SPECIAL LAWS

LIST OF PENALTIES AND PRESCRIPTIVE PERIOD

BANKING LAWS

SPECIAL LAW VIOLATION IMPRISONMENT FINE PRESCRIPTIVE PERIOD

RA 1405- BANK Violation of Secrecy of Peso Not exceeding 5 years Not Exceeding NA
SECRECY LAW Currency Deposit P20,000

RA 6426- FOREIGN Violation of Secrecy of FOREIGN 1-5 years P5,000-25,000 NA

CURRENCY Currency Deposit
DEPOSITS

RA 3591- PDIC ACT Splitting of Deposits Not less than 6 mos- Php 50,000- Php 10M NA
(BOTH, at discretion of COURT) not more than 12 years

Failure to settle claim within 6 6 mos- 1 year NA NA

months
Involved: PDIC Officers
EXPN: Resolution of issues of
facts

RA 3765- TILA FAILURE to disclose NA P100 or TWICE the 1 YEAR from

amount of CHARGE OCCURENCE
MAXIMUM: P2,000

WILLFUL neglect 6 mos- 1 year P1,000-P5,000 1 YEAR FROM

(BOTH, at DISCRETION of COURT) OCCURENCE

BP 22- ANTI Issuance of WORTHLESS checks / Not less than 30 days- 1 Not less than but 4 YEARS FROM
BOUNCING Failure to maintain SUFFICIENT year NOT MORE THAN COMMISSION OF THE
CHECKS funds DOUBLE the amount OFFENSE
of check If unknown: DISCOVERY
MAXIMUM: 200K
 E-COMMERCE ACT (RA 8792)

UNLAWFUL ACT DESCRIPTION IMPRISONMENT FINE

HACKING or - Unauthorized access into or interference

CRACKLING in a computer system/server/ or
information and communications system

- Any access in order to corrupt, alter,

steal, or destroy using a computer or
other similar information and MIN- P100k
communication W/O the knowledge or MAX- damage incurred 6 mos to 3 years
consent of the owner

PIRACY - Unauthorized copying, reproduction,

dissemination, importation, use, removal,
alteration making available to the public

- Violations of the Consumer Act of RA

7394 and other relevant to pertinent laws Penalties provided in those laws
through transaction covered by using
EDM/ED

- Other violations of the provisions of the MAX- P1,000,000 MAX- 6 years

E-Commerce ACT
 EASE OF DOING BUSINESS ACT (RA 11032)

VIOLATION PENALTY

1st Offense: 6 months suspension

2nd offense: - Perpetual disqualification from

IMPRISONMENT FINE
holding public office
- Dismissal from service
1-6 YEARS Php 500k- 2M
- Forfeiture of retirement benefits

RELEVANT PERIODS

TRANSACTION PROCESSING TIME EXTENSION

SIMPLE TRANSACTIONS 3 WORKING DAYS Only ONCE, same number of days

COMPLEX TRANSACTIONS 7 WORKING DAYS Only ONCE, same number of days

TECHNICAL TRANSACTIONS 20 WORKING DAYS OR DETERMINED BY Only ONCE, same number of days
GOVT (whichever is shorter)

REQUIRED- APPROVAL OF LOCAL 45 WORKING DAYS Only ONCE, 20 working days

SANGGUNIAN

Issuance of FSIC and FSEC 7 WORKING DAYS NA

RENEWAL
BFP must submit to the municipality the
NOTE: It is the business owner’s obligation to FSIC or positive or negative list within 3 NA, DEEMED COMPLIED WITH once
inform BFP for any renovations done on the working days BFP not acted upon the request
building within 30 days before the expiration
of the certificate
 CERTIFICATE OF FIRE INSURANCE 20 WORKING DAYS Only ONCE, same number of days

HOMEOWNERS ASSOCIATION 10 WORKING DAYS Only ONCE, 30 days

Barangay, LGU, NGA clearance for 7 WORKING DAYS 20 WORKING DAYS

Interconnectivity / Infrastructure Development

OTHER RELEVANT PERIODS

EXPIRATION OF BUSINESS PERMIT: 1 YEAR; may be RENEWED

(a) First MONTH of the YEAR
(b) Anniversary Month

IMPLEMENTATION OF E-BOSS: Within 3 years after the effectivity of this Act

PHILIPPINE LEMON LAW (RA 10642)

NON-DISCLOSURE TO BUYER OF MOTOR VEHICLE SOLD THRU RESALE:

FINE: Minimum of 100k

 DATA PRIVACY ACT (RA 10173)

UNLAWFUL ACT and DESCRIPTION TYPE OF INFORMATION IMPRISONMENT FINE

1. UNAUTHORIZED PROCESSING-
Any person who processes personal information without the consent of 1-3 years PHP 500,000- 1,000,000
the data subject / without being authorized under the Act. Personal Information

2. ACCESS
Any person, DUE TO NEGLIGENCE, provided access to information Sensitive Personal 3-6 years PHP 500,000- 2,000,000
without being authorized under the Act. Information

3. IMPROPER DISPOSAL
Any person who knowingly or negligently disposes, discard, or abandon Personal Information 6 mos- 2 years Php 100,000- 500,000
the personal information of an individual in an area accessible to the
public.

Sensitive Personal Php 100,000- 1,000,000

Information 1-3 years

4. INTENTIONAL BREACH BOTH INFO PHP 500,000 - 2,000,000

5. CONCEALMENT OF BREACH 1 year and 6

BOTH INFO mos- 5 years Php 500,000 to 1,000,000

6. MALICIOUS DISCLOSURE
With malice and bad faith, discloses unwarranted or false information
relative to information obtained by him.

7. UNAUTHORIZED DISCLOSURE Php 500,000- 1,000,000

Discloses to a third party info, not covered by Malicious Disclosure. Personal Information 1-3 years

Sensitive Personal 3-5 years Php 500,000 - 2,000,000

Information

8.. COMBINATION OR SERIES OF ACTS BOTH INFO 3-6 years Php 1,000,000- 5,000,000
 PHILIPPINE COMPETITION ACT (RA 10667)

VIOLATION PENALTY

Administrative Fines:
(1) Anti Competitive Agreements 1ST OFFENSE: P100M
(2) Abuse of Dominant Position 2ND OFFENSE: P100-200M
(3) Compulsory Notification on Mergers and
Acquisitions
(4) Prohibited Mergers and Acquisitions

P50k-2,000,000 for each violation + penalty for the SAME

amount for each day thereafter until the said entity fully
Failure to comply with an order of the commission complies
ACCRUAL: begins after 45th day from the time the said
decision was received

Supply of incorrect or misleading information (whether Up to P1,000,000

negligently or intentionally)

Other violations not specifically penalized in this Act Php 50k-2,000,000

● Shall be increased by the Commission every 5 years

CRIMINAL PENALTIES PENALTY

2-7 years, fine not less than P50M but not more than
Entity that enters into any anti-competitive agreement P250M for each and every violation
 CONSUMER PROTECTION ACT (RA 7394)

VIOLATION IMPRISONMENT FINE

Deceptive Sales, Acts, & Practices Not more than 1 year P5,000-10,000
*or BOTH, upon discretion of the court

Price Tag Requirement

*or BOTH, upon discretion of the court
*MAY ALSO CARRY WITH IT THE 1-6 months P200-5,000
PENALTY OF REVOCATION OF
BUSINESS PERMIT AND LICENSE

Labeling and Fair Packaging of Food /

Cosmetics / Drug / Device / Hazardous 3 months- 2 years P500-20,000
Substance
*or BOTH, upon discretion of the court

Not any of the above 1 month- 1 year P200-5,000

*or BOTH, upon discretion of the court

Consumer Product & Service Warranty

- Governed by CIVIL CODE
*or BOTH, upon discretion of the court 2-3 years P500-5,000
*WITHOUT ANY PREJUDICE TO ANY
LIABILITY INDURRED UNDER THE
WARRANTY / GUARANTEE

Prohibited Acts OTHER THAN the Art 67

*or BOTH, upon discretion of the court 1-5 years P1,000-50,000
 INTELLECTUAL PROPERTY CODE (RA 8293, as amended by RA 10372)

VIOLATION IMPRISONMENT FINE

Trademark Infringement 2-5 years P50,000-200K

Copyright Infringement 1-3 years P50,000-150K

Patent Infringement Not less than 6 months to 3 years P100,000-300K

*Criminal Action for Repetition of Infringement *prescribed in 3 years from the date of
commencement of the crime

OTHER RELEVANT PERIODS UNDER THE ACT

TRADEMARK

PRIORITY CLAIM:
(a) Filed within 6 months from filing of priority application
(b) Certified copy of priority application within 3 months from filing date

DURATION OF PROTECTION: 10 YEARS FROM REGISTRATION, renewable

DECLARATION OF ACTUAL USE:

- Within 3 years from the filing date of application, extendible for another 6 months
- ANOTHER DAU within 1 year on 5th anniversary of the date of registration
- ANOTHER DAU within 1 year from renewal date

CANCELLATION OF REGISTRATION: WITHIN 5 YEARS from the date of registration

COPYRIGHT

GENERAL: LIFE OF THE AUTHOR + 50 YEARS AFTER HIS DEATH

Starting Date of 50 years: Every January

JOINT OWNERSHIP: Life of the last surviving author + 50 years after his death

ANONYMOUS OR PSEUDONYMOUS WORKS: 50 years from the date on which the work was first
lawfully published
- If the author’s identity is known- General terms of protection shall apply
- If not published: 50 years from the making of the work

WORKS OF APPLIED ART: 25 years from the date of making

PHOTOGRAPHIC WORKS, AUDIO-VISUAL WORKS : 50 years from publication, if not, from making

PERFORMERS:
- Performance without recordings- 50 years from the end of the year in which the performance took
place
- Performance with sound or image recordings- 50 years from the end of the year the recording took
place

BROADCASTS: 20 years from the date the broadcast took place

PATENT
UTILITY PATENT- 7 years of protection, no possibility of withdrawal

INDUSTRIAL design- 2 consecutive period of 5 years

PRIORITY CLAIMS:
- Local application within 12 months from the priority date
- Certified copy of priority application within 3 months

PROTECTION TERMS: 20 years from filing date of FIRST PUBLICATION, in which the first publication is
within 18 months from filing date
 SSS LAW (SSS Act of 2018)

PENAL CLAUSES

OFFENSE PENALTY

False representation Prision Correccional (suspension from public

office) + FINE OF NOT MORE THAN 5K

Unauthorized receipt of payment with intent to

defraud FINE: P5,000-20,000
(BOTH, at discretion of COURT) IMPRISONMENT: 6 years and 1 day - 12 years

Whoever defraud, alters, makes any device

prescribed by the Commission
(BOTH, at discretion of COURT)

Whoever fails to comply with the provisions of the FINE: P500-5,000

Act IMPRISONMENT: 6 months- 1 year

Failure / Refusal to register employees FINE: P5,000-20,000

IMPRISONMENT: 6 years and 1 day - 12 years

MALVERSATION OF PUBLIC FUNDS:

AMOUNT EMBEZZLED PENALTY

< 40k Prision Correccional, medium & maximum

 > 40k - 1.2M Prision Mayor, minimum and medium

> 1.2M- 2.4M Prision Mayor maximum to reclusion temporal

> 2.4M- 4.4M Reclusion temporal, medium & maximum

> 4.4M- 8.8M Reclusion temporal, maximum

> 8.8M Reclusion Perpetua

FINE= equal to the amount embezzled

OTHER: PERPETUAL SPECIAL DISQUALIFICATION

EMPLOYER’S FAILURE TO REMIT

AMOUNT INVOLVED PENALTY

< 40k Arresto Mayor in its medium & maximum

> 40k - 1.2M Arresto mayor it its maximum & correccional in its
minimum

> 1.2M- 2.4M Prisión Correccional in minimum & maximum

> 2.4M- 4.4M Prision correccional- maximum period

Prision Mayor- minimum

> 4.4M- 8.8M Reclusion temporal, maximum

> 8.8 M Prision mayor- maximum; one year for additional

2M, shall not exceed 20 years