REPUBLIC ACT No.
4200 applicant and the witnesses he may produce
AN ACT TO PROHIBIT AND PENALIZE WIRE
TAPPING AND OTHER RELATED VIOLATIONS OF
THE PRIVACY OF COMMUNICATION, AND FOR
OTHER PURPOSES.
Section 1. 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.
Section 2. 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.
Section 3. 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 execute any of the
acts declared to be unlawful in the two
preceding sections in cases involving the crimes
of treason, espionage, provoking war and
disloyalty in case of war, piracy, mutiny in the
high seas, rebellion, conspiracy and proposal to
commit rebellion, inciting to rebellion, sedition,
conspiracy to commit sedition, inciting to
sedition, kidnapping as defined by the Revised
Penal Code, and violations of Commonwealth
Act No. 616, punishing espionage and other
offenses against national security: Provided,
That such written order shall only be issued or
granted upon written application and the
examination under oath or affirmation of the
authorization of the court, shall be deemed a
and a showing: (1) that there are reasonable
grounds to believe that any of the crimes
enumerated hereinabove has been committed
or is being committed or is about to be
committed: Provided, however, That in cases
involving the offenses of rebellion, conspiracy
and proposal to commit rebellion, inciting to
rebellion, sedition, conspiracy to commit
sedition, and inciting to sedition, such authority
shall be granted only upon prior proof that a
rebellion or acts of sedition, as the case may be,
have actually been or are being committed; (2)
that there are reasonable grounds to believe
that evidence will be obtained essential to the
conviction of any person for, or to the solution
of, or to the prevention of, any of such crimes;
and (3) that there are no other means readily
available for obtaining such evidence.
Section 4. Any communication or spoken word,
or the existence, contents, substance, purport,
effect, or meaning of the same or any part
thereof, or any information therein contained
obtained or secured by any person in violation
of the preceding sections of this Act shall not be
admissible in evidence in any judicial, quasi-
judicial, legislative or administrative hearing or
investigation.
Republic Act No. 9372
Human Security Act of 2007
SEC. 7. Surveillance of Suspects and Interception
and Recording of Communications. -The
provisions of Republic Act No. 4200 (Anti-Wire
Tapping Law) to the contrary notwithstanding, a
police or law enforcement official and the
members of his team may, 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.
SEC. 26. Restriction on Travel. - In cases where
evidence of guilt is not strong, and the person
charged with the crime of terrorism or
conspiracy to commit terrorism is entitled to
bail and is granted the same, the court, upon
application by the prosecutor, shall limit the
right of travel of the accused to within the
municipality or city where he resides or where
the case is pending, in the interest of national
security and public safety, consistent with
Article III, Section 6 of the Constitution. Travel
outside of said municipality or city, without the
violation of the terms and conditions of his bail,
which shall then be forfeited as provided under
the Rules of Court.
He/she may also be placed under house arrest
by order of the court at his or her usual place of
residence.
While under house arrest, he or she may not
use telephones, cellphones, e-mails, computers,
the internet or other means of communications
with people outside the residence until
otherwise ordered by the court.
The restrictions abovementioned shall be
terminated upon the acquittal of the accused or
of the dismissal of the case filed against him or
earlier upon the discretion of the court on
motion of the prosecutor or of the accused.
SEC. 27. Judicial Authorization Required to
Examine Bank Deposits, Accounts, and Records. -
The provisions of Republic Act No. 1405 as
amended, to the contrary notwithstanding, the
justices of the Court of Appeals designated as a
special court to handle anti-terrorism cases
after satisfying themselves of the existence of
probable cause in a hearing called for that
purpose that: (1) a person charged with or
suspected of the crime of terrorism or,
conspiracy to commit terrorism, (2) of a
judicially declared and outlawed terrorist
organization, association, or group of persons;
and (3) of a member of such judicially declared
and outlawed organization, association, or
group of persons, may authorize in writing any
police or law enforcement officer and the
members of his/her team duly authorized in
writing by the anti-terrorism council to: (a)
examine, or cause the examination of, the
deposits, placements, trust accounts, assets and
records in a bank or financial institution; and (b)
gather or cause the gathering of any relevant
information about such deposits, placements,
trust accounts, assets, and records from a bank
or financial institution. The bank or financial
institution concerned, shall not refuse to allow
such examination or to provide the desired
information, when so, ordered by and served
with the written order of the Court of Appeals.
Republic Act No. 9208 May 26, 2003
Anti-Trafficking in Persons Act of 2003".
Section 4. Acts of Trafficking in Persons. - It shall
be unlawful for any person, natural or juridical,
to commit any of the following acts:
(a) To recruit, transport, transfer;
harbor, provide, or receive a person
by any means, including those done
under the pretext of domestic or
overseas employment or training or
apprenticeship, for the purpose of
prostitution, pornography, sexual
exploitation, forced labor, slavery,
involuntary servitude or debt
bondage;
 (b) To introduce or match for money,
profit, or material, economic or
other consideration, any person or,
as provided for under Republic Act
No. 6955, any Filipino woman to a
foreign national, for marriage for the
purpose of acquiring, buying,
offering, selling or trading him/her to
engage in prostitution, pornography,
sexual exploitation, forced labor,
slavery, involuntary servitude or debt
bondage;
(c) To offer or contract marriage, real
or simulated, for the purpose of
acquiring, buying, offering, selling, or
trading them to engage in
prostitution, pornography, sexual
exploitation, forced labor or slavery,
involuntary servitude or debt
bondage;
(d) To undertake or organize tours
and travel plans consisting of tourism
packages or activities for the
purpose of utilizing and offering
persons for prostitution,
pornography or sexual exploitation;
(e) To maintain or hire a person to
engage in prostitution or
pornography;
(f) To adopt or facilitate the adoption
of persons for the purpose of
prostitution, pornography, sexual
exploitation, forced labor, slavery,
involuntary servitude or debt
bondage;
(g) To recruit, hire, adopt, transport
or abduct a person, by means of
threat or use of force, fraud, deceit,
violence, coercion, or intimidation
for the purpose of removal or sale of
organs of said person; and
(h) To recruit, transport or adopt a
child to engage in armed activities in
the Philippines or abroad.
RepublicActNo.10883
“New Anti-Carnapping Act of 2016”
SECTION 3. Carnapping;
Penalties.— 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.
Any person who is found guilty of carnapping
shall, regardless of the value of the motor
vehicle taken, be punished by imprisonment for
not less than twenty (20) years and one (1) day
but not more than thirty (30) years, when the
carnapping is committed without violence
against or intimidation of persons, or force upon
things; and by imprisonment for not less than
thirty (30) years and one (1) day but not more
than forty (40) years, when the carnapping is
committed by means of violence against or
intimidation of persons, or force upon things;
and the penalty of life imprisonment shall be
imposed when the owner, driver, or occupant of
the carnapped motor vehicle is killed or raped in
the commission of the carnapping.
Any person charged with carnapping or
when the crime of carnapping is committed by
criminal groups, gangs or syndicates or by
means of violence or intimidation of any person
or persons or forced upon things; or when the
owner, driver, passenger or occupant of the
carnapped vehicle is killed or raped in the
course of the carnapping shall be denied bail
when the evidence of guilt is strong.
SECTION 4. Concealment of Carnapping.— Any
person who conceals carnapping shall be
punished with imprisonment of six (6) years up
to twelve (12) years and a fine equal to the
amount of 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, secretary,
and/or members of the board of directors or
any of its officers and employees who may have
directly participated in the violation.
Any public official or employee who directly
commits the unlawful acts defined in this Act or
is guilty of gross negligence of duty or connives
with or permits the commission of any of the
said unlawful acts shall, in addition to the
penalty prescribed in the preceding paragraph,
be dismissed from the service, and his/her
benefits forfeited and shall be permanently
disqualified from holding public office.
PRESIDENTIAL DECREE No. 1613
AMENDING THE LAW ON ARSON
Section 1. 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.
Section 2. Destructive Arson. The penalty of
Reclusion Temporal in its maximum period to
Reclusion Perpetua shall be imposed if the
property burned is any of the following:
1. Any ammunition factory and other
establishment where explosives,
inflammable or combustible
materials are stored.
2. Any archive, museum, whether
public or private, or any edifice
devoted to culture, education or
social services.
3. Any church or place of worship or
other building where people usually
assemble.
4. Any train, airplane or any aircraft,
vessel or watercraft, or conveyance
for transportation of persons or
property
4. Any building where evidence is
kept for use in any legislative,
judicial, administrative or other
official proceedings.
5. Any hospital, hotel, dormitory,
lodging house, housing tenement,
shopping center, public or private
market, theater or movie house or
any similar place or building.
6. Any building, whether used as a
dwelling or not, situated in a
populated or congested area.
Section 3. Other Cases of Arson. The penalty of
Reclusion Temporal to Reclusion Perpetua shall
be imposed if the property burned is any of the
following:
1. Any building used as offices of the
government or any of its agencies;
2. Any inhabited house or dwelling;
3. Any industrial establishment,
shipyard, oil well or mine shaft,
platform or tunnel;
4. Any plantation, farm, pastureland,
growing crop, grain field, orchard,
bamboo grove or forest;
4. Any rice mill, sugar mill, cane mill
or mill central; and
5. Any railway or bus station, airport,
wharf or warehouse.
Section 4. Special Aggravating Circumstances in
Arson. The penalty in any case of arson shall be
imposed in its maximum period;
1. If committed with intent to gain;
2. If committed for the benefit of
another;
3. If the offender is motivated by
spite or hatred towards the owner or
occupant of the property burned;
 4. If committed by a syndicate.
The offense is committed by a syndicate if its is
planned or carried out by a group of three (3) or
more persons.
PRESIDENTIAL DECREE No. 330
PENALIZING TIMBER SMUGGLING OR ILLEGAL
CUTTING OF LOGS FROM PUBLIC FORESTS AND
FOREST RESERVES AS QUALIFIED THEFT
Section 1. Any person, whether natural or
juridical, who directly or indirectly cuts, gathers,
removes, or smuggles timber, or other forest
products, either from any of the public forest,
forest reserves and other kinds of public forests,
whether under license or lease, or from any
privately owned forest lands in violation of
existing laws, rules and regulation shall be guilty
of the crime of qualified theft as defined and
penalized under Articles 308, 309 and 310 of
the Revised Penal Code; Provided, That if the
offender is a corporation, firm, partnership or
association, the penalty shall be imposed upon
the guilty officer or officers, as the case may be,
of the corporation, firm, partnership or
association, and if such guilty officer or officers
are aliens, in addition to the penalty herein
prescribed, he or they shall be deported without
further proceedings on the part of the
Commissioned of Immigration and Deportation.
cd i
PRESIDENTIAL DECREE No. 705 May 19, 1975
REVISING PRESIDENTIAL DECREE NO. 389,
OTHERWISE KNOWN AS THE FORESTRY REFORM
CODE OF THE PHILIPPINES
Section 68. Cutting, gathering and/or collecting
timber or other products without license. Any
person who shall cut, gather, collect, or remove
timber or other forest products from any forest
land, or timber from alienable and disposable
public lands, or from private lands, without any
authority under a license agreement, lease,
license or permit, shall be guilty of qualified
theft as defined and punished under Articles
309 and 310 of the Revised Penal Code;
Provided, That in the case of partnership,
association or corporation, the officers who
ordered the cutting, gathering or collecting shall
be liable, and if such officers are aliens, they
shall, in addition to the penalty, be deported
without further proceedings on the part of the
Commission on Immigration and Deportation.
The Court shall further order the confiscation in
favor of the government of the timber or forest
products to cut, gathered, collected or
removed, and the machinery, equipment,
implements and tools used therein, and the
forfeiture of his improvements in the area.
The same penalty plus cancellation of his license
agreement, lease, license or permit and
perpetual disqualification from acquiring any
such privilege shall be imposed upon any
licensee, lessee, or permittee who cuts timber therein. Any person who shall, without permit,
from the licensed or leased area of another, occupy for any length of time any portion of the
without prejudice to whatever civil action the national parks system or shall, in any manner,
latter may bring against the offender. cut, destroy, damage or remove timber or any
species of vegetation or forest cover and other
natural resources found therein, or shall
Section 69. Unlawful occupation or destruction
mutilate, deface or destroy objects of natural
of forest lands. Any person who enters and
beauty or of scenic value within areas in the
occupies or possesses, or makes kaingin for his
national parks system, shall be fined not less
own private use or for others any forest land
than two hundred (P200.00) pesos or more than
without authority under a license agreement,
five hundred (P500.00) pesos exclusive of the
lease, license or permit, or in any manner
value of the thing damaged; Provided, That if
destroys such forest land or part thereof, or
the area requires rehabilitation or restoration as
causes any damage to the timber stand and
determined by the Director, the offender shall
other products and forest growths found
also be required to restore or compensate for
therein, or who assists, aids or abets any other
the restoration of the damage; Provided,
person to do so, or sets a fire, or negligently
Further, That any person who, without proper
permits a fire to be set in any forest land shall,
permit shall hunt, capture or kill any kind of
upon conviction, be fined in an amount of not
bird, fish or wild animal life within any area in
less than five hundred pesos (P500.00) nor
the national parks system shall be subject to the
more than twenty thousand pesos (P20,000.00)
same penalty; Provided, Finally, That the Court
and imprisoned for not less than six (6) months
shall order eviction of the offender from the
nor more than two (2) years for each such
land and the forfeiture in favor of the
offense, and be liable to the payment of ten (10)
Government of all timber or any species of
times the rental fees and other charges which
vegetation and other natural resources
would have been accrued had the occupation
collected or removed, and any construction or
and use of the land been authorized under a
improvement made thereon by the offender. If
license agreement, lease, license or permit:
the offender is an association or corporation,
Provided, That in the case of an offender found
the president or manager shall be directly
guilty of making kaingin, the penalty shall be
responsible and liable for the act of his
imprisoned for not less than two (2) nor more
employees or laborers.
than (4) years and a fine equal to eight (8) times
the regular forest charges due on the forest
products destroyed, without prejudice to the In the event that an official of a city or municipal
payment of the full cost of restoration of the government is primarily responsible for
occupied area as determined by the Bureau. detecting and convicting the violator of the
provisions of this Section, fifty per centum (50%)
of the fine collected shall accrue to such
The Court shall further order the eviction of the
municipality or city for the development of local
offender from the land and the forfeiture to the
parks.
Government of all improvements made and all
vehicles, domestic animals and equipment of
any kind used in the commission of the offense. Section 72. Destruction of wildlife resources. Any
If not suitable for use by the Bureau, said person violating the provisions of Section 55 of
vehicles shall be sold at public auction, the this Code, or the regulations promulgated
proceeds of which shall accrue to the thereunder, shall be fined not less than one
Development Fund of the Bureau. hundred (P100.00) pesos for each such violation
and in addition shall be denied a permit for a
period of three (3) years from the date of the
In case the offender is a government official or
violation.
employee, he shall, in addition to the above
penalties, be deemed automatically dismissed
from office and permanently disqualified from Section 73. Survey by unauthorized
holding any elective or appointive position. person. Imprisonment for not less than two (2)
nor more than four (4) years, in addition to the
confiscation of the implements used in the
Section 70. Pasturing Livestock. Imprisonment
violation of this section including the
for not less than six (6) months nor more than
cancellation of the license, if any, shall be
two (2) years and a fine equal to ten (10) times
imposed upon any person who shall, without
the regular rentals due, in addition to the
permit to survey from the Director, enter any
confiscation of such livestock and all
forest lands, whether covered by a license
improvement introduced in the area in favor of
agreement, lease, license, or permit, or not, and
the government, shall be imposed upon any
conduct or undertake a survey for whatever
person, who shall, without authority under a
purpose.
lease or permit, graze or cause to graze
livestock in forest lands, grazing lands and
alienable and disposable lands which have not Section 74. Misclassification and survey by
as yet been disposed of in accordance with the government official or employee. Any public
Public Land Act; Provided, That in case the officer or employee who knowingly surveys,
offender is a corporation, partnership or classifies, or recommends the release of forest
association, the officers and directors thereof lands as alienable and disposable lands contrary
shall be liable. to the criteria and standards established in this
Code, or the rules and regulations promulgated
hereunder, shall, after an appropriate
Section 71. Illegal occupation of national parks
administrative proceeding, be dismissed from
system and recreation areas and vandalism
the service with prejudice to re-employment,
and upon conviction by a court of competent
jurisdiction, suffer an imprisonment of not less
than one (1) year and a fine of not less than one
thousand, (P1,000.00) pesos. The survey,
classification or release of forest lands shall be
null and void.
Section 75. Tax declaration on real
property. Imprisonment for a period of not less
than two (2) nor more than four (4) years and
perpetual disqualification from holding an
elective or appointive office, shall be imposed
upon any public officer or employee who shall
issue a tax declaration on real property without
a certification from the Director of Forest
Development and the Director of Lands or their
duly designated representatives that the area
declared for taxation is alienable and disposable
lands, unless the property is titled or has been
occupied and possessed by members of the
national cultural minorities prior to July 4, 1955.
Section 76. Coercion and influence. Any person
who coerces, influences, abets or persuades the
public officer or employee referred to in the two
preceding sections to commit any of the acts
mentioned therein shall suffer imprisonment of
not less than one (1) year and pay a fine of five
hundred (P500.00) pesos for every hectare or a
fraction thereof so improperly surveyed,
classified or released.
Section 77. Unlawful possession of implements
and devices used by forest
officers. Imprisonment for a period of not less
than (2) nor more than four (4) years and a fine
of not less than one thousand pesos
(P1,000.00), nor more than ten thousand
(P10,000.00) pesos in addition to the
confiscation of such implements and devices,
and the automatic cancellation of the license
agreement, lease, license or permit, if the
offender is a holder thereof, shall be imposed
upon any person who shall, without authority
from the Director or his authorized
representative, make, manufacture, or has in his
possession any government marking, hatchet or
other marking implement, or any marker,
poster, or other devices officially used by
officers of the Bureau for the marking or
identification of timber or other products, or
any duplicate, counterfeit, or imitation thereof,
or make or apply a government mark on timber
or any other forest products by means of any
authentic or counterfeit device, or alter, deface,
or remove government marks or signs, from
trees, logs, stumps, firewoods or other forest
products, or destroy, deface, remove or
disfigure any such mark, sign, poster or warning
notices set by the Bureau to designate the
boundaries of cutting areas, municipal or city
forest or pasture, classified timber land, forest
reserve, and areas under the national park
system or to make any false mark or imitation of
any mark or sign herein indicated; Provided,
That if the offender is a corporation, partnership
or association, the officers and directors thereof
shall be liable.
Section 78. Payment, collection and remittance
of forest charges. Any person who fails to pay
the amount due and payable under the
provisions of this Code, the National Internal
Revenue Code, or the rules and regulations
promulgated thereunder, shall be liable to the
payment of a surcharge of twenty-five per
centum (25%) of the amount due and payable.
Any person who fails or refuses to remit to the
proper authorities said forest charges collectible
pursuant to the provisions of this Code or the
National Internal Revenue Code, or who delays,
obstructs or prevents the same, or who orders,
causes or effects the transfer or diversion of the
funds for purposes other than those specified in
this Code, for each such offense shall, upon
conviction, be punished by a fine of not
exceeding one hundred thousand pesos
(P100,000.00) and/or imprisonment for a period
of not exceeding six (6) years in the discretion of
the Court. If the offender is a government
official or employee, he shall, in addition, be
dismissed from the service with prejudice to
reinstatement and with disqualification from
holding any elective or appointive office.
If the offender is a corporation, partnership or
association, the officers and directors thereof
shall be liable.
Section 79. Sale of wood products. No person
shall sell or offer for sale any log, lumber,
plywood or other manufactured wood products
in the international or domestic market unless
he complies with grading rules and established
or to be established by the Government.
Failure to adhere to the established grading
rules and standards, or any act of falsification of
the volume of logs, lumber, or other forest
products shall be a sufficient cause for the
suspension of the export, sawmill, or other
license or permit authorizing the manufacture
or sale of such products for a period of not less
than two (2) years.
A duly accredited representative of the Bureau
shall certify to the compliance by the licensees
with grading rules.
Every dealer in lumber and other building
material covered by this Code shall issue an
invoice for each sale of such material and such
invoice shall state that the kind, standard and
size of material sold to each purchaser in exactly
the same as described in the invoice. Any
violation of this Section shall be sufficient
ground for the suspension of the dealer's
license for a period of not less than two (2)
years and, in addition thereto, the dealer shall
be punished for each such offense by a fine of
not less than two hundred pesos (P200.00) or
the total value of the invoice, whichever is
greater.
Republic Act No. 7832 December 8, 1994
"Anti-electricity and Electric Transmission
Lines/Materials Pilferage Act of 1994."
Section 2. Illegal Use of Electricity. - It is hereby
declared unlawful for any person, whether
natural or juridical, public or private, to:
(a) Tap, make or cause to be made any
connection with overhead lines, service drops,
or other electric service wires, without previous
authority or consent of the private electric
utility or rural electric cooperative
concerned;1awphil@alf
(b) Tap, make or cause to be made any
connection to the existing electric service
facilities of any duly registered consumer
without the latter's or the electric utility's
consent or authority;
(c) Tamper, install or use a tampered electrical
meter, jumper, current reversing transformer,
shorting or shunting wire, loop connection or
any other device which interferes with the
proper or accurate registry or metering of
electric current or otherwise results in its
diversion in a manner whereby electricity is
stolen or wasted;
(d) Damage or destroy an electric meter,
equipment, wire or conduit or allow any of
them to be so damaged or destroyed as to
interfere with the proper or accurate metering
of electric current; and
(e) Knowingly use or receive the direct benefit
of electric service obtained through any of the
acts mentioned in subsections (a), (b), (c), and
(d) above.1awphil@alf
Section 3. Theft of Electric Power Transmission
Lines and Materials. - (a) It is hereby declared
unlawful for any person to:
(1) Cut, saw, slice, separate, split, severe, smelt,
or remove any electric power transmission
line/material or meter from a tower, pole, or
any other installation or place of installation or
any other place or site where it may be
rightfully or lawfully stored, deposited, kept,
stocked, inventoried, situated or located,
without the consent of the owner, whether or
notthe act is done for profit or gain;
(2) Take, carry away or remove or transfer, with
or without the use of a motor vehicle or other
means of conveyance, any electric power
transmission line/material or meter from a
tower, pole, any other installation or place of
installation, or any place or site where it may be
rightfully or lawfully stored, deposited, kept,
stocked, inventoried, situated or located
without the consent of the owner, whether or
not the act is done for profit or gain;
(3) Store, possess or otherwise keep in his
premises, custody or control, any electric power
transmission line/material or meter without the
consent of the owner, whether or not the act is
done for profit or gain; and
(4) Load, carry, ship or move from one place to
another, whether by land, air or sea, any
electrical power transmission line/material,
whether or not the act is done for profit or gain,
without first securing a clearance/permit for the
said purpose from its owner or the National
Power Corporation (NPC) or its regional office
concerned, as the case may be.
(b) For purposes of this section, "electrical
power transmission line/material" refers to
electric power transmission steel towers,
woodpoles, cables, wires, insulators, line
hardwares, electrical conductors and other
related items with a minimum voltage of sixty-
nine kilovolts (69 kv), such as the following:
(1) Steel transmission line towers made of
galvanized steel angular members and plates or
creosoted and/or lannelized woodpoles/
concrete poles and designed to carry and
support the conductors
(2) Aluminum conductor steel reinforced (ACSR)
in excess of one hundred (100) MCM;
(3) Overhead ground wires made of 7 strands of
galvanized steel wires, 3.08 millimeters in
diameter and designed to protect the electrical
conductors from lightning strikes;
(4) Insulators made of porcelain or glass shell
and designed to insulate the electrical
conductors from steel towers or woodpoles;
and
(5) Various transmission line hardwares and
materials made of aluminum alloy or malleable
steel and designed to interconnect the towers,
conductors, ground wires, and insulators
mentioned in subparagraphs (1), (2), (3), and (4)
above for the safe and reliable operation of the
transmission lines.1awphil©
REPUBLIC ACT NO. 8041
AN ACT TO ADDRESS THE NATIONAL WATER
CRISIS AND FOR OTHER PURPOSES.
Sec. 8. Anti-Pilferage. - It is hereby declared
unlawful for any person to:
a. Destroy, damage or interfere with any canal,
raceway, ditch, lock , pier, inlet, crib, bullhead,
dam, gate, service, reservoir, aqueduct, water
mains, water distribution pipes, conduit, pipes,
wire benchmark, monument, or other works,
appliance, machinery buildings, or property of
any water utility entity, whether public or
private;
b. Do any malicious act which shall injuriously
affect the quantity or quality of water or
sewerage flow of any waterworks and/or
sewerage system, or the supply, conveyance,
measurement, or regulation thereof, including
the prevention of, or interfere with any
authorized person engaged in the discharge of
duties connected therewith;
c. Prevent, obstruct, and interfere with the
survey, works, and construction of access road
and water mains and distribution network and
any related works of the utility entity;
d. Tap, make, or cause to be made any
connection with water lines without prior
authority or consent from the water utility
concerned;
e. Tamper, install or use tampered water meters,
sticks, magnets, reversing water meters,
shortening of vane wheels and other devices of
steal water or interfere with accurate registry or
metering or water usage, or otherwise result in
its diversion in a manner whereby water is stolen
or wasted;
f. Use or receive the direct benefit or water
service with knowledge that diversion,
tampering, or illegal connection existed at the
time of that use, or that the use or receipt was
otherwise without the authorization of water
utility;
g. Steal or polfer water meters, main lines, pipes
and related or ancillary facilities;
h. Steal water for profit or resale;
i. Knowingly possess stolen or tampered water
meters ;and
j. Knowingly or willfully allow the occurrence of
any of the above.
Republic Act No. 8550
"The Philippine Fisheries Code of 1998."
Section 86. Unauthorized Fishing or Engaging in
Other Unauthorized Fisheries Activities. - No
person shall exploit, occupy, produce, breed,
culture, capture or gather fish, fry or fingerlings
of any fishery species or fishery products, or
engage in any fishery activity in Philippine
waters without a license, lease or permit.
Discovery of any person in an area where he has
no permit or registration papers for a fishing
vessel shall constitute a prima facie
presumption that the person and/or vessel is
engaged in unauthorized fishing: Provided, That
fishing for daily food sustenance or for leisure
which is not for commercial, occupation or
livelihood purposes may be allowed.
It shall be unlawful for any commercial fishing
vessel to fish in bays and in such other fishery
management areas which may hereinafter be
declared as over-exploited.
Any commercial fishing boat captain or the
three (3) highest officers of the boat who
commit any of the above prohibited acts upon
conviction shall be punished by a fine equivalent
to the value of catch or Ten thousand pesos
(P10,000.00) whichever is higher, and
imprisonment of six (6) months, confiscation of
catch and fishing gears, and automatic
revocation of license.
It shall be unlawful for any person not listed in
the registry of municipal fisherfolk to engage in
any commercial fishing activity in municipal
waters. Any municipal fisherfolk who commits
such violation shall be punished by confiscation
of catch and a fine of Five hundred pesos
(500.00).
PRESIDENTIAL DECREE No. 533 August 8, 1974
THE ANTI-CATTLE RUSTLING LAW OF 1974
Section 3. Duty of owner/raiser to register. The
owner/raiser shall, before the large cattle
belonging to him shall attain the age of six
months, register the same with the office of the
city/municipal treasurer where such large cattle
are raised. The city/municipality concerned may
impose and collect the fees authorized by
existing laws for such registration and the
issuance of a certificate of ownership to the
owner/raiser.
Section 4. Duty of city/municipal treasurers and
other concerned public officers and
employees. All public officials and employees
concerned with the registration of large cattle
are required to observe strict adherence with
pertinent provisions of Chapter 22, Section 511
to 534, of the Revised Administrative Code,
except insofar as they may be inconsistent with
the provisions of this Decree.
Section 5. Permit to buy and sell large cattle. No
person, partnership, association, corporation or
entity shall engage in the business of buy and
sell of large cattle without first securing a permit
for the said purpose from the Provincial
Commander of the province where it shall
conduct such business and the city/municipal
treasurer of the place of residence of such
person, partnership, association, corporation or
entity. The permit shall only be valid in such
province.
Section 6. Clearance for shipment of large
cattle. Any person, partnership, association,
corporation or entity desiring to ship or
transport large cattle, its hides, or meat, from
one province to another shall secure a permit
for such purpose from the Provincial
Commander of the province where the large
cattle is registered. Before issuance of the
permit herein prescribed, the Provincial
Commander shall require the submission of the
certificate of ownership as prescribed in Section
3 hereof, a certification from the Provincial
Veterinarian to the effect that such large cattle,
hides or meat are free from any disease; and
such other documents or records as may be
necessary. Shipment of large cattle, its hides or
meat from one city/municipality to another
within the same province may be done upon
securing permit from the city/municipal
treasurer of the place of origin.
Section 7. Presumption of cattle rustling. Every
person having in his possession, control or
custody of large cattle shall, upon demand by
competent authorities, exhibit the documents
prescribed in the preceding sections. Failure to
exhibit the required documents shall be prima
facie evidence that the large cattle in his
possession, control or custody are the fruits of
the crime of cattle rustling.
Section 8. Penal provisions. Any person
convicted of cattle rustling as herein defined
shall, irrespective of the value of the large cattle
involved, be punished by prision mayor in its
maximum period to reclusion temporal in its
medium period if the offense is committed
without violence against or intimidation of
persons or force upon things. If the offense is
committed with violence against or intimidation
of persons or force upon things, the penalty of
reclusion temporal in its maximum period to
reclusion perpetua shall be imposed. If a person
is seriously injured or killed as a result or on the
occasion of the commission of cattle rustling,
the penalty of reclusion perpetua to death shall
be imposed.
PRESIDENTIAL DECREE No. 1612
ANTI-FENCING LAW OF 1979
Section 2. Definition of Terms. The following
terms shall mean as follows:
(a) "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.
(b) "Fence" includes any person,
firm, association corporation or
partnership or other organization
who/which commits the act of
fencing.
ADMINISTRATIVE CIRCULAR NO. 12-2000
February 21, 2001
RE : PENALTY FOR VIOLATION OF B.P.
BLG. 22
Section 1 of B.P. Blg. 22 (An Act Penalizing the
Making or Drawing and Issuance of a Check
Without Sufficient Funds for Credit and for Other
Purposes) imposes the penalty of imprisonment
of not less than thirty (30) days but not more
than one (1) year or a fine of not less than but
not more than double the amount of the check,
which fine shall in no case exceed P200,000, or
both such fine and imprisonment at the
discretion of the court.
In its decision in Eduardo Vaca, v. Court of
Appeals (G.R. No. 131714, 16 November 1998;
298 SCRA 656, 664) the Supreme Court (Second
Division) per Mr. Justice V. Mendoza, modified
the sentence imposed for violation of B.P. Blg.
22 by deleting the penalty of imprisonment and
imposing only the penalty of fine in an amount
double the amount of the check. In justification
thereof, the Court said:
Petitioners are first-time offenders.
They are Filipino entrepreneurs who
presumably contribute to the
national economy. Apparently, they
brought this appeal, believing in all
good faith, although mistakenly that
they had not committed a violation
of B.P. Blg. 22. Otherwise, they could
simply have accepted the judgment
of the trial court and applied for
probation to evade a prison term. It
would best serve the ends of
criminal justice if in fixing the penalty
within the range of discretion
allowed by Section 1, par. 1, the
same philosophy underlying the
Indeterminate Sentence Law is
observed, namely, that of redeeming
valuable human material and
preventing unnecessary deprivation f
personal liberty and economic
usefulness with due regard to the
protection of the social order. In this
case, we believe that a fine in an
amount equal to double the amount
of the check involved is an
appropriate penalty to impose on
each of the petitioners In the recent
case of Rosa Lim v. People of the
Philippines (G. R. No. 130038, 18
September 2000), the Supreme
Court en banc, applying Vaca also
deleted the penalty of imprisonment
and sentenced the drawer of the
bounced check to the maximum of
the fine allowed by B.P. Blg. 22, i.e.,
P200,000, and concluded that “such
would best serve the ends of
criminal justice.”
Republic Act No. 9995
"Anti-Photo and Video Voyeurism Act of 2009"
Section 4. Prohibited Acts. - It is hereby
prohibited and declared unlawful for any
person:
(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.
Republic Act No. 7610
"Special Protection of Children Against Abuse,
Exploitation and Discrimination Act."
ARTICLE II
Program on Child Abuse, Exploitation and
Discrimination
Section 4. Formulation of the Program. – There
shall be a comprehensive program to be
formulated, by the Department of Justice and
the Department of Social Welfare and
Development in coordination with other
government agencies and private sector
concerned, within one (1) year from the
effectivity of this Act, to protect children against
child prostitution and other sexual abuse; child
trafficking, obscene publications and indecent
shows; other acts of abuse; and circumstances
which endanger child survival and normal
development.
ARTICLE III
Child Prostitution and Other Sexual Abuse
Section 5. 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.
Section 6. Attempt To Commit Child
Prostitution. – There is an attempt to commit
child prostitution under Section 5, paragraph (a)
hereof 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, under paragraph (b) of Section 5
hereof when 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 under Section 5 hereof
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.
ARTICLE IV
Child Trafficking
Section 7. 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.
Section 8. Attempt to Commit Child Trafficking. –
There is an attempt to commit child trafficking
under Section 7 of this Act:1awphi1@alf
(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.
ARTICLE V
Obscene Publications and Indecent Shows
Section 9. 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.
Republic Act No. 9208
"Anti-Trafficking in Persons Act of 2003"
Section 4. Acts of Trafficking in Persons. - It shall
be unlawful for any person, natural or juridical,
to commit any of the following acts:
(a) To recruit, transport, transfer;
harbor, provide, or receive a person
by any means, including those done
under the pretext of domestic or
overseas employment or training or
apprenticeship, for the purpose of
prostitution, pornography, sexual
exploitation, forced labor, slavery,
involuntary servitude or debt
bondage;
 (b) To introduce or match for money,
profit, or material, economic or
other consideration, any person or,
as provided for under Republic Act
No. 6955, any Filipino woman to a
foreign national, for marriage for the
purpose of acquiring, buying,
offering, selling or trading him/her to
engage in prostitution, pornography,
sexual exploitation, forced labor,
slavery, involuntary servitude or debt
bondage;
(c) To offer or contract marriage, real
or simulated, for the purpose of
acquiring, buying, offering, selling, or
trading them to engage in
prostitution, pornography, sexual
exploitation, forced labor or slavery,
involuntary servitude or debt
bondage;
(d) To undertake or organize tours
and travel plans consisting of tourism
packages or activities for the
purpose of utilizing and offering
persons for prostitution,
pornography or sexual exploitation;
(e) To maintain or hire a person to
engage in prostitution or
pornography;
(f) To adopt or facilitate the adoption
of persons for the purpose of
prostitution, pornography, sexual
exploitation, forced labor, slavery,
involuntary servitude or debt
bondage;
(g) To recruit, hire, adopt, transport
or abduct a person, by means of
threat or use of force, fraud, deceit,
violence, coercion, or intimidation
for the purpose of removal or sale of
organs of said person; and
(h) To recruit, transport or adopt a
child to engage in armed activities in
the Philippines or abroad.
Republic Act 7877
Anti-Sexual Harassment Act of 1995
SECTION 3. Work, Education or Training -
Related, Sexual Harassment Defined. - Work,
education or training-related sexual
harassment is committed by an employer,
employee, manager, supervisor, agent of the
employer, teacher, instructor, professor, coach,
trainor, or any other person who, having
authority, influence or moral ascendancy over
another in a work or training or education
environment, demands, requests or otherwise
requires any sexual favor from the other,
regardless of whether the demand, request
or requirement for submission is accepted by
the object of said Act.
(a) In a work-related or employment
environment, sexual harassment is committed
when:
(1) The sexual favor is made as a
condition in the hiring or in the employment,
re-employment or continued employment of
said individual, or in granting said individual
favorable compensation, terms of conditions,
promotions, or privileges; or the refusal to
grant the sexual favor results in limiting,
segregating or classifying the employee which in
any way would discriminate, deprive ordiminish
employment opportunities or otherwise
adversely affect said employee;
(2) The above acts would impair the
employee's rights or privileges under existing
labor laws; or
(3) The above acts would result in an
intimidating, hostile, or offensive environment
for the employee.
(b) In an education or training environment,
sexual harassment is committed:
(1) Against one who is under the care,
custody or supervision of the offender;
(2) Against one whose education,
training, apprenticeship or tutorship is
entrusted to the offender;
(3) When the sexual favor is made a
condition to the giving of a passing grade, or
the granting of honors and scholarships, or the
payment of a stipend, allowance or other
benefits, privileges, or consideration; or
(4) When the sexual advances result in
an intimidating, hostile or offensive
environment for the student, trainee
or apprentice.
Any person who directs or induces another
to commit any act of sexual harassment as
herein defined, or who cooperates in the
commission thereof by another without which it
would not have been committed, shall also be
held liable under this Act.
ADMINISTRATIVE CIRCULAR No. 08-2008
TO: ALL JUDGES
SUBJECT: GUIDELINES IN THE
OBSERVANCE OF A RULE OF
PREFERENCE IN THE IMPOSITION OF
PENALTIES IN LIBEL CASES.
Article 355 of the Revised Penal Code penalizes
libel, committed by means of writing, printing,
lithography, engraving, radio, phonograph,
painting, theatrical exhibition, cinematographic
exhibition, or any similar means, with prision
correctional in its minimum and medium
periods or fine ranging from 200 to 6,000
pesos, or both, in addition to the civil action
which may be brought by the offended party.
In the following cases, the Court opted to
impose only a fine on the person convicted of
the crime of libel:
In Fernando Sazon v. Court of Appeals and
People of the Philippines,1 the Court modified
the penalty imposed upon petitioner, an officer
of a homeowners’ association, for the crime of
libel from imprisonment and fine in the amount
of P200.00, to fine only of P3,000.00, with
subsidiary imprisonment in case of insolvency,
for the reason that he wrote the libelous article
merely to defend his honor against the
malicious messages that earlier circulated
around the subdivision, which he thought was
the handiwork of the private complainant.
In Quirico Mari v. Court of Appeals and People of
the Philippines,2 where the crime involved is
slander by deed, the Court modified the penalty
imposed on the petitioner, an ordinary
government employee, from imprisonment to
fine of P1,000.00, with subsidiary imprisonment
in case of insolvency, on the ground that the
latter committed the offense in the heat of
anger and in reaction to a perceived
provocation.
In Roberto Brillante v. Court of Appeals and
People of the Philippines,3 the Court deleted the
penalty of imprisonment imposed upon
petitioner, a local politician, but maintained the
penalty of fine of P4,0000.00, with subsidiary
imprisonment in case of insolvency, in each of
the (5) cases of libel, on the ground that the
intensely feverish passions evoked during the
election period in 1988 must have agitated
petitioner into writing his open letter; and that
incomplete privileged communication should be
appreciated in favor of petitioner, especially
considering the wide latitude traditionally given
to defamatory utterances against public officials
in connection with or relevant to their
performance of official duties or against public
figures in relation to matters of public interest
involving them.
In Jose Alemania Buatis, Jr. v. People of the
Philippines and Atty. Jose Pieraz,4 the Court
opted to impose upon petitioner, a lawyer, the
penalty of fine only for the crime of libel
considering that it was his first offense and he
was motivated purely by his belief that he was
merely exercising a civic or moral duty to his
client when wrote the defamatory letter to
private complainant.
The foregoing cases indicate an emergent rule
of preference for the imposition of fine only
rather than imprisonment in libel cases under
the circumstances therein specified.
All courts and judges concerned should
henceforth take note of the foregoing rule of
preference set by the Supreme Court on the
matter of the imposition of penalties for the
crime of libel bearing in mind the following
principles:
1. This Administrative
Circular does not remove
imprisonment as an
alternative penalty for
the crime libel under
Article 355 of the Revised
Penal Code;
2. The Judges concerned
may, in the exercise of
sound discretion, and
taking into consideration
the peculiar
circumstances of each
case, determine whether
the imposition of a fine
alone would best serve
the interests of justice or
whether forbearing to
impose imprisonment
would depreciate the
seriousness of the
offense, work violence on
the social order, or
otherwise be contrary to
the imperative of justice;
3. Should only a fine be
imposed and the accused
be unable to pay the fine,
there is no legal obstacle
to the application of
the Revised Penal
Code provision on
subsidiary imprisonment.
REPUBLIC ACT NO. 10175
"Cybercrime Prevention Act of 2012″.
Section 4. Cybercrime Offenses. — The following
acts constitute the offense of cybercrime
punishable under this Act:
(a) Offenses against the confidentiality, integrity
and availability of computer data and systems:
(1) Illegal Access. – The access to the whole or
any part of a computer system without right.
(2) Illegal Interception. – The interception made
by technical means without right of any non-
public transmission of computer data to, from,
or within a computer system including
electromagnetic emissions from a computer
system carrying such computer data.
(3) Data Interference. — The intentional or
reckless alteration, damaging, deletion or
deterioration of computer data, electronic
document, or electronic data message, without
right, including the introduction or transmission
of viruses.
(4) System Interference. — The intentional
alteration or reckless hindering or interference
with the functioning of a computer or computer
network by inputting, transmitting, damaging,
deleting, deteriorating, altering or suppressing
computer data or program, electronic
document, or electronic data message, without
right or authority, including the introduction or
transmission of viruses.
(5) Misuse of Devices.
(i) The use, production, sale, procurement,
importation, distribution, or otherwise making
available, without right, of:
(aa) A device, including a computer program,
designed or adapted primarily for the purpose
of committing any of the offenses under this
Act; or
(bb) A computer password, access code, or
similar data by which the whole or any part of a
computer system is capable of being accessed
with intent that it be used for the purpose of
committing any of the offenses under this Act.
(ii) The possession of an item referred to in
paragraphs 5(i)(aa) or (bb) above with intent to
use said devices for the purpose of committing
any of the offenses under this section.
(6) Cyber-squatting. – The acquisition of a
domain name over the internet in bad faith to
profit, mislead, destroy reputation, and deprive
others from registering the same, if such a
domain name is:
(i) Similar, identical, or confusingly similar to an
existing trademark registered with the
appropriate government agency at the time of
the domain name registration:
(ii) Identical or in any way similar with the name
of a person other than the registrant, in case of
a personal name; and
(iii) Acquired without right or with intellectual
property interests in it.
(b) Computer-related Offenses:
(1) Computer-related Forgery. —
(i) The input, alteration, or deletion of any
computer data without right resulting in
inauthentic data with the intent that it be
considered or acted upon for legal purposes as
if it were authentic, regardless whether or not
the data is directly readable and intelligible; or
(ii) The act of knowingly using computer data
which is the product of computer-related
forgery as defined herein, for the purpose of
perpetuating a fraudulent or dishonest design.
(2) Computer-related Fraud. — The
unauthorized input, alteration, or deletion of
computer data or program or interference in
the functioning of a computer system, causing
damage thereby with fraudulent
intent: Provided, That if no
damage has yet been caused, the penalty
imposable shall be one (1) degree lower.
(3) Computer-related Identity Theft. – The
intentional acquisition, use, misuse, transfer,
possession, alteration or deletion of identifying
information belonging to another, whether
natural or juridical, without right: Provided, That
if no damage has yet been caused, the penalty
imposable shall be one (1) degree lower.
(c) Content-related Offenses:
(1) Cybersex. — The willful engagement,
maintenance, control, or operation, directly or
indirectly, of any lascivious exhibition of sexual
organs or sexual activity, with the aid of a
computer system, for favor or consideration.
(2) Child Pornography. — The unlawful or
prohibited acts defined and punishable
by Republic Act No. 9775 or the Anti-Child
Pornography Act of 2009, committed through a
computer system: Provided, That the penalty to
be imposed shall be (1) one degree higher than
that provided for in Republic Act No.
9775.1âwphi1
(3) Unsolicited Commercial Communications. —
The transmission of commercial electronic
communication with the use of computer
system which seek to advertise, sell, or offer for
sale products and services are prohibited
unless:
(i) There is prior affirmative consent from the
recipient; or
(ii) The primary intent of the communication is
for service and/or administrative
announcements from the sender to its existing
users, subscribers or customers; or
(iii) The following conditions are present:
(aa) The commercial electronic communication
contains a simple, valid, and reliable way for the
recipient to reject. receipt of further
commercial electronic messages (opt-out) from
the same source;
(bb) The commercial electronic communication
does not purposely disguise the source of the
electronic message; and
(cc) The commercial electronic communication
does not purposely include misleading
information in any part of the message in order
to induce the recipients to read the message.
(4) Libel. — The unlawful or prohibited acts of
libel as defined in Article 355 of the Revised
Penal Code, as amended, committed through a
computer system or any other similar means
which may be devised in the future.
Section 5. Other Offenses. — The following acts
shall also constitute an offense:
(a) Aiding or Abetting in the Commission of
Cybercrime. – Any person who willfully abets or
aids in the commission of any of the offenses
enumerated in this Act shall be held liable.
(b) Attempt in the Commission of Cybercrime.
— Any person who willfully attempts to commit
any of the offenses enumerated in this Act shall
be held liable.
REPUBLIC ACT 10913 OR THE ANTI-DISTRACTED
DRIVING ACT
What is RA 10913 or the Anti-Distracted Driving
Act?
RA 10913 or the Anti-Distracted Driving Act is
a new law that prohibits motorists from using
communication devices and other electronic
entertainment and computing
gadgets while vehicles are in motion or
temporarily stopped on a traffic light or an
intersection. A motorist, as defined under this
law, is a person who is driving motor vehicle.
2. What vehicles are covered by this Act?
This act covers both public and private
vehicles. It also covers wheeled agricultural
machineries, construction equipment, and other
forms of conveyances such as bicycles,
pedicabs, trolleys, "habal-habal", "kuligligs",
wagons, carriages and carts that may either be
human-powered or pulled by an animal as long
as the same are operated or
driven in public thoroughfares, highways or
streets.
3. What does this law prohibit?
Prohibited acts made while driving include
but not limited to: making or receiving calls,
writing, sending or reading text-based
communications, playing games, watching
movies, performing calculations, reading e-
books, composing messages and surfing or
browsing the internet.
4. What are the actions exempted from this law?
Motorists are allowed to use their devices to
make or take emergency calls to authorities in
case of a crime, accidents, bomb or terrorist
threat, fire or explosion, instances
needing immediate medical attention, or
when personal safety and security is
compromised.
Republic Act No. 8750
"Seat Belts Use Act of 1999."
Section 4. Mandatory Use of Seat Belts. — For
their own safety, the driver and front seat
passengers of a public or private motor vehicle
are required to wear or use their seat belt
devices while inside a vehicle of running engine
on any road or thoroughfare: Provided, That for
private vehicles, except for jeeps, jeepneys,
vans, buses and such other private vehicles as
may be determined in the Implementing Rules
and Regulations (IRR), front and back seat
passengers are likewise required to use their
seat belt devices at all times.
In the case of public motor vehicles, the driver
shall be required to immediately inform and
require the front seat passengers upon boarding
a vehicle of running engine to wear the
prescribed seat belts. Any passenger who
refuses to wear seat belts shall not be allowed
to continue his/her trip.
For special public service vehicles such as school
services and other similar vehicles as may be
determined by the IRR, seat belt devices should
be provided and used by both drivers and front
seat passengers as defined herein and the first
row passengers immediately behind the driver
at all times while inside a vehicle of running
engine.
Operational motor vehicles, both public and
private, which are not equipped with the
required seat belt devices, are given one (1)
year from the issuance of the IRR by the Land
Transportation Office (LTO) to retrofit
appropriate seat belt devices in their vehicles.
Section 5. Children Prohibited to Sit in Front
Seat. — Infants and/or children with ages six (6)
years and below shall be prohibited to sit in the
front seat of any running motor vehicle.
Section 6. Coverage. — This Act, in the interest
of public safety, shall apply to drivers and front
seat passengers of public and private motor
vehicles and other vehicles as may be
determined by the IRR thereon.
REPUBLIC ACT No. 4136
AN ACT TO COMPILE THE LAWS RELATIVE TO
LAND TRANSPORTATION AND TRAFFIC RULES, TO
CREATE A LAND TRANSPORTATION COMMISSION
AND FOR OTHER PURPOSES
CHAPTER V
PENAL AND OTHER PROVISIONS
ARTICLE I
Penalties
Section 56. Penalty for violation. - The following
penalties shall be imposed for violations of this
Act:
(a) For registering later than seven
days after acquiring title to an
unregistered motor vehicle or after
conversion of a registered motor
vehicle requiring larger registration
fee than that for which it was
originally registered, or for renewal
of a delinquent registration, the
penalty shall be a fine fifty per cent
of the registration fees
corresponding to the portion of the
year for which the vehicle is
registered for use.
(b) For failure to sign driver's license
or to carry same while driving,
twenty pesos fine.
(c) Driving a vehicle with a
delinquent or invalid driver's license,
fifty pesos fine.
(d) Driving a motor vehicle with
delinquent, suspended or invalid
registration, or without registration
or without the proper license plate
for the current year, three hundred
pesos fine.
(e) Driving a motor vehicle without
first securing a driver's license, three
hundred pesos fine.
(f) Driving a motor vehicle while
under the influence of liquor or
narcotic drug, a fine of not less than
two hundred pesos nor more than
five hundred pesos, or imprisonment
of not more than three months, or
both, at the discretion of the Court.
(g) Violation of Section thirty-two,
thirty-four (a), (b) and (b-1), thirty-
five and forty-six a fine not
exceeding one hundred pesos:
Provided, however, That in the case
of violation of Section 34 (b) the
vehicle or vehicles affected may not
be allowed to operate unless the
requirements provided in this
section are complied with.
(h) Violations of Sections forty-nine,
fifty and fifty-two, a fine not
exceeding fifty pesos.
(i) For making, using or attempting to
make or use a driver's license, badge,
certificate or registration, number
plate, tag or permit in imitation or
similitude of those issued under this
Act, or intended to be used as or for
a legal license, badge, certificate,
plate, tag or permit or with intent to
sell or otherwise dispose of the same
to another, or false or fraudulently
represent as valid and in force any
driver's license, badge, certificate,
plate, tag or permit issued under this
Act which is delinquent or which has
been suspended or revoked, a fine of
not exceeding three hundred pesos.
(j) For using private passenger
automobiles, private trucks, private
motorcycles, and motor wheel
attachments for hire, in violation of
Section seven, subsections (a), (b),
and (c), of this Act, a fine of two
hundred pesos and suspension of
driver's license for a period of three
months for the first conviction; a fine
of three hundred pesos and six
months imprisonment for the
second conviction; and an
imprisonment of one year and
permanent revocation of the driver's
license for the third conviction.

(k) For permitting, allowing,

consenting to, or tolerating the use
of a privately-owned motor vehicle
for hire in violation of Section seven,
subsections (a), (b), and (c), of this
Act, there shall be imposed upon the
owner of the vehicle a fine of five
hundred pesos and the certificate of
registration shall be suspended for a
period of three months for the first
conviction, and an increase of one
hundred pesos in the fine and one
month's suspension of the
registration for each subsequent
conviction.

(l) For violation of any provisions of

this Act or regulations promulgated
pursuant hereto, not hereinbefore
specifically punished, a fine of not
less than ten or more than fifty
pesos shall be imposed.

(m) In the event an offender cannot

pay any fine imposed pursuant to
the provisions of this Act, he shall be
made to undergo subsidiary
imprisonment as provided for in the
Revised Penal Code.

(n) If, as the result of negligence or

reckless or unreasonable fast driving,
any accident occurs resulting in
death or injury of any person, the
motor vehicle operator at fault shall,
upon conviction, be punished under
the provisions of the Revised Penal
Code.