Title 8 – Crimes Against Persons, Book Two, Revised Penal Code

December 20, 2022

Chapter One: Destruction of Life

Section One. – Parricide, murder, homicide

Article 246. Parricide. – Any person who shall kill his father, mother, or child, whether legitimate or
illegitimate, or any of his ascendants, or descendants, or his spouse, shall be guilty of parricide and shall
be punished by the penalty of reclusion perpetua to death.

Article 247. Death or physical injuries inflicted under exceptional circumstances. – Any legally married
person who having surprised his spouse in the act of committing sexual intercourse with another person,
shall kill any of them or both of them in the act or immediately thereafter, or shall inflict upon them any
serious physical injury, shall suffer the penalty of destierro.

If he shall inflict upon them physical injuries of any other kind, he shall be exempt from punishment.

These rules shall be applicable, under the same circumstances, to parents with respect to their daughters
under eighteen years of age, and their seducer, while the daughters are living with their parents.

Any person who shall promote or facilitate the prostitution of his wife or daughter, or shall otherwise have
consented to the infidelity of the other spouse shall not be entitled to the benefits of this article.

Article 248. Murder. – Any person who, not falling within the provisions of Article 246 shall kill another, shall
be guilty of murder and shall be punished by reclusion temporal in its maximum period to death, if
committed with any of the following attendant circumstances:

1. With treachery, taking advantage of superior strength, with the aid of armed men, or employing means
to weaken the defense or of means or persons to insure or afford impunity.

2. In consideration of a price, reward, or promise.

3. By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment or assault
upon a street car or locomotive, fall of an airship, by means of motor vehicles, or with the use of any other
means involving great waste and ruin.

4. On occasion of any of the calamities enumerated in the preceding paragraph, or of an earthquake,

eruption of a volcano, destructive cyclone, epidemic or other public calamity.

5. With evident premeditation.

6. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or
scoffing at his person or corpse.

Article 249. Homicide. – Any person who, not falling within the provisions of Article 246, shall kill another
without the attendance of any of the circumstances enumerated in the next preceding article, shall be
deemed guilty of homicide and be punished by reclusion temporal.

Article 250. Penalty for frustrated parricide, murder or homicide. – The courts, in view of the facts of the
case, may impose upon the person guilty of the frustrated crime of parricide, murder or homicide, defined
and penalized in the preceding articles, a penalty lower by one degree than that which should be imposed
under the provision of Article 50.

The courts, considering the facts of the case, may likewise reduce by one degree the penalty which under
Article 51 should be imposed for an attempt to commit any of such crimes.

Article 251. Death caused in a tumultuous affray. – When, while several persons, not composing groups
organized for the common purpose of assaulting and attacking each other reciprocally, quarrel and assault
each other in a confused and tumultuous manner, and in the course of the affray someone is killed, and it
cannot be ascertained who actually killed the deceased, but the person or persons who inflicted serious
physical injuries can be identified, such person or persons shall be punished by prision mayor.

If it cannot be determined who inflicted the serious physical injuries on the deceased, the penalty of prision
correccional in its medium and maximum periods shall be imposed upon all those who shall have used
violence upon the person of the victim.

Article 252. Physical injuries inflicted in a tumultuous affray. – When in a tumultuous affray as referred to in
the preceding article, only serious physical injuries are inflicted upon the participants thereof and the
person responsible thereof cannot be identified, all those who appear to have used violence upon the
person of the offended party shall suffer the penalty next lower in degree than that provided for the
physical injuries so inflicted.

When the physical injuries inflicted are of a less serious nature and the person responsible therefor cannot
be identified, all those who appear to have used any violence upon the person of the offended party shall
be punished by arresto mayor from five to fifteen days.

Article 253. Giving assistance to suicide. – Any person who shall assist another to commit suicide shall
suffer the penalty of prision mayor; if such person leads his assistance to another to the extent of doing
the killing himself, he shall suffer the penalty of reclusion temporal.

However, if the suicide is not consummated, the penalty of arresto mayor in its medium and maximum
periods, shall be imposed.

Article 254. Discharge of firearms. – Any person who shall shoot at another with any firearm shall suffer the
penalty of prision correccional in its minimum and medium periods, unless the facts of the case are such
that the act can be held to constitute frustrated or attempted parricide, murder, homicide or any other
crime for which a higher penalty is prescribed by any of the articles of this Code.

Section Two. – Infanticide and abortion.

Article 255. Infanticide. – The penalty provided for parricide in Article 246 and for murder in Article 248
shall be imposed upon any person who shall kill any child less than three days of age.

If the crime penalized in this article be committed by the mother of the child for the purpose of concealing
her dishonor, she shall suffer the penalty of prision correccional in its medium and maximum periods, and
if said crime be committed for the same purpose by the maternal grandparents or either of them, the
penalty shall be prision mayor.

Article 256. Intentional abortion. – Any person who shall intentionally cause an abortion shall suffer:

1. The penalty of reclusion temporal, if he shall use any violence upon the person of the pregnant woman.

2. The penalty of prision mayor if, without using violence, he shall act without the consent of the woman.

3. The penalty of prision correccional in its medium and maximum periods, if the woman shall have
consented.

Article 257. Unintentional abortion. – The penalty of prision correccional in its minimum and medium period
shall be imposed upon any person who shall cause an abortion by violence, but unintentionally.

Article 258. Abortion practiced by the woman herself of by her parents. – The penalty of prision
correccional in its medium and maximum periods shall be imposed upon a woman who shall practice
abortion upon herself or shall consent that any other person should do so.

Any woman who shall commit this offense to conceal her dishonor, shall suffer the penalty of prision
correccional in its minimum and medium periods.
If this crime be committed by the parents of the pregnant woman or either of them, and they act with the
consent of said woman for the purpose of concealing her dishonor, the offenders shall suffer the penalty of
prision correccional in its medium and maximum periods.

Art. 259. Abortion practiced by a physician or midwife and dispensing of abortives. – The penalties
provided in Article 256 shall be imposed in its maximum period, respectively, upon any physician or
midwife who, taking advantage of their scientific knowledge or skill, shall cause an abortion or assist in
causing the same.

Any pharmacist who, without the proper prescription from a physician shall dispense any abortive shall
suffer arresto mayor and a fine not exceeding One hundred thousand pesos (₱100,000). (As amended by
R.A. 10951)

Section Three. – Duel

Article 260. Responsibility of participants in a duel. – The penalty of reclusion temporal shall be imposed
upon any person who shall kill his adversary in a duel.

If he shall inflict upon the latter physical injuries only, he shall suffer the penalty provided therefor,
according to their nature.

In any other case, the combatants shall suffer the penalty of arresto mayor, although no physical injuries
have been inflicted.

The seconds shall in all events be punished as accomplices.

Article 261. Challenging to a duel. – The penalty of prision correccional in its minimum period shall be
imposed upon any person who shall challenge another, or incite another to give or accept a challenge to a
duel, or shall scoff at or decry another publicly for having refused to accept a challenge to fight a duel.

Chapter Two: Physical Injuries

Article 262. Mutilation. – The penalty of reclusion temporal to reclusion perpetua shall be imposed upon
any person who shall intentionally mutilate another by depriving him, either totally or partially, or some
essential organ of reproduction.

Any other intentional mutilation shall be punished by prision mayor in its medium and maximum periods.

Article 263. Serious physical injuries. – Any person who shall wound, beat, or assault another, shall be
guilty of the crime of serious physical injuries and shall suffer:

1. The penalty of prision mayor, if in consequence of the physical injuries inflicted, the injured person shall
become insane, imbecile, impotent, or blind;

2. The penalty of prision correccional in its medium and maximum periods, if in consequence of the
physical injuries inflicted, the person injured 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, or shall have become incapacitated for the work in which he was therefor habitually engaged;

3. The penalty of prision correccional in its minimum and medium periods, if in consequence of the
physical injuries inflicted, the person injured shall have 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 of
the work in which he as habitually engaged for a period of more than ninety days;

4. The penalty of arresto mayor in its maximum period to prision correccional in its minimum period, if the
physical injuries inflicted shall have caused the illness or incapacity for labor of the injured person for more
than thirty days.

If the offense shall have been committed against any of the persons enumerated in Article 246, or with
attendance of any of the circumstances mentioned in Article 248, the case covered by subdivision number
1 of this Article shall be punished by reclusion temporal in its medium and maximum periods; the case
covered by subdivision number 2 by prision correccional in its maximum period to prision mayor in its
minimum period; the case covered by subdivision number 3 by prision correccional in its medium and
maximum periods; and the case covered by subdivision number 4 by prision correccional in its minimum
and medium periods.

The provisions of the preceding paragraph shall not be applicable to a parent who shall inflict physical
injuries upon his child by excessive chastisement.

Article 264. Administering injurious substances or beverages. – The penalties established by the next
preceding article shall be applicable in the respective case to any person who, without intent to kill, shall
inflict upon another any serious, physical injury, by knowingly administering to him any injurious substance
or beverages or by taking advantage of his weakness of mind or credulity.

Art. 265. Less serious physical injuries. – Any person who shall inflict upon another physical injuries not
described in the preceding articles, but which shall incapacitate the offended party for labor for ten (10)
days or more, or shall require medical assistance for the same period, shall be guilty of less serious
physical injuries and shall suffer the penalty of arresto mayor.

Whenever less serious physical injuries shall have been inflicted with the manifest intent to insult or offend
the injured person, or under circumstances adding ignominy to the offense, in addition to the penalty of
arresto mayor, a fine not exceeding Fifty thousand pesos (₱50,000) shall be imposed.

Any less serious physical injuries inflicted upon the offender’s parents, ascendants, guardians, curators,
teachers, or persons of rank, or persons in authority, shall be punished by prisión correccional in its
minimum and medium periods: Provided, That in the case of persons in authority, the deed does not
constitute the crime of assault upon such persons. (As amended by R.A. 10951)

Art. 266. Slight physical injuries and maltreatment. – The crime of slight physical injuries shall be punished:

1. By arresto mayor when the offender has inflicted physical injuries which shall incapacitate the offended
party for labor from one (1) days to nine (9) days, or shall require medical attendance during the same
period.

2. By arresto menor or a fine not exceeding Forty thousand pesos (₱40,000) and censure when the
offender has caused physical injuries which do not prevent the offended party from engaging in his
habitual work nor require medical assistance.

3. By arresto menor in its minimum period or a fine not exceeding Five thousand pesos (₱5,000) when the
offender shall ill-treat another by deed without causing any injury. (As amended by R.A. 10951)

Types of Criminal Offenses

Although there are many different kinds of crimes, criminal acts can generally be divided into five primary
categories: crimes against a person, crimes against property, inchoate crimes, statutory crimes, and
financial crimes.

Crimes Against a Person

Crimes against a person are those that result in physical or mental harm to another person. They can be
divided into two main categories, forms of homicide and other violent crimes. Where the physical harm
to another individual is so severe that it causes death, a defendant may be charged with any one of
several types of homicide, including, for example, first-degree murder, voluntary manslaughter,
or vehicular homicide. Conversely, violent crimes, which are also very severe, include:

Penalties

Crimes against a person often carry the steepest penalties.

 assault and battery

  arson

 child abuse

 domestic abuse

 kidnapping

 rape and statutory rape

Crimes Against Property

Crimes against property typically involve interference with the property of another party. Although they
may involve physical or mental harm to another, they primarily result in the deprivation of the use or
enjoyment of property. Many property crimes are theft crimes,
including burglary, larceny, robbery, auto theft, and shoplifting.

Inchoate Crimes

Inchoate crimes refer to those crimes that were initiated but not completed, and acts that assist in the
commission of another crime. Inchoate crimes require more than a person simply intending or hoping to
commit a crime. Rather, the individual must take a “substantial step” towards the completion of the crime
in order to be found guilty. Inchoate crimes include aiding and abetting, attempt, and conspiracy. In
some cases, inchoate crimes can be punished to the same degree that the underlying crime would be
punished, while in other cases, the punishment might be less severe.

Statutory Crimes

Statutory crimes include those crimes, in addition to the crimes discussed above, which are proscribed by
statute. Three significant types of statutory crimes are alcohol related crimes, drug crimes, traffic
offenses, and financial/white collar crimes. These crimes are specifically prohibited by statute because
society hopes to deter individuals from engaging in them. Alcohol-related crimes include a variety of
offenses regarding how and where alcohol can be consumed, such as:

Overlap

Statutory crimes may overlap with other types of crimes.

 Driving Under the Influence (DUI/OWI/DWI)

 Open Container Violations

 Minor in Possession of Alcohol

 Public Intoxication

 Underage DUI

 Boating DUI

 Selling and Supplying Alcohol to Minors

 Refusing to Perform a Field Sobriety Test

 Refusing to Perform a Breathalyzer or Provide a Blood Sample

Drug crimes concern any involvement in the creation or distribution of drugs, including drug
possession, drug manufacturing, and drug trafficking. One area of criminal law that is currently
receiving a great deal of attention is the regulation and prosecution of drug crimes related to medical
marijuana. Due to state trends toward the legalization of medical marijuana, this is an area of criminal
law that is in flux.
Traffic offenses include crimes that may arise while an individual is driving a vehicle on public roadways.
Because a DUI/OWI/DWI involves both alcohol and the use of a vehicle, it is considered both an alcohol
related crime and a traffic offense. Additional traffic offenses include driving on a suspended or
revoked license, driving without a license, hit-and-run accidents, reckless driving, and vehicular
assault. Where a traffic offense results in death, it can be charged as a far more serious crime, such as a
form of homicide.

Financial and Other Crimes

Finally, financial crimes often involve deception or fraud for financial gain. Although white-collar crimes
derive their name from the corporate officers who historically perpetrated them, anyone in any industry
can commit a white-collar crime. These crimes include many types
of fraud and blackmail, embezzlement and money laundering, tax evasion, and cybercrime.

BILL OF RIGHTS

SECTION 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall
any person be denied the equal protection of the laws.

SECTION 2. The right of the people to be secure in their persons, houses, papers, and effects against
unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no
search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by
the judge after examination under oath or affirmation of the complainant and the witnesses he may
produce, and particularly describing the place to be searched and the persons or things to be seized.

SECTION 3. (1) The privacy of communication and correspondence shall be inviolable except upon lawful
order of the court, or when public safety or order requires otherwise as prescribed by law.

(2) Any evidence obtained in violation of this or the preceding section shall be inadmissible for any
purpose in any proceeding.

SECTION 4. No law shall be passed abridging the freedom of speech, of expression, or of the press, or the
right of the people peaceably to assemble and petition the Government for redress of grievances.

SECTION 5. No law shall be made respecting an establishment of religion, or prohibiting the free exercise
thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or
preference, shall forever be allowed. No religious test shall be required for the exercise of civil or political
rights.

SECTION 6. The liberty of abode and of changing the same within the limits prescribed by law shall not
be impaired except upon lawful order of the court. Neither shall the right to travel be impaired except in
the interest of national security, public safety, or public health, as may be provided by law.

SECTION 7. The right of the people to information on matters of public concern shall be recognized.
Access to official records, and to documents, and papers pertaining to official acts, transactions, or
decisions, as well as to government research data used as basis for policy development, shall be afforded
the citizen, subject to such limitations as may be provided by law.

SECTION 8. The right of the people, including those employed in the public and private sectors, to form
unions, associations, or societies for purposes not contrary to law shall not be abridged.

SECTION 9. Private property shall not be taken for public use without just compensation.

SECTION 10. No law impairing the obligation of contracts shall be passed.

SECTION 11. Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not
be denied to any person by reason of poverty.

SECTION 12. (1) Any person under investigation for the commission of an offense shall have the right to
be informed of his right to remain silent and to have competent and independent counsel preferably of his
own choice. If the person cannot afford the services of counsel, he must be provided with one. These rights
cannot be waived except in writing and in the presence of counsel.

(2) No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be
used against him. Secret detention places, solitary, incommunicado, or other similar forms of detention are
prohibited.

(3) Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in
evidence against him.

(4) The law shall provide for penal and civil sanctions for violations of this section as well as
compensation to and rehabilitation of victims of torture or similar practices, and their families.

SECTION 13. All persons, except those charged with offenses punishable by reclusion perpetua when
evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on
recognizance as may be provided by law. The right to bail shall not be impaired even when the privilege of
the writ of habeas corpus is suspended. Excessive bail shall not be required.

SECTION 14. (1) No person shall be held to answer for a criminal offense without due process of law.

(2) In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and
shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of the
accusation against him, to have a speedy, impartial, and public trial, to meet the witnesses face to face,
and to have compulsory process to secure the attendance of witnesses and the production of evidence in
his behalf. However, after arraignment, trial may proceed notwithstanding the absence of the accused
provided that he has been duly notified and his failure to appear is unjustifiable.

SECTION 15. The privilege of the writ of habeas corpus shall not be suspended except in cases of
invasion or rebellion when the public safety requires it.

SECTION 16. All persons shall have the right to a speedy disposition of their cases before all judicial,
quasi-judicial, or administrative bodies.

SECTION 17. No person shall be compelled to be a witness against himself.

SECTION 18. (1) No person shall be detained solely by reason of his political beliefs and aspirations.

(2) No involuntary servitude in any from shall exist except as punishment for a crime whereof the party
shall have been duly convicted.

SECTION 19. (1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment
inflicted. Neither shall the death penalty be imposed, unless, for compelling reasons involving heinous
crimes, the Congress hereafter provides for it. Any death penalty already imposed shall be reduced to
reclusion perpetua.

(2) The employment of physical, psychological, or degrading punishment against any prisoner or
detainee or the use of substandard or inadequate penal facilities under subhuman conditions shall be dealt
with by law.
SECTION 20. No person shall be imprisoned for debt or non-payment of a poll tax.

SECTION 21. No person shall be twice put in jeopardy of punishment for the same offense. If an act is
punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to another
prosecution for the same act.

SECTION 22. No ex post facto law or bill of attainder shall be enacted.

1987 CONSTITUTION OF THE PHILIPPINES (ARTICLE XI) ACCOUNTABILITY OF PUBLIC OFFICERS

Section 1. Public Office is a public trust. Public officers and employees must at all times be accountable to
the people, serve them with utmost responsibility, integrity, loyalty, and efficiency, act with patriotism and
justice, and lead modest lives.

Section 2. The President, the Vice-President, the Members of the Supreme Court, the Members of the
Constitutional Commissions, and the Ombudsman may be removed from office, on impeachment for, and
conviction of, culpable violation of the Constitution, treason, bribery, graft and corruption, other high
crimes, or betrayal of public trust. All other public officer and employees may be removed from office as
provided by law, but not by impeachment.

Section 3. (1) The House of Representative shall have the exclusive power to initiate all cases of
impeachment.

(2) A verified complaint for impeachment may be filed by any Member of the House of Representatives or
by any citizen upon a resolution of endorsement by any Member thereof, which shall be included in the
Order of Business within ten session days, and referred to the proper Committee within three sessions days
thereafter. The Committee, after hearing, and by a majority vote of all its Members, shall submit its report
to the House within sixty session days from such referral, together with the corresponding resolution. The
resolution shall be calendared for consideration by the House within ten session days from receipt thereof.

(3) A vote of at least one-third of all the members of the House shall be necessary either to affirm a
favorable resolution with the Articles of Impeachment of the Committee, or override its contrary resolution.
The vote of each Member shall be recorded.

(4) In case the verified complaint or resolution of impeachment is filed by at least one-third of all the
Members of the House, the same shall constitute the Articles of Impeachment, and trial by the Senate shall
forthwith proceed.

(5) No impeachment proceedings shall be initiated against the same official more than once within a
period of one year.

(6) The Senate shall have the sole power to try and decide all cases of impeachment. When sitting for that
purpose, the Senators shall be on oath or affirmation. When the President of the Philippines is on trial, the
Chief Justice of the Supreme Court shall preside, but shall not vote. No person shall be convicted without
the concurrence of two-thirds of all the Members of the Senate.

(7) Judgment in cases of impeachment shall not extend further than removal from office and
disqualification to hold any office under the Republic of the Philippines, but the party convicted shall
nevertheless be liable and subject to prosecution, trial, and punishment according to law. 1

(8) The Congress shall promulgate its rules on impeachment to effectively carry out the purpose of this
section.

Section 4. The present anti-graft court known as the Sandiganbayan shall continue to function and exercise
its jurisdiction as now or hereafter may be provided by law.

Section 5. There is hereby created the independent Office of the Ombudsman, composed of the
Ombudsman to be known as Tanodbayan, one overall Deputy and at least one Deputy each for Luzon,
Visayas, and Mindanao. A separate Deputy for the military establishment may likewise be appointed.
Section 6. The officials and employees of the Office of the Ombudsman, other than the Deputies, shall be
appointed by the Ombudsman according to the Civil Service Law.

Section 7. The existing Tanodbayan shall hereafter be known as the Office of the Special Prosecutor. It shall
continue to function and exercise its powers as now or hereafter may be provided by law, except those
conferred on the Office of the Ombudsman created under this Constitution.

Section 8. The Ombudsman and his Deputies shall be natural-born citizens of the Philippines, and at the
time of their appointment, at least forty years old, of recognized probity and independence, and members
of the Philippine Bar, and must not have been candidates for any elective office in the immediately
preceding election. The Ombudsman must have for ten years or more been a judge or engaged in the
practice of law in the Philippines. During their tenure, they shall be subject to the same disqualification and
prohibitions as provided for in Section 2 of Article IX-A of this Constitution.

Section 9. The Ombudsman and his Deputies shall be appointed by the President from a list of at least six
nominees prepared by the Judicial and Bar Council, and from a list of three nominees for every vacancy
thereafter. Such appointments shall require no confirmation. All vacancies shall be filled within three
months after they occur.

Section 10. The Ombudsman and his Deputies shall have the rank of Chairman and members, respectively,
of the Constitutional Commissions, and they shall receive the same salary, which shall not be decreased
during their term of office.

Section 11. The Ombudsman and his Deputies shall serve for a term of seven years without
reappointment. They shall not be qualified to run for any office in the election immediately succeeding
their cessation from office.

Section 12. The Ombudsman and his Deputies, as protectors of the people, shall act promptly on
complaints filed in any form or manner against public officials or employees of the Government, or any
subdivision, agency or instrumentality thereof, including government-owned or controlled corporations,
and shall, in appropriate cases, notify the complainants of the action taken and the result thereof.

Section 13. The Office of the Ombudsman shall have the following powers, functions, and duties: (1)
Investigate on its own, or on complaint by any person, any act or omission of any public official, employee,
office or agency, when such act or omission appears to be illegal, unjust, improper, or inefficient. 2 (2)
Direct, upon complaint or at its own instance, any public official or employee of the Government, or any
subdivision, agency or instrumentality thereof, as well as of any government-owned or controlled
corporation with original charter, to perform and expedite any act or duty required by law, or to stop,
prevent, and correct any abuse or impropriety in the performance of duties. (3) Direct the officer
concerned to take appropriate action against a public official or employee at fault, and recommend his
removal, suspension, demotion, fine, censure, or prosecution, and ensure compliance therewith. (4) Direct
the officer concerned, in any appropriate case, and subject to such limitations as may be provided by law,
to furnish it with copies of documents relating to contracts or transactions entered into by his office
involving the disbursement or use of public funds or properties, and report any irregularity to the
Commission on Audit for appropriate action. (5) Request any government agency for assistance and
information necessary in the discharge of its responsibilities, and to examine, if necessary, pertinent
records and documents. (6) Publicize matters covered by its investigation when circumstances so warrant
and with due prudence. (7) Determine the cause of inefficiency, red tape, mismanagement, fraud, and
corruption in the Government and make recommendations for their elimination and the observance of high
standards of ethics and efficiency. (8) Promulgate its rules of procedure and exercise such other powers or
perform such functions or duties as may be provided by law.

Section 14. The Office of the Ombudsman shall enjoy fiscal autonomy. Its approved annual appropriations
shall be automatically and regularly released.
Section 15. The right of the State to recover properties unlawfully acquired by public officials or
employees, from them or from their nominees or transferees, shall not be barred by prescription, laches, or
estoppel.

Section 16. No loan, guaranty, or other form of financial accommodation for any business purpose may be
granted, directly or indirectly, by any government- owned or controlled bank or financial institution to the
President, the Vice-President, the Members of the Cabinet, the Congress, the Supreme Court, and the
Constitutional Commissions, the Ombudsman, or to any firm or entity in which they have controlling
interest, during their tenure.

Section 17. A public officer or employee shall, upon assumption of office and as often thereafter as may be
required by law, submit a declaration under oath of his assets, liabilities, and net worth. In the case of the
President, the Vice-President, the Members of the Cabinet, the Congress, the Supreme Court, the
Constitutional Commissions and other constitutional offices, and officers of the Armed Forces with general
or flag rank, the declaration shall be disclosed to the public in the manner provided by law.

Section 18. Public officers and employees owe the State and this Constitution allegiance at all times, and
any public officer or employee who seeks to change his citizenship or acquire the status of an immigrant of
another country during his tenure shall be dealt with by law.

What are Human Rights?

There is no singular definition of ”human rights“. According to the United Nations, “human rights are rights
inherent to all human beings, whatever our nationality, place of residence, sex, national or ethnic origin,
color, religion, language, or any other status.” In other words, human rights are those rights that belong to
us simply by reason of our humanity. They are essential to our dignity as persons and rooted in the
conviction expressed in Article I of the Universal Declaration on Human Rights that “all human beings are
born free and equal in dignity and rights.“

What are the essential characteristics of human rights?

Human rights are basically inherent, universal, inalienable, indivisible, and interdependent.

 They are inherent because they attach to the person as soon as he or she is born. They are our
birthright and no laws are necessary in order for us to possess or enjoy them.

 They are universal because all human beings, regardless of race, color, sex, language, religion,
national or social origin, or status, are equally entitled to them. The human rights of Filipinos are the
same as those of other Asians, Europeans, or people of other races.

 They are inalienable because they cannot be taken away from us without due process of law.

 They are indivisible and interdependent because they cannot be divided or compartmentalized.
Neither can they be ranked in hierarchical order because they have equal status as rights and are
intrinsically linked to each other.

What are the different kinds of human rights?

Human rights are classified into different categories. One of these is the classification according to the
historical development of their recognition, namely: First Generation Rights, Second Generation Rights, and
Third Generation Rights.

First-generation rights cover civil and political rights:

 rights to life, liberty, property, and security of persons;

 rights to equal protection of the law and due process;

 freedom from slavery;

 freedom from torture or cruel, inhuman or degrading punishment;

  right to a fair trial;

 right to be presumed innocent until proven guilty;

 right against ex post facto law or retrospective law;

 right to privacy of person, home, correspondence;

 freedom of thought, conscience, and religion;

 freedom of expression, association, and assembly;

 right to nationality;

 right to suffrage, to run for public office, and participate in governance;

 right to marry and found a family; and

 right to travel.

Second-generation rights cover economic, social, and cultural rights:

 right to work;

 right to fair conditions of employment;

 right to join and form trade unions;

 right to social security;

 right to protection of the family;

 right to an adequate standard of living including right to food, clothing, and shelter;

 right to health;

 right to education; and

 right to culture.

Third-generation rights cover collective rights:

 right to a healthy environment;

 right to development; and

 rights of indigenous peoples.

In what legal documents or instruments are human rights expressed and guaranteed?

The Universal Declaration of Human Rights (UDHR) adopted by the United Nations General Assembly on 10
December 1948 is considered the catalogue of human rights. A landmark document, it is the first global
instrument expressing the basic principles of human rights. The UDHR, however, is not legally binding and
only serves as a common standard of achievement for all peoples and nations. In any case, the UDHR
spawned two significant International Covenants, namely: the International Covenant on Civil and Political
Rights (ICCPR) and International Covenant on Economic, Social, and Cultural Rights (ICESCR). These two
Covenants were adopted in 1966 and, unlike the UDHR, are legally binding on all States that ratify them.
The UDHR, ICCPR. and ICESCR comprise the International Bill of Human Rights.

Subsequently, more international human rights instruments, whether in the form of covenants and treaties
(binding documents) or declarations (non-binding documents), addressing various concerns (torture,
apartheid, slavery, etc.), and vulnerable sectors (women, children, persons with disabilities, etc.) have
been adopted.
Are these human rights guaranteed under Philippine laws as well?

Yes. Civil and political rights are embodied in Article III of the Bill of Rights of the [Philippine Constitution of
1987]. On the other hand, economic, social, and cultural rights are recognized in several Articles: Article XII
on National Economy and Patrimony; Article XIII on Social Justice and Human Rights including Labor,
Agrarian and Natural Resources Reform, Urban Land Reform and Housing, Health, Women, and Rights of
People’s Organization; Article XIV on Education, Science and Technology, Arts, Culture, and Sports; and
Article XV on the Family.

In addition, the Philippines is a State Party to or has ratified the eight (8) core international human rights
treaties, namely: International Covenant on Civil and Political Rights (23 October 1986); International
Covenant on Economic, Social, and Cultural Rights (7 June 1974); International Convention on the
Elimination of All Forms of Racial Discrimination (15 September 1976); International Convention on the
Elimination of All Forms of Discrimination against Women (5 August 1981); Convention on the Rights of the
Child (21 August 1990); Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (30 April 1986); International Convention on the Protection of the Rights of All Migrant Workers
and their Families (13 November 1993); and International Convention on the Rights of Persons with
Disabilities (15 April 2008).

Under Article II, Section 2 of the [Philippine Constitution of 1987], the Philippines “adopts the generally
accepted principles of international law as part of the law of the land.” In the same manner, all treaties and
agreements entered into by the Philippines form part of our laws.

Are all human rights absolute?

No. Absolute or non-derogable rights are those that are so fundamental they cannot be interfered with
under any circumstances. Hence, the government cannot invoke national security, the existence of war, or
a state of national emergency to limit, restrict or suspend these rights. Among absolute or non-derogable
rights are the right to due process of law, freedom from torture, freedom of thought and conscience,
freedom from slavery, and right against ex post facto law, among others.

In contrast, relative or derogable rights are those that can be interfered with under defined circumstances.
They may be suspended, limited, or restricted depending on the circumstances and upon compliance with
the requirements of law. For example, a person’s right to liberty may be curtailed if he or she has
committed a crime, the right of suffrage can be exercised only by citizens, and freedom of speech and
expression needs to be balanced with the rights of others, etc.

What are the obligations corresponding to human rights?

The three-fold obligation corresponding to human rights are as follows: to respect, protect and fulfill.

The obligation to respect constitutes a negative obligation or to refrain from doing acts that would interfere
with these rights. Most civil and political rights are negative rights because the State is enjoined not to
perform any acts that would interfere with them. For example, no person shall be deprived of life, liberty,
and property without due process of law, no law shall be passed abridging the freedom of speech, no
torture shall be used, etc.

The obligation to protect requires the State to enact laws as well as to create mechanisms to prevent
human rights violations either by State authorities and/or agents as well as by non-state actors.

On the other hand, the obligation to fulfill is a positive obligation as it obliges the State to take positive
actions to facilitate the realization or enjoyment of these rights. Economic, social, and cultural rights are
mostly positive rights as they require the State to perform acts, e.g., enact laws, formulate policies and
implement programs, in order for the people to realize or enjoy them.

Who has the duty to carry out these obligations?

Under international law, the State assumes the duties and obligations to respect, protect and fulfill human
rights. It is the primary duty-bearer and, consequently, has to comply with the legal norms and standards
enshrined in the different international human rights instruments to which it is a party.

At the individual level, however, while we are entitled to human rights (claim holders), we are likewise
obliged to respect the human rights of others.

What are the remedies in cases of human rights violations?

The remedies available to individuals vary depending on the nature of human rights violated.

For civil and political rights, remedies may be availed of through national or domestic institutions, e.g., the
courts, quasi-judicial or administrative bodies. At the domestic level, particularly in the Philippine legal
system, most human rights violations are prosecuted as criminal offenses under the Revised Penal Code or
special laws. These cases are cognizable by regular courts or, in certain cases, by special courts. The
propriety of filing the necessary information to prosecute criminal offenders generally lies within the
discretion of public prosecutors belonging to the Department of Justice (DOJ). However, certain cases fall
within the mandate of the Ombudsman who is the “protector of the people” following Article XI, Section 12
of the Constitution. Also, civil cases for damages may be filed with the regular courts.

The Commission on Human Rights (CHR) is an independent body created by the Constitution “to
investigate, on its own or on a complaint by any party, all forms of human rights violations involving civil
and political rights” pursuant to Article XIII, Section 18(1) thereof. According to the Supreme Court in Simon
v. Commission on Human Rights (204 SCRA 483 [1991]), the CHR’s investigatory power is limited only to
violations involving civil and political rights. It has no power to adjudicate cases or issue preliminary
injunctions or restraining orders. If upon investigation, the CHR finds that human rights violation had been
committed, it has to refer the matter to the DOJ for prosecution or to the concerned government office or
agency for appropriate action.

Fairly recently, and mainly to address the problem of extra-legal or unexplained killings and enforced
disappearances or threats thereof, our Supreme Court has provided certain extraordinary remedies.

The writ of Amparo may be availed of by a person whose right to life, liberty, and security is violated or
threatened. Under the Rule on the Writ of Amparo (2007), the courts may grant the following remedies:
Temporary Protection Order, Inspection Order, Production Order, and/or Witness Protection Order.

In 2008, the Supreme Court promulgated the Rule on the Writ of Habeas Data to provide a remedy to any
person whose rights to privacy and life, liberty, or security are violated and threatened by reason of “the
gathering, collecting or storing of data or information regarding the person, family, home and
correspondence of the aggrieved party.” The relief that the courts may grant include “the updating,
rectification, suppression or destruction of the database or information or files kept by the respondent.”

At the international level, an individual may file a complaint or communication for human rights violation
against a government under three (3) international human rights treaties, namely: Optional Protocol to the
ICCPR, International Convention on the Elimination of All Forms of Racial Discrimination and Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. It is necessary that the
respondent government has ratified these treaties in order for the appropriate UN Committee to take
cognizance of the complaint. Significantly, the Philippines is a State Party to these treaties. Further, the
complainant is required to show that he or she had exhausted all the remedies available at the domestic
level before filing the complaint with the appropriate UN Committee.

On the other hand, remedies for violations of economic, social, and cultural rights are not as
comprehensive. At the domestic level, an individual filing a case for violation of these rights with the
regular courts must satisfy the requisites of justiciability, namely: (1) existence of a demandable right; (2)
a violation of that right; and (3) locus standi or whether the person seeking redress suffered a direct injury,
except in those instances where the matter in issue is of transcendental importance. The courts will take
cognizance of the case only when all these requisites have been complied with.
At present, the Philippines still has to ratify the Optional Protocol to the ICESCR granting individuals or
groups the right to submit before the appropriate UN body complaints or communications concerning non-
compliance with ICESCR.

As an expression of its firm commitment to the promotion and protection of human rights, whether civil,
political, economic, social, or cultural, the Philippine Government has strengthened and expanded the
functions of the Presidential Human Rights Committee (PHRC) through Administrative Order (AO) 163
series of 2006.

Under the said AO, the PHRC is tasked, among others, to monitor the government’s compliance with the
eight (8) core international human rights treaties that it has ratified as well as “assist the victims of human
rights violations and their families, especially victims of enforced or involuntary disappearances, in
enforcing their rights under pertinent laws.”

REPUBLIC ACT NO. 7877, February 14, 1995 ]

AN ACT DECLARING SEXUAL HARASSMENT UNLAWFUL IN THE EMPLOYMENT, EDUCATION OR

TRAINING ENVIRONMENT, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. Title. - This Act shall be known as the "Anti-Sexual Harassment Act of 1995."

SEC. 2. Declaration of Policy. - The State shall value the dignity of every individual, enhance the
development of its human resources, guarantee full respect for human rights, and uphold the dignity of
workers, employees, applicants for employment, students or those undergoing training, instruction or
education. Towards this end, all forms of sexual harassment in the employment, education or training
environment are hereby declared unlawful.

SEC. 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, conditions, promotions, or privileges; or the refusal to grant the sexual
favor results in Emiting, segregating or classifying the employee which in any way would
discriminate, deprive or diminish employment opportunities or otherwise adversely affect
said employee;

2. The above acts would impair the employee's rights or privileges under existing labor laws; or

3. The above acts would result in an intimidating, hostile, or offensive environment for the
employee.

b. In an education or training environment, sexual harassment is committed:

1. Against one who is under the care, custody or supervision of the offender;

2. Against one whose education, training, apprenticeship or tutorship is entrusted to the offender;
 3. When the sexual favor is made a condition to the giving of a passing grade, or the granting of
honors and scholarships, or the payment of a stipend, allowance or other benefits, privileges, or
considerations; or

4. When the sexual advances result in an intimidating, hostile or offensive environment for the
student, trainee or apprentice.

Any person who directs or induces another to commit any act of sexual harassment 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.

SEC. 4. Duty of the Employer or Head of Office in a Work-related Education or Training Environment. - It
shall be the duty of the employer or the head of the work-related, educational or training environment or
institution, to prevent or deter the commission of acts of sexual harassment and to provide the procedures
for the resolution, settlement or prosecution of acts of sexual harassment. Towards this end, the employer
or head of office shall:

a. Promulgate appropriate rules and regulations in consultation with and jointly approved by the
employees or students or trainees, through their duly designated representatives, prescribing the
procedure for the investigation of sexual harassment cases and the administrative sanctions
therefor.

Administrative sanctions shall not be a bar to prosecution in the proper courts for unlawful acts of
sexual harassment.

The said rules and regulations issued pursuant to this sub-section (a) shall include, among others,
guidelines on proper decorum in the workplace and educational or training institutions.

b. Create a committee on decorum and investigation of cases on sexual harassment. The committee
shall conduct meetings, as the case may be, with officers and employees, teachers, instructors,
professors, coaches, trainors and students or trainees to increase understanding and prevent
incidents of sexual harassment. It shall also conduct the investigation of alleged cases constituting
sexual harassment.

In the case of a work-related environment, the committee shall be composed of at least one (1)
representative each from the management, the union, if any, the employees from the supervisory rank,
and from the rank and file employees.

In the case of the educational or training institution, the committee shall be composed of at least one (1)
representative from the administration, the trainors, teachers, instructors, professors or coaches and
students or trainees, as the case may be.

The employer or head of office, educational or training institution shall disseminate or post a copy of this
Act for the information of all concerned.

SEC. 5. Liability of the Employer, Head of Office, Educational or Training Institution. - The employer or head
of office, educational or training institution shall be solidarity liable for damages arising from the acts of
sexual harassment committed in the employment, education or training environment if the employer or
head of office, educational or training institution is informed of such acts by the offended party and no
immediate action is taken thereon.

SEC. 6. Independent Action for Damages. - Nothing in this Act shall preclude the victim of work, education
or training-related sexual harassment from instituting a separate and independent action for damages and
other affirmative relief.

SEC. 7. Penalties. - Any person who violates the provisions of this Act shall, upon conviction, be penalized
by imprisonment of not less than one (1) month nor more than six (6) months, or a fine of not less than Ten
thousand pesos (P10,000) nor more than Twenty thousand pesos (P20,000), or both such fine and
imprisonment at the discretion of the court.

Any action arising from the violation of the provisions of this Act shall prescribe in three (3) years.

SEC. 8. Separability Clause. - If any portion or provision of this Act is declared void or unconstitutional, the
remaining portions or provisions hereof shall not be affected by such declaration.

SEC. 9. Repealing Clause. - All laws, decrees, orders, rules and regulations, other issuances, or parts
thereof inconsistent with the provisions of this Act are hereby repealed or modified, accordingly.

SEC. 10. Effectivity Clause. - This Act shall take effect fifteen (15) days after its complete publication in at
least two (2) national newspapers of general circulation.