SPECIAL PENAL LAWS

by: VAD II
(REPUBLIC ACT 9262)
VIOLENCE AGAINST WOMEN
AND THEIR CHILDREN ACT
(REPUBLIC ACT 9262)
VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT

SECTION 2. Declaration of Policy.- It is hereby declared that the State values the dignity of
women and children and guarantees full respect for human rights. The State also
recognizes the need to protect the family and its members particularly women and
children, from violence and threats to their personal safety and security. - x x x

Q: What is RA9262 or the Anti-Violence Against Women and Their Children Act of 2004?

It is a law the seeks to address the prevalence of violence against women and their
children (VAWC) by their intimate partners like their husband or ex-husband, live-in
partner or former live-in partner, boyfriend/girlfriend or ex-boyfriend/ex-girlfriend, dating
partner or former dating partner.
(REPUBLIC ACT 9262)
VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT

Q: What is Violence Against Women and Their Children under RA9262?

It refers to any act or a series of acts committed by an intimate partner (husband, ex-husband, live-in
partner, boyfriend/girlfriend, fiance, who the woman had sexual/dating relationship):

against a woman who is his wife, former wife;

against a woman with whom the person has or had a sexual or dating relationship,
against a women with whom he has a common child;
against her child whether legitimate or illegitimate within or without the family abode,

Of which results in or is likely to result in physical, sexual, psychological harm or suffering or economic
abuse including threats of such acts, battery, assault, coercion, harassment or arbitrary deprivation of
liberty.
(REPUBLIC ACT 9262)
VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT

How: Through any act or a series of acts, such as but not limited to:
(Physical Violence, Sexual Violence, Psychological Violence, Economic Abuse, Battery, Assault,
Coercion, Harassment or Arbitrary deprivation of liberty.)

Who:
committed by: 1) intimate partners like their husband or ex-husband,
(perpetrator= any person) 2) live-in partner or former live-in partner,
3) boyfriend/girlfriend or ex-boyfriend/ex-girlfriend,
4) dating partner or former dating partner.

committed against: 1) a woman who is his wife, former wife;

(survivor = 2) a woman with whom the person has or had a sexual or dating relationship,
woman and children ) 3) a women with whom he has a common child;
4) her child whether legitimate or illegitimate within or without the family abode,
(REPUBLIC ACT 9262)
VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT

source: http://panabocity.gov.ph/ending-violence-against-
women-victims-encouraged-to-report-abuses/
(REPUBLIC ACT 9262)
VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT

Acts of Violence Covered by RA 9262

1) Physical Violence – acts that include bodily or physical harm (battery)

- causing/threatening/attempting to cause physical harm to the woman or her child;
- placing the woman or her child in fear of imminent physical harm

2) Sexual Violence – the acts which are sexual in nature committed against a woman or her child. It includes, but is not
limited to:
- Rape, sexual harassment, acts of lasciviousness, treating a woman or her child as a sex object, making demeaning and
sexually suggestive remarks, physically attacking the sexual parts of the victim’s body, forcing him or her to watch
obscene publications and indecent shows or forcing the woman or her child to do indecent acts and/or make films
thereof, forcing the wife and mistress/lover to live in the conjugal home or sleep together in the same room with the
abuser.
- Causing or attempting to make the woman or her child to perform sexual acts (that do not constitute Rape) by use of
force, threats, intimidation directed against the woman, her child, or her immediate family.
- Prostituting the woman or her child.
(REPUBLIC ACT 9262)
VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT

Acts of Violence Covered by RA 9262

3) Psychological Violence – refers to acts or omissions causing or likely to cause mental or emotional
suffering of the victim such as but not limited to
- intimidation, harassment, stalking,
- damage to property,
- public ridicule or humiliation,
- repeated verbal abuse and mental infidelity.
- It includes causing or allowing the victim to witness the physical, sexual or psychological abuse of a
member of the family to which the victim belongs,
- or to witness pornography in any form
- or to witness abusive injury to pets (RA 8485 Animal Welfare Act of 1998)
- or to unlawful or unwanted deprivation of the right to custody and/or visitation of common children.
(REPUBLIC ACT 9262)
VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT

Acts of Violence Covered by RA 9262

4) Economic Abuse - refers to acts that make or attempt to make a woman financially dependent which includes, but is not
limited to the following:

1. withdrawal of financial support or preventing the victim from engaging in any legitimate profession, occupation, business or
activity, except in cases wherein the other spouse/partner objects on valid, serious and moral grounds as defined in Article 73 of
the Family Code;

2. deprivation or threat of deprivation of financial resources and the right to the use and enjoyment of the conjugal, community
or property owned in common;

3. destroying household property;

4. controlling the victims' own money or properties or solely controlling the conjugal money or properties.
(REPUBLIC ACT 9262)
VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT

"Battery" refers to an act of inflicting physical harm upon the woman or her child resulting to the physical and psychological or
emotional distress.

"Battered Woman Syndrome" refers to a scientifically defined pattern of psychological and behavioral symptoms found in
women living in battering relationships as a result of cumulative abuse.

"Stalking" refers to an intentional act committed by a person who, knowingly and without lawful justification follows the woman
or her child or places the woman or her child under surveillance directly or indirectly or a combination thereof.

"Dating relationship" refers to a situation wherein the parties live as husband and wife without the benefit of marriage or are
romantically involved over time and on a continuing basis during the course of the relationship. A casual acquaintance or
ordinary socialization between two individuals in a business or social context is not a dating relationship.

"Sexual relations" refers to a single sexual act which may or may not result in the bearing of a common child.
(REPUBLIC ACT 9262)
VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT

Q: Define “Battered Woman Syndrome” as used under R.A. 9262

It refers to a scientifically defined pattern of psychological and behavioral symptoms found in battered
women as a result of a long history of abuse.

Any victim who suffers from BWS should be diagnosed by a Psychiatric expert or a clinical psychologist.
This will also help the victim in obtaining a just decision in her case. The law does not allow the offender
to have custody of minor children. Their care is entrusted to the woman even if she is found to have
BWS.

RA 9262 acknowledges that women who have retaliated against their partner or who commit violence
as a form of self-defense may have suffered from Battered Woman Syndrome (BWS).
(REPUBLIC ACT 9262)
VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT
(REPUBLIC ACT 9262)
VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT
Each cycle of violence has three phases:
1. Tension-building phase;
2. Acute battering phase; and
3. Tranquil (loving) phase.
If after two cycles of violence, the woman exhibits common personality traits, such as:
1. Low self-esteem, traditional beliefs about the home, the family and the female sex role;
2. Emotional dependence upon the dominant male;
3. The tendency to accept responsibility for the batterer's actions; and
4. False hopes that the relationship will improve
Then, she is considered as one with battered-woman syndrome.

SECTION 26. Battered Woman Syndrome as a Defense. – Victim-survivors who are found by the courts to be suffering
from battered woman syndrome do not incur any criminal and civil liability notwithstanding the absence of any of the
elements for justifying circumstances of self-defense under the Revised Penal Code.
(REPUBLIC ACT 9262)
VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT
Q: What are the penalties for committing VAWC?
Offenders proven in court to be guilty of the crime shall be penalized with: imprisonment ranging from 1 month and 1
day to 20 years payment of P100,000 to P300,000 in damages mandatory psychological counseling or psychiatric
treatment.

Q: Is VAWC committed by men alone?

NO. Women can also be liable under the law. These are the lesbian partners/girlfriends or former partners of the victim
with whom she has or had a sexual or dating relationship.

Q: What if the male spouse/partner complains about abuses committed by his wife/partner?
He may file a complaint or case under the Revised Penal Code.

Q: Who may file a complaint under R.A. 9262?

Any citizen having personal knowledge of the circumstances involving the commission of the crime may file a complaint
because violence against women and their children is considered a PUBLIC crime.
(REPUBLIC ACT 9262)
VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT

Q: What can women and children do under R.A. 9262?

Under the law, the offended party may file a criminal action, or apply for a Protection Order either as an
independent action or as an incident in civil or criminal action and other remedies.

Q: What is a protection order?

A protection order is an order issued under this act for the purpose of preventing further acts of
violence against women or her child. And granting other relief as may be needed. The relief granted
under a protection order serve the purpose of safeguarding the victim from further harm, minimizing
any disruption in the victim’s daily life, and facilitating the opportunity and ability of the victim to
independently regain control of her life. The provisions of the protection order shall be enforced by law
enforcement agencies.
(REPUBLIC ACT 9262)
VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT

Q: What are the various kinds of protection orders?

Barangay Protection Orders (BPO) refer to the protection order issued by the Punong Barangay ordering
the perpetrator to desist from committing acts under Section 5 (a) and (b) of R.A. 9262. BPO shall be
effective for 15 days.
Temporary Protection Orders (TPO) refers to the protection order issued by the court on the date of the
filing of the application after ex parte determination that such order should be issued. The court may
grant in a TPO any, some or all of the reliefs mentioned in R.A. 9262 and shall be effective for thirty (30)
days. The court shall order the immediate personal service of the TPO on the respondent by the court
sheriff who may obtain the assistance of law enforcement agents for the service.
Permanent Protection Order (PPO) refers to the protection order issued by the court after notice and
hearing. The court shall not deny the issuance of protection order on the basis of the lapse of time
between the act of violence and the filing of the application. PPO shall be effective until revoked by the
court upon application of the person in whose favor it was issued.
(REPUBLIC ACT 9262)
VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT
SECTION 33. Prohibited Acts. – A Punong Barangay, Barangay Kagawad or the court hearing an application for a protection order shall not order, direct,
force or in any way unduly influence the applicant for a protection order to compromise or abandon any of the reliefs sought in the application for
protection under this Act. Section 7 of the Family Courts Act of 1997 and Sections 410, 411, 412 and 413 of the Local Government Code of 1991 shall
not apply in proceedings where relief is sought under this Act.

SECTION 35. Rights of Victims. – In addition to their rights under existing laws, victims of violence against women and their children shall have the
following rights:
(a) to be treated with respect and dignity;
(b) to avail of legal assistance form the PAO of the Department of Justice (DOJ) or any public legal assistance office;
(c) To be entitled to support services form the DSWD and LGUs'
(d) To be entitled to all legal remedies and support as provided for under the Family Code; and
(e) To be informed of their rights and the services available to them including their right to apply for a protection order.

SECTION 44. Confidentiality. – All records pertaining to cases of violence against women and their children including those in the barangay shall be
confidential and all public officers and employees and public or private clinics to hospitals shall respect the right to privacy of the victim. Whoever
publishes or causes to be published, in any format, the name, address, telephone number, school, business address, employer, or other identifying
information of a victim or an immediate family member, without the latter's consent, shall be liable to the contempt power of the court.

Any person who violates this provision shall suffer the penalty of one (1) year imprisonment and a fine of not more than Five Hundred Thousand pesos
(P500,000.00).
(REPUBLIC ACT 7610)
SPECIAL PROTECTION OF CHILDREN AGAINST CHILD
ABUSE, EXPLOITATION AND DISCRIMINATION ACT
as amended by RA 9231
(REPUBLIC ACT 7610)
SPECIAL PROTECTION OF CHILDREN AGAINST
CHILD ABUSE, EXPLOITATION AND DISCRIMINATION ACT
ARTICLE III
Child Prostitution and Other Sexual Abuse (Secs. 5-6)

ARTICLE IV
Child Trafficking (Secs.7-8)

ARTICLE V
Obscene Publications and Indecent Shows (Sec.9)

ARTICLE VI
Other Acts of Abuse (Neglect, Abuse, Cruelty, and etc) (Sec. 10)
(REPUBLIC ACT 7610)
SPECIAL PROTECTION OF CHILDREN AGAINST
CHILD ABUSE, EXPLOITATION AND DISCRIMINATION ACT
To be held liable under RA 7610, the offender must commit an abusive act against a child .
Under Section 3(a) thereof, the term “children” refers to person below eighteen (18) years of age or
those over but are unable to fully take care of themselves or protect themselves from abuse, neglect,
cruelty, exploitation or discrimination because of a physical or mental disability or condition.

Section 3(b) "Child abuse" refers to the maltreatment, whether habitual or not, of the child which
includes any of the following:
(1) Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional maltreatment;
(2) Any act by deeds or words which debases, degrades or demeans the intrinsic worth and dignity of a
child as a human being;
(3) Unreasonable deprivation of his basic needs for survival, such as food and shelter; or
(4) Failure to immediately give medical treatment to an injured child resulting in serious impairment of
his growth and development or in his permanent incapacity or death.
(REPUBLIC ACT 7610)
SPECIAL PROTECTION OF CHILDREN AGAINST
CHILD ABUSE, EXPLOITATION AND DISCRIMINATION ACT
Art. III, 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.

(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.
(REPUBLIC ACT 7610)
SPECIAL PROTECTION OF CHILDREN AGAINST
CHILD ABUSE, EXPLOITATION AND DISCRIMINATION ACT
Art. III, Section 5. Child Prostitution and Other Sexual Abuse. –
(b)Those who commit the act of sexual intercourse or lascivious conduct with a child exploited in
prostitution or subjected to other sexual abuse: Provided, That when the victim is under sixteen (16)
years of age, the perpetrators shall be prosecuted under Article 335, paragraph 2, for rape and Article
336 of Act No. 3815, as amended, otherwise known as "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
sixteen (16) years of age shall be reclusion perpetua in its medium period; and (as amended by RA
11648)

(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.
(REPUBLIC ACT 7610)
SPECIAL PROTECTION OF CHILDREN AGAINST
CHILD ABUSE, EXPLOITATION AND DISCRIMINATION ACT

Having sexual intercouse or lascivious conduct with a child constitutes child prostitution if it is
committed for money,profit, or any other consideration; or sexual abuse if it is committed under
coercion or influence of any adult,syndicate or group.

In child prostitution, the victim is called child exploited in prostitution while in sexual abuse the victim is
called child subjected to other abuse.
(REPUBLIC ACT 7610)
SPECIAL PROTECTION OF CHILDREN AGAINST
CHILD ABUSE, EXPLOITATION AND DISCRIMINATION ACT
Sexual Intercourse means mutual sexual simulation, especially the insertion of a man’s rect
penis into a woman’s vagina, usually followed by the ejaculation of semen. (Oxford
Dictionary)

Lascivious Conduct is defined as the intentional touching, either directly or through clothing,
of the genitalia, anus, groin, breast,inner thigh, or buttocks, or the introduction of any object
into the genitalia, anus or mouth, of any person, whether of the same or opposite sex, with
an intent to abuse, humiliate, harass, degrade, or rouse or gratify the sexual desire of any
person, bestiality, masturbation, lascivious exhibition of the genitals or public area of a
person (Section 2(h) of the Rules and Regulations on the Reporting and Investigation of Child
Abuse Cases, promulgated to implement RA 7610)
(REPUBLIC ACT 7610)
SPECIAL PROTECTION OF CHILDREN AGAINST
CHILD ABUSE, EXPLOITATION AND DISCRIMINATION ACT

The Following conducts are considered lascivious:

1) Touching the child’s vagina and poking her vagina with a cotton bud (Navarrete v. People)
2) Kissing the lips, licking the vagina, and mashing the breasts of the child (People v. Candaza)
3) Touching the breasts of the child (Amployo v. People)
4) Caressing the thigh and touching the vagina of the child (People v. Montinola)
(REPUBLIC ACT 7610)
SPECIAL PROTECTION OF CHILDREN AGAINST
CHILD ABUSE, EXPLOITATION AND DISCRIMINATION ACT
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.
(REPUBLIC ACT 7610)
SPECIAL PROTECTION OF CHILDREN AGAINST
CHILD ABUSE, EXPLOITATION AND DISCRIMINATION ACT
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. (as amended by RA 11648 , The penalty shall be imposed in its maximum
period when the victim is under sixteen (16) years of age.)

Section 8. Attempt to Commit Child Trafficking. – There is an attempt to commit child trafficking under Section 7 of
this Act:
(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.
(REPUBLIC ACT 7610)
SPECIAL PROTECTION OF CHILDREN AGAINST
CHILD ABUSE, EXPLOITATION AND DISCRIMINATION ACT
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. (RA 11648 , The penalty shall be imposed in its maximum period when the victim is
under sixteen (16) years of age.)

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 7610)
SPECIAL PROTECTION OF CHILDREN AGAINST
CHILD ABUSE, EXPLOITATION AND DISCRIMINATION ACT
Section 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other Conditions Prejudicial to the Child's Development. –

(a) Any person who shall commit any other acts of child abuse, cruelty or exploitation or to be responsible for other conditions prejudicial
to the child's development including those covered by Article 59 of Presidential Decree No. 603, as amended, but not covered by the
Revised Penal Code, as amended, shall suffer the penalty of prision mayor in its minimum period.

(b) Any person who shall keep or have in his company a minor, twelve (12) years or under (RA 11648 , The penalty shall be imposed in its
maximum period when the victim is under sixteen (16) years of age.) or who in ten (10) years or more his junior in any public or private
place, hotel, motel, beer joint, discotheque, cabaret, pension house, sauna or massage parlor, beach and/or other tourist resort or similar
places shall suffer the penalty of prision mayor in its maximum period and a fine of not less than Fifty thousand pesos (P50,000): Provided,
That this provision shall not apply to any person who is related within the fourth degree of consanguinity or affinity or any bond
recognized by law, local custom and tradition or acts in the performance of a social, moral or legal duty.

(c) Any person who shall induce, deliver or offer a minor to any one prohibited by this Act to keep or have in his company a minor as
provided in the preceding paragraph shall suffer the penalty of prision mayor in its medium period and a fine of not less than Forty
thousand pesos (P40,000); Provided, however, That should the perpetrator be an ascendant, stepparent or guardian of the minor, the
penalty to be imposed shall be prision mayor in its maximum period, a fine of not less than Fifty thousand pesos (P50,000), and the loss of
parental authority over the minor.
(REPUBLIC ACT 7610)
SPECIAL PROTECTION OF CHILDREN AGAINST
CHILD ABUSE, EXPLOITATION AND DISCRIMINATION ACT
Section 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other Conditions Prejudicial to the Child's
Development. –

(d) Any person, owner, manager or one entrusted with the operation of any public or private place of accommodation,
whether for occupancy, food, drink or otherwise, including residential places, who allows any person to take along with
him to such place or places any minor herein described shall be imposed a penalty of prision mayor in its medium
period and a fine of not less than Fifty thousand pesos (P50,000), and the loss of the license to operate such a place or
establishment.

(e) Any person who shall use, coerce, force or intimidate a street child or any other child to;

(1) Beg or use begging as a means of living;

(2) Act as conduit or middlemen in drug trafficking or pushing; or
(3) Conduct any illegal activities, shall suffer the penalty of prision correccional in its medium period to
reclusion perpetua.
 REPUBLIC ACT 9231

“AN ACT PROVIDING FOR THE ELIMINATION OF THE WORST FORMS OF CHILD LABOR AND
AFFORDING STRONGER PROTECTION FOR THE WORKING CHILD, AMENDING FOR THIS
PURPOSE REPUBLIC ACT NO. 7610, AS AMENDED, OTHERWISE KNOWN AS THE "SPECIAL
PROTECTION OF CHILDREN AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION
ACT"
(REPUBLIC ACT 9231)
SPECIAL PROTECTION OF CHILDREN AGAINST
CHILD ABUSE, EXPLOITATION AND DISCRIMINATION ACT
Section 2. Section 12 of the same Act, as amended, is hereby further amended to read as
follows:

"Sec. 2. Employment of Children - Children below fifteen (15) years of age shall not be
employed except:

"1) When a child works directly under the sole responsibility of his/her parents or legal
guardian and where only members of his/her family are employed: Provided, however, That
his/her employment neither endangers his/her life, safety, health, and morals, nor impairs
his/her normal development: Provided, further, That the parent or legal guardian shall
provide the said child with the prescribed primary and/or secondary education; or
(REPUBLIC ACT 9231)
SPECIAL PROTECTION OF CHILDREN AGAINST
CHILD ABUSE, EXPLOITATION AND DISCRIMINATION ACT
"2) Where a child's employment or participation in public entertainment or information through cinema,
theater, radio, television or other forms of media is essential: Provided, That the employment contract is
concluded by the child's parents or legal guardian, with the express agreement of the child concerned, if
possible, and the approval of the Department of Labor and Employment: Provided, further, That the
following requirements in all instances are strictly complied with:

"(a) The employer shall ensure the protection, health, safety, morals and normal development of the
child;
"(b) The employer shall institute measures to prevent the child's exploitation or discrimination taking
into account the system and level of remuneration, and the duration and arrangement of working time;
and
"(c) The employer shall formulate and implement, subject to the approval and supervision of competent
authorities, a continuing program for training and skills acquisition of the child.
(REPUBLIC ACT 9231)
SPECIAL PROTECTION OF CHILDREN AGAINST
CHILD ABUSE, EXPLOITATION AND DISCRIMINATION ACT

"In the above-exceptional cases where any such child may be employed, the employer shall
first secure, before engaging such child, a work permit from the Department of Labor and
Employment which shall ensure observance of the above requirements.

"For purposes of this Article, the term "child" shall apply to all persons under eighteen (18)
years of age."
(REPUBLIC ACT 9231)
SPECIAL PROTECTION OF CHILDREN AGAINST
CHILD ABUSE, EXPLOITATION AND DISCRIMINATION ACT

"Sec. 2-A. Hours of Work of a Working Child. - Under the exceptions provided in Section 12 of this Act,
as amended:
(REPUBLIC ACT 9231)
SPECIAL PROTECTION OF CHILDREN AGAINST
CHILD ABUSE, EXPLOITATION AND DISCRIMINATION ACT
"Sec. 12-B. Ownership, Usage and Administration of the Working Child's Income. - The wages, salaries,
earnings and other income of the working child shall belong to him/her in ownership and shall be set
aside primarily for his/her support, education or skills acquisition and secondarily to the collective needs
of the family: Provided, That not more than twenty percent (20%) of the child's income may be used for
the collective needs of the family.

"The income of the working child and/or the property acquired through the work of the child shall be
administered by both parents. In the absence or incapacity of either of the parents, the other parent
shall administer the same. In case both parents are absent or incapacitated, the order of preference on
parental authority as provided for under the Family Code shall apply.
(REPUBLIC ACT 9231)
SPECIAL PROTECTION OF CHILDREN AGAINST
CHILD ABUSE, EXPLOITATION AND DISCRIMINATION ACT
"Sec. 12-D. Prohibition Against Worst Forms of Child Labor. - No child shall be engaged in the worst
forms of child labor. The phrase "worst forms of child labor" shall refer to any of the following:

"(1) All forms of slavery, as defined under the "Anti-trafficking in Persons Act of 2003", or practices
similar to slavery such as sale and trafficking of children, debt bondage and serfdom and forced or
compulsory labor, including recruitment of children for use in armed conflict; or

"(2) The use, procuring, offering or exposing of a child for prostitution, for the production of
pornography or for pornographic performances; or

"(3) The use, procuring or offering of a child for illegal or illicit activities, including the production and
trafficking of dangerous drugs and volatile substances prohibited under existing laws; or
(REPUBLIC ACT 9231)
SPECIAL PROTECTION OF CHILDREN AGAINST
CHILD ABUSE, EXPLOITATION AND DISCRIMINATION ACT
"(4) Work which, by its nature or the circumstances in which it is carried out, is hazardous or
likely to be harmful to the health, safety or morals of children, such that it:

"a) Debases, degrades or demeans the intrinsic worth and dignity of a child as a human
being; or
"b) Exposes the child to physical, emotional or sexual abuse, or is found to be highly stressful
psychologically or may prejudice morals; or
"c) Is performed underground, underwater or at dangerous heights; or
"d) Involves the use of dangerous machinery, equipment and tools such as power-driven or
explosive power-actuated tools; or
(REPUBLIC ACT 9231)
SPECIAL PROTECTION OF CHILDREN AGAINST
CHILD ABUSE, EXPLOITATION AND DISCRIMINATION ACT
"e) Exposes the child to physical danger such as, but not limited to the dangerous feats of
balancing, physical strength or contortion, or which requires the manual transport of heavy
loads; or
"f) Is performed in an unhealthy environment exposing the child to hazardous working
conditions, elements, substances, co-agents or processes involving ionizing, radiation, fire,
flammable substances, noxious components and the like, or to extreme temperatures, noise
levels, or vibrations; or
"g) Is performed under particularly difficult conditions; or
"h) Exposes the child to biological agents such as bacteria, fungi, viruses, protozoans,
nematodes and other parasites; or
"i) Involves the manufacture or handling of explosives and other pyrotechnic products."
(REPUBLIC ACT 9231)
SPECIAL PROTECTION OF CHILDREN AGAINST
CHILD ABUSE, EXPLOITATION AND DISCRIMINATION ACT
Section 5. Section 14 of the same Act is hereby amended to read as follows:

"Sec. 14. Prohibition on the Employment of Children in Certain Advertisements. - No child

shall be employed as a model in any advertisement directly or indirectly promoting alcoholic
beverages, intoxicating drinks, tobacco and its byproducts, gambling or any form of violence
or pornography."
(REPUBLIC ACT 9231)
SPECIAL PROTECTION OF CHILDREN AGAINST
CHILD ABUSE, EXPLOITATION AND DISCRIMINATION ACT
Section 8. Section 27 of the same Act is hereby amended to read as follows:

"Sec. 27. Who May File a Complaint - Complaints on cases of unlawful acts committed against children
as enumerated herein may be filed by the following:

"(a) Offended party;

"(b) Parents or guardians;
"(c) Ascendant or collateral relative within the third degree of consanguinity;
"(d) Officer, social worker or representative of a licensed child-caring institution;
"(e) Officer or social worker of the Department of Social Welfare and Development;
"(f) Barangay chairman of the place where the violation occurred, where the child is residing or
employed; or
"(g) At least three (3) concerned, responsible citizens where the violation occurred."
(REPUBLIC ACT No. 9208 )

AN ACT TO INSTITUTE POLICIES TO ELIMINATE TRAFFICKING IN

PERSONS ESPECIALLY WOMEN AND CHILDREN, ESTABLISHING
THE NECESSARY INSTITUTIONAL MECHANISMS FOR THE
PROTECTION AND SUPPORT OF TRAFFICKED PERSONS,
PROVIDING PENALTIES FOR ITS VIOLATIONS, AND FOR OTHER
 (REPUBLIC ACT 9208)
Anti-Trafficking in Persons Act of 2003
(a) Trafficking in Persons - refers to the recruitment, transportation, transfer or harboring, or receipt of
persons with or without the victim's consent or knowledge, within or across national borders by means of
threat or use of force, or other forms of coercion, abduction, fraud, deception, abuse of power or of position,
taking advantage of the vulnerability of the person, or, the giving or receiving of payments or benefits to
achieve the consent of a person having control over another person for the purpose of exploitation which
includes at a minimum, the exploitation or the prostitution of others or other forms of sexual exploitation,
forced labor or services, slavery, servitude or the removal or sale of organs.

The recruitment, transportation, transfer, harboring or receipt of a child for the purpose of exploitation shall
also be considered as "trafficking in persons" even if it does not involve any of the means set forth in the
preceding paragraph.

(b) Child - refers to a person below eighteen (18) years of age or one who is over eighteen (18) but is unable
to fully take care of or protect himself/herself from abuse, neglect, cruelty, exploitation, or discrimination
because of a physical or mental disability or condition.
 (REPUBLIC ACT 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;
 (REPUBLIC ACT 9208)
Anti-Trafficking in Persons Act of 2003
(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 9208)
Anti-Trafficking in Persons Act of 2003

In sum, the acts of trafficking prohibited under Section 4 must be associated with the three elements of
trafficking in persons stated in Section 3(a), to wit:

1. Act of Trafficking ;
(offering, recruitment, adoption, match making, organizing, sex tourism, obtaining, hiring, etc.)

2. Means to commit Trafficking (S3); and

(threat, use of force, coercion, abduction, fraud, deception, abuse of power, taking advantage of vul.,)

3. Exploitive purpose (S4).

(every par. of Section 4 contains exploitive purpose for human trafficking such as sexual exploitation, money,
profit,prostitution, force labor, etc. )
 (REPUBLIC ACT 9208)
Anti-Trafficking in Persons Act of 2003
Section 6. Qualified Trafficking in Persons. - The following are considered as qualified trafficking:

(a) When the trafficked person is a child;

(b) When the adoption is effected through Republic Act No. 8043, otherwise known as the "Inter-Country
Adoption Act of 1995" and said adoption is for the purpose of prostitution, pornography, sexual exploitation,
forced labor, slavery, involuntary servitude or debt bondage;

(c) When the crime is committed by a syndicate, or in large scale. Trafficking is deemed committed by a
syndicate if carried out by a group of three (3) or more persons conspiring or confederating with one
another. It is deemed committed in large scale if committed against three (3) or more persons, individually or
as a group;
 (REPUBLIC ACT 9208)
Anti-Trafficking in Persons Act of 2003
Section 6. Qualified Trafficking in Persons. - The following are considered as qualified trafficking:

(d) When the offender is an ascendant, parent, sibling, guardian or a person who exercises authority over the
trafficked person or when the offense is committed by a public officer or employee;

(e) When the trafficked person is recruited to engage in prostitution with any member of the military or law
enforcement agencies;

(f) When the offender is a member of the military or law enforcement agencies; and

(g) When by reason or on occasion of the act of trafficking in persons, the offended party dies, becomes
insane, suffers mutilation or is afflicted with Human Immunodeficiency Virus (HIV) or the Acquired Immune
Deficiency Syndrome (AIDS).
 (REPUBLIC ACT 9208)
Anti-Trafficking in Persons Act of 2003
Section 10. Penalties and Sanctions. - The following penalties and sanctions are hereby established for the offenses
enumerated in this Act:

(a) Any person found guilty of committing any of the acts enumerated in Section 4 shall suffer the penalty of imprisonment
of twenty (20) years and a fine of not less than One million pesos (P1,000,000.00) but not more than Two million pesos
(P2,000,000.00);
xxx
(c) Any person found guilty of qualified trafficking under Section 6 shall suffer the penalty of life imprisonment and a fine of
not less than Two million pesos (P2,000,000.00) but not more than Five million pesos (P5,000,000.00);
xxx
(e) If the offender is a corporation, partnership, association, club, establishment or any juridical person, the penalty shall be
imposed upon the owner, president, partner, manager, and/or any responsible officer who participated in the commission of
the crime or who shall have knowingly permitted or failed to prevent its commission;
xxx
(g) If the offender is a foreigner, he shall be immediately deported after serving his sentence and be barred permanently
from entering the country;
 (REPUBLIC ACT 9208)
Anti-Trafficking in Persons Act of 2003
Customers of Prostitutes - Customers of prostitute can be held criminally liable if the victim is a trafficked
person or a child. Under Sec. 11 of this law, buying or engaging the servies of trafficked persons for
prostitution constitutes the crimes of used of trafficked person. Under Sec. 5 (a) and (b) of RA No. 7610,
engaging child in prostitution or gaving sexual intercourse or committing lascivious conduct with a child
exploted in prostitution constitutes the crime of child prostitution.

Prostitutes under the RPC - in Article 202 of the RPC, prostitutes are women who, for money or profit,
habitually indulged in a sexual intercourse or lascivious conduct. Thus, habitualness is an element of the
crime of prostitution under Article 202. However, the word “habitually” is not used in RA No. 9208.
Under Article 202 of the RPC. prostitutes are women. Under RA 9208, persons trafficked for purposes of
prostitution may be a male or female.

Prescriptive Period. - Trafficking cases under this Act shall prescribe in ten (10) years: Provided, however,
That trafficking cases committed by a syndicate or in a large scale as defined under Section 6 shall prescribe
in twenty (20) years. x x x
(REPUBLIC ACT No. 9344 )

AN ACT ESTABLISHING A COMPREHENSIVE JUVENILE JUSTICE

AND WELFARE SYSTEM, CREATING THE JUVENILE JUSTICE AND
WELFARE COUNCIL UNDER THE DEPARTMENT OF JUSTICE,
APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES
 (REPUBLIC ACT 9344)
Juvenile Justice and Welfare Act of 2006
Q: What is the Juvenile Justice and Welfare Act of 2006?

The Juvenile Justice and Welfare Act is a child protection measure. Children in conflict with the law and
children at risk are victims of circumstances beyond their control. They are victims of abuse, of dysfunctional
families and insensitive communities. They should be treated as individuals with problems who need help
and need to be provided with appropriate assistance and services, to ensure the full protection of their
rights for survival, protection, development and participation.

From a child protection standpoint, we should look at the maximum age in which many children stand to
benefit. Studies in the past have also shown that 15 years old is within the stage of adolescence – the
transition age which is being characterized by curiosity, try-outs and identity crisis. These circumstances
expose them to risky and delinquent behavior. At this age, children are not yet emotionally stable and their
social judgment has not yet matured.
 (REPUBLIC ACT 9344)
Juvenile Justice and Welfare Act of 2006
SEC. 4. Definition of Terms. - The following terms as used in this Act shall be defined as follows:
(b) "Best Interest of the Child" refers to the totality of the circumstances and conditions which are most congenial to the
survival, protection and feelings of security of the child and most encouraging to the child's physical, psychological and
emotional development. It also means the least detrimental available alternative for safeguarding the growth and
development of the child.

(e) "Child" refers to a person under the age of eighteen (18) years.

(d) "Child at Risk" refers to a child who is vulnerable to and at the risk of committing criminal offenses because of personal,
family and social circumstances, such as, but not limited to, the following:

(1) being abused by any person through sexual, physical, psychological, mental, economic or any other
means and the parents or guardian refuse, are unwilling, or unable to provide protection for the child;
(2) being exploited including sexually or economically;
(3) being abandoned or neglected, and after diligent search and inquiry, the parent or guardian cannot be
found;
 (REPUBLIC ACT 9344)
Juvenile Justice and Welfare Act of 2006
(4) coming from a dysfunctional or broken family or without a parent or guardian;
(5) being out of school;
(6) being a streetchild;
(7) being a member of a gang;
(8) living in a community with a high level of criminality or drug abuse; and
(9) living in situations of armed conflict.

(e) "Child in Conflict with the Law" refers to a child who is alleged as, accused of, or adjudged as, having committed an offense under Philippine
laws.

(I) "Intervention" refers to a series of activities which are designed to address issues that caused the child to commit an offense. It may take the
form of an individualized treatment program which may include counseling, skills training, education, and other activities that will enhance
his/her psychological, emotional and psycho-social well-being.

(q) "Restorative Justice" refers to a principle which requires a process of resolving conflicts with the maximum involvement of the victim, the
offender and the community. It seeks to obtain reparation for the victim; reconciliation of the offender, the offended and the community; and
reassurance to the offender that he/she can be reintegrated into society. It also enhances public safety by activating the offender, the victim and
the community in prevention strategies.
 (REPUBLIC ACT 9344)
Juvenile Justice and Welfare Act of 2006
SEC. 6. Minimum Age of Criminal Responsibility. - A child fifteen (15) years of age or under at the time of the commission
of the offense shall be exempt from criminal liability. However, the child shall be subjected to an intervention program
pursuant to Section 20 of this Act.

A child above fifteen (15) years but below eighteen (18) years of age shall likewise be exempt from criminal liability and be
subjected to an intervention program, unless he/she has acted with discernment, in which case, such child shall be
subjected to the appropriate proceedings in accordance with this Act.

The exemption from criminal liability herein established does not include exemption from civil liability, which shall be
enforced in accordance with existing laws.

REMEMBER:
15 y.o. and below = exempt from criminal liability but subject to intervention program.
15 y.o. - 17 y.o. = exempt from criminal liability and subject to intervention program EXCEPT when the CICL has
acted with discernment.
 (REPUBLIC ACT 9344)
Juvenile Justice and Welfare Act of 2006
Q: What will happen to a CICL who committed a heinous crimes such as rape or murder?

If the children in conflict with the law are 15 years of age OR above 15 but below 18 years old at the time of commission of the offense, and
found to have acted without discernment, the child is exempt from criminal responsibility regardless of the nature of the crime committed.
However, if the child is above 15 but below 18 who acted with discernment committed an offense with an imposable penalty of more than six
years imprisonment (as in cases of rape or murder), the law provides that the child shall undergo court proceedings. When brought to court, the
child may be placed under suspended sentence and be subjected to rehabilitation programs.

The social worker prepares an assessment report on the absence or presence of discernment in the commitment of a crime. Using a set of
tested and validated tools in assessing discernment, the social worker used the following as the bases for the report: (i) facts and circumstances
surrounding the case (Rule 34 c.1); (ii) educational level and performance of the child in school (Rule 34 c.2); (iii) appearance, attitude and the
child’s demeanor before, during and after the commission of the offense (Rule 34 c.3); and (iv)assessment of a psychologist or psychiatrist which
the social worker may request.

The child in conflict with the law may even be confined, by court order, in a facility for minors, where children are made aware that
inappropriate behavior on their part cannot go unpunished and that they must account for wrongful acts.

Children do not go scot-free but must account for their acts in a child appropriate process under the juvenile justice system. Justice is not denied
to victims of wrongful acts committed by minors. The victims and their families can and shall obtain justice through the Juvenile Justice system.
(REPUBLIC ACT 9165)
COMPREHENSIVE DANGEROUS
DRUGS ACT OF 2002
(REPUBLIC ACT 9165)
COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002
Section 2. Declaration of Policy. – It is the policy of the State to safeguard the integrity of its territory and the well-
being of its citizenry particularly the youth, from the harmful effects of dangerous drugs on their physical and mental
well-being, and to defend the same against acts or omissions detrimental to their development and preservation. In
view of the foregoing, the State needs to enhance further the efficacy of the law against dangerous drugs, it being one
of today's more serious social ills.

Toward this end, the government shall pursue an intensive and unrelenting campaign against the trafficking and use of
dangerous drugs and other similar substances through an integrated system of planning, implementation and
enforcement of anti-drug abuse policies, programs, and projects. The government shall however aim to achieve a
balance in the national drug control program so that people with legitimate medical needs are not prevented from
being treated with adequate amounts of appropriate medications, which include the use of dangerous drugs.

It is further declared the policy of the State to provide effective mechanisms or measures to re-integrate into society
individuals who have fallen victims to drug abuse or dangerous drug dependence through sustainable programs of
treatment and rehabilitation.
 (REPUBLIC ACT 9165)
COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002
(v) Cannabis or commonly known as "Marijuana" or "Indian Hemp" or by its any other name. – Embraces every kind, class, genus, or specie of
the plant Cannabis sativa L. including, but not limited to, Cannabis americana, hashish, bhang, guaza, churrus and ganjab, and embraces every
kind, class and character of marijuana, whether dried or fresh and flowering, flowering or fruiting tops, or any part or portion of the plant and
seeds thereof, and all its geographic varieties, whether as a reefer, resin, extract, tincture or in any form whatsoever.

(w) Methylenedioxymethamphetamine (MDMA) or commonly known as "Ecstasy", or by its any other name. – Refers to the drug having such
chemical composition, including any of its isomers or derivatives in any form.

(x) Methamphetamine Hydrochloride or commonly known as "Shabu", "Ice", "Meth", or by its any other name. – Refers to the drug having such
chemical composition, including any of its isomers or derivatives in any form.

(y) Opium. – Refers to the coagulated juice of the opium poppy (Papaver somniferum L.) and embraces every kind, class and character of opium,
whether crude or prepared; the ashes or refuse of the same; narcotic preparations thereof or therefrom; morphine or any alkaloid of opium;
preparations in which opium, morphine or any alkaloid of opium enters as an ingredient; opium poppy; opium poppy straw; and leaves or
wrappings of opium leaves, whether prepared for use or not.

(z) Opium Poppy. – Refers to any part of the plant of the species Papaver somniferum L., Papaver setigerum DC, Papaver orientale, Papaver
bracteatum and Papaver rhoeas, which includes the seeds, straws, branches, leaves or any part thereof, or substances derived therefrom, even
for floral, decorative and culinary purposes.
(REPUBLIC ACT 9165)
COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002

Controlled Precursors and Essential

Chemicals. – Include those listed in
Tables I and II of the 1988 UN
Convention Against Illicit Traffic in
Narcotic Drugs and Psychotropic
Substances as enumerated in the
attached annex, which is an integral
part of this Act.
(REPUBLIC ACT 9165)
COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002

Sulphuric Acid
(REPUBLIC ACT 9165)
COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002

Acetone
 (REPUBLIC ACT 9165)
COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002
ARTICLE II

Unlawful Acts and Penalties

Section 4. Importation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals.- .The penalty of life
imprisonment to death and a ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos
(P10,000,000.00) shall be imposed upon any person, who, unless authorized by law, shall import or bring into the
Philippines any dangerous drug, regardless of the quantity and purity involved, including any and all species of opium poppy
or any part thereof or substances derived therefrom even for floral, decorative and culinary purposes.

The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging from
One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any
person, who, unless authorized by law, shall import any controlled precursor and essential chemical.
 (REPUBLIC ACT 9165)
COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002
The maximum penalty provided for under this Section shall be imposed upon any person, who, unless authorized under this
Act, shall import or bring into the Philippines any dangerous drug and/or controlled precursor and essential chemical
through the use of a diplomatic passport, diplomatic facilities or any other means involving his/her official status intended
to facilitate the unlawful entry of the same. In addition, the diplomatic passport shall be confiscated and canceled.

The maximum penalty provided for under this Section shall be imposed upon any person, who organizes, manages or acts as
a "financier" of any of the illegal activities prescribed in this Section.

The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine ranging from One hundred
thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any person, who acts
as a "protector/coddler" of any violator of the provisions under this Section.
 (REPUBLIC ACT 9165)
COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002
Section 5. Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation of Dangerous Drugs
and/or Controlled Precursors and Essential Chemicals. - The penalty of life imprisonment to death and a fine ranging from
Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who,
unless authorized by law, shall sell, trade, administer, dispense, deliver, give away to another, distribute dispatch in transit or
transport any dangerous drug, including any and all species of opium poppy regardless of the quantity and purity involved,
or shall act as a broker in any of such transactions.

The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging from
One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any
person, who, unless authorized by law, shall sell, trade, administer, dispense, deliver, give away to another, distribute,
dispatch in transit or transport any controlled precursor and essential chemical, or shall act as a broker in such transactions.

If the sale, trading, administration, dispensation, delivery, distribution or transportation of any dangerous drug and/or
controlled precursor and essential chemical transpires within one hundred (100) meters from the school, the maximum
penalty shall be imposed in every case.
 (REPUBLIC ACT 9165)
COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002
For drug pushers who use minors or mentally incapacitated individuals as runners, couriers and messengers, or in any other
capacity directly connected to the dangerous drugs and/or controlled precursors and essential chemical trade, the
maximum penalty shall be imposed in every case.

If the victim of the offense is a minor or a mentally incapacitated individual, or should a dangerous drug and/or a controlled
precursor and essential chemical involved in any offense herein provided be the proximate cause of death of a victim
thereof, the maximum penalty provided for under this Section shall be imposed.

The maximum penalty provided for under this Section shall be imposed upon any person who organizes, manages or acts as
a "financier" of any of the illegal activities prescribed in this Section.

The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine ranging from One hundred
thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any person, who acts
as a "protector/coddler" of any violator of the provisions under this Section.
 (REPUBLIC ACT 9165)
COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002
Section 6. Maintenance of a Den, Dive or Resort. - The penalty of life imprisonment to death and a fine ranging from Five
hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person or group of
persons who shall maintain a den, dive or resort where any dangerous drug is used or sold in any form.

The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging from
One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any
person or group of persons who shall maintain a den, dive, or resort where any controlled precursor and essential chemical
is used or sold in any form.

The maximum penalty provided for under this Section shall be imposed in every case where any dangerous drug is
administered, delivered or sold to a minor who is allowed to use the same in such a place.

Should any dangerous drug be the proximate cause of the death of a person using the same in such den, dive or resort, the
penalty of death and a fine ranging from One million (P1,000,000.00) to Fifteen million pesos (P500,000.00) shall be
imposed on the maintainer, owner and/or operator.
 (REPUBLIC ACT 9165)
COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002
If such den, dive or resort is owned by a third person, the same shall be confiscated and escheated in favor of
the government: Provided, That the criminal complaint shall specifically allege that such place is intentionally
used in the furtherance of the crime: Provided, further, That the prosecution shall prove such intent on the
part of the owner to use the property for such purpose: Provided, finally, That the owner shall be included as
an accused in the criminal complaint.

The maximum penalty provided for under this Section shall be imposed upon any person who organizes,
manages or acts as a "financier" of any of the illegal activities prescribed in this Section.

The penalty twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine ranging from
One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed
upon any person, who acts as a "protector/coddler" of any violator of the provisions under this Section.
 (REPUBLIC ACT 9165)
COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002
Section 7. Employees and Visitors of a Den, Dive or Resort. - The penalty of imprisonment ranging from
twelve (12) years and one (1) day to twenty (20) years and a fine ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon:

(a) Any employee of a den, dive or resort, who is aware of the nature of the place as such; and

(b) Any person who, not being included in the provisions of the next preceding, paragraph, is aware of the
nature of the place as such and shall knowingly visit the same.
 (REPUBLIC ACT 9165)
COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002
Section 8. Manufacture of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. - The
penalty of life imprisonment to death and a fine ranging Five hundred thousand pesos (P500,000.00) to Ten
million pesos (P10,000,000.00) shall be imposed upon any person, who, unless authorized by law, shall
engage in the manufacture of any dangerous drug.

The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine
ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00)
shall be imposed upon any person, who, unless authorized by law, shall manufacture any controlled
precursor and essential chemical.

The presence of any controlled precursor and essential chemical or laboratory equipment in the clandestine
laboratory is a prima facie proof of manufacture of any dangerous drug. It shall be considered an aggravating
circumstance if the clandestine laboratory is undertaken or established under the following circumstances:
 (REPUBLIC ACT 9165)
COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002
(a) Any phase of the manufacturing process was conducted in the presence or with the help of minor/s:
(b) Any phase or manufacturing process was established or undertaken within one hundred (100) meters of a
residential, business, church or school premises;
(c) Any clandestine laboratory was secured or protected with booby traps;
(d) Any clandestine laboratory was concealed with legitimate business operations; or
(e) Any employment of a practitioner, chemical engineer, public official or foreigner.

The maximum penalty provided for under this Section shall be imposed upon any person, who organizes,
manages or acts as a "financier" of any of the illegal activities prescribed in this Section.

The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine ranging
from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be
imposed upon any person, who acts as a "protector/coddler" of any violator of the provisions under this
Section.
 (REPUBLIC ACT 9165)
COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002
Section 11. Possession of Dangerous Drugs. - The penalty of life imprisonment to death and a fine ranging from Five
hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who,
unless authorized by law, shall possess any dangerous drug in the following quantities, regardless of the degree of purity
thereof:
(1) 10 grams or more of opium;
(2) 10 grams or more of morphine;
(3) 10 grams or more of heroin;
(4) 10 grams or more of cocaine or cocaine hydrochloride;
(5) 50 grams or more of methamphetamine hydrochloride or "shabu";
(6) 10 grams or more of marijuana resin or marijuana resin oil;
(7) 500 grams or more of marijuana; and
(8) 10 grams or more of other dangerous drugs such as, but not limited to, methylenedioxymethamphetamine (MDA) or
"ecstasy", paramethoxyamphetamine (PMA), trimethoxyamphetamine (TMA), lysergic acid diethylamine (LSD), gamma
hydroxyamphetamine (GHB), and those similarly designed or newly introduced drugs and their derivatives, without having
any therapeutic value or if the quantity possessed is far beyond therapeutic requirements, as determined and promulgated
by the Board in accordance to Section 93, Article XI of this Act.
 (REPUBLIC ACT 9165)
COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002
Otherwise, if the quantity involved is less than the foregoing quantities, the penalties shall be graduated as follows:

(1) Life imprisonment and a fine ranging from Four hundred thousand pesos (P400,000.00) to Five hundred thousand pesos (P500,000.00), if the
quantity of methamphetamine hydrochloride or "shabu" is ten (10) grams or more but less than fifty (50) grams;

(2) Imprisonment of twenty (20) years and one (1) day to life imprisonment and a fine ranging from Four hundred thousand pesos (P400,000.00)
to Five hundred thousand pesos (P500,000.00), if the quantities of dangerous drugs are five (5) grams or more but less than ten (10) grams of
opium, morphine, heroin, cocaine or cocaine hydrochloride, marijuana resin or marijuana resin oil, methamphetamine hydrochloride or
"shabu", or other dangerous drugs such as, but not limited to, MDMA or "ecstasy", PMA, TMA, LSD, GHB, and those similarly designed or newly
introduced drugs and their derivatives, without having any therapeutic value or if the quantity possessed is far beyond therapeutic
requirements; or three hundred (300) grams or more but less than five (hundred) 500) grams of marijuana; and

(3) Imprisonment of twelve (12) years and one (1) day to twenty (20) years and a fine ranging from Three hundred thousand pesos
(P300,000.00) to Four hundred thousand pesos (P400,000.00), if the quantities of dangerous drugs are less than five (5) grams of opium,
morphine, heroin, cocaine or cocaine hydrochloride, marijuana resin or marijuana resin oil, methamphetamine hydrochloride or "shabu", or
other dangerous drugs such as, but not limited to, MDMA or "ecstasy", PMA, TMA, LSD, GHB, and those similarly designed or newly introduced
drugs and their derivatives, without having any therapeutic value or if the quantity possessed is far beyond therapeutic requirements; or less
than three hundred (300) grams of marijuana.
 (REPUBLIC ACT 9165)
COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002
Section 12. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous Drugs. - The penalty
of imprisonment ranging from six (6) months and one (1) day to four (4) years and a fine ranging from Ten thousand pesos
(P10,000.00) to Fifty thousand pesos (P50,000.00) shall be imposed upon any person, who, unless authorized by law, shall
possess or have under his/her control any equipment, instrument, apparatus and other paraphernalia fit or intended for
smoking, consuming, administering, injecting, ingesting, or introducing any dangerous drug into the body: Provided, That in
the case of medical practitioners and various professionals who are required to carry such equipment, instrument,
apparatus and other paraphernalia in the practice of their profession, the Board shall prescribe the necessary implementing
guidelines thereof.

The possession of such equipment, instrument, apparatus and other paraphernalia fit or intended for any of the purposes
enumerated in the preceding paragraph shall be prima facie evidence that the possessor has smoked, consumed,
administered to himself/herself, injected, ingested or used a dangerous drug and shall be presumed to have violated Section
15 of this Act.
 (REPUBLIC ACT 9165)
COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002
Section 13. Possession of Dangerous Drugs During Parties, Social Gatherings or Meetings. – Any person
found possessing any dangerous drug during a party, or at a social gathering or meeting, or in the proximate
company of at least two (2) persons, shall suffer the maximum penalties provided for in Section 11 of this
Act, regardless of the quantity and purity of such dangerous drugs.

Section 14. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous Drugs
During Parties, Social Gatherings or Meetings. - The maximum penalty provided for in Section 12 of this Act
shall be imposed upon any person, who shall possess or have under his/her control any equipment,
instrument, apparatus and other paraphernalia fit or intended for smoking, consuming, administering,
injecting, ingesting, or introducing any dangerous drug into the body, during parties, social gatherings or
meetings, or in the proximate company of at least two (2) persons.
 (REPUBLIC ACT 9165)
COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002

Section 15. Use of Dangerous Drugs. – A person apprehended or arrested, who is found to be positive for
use of any dangerous drug, after a confirmatory test, shall be imposed a penalty of a minimum of six (6)
months rehabilitation in a government center for the first offense, subject to the provisions of Article VIII of
this Act. If apprehended using any dangerous drug for the second time, he/she shall suffer the penalty of
imprisonment ranging from six (6) years and one (1) day to twelve (12) years and a fine ranging from Fifty
thousand pesos (P50,000.00) to Two hundred thousand pesos (P200,000.00): Provided, That this Section
shall not be applicable where the person tested is also found to have in his/her possession such quantity of
any dangerous drug provided for under Section 11 of this Act, in which case the provisions stated therein
shall apply.

Section 16. Cultivation or Culture of Plants Classified as Dangerous Drugs or are Sources Thereof. -
 (REPUBLIC ACT 9165)
COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002
Section 18. Unnecessary Prescription of Dangerous Drugs. – The penalty of imprisonment ranging from
twelve (12) years and one (1) day to twenty (20) years and a fine ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos (P500,000.00) and the additional penalty of the revocation of
his/her license to practice shall be imposed upon the practitioner, who shall prescribe any dangerous drug to
any person whose physical or physiological condition does not require the use or in the dosage prescribed
therein, as determined by the Board in consultation with recognized competent experts who are authorized
representatives of professional organizations of practitioners, particularly those who are involved in the care
of persons with severe pain.

Section 19. Unlawful Prescription of Dangerous Drugs. – The penalty of life imprisonment to death and a
fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be
imposed upon any person, who, unless authorized by law, shall make or issue a prescription or any other
writing purporting to be a prescription for any dangerous drug.
 (REPUBLIC ACT 9165)
COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002

REPUBLIC ACT NO. 10640

AN ACT TO FURTHER STRENGTHEN THE ANTI-DRUG CAMPAIGN OF THE GOVERNMENT,

AMENDING FOR THE PURPOSE SECTION 21 OF REPUBLIC ACT NO. 9165, OTHERWISE KNOWN AS
THE "COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002"
 (REPUBLIC ACT 9165)
COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002

Chain of custody is defined as the duly

recorded authorized movements and custody
of seized drugs at each stage, from the time of
seizure/confiscation to receipts in the forensic
laboratory, to safekeeping and to presentation
in court for destruction.

https://lawschoolbuddy.info/chain-of-custody-rule-ra-9165-comprehensive-dangerous-drugs-act-of-
2002/
 (REPUBLIC ACT 10640) amending Sec 21 of the
COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002
Section 1. Section 21 of Republic Act No. 9165, otherwise known as the "Comprehensive
Dangerous Drugs Act of 2002", is hereby amended to read as follows:

"SEC. 21. Custody and Disposition of Confiscated, Seized, and/or Surrendered Dangerous
Drugs, Plant Sources of Dangerous Drugs, Controlled Precursors and Essential Chemicals,
Instruments/Paraphernalia and/or Laboratory Equipment. – The PDEA shall take charge and
have custody of all dangerous drugs, plant sources of dangerous drugs, controlled precursors
and essential chemicals, as well as instruments/paraphernalia and/or laboratory equipment so
confiscated, seized and/or surrendered, for proper disposition in the following manner:
 (REPUBLIC ACT 10640) amending Sec 21 of the
COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002
"(1) The apprehending team having initial custody and control of the dangerous drugs,
controlled precursors and essential chemicals, instruments/paraphernalia and/or laboratory
equipment shall, immediately after seizure and confiscation, conduct a physical inventory of the
seized items and photograph the same in the presence of the accused or the person/s from
whom such items were confiscated and/or seized, or his/her representative or counsel, with an
elected public official and a representative of the National Prosecution Service or the media who
shall be required to sign the copies of the inventory and be given a copy thereof: Provided, That
the physical inventory and photograph shall be conducted at the place where the search warrant
is served; or at the nearest police station or at the nearest office of the apprehending
officer/team, whichever is practicable, in case of warrantless seizures: Provided, finally, That
noncompliance of these requirements under justifiable grounds, as long as the integrity and the
evidentiary value of the seized items are properly preserved by the apprehending officer/team,
shall not render void and invalid such seizures and custody over said items.
 (REPUBLIC ACT 10640) amending Sec 21 of the
COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002
RA 7160 (Sec 21, par. 1) RA 10640 amending Sec. 21, par. 1

(1) The apprehending team having initial custody and control The apprehending team having initial custody and control of
of the drugs shall, immediately after seizure and the dangerous drugs, controlled precursors and essential
confiscation, physically inventory and photograph the same chemicals, instruments/paraphernalia and/or laboratory
in the presence of the accused or the person/s from whom equipment shall, immediately after seizure and confiscation,
such items were confiscated and/or seized, or his/her conduct a physical inventory of the seized items and
representative or counsel, a representative from the media photograph the same in the presence of the accused or the
and the Department of Justice (DOJ), and any elected public person/s from whom such items were confiscated and/or
official who shall be required to sign the copies of the seized, or his/her representative or counsel, with an elected
inventory and be given a copy thereof; public official and a representative of the National
Prosecution Service or the media who shall be required to
sign the copies of the inventory and be given a copy thereof:
Provided, That the physical inventory and photograph shall
be conducted at the place where the search warrant is
served; or at the nearest police station or at the nearest
office of the apprehending officer/team, whichever is
practicable, in case of warrantless seizures: Provided, finally,
That noncompliance of these requirements under justifiable
grounds, as long as the integrity and the evidentiary value of
the seized items are properly preserved by the
 (REPUBLIC ACT 10640) amending Sec 21 of the
COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002
RA 7160 (Sec 21, par. 1) RA 10640 amending Sec. 21, par. 1

Shall conduct physical inventory and photograph in the Shall conduct physical inventory and photgraphy in the
presence of: presence of:

1) the accused; 1) the accused;

2) representative from the Media; 2) with an elected public official; and
3) representative from Department of Justice (DOJ); and 3) a representative of the National Prosecution Service or
4) any elected public official the media
(REPUBLIC ACT 10640) amending Sec 21 of the
COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002

(2) Within twenty-four (24) hours upon confiscation/seizure of dangerous drugs, plant sources
of dangerous drugs, controlled precursors and essential chemicals, as well as
instruments/paraphernalia and/or laboratory equipment, the same shall be submitted to the
PDEA Forensic Laboratory for a qualitative and quantitative examination;

"(3) A certification of the forensic laboratory examination results, which shall be done by the
forensic laboratory examiner, shall be issued immediately upon the receipt of the subject
item/s: Provided, That when the volume of dangerous drugs, plant sources of dangerous drugs,
and controlled precursors and essential chemicals does not allow the completion of testing
within the time frame, a partial laboratory examination report shall be provisionally issued
stating therein the quantities of dangerous drugs still to be examined by the forensic
laboratory: Provided, however, That a final certification shall be issued immediately upon
completion of the said examination and certification;
 (REPUBLIC ACT 10640) amending Sec 21 of the
COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002
RA 7160 (Sec 21, par. 3) RA 10640 amending Sec. 21, par. 3

(3) A certification of the forensic laboratory examination "(3) A certification of the forensic laboratory examination
results, which shall be done under oath by the forensic results, which shall be done by the forensic laboratory
laboratory examiner, shall be issued within twenty-four (24) examiner, shall be issued immediately upon the receipt of
hours after the receipt of the subject item/s: Provided, That the subject item/s: Provided, That when the volume of
when the volume of the dangerous drugs, plant sources of dangerous drugs, plant sources of dangerous drugs, and
dangerous drugs, and controlled precursors and essential controlled precursors and essential chemicals does not allow
chemicals does not allow the completion of testing within the completion of testing within the time frame, a partial
the time frame, a partial laboratory examination report shall laboratory examination report shall be provisionally issued
be provisionally issued stating therein the quantities of stating therein the quantities of dangerous drugs still to be
dangerous drugs still to be examined by the forensic examined by the forensic laboratory: Provided, however,
laboratory: Provided, however, That a final certification shall That a final certification shall be issued immediately upon
be issued on the completed forensic laboratory examination completion of the said examination and certification;
on the same within the next twenty-four (24) hours;
REPUBLIC ACT 9165
COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002

(4) After the filing of the criminal case, the Court shall, within seventy-two (72) hours,
conduct an ocular inspection of the confiscated, seized and/or surrendered dangerous
drugs, plant sources of dangerous drugs, and controlled precursors and essential
chemicals, including the instruments/paraphernalia and/or laboratory equipment, and
through the PDEA shall within twenty-four (24) hours thereafter proceed with the
destruction or burning of the same, in the presence of the accused or the person/s from
whom such items were confiscated and/or seized, or his/her representative or counsel, a
representative from the media and the DOJ, civil society groups and any elected public
official. The Board shall draw up the guidelines on the manner of proper disposition and
destruction of such item/s which shall be borne by the offender: Provided, That those
item/s of lawful commerce, as determined by the Board, shall be donated, used or recycled
for legitimate purposes: Provided, further, That a representative sample, duly weighed and
recorded is retained;
REPUBLIC ACT 9165
COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002

5) The Board shall then issue a sworn certification as to the fact of destruction or burning of
the subject item/s which, together with the representative sample/s in the custody of the
PDEA, shall be submitted to the court having jurisdiction over the case. In all instances, the
representative sample/s shall be kept to a minimum quantity as determined by the Board;

(6) The alleged offender or his/her representative or counsel shall be allowed to personally
observe all of the above proceedings and his/her presence shall not constitute an admission
of guilt. In case the said offender or accused refuses or fails to appoint a representative after
due notice in writing to the accused or his/her counsel within seventy-two (72) hours before
the actual burning or destruction of the evidence in question, the Secretary of Justice shall
appoint a member of the public attorney's office to represent the former;
REPUBLIC ACT 9165
COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002

(7) After the promulgation and judgment in the criminal case wherein the representative
sample/s was presented as evidence in court, the trial prosecutor shall inform the Board of
the final termination of the case and, in turn, shall request the court for leave to turn over the
said representative sample/s to the PDEA for proper disposition and destruction within
twenty-four (24) hours from receipt of the same; and

(8) Transitory Provision: a) Within twenty-four (24) hours from the effectivity of this Act,
dangerous drugs defined herein which are presently in possession of law enforcement
agencies shall, with leave of court, be burned or destroyed, in the presence of representatives
of the Court, DOJ, Department of Health (DOH) and the accused/and or his/her counsel, and,
b) Pending the organization of the PDEA, the custody, disposition, and burning or destruction
of seized/surrendered dangerous drugs provided under this Section shall be implemented by
the DOH.
 REPUBLIC ACT 9165
COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002
• Our Dangerous Drugs Act under Republic Act 9165, as amended by RA 10640, provides for
the so-called chain of custody rule, a rule which is meant to maintain the integrity of
evidence in drug cases and make the case foolproof against adulteration or planting of
evidence.

• Chain of custody is defined as the duly recorded authorized movements and custody of
seized drugs at each stage, from the time of seizure/confiscation to receipts in the forensic
laboratory, to safekeeping and to presentation in court for destruction.

• The purpose of establishing a chain of custody is to guaranty the integrity of the physical
evidence and to prevent the introduction of evidence which is not authentic but when the
exhibit is positively identified the chain of custody of physical evidence is irrelevant.
 REPUBLIC ACT 9165
COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002
In People v. Kamad and People v. Dahil,this Court enumerated the links that the prosecution
must establish in the chain of custody of a buy-­bust situation to be as follows:

• First, the seizure and marking, if practicable, of the illegal drug recovered from the accused
by the apprehending officer; [S&M by AO]
• Second, the turnover of the illegal drug seized by the apprehending officer to the
investigating officer within 24 hrs; [TO by AO to IO within 24hrs]
• Third, the turnover by the investigating officer of the illegal drug to the forensic chemist for
laboratory examination; and [TO by IO to FC]
• Fourth, the turnover and submission of the marked illegal drug seized by the forensic
chemist to the court. [TO by FC to C]
 REPUBLIC ACT 9165
COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002

Non-compliance with Sec. 21 of RA 9165, particularly the making of the

inventory and their photographing of the drugs confiscated will NOT
render the drugs inadmissible in evidence.

The issue if there is non-compliance with the law is not admissibility, but
of weight – evidentiary merit or probative value (People vs. Del Monte,
GR No. 179940 [2008])
 REPUBLIC ACT 9165
COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002

Sec. 3
(cc) Planting of Evidence. – The willful act by any person of maliciously and surreptitiously
inserting, placing, adding or attaching directly or indirectly, through any overt or covert act,
whatever quantity of any dangerous drug and/or controlled precursor and essential chemical in
the person, house, effects or in the immediate vicinity of an innocent individual for the purpose
of implicating, incriminating or imputing the commission of any violation of this Act.

Section 29. Criminal Liability for Planting of Evidence. – Any person who is found guilty of
"planting" any dangerous drug and/or controlled precursor and essential chemical, regardless of
quantity and purity, shall suffer the penalty of death.
REPUBLIC ACT 9165
COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002

Section 23. Plea-Bargaining Provision. – Any person charged under any provision of
this Act regardless of the imposable penalty shall not be allowed to avail of the
provision on plea-bargaining. (Sec. 23 of RA 9165 declared UNCONSTITUTIONAL)

Q: Is plea bargaining allowed in drug cases?

Yes, in the landmark case of Salvador Estipona vs. Judge Lobrigo (En Banc), G.R. No.
226679, August 15, 2017, the Supreme Court declared Sec. 23 of RA 9165 prohibiting
plea bargaining in drug cases to be unconstitutional.
REPUBLIC ACT 9165
COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002

Q: In plea bargaining, can the accused demand other parties to accept the plea to a lower offense?

No. A plea bargain still requires mutual agreement of the parties and remains subject to the approval
of the court.
The acceptance of an offer to plead guilty to a lesser offense is not demandable by the accused as a
matter of right but is a matter addressed entirely to the sound discretion of the trial court.

Q: What is the role of the PNP in plea bargaining?

The Revised Guidelines for Continuous Trial of Criminal Cases as stated in DIDM (Directorate for
Investigation and Detective Management (DIDM) of PNP) Investigative Directive No. 2018-20 states
that the arresting officer in “victimless crimes” shall be present during plea bargaining to give his/her
consent, with the conformity of the public prosecutor.
DOJ CIRCULAR NO. 018

DOJ CIRCULAR NO. 018

DATE: May 10, 2022
Re: REVISED AMENDED GUIDELINES ON PLEA BARGAINING FOR RA 9165
DOJ CIRCULAR NO. 018
DOJ CIRCULAR NO. 018
DOJ CIRCULAR NO. 018
DOJ CIRCULAR NO. 018
DOJ CIRCULAR NO. 018
DOJ CIRCULAR NO. 018
REPUBLIC ACT No. 10591

AN ACT PROVIDING FOR A COMPREHENSIVE LAW ON

FIREARMS AND AMMUNITION AND PROVIDING
PENALTIES FOR VIOLATIONS THEREOF
 REPUBLIC ACT 10591
COMPREHENSIVE FIREARMS AND
AMMUNITION REGULATION ACT
(Sec. 5) Gun ownership by a juridical entity: SEC-registered corporations, represented by the
President or any officer based on a board resolution; local government units and security
agencies qualify as juridical entities subject to additional requirements as may be required by
the Chief of the Philippine National Police.

Who may get a license:

Section 4. Standards and Requisites for Issuance of and Obtaining a License to Own and
Possess Firearms. – In order to qualify and acquire a license to own and possess a firearm or
firearms and ammunition, the applicant must be a Filipino citizen, at least twenty-one (21) years
old and has gainful work, occupation or business or has filed an Income Tax Return (ITR) for the
preceding year as proof of income, profession, business or occupation.
 REPUBLIC ACT 10591
COMPREHENSIVE FIREARMS AND
AMMUNITION REGULATION ACT
In addition, the applicant shall submit the following certification issued by appropriate authorities attesting
the following:
(a) The applicant has not been convicted of any crime involving moral turpitude;
(b) The applicant has passed the psychiatric test administered by a PNP-accredited psychologist or
psychiatrist;
(c) The applicant has passed the drug test conducted by an accredited and authorized drug testing laboratory
or clinic;
(d) The applicant has passed a gun safety seminar which is administered by the PNP or a registered and
authorized gun club;
(e) The applicant has filed in writing the application to possess a registered firearm which shall state the
personal circumstances of the applicant;
(f) The applicant must present a police clearance from the city or municipality police office; and
(g) The applicant has not been convicted or is currently an accused in a pending criminal case before any
court of law for a crime that is punishable with a penalty of more than two (2) years.
 REPUBLIC ACT 10591
COMPREHENSIVE FIREARMS AND
AMMUNITION REGULATION ACT

For purposes of this Act, an acquittal or permanent dismissal of a criminal case before the courts of law shall
qualify the accused thereof to qualify and acquire a license.

The applicant shall pay the reasonable licensing fees as may be provided in the implementing rules and
regulations of this Act.

An applicant who intends to possess a firearm owned by a juridical entity shall submit his/her duty detail
order to the FEO of the PNP.
 REPUBLIC ACT 10591
COMPREHENSIVE FIREARMS AND
AMMUNITION REGULATION ACT
Section 7. Carrying of Firearms Outside of Residence or Place of Business. – A permit to carry firearms outside of residence shall be issued by
the Chief of the PNP or his/her duly authorized representative to any qualified person whose life is under actual threat or his/her life is in
imminent danger due to the nature of his/her profession, occupation or business.

It shall be the burden of the applicant to prove that his/her life is under actual threat by submitting a threat assessment certificate from the PNP.

For purposes of this Act, the following professionals are considered to be in imminent danger due to the nature of their profession, occupation
or business:
(a) Members of the Philippine Bar;
(b) Certified Public Accountants;
(c) Accredited Media Practitioners;
(d) Cashiers, Bank Tellers;
(e) Priests, Ministers, Rabbi, Imams;
(f) Physicians and Nurses;
(g) Engineers; and
(h) Businessmen, who by the nature of their business or undertaking, are exposed to high risk of being targets of criminal elements.
 REPUBLIC ACT 10591
COMPREHENSIVE FIREARMS AND
AMMUNITION REGULATION ACT
Section 3. Definition of Terms. – As used in this Act:
(c) Antique firearm refers to any: (1) firearm which was manufactured at least seventy-five (75) years prior to
the current date but not including replicas; (2) firearm which is certified by the National Museum of the
Philippines to be curio or relic of museum interest; and (3) any other firearm which derives a substantial part
of its monetary value from the fact that it is novel, rare, bizarre or because of its association with some
historical figure, period or event.

(l) Firearm refers to any handheld or portable weapon, whether a small arm or light weapon, that expels or
is designed to expel a bullet, shot, slug, missile or any projectile, which is discharged by means of expansive
force of gases from burning gunpowder or other form of combustion or any similar instrument or
implement. For purposes of this Act, the barrel, frame or receiver is considered a firearm.

(n) Forfeited firearm refers to a firearm that is subject to forfeiture by reason of court order as accessory
penalty or for the disposition by the FEO of the PNP of firearms considered as abandoned, surrendered,
confiscated or revoked in compliance with existing rules and regulations.
 REPUBLIC ACT 10591
COMPREHENSIVE FIREARMS AND
AMMUNITION REGULATION ACT
(t) Light weapons are:
Class-A Light weapons which refer to self-loading pistols, rifles and carbines, submachine guns, assault rifles
and light machine guns not exceeding caliber 7.62MM which have fully automatic mode; and

Class-B Light weapons which refer to weapons designed for use by two (2) or more persons serving as a crew,
or rifles and machine guns exceeding caliber 7.62MM such as heavy machine guns, handheld underbarrel
and mounted grenade launchers, portable anti-aircraft guns, portable anti-tank guns, recoilless rifles,
portable launchers of anti-tank missile and rocket systems, portable launchers of anti-aircraft missile
systems, and mortars of a caliber of less than 100MM.

(v) Loose firearm refers to an unregistered firearm, an obliterated or altered firearm, firearm which has been
lost or stolen, illegally manufactured firearms, registered firearms in the possession of an individual other
than the licensee and those with revoked licenses in accordance with the rules and regulations.
 REPUBLIC ACT 10591
COMPREHENSIVE FIREARMS AND
AMMUNITION REGULATION ACT
(dd) Small arms refer to firearms intended to be or primarily designed for individual use or that which is generally
considered to mean a weapon intended to be fired from the hand or shoulder, which are not capable of fully automatic
bursts of discharge, such as:
(1) Handgun which is a firearm intended to be fired from the hand, which includes:
(i) A pistol which is a hand-operated firearm having a chamber integral with or permanently aligned with the
bore which may be self-loading; and
(ii) Revolver which is a hand-operated firearm with a revolving cylinder containing chambers for individual
cartridges.
(2) Rifle which is a shoulder firearm or designed to be fired from the shoulder that can discharge a bullet through a rifled
barrel by different actions of loading, which may be classified as lever, bolt, or self-loading; and
(3) Shotgun which is a weapon designed, made and intended to fire a number of ball shots or a single projectile through a
smooth bore by the action or energy from burning gunpowder.

(ff) Tampered, obliterated or altered firearm refers to any firearm whose serial number or other identification or ballistics
characteristics have been intentionally tampered with, obliterated or altered without authority or in order to conceal its
source, identity or ownership.
 REPUBLIC ACT 10591
COMPREHENSIVE FIREARMS AND
AMMUNITION REGULATION ACT
Section 8. Authority to Issue License. – The Chief of the PNP, through the FEO of the PNP, shall issue licenses to qualified individuals and to
cause the registration of firearms.

Section 9. Licenses Issued to Individuals. – Subject to the requirements set forth in this Act and payment of required fees to be determined by
the Chief of the PNP, a qualified individual may be issued the appropriate license under the following categories;

Type 1 license – allows a citizen to own and possess a maximum of two (2) registered firearms;
Type 2 license – allows a citizen to own and possess a maximum of five (5) registered firearms;
Type 3 license – allows a citizen to own and possess a maximum of ten (10) registered firearms;
Type 4 license – allows a citizen to own and possess a maximum of fifteen (15) registered firearms; and
Type 5 license – allows a citizen, who is a certified gun collector, to own and possess more than fifteen (15) registered firearms.

For Types 1 to 5 licenses, a vault or a container secured by lock and key or other security measures for the safekeeping of firearms shall be
required.

For Types 3 to 5 licenses, the citizen must comply with the inspection and bond requirements.
 REPUBLIC ACT 10591
COMPREHENSIVE FIREARMS AND
AMMUNITION REGULATION ACT
Section 10. Firearms That May Be Registered. – Only small arms may be registered by licensed citizens or licensed juridical entities for
ownership, possession and concealed carry. A light weapon shall be lawfully acquired or possessed exclusively by the AFP, the PNP and other law
enforcement agencies authorized by the President in the performance of their duties: Provided, That private individuals who already have
licenses to possess Class-A light weapons upon the effectivity of this Act shall not be deprived of the privilege to continue possessing the same
and renewing the licenses therefor, for the sole reason that these firearms are Class "A" light weapons, and shall be required to comply with
other applicable provisions of this Act.

Section 11. Registration of Firearms. – The licensed citizen or licensed juridical entity shall register his/her/its firearms so purchased with the
FEO (Firearms and Explosive Office) of the PNP in accordance with the type of license such licensed citizen or licensed juridical entity possesses.
A certificate of registration of the firearm shall be issued upon payment of reasonable fees.

For purposes of this Act, registration refers to the application, approval, record-keeping and monitoring of firearms with the FEO of the PNP in
accordance with the type of license issued to any person under Section 9 of this Act.

Section 12. License to Possess Ammunition Necessarily Included. – The licenses granted to qualified citizens or juridical entities as provided in
Section 9 of this Act shall include the license to possess ammunition with a maximum of fifty (50) rounds for each registered firearm: Provided;
That the FEO of the PNP may allow more ammunition to be possessed by licensed sports shooters.
 REPUBLIC ACT 10591
COMPREHENSIVE FIREARMS AND
AMMUNITION REGULATION ACT
ARTICLE V
PENAL PROVISIONS

Section 28. Unlawful Acquisition, or Possession of Firearms and Ammunition. – The unlawful acquisition, possession of
firearms and ammunition shall be penalized as follows:

(a) The penalty of prision mayor in its medium period shall be imposed upon any person who shall unlawfully acquire or
possess a small arm;
(b) The penalty of reclusion temporal to reclusion perpetua shall be imposed if three (3) or more small arms or Class-A light
weapons are unlawfully acquired or possessed by any person;
(c) The penalty of prision mayor in its maximum period shall be imposed upon any person who shall unlawfully acquire or
possess a Class-A light weapon;
(d) The penalty of reclusion perpetua shall be imposed upon any person who shall, unlawfully acquire or possess a Class-B
light weapon;
 REPUBLIC ACT 10591
COMPREHENSIVE FIREARMS AND
AMMUNITION REGULATION ACT
ARTICLE V
PENAL PROVISIONS

(e) The penalty of one (1) degree higher than that provided in paragraphs (a) to (c) in this section shall be imposed upon any
person who shall unlawfully possess any firearm under any or combination of the following conditions:

(1) Loaded with ammunition or inserted with a loaded magazine;

(2) Fitted or mounted with laser or any gadget used to guide the shooter to hit the target such as thermal weapon sight
(TWS) and the like;
(3) Fitted or mounted with sniper scopes, firearm muffler or firearm silencer;
(4) Accompanied with an extra barrel; and
(5) Converted to be capable of firing full automatic bursts.
 REPUBLIC ACT 10591
COMPREHENSIVE FIREARMS AND
AMMUNITION REGULATION ACT
ARTICLE V
PENAL PROVISIONS

(f) The penalty of prision mayor in its minimum period shall be imposed upon any person who shall unlawfully acquire or
possess a major part of a small arm;

(g) The penalty of prision mayor in its minimum period shall be imposed upon any person who shall unlawfully acquire or
possess ammunition for a small arm or Class-A light weapon. If the violation of this paragraph is committed by the same
person charged with the unlawful acquisition or possession of a small arm, the former violation shall be absorbed by the
latter;

(h) The penalty of prision mayor in its medium period shall be imposed upon any person who shall unlawfully acquire or
possess a major part of a Class-A light weapon;
 REPUBLIC ACT 10591
COMPREHENSIVE FIREARMS AND
AMMUNITION REGULATION ACT
ARTICLE V
PENAL PROVISIONS

(i) The penalty of prision mayor in its medium period shall be imposed upon any person who shall unlawfully acquire or
possess ammunition for a Class-A light weapon. If the violation of this paragraph is committed by the same person charged
with the unlawful acquisition or possession of a Class-A light weapon, the former violation shall be absorbed by the latter;

(j) The penalty of prision mayor in its maximum period shall be imposed upon any person who shall unlawfully acquire or
possess a major part of a Class-B light weapon; and

(k) The penalty of prision mayor in its maximum period shall be imposed upon any person who shall unlawfully acquire or
possess ammunition for a Class-B light weapon. If the violation of this paragraph is committed by the same person charged
with the unlawful acquisition or possession of a Class-B light weapon, the former violation shall be absorbed by the latter.
 REPUBLIC ACT 10591
COMPREHENSIVE FIREARMS AND
AMMUNITION REGULATION ACT
ARTICLE V
PENAL PROVISIONS
Section 29. Use of Loose Firearm in the Commission of a Crime. – The use of a loose firearm, when inherent in the
commission of a crime punishable under the Revised Penal Code or other special laws, shall be considered as an aggravating
circumstance: Provided, That if the crime committed with the use of a loose firearm is penalized by the law with a maximum
penalty which is lower than that prescribed in the preceding section for illegal possession of firearm, the penalty for illegal
possession of firearm shall be imposed in lieu of the penalty for the crime charged: Provided, further, That if the crime
committed with the use of a loose firearm is penalized by the law with a maximum penalty which is equal to that imposed
under the preceding section for illegal possession of firearms, the penalty of prision mayor in its minimum period shall be
imposed in addition to the penalty for the crime punishable under the Revised Penal Code or other special laws of which
he/she is found guilty.
If the violation of this Act is in furtherance of, or incident to, or in connection with the crime of rebellion of insurrection, or
attempted coup d’ etat, such violation shall be absorbed as an element of the crime of rebellion or insurrection, or
attempted coup d’ etat.
If the crime is committed by the person without using the loose firearm, the violation of this Act shall be considered as a
distinct and separate offense.
 REPUBLIC ACT 10591
COMPREHENSIVE FIREARMS AND
AMMUNITION REGULATION ACT
ARTICLE V
PENAL PROVISIONS
Section 31. Absence of Permit to Carry Outside of Residence. – The penalty of prision correccional and a fine of Ten
thousand pesos (P10,000.00) shall be imposed upon any person who is licensed to own a firearm but who shall carry the
registered firearm outside his/her residence without any legal authority therefor.

Section 33. Arms Smuggling. – The penalty of reclusion perpetua shall be imposed upon any person who shall engage or
participate in arms smuggling as defined in this Act.

Section 34. Tampering, Obliteration or Alteration of Firearms Identification. – The penalty of prision correccional to prision
mayor in its minimum period shall be imposed upon any person who shall tamper, obliterate or alter without authority the
barrel, slide, frame, receiver, cylinder, or bolt assembly, including the name of the maker, model, or serial number of any
firearm, or who shall replace without authority the barrel, slide, frame, receiver, cylinder, or bolt assembly, including its
individual or peculiar identifying characteristics essential in forensic examination of a firearm or light weapon.
 REPUBLIC ACT 10591
COMPREHENSIVE FIREARMS AND
AMMUNITION REGULATION ACT
ARTICLE V
PENAL PROVISIONS
Section 35. Use of an Imitation Firearm. – An imitation firearm used in the commission of a crime shall be considered a real
firearm as defined in this Act and the person who committed the crime shall be punished in accordance with this Act:
Provided, That injuries caused on the occasion of the conduct of competitions, sports, games, or any recreation activities
involving imitation firearms shall not be punishable under this Act.

Section 38. Liability for Planting Evidence. – The penalty of prision mayor in its maximum period shall be imposed upon any
person who shall willfully and maliciously insert; place, and/or attach, directly or indirectly, through any overt or covert act,
any firearm, or ammunition, or parts thereof in the person, house, effects, or in the immediate vicinity of an innocent
individual for the purpose of implicating or incriminating the person, or imputing the commission of any violation of the
provisions of this Act to said individual. If the person found guilty under this paragraph is a public officer or employee, such
person shall suffer the penalty of reclusion perpetua.
 REPUBLIC ACT 10591
COMPREHENSIVE FIREARMS AND
AMMUNITION REGULATION ACT
ARTICLE V
PENAL PROVISIONS
Section 39. Grounds for Revocation, Cancellation or Suspension of License or Permit. – The Chief of the PNP or his/her authorized
representative may revoke, cancel or suspend a license or permit on the following grounds:

(a) Commission of a crime or offense involving the firearm, ammunition, of major parts thereof;
(b) Conviction of a crime involving moral turpitude or any offense where the penalty carries an imprisonment of more than six (6) years;
(c) Loss of the firearm, ammunition, or any parts thereof through negligence;
(d) Carrying of the firearm, ammunition, or major parts thereof outside of residence or workplace without, the proper permit to carry the same;
(e) Carrying of the firearm, ammunition, or major parts thereof in prohibited places;
(f) Dismissal for cause from the service in case of government official and employee;
(g) Commission of any of the acts penalized under Republic Act No. 9165, otherwise known as the "Comprehensive Dangerous Drugs Act of
2002″;
(h) Submission of falsified documents or misrepresentation in the application to obtain a license or permit;
(i) Noncompliance of reportorial requirements; and
(j) By virtue of a court order.
 REPUBLIC ACT 10591
COMPREHENSIVE FIREARMS AND
AMMUNITION REGULATION ACT
ARTICLE V
PENAL PROVISIONS
Section 40. Failure to Notify Lost or Stolen Firearm or Light Weapon. – A fine of Ten thousand pesos (P10,000.00) shall be
imposed upon any licensed firearm holder who fails to report to the FEO of the PNP that the subject firearm has been lost or
stolen within a period of thirty (30) days from the date of discovery.

Likewise, a fine of Five thousand pesos (P5,000.00) shall be imposed upon any person holding a valid firearm license who
changes residence or office address other than that indicated in the license card and fails within a period of thirty (30) days
from said transfer to notify the FEO of the PNP of such change of address.

Section 41. Illegal Transfer/Registration of Firearms. – It shall be unlawful to transfer possession of any firearm to any
person who has not yet obtained or secured the necessary license or permit thereof.
Illegal Possession of Explosives (PD No 1866) as amended by
RA No. 9516
"Section 3. Unlawful Manufacture, Sales, Acquisition, Disposition, Importation or Possession of an Explosive or Incendiary Device. - The
penalty of reclusion perpetua shall be imposed upon any person who shall willfully and unlawfully manufacture, assemble, deal in, acquire,
dispose, import or possess any explosive or incendiary device, with knowledge of its existence and its explosive or incendiary character, where
the explosive or incendiary device is capable of producing destructive effect on contiguous objects or causing injury or death to any person,
including but not limited to, hand grenade(s), rifle grenade(s), 'pillbox bomb', 'molotov cocktail bomb', 'fire bomb', and other similar explosive
and incendiary devices.

"Provided, That mere possession of any explosive or incendiary device shall be prima facie evidence that the person had knowledge of the
existence and the explosive or incendiary character of the device.

"Provided, however, That a temporary, incidental, casual, harmless, or transient possession or control of any explosive or incendiary device,
without the knowledge of its existence or its explosive or incendiary character, shall not be a violation of this Section.

"Provided, Further, That the temporary, incidental, casual, harmless, or transient possession or control of any explosive or incendiary device for
the sole purpose of surrendering it to the proper authorities shall not be a violation of this Section.

"Provided, finally, That in addition to the instances provided in the two (2) immediately preceeding paragraphs, the court may determine the
absence of the intent to possess, otherwise referred to as “animus possidendi", in accordance with the facts and circumstances of each case and
the application of other pertinent laws, among other things, Articles 11 and 12 of the Revised Penal Code, as amended."
"SEC 3-A. Unlawful Manufacture, Sales, Acquisition, Disposition, Importation or Possession of a Part,
Ingredient, Machinery, Tool or Instrument Used or Intended to be Used for the Manufacture, Construction,
Assembly, Delivery or Detonation. - The penalty of reclusion perpetua shall be imposed upon any person
who shall willfully and unlawfully manufacture, assemble, deal in, acquire, dispose, import or possess any
part, ingredient, machinery, tool or instrument of any explosive or incendiary device, whether chemical,
mechanical, electronic, electrical or otherwise, used or intended to be used by that person for its
manufacture, construction, assembly, delivery or detonation, where the explosive or incendiary device is
capable or is intended to be made capable of producing destructive effect on contiguous objects or causing
injury or death to any person. x x x

"SEC 4-A. Criminal Liability for Planting of Evidence. - Any person who is found guilty of 'planting' any
explosive or incendiary device or any part, ingredient, machinery, tool or instrument of any explosive or
incendiary device, whether chemical, mechanical, electronic, electrical or otherwise, shall suffer the penalty
of reclusion perpetua.
"SEC. 4-C. Authority to Import, Sell or Possess Chemicals or Accessories for Explosives. - Only persons or entities issued a manufacturer's
license, dealer's license or purchaser's license by the Philippine National Police (PNP)-Firearms and Explosives Division may import any of the
chemical or accessories that can be used in the manufacture of explosives or explosive ingredients from foreign suppliers, or possess or sell them
to licensed dealers or end users, as the case may be.

"SEC. 4-D. Types of Chemicals/Accessories Covered. - The chemicals and accessories mentioned in the preceding Section shall exclusively refer to
chlorates, nitrates, nitric acid and such other chemicals and accessories that can be used for the manufacture of explosives and explosive
ingredients.

"SEC. 4-E. Record of Transactions. - Any person or entity who intends to import, sell or possess the aforecited chemicals or accessories shall file
an application with the chief of the PNP, stating therein the purpose for which the license and/or permit is sought and such other information as
may be required by the said official. The concerned person or entity shall maintain a permanent record of all transactions entered into in relation
with the aforecited chemicals or accessories, which documents shall be open to inspection by the appropriate authorities.

"SEC. 4-F. Cancellation of License. - Failure to comply with the provision of Section 4-C, 4-D and 4-E shall be sufficient cause for the cancellation of
the license and the confiscation of all such chemicals or accessories, whether or not lawfully imported, purchased or possessed by the subject
person or entity."
PRESIDENTIAL DECREE No. 1613
AMENDING THE LAW ON ARSON
 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.
 PRESIDENTIAL DECREE No. 1613
AMENDING THE LAW ON ARSON

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.
 PRESIDENTIAL DECREE No. 1613
AMENDING THE LAW ON ARSON

The offense is committed by a syndicate if its is planned or carried out by a group of three (3) or more persons.

Section 5. Where Death Results from Arson. If by reason of or on the occasion of the arson death results, the penalty of
Reclusion Perpetua to death shall be imposed.

Section 7. Conspiracy to commit Arson. Conspiracy to commit arson shall be punished by Prision Mayor in its minimum
period.

Section 8. Confiscation of Object of Arson. The building which is the object of arson including the land on which it is
situated shall be confiscated and escheated to the State, unless the owner thereof can prove that he has no participation in
nor knowledge of such arson despite the exercise of due diligence on his part.
REPUBLIC ACT N0. 9745

AN ACT PENALIZING TORTURE AND OTHER CRUEL, INHUMAN

AND DEGRADING TREATMENT OR PUNISHMENT AND
PRESCRIBING PENALTIES THEREFOR
 REPUBLIC ACT N0. 9745
ANTI-TORTURE ACT OF 2009

Section 3. Definitions. - For purposes of this Act, the following terms shall mean:

(a) "Torture" refers to an act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a
person for such purposes as obtaining from him/her or a third person information or a confession; punishing him/her for an
act he/she or a third person has committed or is suspected of having committed; or intimidating or coercing him/her or a
third person; or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the
instigation of or with the consent or acquiescence of a person in authority or agent of a person in authority. It does not
include pain or Buffering arising only from, inherent in or incidental to lawful sanctions.

(b) "Other cruel, inhuman and degrading treatment or punishment" refers to a deliberate and aggravated treatment or
punishment not enumerated under Section 4 of this Act, inflicted by a person in authority or agent of a person in authority
against a person under his/her custody, which attains a level of severity causing suffering, gross humiliation or debasement
to the latter.
 REPUBLIC ACT N0. 9745
ANTI-TORTURE ACT OF 2009

Section 4. Acts of Torture. - For purposes of this Act, torture shall include, but not be limited to, the following:

(a) Physical torture is a form of treatment or punishment inflicted by a person in authority or agent of a person in authority
upon another in his/her custody that causes severe pain, exhaustion, disability or dysfunction of one or more parts of the
body, such as: (systematic beating, banging, electric shock, cigratte burning, forcible feeding, pulling out teeth or nails, etc)

(b) "Mental/Psychological Torture" refers to acts committed by a person in authority or agent of a person in authority which
are calculated to affect or confuse the mind and/or undermine a person's dignity and morale, such as: (blindfolding,
prolonged interrgogation, denial of sleep and rest, etc)

Section 5. Other Cruel, Inhuman and Degrading Treatment or Punishment. - Other cruel, inhuman or degrading treatment
or punishment refers to a deliberate and aggravated treatment or punishment not enumerated under Section 4 of this Act,
inflicted by a person in authority or agent of a person in authority against another person in custody, which attains a level of
severity sufficient to cause suffering, gross humiliation or debasement to the latter. The assessment of the level of severity
shall depend on all the circumstances of the case, including the duration of the treatment or punishment, its physical and
mental effects and, in some cases, the sex, religion, age and state of health of the victim.
REPUBLIC ACT N0. 9745
ANTI-TORTURE ACT OF 2009
 REPUBLIC ACT N0. 9745
ANTI-TORTURE ACT OF 2009

Section 7. Prohibited Detention. - Secret detention places, solitary confinement, incommunicado or other similar forms of
detention, where torture may be carried out with impunity. Are hereby prohibited. x x x

Section 8. Applicability of the Exclusionary Rule; Exception. - Any confession, admission or statement obtained as a result
of torture shall be inadmissible in evidence in any proceedings, except if the same is used as evidence against a person or
persons accused of committing torture.

Section 15. Torture as a Separate and Independent Crime. - Torture as a crime shall not absorb or shall not be absorbed by
any other crime or felony committed as a consequence, or as a means in the conduct or commission thereof. In which case,
torture shall be treated as a separate and independent criminal act whose penalties shall be imposable without prejudice to
any other criminal liability provided for by domestic and international laws.
 REPUBLIC ACT N0. 9745
ANTI-TORTURE ACT OF 2009

Section 13. Who are Criminally Liable. - Any person who actually participated Or induced another in the commission of
torture or other cruel, inhuman and degrading treatment or punishment or who cooperated in the execution of the act of
torture or other cruel, inhuman and degrading treatment or punishment by previous or simultaneous acts shall be liable as
principal

Any superior military, police or law enforcement officer or senior government official who issued an order to any lower
ranking personnel to commit torture for whatever purpose shall be held equally liable as principals. . . x x x . . .

PENALTIES: (a) The penalty of reclusion perpetua shall be imposed upon the perpetrators of the following acts:
(1) Torture resulting in the death of any person;
(2) Torture resulting in mutilation;
(3) Torture with rape;
(4) Torture with other forms of sexual abuse and, in consequence of torture, the victim shall have
become insane, imbecile, impotent, blind or maimed for life; and
(5) Torture committed against children. . . .x x x . . .
REPUBLIC ACT No. 8049
as amended by REPUBLIC ACT 11053
THE ANTI-HAZING LAW
REPUBLIC ACT N0. 8049 as amended by REPUBLIC ACT NO. 11053
Anti-Hazing Law
 REPUBLIC ACT N0. 8049 as amended by REPUBLIC ACT NO. 11053
Anti-Hazing Law

“Hazing is a form of deplorable violence that has no place in any civil society, more so in an
association that calls itself a brotherhood. It is unthinkable that admissions to such organizations
are marred by ceremonies of psychological and physical trauma, all shrouded in the name of
fraternity. This practice of violence, regardless of its gravity and context, can never be justified.
This culture of impunity must come to an end.”
- Bartolome v. People, G.R. No. 227951, 28 June 2021
 REPUBLIC ACT N0. 8049 as amended by REPUBLIC ACT NO. 11053
Anti-Hazing Law

WHAT IS HAZING?

Any act that results in the physical or

psychological suffering, harm, or injury
inflicted on a recruit, neophyte, applicant, or
member as part of an initiation rite or a
requirement for admission or continued
membership in a fraternity, sorority, or
organization.
REPUBLIC ACT N0. 8049 as amended by REPUBLIC ACT NO. 11053
Anti-Hazing Law

WHEN IS NOT HAZING?

The following shall not be considered as hazing:

1. Physical, mental, and psychological testing and training procedures and practices to determine
and enhance the physical and mental, and psychological fitness of prospective regular members
of the AFP and the PNP as approved by the Secretary of National Defense and the National Police
Commission, duly recommended by the Chief of Staff of the AFP and the Director General of the
PNP;

2. Similar procedures and practices approved by the respective heads of other uniformed learning
institutions as to theor respective members;

3. Any customary athletic event or other similar contests or competitions, subject to prior
submission of a medical clearance or certificate; and

4. Any activity or conduct that furthers a legal and legitimate objecive, subject also to prior
 REPUBLIC ACT N0. 8049 as amended by REPUBLIC ACT NO. 11053
Anti-Hazing Law

ELEMENTS OF A VIOLATION OF THE ANTI-HAZING LAWS

1. That there is an initiation rite or practice as a prerequisite for admission into membership in a
fraternity, sorority or organization;

2. That there must be a recruit, neophyte or applicant of the fraternity, sorority or organization; and

3. That the recruit, neophyte or applicant is placed in some embarrassing or humiliating situations
such as forcing him to do menial, silly, foolish and other similar tasks or activities or otherwise
subjecting him to physical or psychological suffering or injury
 REPUBLIC ACT N0. 8049 as amended by REPUBLIC ACT NO. 11053
Anti-Hazing Law

WHO ARE LIABLE?

Those who try to hide or conceal the fact of hazing or obstruct the
investigation

Anyone who intimidates, threatens or vexes a person for purpose of

recruitment (includes repeated attempts to recruit after two refusals)
 REPUBLIC ACT N0. 8049 as amended by REPUBLIC ACT NO. 11053
Anti-Hazing Law

PROBLEM . . .

Pablo is a member of Alpha Kokak Fraternity. During the initiation rite for
Guillermo, a neophyte, hazing was committed. Pablo, although present, did
not actually participate in the hazing nor did he touch or communicate with
Guillermo during the process. Guillermo died as a result. Is Pablo liable under
the anti-hazing law?
REPUBLIC ACT N0. 8049 as amended by REPUBLIC ACT NO. 11053
Anti-Hazing Law

WHAT IF FRIEND ka lang na napadaan sa venue/site kung

saan may hazing. Nakipagchikahan (marites) ka sa frat
members na friend mo?
 REPUBLIC ACT N0. 8049 as amended by REPUBLIC ACT NO. 11053
Anti-Hazing Law

• YES. The presence of any person, even if such person is not a member of
the fraternity, sorority, or organization, during the hazing is prima facie
evidence of participation therein as a principal unless such person or
persons prevented the commission of the acts punishable herein or
promptly reported the same to the law enforcement authorities if they can
do so without peril, to their person or their family. (par. 4 of Sec. 14, RA
11053)

• The penalty is higher if the persons are present are: (1) officers of the
fraternity, sorority, or organization; (2) former officers, nonresident
members, or alumni thereof; (3) members thereof who are intoxicated or
under the influence of alcohol or illegal drugs
 REPUBLIC ACT N0. 8049 as amended by REPUBLIC ACT NO. 11053
Anti-Hazing Law

Presence of any person, even if such person is not a

member of the fraternity, sorority, or organization, duirng
the hazing is a prima facie evidence of participation
therein as a principal unless such person or persons
prevented the commission of the acts punishable herein
or prompty reported the same to the law enforcement
authorities if they can do so without peril to their person
or their family.
 REPUBLIC ACT N0. 8049 as amended by REPUBLIC ACT NO. 11053
Anti-Hazing Law

PROBLEM :
On February 5, 2017, Rho Rio Fraternity held initiation rites.

Present were:
(i)Redmont, the Lord Chancellor and head of the fraternity;
(ii) few members, one (1) of whom was Ric, and
(iii) five (5) neophytes, one (1) of whom was Ronald.

Absent were:
(i)Rollie, the fraternity’s Vice Chancellor and who actually planned the initiation; and
(ii)Ronnie, the owner of the house where the initiation was conducted.

Due to the severe beating suffered by Ronald on that occasion, he lost consciousness and was
brought to the nearest hospital by Redmont and Ric. However, Ronald was declared dead on arrival
at the hospital.
 REPUBLIC ACT N0. 8049 as amended by REPUBLIC ACT NO. 11053
Anti-Hazing Law

During the investigation of the case, it was found out that, although Ronald really
wanted to join the fraternity because his father is also a member of the same fraternity,
it was his best friend Ric who ultimately convinced him to join the fraternity and, as a
prerequisite thereto, undergo initiation. It was also shown that Redmont and Ric did not
actually participate in the beating of the neophytes (hazing). The two (2) either merely
watched the hazing or helped in preparing food.

And, lastly, two (2) days prior thereto, Ronnie texted Rollie that the fraternity may use
his house as the venue for the planned initiation.

Aside from those who actually participated in the hazing, Redmont, Rollie, Ric, and
Ronnie were criminally charged for the hazing of Ronald that resulted in the latter’s
death.

Q: Are the four criminally liable (Redmont, Ric, Rollie, Ronnie) ? If yes,
 REPUBLIC ACT N0. 8049 as amended by REPUBLIC ACT NO. 11053
Anti-Hazing Law

Redmont’s presence during the hazing is prima facie evidence of participation therein as principal,
unless he prevented the commission of the hazing that caused physical harm to Ronald.

Ric is also liable criminally, because as member of the Fraternity who knowingly cooperated in
carrying out the initiation by inducing the victim to be present thereat is liable as principal. He is
penalized, not because of any participation in the infliction of harm to the victim but due to his
indispensable cooperation in the crime by successfully inducing or convincing the victim to undergo
the hazing.

Rollie as Vice Chancellor of Rho Rio Fraternity, who actually planned the initiation though not
present when the acts of hazing were committed, is liable as principal.

Ronnie the owner of the place where hazing was conducted is liable as accomplice, because he
has actual knowledge of the hazing conducted therein and failed to take any action to prevent
occurrence of the same.
REPUBLIC ACT N0. 8049 as amended by REPUBLIC ACT NO. 11053
Anti-Hazing Law

SO remember... who may be liable?

1. Present
2. Actual participation
3. Who Planned
4. Inducement
 REPUBLIC ACT N0. 8049 as amended by REPUBLIC ACT NO. 11053
Anti-Hazing Law

OTHER SITUATIONS

1. OWNER OR LESSEE. The law punishes the owner or lessee of the place where
hazing is conducted as accomplice for hazing, when he has actual knowledge of the
hazing conducted therein but failed to take any action to prevent the same from
occurring or failed to promptly report the same to the law enforcement authorities if
they can do so without peril to their person or their family

2. PARENTS. Under the law, if the hazing is held in the home of one of the officers or
members of the fraternity, sorority, or organization, the parents shall be held liable as
principals for hazing when they have actual knowledge of the hazing conducted
therein but failed to take any action to prevent the same from occurring or failed to
promptly report the same to the law enforcement authorities if such parents can do so
without peril to their person or their family.
 REPUBLIC ACT N0. 8049 as amended by REPUBLIC ACT NO. 11053
Anti-Hazing Law

OTHER SITUATIONS

3. SCHOOL AUTHORITIES INCLUDING FACULTY MEMBERS. School authorities

including faculty members shall be liable as an accomplice for hazing conducted by
fraternities, sororities, and other organizations , if it can be shown that: (1) the school
or barangay, municipal, or city officials allowed or consented to the conduct Of hazing;
or (2) where there is actual knowledge of hazing, but such officials failed to take any
action to prevent the same from occurring or failed to promptly report to the
law enforcement authorities if the same can be done without peril to their
person or their family.
REPUBLIC ACT N0. 8049 as amended by REPUBLIC ACT NO. 11053
Anti-Hazing Law

LEGAL CONSEQUENCES

Imprisonment up to 40
YEARS AND payment of a
fine of up to 3 MILLION
PESOS
REPUBLIC ACT No. 6539
AN ACT PREVENTING AND PENALIZING CARNAPPING

REPUBLIC ACT N0. 10883

AN ACT PROVIDING FOR A NEW ANTI-CARNAPPING LAW OF
THE PHILIPPINES
 REPUBLIC ACT N0. 10883
NEW ANTI-CARNAPPING ACT OF 2016

Problem...

1. O bought a new street sweeper worth 2M. One day, C saw O riding his new street sweeper
and he was very envious about this. Later that day, C entered the vehicle of O after breaking its
window. Using a picklock, C switched on the engine. He was about to drive the car when a police
officer apprehended him. In this case, was there carnapping? Explain.

2. Now assuming that the vehicle was a new Suzuki Jimny, would your answer be still the same?
Explain
 REPUBLIC ACT N0. 10883
NEW ANTI-CARNAPPING ACT OF 2016

"Carnapping" is the taking, with intent to gain, of a motor vehicle belonging to another without the latter's consent, or by
means of violence against or intimidation of persons, or by using force upon things.

"Motor vehicle" is any vehicle propelled by any power other than muscular power using the public highways, but excepting
road rollers, trolley cars, street-sweepers, sprinklers, lawn mowers, bulldozers, graders, fork-lifts, amphibian trucks, and
cranes if not used on public highways, vehicles, which run only on rails or tracks, and tractors, trailers and traction engines
of all kinds used exclusively for agricultural purposes. Trailers having any number of wheels, when propelled or intended to
be propelled by attachment to a motor vehicle, shall be classified as separate motor vehicle with no power rating.lawphi1™

"Defacing or tampering with" a serial number is the erasing, scratching, altering or changing of the original factory-
inscribed serial number on the motor vehicle engine, engine block or chassis of any motor vehicle. Whenever any motor
vehicle is found to have a serial number on its motor engine, engine block or chassis which is different from that which is
listed in the records of the Bureau of Customs for motor vehicles imported into the Philippines, that motor vehicle shall be
considered to have a defaced or tampered with serial number.
 REPUBLIC ACT N0. 10883
NEW ANTI-CARNAPPING ACT OF 2016

"Repainting" is changing the color of a motor vehicle by means of painting. There is repainting whenever the new color of a
motor vehicle is different from its color as registered in the Land Transportation Commission.

"Body-building" is a job undertaken on a motor vehicle in order to replace its entire body with a new body.

"Remodeling" is the introduction of some changes in the shape or form of the body of the motor vehicle.lawphi1™

"Dismantling" is the tearing apart, piece by piece or part by part, of a motor vehicle.

"Overhauling" is the cleaning or repairing of the whole engine of a motor vehicle by separating the motor engine and its
parts from the body of the motor vehicle.
 REPUBLIC ACT N0. 10883
NEW ANTI-CARNAPPING ACT OF 2016

Note that the following are not embraced in the definition of a motor vehicle under the law and thus cannot be the subject
of carnapping, to wit:

1. road rollers, trolley cars, street sweepers, sprinklers, lawn mowers, bulldozers, graders, forklifts, amphibian trucks, and
cranes if not used on public highways;
2. vehicles which run only on rails or tracks; and
3. tractors, trailers and traction engines of all kinds used exclusively for agricultural purposes

RA 10883 punishes the crime of carnapping which refers to 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.

The Supreme Court has ruled in the case of People of the Philippines vs. Garcia and Bernabe, G.R. No. 138470, 1 April 2003,
that it does not matter if the person from whom the motor vehicle was taken is not the owner thereof. What is simply
required is that the property taken does not belong to the offender.
REPUBLIC ACT N0. 10883
NEW ANTI-CARNAPPING ACT OF 2016
 REPUBLIC ACT N0. 10883
NEW ANTI-CARNAPPING ACT OF 2016

PENALTY FOR CARNAPPING

When the carnapping is committed without violence against or intimidation of persons, or force upon things,
the imprisonment shall be for a period not less than twenty (20) years and one (1) day but not more than
thirty (30) years.

When the carnapping is committed by means of violence against or intimidation of persons, or force upon
things, the imprisonment shall be for a period not less than thirty (30) years and one (1) day but not more
than forty (40) years.

Take note that when the owner, driver, or occupant of the carnapped motor vehicle is killed or raped in the
commission of the carnapping, the penalty of life imprisonment shall be imposed.
 REPUBLIC ACT N0. 10883
NEW ANTI-CARNAPPING ACT OF 2016

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.
REPUBLIC ACT NO. 6235
AN ACT PROHIBITING CERTAIN ACTS INIMICAL TO CIVIL
AVIATION, AND FOR OTHER PURPOSES.
 REPUBLIC ACT N0. 6235
THE ANTI-HIJACKING LAW

Problem . . .

On feb 14, 2023, B boarded on Philippine Airlines flight GTKY from Cebu City to Manila to
surprise his girlfriend, G. Around 3:20 pm, B received a text message from G saying "Hindi ko na
kaya ang LDR bi. Sorry but bulag nata. Yaw na ko samok samoka kay naa nakoy laing nakita ug
siya ang nakahatag sa akua sa tanan nimong pagkuwang." Upon reading this, B was so furious
that he decided to seize the plane by getting a shotgun from one of the plane's security guard.
He went to the Captain and threatened to shot Him if he will not follow his order. B instructed
the Captain to fly back to Cebu City because he was so broken hearted. Is B liable for Hijacking
under RA 6235? Explain.
 REPUBLIC ACT N0. 6235
THE ANTI-HIJACKING LAW
Section 1. It shall be unlawful for any person to compel a change in the course or destination of an aircraft of Philippine registry, or to seize or
usurp the control thereof, while it is in flight. An aircraft is in flight from the moment all its external doors are closed following embarkation until
any of such doors is opened for disembarkation.

It shall likewise be unlawful for any person to compel an aircraft of foreign registry to land in Philippine territory or to seize or usurp the control
thereof while it is within the said territory.

Section 2. Any person violating any provision of the foregoing section shall be punished by an imprisonment of not less than twelve years but
not more than twenty years, or by a fine of not less than twenty thousand pesos but not more than forty thousand pesos.

The penalty of imprisonment of fifteen years to death, or a fine of not less than twenty-five thousand pesos but not more than fifty thousand
pesos shall be imposed upon any person committing such violation under any of the following circumstances:

1. Whenever he has fired upon the pilot, member of the crew or passenger of the aircraft;

2. Whenever he has exploded or attempted to explode any bomb or explosive to destroy the aircraft; or

3. Whenever the crime is accompanied by murder, homicide, serious physical injuries or rape.
 REPUBLIC ACT N0. 6235
THE ANTI-HIJACKING LAW

Section 3. It shall be unlawful for any person, natural or juridical, to ship, load or carry in any
passenger aircraft operating as a public utility within the Philippines, any explosive, flammable,
corrosive or poisonous substance or material.

Section 9. Every ticket issued to a passenger by the airline or air carrier concerned shall contain
among others the following condition printed thereon: "Holder hereof and his hand-carried
luggage(s) are subject to search for, and seizure of, prohibited materials or substances. Holder
refusing to be searched shall not be allowed to board the aircraft," which shall constitute a part
of the contract between the passenger and the air carrier.
PRESIDENTIAL DECREE 532
ANTI-PIRACY AND ANTI-HIGHWAY ROBBERY LAW OF 1974
 PD 532
Anti-Piracy and Anti-Highway Robbery Law of 1974

Section 2. Definition of Terms. The following terms shall mean and be understood, as follows:

a. Philippine Waters. It shall refer to all bodies of water, such as but not limited to, seas, gulfs,
bays around, between and connecting each of the Islands of the Philippine Archipelago,
irrespective of its depth, breadth, length or dimension, and all other waters belonging to the
Philippines by historic or legal title, including territorial sea, the sea-bed, the insular shelves, and
other submarine areas over which the Philippines has sovereignty or jurisdiction.

b. Vessel. Any vessel or watercraft used for transport of passengers and cargo from one place to
another through Philippine Waters. It shall include all kinds and types of vessels or boats used in
fishing.
 PD 532
Anti-Piracy and Anti-Highway Robbery Law of 1974

c. Philippine Highway. It shall refer to any road, street, passage, highway and bridges or other parts thereof,
or railway or railroad within the Philippines used by persons, or vehicles, or locomotives or trains for the
movement or circulation of persons or transportation of goods, articles, or property or both.

d. Piracy. Any attack upon or seizure of any vessel, or the taking away of the whole or part thereof or its
cargo, equipment, or the personal belongings of its complement or passengers, irrespective of the value
thereof, by means of violence against or intimidation of persons or force upon things, committed by any
person, including a passenger or member of the complement of said vessel, in Philippine waters, shall be
considered as piracy. The offenders shall be considered as pirates and punished as hereinafter provided.

e. Highway Robbery/Brigandage. The seizure of any person for ransom, extortion or other unlawful
purposes, or the taking away of the property of another by means of violence against or intimidation of
person or force upon things of other unlawful means, committed by any person on any Philippine Highway.
 PD 532
Anti-Piracy and Anti-Highway Robbery Law of 1974

A river found in the Philippines is considered part of Philippine Waters ( PP v. De la

Pena)

As to the offender, in piracy under PD 532, the offender is any person, inlcuding
passenger or members of the complement of a vessel. While piracy under the RPC as
amended by RA 7659, the offender must neither be a passenger nor memberof the
complement of the vessel.
 PD 532
Anti-Piracy and Anti-Highway Robbery Law of 1974

Highway robbery or brigandage refers to any of the following acts:

1.) Seizing a person for ransom, extortion or other illegal purposes

2.) Taking the property of another person by force or intimidation, force on things or other illegal means

The prosecution also has to prove that the 3) accused, were organized for the purpose of indiscriminately
committing robbery. If, however, the robbery was aimed at a specific target, another article of the Revised
Penal Code takes control.

4) To complete the qualifications, it must be committed by any person on any highway in the Philippines.
Highways in the Philippines include roads, bridges, railroads, streets and even passages where vehicles
engaged in transport of persons and/or cargo pass through
 PD 532
Anti-Piracy and Anti-Highway Robbery Law of 1974

PENALTIES

a. Piracy. The penalty of reclusion temporal in its medium and maximum periods shall be imposed. If
physical injuries or other crimes are committed as a result or on the occasion thereof, the penalty of
reclusion perpetua shall be imposed. If rape, murder or homicide is committed as a result or on the occasion
of piracy, or when the offenders abandoned the victims without means of saving themselves, or when the
seizure is accomplished by firing upon or boarding a vessel, the mandatory penalty of death shall be
imposed.

b. Highway Robbery/Brigandage. The penalty of reclusion temporal in its minimum period shall be imposed.
If physical injuries or other crimes are committed during or on the occasion of the commission of robbery or
brigandage, the penalty of reclusion temporal in its medium and maximum periods shall be imposed. If
kidnapping for ransom or extortion, or murder or homicide, or rape is committed as a result or on the
occasion thereof, the penalty of death shall be imposed.
 PD 532
Anti-Piracy and Anti-Highway Robbery Law of 1974

Section 4. Aiding pirates or highway robbers/brigands or abetting piracy or highway robbery/brigandage.

Any person who knowingly and in any manner aids or protects pirates or highway robbers/brigands, such as
giving them information about the movement of police or other peace officers of the government, or
acquires or receives property taken by such pirates or brigands or in any manner derives any benefit
therefrom; or any person who directly or indirectly abets the commission of piracy or highway robbery or
brigandage, shall be considered as an accomplice of the principal offenders and be punished in accordance
with the Rules prescribed by the Revised Penal Code.

It shall be presumed that any person who does any of the acts provided in this Section has performed
knowingly, unless the contrary is proven.
 PD 532
Anti-Piracy and Anti-Highway Robbery Law of 1974

PROBLEM. . .

Dom Cornetto saw a fruit truck along CCLEX and he was so sure that his favorite fruits
were inside that truck. He then followed the truck and hooked it, destroyed the back
of the truck and took away the fruits inside. What crime was committed? Explain.
 Piracy under PD 532 Piracy under Art. 122 of RPC

• the vessel where the crime is • piracy is commited on high seas.

committed must be in Philippine
• piracy can be committed only by
Waters.
outsiders (MUST NOT be a
• piracy can be committed by anyone,
including a passenger or member of
member of the compliment or
the compliment. (insider or outsider) passenger)
• the seizure or taking must be • who shall “attack the vessel”
committed by means of villence or
intimidation or force upon things.
REPUBLIC ACT NO. 10175
AN ACT DEFINING CYBERCRIME, PROVIDING FOR THE
PREVENTION, INVESTIGATION, SUPPRESSION AND THE
IMPOSITION OF PENALTIES THEREFOR AND FOR OTHER
PURPOSES
 REPUBLIC ACT 10175
CYBERCRIME PREVENTION ACT OF 2012
CHAPTER II
PUNISHABLE ACTS

Section 4. Cybercrime Offenses

(a) Offenses against the confidentiality, integrity and availability of computer data and systems:
(b) Computer-related Offenses
(c) Content-related Offenses
Section 5. Other Offenses
(a) Aiding or Abetting in the Commission of Cybercrime.
(b) Attempt in the Commission of Cybercrime
 REPUBLIC ACT 10175
CYBERCRIME PREVENTION ACT OF 2012
Sec. 4 (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.
 REPUBLIC ACT 10175
CYBERCRIME PREVENTION ACT OF 2012
Sec. 4 (a) Offenses against the confidentiality, integrity and availability of computer data and systems:

(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) device, program, for committing the offense, (bb) password, access code 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.
 REPUBLIC ACT 10175
CYBERCRIME PREVENTION ACT OF 2012
Sec. 4 (a) Offenses against the confidentiality, integrity and availability of computer data and systems:

(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.

 REPUBLIC ACT 10175
CYBERCRIME PREVENTION ACT OF 2012
Sec. 4 (b) Computer-related Offenses:

(1) Computer-related Forgery. — (i) The input, alteration, or deletion of any computer data without right
resulting in inauthentic data ... xxx .... (ii)

(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.
 REPUBLIC ACT 10175
CYBERCRIME PREVENTION ACT OF 2012
Sec. 4 (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. (Sexting, wecam sex, Phone sex)

(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.

(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:
 REPUBLIC ACT 10175
CYBERCRIME PREVENTION ACT OF 2012
Sec. 4 (c) Content-related Offenses:

(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.

Art. 353. Definition of libel. — A libel is public and malicious imputation of a crime, or of a vice or defect,
real or imaginary, or any act, omission, condition, status, or circumstance tending to cause the dishonor,
discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead.
Art. 354. Requirement for publicity. — Every defamatory imputation is presumed to be malicious, even if it
be true, if no good intention and justifiable motive for making it is shown, except in the following cases: xxx
Art. 355. Libel means by writings or similar means. — A libel committed by means of writing, printing,
lithography, engraving, radio, phonograph, painting, theatrical exhibition, cinematographic exhibition, or any
similar means,
 REPUBLIC ACT 10175
CYBERCRIME PREVENTION ACT OF 2012
Sec. 4 (c) Content-related Offenses:

Internet Libel - Writing, printing, radio, etc. have a common characteristic, and that is, their permanent
nature as a means of publication, and this explains the graver penalty for libel than that prescribed for oral
defamation. Hence, the phrase “any other similar means” in Article 355 should be understood in lights of
the said common characteristic of the means to commit liberl. Thus, defamation through amplifier
constitutes oral defamation under Article 358 and not liberl under Article 355 since its nature as means of
publication is not permanent, and thus, it is not similar to radio or other means mentioned in Article 355
(People v. Santiago, G.R No L-17663)

On the other hand, televesion though not expressly mentioned in Article 355 easily qualifies under the
general provision “or any similar means” (People v. Casten, CA-G.R No. 07924-CR) Since nature of internet as
means of publication is permanent, it should be considered as a means to commit libel.
 REPUBLIC ACT 10175
CYBERCRIME PREVENTION ACT OF 2012

Therefore . . .

Libel, is a defamation committed by means of writing,printing, radio or similar means

Slander, is a defamation committed by oral means.

Cyberlibel (online libel) is libel committed through a computer system or any other similar means that may
be devised in the future.
 REPUBLIC ACT 10175
CYBERCRIME PREVENTION ACT OF 2012
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.

The section on aiding and abetting, and attempting to commit cybercrimes (Section 5) and the section on
liability under other laws (Section 7) were also declared unconstitutional with respect to certain crimes
defined in Section 4 of the law, notably with respect to libel (Section 4(c)(4)) and child pornography [Section
4(c)(2)] because other laws already penalize these crimes.
But the provision on aiding or abetting cybercrime in relation to other cybercrimes such as illegal access,
illegal interception, data interference, is delcared constitutional.
 REPUBLIC ACT 10175
CYBERCRIME PREVENTION ACT OF 2012
Q: Is the person, who clicked the button “like” or made a “comment” on, or shares a false news posted in a
Facebook, despite knowledge of its falsity, liable as an accomplice for cyber unlawful use of means of
publication under the Revised Penal Code in relation to RA No. 10175?

In Disini v. Secretary of Justice, G.R. No. 203335, February 18, 2014, the Supreme Court declared as
unconstitutional Section 5 of RA No. 10175 on aiding or abetting cybercrime in relation to cyber libel, child
pornography. It was held that the terms “aiding or abetting” constitute broad sweep that generates chilling
effect on those who express themselves through cyberspace posts, comments, and other messages. Hence,
this provision that punishes “aiding or abetting” libel on the cyberspace or cyber pornography is a nullity
since it encroaches upon freedom of speech on grounds of over breadth or vagueness of the statute.
 REPUBLIC ACT 10175
CYBERCRIME PREVENTION ACT OF 2012

According to Judge Marlo Campanilla,

A blogger who originally posted a libelous message or child pornographic material is liable for cybercrime.
But netizens, who merely reacted to the defamatory or child pornographic message on Facebook by clicking
the button for “Like,” “Comment,” or “Share” or on a Twitter account by retweeting it, are not liable for
aiding or abetting cybercrime.

“It is my submission that Disini case can be applied by analogy to resolve the above-mentioned query.
Making a person, who liked, commented or shared a false news in the Facebook liable as an accomplice is an
encroachment of freedom of speech.”

However, if there is conspiracy to spread by false news between the blogger and the one, who shared it,
both of them are liable as principals.
 REPUBLIC ACT 10175
CYBERCRIME PREVENTION ACT OF 2012
PENALTIES :
(NOTE: depends on what provision was violated)

Imprisonment [arresto mayor (1M & 1D to 6M) - reclusion temporal (12Y & 1D to 20 YRS); or

Fine (P100,000 - not exceeeding 1,000,000) ; or both

REPUBLIC ACT No. 9775

AN ACT DEFINING THE CRIME OF CHILD PORNOGRAPHY,

PRESCRIBING PENALTIES THEREFOR AND FOR OTHER
PURPOSES
 REPUBLIC ACT 9775
Anti-Child Pornography Act of 2009
Section 3. Definition of Terms. -

(a) "Child" refers to a person below eighteen (18) years of age or over, but is unable to fully take care of
himself/herself from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability
or condition.

For the purpose of this Act, a child shall also refer to:
(1) a person regardless of age who is presented, depicted or portrayed as a child as defined herein; and
(2) computer-generated, digitally or manually crafted images or graphics of a person who is represented or who is
made to appear to be a child as defined herein.

(b) "Child pornography" refers to any representation, whether visual, audio, or written combination thereof, by
electronic, mechanical, digital, optical, magnetic or any other means, of child engaged or involved in real or
simulated explicit sexual activities.
 REPUBLIC ACT 9775
Anti-Child Pornography Act of 2009
Section 3. Definition of Terms. -

(c) "Explicit Sexual Activity" includes actual or simulated -

(1) As to form:
(i) sexual intercourse or lascivious act including, but not limited to, contact involving genital to genital, oral to
genital, anal to genital, or oral to anal, whether between persons of the same or opposite sex;

(2) bestiality;
(3) masturbation;
(4) sadistic or masochistic abuse;
(5) lascivious exhibition of the genitals, buttocks, breasts, pubic area and/or anus; or
(6) use of any object or instrument for lascivious acts
 REPUBLIC ACT 9775
Anti-Child Pornography Act of 2009
Section 3. Definition of Terms. -

(h) "Grooming" refers to the act of preparing a child or someone who the offender believes to be a child for sexual
activity or sexual relationship by communicating any form of child pornography. It includes online enticement or
enticement through any other means.

(i) "Luring" refers to the act of communicating, by means of a computer system, with a child or someone who the
offender believes to be a child for the purpose of facilitating the commission of sexual activity or production of any
form of child pornography.

(j) "Pandering" refers to the act of offering, advertising, promoting, representing or distributing through any means
any material or purported material that is intended to cause another to believe that the material or purported
material contains any form of child pornography, regardless of the actual content of the material or purported
material.
 REPUBLIC ACT 9775
Anti-Child Pornography Act of 2009
Section 4. Unlawful or Prohibited Acts. - It shall be unlawful for any person:
(a) To hire, employ, use, persuade, induce or coerce a child to perform in the creation or production of any form of
child pornography;
(b) To produce, direct, manufacture or create any form of child pornography;
(c) To publish offer, transmit, sell, distribute, broadcast, advertise, promote, export or import any form of child
pornography;
(d) To possess any form of child pornography with the intent to sell, distribute, publish, or broadcast: Provided. That
possession of three (3) or more articles of child pornography of the same form shall be prima facie evidence of the
intent to sell, distribute, publish or broadcast;
(e) To knowingly, willfully and intentionally provide a venue for the commission of prohibited acts as, but not
limited to, dens, private rooms, cubicles, cinemas, houses or in establishments purporting to be a legitimate
business;
(f) For film distributors, theaters and telecommunication companies, by themselves or in cooperation with other
entities, to distribute any form of child pornography;
 REPUBLIC ACT 9775
Anti-Child Pornography Act of 2009
Section 4. Unlawful or Prohibited Acts. - It shall be unlawful for any person:
(g) For a parent, legal guardian or person having custody or control of a child to knowingly permit the child to
engage, participate or assist in any form of child pornography;
(h) To engage in the luring or grooming of a child;
(i) To engage in pandering of any form of child pornography;
(j) To willfully access any form of child pornography;
(k) To conspire to commit any of the prohibited acts stated in this section. Conspiracy to commit any form of child
pornography shall be committed when two (2) or more persons come to an agreement concerning the commission
of any of the said prohibited acts and decide to commit it; and
(l) To possess any form of child pornography.

Section 5. Syndicated Child Pornography - The crime of child pornography is deemed committed by a syndicate if
carried out by a group of three (3) or more persons conspiring or confederating with one another and shall be
punished under Section 15(a) of this Act.
 REPUBLIC ACT 9775
Anti-Child Pornography Act of 2009
Section 4. Unlawful or Prohibited Acts. - It shall be unlawful for any person:
(g) For a parent, legal guardian or person having custody or control of a child to knowingly permit the child to
engage, participate or assist in any form of child pornography;
(h) To engage in the luring or grooming of a child;
(i) To engage in pandering of any form of child pornography;
(j) To willfully access any form of child pornography;
(k) To conspire to commit any of the prohibited acts stated in this section. Conspiracy to commit any form of child
pornography shall be committed when two (2) or more persons come to an agreement concerning the commission
of any of the said prohibited acts and decide to commit it; and
(l) To possess any form of child pornography.

Section 5. Syndicated Child Pornography - The crime of child pornography is deemed committed by a syndicate if
carried out by a group of three (3) or more persons conspiring or confederating with one another and shall be
punished under Section 15(a) of this Act.
 REPUBLIC ACT 9775
Anti-Child Pornography Act of 2009
Child Pornography is Malum in Se

Since child pornography is inherently immoral in its nature, it is submitted that is is mala in se despite the fact that
it is punishable under special law. Hence, good faith is a defense.

Materials that possess serious literary, artistic, political or scientific value should be trated as child pornography
even though it contains a portrayal of a child engaged in explicit sexual acitivity.

Ex: A law book containing a case involving a child being raped, or a video for psychology students showing the
behvaior of persons suffering from mental disorder including that of a nymphomaniac child should not be
considered as pornographic.
 REPUBLIC ACT 9775
Anti-Child Pornography Act of 2009
Section 6. Who May File a Complaint. - Complaints on cases of any form of child pornography and other offenses
punishable under this Act may be filed by the following:

(a) Offended party;

(b) Parents or guardians;
(c) Ascendant or collateral relative within the third degree of consanguinity;
(d) Officer, social worker or representative of a licensed child-caring institution;
(e) Officer or social worker of the Department of Social Welfare and Development (DSWD);
(f) Local social welfare development officer;
(g) Barangay chairman;
(h) Any law enforcement officer;
(i) At least three (3) concerned responsible citizens residing in the place where the violation occurred; or
(j) Any person who has personal knowledge of the circumstances of the commission of any offense under this Act.
 REPUBLIC ACT 9775
Anti-Child Pornography Act of 2009
Section 13. Confidentiality. - The right to privacy of the child shall be ensured at any stage of the investigation,
prosecution and trial of an offense under this Act. - x x x . . .

Section 14. Care, Custody and Treatment of a Child Victim. - The DSWD shall ensure that the child who is a victim
of any form of child pornography is provided appropriate care, custody and support for their recovery and
reintegration in accordance with existing laws.

The child and his family shall be entitled to protection as well as to the rights and benefits of witnesses under
Republic Act No. 6981, otherwise known as "The Witness Protection, Security and Benefit Act". x x x . . .
 REPUBLIC ACT 9775
Anti-Child Pornography Act of 2009
Section 15. Penalties and Sanctions. - The following penalties and sanctions are hereby established for offenses
enumerated in this Act:
( Imprisonment and Fine, depending on what provision of the law was violated. )

Section 16. Common Penal Provisions. -

(a) If the offender is a parent, ascendant, guardian, step-parent or collateral relative within the third degree of
consanguinity or affinity or any person having control or moral ascendancy over the child, the penalty provided
herein shall be in its maximum duration; Provided, That this provision shall not apply to Section 4(g) of this Act;
(b) If the offender is a juridical person, the penalty shall be imposed upon the owner, manager, partner, member of
the board of directors and/or any responsible officer who participated in the commission of the crime or shall have
knowingly permitted or failed to prevent its commissions;
(c) If the offender is a foreigner, he/she shall be immediately deported after the complete service of his/her
sentence and shall forever be barred from entering the country; and
(d) The penalty provided for in this Act shall be imposed in its maximum duration if the offender is a public officer
or employee.
REPUBLIC ACT NO. 7877

AN ACT DECLARING SEXUAL HARASSMENT UNLAWFUL IN THE

EMPLOYMENT, EDUCATION OR TRAINING ENVIRONMENT, AND
FOR OTHER PURPOSES
 REPUBLIC ACT 7877
Anti-Sexual Harassment Act of 1995

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.
 REPUBLIC ACT 7877
Anti-Sexual Harassment Act of 1995
(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
limiting, 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.
 REPUBLIC ACT 7877
Anti-Sexual Harassment Act of 1995
(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.
 REPUBLIC ACT 7877
Anti-Sexual Harassment Act of 1995
Q: What is Sexual Harassment?

Under RA 7877, 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 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 or not by the object of said act.”

Q: What are the elements of the crime Sexual Harassment?

1) that the offender has authority, influence or moral ascendancy over the victim in a work, training, or education
environment; and
2) the offender demands, requests or otherwise requires any sexual favor from the victim. (Aquino v. Acosta, A.M. No. CTA-
01-1)
 REPUBLIC ACT 7877
Anti-Sexual Harassment Act of 1995

REMEMBER:

Sexual Harassment is committed by someone who has (A-I-M)

and committed in a (W-E-T) environment.

The gravamen of the offense in sexual harassment is not the violation of

the victim employee’s/student’s sexuality BUT the abuse of power by
the offender. (Philppine Aeolus Automotive United Corp. v NLRC)
 REPUBLIC ACT 7877
Anti-Sexual Harassment Act of 1995
First element - offender has A-I-M over the victim in W-E-T environment.

If an employee sexually harasses another employee, but the former has no authority, influence
or ascendancy over the latter, the harassment may constitute the crime of unjust vexation or
acts of lasciviousness punishable under the RPC or under Safe Spaces Act.

In Lamis v. Sales, complainant is a janitress of a private company assigned in the Hall of Justice.
While working, respondent, a court process server, showed his private organ to her. Respondent
did not commit the crime of sexual harssment since he, as a process serves, has no moral
ascendancy over complainant, a critical element of SH under RA 7877. However, respondent is
administratively liable for committing an immoral act.
Administrative sanctions shall not be a bar to prosecution in the proper courts for unlawful acts
of sexual harassment.
 REPUBLIC ACT 7877
Anti-Sexual Harassment Act of 1995
Second Element - offender demands, requests or otherwise requires any sexual favor from the
victim as a condition for either employment related or school related requeirments such as
passing grade, scholarship, or other benefits.

SH is committed regardless of whether or not the demand, request or requirement for

submission is accepted by the victim.

In Domingo v. Rayala, demand for sexual favor may be discerned, with equal certitude, from the
acts of NLRC chairman against stenographic reporter. Holding and squezzing her shoulders,
running his finger across her neck and tickling her ear, having inappropriate conversations with
her, giving her money allegedly for school expenses with a promise of future privileges, and
making statementswith unmistakable sexual overtones - all these acts of respondent resound
with defeaning clarity the unspoken rquest for a sexual favor.
 REPUBLIC ACT 7877
Anti-Sexual Harassment Act of 1995
The above acts (sexual advances) would result in an intimidating, hostile or offensive
environment for the employee.

AGAIN!!!
1) Committed by someone who has A-I-M over the victim in a W-E-T environment;
2) Offender demands sexual favor as a condition for hiring (re-employment), or giving
passing grades, scholarship, or other benefits;

The sexual advances would result in an intimidating, hostile environment for the employee or
student, trainee, or apprentice.
 REPUBLIC ACT 7877
Anti-Sexual Harassment Act of 1995
Q: What is the duty of the employer of head of office in a work or education/training environment?

The employer or head of office is required by the law to prevent the occurrence of sexual harassment acts
and to provide the procedures for the resolution, settlement or prosecution of sexual harassment. Towards
this end, the employer or head of office shall:

1. Promulgate appropriate rules and regulations in consultation with and jointly approved by the employees
or student or trainees, through their duly designated representatives. Said rules and regulations shall
prescribe the procedures for the investigation of sexual harassment cases and the administrative sanctions
thereof.

2. Create a Committee on Decorum and Investigation (CODI) of cases on sexual harassment. The committee
shall conduct meetings or 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.
 REPUBLIC ACT 7877
Anti-Sexual Harassment Act of 1995

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.
 REPUBLIC ACT 7877
Anti-Sexual Harassment Act of 1995

Q: What if the employer or head of office did not undertake any action despite his/her
knowledge of the sexual harassment act/s?

The employer or head of office, educational or training institution will be held solidarily liable
for the damages arising from acts of sexual harassment if they are informed by the offended
party of the occurrence of such acts, yet no action has been undertaken.
 REPUBLIC ACT 7877
Anti-Sexual Harassment Act of 1995
Sec. 7 PENALTIES:

Commission of sexual harassment is a criminal offense. A person found guilty of sexual

harassment shall 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. Any person who directs or induces another to commit any
act of sexual harassment, or who cooperates in the commission thereof by another without
which it would not have been committed, shall also be held liable under for sexual harassment.

Any act on arising from the violation of the provisions of this Act shall prescribe in three (3)
years.
REPUBLIC ACT No. 11313

An Act Defining Gender-Based Sexual Harassment in Streets,

Public Spaces, Online, Workplaces, and Educational or Training
Institutions, Providing Protective Measures and Prescribing
Penalties Therefor
 REPUBLIC ACT No. 11313
Safe Spaces Act (Bawal Bastos Law)
Section 3. Definition of Terms. -As used in this Act:

(a) Catcalling refers to unwanted remarks directed towards a person, commonly done in the form of wolf-whistling and
misogynistic, transphobic, homophobic, and sexist slurs;
xxx
(g) Public spaces refer to streets and alleys, public parks, schools, buildings, malls, bars, restaurants, transportation terminals,
public markets, spaces used as evacuation centers, government offices, public utility vehicles as well as private vehicles covered by
app-based transport network services and other recreational spaces such as, but not limited to, cinema halls, theaters and spas;
and
xxx
(e) Gender-based online sexual harassment refers to an online conduct targeted at a particular person that causes or likely to
cause another mental, emotional or psychological distress, and fear of personal safety, sexual harassment acts including unwanted
sexual remarks and comments, threats, uploading or sharing of one’s photos without consent, video and audio recordings,
cyberstalking and online identity theft;
xxx
(h) Stalking refers to conduct directed at a person involving the repeated visual or physical proximity, non-consensual
communication, or a combination thereof that cause or will likely cause a person to fear for one’s own safety or the safety of
 REPUBLIC ACT No. 11313
Safe Spaces Act (Bawal Bastos Law)
 REPUBLIC ACT No. 11313
Safe Spaces Act (Bawal Bastos Law)
Section 4. Gender-Based Streets and Public Spaces Sexual Harassment. -The crimes of gender-based streets and
public spaces sexual harassment are committed through any unwanted and uninvited sexual actions or remarks against
any person regardless of the motive for committing such action or remarks. x x x . . .

Section 5. Gender-Based Sexual Harassment in Restaurants and Cafes, Bars and Clubs, Resorts and Water Parks,
Hotels and Casinos, Cinemas, Malls, Buildings and Other Privately-Owned Places Open to the Public. x x x . . . they
are obliged to provide assistance to victims by coordinating with the police, making CCTV footage available, and
encouraging victims to report harassment at the first instance. x x x

Section 6. Gender-Based Sexual Harassment in Public Utility Vehicles. x x x . . . Land Transportation Office (LTO) may
cancel the license of perpetrators found to have committed acts constituting sexual harassment in public utility
vehicles, and the Land Transportation Franchising and Regulatory Board (LTFRB) may suspend or revoke the franchise
of transportation operators who commit gender-based streets and public spaces sexual harassment acts.

Section 7. Gender-Based Sexual Harassment in Streets and Public Spaces Committed by Minors. x x x . . . the
Department of Social Welfare and Development (DSWD) shall take necessary disciplinary measures
 REPUBLIC ACT No. 11313
Safe Spaces Act (Bawal Bastos Law)
Section 8. Duties of Local Government Units (LGUs). -local government units (LGUs) shall bear primary
responsibility in enforcing the provisions under Article I of this Act. LGUs shall have the following duties:

(a) Pass an ordinance which shall localize the applicability of this Act within sixty (60) days of its effectivity;
(b) Disseminate or post in conspicuous places a copy of this Act and the corresponding ordinance;
(c) Provide measures to prevent gender-based sexual harassment in educational institutions, such as
information campaigns and anti-sexual harassment seminars;
(d) Discourage and impose fines on acts of gender-based sexual harassment as defined in this Act;
(e) Create an anti-sexual harassment hotline; and
(f) Coordinate with the Department of the Interior and Local Government (DILG) on the implementation of
this Act.

The DILG, Philippine Commission on Women, PNP, and the Department of Information and Communications
Technology are the national bodies responsible for overseeing the implementation of the law.
 REPUBLIC ACT No. 11313
Safe Spaces Act (Bawal Bastos Law)
Section 11. Specific Acts and Penalties for Gender-Based Sexual Harassment in Streets and Public Spaces. -
The following acts are unlawful and shall be penalized as follows:

(a) For acts such as cursing, wolf-whistling, catcalling, leering and intrusive gazing, taunting, pursing,
unwanted invitations, misogynistic, transphobic, homophobic, and sexist slurs, persistent unwanted
comments on one’s appearance, relentless requests for one’s personal details such as name, contact and
social media details or destination, the use of words, gestures or actions that ridicule on the basis of sex,
gender or sexual orientation, identity and/or expression including sexist, homophobic, and transphobic
statements and slurs, the persistent telling of sexual jokes, use of sexual names, comments and demands,
and any statement that has made an invasion on a person’s personal space or threatens the person’s sense
of personal safety –
(1) The first offense shall be punished by a fine of One thousand pesos (₱1,000.00) and
community service of twelve (12) hours inclusive of attendance to a Gender Sensitivity Seminar to be
conducted by the PNP in coordination with the LGU and the PCW;
 REPUBLIC ACT No. 11313
Safe Spaces Act (Bawal Bastos Law)
(2) The second offense shall be punished by arresto menor (6 to 10 days) or a fine of Three
thousand pesos (₱3,000.00);
(3) The third offense shall be punished by arresto menor (11 to 30 days) and a fine of Ten
thousand pesos (₱10,000.00).

(b) For acts such as making offensive body gestures at someone, and exposing private parts for the sexual
gratification of the perpetrator with the effect of demeaning, harassing, threatening or intimidating the
offended party including flashing of private parts, public masturbation, groping, and similar lewd sexual
actions –
(1) The first offense shall he punished by a fine of Ten thousand pesos (₱10,000.00) and
community service of twelve (12) hours inclusive of attendance to a Gender Sensitivity Seminar, to be
conducted by the PNP in coordination with the LGU and the PCW;
(2) The second offense shall be punished by arresto menor (11 to 30 days) or a fine of Fifteen
thousand pesos (₱15,000.00);
 REPUBLIC ACT No. 11313
Safe Spaces Act (Bawal Bastos Law)
(3) The third offense shall be punished by arresto mayor (1 month and 1 day to 6 months) and a
fine of Twenty thousand pesos (₱20,000.00).

(c) For acts such as stalking, and any of the acts mentioned in Section 11 paragraphs (a) and (b), when
accompanied by touching, pinching or brushing against the body of the offended person; or any touching,
pinching, or brushing against the genitalia, face, arms, anus, groin, breasts, inner thighs, face, buttocks or any
part of the victim’s body even when not accompanied by acts mentioned in Section 11 paragraphs (a) and (b)
(1) The first offense shall be punished by arresto menor (11 to 30 days) or a line of Thirty
thousand pesos (₱30,000.00), provided that it includes attendance in a Gender Sensitivity Seminar,
to be conducted by the PNP in coordination with the LGU and the PCW;
(2) The second offense shall be punished by arresto mayor (1 month and 1 day to 6 months) or a
fine of Fifty thousand pesos (₱50,000.00);
(3) The third offense shall be punished by arresto mayor in its maximum period or a fine of One
hundred thousand pesos (₱100,000.00).
 REPUBLIC ACT No. 11313
Safe Spaces Act (Bawal Bastos Law)
Section 36. Prescriptive Period.— Any action arising from the violation of any of the provisions of this Act
shall prescribe as follows:

(a) Offenses committed under Section 11(a) of this Act shall prescribe in one (1) year;

(b) Offenses committed under Section 11(b) of this Act shall prescribe in three (3) years;

(c) Offenses committed under Section 11(c) of this Act shall prescribe in ten (10) years;

(d) Offenses committed under Section 12 of this Act shall be imprescriptible; and

(e) Offenses committed under Sections 16 and 21 of this Act shall prescribe in five (5) years.
REPUBLIC ACT No. 11313
Safe Spaces Act (Bawal Bastos Law)
ARTICLE II
GENDER-BASED ONLINE SEXUAL HARASSMENT (SECTIONS 12-15)

ARTICLE III
QUALIFIED GENDER-BASED STREETS, PUBLIC SPACES
AND ONLINE SEXUAL HARASSMENT (SECTIONS 15)

ARTICLE IV
GENDER-BASED SEXUAL HARASSMENT IN THE WORKPLACE (SECTIONS 16-20)

ARTICLE V
GENDER-BASED SEXUAL HARASSMENT IN
EDUCATIONAL AND TRAINING INSTITUTIONS (SECTIONS 21-25)
 REPUBLIC ACT No. 11313
Safe Spaces Act (Bawal Bastos Law)
Section 12. Gender-Based Online Sexual Harassment. -Gender-based online sexual harassment includes acts
that use information and communications technology in terrorizing and intimidating victims through
physical, psychological, and emotional threats, unwanted sexual misogynistic, transphobic, homophobic
and sexist remarks and comments online whether publicly or through direct and private messages,
invasion of victim’s privacy through cyberstalking and incessant messaging, uploading and sharing without
the consent of the victim, any form of media that contains photos, voice, or video with sexual content, any
unauthorized recording and sharing of any of the victim’s photos, videos, or any information online,
impersonating identities of victims online or posting lies about victims to harm their reputation, or filing,
false abuse reports to online platforms to silence victims.

NOTE: Section 36(d) Prescriptive Period.

Offenses committed under Section 12 of this Act shall be imprescriptible; and
 REPUBLIC ACT No. 11313
Safe Spaces Act (Bawal Bastos Law)
Section 14. Penalties for Gender-Based Online Sexual Harassment. -The penalty of prision
correccional in its medium period or a fine of not less than One hundred thousand pesos
(₱100,000.00) but not more than Five hundred thousand pesos (₱500,000.00), or both, at the
discretion of the court shall be imposed upon any person found guilty of any gender-based
online sexual harassment.

If the perpetrator is a juridical person, its license or franchise shall be automatically deemed
revoked, and the persons liable shall be the officers thereof, including the editor or reporter in
the case of print media, and the station manager, editor and broadcaster in the case of
broadcast media. An alien who commits gender-based online sexual harassment shall be subject
to deportation proceedings after serving sentence and payment of fines.
 REPUBLIC ACT No. 11313
Safe Spaces Act (Bawal Bastos Law)
ARTICLE III
QUALIFIED GENDER-BASED STREETS, PUBLIC SPACES AND ONLINE SEXUAL HARASSMENT

Section 15. Qualified Gender-Based Streets, Public Spaces and Online Sexual Harassment. -The penalty next higher in degree will be
applied in the following cases:

(a) If the act takes place in a common carrier or PUV, including, but not limited to, jeepneys, taxis, tricycles, or app-based transport
network vehicle services, where the perpetrator is the driver of the vehicle and the offended party is a passenger;

(b) If the offended party is a minor, a senior citizen, or a person with disability (PWD), or a breastfeeding mother nursing her child;

(c) If the offended party is diagnosed with a mental problem tending to impair consent;

(d) If the perpetrator is a member of the uniformed services, such as the PNP and the Armed Forces of the Philippines (AFP), and the act
was perpetrated while the perpetrator was in uniform; and

(e) If the act takes place in the premises of a government agency offering frontline services to the public and the perpetrator is a
government employee.
 REPUBLIC ACT No. 11313
Safe Spaces Act (Bawal Bastos Law)
Section 16. Gender-Based Sexual Harassment in the Workplace. -The crime of gender-based sexual
harassment in the workplace includes the following:
(a) An act or series of acts involving any unwelcome sexual advances, requests or demand for sexual favors
or any act of sexual nature, whether done verbally, physically or through the use of technology x x x
(b)
(c) A conduct that is unwelcome and pervasive and creates an intimidating, hostile or humiliating
environment for the recipient: Provided, That the crime of gender-based sexual harassment may also be
committed between peers and those committed to a superior officer by a subordinate, or to a teacher by
a student, or to a trainer by a trainee; and
(d)
xxx

In short, anyone can be the perpetrator/offender for the crime of sexual harrasment under Safe Spaces Act.
 REPUBLIC ACT No. 11313
Safe Spaces Act (Bawal Bastos Law)
Section 21. Gender-Based Sexual Harassment in Educational and Training Institutions.— All
schools, whether public or private, shall designate an officer-in-charge to receive complaints
regarding violations of this Act, and shall, ensure that the victims are provided with a gender-
sensitive environment that is both respectful to the victims’ needs and conducive to truth-
telling.
xxx

Once a perpetrator is found guilty, the educational institution may reserve the right to strip
the diploma from the perpetrator or issue an expulsion order.

The Committee on Decorum and Investigation (CODI) of all educational institutions shall address
gender-based sexual harassment and online sexual harassment in accordance with the rules and
procedures contained in their CODI manual.
 REPUBLIC ACT No. 11313
Safe Spaces Act (Bawal Bastos Law)
Section 22. Duties of School Heads. -School heads shall have the following duties:

Section 23. Liability of School Heads.—

(a) Non-implementation of their duties under Section 22 of this Act, as provided in the penal
provisions; or
(b) Failure to act on reported acts of gender-based sexual harassment committed in the
educational institution.

Section 24. Liability of Students.— Minor students who are found to have committed acts of
gender-based sexual harassment shall only be held liable for administrative sanctions by the
school as stated in their school handbook.
 REPUBLIC ACT No. 11313
Safe Spaces Act (Bawal Bastos Law)
ARTICLE VI
COMMON PROVISIONS

Section 26. Confidentiality.— At any stage of the investigation, prosecution and trial of an
offense under this Act, the rights of the victim and the accused who is a minor shall be
recognized.

Section 27. Restraining Order.— Where appropriate, the court, even before rendering a final
decision, may issue an order directing the perpetrator to stay away from the offended person at
a distance specified by the court, or to stay away from the residence, school, place of
employment, or any specified place frequented by the offended person.
 REPUBLIC ACT No. 11313
Safe Spaces Act (Bawal Bastos Law)
Section 28. Remedies and Psychological Counselling.— A victim of gender-based street, public spaces or
online sexual harassment may avail of appropriate remedies as provided for under the law as well as
psychological counselling services with the aid of the LGU and the DSWD, in coordination with the DOH and
the PCW. Any fees to be charged in the course of a victim’s availment of such remedies or psychological
counselling services shall be borne by the perpetrator.

Section 29. Administrative Sanctions.— Above penalties are without prejudice to any administrative
sanctions that may be imposed if the perpetrator is a government employee.

Section 30. Imposition of Heavier Penalties.— Nothing in this Act shall prevent LGUs from coming up with
ordinances that impose heavier penalties for the acts specified herein.

Section 31. Exemptions.— Acts that are legitimate expressions of indigenous culture and tradition, as well as
breastfeeding in public shall not be penalized.
REPUBLIC ACT No. 11313
Safe Spaces Act
(Bawal Bastos Law)
REPUBLIC ACT 11648
AN ACT PROMOTING FOR STRONGER PROTECTION AGAINST RAPE AND SEXUAL
EXPLOITATION AND ABUSE, INCREASING THE AGE FOR DETERMINING THE
COMMISSION OF STATUTORY RAPE, AMENDING FOR THE PURPOSE ACT NO. 3815,
AS AMENDED, OTHERWISE KNOWN AS "THE REVISED PENAL CODE," REPUBLIC ACT
NO. 8353, ALSO KNOWN AS "THE ANTI-RAPE LAW OF 1997," AND REPUBLIC ACT NO.
7610, AS AMENDED, OTHERWISE KNOWN AS THE "SPECIAL PROTECTION OF
CHILDREN AGAINST ABUSE, EXPLOITATION AND DISCRIMINATION ACT"
 REPUBLIC ACT No. 11648
AN ACT PROMOTING FOR STRONGER PROTECTION AGAINST
RAPE AND SEXUAL EXPLOITATION AND ABUSE, INCREASING
THE AGE FOR DETERMINING THE COMMISSION OF STATUTORY RAPE,
RA 8353 (Anti-Rape Law) RA 11648
"Article 266-A. Rape: When And How Committed. - d) When the offended party is under sixteen (16)
Rape is committed: years of age or is demented, even though none of
the circumstances mentioned above be present:
"1) By a man who shall have carnal knowledge of a Provided, That there shall be no criminal liability on
woman under any of the following circumstances: the part of a person having carnal knowledge of
"a) Through force, threat, or intimidation; another person sixteen (16) years of age when the
"b) When the offended party is deprived of age difference between the parties is not more than
reason or otherwise unconscious; three (3) years, and the sexual act in question is
"c) By means of fraudulent machination or grave proven to be consensual, non-abusive, and non-
abuse of authority; and exploitative: Provided, further, That if the victim is
under thirteen (13) years of age, this exception shall
"d) When the offended party is under twelve (12) not apply.
years of age or is demented, even though none of
the circumstances mentioned above be present.
 REPUBLIC ACT No. 11648
AN ACT PROMOTING FOR STRONGER PROTECTION AGAINST
RAPE AND SEXUAL EXPLOITATION AND ABUSE, INCREASING
THE AGE FOR DETERMINING THE COMMISSION OF STATUTORY RAPE,
RA 3815 (RPC) RA 11648
Article 337. Qualified seduction. - The seduction of a virgin "Article 337. Qualified seduction. - The seduction of a
over twelve years and under eighteen years of age, minor, sixteen and over but under eighteen years of age,
committed by any person in public authority, priest, home- committed by any person in public authority, priest, home-
servant, domestic, guardian, teacher, or any person who, in servant, domestic, guardian, teacher, or any person who, in
any capacity, shall be entrusted with the education or any capacity, shall be entrusted with the education or
custody of the woman seduced, shall be punished by prision custody of the minor seduced, shall be punished by prision
correccional in its minimum and medium periods. correccional in its minimum and medium periods.

The penalty next higher in degree shall be imposed upon any "The penalty next higher in degree shall be imposed upon
person who shall seduce his sister or descendant, whether any person who shall seduce his sister or descendant,
or not she be a virgin or over eighteen years of age. whether or not she be a virgin or over eighteen years of age.

Under the provisions of this Chapter, seduction is committed "Under the provisions of this Chapter, seduction is
when the offender has carnal knowledge of any of the committed when the offender have carnal knowledge of any
persons and under the circumstances described herein. of the persons and under the circumstances described
therein."
 REPUBLIC ACT No. 11648
AN ACT PROMOTING FOR STRONGER PROTECTION AGAINST
RAPE AND SEXUAL EXPLOITATION AND ABUSE, INCREASING
THE AGE FOR DETERMINING THE COMMISSION OF STATUTORY RAPE,
RA 3815 (RPC) RA 11648
Article 338. Simple seduction. - The seduction of a woman "Article 338. Simple seduction. - The seduction of a minor,
who is single or a widow of good reputation, over twelve but sixteen and over but under eighteen years of age,
under eighteen years of age, committed by means of deceit, committed by means of deceit, shall be punished by arresto
shall be punished by arresto mayor. mayor."

Section 3. Sections 5(b), 7, 9, and 10(b) of Republic Act No. 7610, otherwise known as the Special
Protection of Children Against Abuse, Exploitation and Discrimination Act are hereby amended to read as
follows: (from 12 years old to 16 years old)

Section 5. Child Prostitution and Other Sexual Abuse.

Section 7. Child Trafficking.
Section 9. Obscene Publications and Indecent Shows.
Section 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other Conditions Prejudicial to the
Child's Development.
 REPUBLIC ACT No. 11648
AN ACT PROMOTING FOR STRONGER PROTECTION AGAINST
RAPE AND SEXUAL EXPLOITATION AND ABUSE, INCREASING
THE AGE FOR DETERMINING THE COMMISSION OF STATUTORY RAPE,

Q: How is the crime punished?

The penalty varies depending on the act itself and the circumstances surrounding it.

Reclusion Perpetua (Imprisonment from 20 to 40 years) is imposed on the offender if rape is

committed through sexual intercourse.

Prision Mayor (Imprisonment from 6 to 12 years) is imposed on the offender if rape was
committed through oral or anal sex or through the use of any object or instrument that was
inserted into the mouth or anal orifice of the woman or a man.

This may also be elevated to Reclusion Temporal (Imprisonment from 12 to 20 years) or Reclusion
Perpetua depending on the circumstances surrounding the crime.
BATAS PAMBANSA BLG. 22

AN ACT PENALIZING THE MAKING OR DRAWING AND

ISSUANCE OF A CHECK WITHOUT SUFFICIENT FUNDS OR CREDIT
AND FOR OTHER PURPOSES.
 BP 22
BOUNCING CHECKS LAW
Section 1. Checks without sufficient funds. - Any person who makes or draws and issues any check to apply on
account or for value, knowing at the time of issue that he does not have sufficient funds in or credit with the
drawee bank for the payment of such check in full upon its presentment, which check is subsequently dishonored
by the drawee bank for insufficiency of funds or credit or would have been dishonored for the same reason had not
the drawer, without any valid reason, ordered the bank to stop payment, shall be punished by imprisonment of not
less than thirty days but not more than one (1) year or by a fine of not less than but not more than double the
amount of the check which fine shall in no case exceed Two Hundred Thousand Pesos, or both such fine and
imprisonment at the discretion of the court.

The same penalty shall be imposed upon any person who, having sufficient funds in or credit with the drawee bank
when he makes or draws and issues a check, shall fail to keep sufficient funds or to maintain a credit to cover the
full amount of the check if presented within a period of ninety (90) days from the date appearing thereon, for
which reason it is dishonored by the drawee bank.

Where the check is drawn by a corporation, company or entity, the person or persons who actually signed the check
in behalf of such drawer shall be liable under this Act.
 BP 22
BOUNCING CHECKS LAW
Section 2. Evidence of knowledge of insufficient funds. - The making, drawing and issuance of a check payment of
which is refused by the drawee because of insufficient funds in or credit with such bank, when presented within
ninety (90) days from the date of the check, shall be prima facie evidence of knowledge of such insufficiency of
funds or credit unless such maker or drawer pays the holder thereof the amount due thereon, or makes
arrangements for payment in full by the drawee of such check within (5) banking days after receiving notice that
such check has not been paid by the drawee.

Section 3. Duty of drawee; rules of evidence. - It shall be the duty of the drawee of any check, when refusing to pay
the same to the holder thereof upon presentment, to cause to be written, printed, or stamped in plain language
thereon, or attached thereto, the reason for drawee's dishonor or refusal to pay the same: Provided, That where
there are no sufficient funds in or credit with such drawee bank, such fact shall always be explicitly stated in the
notice of dishonor or refusal. - x x x . . .

Section 5. Liability under the Revised Penal Code. - Prosecution under this Act shall be without prejudice to any
liability for violation of any provision of the Revised Penal Code.
 BP 22
BOUNCING CHECKS LAW
To curb the practice of issuing worthless checks, Batas Pambansa (BP) 22 was enacted. The following essential elements
must be present in order to be liable under BP 22:

(1) the person accused of violating the law makes, draws or issues any check for account or for value;

(2) he has knowledge at the time he issued the check that he does not have sufficient funds in or credit with
the drawee bank for the payment of the check when presented for payment; and,

(3) the drawee bank dishonors the check because of insufficiency of funds, or it would have dishonored the
check for the same reason if the issuer did not order the bank to stop payment for no valid reason.

The law presumes that the issuer knew of the insufficiency of his funds if the check is dishonored within 90 days from the
date of the check. This presumption is overcome only if the issuer pays or makes arrangements for payment of the full
amount of the check within five banking days after receiving a notice of its dishonor. Further, there must be proof that that
the issuer was notified of the fact of dishonor, and proof that the issuer had received such notice of dishonor.
 BP 22
BOUNCING CHECKS LAW
Any alleged violation of BP 22 pursued through the filing of a criminal complaint must be filed within four
years from the dishonor of the check, before the office of the public prosecutor. If the public prosecutor finds
probable cause (i.e., determines that a check without sufficient funds was indeed issued, and it was the
respondent who had issued it), an Information will be filed before the proper Metropolitan Trial Court or
Municipal Trial Court. Trial will follow.

If the accused is found guilty, BP 22 provides that the penalty for its violation is imprisonment for at least 30
days but not more than one year, or a fine of at least double the amount of the check but not to exceed
P200,000.

A fine is only preferred over an imprisonment sentence if it would better serve the interests of justice —
such as if the accused is a first time offender, or there is good faith involved. Even if only a fine is imposed, if
the issuer has no sufficient property to pay the fine imposed, in which case he or she shall be liable to serve
a prison term at the rate of one day for each eight pesos of the unpaid fine.
 BP 22
BOUNCING CHECKS LAW
It must also be noted that a person liable for BP 22 may at the same time be liable for estafa under Article
315 (2-d) of the Revised Penal Code: By means of any of the following false pretenses or fraudulent acts
executed prior to or simultaneously with the commission of the fraud:

(a) a check is postdated or issued in payment of an obligation contracted at the time the check is issued;
(b) lack or insufficiency of funds to cover the check; and
(c) damage to the payee thereof. It is the deceit or fraud attendant to the issuance of the check which is
punished.

Hence, the prosecution of a person under BP 22 is a not a bar for prosecution for Estafa...
Republic Act 7080 (An Act Defining and Penalizing the Crime of
Plunder)
- vs -
Republic Act 3019 (Anti-Graft and Corrupt Practices Act)
 RA 7080 (Plunder) RA 3019 (Graft and Corruption)
The law states that a public official can be charged with If amount involved is below P50 million
plunder if the accused has accumulated wealth amounting
to at least P50 million through dummies, agents, Section 3. Corrupt practices of public officers. x x x . .
subordinates, by series of aany of the following methods: (a) Persuading, inducing or influencing another public officer
1. misappropriation, conversion, misuse, or malversation of to perform an act constituting a violation of rules and
public funds regulations duly promulgated by competent authority or an
2. receiving any commission, gift, share, percentage, offense in connection with the official duties of the latter, or
kickbacks or any other form of pecuniary benefit from any allowing himself to be persuaded, induced, or influenced to
person and/or entity in connection with any government commit such violation or offense.
contract or project (b) Directly or indirectly requesting or receiving any gift,
3. illegal or fraudulent conveyance or disposition of assets present, share, percentage, or benefit, for himself or for any
belonging to the government other person, in connection with any contract or transaction
4. obtaining, receiving or accepting any shares of stock, between the Government and any other party
equity or any other form of interest or participation xxx..
including the promise of future employment in any business (e) Causing any undue injury to any party, including the
enterprise or undertaking Government, or giving any private party any unwarranted
5. establishing agricultural, industrial or commercial benefits, advantage or preference in the discharge of his
monopolies or other combinations and/or implementation official administrative or judicial functions through manifest
of decrees and orders intended to benefit particular persons partiality, evident bad faith or gross inexcusable negligence.
or special interests This provision shall apply to officers and employees of
6. taking undue advantage of official position, authority, offices or government corporations charged with the grant
relationship, connection or influence to unjustly enrich of licenses or permits or other concessions.
himself or themselves at the expense and to the damage
and prejudice of the country and its people
 RA 7080 (Plunder) RA 3019 (Graft and Corruption)
The law states that those found guilty of plunder shall be Violation of Section 7 (SALN), which refers to wealth
punished by life imprisonment, perpetual absolute declaration of public officials.
disqualification from holding any public office, and
government seizure of assets for whatever amount they Section 4. Prohibition on private individuals. (a) It shall be
gained. unlawful for any person having family or close personal
relation with any public official to capitalize or exploit or take
Any individual who participated in the commission of the advantage of such family or close personal relation by
unlawful acts stated in the law will also be punished, directly or indirectly requesting or receiving any present, gift
depending on the degree of his involvement. or material or pecuniary advantage from any other person
having some business, transaction, application, request or
Plunder is a non-bailable offense. contract with the government, in which such public official
has to intervene.
The crime punishable under this Act shall prescribe in
twenty (20) years. However, the right of the State to recover Section 5. Prohibition of Relatives...
properties unlawfully acquired by public officers from them Section 6. Prohibition on Members of Congress...
or from their nominees or transferees shall not be barred by
prescription, laches, or estoppel. Violation of Section 7 (SALN), which refers to wealth
declaration of public officials.
Elements:
1. Offender is a Public Officer who acts by himself or in violators of this law also face permanent disqualification
connivance with members of family or relatives, business from public office, and government seizure of assets for
partners or other persons; whatever amount they gained.
2. Amassed or accumulated or acquired an ill-gotten wealth
through combination of the criminal acts; and All offenses punishable under this Act shall prescribe in ten
3. the aggregate amount of the IGW is at least 50M. years.
Book:
1. Special Penal Laws 2019 Edition by Judge Marlo B. Campanilla.
2. Special Penal Laws by Atty. Victor T. Tulalian

Online Sources:
1. CHAIN OF CUSTODY RULE IN DRUG CASES (March 9, 2017). Retrieved from https://www.respicio.ph/features/chain-of-custody-rule-in-drug-cases
2. Legal Service: Updates on Plea of Bargaining in Drug Cases. Retrived from http://www.ls.pnp.gov.ph/index.php/aboutus/ls-logo/8-about-us/72-updates-
on-plea-bargaining-in-drug-cases#:~:text=23%20of%20RA%209165%20prohibiting,drug%20cases%20is%20not%20allowed%3F
3. NICOLAS & DE VEGA LAW OFFICES: RA 10883: The New Anti-Carnapping Law of the Philippines. Retreived from https://ndvlaw.com/ra-10883-the-new-
anti-carnapping-law-of-the-philippines/#:~:text=RA%2010883%20punishes%20the%20crime,by%20using%20force%20upon%20things.
3..Philippine Commission on Women: RA 9262: the Anti-Violence Against Women and their Children Act of 2004. Retfrieved from https://pcw.gov.ph/faq-
republic-act-9262/#:~:text=RA%209262%20acknowledges%20that%20women,Battered%20Woman%20Syndrome%20(BWS).
4. Philippine Daily Inquirer: Salient Features of RA 10591 (October 5, 2013). Retreived from https://opinion.inquirer.net/62799/salient-features-of-ra-10591
5. Rappler. https://www.rappler.com/newsbreak/iq/60208-difference-plunder-graft-pdaf/?
utm_source=facebook&utm_medium=referral&fbclid=IwAR3VvDujSrpMy2A6C9npKkXoXrIE-_rjtFoNYb3hP-WjP1aZxuwC9Ju2wNI
6. Supreme Court of the Philippines: SC Provides Clarificatory Guidelines on Plea-Bargaining in Drugs Cases (July 28, 2022). Retfrieved from
https://sc.judiciary.gov.ph/28879/
-END-
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