than Forty
thousand pesos (P40,000); Provided, however, That should the perpetrator be an
ascendant, stepparent or guardian of the minor, the penalty to be imposed shall be
prision mayor in its maximum period, a fine of not less than Fifty thousand pesos
(P50,000), and the loss of parental authority over the minor.
(d) Any person, owner, manager or one entrusted with the operation of any public or
private place of accommodation, whether for occupancy, food, drink or otherwise,
including residential places, who allows any person to take along with him to such place
or places any minor herein described shall be imposed a penalty of prision mayor in its
medium period and a fine of not less than Fifty thousand pesos (P50,000), and the loss
of the license to operate such a place or establishment.

(e) Any person who shall use, coerce, force or intimidate a street child or any other child
to;
(1) Beg or use begging as a means of living;
(2) Act as conduit or middlemen in drug trafficking or pushing; or
(3) Conduct any illegal activities, shall suffer the penalty of prision correccional in
its medium period to reclusion perpetua.
XXII.

R.A. 4200 WIRE TAPPING

It shall be unlawful for any person, not being authorized by all the parties to any private
communication or spoken word, to tap any wire or cable, or by using any other device or
arrangement, to secretly overhear, intercept, or record such communication or spoken word by
using a device commonly known as a dictaphone or dictagraph or dictaphone or walkie-talkie or
tape recorder, or however otherwise described:
It shall also be unlawful for any person, be he a participant or not in the act or acts penalized in
the next preceding sentence, to knowingly possess any tape record, wire record, disc record, or
any other such record, or copies thereof, of any communication or spoken word secured either
before or after the effective date of this Act in the manner prohibited by this law; or to replay the
same for any other person or persons; or to communicate the contents thereof, either verbally or
in writing, or to furnish transcriptions thereof, whether complete or partial, to any other
person: Provided, That the use of such record or any copies thereof as evidence in any civil,
criminal investigation or trial of offenses mentioned in section 3 hereof, shall not be covered by
this prohibition.
Any person who willfully or knowingly does or who shall aid, permit, or cause to be done any of
the acts declared to be unlawful in the preceding section or who violates the provisions of the
following section or of any order issued thereunder, or aids, permits, or causes such violation
shall, upon conviction thereof, be punished by imprisonment for not less than six months or
more than six years and with the accessory penalty of perpetual absolute disqualification from
public office if the offender be a public official at the time of the commission of the offense, and,
if the offender is an alien he shall be subject to deportation proceedings.

XXIII. P.D. 1612 ANTI-FENCING LAW


"Fencing" is the act of any person who, with intent to gain for himself or for another,
shall buy, receive, possess, keep, acquire, conceal, sell or dispose of, or shall buy and
sell, or in any other manner deal in any article, item, object or anything of value which he
knows, or should be known to him, to have been derived from the proceeds of the crime
of robbery or theft.
"Fence" includes any person, firm, association corporation or partnership or other
organization who/which commits the act of fencing.
Penalties.
(a) The penalty of prision mayor, if the value of the property involved is more than 12,000
pesos but not exceeding 22,000 pesos; if the value of such property exceeds the latter
sum, the penalty provided in this paragraph shall be imposed in its maximum period,
adding one year for each additional 10,000 pesos; but the total penalty which may be
imposed shall not exceed twenty years. In such cases, the penalty shall be termed
reclusion temporal and the accessory penalty pertaining thereto provided in the Revised
Penal Code shall also be imposed.
(b) The penalty of prision correccional in its medium and maximum periods, if the value
of the property robbed or stolen is more than 6,000 pesos but not exceeding 12,000
pesos.
(c) The penalty of prision correccional in its minimum and medium periods, if the value of
the property involved is more than 200 pesos but not exceeding 6,000 pesos.
(d) The penalty of arresto mayor in its medium period to prision correccional in its
minimum period, if the value of the property involved is over 50 pesos but not exceeding
200 pesos.
(e) The penalty of arresto mayor in its medium period if such value is over five (5) pesos
but not exceeding 50 pesos.

(f) The penalty of arresto mayor in its minimum period if such value does not exceed 5
pesos.

Liability of Officials of Juridical Persons. If the fence is a partnership, firm, corporation or


association, the president or the manager or any officer thereof who knows or should have
known the commission of the offense shall be liable.

Presumption of Fencing. Mere possession of any good, article, item, object, or anything of
value which has been the subject of robbery or thievery shall be prima facie evidence of fencing.
One is deemed to know a particular fact if he has the cognizance, consciousness
or awareness thereof, or is aware of the existence of something, or has the acquaintance with
facts, or if he has something within the mind's grasp with certitude and clarity. When knowledge
of the existence of a particular fact is an element of an offense, such knowledge is established if
a person is aware of a high probability of its existence unless he actually believes that it does
not exist. On the other hand, the words "should know" denote the fact that a person of
reasonable prudence and intelligence would ascertain the fact in performance of his duty to
another or would govern his conduct upon assumption that such fact exists. Knowledge refers
to a mental state of awareness about a fact. Since the court cannot penetrate the mind of an
accused and state with certainty what is contained therein, it must determine such knowledge
with care from the overt acts of that person. And given two equally plausible states of cognition
or mental awareness, the court should choose the one which sustains the constitutional
presumption of innocence. (Norma Dizon-Pamintuan vs People; G.R. No. 111426 July

11, 1994)

XXIII. B.P. 22 BOUNCING CHECK LAW


Checks without sufficient funds. - Any person who makes or draws and issues any check to
apply on account or for value, knowing at the time of issue that he does not have sufficient
funds in or credit with the drawee bank for the payment of such check in full upon its
presentment, which check is subsequently dishonored by the drawee bank for insufficiency of
funds or credit or would have been dishonored for the same reason had not the drawer, without
any valid reason, ordered the bank to stop payment, shall be punished by imprisonment of not
less than thirty days but not more than one (1) year or by a fine of not less than but not more
than double the amount of the check which fine shall in no case exceed Two Hundred Thousand
Pesos, or both such fine and imprisonment at the discretion of the court.
The same penalty shall be imposed upon any person who, having sufficient funds in or credit
with the drawee bank when he makes or draws and issues a check, shall fail to keep sufficient
funds or to maintain a credit to cover the full amount of the check if presented within a period of
ninety (90) days from the date appearing thereon, for which reason it is dishonored by the
drawee bank.
Where the check is drawn by a corporation, company or entity, the person or persons who
actually signed the check in behalf of such drawer shall be liable under this Act.
Evidence of knowledge of insufficient funds. - The making, drawing and issuance of a check
payment of which is refused by the drawee because of insufficient funds in or credit with such
bank, when presented within ninety (90) days from the date of the check, shall be prima facie
evidence of knowledge of such insufficiency of funds or credit unless such maker or drawer
pays the holder thereof the amount due thereon, or makes arrangements for payment in full by
the drawee of such check within (5) banking days after receiving notice that such check has not
been paid by the drawee.

Liability under the Revised Penal Code. - Prosecution under this Act shall be without
prejudice to any liability for violation of any provision of the Revised Penal Code.
The gravamen of B.P. No. 22 is the act of making and issuing a worthless check
or one that is dishonored upon its presentment for payment. And the accused failed to
satisfy the amount of the check or make arrangement for its payment within five (5)
banking days from notice of dishonor. The act is malum prohibitum, pernicious and
inimical to public welfare. Laws are created to achieve a goal intended and to guide and
prevent against an evil or mischief. Why and to whom the check was issued is irrelevant
in determining culpability.The terms and conditions surrounding the issuance of the
checks are also irrelevant. (Rosa Lim v. PP, G.R. No. 130038, September 18, 2000)
[

XXIV. R.A. 6539- ANTI-CARNAPPING LAW


The terms "carnapping", "motor vehicle", "defacing or tampering with", "repainting", "bodybuilding", "remodeling", "dismantling", and "overhauling", as used in this Act, shall be
understood, respectively, to mean
"Carnapping" is the taking, with intent to gain, of a motor vehicle belonging to another
without the latter's consent, or by means of violence against or intimidation of persons,
or by using force upon things.
"Motor vehicle" is 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.lawphi1
"Defacing or tampering with" a serial number is the erasing, scratching, altering or
changing of the original factory-inscribed serial number on the motor vehicle engine,
engine block or chassis of any motor vehicle. Whenever any motor vehicle is found to
have a serial number on its motor engine, engine block or chassis which is different from
that which is listed in the records of the Bureau of Customs for motor vehicles imported
into the Philippines, that motor vehicle shall be considered to have a defaced or
tampered with serial number.

"Repainting" is changing the color of a motor vehicle by means of painting. There is


repainting whenever the new color of a motor vehicle is different from its color as
registered in the Land Transportation Commission.
"Body-building" is a job undertaken on a motor vehicle in order to replace its entire
body with a new body.
"Remodeling" is the introduction of some changes in the shape or form of the body of
the motor vehicle.lawphi1
"Dismantling" is the tearing apart, piece by piece or part by part, of a motor vehicle.
"Overhauling" is the cleaning or repairing of the whole engine of a motor vehicle by
separating the motor engine and its parts from the body of the motor vehicle.
Penal Provisions. Any person who violates any provisions of this Act shall be punished with
imprisonment for not less than two years nor more than six years and a fine equal in amount to
the acquisition cost of the motor vehicle, motor vehicle engine or any other part involved in the
violation: Provided, That if the person violating any provision of this Act is a juridical person, the
penalty herein provided shall be imposed on its president or secretary and/or members of the
board of directors or any of its officers and employees who may have directly participated in the
violation.
Any government official or employee who directly commits the unlawful acts defined in this Act
or is guilty of gross negligence of duty or connives with or permits the commission of any of the
said unlawful act shall, in addition to the penalty prescribed in the preceding paragraph, be
dismissed from the service with prejudice to his reinstatement and with disqualification from
voting or being voted for in any election and from appointment to any public office.
Penalty for Carnapping. Any person who is found guilty of carnapping, as this term is defined
in Section two of this Act, shall, irrespective of the value of motor vehicle taken, be punished by
imprisonment for not less than fourteen years and eight months and not more than seventeen
years and four months, when the carnapping is committed without violence or intimidation of
persons, or force upon things; and by imprisonment for not less than seventeen years and four
months and not more than thirty years, when the carnapping is committed by means of violence
against or intimidation of any person, or force upon things; and the penalty of life imprisonment
to death shall be imposed when the owner, driver or occupant of the carnapped motor vehicle is
killed in the commission of the carnapping.
Aliens. Aliens convicted under the provisions of this Act shall be deported immediately after
service of sentence without further proceedings by the Deportation Board.

XXV.

P.D. 1613: Arson

Arson. Any person who burns or sets fire to the property of another shall be punished by
Prision mayor.
The same penalty shall be imposed when a person sets fire to his own property under
circumstances which expose to danger the life or property of another.
Destructive Arson. The penalty of Reclusion temporal in its maximum period to Reclusion
perpetua shall be imposed if the property burned is any of the following:
1. Any ammunition factory and other establishment where explosives, inflammable or
combustible materials are stored.
2. Any archive, museum, whether public or private or any edifice devoted to culture, education
or social services.

3. Any church or place or worship or other building where people usually assemble.
4. Any train, airplane or any aircraft, vessel or watercraft, or conveyance for transportation of
persons or property.
5. Any building where evidence is kept for use in any legislative, judicial, administrative or other
official proceedings.
6. Any hospital, hotel, dormitory, lodging house, housing tenement, shopping center, public or
private market, theater or movie house or any similar place or building.
7. Any building, whether used as dwelling or not, situated in a populated or congested area.
Other Cases of Arson. The penalty of Reclusion temporal to Reclusion perpetua shall be
imposed if the property burned is any of the following:
1. Any building used as offices of the government or any of its agencies;
2. Any uninhabited house or dwelling;
3. Any industrial establishment, shipyard, oil well or mine shaft, platform or tunnel;
4. Any plantation, farm, pastureland, growing crop, grain filed, orchard, bamboo grove or forest;
5. Any rice mill, cane mill or mill central; and
6. Any railway or bus station, airport, wharf or warehouse.
. Special Aggravating Circumstances in Arson. The penalty in any case of arson shall be
imposed in its maximum period:
1. If committed with intent to gain;
2. If committed for the benefit of another;
3. If the offender is motivated by spite or hatred towards the owner or occupant of the property
burned;
4. If committed by a syndicate.

Where Death Results From Arson. If by reason of or on the occasion of arson death
results, the penalty of Reclusion perpetua to death shall be imposed.
Prima Facie Evidence of Arson.
1. If the fire started simultaneously in more than one part of the building or establishment.
2. If substantial amount of flammable substances or materials are stored within the building not
necessary in the business of the offender nor for household use.
3. Gasoline, kerosene, petroleum or other flammable or combustible substances or materials
soaked therewith or containers, thereof, or any mechanical, electrical, chemical, or electronic
contrivance designed to start a fire, or ashes or traces of any of the foregoing are found in the
ruins or premises of the burned building or property.
4. If the building or property is insured for substantially more than its actual value at the time of
the issuance of the policy.
5. If during the lifetime of the corresponding fire insurance policy more than two fires have
occurred in the same or other premises owned or under the control of the offender and/or
insured.
6. If shortly before the fire a substantial portion of the effects insured and stored in building or
property had been withdrawn from the premises except in the ordinary course of business.
7. If a demand for money or other valuable consideration was made before the fire in exchange
for the desistance of the offender or for the safety of other person or property of the victim.
Conspiracy to Commit Arson. Conspiracy to commit arson shall be punished by prision
mayor in its minimum period.
Confiscation of Object of Arson. The building which is the object of arson including the
land on which it is situated shall be confiscated and escheated to the State, unless the owner
thereof can prove that he has no participation in nor knowledge of such arson despite the
exercise of due diligence on his part.

In arson, the corpus delicti is generally satisfied by proof of the bare occurrence of the
fire, e.g., the charred remains of a house burned down and of its having been intentionally
caused. Even the uncorroborated testimony of a single eyewitness, if credible, may be enough
to prove the corpus delicti and to warrant conviction. (People vs Carlito De Leon; G.R. No.
180762 , March 4, 2009)

In cases where both burning and death occur, in order to determine what crime/crimes
was/were perpetrated whether arson, murder or arson and homicide/murder, it is de rigueur to
ascertain the main objective of the malefactor: (a) if the main objective is the burning of the
building or edifice, but death results by reason or on the occasion of arson, the crime is
simply arson, and the resulting homicide is absorbed; (b) if, on the other hand, the main
objective is to kill a particular person who may be in a building or edifice, when fire is resorted
to as the means to accomplish such goal the crime committed is murder only; lastly, (c) if
the objective is, likewise, to kill a particular person, and in fact the offender has already done
so, but fire is resorted to as a means to cover up the killing, then there are two separate and
distinct crimes committed homicide/murder and arson. (People v. Malngan)

XXVI. R.A. 9995 ANTI- VOYEURISM LAW


(a) "Broadcast" means to make public, by any means, a visual image with the intent
that it be viewed by a person or persons.
(b) "Capture" with respect to an image, means to videotape, photograph, film, record by
any means, or broadcast.
(c) "Female breast" means any portion of the female breast.
(d) "Photo or video voyeurism" means the act of taking photo or video coverage of a
person or group of persons performing sexual act or any similar activity or of capturing
an image of the private area of a person or persons without the latter's consent, under
circumstances in which such person/s has/have a reasonable expectation of privacy, or
the act of selling, copying, reproducing, broadcasting, sharing, showing or exhibiting the
photo or video coverage or recordings of such sexual act or similar activity through
VCD/DVD, internet, cellular phones and similar means or device without the written
consent of the person/s involved, notwithstanding that consent to record or take photo or
video coverage of same was given by such person's.
(f) "Under circumstances in which a person has a reasonable expectation of privacy"
means believe that he/she could disrobe in privacy, without being concerned that an
image or a private area of the person was being captured; or circumstances in which a
reasonable person would believe that a private area of the person would not be visible to
the public, regardless of whether that person is in a public or private place.
Prohibited Acts. (a) To take photo or video coverage of a person or group of persons performing sexual
act or any similar activity or to capture an image of the private area of a person/s such
as the naked or undergarment clad genitals, public area, buttocks or female breast
without the consent of the person/s involved and under circumstances in which the
person/s has/have a reasonable expectation of privacy;
(b) To copy or reproduce, or to cause to be copied or reproduced, such photo or video or
recording of sexual act or any similar activity with or without consideration;
(c) To sell or distribute, or cause to be sold or distributed, such photo or video or
recording of sexual act, whether it be the original copy or reproduction thereof; or
(d) To publish or broadcast, or cause to be published or broadcast, whether in print or
broadcast media, or show or exhibit the photo or video coverage or recordings of such

sexual act or any similar activity through VCD/DVD, internet, cellular phones and other
similar means or device.
The prohibition under paragraphs (b), (c) and (d) shall apply notwithstanding that consent to
record or take photo or video coverage of the same was given by such person/s. Any person
who violates this provision shall be liable for photo or video voyeurism as defined herein.
Penalties. - The penalty of imprisonment of not less that three (3) years but not more than
seven (7) years and a fine of not less than One hundred thousand pesos (P100,000.00) but not
more than Five hundred thousand pesos (P500,000.00), or both, at the discretion of the court
shall be imposed upon any person found guilty of violating Section 4 of this Act.
If the violator is a juridical person, its license or franchise shall be automatically be deemed
revoked and the persons liable shall be the officers thereof including the editor and reporter in
the case of print media, and the station manager, editor and broadcaster in the case of a
broadcast media.
If the offender is a public officer or employee, or a professional, he/she shall be administratively
liable.
If the offender is an alien, he/she shall be subject to deportation proceedings after serving
his/her sentence and payment of fines.
Exemption. - Nothing contained in this Act, however, shall render it unlawful or punishable for
any peace officer, who is authorized by a written order of the court, to use the record or any
copy thereof as evidence in any civil, criminal investigation or trial of the crime of photo or video
voyeurism: Provided, That such written order shall only be issued or granted upon written
application and the examination under oath or affirmation of the applicant and the witnesses
he/she may produce, and upon showing that there are reasonable grounds to believe that photo
or video voyeurism has been committed or is about to be committed, and that the evidence to
be obtained is essential to the conviction of any person for, or to the solution or prevention of
such, crime.