PRESIDENTIAL DECREE No. 1613 2.

Any archive, museum, whether public

or private, or any edifice devoted to
AMENDING THE LAW ON ARSON culture, education or social services.

WHEREAS, findings of the police and 3. Any church or place of worship or

intelligence agencies of the government reveal other building where people usually
that fires and other crimes involving destruction assemble.
in Metro Manila and other urban centers in the
country are being perpetrated by criminal 4. Any train, airplane or any aircraft,
syndicates, some of which have foreign vessel or watercraft, or conveyance for
connections; transportation of persons or property

WHEREAS, the current law on arson suffers 4. Any building where evidence is kept
from certain inadequacies that impede the for use in any legislative, judicial,
successful enforcement and prosecution of administrative or other official
arsonists; proceedings.

WHEREAS, it is imperative that the high 5. Any hospital, hotel, dormitory,

incidence of fires and other crimes involving lodging house, housing tenement,
destruction be prevented to protect the national shopping center, public or private
economy and preserve the social, economic and market, theater or movie house or any
political stability of the country; similar place or building.

NOW, THEREFORE, I, FERDINAND E. 6. Any building, whether used as a

MARCOS, President of the Philippines, by dwelling or not, situated in a populated
virtue of the powers vested in me by the or congested area.
Constitution, do hereby order and decree as part
of the law of the land, the following: Section 3. Other Cases of Arson. The penalty of
Reclusion Temporal to Reclusion Perpetua shall
Section 1. Arson. Any person who burns or sets be imposed if the property burned is any of the
fire to the property of another shall be punished following:
by Prision Mayor.
1. Any building used as offices of the
The same penalty shall be imposed when a government or any of its agencies;
person sets fire to his own property under
circumstances which expose to danger the life or 2. Any inhabited house or dwelling;
property of another.
3. Any industrial establishment,
Section 2. Destructive Arson. The penalty of shipyard, oil well or mine shaft,
Reclusion Temporal in its maximum period to platform or tunnel;
Reclusion Perpetua shall be imposed if the
property burned is any of the following: 4. Any plantation, farm, pastureland,
growing crop, grain field, orchard,
1. Any ammunition factory and other bamboo grove or forest;
establishment where explosives,
inflammable or combustible materials 4. Any rice mill, sugar mill, cane mill or
are stored. mill central; and

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 5. Any railway or bus station, airport, 4. If the building or property is insured
wharf or warehouse. for substantially more than its actual
value at the time of the issuance of the
Section 4. Special Aggravating Circumstances policy.
in Arson. The penalty in any case of arson shall
be imposed in its maximum period; 4. If during the lifetime of the
corresponding fire insurance policy
1. If committed with intent to gain; more than two fires have occurred in the
same or other premises owned or under
2. If committed for the benefit of the control of the offender and/or
another; insured.

3. If the offender is motivated by spite 5. If shortly before the fire, a substantial

or hatred towards the owner or occupant portion of the effects insured and stored
of the property burned; in a building or property had been
withdrawn from the premises except in
4. If committed by a syndicate. the ordinary course of business.

The offense is committed by a syndicate if its is 6. If a demand for money or other

planned or carried out by a group of three (3) or valuable consideration was made before
more persons. the fire in exchange for the desistance of
the offender or for the safety of the
Section 5. Where Death Results from Arson. If person or property of the victim.
by reason of or on the occasion of the arson
death results, the penalty of Reclusion Perpetua Section 7. Conspiracy to commit
to death shall be imposed. Arson. Conspiracy to commit arson shall be
punished by Prision Mayor in its minimum
Section 6. Prima Facie evidence of Arson. Any period.
of the following circumstances shall constitute
prima facie evidence of arson: Section 8. Confiscation of Object of Arson. The
building which is the object of arson including
1. If the fire started simultaneously in the land on which it is situated shall be
more than one part of the building or confiscated and escheated to the State, unless the
establishment. owner thereof can prove that he has no
participation in nor knowledge of such arson
despite the exercise of due diligence on his part.
2. If substantial amount of flammable
substances or materials are stored within
the building note necessary in the Section 9. Repealing Clause. The provisions of
business of the offender nor for Articles 320 to 326-B of the Revised Penal Code
household us. and all laws, executive orders, rules and
regulations, or parts thereof, inconsistent with
the provisions of this Decree are hereby repealed
3. If gasoline, kerosene, petroleum or
or amended accordingly.
other flammable or combustible
substances or materials soaked therewith
or containers thereof, or any mechanical, Section 10. Effectivity. This Decree shall take
electrical, chemical, or electronic effect immediately upon publication thereof at
contrivance designed to start a fire, or least once in a newspaper of general circulation.
ashes or traces of any of the foregoing
are found in the ruins or premises of the
burned building or property.

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Done in the City of Manila, this 7th day of records of the Bureau of Customs for motor
March, in the year of Our Lord, nineteen vehicles imported into the Philippines, that
hundred and seventy-nine. motor vehicle shall be considered to have a
defaced or tampered with serial number.

"Repainting" is changing the color of a motor

REPUBLIC ACT No. 6539 vehicle by means of painting. There is repainting
whenever the new color of a motor vehicle is
AN ACT PREVENTING AND different from its color as registered in the Land
PENALIZING CARNAPPING Transportation Commission.

Section 1. This Act shall be known and may be "Body-building" is a job undertaken on a motor
cited as the "Anti-Carnapping Act of 1972." vehicle in order to replace its entire body with a
new body.
Section 2. Definition of terms. The terms
"carnapping", "motor vehicle", "defacing or "Remodeling" is the introduction of some
tampering with", "repainting", "body-building", changes in the shape or form of the body of the
"remodeling", "dismantling", and "overhauling", motor vehicle.
as used in this Act, shall be understood,
respectively, to mean "Dismantling" is the tearing apart, piece by
piece or part by part, of a motor vehicle.
"Carnapping" is the taking, with intent to gain,
of a motor vehicle belonging to another without "Overhauling" is the cleaning or repairing of the
the latter's consent, or by means of violence whole engine of a motor vehicle by separating
against or intimidation of persons, or by using the motor engine and its parts from the body of
force upon things. the motor vehicle.

"Motor vehicle" is any vehicle propelled by any Section 3. Registration of motor vehicle engine,
power other than muscular power using the engine block and chassis. Within one year after
public highways, but excepting road rollers, the approval of this Act, every owner or
trolley cars, street-sweepers, sprinklers, lawn possessor of unregistered motor vehicle or parts
mowers, bulldozers, graders, fork-lifts, thereof in knock down condition shall register
amphibian trucks, and cranes if not used on with the Land Transportation Commission the
public highways, vehicles, which run only on motor vehicle engine, engine block and chassis
rails or tracks, and tractors, trailers and traction in his name or in the name of the real owner who
engines of all kinds used exclusively for shall be readily available to answer any claim
agricultural purposes. Trailers having any over the registered motor vehicle engine, engine
number of wheels, when propelled or intended block or chassis. Thereafter, all motor vehicle
to be propelled by attachment to a motor vehicle, engines, engine blocks and chassis not registered
shall be classified as separate motor vehicle with with the Land Transportation Commission shall
no power rating. be considered as untaxed importation or coming
from an illegal source or carnapped, and shall be
"Defacing or tampering with" a serial number is confiscated in favor of the Government.
the erasing, scratching, altering or changing of
the original factory-inscribed serial number on All owners of motor vehicles in all cities and
the motor vehicle engine, engine block or municipalities are required to register their cars
chassis of any motor vehicle. Whenever any with the local police without paying any
motor vehicle is found to have a serial number charges.
on its motor engine, engine block or chassis
which is different from that which is listed in the

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Section 4. Permanent registry of motor vehicle of clearance. Upon presentation of the certificate
engines, engine blocks and chassis. The Land of clearance from the Philippine Constabulary
Transportation Commission shall keep a and after verification of the registration of the
permanent registry of motor vehicle engines, motor vehicle engine, engine block and chassis
engine blocks and chassis of all motor vehicles, in the permanent registry of motor vehicle
specifying therein their type, make and serial engines, engine blocks and chassis, the Land
numbers and stating therein the names and Transportation Commission shall register the
addresses of their present and previous owners. motor vehicle in accordance with existing laws,
Copies of the registry and of all entries made rules and regulations.
thereon shall be furnished the Philippine
Constabulary and all Land Transportation Section 7. Duty of Collector of Customs to
Commission regional, provincial and city branch report arrival of imported motor vehicle,
offices: Provided, That all Land Transportation etc. The Collector of Customs of a principal port
Commission regional, provincial and city branch of entry where an imported motor vehicle, motor
offices are likewise obliged to furnish copies of vehicle engine, engine block chassis or body is
all registration of motor vehicles to the main unloaded, shall, within seven days after the
office and to the Philippine Constabulary. arrival of the imported motor vehicle or any of
its parts enumerated herein, make a report of the
Section 5. Registration of sale, transfer, shipment to the Land Transportation
conveyance, substitution or replacement of a Commission, specifying the make, type and
motor vehicle engine, engine block or chassis. serial numbers, if any, of the motor vehicle
Every sale, transfer, conveyance, substitution or engine, engine block and chassis or body, and
replacement of a motor vehicle engine, engine stating the names and addresses of the owner or
block or chassis of a motor vehicle shall be consignee thereof. If the motor vehicle engine,
registered with the Land Transportation engine block, chassis or body does not bear any
Commission. Motor vehicles assembled and serial number, the Collector of Customs
rebuilt or repaired by replacement with motor concerned shall hold the motor vehicle engine,
vehicle engines, engine blocks and chassis not engine block, chassis or body until it is
registered with the Land Transportation numbered by the Land Transportation
Commission shall not be issued certificates of Commission.
registration and shall be considered as untaxed
imported motor vehicles or motor vehicles Section 8. Duty of importers, distributors and
carnapped or proceeding from illegal sources. sellers of motor vehicles to keep record of
stocks. Any person engaged in the importation,
Section 6. Original Registration of motor distribution, and buying and selling of motor
vehicles. Any person seeking the original vehicles, motor vehicle engines, engine blocks,
registration of a motor vehicle, whether that chassis or body, shall keep a permanent record
motor vehicle is newly assembled or rebuilt or of his stocks, stating therein their type, make and
acquired from a registered owner, shall within serial numbers, and the names and addresses of
one week after the completion of the assembly the persons from whom they were acquired and
or rebuilding job or the acquisition thereof from the names and addresses of the persons to whom
the registered owner, apply to the Philippine they were sold, and shall render an accurate
Constabulary for clearance of the motor vehicle monthly report of his transactions in motor
for registration with the Land Transportation vehicles to the Land Transportation
Commission. The Philippine Constabulary shall, Commission.
upon receipt of the application, verify if the
motor vehicle or its numbered parts are in the Section 9. Duty of manufacturers of engine
list of carnapped motor vehicles or stolen motor blocks, chassis or body to cause numbering of
vehicle parts. If the motor vehicle or any of its engine blocks, chassis or body manufactured.
numbered parts is not in that list, the Philippine Any person engaged in the manufacture of
Constabulary shall forthwith issue a certificate

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engine blocks, chassis or body shall cause the and chassis. It shall be unlawful for any person
numbering of every engine block, chassis or to deface or otherwise tamper with the original
body manufactured in a convenient and or registered serial number of motor vehicle
conspicuous part thereof which the Land engines, engine blocks and chassis.
Transportation Commission may direct for the
purpose of uniformity and identification of the Section 13. Penal Provisions. Any person who
factory and shall submit to the Land violates any provisions of this Act shall be
Transportation Commission a monthly report of punished with imprisonment for not less than
the manufacture and sale of engine blocks, two years nor more than six years and a fine
chassis or body. equal in amount to the acquisition cost of the
motor vehicle, motor vehicle engine or any other
Section 10. Clearance and permit required for part involved in the violation: Provided, That if
assembly or rebuilding of motor vehicles. Any the person violating any provision of this Act is
person who shall undertake to assemble or a juridical person, the penalty herein provided
rebuild or cause the assembly or rebuilding of a shall be imposed on its president or secretary
motor vehicle shall first secure a certificate of and/or members of the board of directors or any
clearance from the Philippine of its officers and employees who may have
Constabulary: Provided, That no such permit directly participated in the violation.
shall be issued unless the applicant shall present
a statement under oath containing the type, make Any government official or employee who
and serial numbers of the engine, chassis and directly commits the unlawful acts defined in
body, if any, and the complete list of the spare this Act or is guilty of gross negligence of duty
parts of the motor vehicle to be assembled or or connives with or permits the commission of
rebuilt together with the names and addresses of any of the said unlawful act shall, in addition to
the sources thereof. the penalty prescribed in the preceding
paragraph, be dismissed from the service with
In the case of motor vehicle engines to be prejudice to his reinstatement and with
mounted on motor boats, motor bancas and other disqualification from voting or being voted for
light water vessels, the applicant shall secure a in any election and from appointment to any
permit from the Philippine Coast Guard, which public office.
office shall in turn furnish the Land
Transportation Commission the pertinent data Section 14. Penalty for Carnapping. Any person
concerning the motor vehicle engines including who is found guilty of carnapping, as this term is
their type, make and serial numbers. defined in Section two of this Act, shall,
irrespective of the value of motor vehicle taken,
Section 11. Clearance required for shipment of be punished by imprisonment for not less than
motor vehicles, motor vehicle engines, engine fourteen years and eight months and not more
blocks, chassis or body. Any person who owns than seventeen years and four months, when the
or operates inter-island shipping or any water carnapping is committed without violence or
transportation with launches, boats, vessels or intimidation of persons, or force upon things;
ships shall within seven days submit a report to and by imprisonment for not less than seventeen
the Philippine Constabulary on all motor years and four months and not more than thirty
vehicle, motor vehicle engines, engine blocks, years, when the carnapping is committed by
chassis or bodies transported by it for the motor means of violence against or intimidation of any
vehicle, motor vehicle engine, engine block, person, or force upon things; and the penalty of
chassis or body to be loaded on board the life imprisonment to death shall be imposed
launch, boat vessel or ship. when the owner, driver or occupant of the
carnapped motor vehicle is killed in the
Section 12. Defacing or tampering with serial commission of the carnapping.
numbers of motor vehicle engines, engine blocks

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Section 15. Aliens. Aliens convicted under the years, when the carnapping is committed by
provisions of this Act shall be deported means of violence against or intimidation of any
immediately after service of sentence without person, or force upon things; and the penalty of
further proceedings by the Deportation Board. reclusion perpetua to death shall be imposed
when the owner, driver or occupant of the
Section 16. Reward. Any person who carnapped motor vehicle is killed or raped in the
voluntarily gives information leading to the course of the commission of the carnapping or
recovery of carnapped vehicles and for the on the occasion thereof." (RA No. 7659)
conviction of the persons charged with
carnapping shall be given as reward so much
reward money as the Philippine Constabulary
may fix. The Philippine Constabulary is Republic Act No. 7610 June 17, 1992
authorized to include in its annual budget the
amount necessary to carry out the purposes of AN ACT PROVIDING FOR STRONGER
this section. Any information given by informers DETERRENCE AND SPECIAL
shall be treated as confidential matter. PROTECTION AGAINST CHILD ABUSE,
EXPLOITATION AND DISCRIMINATION,
Section 17. Separability clause. If any AND FOR OTHER PURPOSES
provisions of this Act is declared invalid, the
provisions thereof not affected by such Be it enacted by the Senate and House of
declaration shall remain in force and effect. Representatives of the Philippines in Congress
assembled:
Section 18. Repealing clause. All laws,
executive orders, rules and regulations, or parts ARTICLE I
thereof, inconsistent with the provisions of this Title, Policy, Principles and Definitions of
Act are hereby repealed or amended Terms
accordingly.
Section 1. Title. This Act shall be known as
Section 19. Effectivity. This Act shall take effect the "Special Protection of Children Against
upon its approval. Abuse, Exploitation and Discrimination Act."
Approved: August 26, 1972 Section 2. Declaration of State Policy and
Principles. It is hereby declared to be the
policy of the State to provide special protection
to children from all firms of abuse, neglect,
Section 20. Sec. 14 of Republic Act No. 6539, cruelty exploitation and discrimination and other
as amended, known as the Anti-Carnapping Act conditions, prejudicial their development;
of 1972, is hereby amended to read as follows: provide sanctions for their commission and carry
out a program for prevention and deterrence of
"Sec. 14. Penalty for Carnapping. - Any person and crisis intervention in situations of child
who is found guilty of carnapping, as this term is abuse, exploitation and discrimination. The State
defined in Section Two of this Act, shall, shall intervene on behalf of the child when the
irrespective of the value of motor vehicle taken, parent, guardian, teacher or person having care
be punished by imprisonment for not less than or custody of the child fails or is unable to
fourteen years and eight months and not more protect the child against abuse, exploitation and
than seventeen years and four months, when the discrimination or when such acts against the
carnapping is committed without violence or child are committed by the said parent, guardian,
intimidation of persons, or force upon things; teacher or person having care and custody of the
and by imprisonment for not less than seventeen same.
years and four months and not more than thirty

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It shall be the policy of the State to protect and of children" include, but are not limited to, the
rehabilitate children gravely threatened or following;
endangered by circumstances which affect or
will affect their survival and normal (1) Being in a community where there is armed
development and over which they have no conflict or being affected by armed conflict-
control. related activities;

The best interests of children shall be the (2) Working under conditions hazardous to life,
paramount consideration in all actions safety and normal which unduly interfere with
concerning them, whether undertaken by public their normal development;
or private social welfare institutions, courts of
law, administrative authorities, and legislative (3) Living in or fending for themselves in the
bodies, consistent with the principle of First Call streets of urban or rural areas without the care of
for Children as enunciated in the United Nations parents or a guardian or basic services needed
Convention of the Rights of the Child. Every for a good quality of life;
effort shall be exerted to promote the welfare of
children and enhance their opportunities for a (4) Being a member of a indigenous cultural
useful and happy life. community and/or living under conditions of
extreme poverty or in an area which is
Section 3. Definition of Terms. underdeveloped and/or lacks or has inadequate
access to basic services needed for a good
(a) "Children" refers to person below eighteen quality of life;
(18) years of age or those over but are unable to
fully take care of themselves or protect (5) Being a victim of a man-made or natural
themselves from abuse, neglect, cruelty, disaster or calamity; or
exploitation or discrimination because of a
physical or mental disability or condition; (6) Circumstances analogous to those
abovestated which endanger the life, safety or
(b) "Child abuse" refers to the maltreatment, normal development of children.
whether habitual or not, of the child which
includes any of the following: (d) "Comprehensive program against child
abuse, exploitation and discrimination" refers to
(1) Psychological and physical abuse, neglect, the coordinated program of services and
cruelty, sexual abuse and emotional facilities to protected children against:
maltreatment;
(1) Child Prostitution and other sexual abuse;
(2) Any act by deeds or words which debases,
degrades or demeans the intrinsic worth and (2) Child trafficking;
dignity of a child as a human being;
(3) Obscene publications and indecent shows;
(3) Unreasonable deprivation of his basic needs
for survival, such as food and shelter; or (4) Other acts of abuses; and
(4) Failure to immediately give medical (5) Circumstances which threaten or endanger
treatment to an injured child resulting in serious the survival and normal development of
impairment of his growth and development or in children.
his permanent incapacity or death.

(c) "Circumstances which gravely threaten or

endanger the survival and normal development

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ARTICLE II (5) Giving monetary consideration goods or
Program on Child Abuse, Exploitation and other pecuniary benefit to a child with intent to
Discrimination engage such child in prostitution.

Section 4. Formulation of the Program. (b) Those who commit the act of sexual
There shall be a comprehensive program to be intercourse of lascivious conduct with a child
formulated, by the Department of Justice and the exploited in prostitution or subject to other
Department of Social Welfare and Development sexual abuse; Provided, That when the victims is
in coordination with other government agencies under twelve (12) years of age, the perpetrators
and private sector concerned, within one (1) year shall be prosecuted under Article 335, paragraph
from the effectivity of this Act, to protect 3, for rape and Article 336 of Act No. 3815, as
children against child prostitution and other amended, the Revised Penal Code, for rape or
sexual abuse; child trafficking, obscene lascivious conduct, as the case may be:
publications and indecent shows; other acts of Provided, That the penalty for lascivious
abuse; and circumstances which endanger child conduct when the victim is under twelve (12)
survival and normal development. years of age shall be reclusion temporal in its
medium period; and
ARTICLE III
Child Prostitution and Other Sexual Abuse (c) Those who derive profit or advantage
therefrom, whether as manager or owner of the
Section 5. Child Prostitution and Other Sexual establishment where the prostitution takes place,
Abuse. Children, whether male or female, who or of the sauna, disco, bar, resort, place of
for money, profit, or any other consideration or entertainment or establishment serving as a
due to the coercion or influence of any adult, cover or which engages in prostitution in
syndicate or group, indulge in sexual intercourse addition to the activity for which the license has
or lascivious conduct, are deemed to be children been issued to said establishment.
exploited in prostitution and other sexual abuse.
Section 6. Attempt To Commit Child
The penalty of reclusion temporal in its medium Prostitution. There is an attempt to commit
period to reclusion perpetua shall be imposed child prostitution under Section 5, paragraph (a)
upon the following: hereof when any person who, not being a
relative of a child, is found alone with the said
(a) Those who engage in or promote, facilitate or child inside the room or cubicle of a house, an
induce child prostitution which include, but are inn, hotel, motel, pension house, apartelle or
not limited to, the following: other similar establishments, vessel, vehicle or
any other hidden or secluded area under
(1) Acting as a procurer of a child prostitute; circumstances which would lead a reasonable
person to believe that the child is about to be
(2) Inducing a person to be a client of a child exploited in prostitution and other sexual abuse.
prostitute by means of written or oral
advertisements or other similar means; There is also an attempt to commit child
prostitution, under paragraph (b) of Section 5
(3) Taking advantage of influence or hereof when any person is receiving services
relationship to procure a child as prostitute; from a child in a sauna parlor or bath, massage
clinic, health club and other similar
establishments. A penalty lower by two (2)
(4) Threatening or using violence towards a
degrees than that prescribed for the
child to engage him as a prostitute; or
consummated felony under Section 5 hereof
shall be imposed upon the principals of the
attempt to commit the crime of child prostitution

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under this Act, or, in the proper case, under the ARTICLE V
Revised Penal Code. Obscene Publications and Indecent Shows

ARTICLE IV Section 9. Obscene Publications and Indecent

Child Trafficking Shows. Any person who shall hire, employ,
use, persuade, induce or coerce a child to
Section 7. Child Trafficking. Any person who perform in obscene exhibitions and indecent
shall engage in trading and dealing with children shows, whether live or in video, or model in
including, but not limited to, the act of buying obscene publications or pornographic materials
and selling of a child for money, or for any other or to sell or distribute the said materials shall
consideration, or barter, shall suffer the penalty suffer the penalty of prision mayor in its
of reclusion temporal to reclusion perpetua. The medium period.
penalty shall be imposed in its maximum period
when the victim is under twelve (12) years of If the child used as a performer, subject or
age. seller/distributor is below twelve (12) years of
age, the penalty shall be imposed in its
Section 8. Attempt to Commit Child maximum period.
Trafficking. There is an attempt to commit
child trafficking under Section 7 of this Any ascendant, guardian, or person entrusted in
Act:1awphi1@alf any capacity with the care of a child who shall
cause and/or allow such child to be employed or
(a) When a child travels alone to a foreign to participate in an obscene play, scene, act,
country without valid reason therefor and movie or show or in any other acts covered by
without clearance issued by the Department of this section shall suffer the penalty of prision
Social Welfare and Development or written mayor in its medium period.
permit or justification from the child's parents or
legal guardian; ARTICLE VI
Other Acts of Abuse
(c) When a person, agency, establishment or
child-caring institution recruits women or Section 10. Other Acts of Neglect, Abuse,
couples to bear children for the purpose of child Cruelty or Exploitation and Other Conditions
trafficking; or Prejudicial to the Child's Development.

(d) When a doctor, hospital or clinic official or (a) Any person who shall commit any other acts
employee, nurse, midwife, local civil registrar or of child abuse, cruelty or exploitation or to be
any other person simulates birth for the purpose responsible for other conditions prejudicial to
of child trafficking; or the child's development including those covered
by Article 59 of Presidential Decree No. 603, as
(e) When a person engages in the act of finding amended, but not covered by the Revised Penal
children among low-income families, hospitals, Code, as amended, shall suffer the penalty of
clinics, nurseries, day-care centers, or other prision mayor in its minimum period.
child-during institutions who can be offered for
the purpose of child trafficking. (b) Any person who shall keep or have in his
company a minor, twelve (12) years or under or
A penalty lower two (2) degrees than that who in ten (10) years or more his junior in any
prescribed for the consummated felony under public or private place, hotel, motel, beer joint,
Section 7 hereof shall be imposed upon the discotheque, cabaret, pension house, sauna or
principals of the attempt to commit child massage parlor, beach and/or other tourist resort
trafficking under this Act. or similar places shall suffer the penalty of
prision mayor in its maximum period and a fine

Page | 9
of not less than Fifty thousand pesos (P50,000): Penal Code, for the crimes of murder, homicide,
Provided, That this provision shall not apply to other intentional mutilation, and serious physical
any person who is related within the fourth injuries, respectively, shall be reclusion perpetua
degree of consanguinity or affinity or any bond when the victim is under twelve (12) years of
recognized by law, local custom and tradition or age. The penalty for the commission of acts
acts in the performance of a social, moral or punishable under Article 337, 339, 340 and 341
legal duty. of Act No. 3815, as amended, the Revised Penal
Code, for the crimes of qualified seduction, acts
(c) Any person who shall induce, deliver or offer of lasciviousness with the consent of the
a minor to any one prohibited by this Act to offended party, corruption of minors, and white
keep or have in his company a minor as slave trade, respectively, shall be one (1) degree
provided in the preceding paragraph shall suffer higher than that imposed by law when the victim
the penalty of prision mayor in its medium is under twelve (12) years age.
period and a fine of not less than Forty thousand
pesos (P40,000); Provided, however, That The victim of the acts committed under this
should the perpetrator be an ascendant, section shall be entrusted to the care of the
stepparent or guardian of the minor, the penalty Department of Social Welfare and Development.
to be imposed shall be prision mayor in its
maximum period, a fine of not less than Fifty ARTICLE VII
thousand pesos (P50,000), and the loss of Sanctions for Establishments or Enterprises
parental authority over the minor.
Section 11. Sanctions of Establishments or
(d) Any person, owner, manager or one Enterprises which Promote, Facilitate, or
entrusted with the operation of any public or Conduct Activities Constituting Child
private place of accommodation, whether for Prostitution and Other Sexual Abuse, Child
occupancy, food, drink or otherwise, including Trafficking, Obscene Publications and
residential places, who allows any person to take Indecent Shows, and Other Acts of Abuse.
along with him to such place or places any All establishments and enterprises which
minor herein described shall be imposed a promote or facilitate child prostitution and other
penalty of prision mayor in its medium period sexual abuse, child trafficking, obscene
and a fine of not less than Fifty thousand pesos publications and indecent shows, and other acts
(P50,000), and the loss of the license to operate of abuse shall be immediately closed and their
such a place or establishment. authority or license to operate cancelled, without
prejudice to the owner or manager thereof being
(e) Any person who shall use, coerce, force or prosecuted under this Act and/or the Revised
intimidate a street child or any other child to; Penal Code, as amended, or special laws. A sign
with the words "off limits" shall be
(1) Beg or use begging as a means of living; conspicuously displayed outside the
establishments or enterprises by the Department
(2) Act as conduit or middlemen in drug of Social Welfare and Development for such
trafficking or pushing; or period which shall not be less than one (1) year,
as the Department may determine. The
(3) Conduct any illegal activities, shall suffer the unauthorized removal of such sign shall be
penalty of prision correccional in its medium punishable by prision correccional.
period to reclusion perpetua.
An establishment shall be deemed to promote or
For purposes of this Act, the penalty for the facilitate child prostitution and other sexual
commission of acts punishable under Articles abuse, child trafficking, obscene publications
248, 249, 262, paragraph 2, and 263, paragraph and indecent shows, and other acts of abuse if
1 of Act No. 3815, as amended, the Revised the acts constituting the same occur in the

Page | 10
premises of said establishment under this Act or remuneration, and the duration and arrangement
in violation of the Revised Penal Code, as of working time; and;
amended. An enterprise such as a sauna, travel
agency, or recruitment agency which: promotes (c) The employer shall formulate and
the aforementioned acts as part of a tour for implement, subject to the approval and
foreign tourists; exhibits children in a lewd or supervision of competent authorities, a
indecent show; provides child masseurs for continuing program for training and skill
adults of the same or opposite sex and said acquisition of the child.
services include any lascivious conduct with the
customers; or solicits children or activities In the above exceptional cases where any such
constituting the aforementioned acts shall be child may be employed, the employer shall first
deemed to have committed the acts penalized secure, before engaging such child, a work
herein. permit from the Department of Labor and
Employment which shall ensure observance of
ARTICLE VIII the above requirement.
Working Children
The Department of Labor Employment shall
Section 12. Employment of Children. promulgate rules and regulations necessary for
Children below fifteen (15) years of age may be the effective implementation of this Section.
employed except:
Section 13. Non-formal Education for Working
(1) When a child works directly under the sole Children. The Department of Education,
responsibility of his parents or legal guardian Culture and Sports shall promulgate a course
and where only members of the employer's design under its non-formal education program
family are employed: Provided, however, That aimed at promoting the intellectual, moral and
his employment neither endangers his life, safety vocational efficiency of working children who
and health and morals, nor impairs his normal have not undergone or finished elementary or
development: Provided, further, That the parent secondary education. Such course design shall
or legal guardian shall provide the said minor integrate the learning process deemed most
child with the prescribed primary and/or effective under given circumstances.
secondary education; or
Section 14. Prohibition on the Employment of
(2) When a child's employment or participation Children in Certain Advertisements. No
in public & entertainment or information person shall employ child models in all
through cinema, theater, radio or television is commercials or advertisements promoting
essential: Provided, The employment contract alcoholic beverages, intoxicating drinks, tobacco
concluded by the child's parent or guardian, with and its by products and violence.
the express agreement of the child concerned, if
possible, and the approval of the Department of Section 15. Duty of Employer. Every
Labor and Employment: Provided, That the employer shall comply with the duties provided
following requirements in all instances are for in Articles 108 and 109 of Presidential
strictly complied with: Decree No. 603.

(a) The employer shall ensure the protection, Section 16. Penalties. Any person who shall
health, safety and morals of the child; violate any provision of this Article shall suffer
the penalty of a fine of not less than One
(b) the employer shall institute measures to thousand pesos (P1,000) but not more than Ten
prevent the child's exploitation or discrimination thousand pesos (P10,000) or imprisonment of
taking into account the system and level of not less than three (3) months but not more than
three (3) years, or both at the discretion of the

Page | 11
court; Provided, That, in case of repeated (P5,000) more than Ten thousand pesos
violations of the provisions of this Article, the (P10,000).
offender's license to operate shall be revoked.
Section 21. Participation. Indigenous cultural
ARTICLE IX communities, through their duly-designated or
Children of Indigenous Cultural appointed representatives shall be involved in
Communities planning, decision-making implementation, and
evaluation of all government programs affecting
Section 17. Survival, Protection and children of indigenous cultural communities.
Development. In addition to the rights Indigenous institution shall also be recognized
guaranteed to children under this Act and other and respected.
existing laws, children of indigenous cultural
communities shall be entitled to protection, ARTICLE X
survival and development consistent with the Children in Situations of Armed Conflict
customs and traditions of their respective
communities. Section 22. Children as Zones of Peace.
Children are hereby declared as Zones of Peace.
Section 18. System of and Access to It shall be the responsibility of the State and all
Education. The Department of Education, other sectors concerned to resolve armed
Culture and Sports shall develop and institute an conflicts in order to promote the goal of children
alternative system of education for children of as zones of peace. To attain this objective, the
indigenous cultural communities which culture- following policies shall be observed.
specific and relevant to the needs of and the
existing situation in their communities. The (a) Children shall not be the object of attack and
Department of Education, Culture and Sports shall be entitled to special respect. They shall be
shall also accredit and support non-formal but protected from any form of threat, assault,
functional indigenous educational programs torture or other cruel, inhumane or degrading
conducted by non-government organizations in treatment;
said communities.
(b) Children shall not be recruited to become
Section 19. Health and Nutrition. The members of the Armed Forces of the Philippines
delivery of basic social services in health and of its civilian units or other armed groups, nor be
nutrition to children of indigenous cultural allowed to take part in the fighting, or used as
communities shall be given priority by all guides, couriers, or spies;
government agencies concerned. Hospitals and
other health institution shall ensure that children (c) Delivery of basic social services such as
of indigenous cultural communities are given education, primary health and emergency relief
equal attention. In the provision of health and services shall be kept unhampered;
nutrition services to children of indigenous
cultural communities, indigenous health (d) The safety and protection of those who
practices shall be respected and recognized. provide services including those involved in
fact-finding missions from both government and
Section 20. Discrimination. Children of non-government institutions shall be ensured.
indigenous cultural communities shall not be They shall not be subjected to undue harassment
subjected to any and all forms of discrimination. in the performance of their work;

Any person who discriminate against children of (e) Public infrastructure such as schools,
indigenous cultural communities shall suffer a hospitals and rural health units shall not be
penalty of arresto mayor in its maximum period utilized for military purposes such as command
and a fine of not less than Five thousand pesos

Page | 12
posts, barracks, detachments, and supply depots; If after hearing the evidence in the proper
and proceedings the court should find that the
aforesaid child committed the acts charged
(f) All appropriate steps shall be taken to against him, the court shall determine the
facilitate the reunion of families temporarily imposable penalty, including any civil liability
separated due to armed conflict. chargeable against him. However, instead of
pronouncing judgment of conviction, the court
Section 23. Evacuation of Children During shall suspend all further proceedings and shall
Armed Conflict. Children shall be given commit such child to the custody or care of the
priority during evacuation as a result of armed Department of Social Welfare and Development
conflict. Existing community organizations shall or to any training institution operated by the
be tapped to look after the safety and well-being Government, or duly-licensed agencies or any
of children during evacuation operations. other responsible person, until he has had
Measures shall be taken to ensure that children reached eighteen (18) years of age or, for a
evacuated are accompanied by persons shorter period as the court may deem proper,
responsible for their safety and well-being. after considering the reports and
recommendations of the Department of Social
Section 24. Family Life and Temporary Welfare and Development or the agency or
Shelter. Whenever possible, members of the responsible individual under whose care he has
same family shall be housed in the same been committed.
premises and given separate accommodation
from other evacuees and provided with facilities The aforesaid child shall subject to visitation and
to lead a normal family life. In places of supervision by a representative of the
temporary shelter, expectant and nursing Department of Social Welfare and Development
mothers and children shall be given additional or any duly-licensed agency or such other officer
food in proportion to their physiological needs. as the court may designate subject to such
Whenever feasible, children shall be given conditions as it may prescribe.
opportunities for physical exercise, sports and
outdoor games. The aforesaid child whose sentence is suspended
can appeal from the order of the court in the
Section 25. Rights of Children Arrested for same manner as appeals in criminal cases.
Reasons Related to Armed Conflict. Any
child who has been arrested for reasons related Section 26. Monitoring and Reporting of
to armed conflict, either as combatant, courier, Children in Situations of Armed Conflict.
guide or spy is entitled to the following rights; The chairman of the barangay affected by the
armed conflict shall submit the names of
(a) Separate detention from adults except where children residing in said barangay to the
families are accommodated as family units; municipal social welfare and development
officer within twenty-four (24) hours from the
(b) Immediate free legal assistance; occurrence of the armed conflict.

(c) Immediate notice of such arrest to the parents ARTICLE XI

or guardians of the child; and Remedial Procedures

(d) Release of the child on recognizance within Section 27. Who May File a Complaint.
twenty-four (24) hours to the custody of the Complaints on cases of unlawful acts committed
Department of Social Welfare and Development against the children as enumerated herein may
or any responsible member of the community as be filed by the following:
determined by the court.
(a) Offended party;

Page | 13
(b) Parents or guardians; Any provision of existing law to the contrary
notwithstanding and with the exception of
(c) Ascendant or collateral relative within the habeas corpus, election cases, and cases
third degree of consanguinity;1awphi1@ITC involving detention prisoners and persons
covered by Republic Act No. 4908, all courts
(d) Officer, social worker or representative of a shall give preference to the hearing or
licensed child-caring institution; disposition of cases involving violations of this
Act.
(e) Officer or social worker of the Department of
Social Welfare and Development; ARTICLE XII
Common Penal Provisions
(f) Barangay chairman; or
Section 31. Common Penal Provisions.
(g) At least three (3) concerned responsible
citizens where the violation occurred. (a) The penalty provided under this Act shall be
imposed in its maximum period if the offender
Section 28. Protective Custody of the Child. has been previously convicted under this Act;
The offended party shall be immediately placed
under the protective custody of the Department (b) When the offender is a corporation,
of Social Welfare and Development pursuant to partnership or association, the officer or
Executive Order No. 56, series of 1986. In the employee thereof who is responsible for the
regular performance of this function, the officer violation of this Act shall suffer the penalty
of the Department of Social Welfare and imposed in its maximum period;
Development shall be free from any
administrative, civil or criminal liability. (c) The penalty provided herein shall be imposed
Custody proceedings shall be in accordance with in its maximum period when the perpetrator is
the provisions of Presidential Decree No. 603. an ascendant, parent guardian, stepparent or
collateral relative within the second degree of
Section 29. Confidentiality. At the instance of consanguinity or affinity, or a manager or owner
the offended party, his name may be withheld of an establishment which has no license to
from the public until the court acquires operate or its license has expired or has been
jurisdiction over the case. revoked;

It shall be unlawful for any editor, publisher, and (d) When the offender is a foreigner, he shall be
reporter or columnist in case of printed deported immediately after service of sentence
materials, announcer or producer in case of and forever barred from entry to the country;
television and radio broadcasting, producer and
director of the film in case of the movie (e) The penalty provided for in this Act shall be
industry, to cause undue and sensationalized imposed in its maximum period if the offender is
publicity of any case of violation of this Act a public officer or employee: Provided,
which results in the moral degradation and however, That if the penalty imposed is
suffering of the offended party. reclusion perpetua or reclusion temporal, then
the penalty of perpetual or temporary absolute
Section 30. Special Court Proceedings. Cases disqualification shall also be imposed: Provided,
involving violations of this Act shall be heard in finally, That if the penalty imposed is prision
the chambers of the judge of the Regional Trial correccional or arresto mayor, the penalty of
Court duly designated as Juvenile and Domestic suspension shall also be imposed; and
Court.
(f) A fine to be determined by the court shall be
imposed and administered as a cash fund by the

Page | 14
Department of Social Welfare and Development Republic Act No. 9231
and disbursed for the rehabilitation of each child
victim, or any immediate member of his family December 19, 2003
if the latter is the perpetrator of the offense.
AN ACT PROVIDING FOR THE
ARTICLE XIII ELIMINATION OF THE WORST FORMS
Final Provisions OF CHILD LABOR AND AFFORDING
STRONGER PROTECTION FOR THE
Section 32. Rules and Regulations. Unless WORKING CHILD, AMENDING FOR
otherwise provided in this Act, the Department THIS PURPOSE REPUBLIC ACTNO. 7610,
of Justice, in coordination with the Department AS AMENDED, OTHERWISE KNOWN AS
of Social Welfare and Development, shall THE "SPECIAL PROTECTION OF
promulgate rules and regulations of the effective CHILDREN AGAINST CHILD ABUSE,
implementation of this Act. EXPLOITATION AND DISCRIMINATION
ACT"
Such rules and regulations shall take effect upon
their publication in two (2) national newspapers Be it enacted by the Senate and the House of
of general circulation. Representatives of the Philippines in Congress
assembled:
Section 33. Appropriations. The amount
necessary to carry out the provisions of this Act Section 1. Section 2 of Republic Act No. 7610,
is hereby authorized to be appropriated in the as amended, otherwise known as the "Special
General Appropriations Act of the year Protection of Children Against Child Abuse,
following its enactment into law and thereafter. Exploitation and Discrimination Act", is hereby
amended to read as follows:
Section 34. Separability Clause. If any
provision of this Act is declared invalid or "Sec. 2. Declaration of State Policy and
unconstitutional, the remaining provisions not Principles. - It is hereby declared to be the
affected thereby shall continue in full force and policy of the State to provide special protection
effect. to children from all forms of abuse, neglect,
cruelty, exploitation and discrimination, and
Section 35. Repealing Clause. All laws, other conditions prejudicial to their development
decrees, or rules inconsistent with the provisions including child labor and its worst forms;
of this Acts are hereby repealed or modified provide sanctions for their commission and carry
accordingly. out a program for prevention and deterrence of
and crisis intervention in situations of child
Section 36. Effectivity Clause. This Act shall abuse, exploitation and discrimination. The State
take effect upon completion of its publication in shall intervene on behalf of the child when the
at least two (2) national newspapers of general parent, guardian, teacher or person having care
circulation. or custody of the child fails or is unable to
protect the child against abuse, exploitation and
Approved: June 17, 1992. discrimination or when such acts against the
child are committed by the said parent, guardian,
teacher or person having care and custody of the
same.

"It shall be the policy of the State to protect and

rehabilitate children gravely threatened or
endangered by circumstances which affect or
will affect their survival and normal

Page | 15
development and over which they have no "(b) The employer shall institute measures to
control. prevent the child's exploitation or discrimination
taking into account the system and level of
"The best interests of children shall be the remuneration, and the duration and arrangement
paramount consideration in all actions of working time; and
concerning them, whether undertaken by public
or private social welfare institutions, courts of "(c) The employer shall formulate and
law, administrative authorities, and legislative implement, subject to the approval and
bodies, consistent with the principle of First Call supervision of competent authorities, a
for Children as enunciated in the United Nations continuing program for training and skills
Convention on the Rights of the Child. Every acquisition of the child.
effort shall be exerted to promote the welfare of
children and enhance their opportunities for a "In the above-exceptional cases where any such
useful and happy life." child may be employed, the employer shall first
secure, before engaging such child, a work
Section 2. Section 12 of the same Act, as permit from the Department of Labor and
amended, is hereby further amended to read as Employment which shall ensure observance of
follows: the above requirements.

"Sec. 2. Employment of Children - Children "For purposes of this Article, the term "child"
below fifteen (15) years of age shall not be shall apply to all persons under eighteen (18)
employed except: years of age."

"1) When a child works directly under the sole Section 3. The same Act, as amended, is hereby
responsibility of his/her parents or legal further amended by adding new sections to be
guardian and where only members of his/her denominated as Sections 12-A, 12-B, 12-C, and
family are employed: Provided, however, That 12-D to read as follows:
his/her employment neither endangers his/her
life, safety, health, and morals, nor impairs "Sec. 2-A. Hours of Work of a Working Child. -
his/her normal development: Provided, further, Under the exceptions provided in Section 12 of
That the parent or legal guardian shall provide this Act, as amended:
the said child with the prescribed primary and/or
secondary education; or "(1) A child below fifteen (15) years of age may
be allowed to work for not more than twenty
"2) Where a child's employment or participation (20) hours a week: Provided, That the work shall
in public entertainment or information through not be more than four (4) hours at any given
cinema, theater, radio, television or other forms day;
of media is essential: Provided, That the
employment contract is concluded by the child's "(2) A child fifteen (15) years of age but below
parents or legal guardian, with the express eighteen (18) shall not be allowed to work for
agreement of the child concerned, if possible, more than eight (8) hours a day, and in no case
and the approval of the Department of Labor and beyond forty (40) hours a week;
Employment: Provided, further, That the
following requirements in all instances are "(3) No child below fifteen (15) years of age
strictly complied with: shall be allowed to work between eight o'clock
in the evening and six o'clock in the morning of
"(a) The employer shall ensure the protection, the following day and no child fifteen (15) years
health, safety, morals and normal development of age but below eighteen (18) shall be allowed
of the child; to work between ten o'clock in the evening and
six o'clock in the morning of the following day."

Page | 16
"Sec. 12-B. Ownership, Usage and pornography or for pornographic performances;
Administration of the Working Child's Income. - or
The wages, salaries, earnings and other income
of the working child shall belong to him/her in "(3) The use, procuring or offering of a child for
ownership and shall be set aside primarily for illegal or illicit activities, including the
his/her support, education or skills acquisition production and trafficking of dangerous drugs
and secondarily to the collective needs of the and volatile substances prohibited under existing
family: Provided, That not more than twenty laws; or
percent (20%) of the child's income may be used
for the collective needs of the family. "(4) Work which, by its nature or the
circumstances in which it is carried out, is
"The income of the working child and/or the hazardous or likely to be harmful to the health,
property acquired through the work of the child safety or morals of children, such that it:
shall be administered by both parents. In the
absence or incapacity of either of the parents, the "a) Debases, degrades or demeans the intrinsic
other parent shall administer the same. In case worth and dignity of a child as a human being;
both parents are absent or incapacitated, the or
order of preference on parental authority as
provided for under the Family Code shall apply. "b) Exposes the child to physical, emotional or
sexual abuse, or is found to be highly stressful
"Sec. 12-C. Trust Fund to Preserve Part of the psychologically or may prejudice morals; or
Working Child's Income. - The parent or legal
guardian of a working child below eighteen (18) "c) Is performed underground, underwater or at
years of age shall set up a trust fund for at least dangerous heights; or
thirty percent (30%) of the earnings of the child
whose wages and salaries from work and other "d) Involves the use of dangerous machinery,
income amount to at least two hundred thousand equipment and tools such as power-driven or
pesos (P200,000.00) annually, for which he/she explosive power-actuated tools; or
shall render a semi-annual accounting of the
fund to the Department of Labor and
"e) Exposes the child to physical danger such as,
Employment, in compliance with the provisions
but not limited to the dangerous feats of
of this Act. The child shall have full control over
balancing, physical strength or contortion, or
the trust fund upon reaching the age of majority.
which requires the manual transport of heavy
loads; or
"Sec. 12-D. Prohibition Against Worst Forms of
Child Labor. - No child shall be engaged in the
"f) Is performed in an unhealthy environment
worst forms of child labor. The phrase "worst
exposing the child to hazardous working
forms of child labor" shall refer to any of the
conditions, elements, substances, co-agents or
following:
processes involving ionizing, radiation, fire,
flammable substances, noxious components and
"(1) All forms of slavery, as defined under the the like, or to extreme temperatures, noise
"Anti-trafficking in Persons Act of 2003", or levels, or vibrations; or
practices similar to slavery such as sale and
trafficking of children, debt bondage and
"g) Is performed under particularly difficult
serfdom and forced or compulsory labor,
conditions; or
including recruitment of children for use in
armed conflict; or
"h) Exposes the child to biological agents such
as bacteria, fungi, viruses, protozoans,
"(2) The use, procuring, offering or exposing of
nematodes and other parasites; or
a child for prostitution, for the production of

Page | 17
"i) Involves the manufacture or handling of "Sec. 16. Penal Provisions -
explosives and other pyrotechnic products."
"a) Any employer who violates Sections 12, 12-
Section 4. Section 13 of the same Act is hereby A, and Section 14 of this act, as amended, shall
amended to read as follows: be penalized by imprisonment of six (6) months
and one (1) day to six (6) years or a fine of not
"Sec. 13. Access to Education and Training for less than Fifty thousand pesos (P50,000.00) but
Working Children - "a) No child shall be not more than Three hundred thousand pesos
deprived of formal or non-formal education. In (P300,000.00) or both at the discretion of the
all cases of employment allowed in this Act, the court.
employer shall provide a working child with
access to at least primary and secondary "b) Any person who violates the provision of
education. Section 12-D of this act or the employer of the
subcontractor who employs, or the one who
"b) To ensure and guarantee the access of the facilitates the employment of a child in
working child to education and training, the hazardous work, shall suffer the penalty of a fine
Department of Education (DEPED) shall: (1) of not less than One hundred thousand pesos
formulate, promulgate, and implement relevant (P100,000.00) but not more than One million
and effective course designs and educational pesos (P1,000,000.00), or imprisonment of not
programs; (2) conduct the necessary training for less than twelve (12) years and one (1) day to
the implementation of the appropriate twenty (20) years, or both such fine and
curriculum for the purpose; (3) ensure the imprisonment at the discretion of the court.
availability of the needed educational facilities
and materials; and (4) conduct continuing "c) Any person who violates Sections 12-D(1)
research and development program for the and 12-D(2) shall be prosecuted and penalized in
necessary and relevant alternative education of accordance with the penalty provided for by R.
the working child. A. 9208 otherwise known as the "Anti-
trafficking in Persons Act of
"c) The DEPED shall promulgate a course 2003": Provided, That Such penalty shall be
design under its non-formal education program imposed in its maximum period.
aimed at promoting the intellectual, moral and
vocational efficiency of working children who "d) Any person who violates Section 12-D (3)
have not undergone or finished elementary or shall be prosecuted and penalized in accordance
secondary education. Such course design shall with R.A. 9165, otherwise known as the
integrate the learning process deemed most "Comprehensive Dangerous Drugs Act of
effective under given circumstances." 2002"; Provided, That such penalty shall be
imposed in its maximum period.
Section 5. Section 14 of the same Act is hereby
amended to read as follows: "e) If a corporation commits any of the
violations aforecited, the board of
"Sec. 14. Prohibition on the Employment of directors/trustees and officers, which include the
Children in Certain Advertisements. - No child president, treasurer and secretary of the said
shall be employed as a model in any corporation who participated in or knowingly
advertisement directly or indirectly promoting allowed the violation, shall be penalized
alcoholic beverages, intoxicating drinks, tobacco accordingly as provided for under this Section.
and its byproducts, gambling or any form of
violence or pornography." "f) Parents, biological or by legal fiction, and
legal guardians found to be violating Sections
Section 6. Section 16 of the same Act, is hereby 12, 12-A, 12-B and 12-C of this Act shall pay a
amended to read as follows: fine of not less than Ten thousand pesos

Page | 18
(P10,000.00) but not more than One hundred the costs of rehabilitation and reintegration into
thousand pesos (P100,000.00), or be required to the mainstream of society of the working
render community service for not less than thirty children who are victims of the violations of this
(30) days but not more than one (1) year, or both Act, and for the programs and projects that will
such fine and community service at the prevent acts of child labor."
discretion of the court: Provided, That the
maximum length of community service shall be Section 8. Section 27 of the same Act is hereby
imposed on parents or legal guardians who have amended to read as follows:
violated the provisions of this Act three (3)
times; Provided, further, That in addition to the "Sec. 27. Who May File a Complaint -
community service, the penalty of imprisonment Complaints on cases of unlawful acts committed
of thirty (30) days but not more than one (1) against children as enumerated herein may be
year or both at the discretion of the court, shall filed by the following:
be imposed on the parents or legal guardians
who have violated the provisions of this Act "(a) Offended party;
more than three (3) times.
"(b) Parents or guardians;
"g) The Secretary, of Labor and Employment or
his/her duly authorized representative may, after "(c) Ascendant or collateral relative within the
due notice and hearing, order the closure of any third degree of consanguinity;
business firm or establishment found to have
violated any of the provisions of this Act more
"(d) Officer, social worker or representative of a
than three (3) times. He/she shall likewise order
licensed child-caring institution;
the immediate closure of such firm or
establishment if:
"(e) Officer or social worker of the Department
of Social Welfare and Development;
"(1) The violation of any provision of this Act
has resulted in the death, insanity or serious
physical injury of a child employed in such "(f) Barangay chairman of the place where the
establishment; or violation occurred, where the child is residing or
employed; or
"(2) Such firm or establishment is engaged or
employed in prostitution or in obscene or lewd "(g) At least three (3) concerned, responsible
shows. citizens where the violation occurred."

"h) In case of such closure, the employer shall Section 9. The same Act is hereby further
be required to pay the employee(s) the amended by adding new sections to Section 16
separation pay and other monetary benefits to be denominated as Sections 16-A, 16-B and
provided for by law." 16-C to read as follows:

Section 7. The same Act is hereby further "Sec. 16-A. Jurisdiction - The family courts
amended by adding a new section to be shall have original jurisdiction over all cases
denominated as Section 16-A, to read as involving offenses punishable under this
follows: Act: Provided, That in cities or provinces where
there are no family courts yet, the regional trial
courts and the municipal trial courts shall have
"Sec. 16-A. Trust Fund from Fines and
concurrent jurisdiction depending on the
Penalties - The fine imposed by the court shall
penalties prescribed for the offense charged.
be treated as a Trust Fund, administered by the
Department of Labor and Employment and
disbursed exclusively for the needs, including

Page | 19
"The preliminary investigation of cases filed Section 12. Repealing Clause. - All laws,
under this Act shall be terminated within a decrees, or rules inconsistent with the provisions
period of thirty (30) days from the date of filing. of this Act are hereby repealed or modified
accordingly.
"If the preliminary investigation establishes
a prima facie case, then the corresponding Section 13. Effectivity. - This Act shall take
information shall be filed in court within forty effect fifteen (15) days from the date of its
eight (48) hours from the termination of the complete publication in the Official Gazette or in
investigation. at least two (2) national newspapers of general
circulation.
"Trial of cases under this Act shall be terminated
by the court not later than ninety (90) days from
the date of filing of information. Decision on
said cases shall be rendered within a period of Republic Act No. 9775
fifteen (15) days from the date of submission of
the case. AN ACT DEFINING THE CRIME OF
CHILD PORNOGRAPHY, PRESCRIBING
"Sec. 15. Exemptions from Filing Fees. - When PENALTIES THEREFOR AND FOR
the victim of child labor institutes a separate OTHER PURPOSES
civil action for the recovery of civil damages,
he/she shall be exempt from payment of filing Be it enacted by the Senate and House of
fees. Representatives of the Philippines in Congress
assembled:
"Sec. 16-C. Access to Immediate Legal, Medical
and Psycho-Social Services - The working child Section 1. Short Title. - This Act shall be known
shall have the right to free legal, medical and as the "Anti-Child Pornography Act of 2009."
psycho-social services to be provided by the
State."
Section 2. Declaration of Policy. - The State
recognizes the vital role of the youth in nation
Section 10. Implementing Rules and building and shall promote and protect their
Regulations - The Secretary of Labor and physical, moral, spiritual, intellectual, emotional,
Employment, in coordination with the psychological and social well-being. Towards
Committees on Labor and Employment of both this end, the State shall:
Houses of Congress, shall issue the necessary
Implementing Rules and Regulations (IRR) to
(a) Guarantee the fundamental rights of every
effectively implement the provisions of this Act,
child from all forms of neglect, cruelty and other
in consultation with concerned public and
conditions prejudicial to his/her development;
private sectors, within sixty (60) days from the
effectivity of this Act.
(b) Protect every child from all forms of
exploitation and abuse including, but not limited
Such rules and regulations shall take effect upon
to:
their publication in two (2) national newspapers
of general circulation.
(1) the use of a child in pornographic
performances and materials; and
Section 11. Separability Clause. - If any
provision of this Act is declared invalid or
unconstitutional, the validity of the remaining (2) the inducement or coercion of a child to
provisions hereof shall remain in full force and engage or be involved in pornography through
effect. whatever means; and

Page | 20
(c) Comply with international treaties to which (2) bestiality;
the Philippines is a signatory or a State party
concerning the rights of children which include, (3) masturbation;
but not limited to, the Convention on the Rights
of the Child, the Optional Protocol to the (4) sadistic or masochistic abuse;
Convention on the Rights of the Child of the
Child on the Sale of Children, Child Prostitution (5) lascivious exhibition of the genitals,
and Child Pornography, the International Labor buttocks, breasts, pubic area and/or anus; or
Organization (ILO) Convention No.182 on the
Elimination of the Worst Forms of Child Labor (6) use of any object or instrument for lascivious
and the Convention Against Transnational acts
Organized Crime.
(d) "Internet address" refers to a website,
Section 3. Definition of Terms. - bulletin board service, internet chat room or
news group, or any other internet or shared
(a) "Child" refers to a person below eighteen network protocol address.
(18) years of age or over, but is unable to fully
take care of himself/herself from abuse, neglect, (e) "Internet cafe or kiosk" refers to an
cruelty, exploitation or discrimination because establishment that offers or proposes to offer
of a physical or mental disability or condition. services to the public for the use of its
computer/s or computer system for the purpose
For the purpose of this Act, a child shall also of accessing the internet, computer games or
refer to: related services.

(1) a person regardless of age who is presented, (f) "Internet content host" refers to a person who
depicted or portrayed as a child as defined hosts or who proposes to host internet content in
herein; and the Philippines.

(2) computer-generated, digitally or manually (g) "Internet service provider (ISP)" refers to a
crafted images or graphics of a person who is person or entity that supplies or proposes to
represented or who is made to appear to be a supply, an internet carriage service to the public.
child as defined herein.
(h) "Grooming" refers to the act of preparing a
(b) "Child pornography" refers to any child or someone who the offender believes to
representation, whether visual, audio, or written be a child for sexual activity or sexual
combination thereof, by electronic, mechanical, relationship by communicating any form of
digital, optical, magnetic or any other means, of child pornography. It includes online enticement
child engaged or involved in real or simulated or enticement through any other means.
explicit sexual activities.
(i) "Luring" refers to the act of communicating,
(c) "Explicit Sexual Activity" includes actual or by means of a computer system, with a child or
simulated - someone who the offender believes to be a child
for the purpose of facilitating the commission of
(1) As to form: sexual activity or production of any form of
child pornography.(2) Bestiality;
(i) sexual intercourse or lascivious act including,
but not limited to, contact involving genital to (j) "Pandering" refers to the act of offering,
genital, oral to genital, anal to genital, or oral to advertising, promoting, representing or
anal, whether between persons of the same or distributing through any means any material or
opposite sex; purported material that is intended to cause

Page | 21
another to believe that the material or purported (i) To engage in pandering of any form of child
material contains any form of child pornography;
pornography, regardless of the actual content of
the material or purported material. (j) To willfully access any form of child
pornography;
(k) "Person" refers to any natural or juridical
entity. (k) To conspire to commit any of the prohibited
acts stated in this section. Conspiracy to commit
Section 4. Unlawful or Prohibited Acts. - It shall any form of child pornography shall be
be unlawful for any person: committed when two (2) or more persons come
to an agreement concerning the commission of
(a) To hire, employ, use, persuade, induce or any of the said prohibited acts and decide to
coerce a child to perform in the creation or commit it; and
production of any form of child pornography;
(l) To possess any form of child pornography.
(b) To produce, direct, manufacture or create
any form of child pornography; Section 5. Syndicated Child Pornography - The
crime of child pornography is deemed
(c) To publish offer, transmit, sell, distribute, committed by a syndicate if carried out by a
broadcast, advertise, promote, export or import group of three (3) or more persons conspiring or
any form of child pornography; confederating with one another and shall be
punished under Section 15(a) of this Act.
(d) To possess any form of child pornography
with the intent to sell, distribute, publish, or Section 6. Who May File a Complaint. -
broadcast: Provided. That possession of three (3) Complaints on cases of any form of child
or more articles of child pornography of the pornography and other offenses punishable
same form shall be prima facie evidence of the under this Act may be filed by the following:
intent to sell, distribute, publish or broadcast;
(a) Offended party;
(e) To knowingly, willfully and intentionally
provide a venue for the commission of (b) Parents or guardians;
prohibited acts as, but not limited to, dens,
private rooms, cubicles, cinemas, houses or in (c) Ascendant or collateral relative within the
establishments purporting to be a legitimate third degree of consanguinity;
business;
(d) Officer, social worker or representative of a
(f) For film distributors, theaters and licensed child-caring institution;
telecommunication companies, by themselves or
in cooperation with other entities, to distribute (e) Officer or social worker of the Department of
any form of child pornography; Social Welfare and Development (DSWD);

(g) For a parent, legal guardian or person having (f) Local social welfare development officer;
custody or control of a child to knowingly
permit the child to engage, participate or assist (g) Barangay chairman;
in any form of child pornography;
(h) Any law enforcement officer;
(h) To engage in the luring or grooming of a
child;

Page | 22
(i) At least three (3) concerned responsible transmittal of any form of child pornography
citizens residing in the place where the violation will be blocked or filtered.
occurred; or
An ISP who shall knowingly, willfully and
(j) Any person who has personal knowledge of intentionally violate this provision shall be
the circumstances of the commission of any subject to the penalty provided under Section
offense under this Act. 15(k) of this Act.

Section 7. Appointment of Special Prosecutors. - The National Telecommunications Commission

The Department of Justice (DOJ) shall appoint (NTC) shall promulgate within ninety (90) days
or designate special prosecutors to prosecute from the effectivity of this Act the necessary
cases for the violation of this Act. rules and regulations for the implementation of
this provision which shall include, among
Section 8. Jurisdiction. - Jurisdiction over cases others, the installation of filtering software that
for the violation of this Act shall be vested in the will block access to or transmission of any form
Family Court which has territorial jurisdiction of the child pornography.
over the place where the offense or any of its
essential elements was committed pursuant to Section 10. Responsibility of Mall
Republic Act No. 8369, otherwise known as Owners/Operators and Owners or Lessors of
"Family Courts Act of 1997". Other Business Establishments. - All mall
owners/operators and owners or lessors of other
Section 9. Duties of an Internet Service business establishments shall notify the PNP or
Provider (ISP). - All internet service providers the NBI within seven (7) days from obtaining
(ISPs) shall notify the Philippine National Police facts and circumstances that child pornography
(PNP) or the National Bureau of Investigation is being committed in their
(NBI) within seven (7) days from obtaining facts premises. Provided, That public display of any
and circumstances that any form of child form of child pornography within their premises
pornography is being committed using its server is a conclusive presumption of the knowledge of
or facility. Nothing in this section may be the mall owners/operators and owners or lessors
construed to require an ISP to engage in the of other business establishments of the violation
monitoring of any user, subscriber or customer, of this Act: Provided, further, That a disputable
or the content of any communication of any such presumption of knowledge by mall
person: Provided, That no ISP shall be held owners/operators and owners or lessors of other
civilly liable for damages on account of any business establishments should know or
notice given in good faith in compliance with reasonably know that a violation of this Act is
this section. being committed in their premises.

Furthermore, an ISP shall preserve such Photo developers, information technology

evidence for purpose of investigation and professionals, credit card companies and banks
prosecution by relevant authorities. and any person who has direct knowledge of any
form of child pornography activities shall have
An ISP shall, upon the request of proper the duty to report any suspected child
authorities, furnish the particulars of users who pornography materials or transactions to the
gained or attempted to gain access to an internet proper authorities within seven (7) days from
address which contains any form of child discovery thereof.
pornography.
Any willful and intentional violation of this
All ISPs shall install available technology, provision shall be subject to the penalty
program or software to ensure that access to or provided under Section 15(l) of this Act.

Page | 23
Section 11. Duties of an Internet Content Host. - (a) The judge, prosecutor or any officer of the
An internet content host shall: law to whom the complaint has been referred to
may, whenever necessary to ensure a fair and
(a) Not host any form of child pornography on impartial proceeding and after considering all
its internet address; circumstances for the best interest of the child
conduct a closed-door investigation, prosecution
(b) Within seven (7) days, report the presence of or trial;
any form of child pornography, as well as the
particulars of the person maintaining, hosting, (b) The name and personal circumstances of the
distributing or in any manner contributing to child, including the child's immediate family, or
such internet address, to the proper authorities; any other information tending to establish
and his/her identity shall not be disclosed to the
public;
(c) Preserve such evidence for purposes of
investigation and prosecution by relevant (c) Any record regarding a child shall be
authorities. confidential and kept under seal. Except upon
written request and order of the court, a record
An internet content host shall, upon the request shall be released only to the following:
of proper authorities, furnish the particulars of
users who gained or attempted to gain access to (1) Members of the court staff for administrative
an internet address that contains any form of use;
child pornography.
(2) The prosecuting attorney;
An internet content host who shall knowingly,
willfully and intentionally violate this provision (3) Defense counsel;
shall be subject to the penalty provided under
Section 15(j) of this Act: Provided, That the (4) The guardian ad litem;
failure of the internet content host to remove any
form of child pornography within forty-eight (5) Agents of investigating law enforcement
(48) hours from receiving the notice that any agencies and
form of child pornography is hitting its server
shall be conclusive evidence of willful and (6) Other persons as determined by the court.
intentional violation thereof.
(d) Any form of child pornography that is part of
Section 12. Authority to Regulate Internet Caf the court records shall be subject to a protective
or Kiosk. - The local government unit (LGU) of order that provides as follows:
the city or municipality where an internet caf or
kiosk is located shall have the authority to (1) Any form of child pornography may be
monitor and regulate the establishment and viewed only by the parties, their counsel, their
operation of the same or similar establishments expert witness and guardian ad litem;
in order to prevent violation of the provisions of
this Act.
(2) Neither form of child pornography nor any
portion thereof shall be divulged to any other
Section 13. Confidentiality. - The right to person, except as necessary for investigation,
privacy of the child shall be ensured at any stage prosecution or trial; and
of the investigation, prosecution and trial of an
offense under this Act. Towards this end, the
(3) No person shall be granted access to any
following rules shall be observed:
form of child pornography or any part thereof
unless he/she signs a written affirmation that

Page | 24
he/she has received and read a copy of the shall suffer the penalty of reclusion
protection order; that he/she submits to the perpetua and a fine of not less than Two million
jurisdiction of the court with respect to the pesos (Php2,000,000.00) but not more than Five
protective order; and that, in case of violation million pesos (Php5,000,000.00);
thereof, he/she will be subject to the contempt
power of the court; and (b) Any person found guilty of violating Section
4(a), (b) and (c) of this Act shall suffer the
(e) In cases when prosecution or trial is penalty of reclusion temporal in its maximum
conducted behind closed doors, it shall be period and a fine of not less than One million
unlawful for any editor, publisher and reporter pesos (Php1,000,000.00) but not more than Two
or columnist in case of printed materials, million (Php2,000,000.00);
announcer or producer in case of television and
radio, producer and director of a film in case of (c) Any person found guilty of violating Section
the movie industry, or any person utilizing the 4(d), (e) and (f) of this Act shall suffer the
tri-media facilities or information technology to penalty of reclusion temporal in its medium
publish or broadcast the names of the victims of period and a fine of not less than Seven hundred
any case of child pornography. fifty thousand pesos (Php750,000.00) but not
more than One million pesos (Php1,000,000.00);
Any violation of this provision shall be subject
to the penalty provided for under Section 15(m) (d) Any person found guilty of violating Section
of this Act. 4(g) of this Act shall suffer the penalty
of reclusion temporal in its minimum period and
Section 14. Care, Custody and Treatment of a a fine of not less than Five hundred thousand
Child Victim. - The DSWD shall ensure that the pesos (Php500,000.00) but not more than Seven
child who is a victim of any form of child hundred thousand pesos (Php700,000.00);
pornography is provided appropriate care,
custody and support for their recovery and (e) Any person found guilty of violating Section
reintegration in accordance with existing laws. 4(h) of this Act shall suffer the penalty
of prision mayor in its maximum period and a
The child and his family shall be entitled to fine of not less than Three hundred thousand
protection as well as to the rights and benefits of pesos (Php300,000.00) but not more than Five
witnesses under Republic Act No. hundred thousand pesos (Php500,000.00);
6981, otherwise known as "The Witness
Protection, Security and Benefit Act". (f) Any person found guilty of violating Section
4(I) of this Act shall suffer the penalty of prision
The child shall also be considered as a victim of mayor in its minimum period and a fine of not
a violent crime defined under Section 3(d) less than Three hundred thousand pesos
of Republic Act No. 7309, otherwise known as (php300,000.00) but not more than Five hundred
"An Act Creating a Board of Claims under the thousand pesos (Php500,000.00);
Department of Justice for Victims of Unjust
Imprisonment or Detention and Victims of (g) Any person found guilty of violating Section
Violent Crimes and for Other Purposes", so that 4(j) of this Act shall suffer the penalty of prision
the child may claim compensation therein. correccional in its maximum period and a fine
of not less than Two hundred thousand pesos
Section 15. Penalties and Sanctions. - The (Php200,000.00) but not more than Three
following penalties and sanctions are hereby hundred thousand pesos (Php300,000.00);
established for offenses enumerated in this Act:
(h) Any person found guilty of violating Section
(a) Any person found guilty of syndicated child 4(k) of this Act shall suffer the penalty
pornography as defined in Section 5 of this Act of prision correccionalin its medium period and

Page | 25
a fine of not less than One hundred thousand than Three million pesos (Php3,000,000.00) and
pesos (php100,000.00) but not more than Two revocation of its license to operate and
hundred fifty thousand pesos (php250,000.00); immediate closure of the establishment; and

(i) Any person found guilty of violating Section (m) Any person found guilty of violating Section
4(l) of this Act shall suffer the penalty of arresto 13 of this Act shall suffer the penalty of arresto
mayor in its minimum period and a fine of not mayor in its minimum period and a fine of not
less than Fifty thousand pesos (Php50,000.00) less than One hundred thousand pesos
but not more than One hundred thousand pesos (Php100,000.00) but not more than Three
(Php100,000.00); hundred thousand pesos (Php300,000.00).

(j) Any person found guilty of violating Section Section 16. Common Penal Provisions. -
11 of this Act shall suffer the penalty of prision
correccional in its medium period and a fine of (a) If the offender is a parent, ascendant,
not less than One million pesos guardian, step-parent or collateral relative within
(Php1,000,000.00) but not more than Two the third degree of consanguinity or affinity or
million pesos (Php2,000,000.00) for the first any person having control or moral ascendancy
offense. In the case of a subsequent offense, the over the child, the penalty provided herein shall
penalty shall be a fine not less than Two million be in its maximum duration; Provided, That this
pesos (Php2,000,000.00) but not more than provision shall not apply to Section 4(g) of this
Three million pesos (Php3,000,000.00) and Act;
revocation of its license to operate and
immediate closure of the establishment; (b) If the offender is a juridical person, the
penalty shall be imposed upon the owner,
(k) Any ISP found guilty of willfully and manager, partner, member of the board of
knowingly failing to comply with the notice and directors and/or any responsible officer who
installation requirements under Section 9 of this participated in the commission of the crime or
Act shall suffer the penalty of a fine of not less shall have knowingly permitted or failed to
than Five hundred thousand pesos prevent its commissions;
(Php500,000.00) but not more than One million
pesos (Php1,000,000.00) for the first offense. In (c) If the offender is a foreigner, he/she shall be
case of subsequent offense, the penalty shall be a immediately deported after the complete service
fine of not less than One million pesos of his/her sentence and shall forever be barred
(Php1,000,000.00) but not more than Two from entering the country; and
million pesos (Php2,000,000.00) and revocation
of its license to operate; (d) The penalty provided for in this Act shall be
imposed in its maximum duration if the offender
(l) Any mall owner-operator and owner or lessor is a public officer or employee.
of other business establishments including photo
developers, information technology Section 17. Confiscation and Forfeiture of the
professionals, credit card companies and banks, Proceeds, Tools and Instruments Used in Child
found guilty of willfully and knowingly failing Pornography. - In addition to the penalty
to comply with the notice requirements under imposed for the violation of this Act, the court
Section 10 of this Act shall suffer the penalty of shall order the confiscation and forfeiture in
a fine of not less than One million pesos favor of the government of all the proceeds,
(Php1,000,000.00) but not more than Two tools and instruments used in the commission of
million pesos (Php2,000,000.00) for the first the crime, unless they are the property of a third
offense. In the case of a subsequent offense, the person not liable for the unlawful
penalty shall be a fine of not less than Two act; Provided, however, That all awards for
million pesos (Php2,000,000.00) but not more damages shall be taken from the personal and

Page | 26
separate properties of the Sustained supervision and follow through
offender; Provided, further, That if such mechanism that will track the progress of
properties are insufficient, the deficiency shall recovery, rehabilitation and reintegration of the
be taken from the confiscated and forfeited child victims shall adopted and carried out.
proceeds, tools and instruments.
Section 19. Programs for Victims of Child
All proceeds derived from the sale of properties Pornography. The Inter-Agency Council
used for the commission of any form of child Against Child Pornography created under
pornography shall accrue to the special account Section 20 of this Act shall develop and
of the DSWD which shall be used exclusively implement the necessary programs that will
for the implementation of this Act. prevent any form of child pornography, as well
as protect, heal and reintegrate the child into the
When the proceeds, tools and instruments used mainstream of society. Such programs shall
in the commission of the offense have been include beat but not limited to the following:
destroyed diminished in value or otherwise
rendered worthless by any act or omission, (a) Provision of mandatory services including
directly or indirectly, of the offender, or it has counseling free legal services, medical or
been concealed, removed, converted or psychological services, livelihood and skills
transferred to prevent the same from being found training and educational assistance to the child
or to avoid forfeiture or confiscation, the pursuant to Section 18 of this Act;
offender shall be ordered to pay the amount
equal to the value of the proceeds, tools and (b) Sponsorship of a national research program
instruments used in the commission of the on any form of child pornography and other acts
offense.1avvphi1 covered by the law and the establishment of a
data collection system for monitoring and
Section 18. Mandatory Services to Victims of evaluation purposes;
Child Pornography. - To ensure recovery,
rehabilitation and reintegration into the (c) Provision of necessary technical and material
mainstream of society concerned government support services to appropriate government
agencies and the LGUs shall make available the agencies and nongovernmental organizations:
following services to victims of any form of
child pornography: (d) Sponsorship of conferences and seminars to
provide venue for consensus building amongst
(a) Emergency shelter or appropriate housing; the public, the academe , government,
nongovernmental and international organizations
(b) Counseling; and

(c) Free legal services, which shall include (e) Promotion of information and education
information about the victim's rights and the campaign.
procedure for filing of complaints, claims for
compensation and such other legal remedies Section 20. Inter - Agency Council against
available to them in a language understood by Child Pornography. - There is hereby
the child; established an Inter-Agency Council against
Child Pornography to be composed of the
(d) Medical or psychological services; Secretary of the DSWD as chairperson and the
following as members:
(e) Livelihood and skills training; and
(a) Secretary of the Department of Justice:
(f) Educational assistance.

Page | 27
(b) Secretary of the Department of Labor and (a) Formulate comprehensive and integrated
Employment plans and programs to prevent and suppress any
form of child pornography;
(c) Secretary of the Department of Science and
Technology (b) Promulgate rules and regulations as may be
necessary for the effective implementation of
(d) Chief of the Philippine National Police; this Act;

(e) Chairperson of the Commission on (c) Monitor and oversee the strict
Information and Communications Technology; implementation of this Act;

(g) Commissioner of the National (d) Coordinate the programs and projects of the
Telecommunications Commission; various members agencies effectively address
the issues and problems attendant to child
(h) Executive Director of the Council for the pornography;
Welfare of Children;
(e) Conduct and coordinate massive information
(i) Executive Director of the Philippine Center disseminations and campaign on the existence of
for Transnational Crimes; the law and the various issues and problems
attendant to child pornography;
(j) Executive Director of the Optical Media
Board; (f) Direct other agencies to immediately respond
to the problems brought to their attention and
(k) Director of the National Bureau of report to the Council on the action taken;
Investigation; and
(g) Assist in the filling of cases against
(l) Three (3) representatives from children's individuals, agencies, institutions or
nongovernmental organizations. These establishments that violate the provisions of this
representatives shall be nominated by the Act;
government agency representatives of the
Council for appointment by the President for a (h) Formulate a program for the reintegration of
term of three (3) years and may be renewed victims of child pornography;
upon renomination and reappointment by the
Council and the President respectively. (i) Secure from any department, bureau, office,
agency or instrumentality of the government or
The members of the Council mat designate their from NGOs and other civic organizations such
permanent representatives, who shall have a assistance as may be needed to effectively
rank not lower than assistant secretary or its implement this Act;
equivalent, to meetings and shall receive
emoluments as may be determined by the (j) Complement the shared government
Council in accordance with existing budget and information system relative to child abuse and
accounting rules and regulations. exploitation and ensure that the proper agencies
conduct a continuing research and study on the
The DSWD shall establish the necessary patterns and schemes of any form of child
Secretariat for the Council. pornography which form basis for policy
formulation and program direction;
Section 21. Functions of the Council. - The
Council shall have the following powers and (k) develop the mechanism to ensure the timely,
functions: coordinated and effective response to cases of
child pornography;

Page | 28
(l) Recommend measures to enhance Affairs (DFA), shall endeavor to include child
cooperative efforts and mutual assistance among pornography among extraditable offenses in
foreign countries through bilateral and/or future treaties.
multilateral arrangements to prevent and
suppress any form of child pornography; Section 24. Congressional Oversight
Committee. -There is hereby created a
(m) Adopt measures and policies to protect the Congressional Oversight Committee composed
rights and needs of the victims of child of five (5) members from the Senate and five (5)
pornography who are foreign nationals in the members from the House of Representatives.
Philippines; The members from the Senate shall be appointed
by the Senate President based on proportional
(n) maintain a database of cases of child representation of the parties or coalition therein
pornography; with at least one (1) member representing the
Minority. The members from the House of
(o) Initiate training programs in identifying and Representative shall be appointed by the
providing the necessary intervention or Speaker, also based on proportional
assistance to victims of child pornography. representation of the parties or coalitions therein
with the Chair of the House of Committee on
(p) Submit to the President and the Welfare of Children and at least one (1) member
Congressional Oversight committee credited representing the Minority
herein the annual report on the policies, plans,
programs and activities of the Council relative to The Committee shall be headed by the
the implementation of this Act; and respective Chairs of the Senate Committee on
Youth, Women and Family relations and the
(q) Exercise all the powers and perform such House of Representatives Committee on Justice.
other functions necessary to attain the purposes The Secretariat of the Congressional Oversight
and objectives of this Act. Committee shall come from the existing
Secretariat personnel of the Committees of the
Section 22. Child Pornography as a Senate and the House of Representatives
Transnational Crime. - Pursuant to the concerned.
Convention on transnational Organized Crime,
the DOJ may execute the request of a foreign The Committee shall monitor and ensure the
state for assistance in the investigation or effective implementation of this Act, determine
prosecution of any form of child pornography inherent weakness and loopholes in the law.
by: (1) conducting a preliminary investigation Recommend the necessary remedial legislator or
against the offender and, if appropriate, to file administrative measures and perform such other
the necessary charges in court; (2) giving duties and functions as may be necessary to
information needed by the foreign state; and (3) attain the objectives of this Act.
to apply for an order of forfeiture of any
proceeds or monetary instrument or properly Section 25. Appropriations. - The amount
located in the Philippines used in connection necessary to implement the provisions of the
with child pornography in the Anti-Child Pornography Act and the
court; Provided, That if the DOJ refuses to act operationalization of the Inter-Agency Council
on the request of for delaying the execution Against Child Pornography shall be included in
thereof: Provided, further, That the principles of the annual General Appropriations Act.
mutuality and reciprocity shall, for this purpose,
be at all times recognized. Section 26. Implementing Rules and
Regulations. - The Inter- Agency Council
Section 23. Extradition. - The DOJ, in Against Child pornography shall promulgate the
consultation with the Department of Foreign necessary implementing rules and regulations

Page | 29
within ninety (90) days from the effectivity of NOW, THEREFORE, I, FERDINAND E.
this Act. MARCOS, President of the Philippines by virtue
of the powers vested in me by the Constitution,
Section 27. Suppletory Application of the do hereby order and decree as part of the law of
Revised Penal Code. - The Revised penal Code the land the following:
shall be suppletorily applicable to this Act.
Section 1. Title. This decree shall be known as
Section 28. Separability Clause. - If any part of the Anti-Fencing Law.
this Act is declared unconstitutional or invalid,
the other provisions not affected thereby shall Section 2. Definition of Terms. The following
continue to be in full force and effect. terms shall mean as follows:

Section 29. Repealing Clause. - All laws, (a) "Fencing" is the act of any person who, with
presidential decrees, executive orders, intent to gain for himself or for another, shall
administrative orders, rules and regulations buy, receive, possess, keep, acquire, conceal,
inconsistent with or contrary to the provisions of sell or dispose of, or shall buy and sell, or in any
this Act are deemed amended, modified or other manner deal in any article, item, object or
repealed accordingly. anything of value which he knows, or should be
known to him, to have been derived from the
Section 30. Effectivity. - This Act shall effect proceeds of the crime of robbery or theft.
after fifteen (15) days following its complete
publication in the Official Gazette or in at least (b) "Fence" includes any person, firm,
two (2) newspapers of general circulation. association corporation or partnership or other
organization who/which commits the act of
fencing.

PRESIDENTIAL DECREE No. 1612 Section 3. Penalties. Any person guilty of

fencing shall be punished as hereunder
ANTI-FENCING LAW OF 1979 indicated:

WHEREAS, reports from law enforcement (a) The penalty of prision mayor, if the value of
agencies reveal that there is rampant robbery and the property involved is more than 12,000 pesos
thievery of government and private properties; but not exceeding 22,000 pesos; if the value of
such property exceeds the latter sum, the penalty
provided in this paragraph shall be imposed in
WHEREAS, such robbery and thievery have
its maximum period, adding one year for each
become profitable on the part of the lawless
additional 10,000 pesos; but the total penalty
elements because of the existence of ready
which may be imposed shall not exceed twenty
buyers, commonly known as fence, of stolen
years. In such cases, the penalty shall be termed
properties;
reclusion temporal and the accessory penalty
pertaining thereto provided in the Revised Penal
WHEREAS, under existing law, a fence can be Code shall also be imposed.
prosecuted only as an accessory after the fact
and punished lightly;
(b) The penalty of prision correccional in its
medium and maximum periods, if the value of
WHEREAS, is imperative to impose heavy the property robbed or stolen is more than 6,000
penalties on persons who profit by the effects of pesos but not exceeding 12,000 pesos.
the crimes of robbery and theft.
(c) The penalty of prision correccional in its
minimum and medium periods, if the value of

Page | 30
the property involved is more than 200 pesos but provisions of this Decree are hereby repealed or
not exceeding 6,000 pesos. modified accordingly.

(d) The penalty of arresto mayor in its medium Section 8. Effectivity. This Decree shall take
period to prision correccional in its minimum effect upon approval.
period, if the value of the property involved is
over 50 pesos but not exceeding 200 pesos. Done in the City of Manila, this 2nd day of
March, in the year of Our Lord, nineteen
(e) The penalty of arresto mayor in its medium hundred and seventy-nine.
period if such value is over five (5) pesos but not
exceeding 50 pesos.

(f) The penalty of arresto mayor in its minimum RULES AND REGULATIONS TO CARRY
period if such value does not exceed 5 pesos. OUT THE PROVISIONS OF SECTION 6
OF PRESIDENTIAL DECREE NO. 1612,
Section 4. Liability of Officials of Juridical KNOWN AS THE ANTI-FENCING LAW.
Persons. If the fence is a partnership, firm,
corporation or association, the president or the Pursuant to Section 6 of Presidential Decree No.
manager or any officer thereof who knows or 1612, known as the Anti-Fencing Law, the
should have known the commission of the following rules and regulations are hereby
offense shall be liable. promulgated to govern the issuance of
clearances/permits to sell used secondhand
Section 5. Presumption of Fencing. Mere articles obtained from an unlicensed dealer or
possession of any good, article, item, object, or supplier thereof:
anything of value which has been the subject of
robbery or thievery shall be prima facie evidence I. Definition of Terms
of fencing.
1. "Used secondhand article" shall refer to any
Section 6. Clearance/Permit to Sell/Used goods, article, item, object or anything of value
Second Hand Articles. For purposes of this Act, obtained from an unlicensed dealer or supplier,
all stores, establishments or entities dealing in regardless of whether the same has actually or in
the buy and sell of any good, article item, object fact been used.
of anything of value obtained from an
unlicensed dealer or supplier thereof, shall 2. "Unlicensed dealer/supplier" shall refer to any
before offering the same for sale to the public, persons, partnership, firm, corporation,
secure the necessary clearance or permit from association or any other entity or establishment
the station commander of the Integrated not licensed by the government to engage in the
National Police in the town or city where such business of dealing in or of supplying the
store, establishment or entity is located. The articles defined in the preceding paragraph.
Chief of Constabulary/Director General,
Integrated National Police shall promulgate such 3. "Store", "establishment" or "entity" shall be
rules and regulations to carry out the provisions construed to include any individual dealing in
of this section. Any person who fails to secure the buying and selling used secondhand articles,
the clearance or permit required by this section as defined in paragraph hereof.
or who violates any of the provisions of the rules
and regulations promulgated thereunder shall 4. "Buy and Sell" refer to the transaction
upon conviction be punished as a fence. whereby one purchases used secondhand articles
for the purpose of resale to third persons.
Section 7. Repealing Clause. All laws or parts
thereof, which are inconsistent with the

Page | 31
5. "Station Commander" shall refer to the their respective jurisdictions and in possession
Station Commander of the Integrated National of or having in stock used secondhand articles as
Police within the territorial limits of the town or defined herein, to submit an initial affidavit
city district where the store, establishment or within thirty (30) days from receipt of notice for
entity dealing in the buying and selling of used the purpose thereof and subsequent affidavits
secondhand articles is located. once every fifteen (15) days within five (5) days
after the period covered, which shall contain:
II. Duty to Procure Clearance or Permit
(a) A complete inventory of such articles
1. No person shall sell or offer to sell to the acquired daily from whatever source and the
public any used secondhand article as defined names and addresses of the persons from whom
herein without first securing a clearance or such articles were acquired.
permit for the purpose from the proper Station
Commander of the Integrated National Police. (b) A full list of articles to be sold or offered for
sale as well as the place where the date when the
2. If the person seeking the clearance or permit sale or offer for sale shall commence.
is a partnership, firm, corporation, or association
or group of individuals, the clearance or permit (c) The place where the articles are presently
shall be obtained by or in the name of the deposited or kept in stock.
president, manager or other responsible officer-
in-charge thereof. The Station Commander may, at his discretion
when the circumstances of each case warrant,
3. If a store, firm, corporation, partnership, require that the affidavit submitted be
association or other establishment or entity has a accompanied by other documents showing proof
branch or subsidiary and the used secondhand of legitimacy of the acquisition of the articles.
article is acquired by such branch or subsidiary
for sale to the public, the said branch or 2. A party required to secure a clearance or
subsidiary shall secure the required clearance or permit under these rules and regulations shall
permit. file an application therefor with the Station
Commander concerned. The application shall
4. Any goods, article, item, or object or anything state:
of value acquired from any source for which no
receipt or equivalent document evidencing the (a) The name, address and other pertinent
legality of its acquisition could be presented by circumstances of the persons, in case of an
the present possessor or holder thereof, or the individual or, in the case of a firm, corporation,
covering receipt, or equivalent document, of association, partnership or other entity, the
which is fake, falsified or irregularly obtained, name, address and other pertinent circumstances
shall be presumed as having been acquired from of the president, manager or officer-in-charge.
an unlicensed dealer or supplier and the
possessor or holder thereof must secure the (b) The article to be sold or offered for sale to
required clearance or permit before the same can the public and the name and address of the
be sold or offered for sale to the public. unlicensed dealer or supplier from whom such
article was acquired.
III. Procedure for Procurement of Clearances or
Permits In support of the application, there shall be
attached to it the corresponding receipt or other
1. The Station Commanders concerned shall equivalent document to show proof of the
require the owner of a store or the president, legitimacy of acquisition of the article.
manager or responsible officer-in-charge of a
firm, establishment or other entity located within

Page | 32
3. The Station Commander shall examine the Commander concerned to advise/notify the
documents attached to the application and may Commission on Audit of the case and comply
require the presentation of other additional with such procedure as may be proper under
documents, if necessary, to show satisfactory applicable existing laws, rules and regulations.
proof of the legitimacy of acquisition of the
article, subject to the following conditions: 4. The Station Commander concerned shall,
within seventy-two (72) hours from receipt of
(a) If the legitimacy of acquisition of any article the application, act thereon by either issuing the
from an unlicensed source cannot be clearance/permit requested or denying the same.
satisfactorily established by the documents Denial of an application shall be in writing and
presented, the Station Commander shall, upon shall state in brief the reason/s therefor.
approval of the INP Superintendent in the
district and at the expense of the party seeking 5. The application, clearance/permit or the
the clearance/permit, cause the publication of a denial thereof, including such other documents
notice in a newspaper of general circulation for as may be pertinent in the implementation of
two (2) successive days enumerating therein the Section 6 of P.D. No. 1612 shall be in the forms
articles acquired from an unlicensed dealer or prescribed in Annexes "A", "B", "C", "D", and
supplier, the names and addresses of the persons "E" hereof, which are made integral parts of
from whom they were acquired and shall state these rules and regulations.
that such articles are to be sold or offered for
sale to the public at the address of the store, 6. For the issuance of clearances/permit required
establishment or other entity seeking the under Section 6 of P.D. No. 1612, no fee shall
clearance/permit. In places where no newspapers be charged.
are in general circulation, the party seeking the
clearance or permit shall, instead, post a notice IV. Appeals
daily for one week on the bulletin board of the
municipal building of the town where the store, Any party aggrieved by the action taken by the
firm, establishment or entity concerned is Station Commander may elevate the decision
located or, in the case of an individual, where taken in the case to the proper INP District
the articles in his possession are to be sold or Superintendent and, if he is still dissatisfied
offered for sale. therewith may take the same on appeal to the
INP Director. The decision of the INP Director
(b) If after 15 days, upon expiration of the may also be appealed to the INP Director-
period of publication or of the notice referred to General whose decision may likewise be
in the preceding paragraph, no claim is made appealed to the Minister of National Defense.
with respect to any of the articles enumerated in The decision of the Minister of National Defense
the notice, the Station Commander shall issue on the case shall be final. The appeal against the
the clearance or permit sought. decision taken by a Commander lower than the
INP Director-General should be filed to the next
(c) If, before expiration of the same period for higher Commander within ten (10) days from
publication of the notice or its posting, it shall receipt of notice of the decision. The decision of
appear that any of the articles in question is the INP Director-General should be appealed
stolen property, the Station Commander shall within fifteen (15) days from receipt of notice of
hold the article in restraint as evidence in any the decision.
appropriate case to be filed. Articles held in
restraint shall be kept and disposed of as the V. Penalties
circumstances of each case permit, taking into
account all considerations of right and justice in 1. Any person who fails to secure the clearance
the case. In any case where any article is held in or permit required by Section 6 of P.D. 1612 or
restraint, it shall be the duty of the Station who violates any of the provisions of these rules

Page | 33
and regulations shall upon conviction be powers. For this purpose, however, the power to
punished as a fence. conduct visitations shall be exercise only during
office or business hours and upon authority in
2. The INP Director-General shall recommend to writing from and by the INP Superintendent in
the proper authority the cancellation of the the district and for the sole purpose of
business license of the erring individual, store, determining whether articles are kept in
establishment or the entity concerned. possession or stock contrary to the intents of
Section 6 of P.D. No. 1612 and of these rules
3. Articles obtained from unlicensed sources for and regulations.
sale or offered for sale without prior compliance
with the provisions of Section 6 of P.D. No. VII. Other Duties Imposed Upon Station
1612 and with these rules and regulations shall Commanders and INP District Superintendent
be held in restraint until satisfactory evidence or and Directors Following Action on Applications
legitimacy of acquisition has been established. for Clearances or Permits

4. Articles for which no satisfactory evidence of 1. At the end of each month, it shall be the duty
legitimacy of acquisition is established and of the Station Commander concerned to:
which are found to be stolen property shall
likewise be held under restraint and shall, (a) Make and maintain a file in his office of all
furthermore, be subject to confiscation as clearances/permit issued by him.
evidence in the appropriate case to be filed. If,
upon termination of the case, the same is not (b) Submit a full report to the INP District
claimed by their legitimate owners, the article/s Superintendent on the number of applications
shall be forfeited in favor of the government and for clearances or permits processed by his office,
made subject to disposition as the circumstances indicating therein the number of
warrant in accordance with applicable existing clearances/permits issued and the number of
laws, rules and regulations. The Commission on applications denied. The report shall state the
Audit shall, in all cases, be notified. reasons for denial of an application and the
corresponding follow-up actions taken and shall
5. Any personnel of the Integrated National be accompanied by an inventory of the articles
Police found violating the provisions of Section to be sold or offered for sale in his jurisdiction.
6 of P.D. No. 1612 or any of its implementing
rules and regulations or who, in any manner 2. The INP District Superintendent shall, on the
whatsoever, connives with or through his basis of the reports submitted by the Station
negligence or inaction makes possible the Commander, in turn submit quarterly reports to
commission of such violations by any party the appropriate INP Director containing a
required to comply with the law and its consolidation of the information stated in the
implementing rules and regulations, shall be reports of Station Commanders in his
prosecuted criminally without prejudice to the jurisdiction.
imposition of administrative penalties.
3. Reports from INP District Superintendent
VI. Visitorial Power shall serve as basis for a consolidated report to
be submitted semi-annually by INP Directors to
It shall be the duty of the owner of the store or the Director-General, Integrated National Police.
of the president, manager or responsible officer-
in-charge of any firm, establishment or other 4. In all cases, reports emanating from the
entity or of an individual having in his premises different levels of the Integrated National Police
articles to be sold or offered for sale to the shall be accompanied with full and accurate
public to allow the Station Commander or his inventories of the articles acquired from
authorized representative to exercise visitorial unlicensed dealers or suppliers and proposed to

Page | 34
be sold or offered for sale in the jurisdictions (d) "Person" includes natural and juridical
covered by the report. persons, unless the context indicates otherwise.

These implementing rules and regulations, Section 3. Corrupt practices of public

having been published in a newspaper of officers. In addition to acts or omissions of
national circulation, shall take effect on June 15, public officers already penalized by existing
1979. law, the following shall constitute corrupt
practices of any public officer and are hereby
declared to be unlawful:

REPUBLIC ACT No. 3019 (a) Persuading, inducing or influencing another

public officer to perform an act constituting a
violation of rules and regulations duly
ANTI-GRAFT AND CORRUPT
PRACTICES ACT promulgated by competent authority or an
offense in connection with the official duties of
the latter, or allowing himself to be persuaded,
Section 1. Statement of policy. It is the policy of
induced, or influenced to commit such violation
the Philippine Government, in line with the
or offense.
principle that a public office is a public trust, to
repress certain acts of public officers and private
persons alike which constitute graft or corrupt (b) Directly or indirectly requesting or receiving
practices or which may lead thereto. any gift, present, share, percentage, or benefit,
for himself or for any other person, in
connection with any contract or transaction
Section 2. Definition of terms. As used in this
between the Government and any other part,
Act, that term
wherein the public officer in his official capacity
has to intervene under the law.
(a) "Government" includes the national
government, the local governments, the
(c) Directly or indirectly requesting or receiving
government-owned and government-controlled
any gift, present or other pecuniary or material
corporations, and all other instrumentalities or
benefit, for himself or for another, from any
agencies of the Republic of the Philippines and
person for whom the public officer, in any
their branches.
manner or capacity, has secured or obtained, or
will secure or obtain, any Government permit or
(b) "Public officer" includes elective and license, in consideration for the help given or to
appointive officials and employees, permanent be given, without prejudice to Section thirteen of
or temporary, whether in the classified or this Act.
unclassified or exempt service receiving
compensation, even nominal, from the
(d) Accepting or having any member of his
government as defined in the preceding
family accept employment in a private enterprise
subparagraph.
which has pending official business with him
during the pendency thereof or within one year
(c) "Receiving any gift" includes the act of after its termination.
accepting directly or indirectly a gift from a
person other than a member of the public
(e) Causing any undue injury to any party,
officer's immediate family, in behalf of himself
including the Government, or giving any private
or of any member of his family or relative within
party any unwarranted benefits, advantage or
the fourth civil degree, either by consanguinity
preference in the discharge of his official
or affinity, even on the occasion of a family
administrative or judicial functions through
celebration or national festivity like Christmas,
manifest partiality, evident bad faith or gross
if the value of the gift is under the circumstances
inexcusable negligence. This provision shall
manifestly excessive.

Page | 35
apply to officers and employees of offices or (k) Divulging valuable information of a
government corporations charged with the grant confidential character, acquired by his office or
of licenses or permits or other concessions. by him on account of his official position to
unauthorized persons, or releasing such
(f) Neglecting or refusing, after due demand or information in advance of its authorized release
request, without sufficient justification, to act date.
within a reasonable time on any matter pending
before him for the purpose of obtaining, directly The person giving the gift, present, share,
or indirectly, from any person interested in the percentage or benefit referred to in
matter some pecuniary or material benefit or subparagraphs (b) and (c); or offering or giving
advantage, or for the purpose of favoring his to the public officer the employment mentioned
own interest or giving undue advantage in favor in subparagraph (d); or urging the divulging or
of or discriminating against any other interested untimely release of the confidential information
party. referred to in subparagraph (k) of this section
shall, together with the offending public officer,
(g) Entering, on behalf of the Government, into be punished under Section nine of this Act and
any contract or transaction manifestly and shall be permanently or temporarily disqualified
grossly disadvantageous to the same, whether or in the discretion of the Court, from transacting
not the public officer profited or will profit business in any form with the Government.
thereby.
Section 4. Prohibition on private individuals. (a)
(h) Director or indirectly having financing or It shall be unlawful for any person having family
pecuniary interest in any business, contract or or close personal relation with any public
transaction in connection with which he official to capitalize or exploit or take advantage
intervenes or takes part in his official capacity, of such family or close personal relation by
or in which he is prohibited by the Constitution directly or indirectly requesting or receiving any
or by any law from having any interest. present, gift or material or pecuniary advantage
from any other person having some business,
(i) Directly or indirectly becoming interested, for transaction, application, request or contract with
personal gain, or having a material interest in the government, in which such public official
any transaction or act requiring the approval of a has to intervene. Family relation shall include
board, panel or group of which he is a member, the spouse or relatives by consanguinity or
and which exercises discretion in such approval, affinity in the third civil degree. The word "close
even if he votes against the same or does not personal relation" shall include close personal
participate in the action of the board, committee, friendship, social and fraternal connections, and
panel or group. professional employment all giving rise to
intimacy which assures free access to such
Interest for personal gain shall be presumed public officer.
against those public officers responsible for the
approval of manifestly unlawful, inequitable, or (b) It shall be unlawful for any person
irregular transaction or acts by the board, panel knowingly to induce or cause any public official
or group to which they belong. to commit any of the offenses defined in Section
3 hereof.
(j) Knowingly approving or granting any license,
permit, privilege or benefit in favor of any Section 5. Prohibition on certain relatives. It
person not qualified for or not legally entitled to shall be unlawful for the spouse or for any
such license, permit, privilege or advantage, or relative, by consanguinity or affinity, within the
of a mere representative or dummy of one who third civil degree, of the President of the
is not so qualified or entitled. Philippines, the Vice-President of the
Philippines, the President of the Senate, or the

Page | 36
Speaker of the House of Representatives, to his resignation or separation from office, shall
intervene, directly or indirectly, in any business, prepare and file with the office of the
transaction, contract or application with the corresponding Department Head, or in the case
Government: Provided, That this section shall of a Head of Department or chief of an
not apply to any person who, prior to the independent office, with the Office of the
assumption of office of any of the above President, or in the case of members of the
officials to whom he is related, has been already Congress and the officials and employees
dealing with the Government along the same thereof, with the Office of the Secretary of the
line of business, nor to any transaction, contract corresponding House, a true detailed and sworn
or application already existing or pending at the statement of assets and liabilities, including a
time of such assumption of public office, nor to statement of the amounts and sources of his
any application filed by him the approval of income, the amounts of his personal and family
which is not discretionary on the part of the expenses and the amount of income taxes paid
official or officials concerned but depends upon for the next preceding calendar year: Provided,
compliance with requisites provided by law, or That public officers assuming office less than
rules or regulations issued pursuant to law, nor two months before the end of the calendar year,
to any act lawfully performed in an official may file their statements in the following
capacity or in the exercise of a profession. months of January.

Section 6. Prohibition on Members of Section 8. Dismissal due to unexplained

Congress. It shall be unlawful hereafter for any wealth. If in accordance with the provisions of
Member of the Congress during the term for Republic Act Numbered One thousand three
which he has been elected, to acquire or receive hundred seventy-nine, a public official has been
any personal pecuniary interest in any specific found to have acquired during his incumbency,
business enterprise which will be directly and whether in his name or in the name of other
particularly favored or benefited by any law or persons, an amount of property and/or money
resolution authored by him previously approved manifestly out of proportion to his salary and to
or adopted by the Congress during the same his other lawful income, that fact shall be a
term. ground for dismissal or removal. Properties in
the name of the spouse and unmarried children
The provision of this section shall apply to any of such public official may be taken into
other public officer who recommended the consideration, when their acquisition through
initiation in Congress of the enactment or legitimate means cannot be satisfactorily shown.
adoption of any law or resolution, and acquires Bank deposits shall be taken into consideration
or receives any such interest during his in the enforcement of this section,
incumbency. notwithstanding any provision of law to the
contrary.
It shall likewise be unlawful for such member of
Congress or other public officer, who, having Section 9. Penalties for violations. (a) Any
such interest prior to the approval of such law or public officer or private person committing any
resolution authored or recommended by him, of the unlawful acts or omissions enumerated in
continues for thirty days after such approval to Sections 3, 4, 5 and 6 of this Act shall be
retain such interest. punished with imprisonment for not less than
one year nor more than ten years, perpetual
Section 7. Statement of assets and disqualification from public office, and
liabilities. Every public officer, within thirty confiscation or forfeiture in favor of the
days after the approval of this Act or after Government of any prohibited interest and
assuming office, and within the month of unexplained wealth manifestly out of proportion
January of every other year thereafter, as well as to his salary and other lawful income.
upon the expiration of his term of office, or upon

Page | 37
Any complaining party at whose complaint the meantime administrative proceedings have been
criminal prosecution was initiated shall, in case filed against him.
of conviction of the accused, be entitled to
recover in the criminal action with priority over Section 14. Exception. Unsolicited gifts or
the forfeiture in favor of the Government, the presents of small or insignificant value offered
amount of money or the thing he may have or given as a mere ordinary token of gratitude or
given to the accused, or the value of such thing. friendship according to local customs or usage,
shall be excepted from the provisions of this
(b) Any public officer violation any of the Act.
provisions of Section 7 of this Act shall be
punished by a fine of not less than one hundred Nothing in this Act shall be interpreted to
pesos nor more than one thousand pesos, or by prejudice or prohibit the practice of any
imprisonment not exceeding one year, or by profession, lawful trade or occupation by any
both such fine and imprisonment, at the private person or by any public officer who
discretion of the Court. under the law may legitimately practice his
profession, trade or occupation, during his
The violation of said section proven in a proper incumbency, except where the practice of such
administrative proceeding shall be sufficient profession, trade or occupation involves
cause for removal or dismissal of a public conspiracy with any other person or public
officer, even if no criminal prosecution is official to commit any of the violations
instituted against him. penalized in this Act.

Section 10. Competent court. Until otherwise Section 15. Separability clause. If any provision
provided by law, all prosecutions under this Act of this Act or the application of such provision
shall be within the original jurisdiction of the to any person or circumstances is declared
proper Court of First Instance. invalid, the remainder of the Act or the
application of such provision to other persons or
Section 11. Prescription of offenses. All circumstances shall not be affected by such
offenses punishable under this Act shall declaration.
prescribe in ten years.
Section 16. Effectivity. This Act shall take effect
Section 12. Termination of office. No public on its approval, but for the purpose of
officer shall be allowed to resign or retire determining unexplained wealth, all property
pending an investigation, criminal or acquired by a public officer since he assumed
administrative, or pending a prosecution against office shall be taken into consideration.
him, for any offense under this Act or under the
provisions of the Revised Penal Code on Approved: August 17, 1960
bribery.

Section 13. Suspension and loss of benefits. Any

public officer against whom any criminal PRESIDENTIAL DECREE NO. 677
prosecution under a valid information under this
Act or under the provisions of the Revised Penal AMENDING SECTION 7 OF REPUBLIC
Code on bribery is pending in court, shall be ACT NO. 3019, AS AMENDED,
suspended from office. Should he be convicted OTHERWISE KNOWN AS THE ANTI-
by final judgment, he shall lose all retirement or GRAFT AND CORRUPT PRACTICES
gratuity benefits under any law, but if he is ACT.
acquitted, he shall be entitled to reinstatement
and to the salaries and benefits which he failed Whereas, the program of reform in the
to receive during suspension, unless in the government under the New Society has been

Page | 38
endorsed overwhelmingly by the people in the REPUBLIC ACT No. 8049
referendum held on February 27, 1975; and
AN ACT REGULATING HAZING AND
Whereas, as a continuing instrument of the OTHER FORMS OF INITIATION RITES
reform program and in consonance with the IN FRATERNITIES, SORORITIES, AND
dictum that the life of a public officer is an open OTHER ORGANIZATIONS AND
book and subject to scrutiny, all government PROVIDING PENALTIES THEREFOR
officials and employees must account at frequent
intervals their financial position in order that Section 1. Hazing, as used in this Act, is an
they will be beyond suspicion and reproach. initiation rite or practice as a prerequisite for
admission into membership in a fraternity,
Now, therefore, I, Ferdinand E, Marcos, sorority or organization by placing the recruit,
President of the Philippines, by virtue of the neophyte or applicant in some embarrassing or
powers in me vested by the Constitution, do humiliating situations such as forcing him to do
hereby decree and order that: menial, silly, foolish and other similar tasks or
activities or otherwise subjecting him to physical
Section 1. Section 7 of Republic Act No. or psychological suffering or injury.
3019, as amended, is further amended to read as
follows: The term "organization" shall include any club
or the Armed Forces of the Philippines,
"Sec. 7. Statement of assets and liabilities. - Philippine National Police, Philippine Military
Every public officer, within thirty days after Academy, or officer and cadet corp of the
assuming office, and within the month of Citizen's Military Training and Citizen's Army
January of every year thereafter, as well as upon Training. The physical, mental and
the expiration of his term of office, or upon his psychological testing and training procedure and
resignation or separation from office of the practices to determine and enhance the physical,
corresponding Department Head, or in the case mental and psychological fitness of prospective
of a Head of Department or Chief of an regular members of the Armed Forces of the
independent office, with the Office of the Philippines and the Philippine National Police as
President, a true detailed and sworn statement of approved ny the Secretary of National Defense
assets and liabilities, including a statement of the and the National Police Commission duly
amounts and sources of his income, the amounts recommended by the Chief of Staff, Armed
of his personal and family expenses and the Forces of the Philippines and the Director
amount of income taxes paid for the next General of the Philippine National Police shall
preceding calendar year; Provided, That public not be considered as hazing for the purposes of
officers assuming office less than two months this Act.
before the end of the calendar year, may file
their first statement, on the following month of Section 2. No hazing or initiation rites in any
January." form or manner by a fraternity, sorority or
organization shall be allowed without prior
Sec. 2. The provision of this Decree shall take written notice to the school authorities or head
effect beginning January, 1976, for the statement of organization seven (7) days before the
pertaining to the calendar year 1975. conduct of such initiation. The written notice
shall indicate the period of the initiation
Done in the City of Manila, this 31st day of activities which shall not exceed three (3) days,
March, in the year of Our Lord, nineteen shall include the names of those to be subjected
hundred and seventy-five. to such activities, and shall further contain an
undertaking that no physical violence be
employed by anybody during such initiation
rites.

Page | 39
Section 3. The head of the school or 5. The penalty of prison mayor in its maximum
organization or their representatives must assign period (10 years and one day to 12 years) if in
at least two (2) representatives of the school or consequence of the hazing the victim shall have
organization, as the case may be, to be present been ill or incapacitated for the performance on
during the initiation. It is the duty of such the activity or work in which he was habitually
representative to see to it that no physical harm engaged for a period of more than thirty (30)
of any kind shall be inflicted upon a recruit, days.
neophyte or applicant.
6. The penalty of prison mayor in its medium
Section 4. If the person subjected to hazing or period (8 years and one day to 10 years) if in
other forms of initiation rites suffers any consequence of the hazing the victim shall have
physical injury or dies as a result thereof, the been ill or incapacitated for the performance on
officers and members of the fraternity, sorority the activity or work in which he was habitually
or organization who actually participated in the engaged for a period of ten (10) days or more, or
infliction of physical harm shall be liable as that the injury sustained shall require medical
principals. The person or persons who assistance for the same period.
participated in the hazing shall suffer:
7. The penalty of prison mayor in its minimum
1. The penalty of reclusion perpetua (life period (6 years and one day to 8 years) if in
imprisonment) if death, rape, sodomy or consequence of the hazing the victim shall have
mutilation results there from. been ill or incapacitated for the performance on
the activity or work in which he was habitually
2. The penalty of reclusion temporal in its engaged from one (1) to nine (9) days, or that
maximum period (17 years, 4 months and 1 day the injury sustained shall require medical
to 20 years) if in consequence of the hazing the assistance for the same period.
victim shall become insane, imbecile, impotent
or blind. 8. The penalty of prison correccional in its
maximum period (4 years, 2 months and one day
3. The penalty of reclusion temporal in its to 6 years) if in consequence of the hazing the
medium period (14 years, 8 months and one day victim sustained physical injuries which do not
to 17 years and 4 months) if in consequence of prevent him from engaging in his habitual
the hazing the victim shall have lost the use of activity or work nor require medical attendance.
speech or the power to hear or to smell, or shall
have lost an eye, a hand, a foot, an arm or a leg The responsible officials of the school or of the
or shall have lost the use of any such member police, military or citizen's army training
shall have become incapacitated for the activity organization, may impose the appropriate
or work in which he was habitually engaged. administrative sanctions on the person or the
persons charged under this provision even
4. The penalty of reclusion temporal in its before their conviction. The maximum penalty
minimum period (12 years and one day to 14 herein provided shall be imposed in any of the
years and 8 months) if in consequence of the following instances:
hazing the victim shall become deformed or
shall have lost any other part of his body, or (a) when the recruitment is accompanied by
shall have lost the use thereof, or shall have been force, violence, threat, intimidation or deceit on
ill or incapacitated for the performance on the the person of the recruit who refuses to join;
activity or work in which he was habitually
engaged for a period of more than ninety (90) (b) when the recruit, neophyte or applicant
days. initially consents to join but upon learning that
hazing will be committed on his person, is
prevented from quitting;

Page | 40
(c) when the recruit, neophyte or applicant that there was no intention to commit so grave a
having undergone hazing is prevented from wrong.
reporting the unlawful act to his parents or
guardians, to the proper school authorities, or to This section shall apply to the president,
the police authorities, through force, violence, manager, director or other responsible officer of
threat or intimidation; a corporation engaged in hazing as a
requirement for employment in the manner
(d) when the hazing is committed outside of the provided herein.
school or institution; or
Section 5. If any provision or part of this Act is
(e) when the victim is below twelve (12) years declared invalid or unconstitutional, the other
of age at the time of the hazing. parts or provisions thereof shall remain valid and
effective.
The owner of the place where hazing is
conducted shall be liable as an accomplice, Section 6. All laws, orders, rules or regulations
when he has actual knowledge of the hazing which are inconsistent with or contrary to the
conducted therein but failed to take any action to provisions of this Act are hereby amended or
prevent the same from occurring. If the hazing is repealed accordingly.
held in the home of one of the officers or
members of the fraternity, group, or Section 7. This Act shall take effect fifteen (15)
organization, the parents shall be held liable as calendar days after its publication in at least two
principals when they have actual knowledge of (2) national newspapers of general circulation.
the hazing conducted therein but failed to take
any action to prevent the same from occurring.

The school authorities including faculty REPUBLIC ACT No. 6235

members who consent to the hazing or who have
actual knowledge thereof, but failed to take any
AN ACT PROHIBITING CERTAIN ACTS
action to prevent the same from occurring shall
INIMICAL TO CIVIL AVIATION, AND
be punished as accomplices for the acts of
FOR OTHER PURPOSES.
hazing committed by the perpetrators.
Section 1. It shall be unlawful for any person to
The officers, former officers, or alumni of the
compel a change in the course or destination of
organization, group, fraternity or sorority who
an aircraft of Philippine registry, or to seize or
actually planned the hazing although not present
usurp the control thereof, while it is in flight. An
when the acts constituting the hazing were
aircraft is in flight from the moment all its
committed shall be liable as principals. A
external doors are closed following embarkation
fraternity or sorority's adviser who is present
until any of such doors is opened for
when the acts constituting the hazing were
disembarkation.
committed and failed to take action to prevent
the same from occurring shall be liable as
principal. 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
The presence of any person during the hazing is
control thereof while it is within the said
prima facie evidence of participation therein as
territory.
principal unless he prevented the commission of
the acts punishable herein.
Section 2. Any person violating any provision of
the foregoing section shall be punished by an
Any person charged under this provision shall
imprisonment of not less than twelve years but
not be entitled to the mitigating circumstance

Page | 41
not more than twenty years, or by a fine of not chemical reaction and shall include but not
less than twenty thousand pesos but not more limited to acrolein, allene, aluminum dyethyl
than forty thousand pesos. monochloride, and other aluminum compounds,
ammonium chlorate and other ammonium
The penalty of imprisonment of fifteen years to mixtures and other similar substances or
death, or a fine of not less than twenty-five materials.
thousand pesos but not more than fifty thousand
pesos shall be imposed upon any person (3) "Corrosive" is any substance or material,
committing such violation under any of the either liquid, solid or gaseous, which through
following circumstances: chemical reaction wears away, impairs or
consumes any object. It shall include but not
1. Whenever he has fired upon the pilot, member limited to alkaline battery fluid packed with
of the crew or passenger of the aircraft; empty storage battery, allyl chloroformate,
allytrichlorosilane, ammonium dinitro-
2. Whenever he has exploded or attempted to orthocresolate and other similar materials and
explode any bomb or explosive to destroy the substances.
aircraft; or
(4) "Poisonous" is any substance or materials,
3. Whenever the crime is accompanied by except medicinal drug, either liquid, solid or
murder, homicide, serious physical injuries or gaseous, which through chemical reactions kills,
rape. injuries or impairs a living organism or person,
and shall include but not limited to allyl
Section 3. It shall be unlawful for any person, isothiocyanate, ammunition (chemical, non-
natural or juridical, to ship, load or carry in any explosive but containing Class A, B or poison),
passenger aircraft operating as a public utility aniline oil, arsine, bromobenzyle cyanide,
within the Philippines, and explosive, bromoacetone and other similar substances or
flammable, corrosive or poisonous substance or materials.
material.
Section 6. Any violation of Section three hereof
Section 4. The shipping, loading or carrying of shall be punishable by an imprisonment of at
any substance or material mentioned in the least five years but not more than ten years or by
preceding section in any cargo aircraft operating a fine of not less than ten thousand pesos but not
as a public utility within the Philippines shall be more than twenty thousand pesos: Provided,
in accordance with regulations issued by the That if the violation is committed by a juridical
Civil Aeronautics Administration. person, the penalty shall be imposed upon the
manager, representative, director, agent or
Section 5. As used in this Act employee who violated, or caused, directed,
cooperated or participated in the violation
thereof: Provided, further, That in case the
(1) "Explosive" shall mean any substance, either
violation is committed in the interest of a foreign
solid or liquid, mixture or single compound,
corporation legally doing business in the
which by chemical reaction liberates heat and
Philippines, the penalty shall be imposed upon
gas at high speed and causes tremendous
its resident agent, manager, representative or
pressure resulting in explosion. The term shall
director responsible for such violation and in
include but not limited to dynamites,
addition thereto, the license of said corporation
firecrackers, blasting caps, black powders,
to do business in the Philippines shall be
bursters, percussions, cartridges and other
revoked.
explosive materials, except bullets for firearm.
Any violation of Section four hereof shall be an
(2) "Flammable" is any substance or material
offense punishable with the minimum of the
that is highly combustible and self-igniting by

Page | 42
penalty provided in the next preceding PRESIDENTIAL DECREE No. 532
paragraph.
August 8, 1974
Section 7. For any death or injury to persons or
damage to property resulting from a violation of ANTI-PIRACY AND ANTI-HIGHWAY
Sections three and four hereof, the person ROBBERY LAW OF 1974
responsible therefor may be held liable in
accordance with the applicable provisions of the WHEREAS, reports from law-enforcement
Revised Penal Code. agencies reveal that lawless elements are still
committing acts of depredations upon the
Section 8. Aircraft companies which operate as persons and properties of innocent and
public utilities or operators of aircraft which are defenseless inhabitants who travel from one
for hire are authorized to open and investigate place to another, thereby distributing the peace,
suspicious packages and cargoes in the presence order and tranquility of the nation and stunting
of the owner or shipper, or his authorized the economic and social progress of the people;
representatives if present; in order to help the
authorities in the enforcement of the provisions WHEREAS, such acts of depredations constitute
of this Act: Provided, That if the owner, shipper either piracy or highway robbery/brigandage
or his representative refuses to have the same which are among the highest forms of
opened and inspected, the airline or air carrier is lawlessness condemned by the penal statutes of
authorized to refuse the loading thereof. all countries; and,

Section 9. Every ticket issued to a passenger by WHEREAS, it is imperative that said lawless
the airline or air carrier concerned shall contain elements be discouraged from perpetrating such
among others the following condition printed acts of depredations by imposing heavy penalty
thereon: "Holder hereof and his hand-carried on the offenders, with the end in view of
luggage(s) are subject to search for, and seizure eliminating all obstacles to the economic, social,
of, prohibited materials or substances. Holder educational and community progress of the
refusing to be searched shall not be allowed to people;
board the aircraft," which shall constitute a part
of the contract between the passenger and the air NOW, THEREFORE, I, FERDINAND E.
carrier. MARCOS, President of the Philippines, by
virtue of the powers vested in me by the
Section 10. The Civil Aeronautics Constitution and pursuant to proclamation No.
Administration is hereby directed to promulgate 1081, dated September 21, 1972 and No. 1104,
within one month after the approval of this Act dated January 17, 1973 and General Order No.
such regulations as are provided in Section four 1, dated September 22, 1972, do hereby order
hereof and cause the publication of such rules and decree as part of the law of the land the
and regulations in the Official Gazette and in a following:
newspaper of national circulation for at least
once a week for three consecutive weeks. Such Section 1. Title. This Decree shall be known as
regulations shall take effect fifteen days after the Anti-Piracy and Anti-Highway Robbery Law
publication in the Official Gazette. of 1974.

Section 11. This Act shall take effect after the Section 2. Definition of Terms. The following
publication mentioned in the preceding section. 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

Page | 43
the Islands of the Philippine Archipelago, imposed. If physical injuries or other crimes are
irrespective of its depth, breadth, length or committed as a result or on the occasion thereof,
dimension, and all other waters belonging to the the penalty of reclusion perpetua shall be
Philippines by historic or legal title, including imposed. If rape, murder or homicide is
territorial sea, the sea-bed, the insular shelves, committed as a result or on the occasion of
and other submarine areas over which the piracy, or when the offenders abandoned the
Philippines has sovereignty or jurisdiction. victims without means of saving themselves, or
when the seizure is accomplished by firing upon
b. Vessel. Any vessel or watercraft used for or boarding a vessel, the mandatory penalty of
transport of passengers and cargo from one place death shall be imposed.
to another through Philippine Waters. It shall
include all kinds and types of vessels or boats b. Highway Robbery/Brigandage. The penalty of
used in fishing. reclusion temporal in its minimum period shall
be imposed. If physical injuries or other crimes
c. Philippine Highway. It shall refer to any road, are committed during or on the occasion of the
street, passage, highway and bridges or other commission of robbery or brigandage, the
parts thereof, or railway or railroad within the penalty of reclusion temporal in its medium and
Philippines used by persons, or vehicles, or maximum periods shall be imposed. If
locomotives or trains for the movement or kidnapping for ransom or extortion, or murder or
circulation of persons or transportation of goods, homicide, or rape is committed as a result or on
articles, or property or both. the occasion thereof, the penalty of death shall
be imposed.
d. Piracy. Any attack upon or seizure of any
vessel, or the taking away of the whole or part Section 4. Aiding pirates or highway
thereof or its cargo, equipment, or the personal robbers/brigands or abetting piracy or highway
belongings of its complement or passengers, robbery/brigandage. Any person who
irrespective of the value thereof, by means of knowingly and in any manner aids or protects
violence against or intimidation of persons or pirates or highway robbers/brigands, such as
force upon things, committed by any person, giving them information about the movement of
including a passenger or member of the police or other peace officers of the government,
complement of said vessel, in Philippine waters, or acquires or receives property taken by such
shall be considered as piracy. The offenders pirates or brigands or in any manner derives any
shall be considered as pirates and punished as benefit therefrom; or any person who directly or
hereinafter provided. indirectly abets the commission of piracy or
highway robbery or brigandage, shall be
e. Highway Robbery/Brigandage. The seizure of considered as an accomplice of the principal
any person for ransom, extortion or other offenders and be punished in accordance with
unlawful purposes, or the taking away of the the Rules prescribed by the Revised Penal Code.
property of another by means of violence against
or intimidation of person or force upon things of It shall be presumed that any person who does
other unlawful means, committed by any person any of the acts provided in this Section has
on any Philippine Highway. performed knowingly, unless the contrary is
proven.
Section 3. Penalties. Any person who commits
piracy or highway robbery/brigandage as herein Section 5. Repealing Clause. Pertinent portions
defined, shall, upon conviction by competents of Act No. 3815, otherwise known as the
court be punished by: Revised Penal Code; and all laws, decrees, or
orders or instructions, or parts thereof, insofar as
a. Piracy. The penalty of reclusion temporal in they are inconsistent with this Decree are hereby
its medium and maximum periods shall be repealed or modified accordingly.

Page | 44
Section 6. Effectivity. This Decree shall take 2) By receiving, directly or indirectly, any
effect upon approval. commission, gift, share, percentage, kickbacks
or any other form of pecuniary benefit from any
Done in the City of Manila, this 8th day of person and/or entity in connection with any
August, in the year of Our Lord, nineteen government contract or project or by reason of
hundred and seventy-four. the office or position of the public officer
concerned;

3) By the illegal or fraudulent conveyance or

Republic Act No. 7080 July 12, 1991 disposition of assets belonging to the National
Government or any of its subdivisions, agencies
or instrumentalities or government-owned or -
AN ACT DEFINING AND PENALIZING
controlled corporations and their subsidiaries;
THE CRIME OF PLUNDER
4) By obtaining, receiving or accepting directly
Be it enacted by the Senate and House of
or indirectly any shares of stock, equity or any
Representatives of the Philippines in Congress
other form of interest or participation including
assembled::
promise of future employment in any business
enterprise or undertaking;
Section 1. Definition of Terms - As used in this
Act, the term -
5) By establishing agricultural, industrial or
commercial monopolies or other combinations
a) Public Officer means any person holding any and/or implementation of decrees and orders
public office in the Government of the Republic intended to benefit particular persons or special
of the Philippines by virtue of an appointment, interests; or
election or contract.
6) By taking undue advantage of official
b) Government includes the National position, authority, relationship, connection or
Government, and any of its subdivisions, influence to unjustly enrich himself or
agencies or instrumentalities, including themselves at the expense and to the damage and
government-owned or -controlled corporations prejudice of the Filipino people and the Republic
and their subsidiaries. of the Philippines.
c) Person includes any natural or juridical See Section 2 As amended by Section 12 of RA
person, unless the context indicates otherwise. No.7659
Section 2. Definition of the Crime of Plunder;
d) Ill-gotten wealth means any asset, property, Penalties - Any public officer who, by himself
business enterprise or material possession of any or in connivance with members of his family,
person within the purview of Section Two (2) relatives by affinity or consanguinity, business
hereof, acquired by him directly or indirectly associates, subordinates or other persons,
through dummies, nominees, agents, amasses, accumulates or acquires ill-gotten
subordinates and/or business associates by any wealth through a combination or series of overt
combination or series of the following means or or criminal acts as described in Section 1(d)
similar schemes: hereof, in the aggregate amount or total value of
at least Seventy-five million pesos
1) Through misappropriation, conversion, (P75,000,000.00), shall be guilty of the crime of
misuse, or malversation of public funds or raids plunder and shall be punished by life
on the public treasury; imprisonment with perpetual absolute
disqualification from holding any public office.
Any person who participated with said public

Page | 45
officer in the commission of plunder shall to any person or circumstance is held invalid, the
likewise be punished. In the imposition of remaining provisions of this Act and the
penalties, the degree of participation and the application of such provisions to other persons
attendance of mitigating and extenuating or circumstances shall not be affected thereby.
circumstances shall be considered by the court.
The court shall declare any and all ill-gotten Section 8. Scope - This Act shall not apply to or
wealth and their interests and other incomes and affect pending prosecutions or proceedings, or
assets including the properties and shares of those which may be instituted under Executive
stock derived from the deposit or investment Order No. 1, issued and promulgated on
thereof forfeited in favor of the State. February 28, 1986.

Section 3. Competent Court - Until otherwise Section 9. Effectivity - This Act shall take effect
provided by law, all prosecutions under this Act after fifteen (15) days from its publication in the
shall be within the original jurisdiction of the Official Gazette and in a newspaper of general
Sandiganbayan. circulation.

Section 4. Rule of Evidence - For purposes of Approved: July 12, 1991

establishing the crime of plunder, it shall not be
necessary to prove each and every criminal act
done by the accused in furtherance of the
scheme or conspiracy to amass, accumulate or Section 12. Section 2 of Republic Act No. 7080
acquire ill-gotten wealth, it being sufficient to (An Act Defining and Penalizing the Crime of
establish beyond reasonable doubt a pattern of Plunder) is hereby amended to read as follows:
overt or criminal acts indicative of the overall
unlawful scheme or conspiracy. "Sec. 2. Definition of the Crime of Plunder;
Penalties. - Any public officer who, by himself
Section 5. Suspension and Loss of Benefits - or in connivance with members of his family,
Any public officer against whom any criminal relatives by affinity or consanguinity, business
prosecution under a valid information under this associates, subordinates or other persons,
Act in whatever stage of execution and mode of amasses, accumulates or acquires ill-gotten
participation, is pending in court, shall be wealth through a combination or series of overt
suspended from office. Should he be convicted criminal acts as described in Section 1 (d) hereof
by final judgment, he shall lose all retirement or in the aggregate amount or total value of at least
gratuity benefits under any law, but if he is Fifty million pesos (P50,000,000.00) shall be
acquitted, he shall be entitled to reinstatement guilty of the crime of plunder and shall be
and to the salaries and other benefits which he punished by reclusion perpetua to death. Any
failed to receive during suspension, unless in the person who participated with the said public
meantime, administrative proceedings have been officer in the commission of an offense
filed against him. contributing to the crime of plunder shall
likewise be punished for such offense. In the
Section 6. Prescription of Crimes - The crime imposition of penalties, the degree of
punishable under this Act shall prescribe in participation and the attendance of mitigating
twenty (20) years. However, the right of the and extenuating circumstances, as provided by
State to recover properties unlawfully acquired the Revised Penal Code, shall be considered by
by public officers from them or from their the court. The court shall declare any and all ill-
nominees or transferees shall not be barred by gotten wealth and their interests and other
prescription, laches, or estoppel. incomes and assets including the properties and
shares of stocks derived from the deposit or
Section 7. Separability of Provisions - If any investment thereof forfeited in favor of the
provisions of this Act or the application thereof State." (RA No. 7659)

Page | 46
REPUBLIC ACT No. 7877 or privileges; or the refusal to grant the sexual
favor results in limiting, segregating or
AN ACT DECLARING SEXUAL classifying the employee which in any way
HARASSMENT UNLAWFUL IN THE would discriminate, deprive ordiminish
EMPLOYMENT, EDUCATION OR employment opportunities or otherwise
TRAINING ENVIRONMENT, AND FOR adversely affect said employee;
OTHER PURPOSES.
(2) The above acts would impair the employee's
Be it enacted by the Senate and House of rights or privileges under existing labor laws; or
Representatives of the Philippines in Congress
assembled: (3) The above acts would result in an
intimidating, hostile, or offensive environment
Section 1. Title. - This Act shall be known as the for the employee.
"Anti-Sexual Harassment Act of 1995."
(b) In an education or training environment,
Section 2. Declaration of Policy. - The State sexual harassment is committed:
shall value the dignity of every individual,
enhance the development of its human (1) Against one who is under the care, custody
resources, guarantee full respect for human or supervision of the offender;
rights, and uphold the dignity of workers,
employees, applicants for employment, students (2) Against one whose education, training,
or those undergoing training, instruction or apprenticeship or tutorship is entrusted to the
education. Towards this end, all forms of sexual offender;
harassment in the employment, education or
training environment are hereby declared (3) When the sexual favor is made a condition to
unlawful. the giving of a passing grade, or the granting of
honors and scholarships, or the payment of a
Section 3. Work, Education or Training - stipend, allowance or other benefits, privileges,
Related, Sexual Harassment Defined. - Work, or consideration; or
education or training-related sexual harassment
is committed by an employer, employee, (4) When the sexual advances result in an
manager, supervisor, agent of the employer, intimidating, hostile or offensive environment
teacher, instructor, professor, coach, trainor, or for the student, trainee or apprentice.
any other person who, having authority,
influence or moral ascendancy over another in a Any person who directs or induces another to
work or training or education environment, commit any act of sexual harassment as herein
demands, requests or otherwise requires any defined, or who cooperates in the commission
sexual favor from the other, regardless of thereof by another without which it would not
whether the demand, request or requirement for have been committed, shall also be held liable
submission is accepted by the object of said Act. under this Act.

(a) In a work-related or employment Section 4. Duty of the Employer or Head of

environment, sexual harassment is committed Office in a Work-related, Education or Training
when: Environment. - It shall be the duty of the
employer or the head of the work-related,
(1) The sexual favor is made as a condition in educational or training environment or
the hiring or in the employment, re-employment institution, to prevent or deter the commission of
or continued employment of said individual, or acts of sexual harassment and to provide the
in granting said individual favorable procedures for the resolution, settlement or
compensation, terms of conditions, promotions, prosecution of acts of sexual harassment.

Page | 47
Towards this end, the employer or head of office Section 5. Liability of the Employer, Head of
shall: Office, Educational or Training Institution. -
The employer or head of office, educational or
(a) Promulgate appropriate rules and regulations training institution shall be solidarily liable for
in consultation with and joint1y approved by the damages arising from the acts of sexual
employees or students or trainees, through their harassment committed in the employment,
duly designated representatives, prescribing the education
procedure for the investigation of sexual
harassment cases and the administrative or training environment if the employer or head
sanctions therefor. of office, educational or training institution is
informed of such acts by the offended party and
Administrative sanctions shall not be a bar to no immediate action is taken.
prosecution in the proper courts for unlawful
acts of sexual harassment. Section 6. Independent Action for Damages. -
Nothing in this Act shall preclude the victim of
The said rules and regulations issued pursuant to work, education or training-related sexual
this subsection (a) shall include, among others, harassment from instituting a separate and
guidelines on proper decorum in the workplace independent action for damages and other
and educational or training institutions. affirmative relief.

(b) Create a committee on decorum and Section 7. Penalties. - Any person who violates
investigation of cases on sexual harassment. The the provisions of this Act shall, upon conviction,
committee shall conduct meetings, as the case be penalized by imprisonment of not less than
may be, with officers and employees, teachers, one (1) month nor more than six (6) months, or a
instructors, professors, coaches, trainors, and fine of not less than Ten thousand pesos
students or trainees to increase understanding (P10,000) nor more than Twenty thousand pesos
and prevent incidents of sexual harassment. It (P20,000), or both such fine and imprisonment
shall also conduct the investigation of alleged at the discretion of the court.
cases constituting sexual harassment.
Any action arising from the violation of the
In the case of a work-related environment, the provisions of this Act shall prescribe in three (3)
committee shall be composed of at least one (1) years.
representative each from the management, the
union, if any, the employees from the Section 8. Separability Clause. - If any portion
supervisory rank, and from the rank and file or provision of this Act is declared void or
employees. unconstitutional, the remaining portions or
provisions hereof shall not be affected by such
In the case of the educational or training declaration.
institution, the committee shall be composed of
at least one (1) representative from the Section 9. Repealing Clause. - All laws, decrees,
administration, the trainors, instructors, orders, rules and regulations, other issuances, or
professors or coaches and students or trainees, as parts thereof inconsistent with the provisions of
the case may be. this Act are hereby repealed or modified
accordingly.
The employer or head of office, educational or
training institution shall disseminate or post a Section 10. Effectivity Clause.- This Act shall
copy of this Act for the information of all take effect fifteen (15) days after its complete
concerned. publication in at least two (2) national
newspapers of general circulation.

Page | 48
REPUBLIC ACT N0. 9745 all other relevant international human rights
instruments to which the Philippines is a
AN ACT PENALIZING TORTURE AND signatory.
OTHER CRUEL, INHUMAN AND
DEGRADING TREATMENT OR Section 3. Definitions. - For purposes of this
PUNISHMENT AND PRESCRIBING Act, the following terms shall mean:
PENALTIES THEREFOR
(a) "Torture" refers to an act by which severe
Be it enacted by the Senate and House of pain or suffering, whether physical or mental, is
Representatives of the Philippines in Congress intentionally inflicted on a person for such
assembled: purposes as obtaining from him/her or a third
person information or a confession; punishing
Section 1. Short Title. - This Ad shall be known him/her for an act he/she or a third person has
as the "Anti-Torture Act of 2009". committed or is suspected of having committed;
or intimidating or coercing him/her or a third
Section 2. Statement of Policy. - It is hereby person; or for any reason based on
declared the policy of the State: discrimination of any kind, when such pain or
suffering is inflicted by or at the instigation of or
(a) To value the dignity of every human person with the consent or acquiescence of a person in
and guarantee full respect for human rights; authority or agent of a person in authority. It
does not include pain or Buffering arising only
(b) To ensure that the human rights of all from, inherent in or incidental to lawful
persons, including suspects, detainees and sanctions.
prisoners are respected at all times; and that no
person placed under investigation or held in (b) "Other cruel, inhuman and degrading
custody of any person in authority or, agent of a treatment or punishment" refers to a deliberate
person authority shall be subjected to physical, and aggravated treatment or punishment not
psychological or mental harm, force, violence, enumerated under Section 4 of this Act, inflicted
threat or intimidation or any act that impairs by a person in authority or agent of a person in
his/her free wi11 or in any manner demeans or authority against a person under his/her custody,
degrades human dignity; which attains a level of severity causing
suffering, gross humiliation or debasement to the
(c) To ensure that secret detention places, latter.
solitary, incommunicado or other similar forms
of detention, where torture may be carried out (c) "Victim" refers to the person subjected to
with impunity, are prohibited; and torture or other cruel, inhuman and degrading
treatment or punishment as defined above and
(d) To fully adhere to the principles and any individual who has suffered harm as a result
standards on the absolute condemnation and of any act(s) of torture, or other cruel, inhuman
prohibition of torture as provided for in the 1987 and degrading treatment or punishment.
Philippine Constitution; various international
instruments to which the Philippines is a State (d) "Order of Battle" refers to any document or
party such as, but not limited to, the determination made by the military, police or
International Covenant on Civil and Political any law enforcement agency of the government,
Rights (ICCPR), the Convention on the Rights listing the names of persons and organizations
of the Child (CRC), the Convention on the that it perceives to be enemies of the State and
Elimination of All Forms of Discrimination that it considers as legitimate targets as
Against Women (CEDA W) and the Convention combatants that it could deal with, through the
Against Torture and Other Cruel, Inhuman or use of means allowed by domestic and
Degrading Treatment or Punishment (CAT); and international law.

Page | 49
Section 4. Acts of Torture. - For purposes of this (11) Harmful exposure to the elements such as
Act, torture shall include, but not be limited to, sunlight and extreme cold;
the following:
(12) The use of plastic bag and other materials
(a) Physical torture is a form of treatment or placed over the head to the point of
punishment inflicted by a person in authority or asphyxiation;
agent of a person in authority upon another in
his/her custody that causes severe pain, (13) The use of psychoactive drugs to change
exhaustion, disability or dysfunction of one or the perception, memory. alertness or will of a
more parts of the body, such as: person, such as:

(1) Systematic beating, headbanging, punching, (i) The administration or drugs to induce
kicking, striking with truncheon or rifle butt or confession and/or reduce mental competency; or
other similar objects, and jumping on the
stomach; (ii) The use of drugs to induce extreme pain or
certain symptoms of a disease; and
(2) Food deprivation or forcible feeding with
spoiled food, animal or human excreta and other (14) Other analogous acts of physical torture;
stuff or substances not normally eaten; and

(3) Electric shock; (b) "Mental/Psychological Torture" refers to acts

committed by a person in authority or agent of a
(4) Cigarette burning; burning by electrically person in authority which are calculated to affect
heated rods, hot oil, acid; by the rubbing of or confuse the mind and/or undermine a person's
pepper or other chemical substances on mucous dignity and morale, such as:
membranes, or acids or spices directly on the
wound(s); (1) Blindfolding;

(5) The submersion of the head in water or water (2) Threatening a person(s) or his/fher relative(s)
polluted with excrement, urine, vomit and/or with bodily harm, execution or other wrongful
blood until the brink of suffocation; acts;

(6) Being tied or forced to assume fixed and (3) Confinement in solitary cells or secret
stressful bodily position; detention places;

(7) Rape and sexual abuse, including the (4) Prolonged interrogation;
insertion of foreign objects into the sex organ or
rectum, or electrical torture of the genitals; (5) Preparing a prisoner for a "show trial",
public display or public humiliation of a
(8) Mutilation or amputation of the essential detainee or prisoner;
parts of the body such as the genitalia, ear,
tongue, etc.; (6) Causing unscheduled transfer of a person
deprived of liberty from one place to another,
(9) Dental torture or the forced extraction of the creating the belief that he/she shall be summarily
teeth; executed;

(10) Pulling out of fingernails; (7) Maltreating a member/s of a person's family;

Page | 50
(8) Causing the torture sessions to be witnessed incommunicado or other similar forms of
by the person's family, relatives or any third detention, where torture may be carried out with
party; impunity. Are hereby prohibited.

(9) Denial of sleep/rest; In which case, the Philippine National Police

(PNP), the Armed Forces of the Philippines
(10) Shame infliction such as stripping the (AFP) and other law enforcement. agencies
person naked, parading him/her in public places, concerned shall make an updated list of all
shaving the victim's head or putting marks on detention centers and facilities under their
his/her body against his/her will; respective jurisdictions with the corresponding
data on the prisoners or detainees incarcerated or
(11) Deliberately prohibiting the victim to detained therein such as, among others, names,
communicate with any member of his/her date of arrest and incarceration, and the crime or
family; and offense committed. This list shall be made
available to the public at all times, with a copy
(12) Other analogous acts of of the complete list available at the respective
mental/psychological torture. national headquarters of the PNP and AFP. A
copy of the complete list shall likewise be
Section 5. Other Cruel, Inhuman and Degrading submitted by the PNP, AFP and all other law
Treatment or Punishment. - Other cruel, enforcement agencies to the Commission on
inhuman or degrading treatment or punishment Human Rights (CHR), such list to be
refers to a deliberate and aggravated treatment or periodically updated, by the same agencies,
punishment not enumerated under Section 4 of within the first five (5) days of every month at
this Act, inflicted by a person in authority or the minimum. Every regional office of the PNP,
agent of a person in authority against another AFP and other law enforcement agencies shall
person in custody, which attains a level of also maintain a similar list far all detainees and
severity sufficient to cause suffering, gross detention facilities within their respective areas,
humiliation or debasement to the latter. The and shall make the same available to the public
assessment of the level of severity shall depend at all times at their respective regional
on all the circumstances of the case, including headquarters, and submit a copy. updated in the
the duration of the treatment or punishment, its same manner provided above, to the respective
physical and mental effects and, in some cases, regional offices of the CHR.
the sex, religion, age and state of health of the
victim. Section 8. Applicability of the Exclusionary
Rule; Exception. - Any confession, admission or
Section 6. Freedom from Torture and Other statement obtained as a result of torture shall be
Cruel, Inhuman and Degrading Treatment or inadmissible in evidence in any proceedings,
Punishment, An Absolute Bight. - Torture and except if the same is used as evidence against a
other cruel, inhuman and degrading treatment or person or persons accused of committing torture.
punishment as criminal acts shall apply to all
circumstances. A state of war or a threat of war, Section 9. Institutional Protection of Torture
internal political instability, or any other public Victims and Other Persons Involved. - A victim
emergency, or a document or any determination of torture shall have the following rights in the
comprising an "order of battle" shall not and can institution of a criminal complaint for torture:
never be invoked as a justification for torture
and other cruel, inhuman and degrading (a) To have a prompt and an impartial
treatment or punishment. investigation by the CHR and by agencies of
government concerned such as the Department
Section 7. Prohibited Detention. - Secret of Justice (DOJ), the Public Attorney's Office
detention places, solitary confinement, (PAO), the PNP, the National Bureau of

Page | 51
Investigation (NBI) and the AFP. A prompt Section 12. Right to' Physical, Medical and
investigation shall mean a maximum period of Psychological Examination. - Before and after
sixty (60) working days from the time a interrogation, every person arrested, detained or
complaint for torture is filed within which an under custodial investigation shall have the right
investigation report and/or resolution shall be to he informed of his/her right to demand
completed and made available. An appeal physical examination by an independent and
whenever available shall be resolved within the competent doctor of his/her own choice. If such
same period prescribed herein, person cannot afford the services of his/her own
doctor, he/she shall he provided by the State
(b) To have sufficient government protection with a competent and independent doctor to
against all forms of harassment; threat and/or conduct physical examination. The State shall
intimidation as a consequence of the filing of endeavor to provide the victim with
said complaint or the presentation of evidence psychological evaluation if available under the
therefor. In which case, the State through its circumstances. If the person arrested is a female,
appropriate agencies shall afford security in she shall be attended to preferably by a female
order to ensure his/her safety and all other doctor. Furthermore, any person arrested,
persons involved in the investigation and detained or under custodial investigation,
prosecution such as, but not limited to, his/her including his/her immediate family, shall have
lawyer, witnesses and relatives; and the right to immediate access to proper and
adequate medical treatment. The physical
(c) To be accorded sufficient protection in the examination and/or psychological evaluation of
manner by which he/she testifies and presents the victim shall be contained in a medical report,
evidence in any fora in order to avoid further duly signed by the attending physician, which
trauma. shall include in detail his/her medical history
and findings, and which shall he attached to the
Section 10. Disposition of Writs of Habeas custodial investigation report. Such report shall
Corpus, Amparo and Habeas Data Proceedings be considered a public document.
and Compliance with a Judicial 07'der. - A writ
of habeas corpus or writ of amparo or writ of Following applicable protocol agreed upon by
habeas data proceeding, if any, filed on behalf of agencies tasked to conduct physical,
the victim of torture or other cruel, degrading psychological and mental examinations, the
and inhuman treatment or punishment shall be medical reports shall, among others, include:
disposed of expeditiously and any order of
release by virtue thereof, or other appropriate (a) The name, age and address of the patient or
order of a court relative thereto, shall be victim;
executed or complied with immediately.
(b) The name and address of the nearest kin of
Section 11. Assistance in Filing a Complaint. - the patient or victim;
The CHR and the PAO shall render legal
assistance in the investigation and monitoring (c) The name and address of the person who
and/or filing of the complaint for a person who brought the patient or victim for physical,
suffers torture and other cruel, inhuman and psychological and mental examination, and/or
degrading treatment or punishment, or for any medical treatment;
interested party thereto.
(d) The nature and probable cause of the patient
The victim or interested party may also seek or victim's injury, pain and disease and/or
legal assistance from the Barangay Human trauma;
Rights Action Center (BRRAC) nearest him/her
as well as from human rights nongovernment
organizations (NGOs).

Page | 52
(e) The approximate time and date when the others within his/her area of responsibility and,
injury, pain, disease and/or trauma was/were despite such knowledge, did not take preventive
sustained; or corrective action either before, during or
immediately after its commission, when he/she
(f) The place where the injury, pain, disease has the authority to prevent or investigate
and/or trauma was/were sustained; allegations of torture or other cruel, inhuman
and degrading treatment or punishment but
(g) The time, date and nature of treatment failed to prevent or investigate allegations of
necessary; and such act, whether deliberately or due to
negligence shall also be liable as principals.
(h) The diagnosis, the prognosis and/or
disposition of the patient. Any public officer or employee shall be liable as
an accessory if he/she has knowledge that torture
Any person who does not wish to avail of the or other cruel, inhuman and degrading treatment
rights under this pr<;lvision may knowingly and or punishment is being committed and without
voluntarily waive such rights in writing, having participated therein, either as principal or
executed in the presence and assistance of accomplice, takes part subsequent to its
his/her counsel. commission in any of the following manner:

Section 13. Who are Criminally Liable. - Any (a) By themselves profiting from or assisting the
person who actually participated Or induced offender to profit from the effects of the act of
another in the commission of torture or other torture or other cruel, inhuman and degrading
cruel, inhuman and degrading treatment or treatment or punishment;
punishment or who cooperated in the execution
of the act of torture or other cruel, inhuman and (b) By concealing the act of torture or other
degrading treatment or punishment by previous cruel, inhuman and degrading treatment or
or simultaneous acts shall be liable as principal punishment and/or destroying the effects or
instruments thereof in order to prevent its
Any superior military, police or law enforcement discovery; or(c) By harboring, concealing or
officer or senior government official who issued assisting m the escape of the principal/s in the
an order to any lower ranking personnel to act of torture or other cruel, inhuman and
commit torture for whatever purpose shall be degrading treatment or punishment: Provided,
held equally liable as principals. That the accessory acts are done with the abuse
of the official's public functions.
The immediate commanding officer of the unit
concerned of the AFP or the immediate senior Section 14. Penalties. - (a) The penalty of
public official of the PNP and other law reclusion perpetua shall be imposed upon the
enforcement agencies shall be held liable as a perpetrators of the following acts:
principal to the crime of torture or other cruel or
inhuman and degrading treatment or punishment (1) Torture resulting in the death of any person;
for any act or omission, or negligence
committed by him/her that shall have led, (2) Torture resulting in mutilation;
assisted, abetted or allowed, whether directly or
indirectly, the commission thereof by his/her (3) Torture with rape;
subordinates. If he/she has knowledge of or,
owing to the circumstances at the time, should (4) Torture with other forms of sexual abuse
have known that acts of torture or other cruel, and, in consequence of torture, the victim shall
inhuman and degrading treatment or punishment have become insane, imbecile, impotent, blind
shall be committed, is being committed, or has or maimed for life; and
been committed by his/her subordinates or by

Page | 53
(5) Torture committed against children. degrading treatment or punishment as defined in
Section 5 of this Act.
(b) The penalty of reclusion temporal shall be
imposed on those who commit any act of (i) The penalty of prision correccional shall be
mental/psychological torture resulting in imposed upon those who establish, operate and
insanity, complete or partial amnesia, fear of maintain secret detention places and/or effect or
becoming insane or suicidal tendencies of the cause to effect solitary confinement,
victim due to guilt, worthlessness or shame. incommunicado or other similar forms of
prohibited detention as provided in Section 7 of
(c) The penalty of prision correccional shall be this Act where torture may be carried out with
imposed on those who commit any act of torture impunity.
resulting in psychological, mental and emotional
harm other than those described 1n paragraph (j) The penalty of arresto mayor shall be
(b) of this section. ' imposed upon the responsible officers or
personnel of the AFP, the PNP and other law
(d) The penalty of prision mayor in its medium enforcement agencies for failure to perform
and maximum periods shall be imposed if, in his/her duty to maintain, submit or make
consequence of torture, the victim shall have lost available to the public an updated list of
the power of speech or the power to hear or to detention centers and facilities with the
smell; or shall have lost an eye, a hand, a foot, corresponding data on the prisoners or detainees
an arm or a leg; or shall have lost the use of any incarcerated or detained therein, pursuant to
such member; Or shall have become Section 7 of this Act.
permanently incapacitated for labor.
Section 15. Torture as a Separate and
(e) The penalty of prision mayor in its minimum Independent Crime. - Torture as a crime shall
and medium periods shall be imposed if, in not absorb or shall not be absorbed by any other
consequence of torture, the victim shall have crime or felony committed as a consequence, or
become deformed or shall have lost any part of as a means in the conduct or commission
his/her body other than those aforecited, or shall thereof. In which case, torture shall be treated as
have lost the use thereof, or shall have been ill or a separate and independent criminal act whose
incapacitated for labor for a period of more than penalties shall be imposable without prejudice to
ninety (90) days. any other criminal liability provided for by
domestic and international laws.
(f) The penalty of prision correccional in its
maximum period to prision mayor in its Section 16. Exclusion from the Coverage of
minimum period shall be imposed if, in Special Amnesty Law. - In order not to
consequence of torture, the victim shall have depreciate the crime of torture, persons who
been ill or incapacitated for labor for mare than have committed any act of torture shall not
thirty (30) days but not more than ninety (90) benefit from any special amnesty law or similar
days. measures that will have the effect of exempting
them from any criminal proceedings and
(g) The penalty of prision correccional in its sanctions.
minimum and medium period shall be imposed
if, in consequence of torture, the victim shall Section 17. Applicability of Refouler. - No
have been ill or incapacitated for labor for thirty person shall be expelled, returned or extradited
(30) days or less. to another State where there are substantial
grounds to believe that such person shall be in
(h) The penalty of arresto mayor shall be danger of being subjected to torture. For the
imposed for acts constituting cruel, inhuman or purposes of determining whether such grounds
exist, the Secretary of the Department of Foreign

Page | 54
Affairs (DFA) and the Secretary of the DOJ, in Representatives' Committees on Justice and
coordination with the Chairperson of the CHR, Human Rights, and the Minority Leaders of both
shall take into account all relevant houses or their respective representatives in the
considerations including, where applicable and minority.
not limited to, the existence in the requesting
State of a consistent pattern of gross, flagrant or Section 21. Education and Information
mass violations of human rights. Campaign. - The CHR, the DOJ, the Department
of National Defense (DND), the Department of
Section 18. Compensation to Victims of the Interior and Local Government (DILG) and
Torture. - Any person who has suffered torture such other concerned parties in both the public
shall have the right to claim for compensation as and private sectors shall ensure that education
provided for under Republic Act No. 7309: and information regarding prohibition against
Provided, That in no case shall compensation be torture and other cruel, inhuman and degrading
any lower than Ten thousand pesos treatment or punishment shall be fully included
(P10,000.00). Victims of torture shall also have in the training of law enforcement personnel,
the right to claim for compensation from such civil or military, medical personnel, public
other financial relief programs that may be made officials and other persons who may be involved
available to him/her under existing law and rules in the custody, interrogation or treatment of any
and regulations. individual subjected to any form of arrest,
detention or imprisonment. The Department of
Section 19. Formulation of a Rehabilitation Education (DepED) and the Commission on
Program. - Within one (1) year from the Higher Education (CHED) shall also ensure the
effectivity of this Act, the Department of Social integration of human rights education courses in
Welfare and Development (DSWD), the DOJ all primary, secondary and tertiary level
and the Department of Health (DOH) and such academic institutions nationwide.
other concerned government agencies, and
human rights organizations shall formulate a Section 22. Applicability of the Revised Penal
comprehensive rehabilitation program for Code. - The provisions of the Revised Penal
victims of torture and their families. The Code insofar as they are applicable shall be
DSWD, the DOJ and thc DOH shall also call on suppletory to this Act. Moreover, if the
human rights nongovernment organizations duly commission of any crime punishable under Title
recognized by the government to actively Eight (Crimes Against Persons) and Title Nine
participate in the formulation of such program (Crimes Against Personal Liberty and Security)
that shall provide for the physical, mental, of the Revised Penal Code is attended by any of
social, psychological healing and development the acts constituting torture and other cruel,
of victims of torture and their families. Toward inhuman and degrading treatment or punishment
the attainment of restorative justice, a parallel as defined herein, the penalty to be imposed
rehabilitation program for persons who have shall be in its maximum period.
committed torture and other cruel, inhuman and
degrading punishment shall likewise be Section 23. Appropriations. - The amount of
formulated by the same agencies. Five million pesos (Php5,000,000.00) is hereby
appropriated to the CHR for the initial
Section 20. Monitoring of Compliance with this implementation of tills Act. Thereafter, such
Act. - An Oversight Committee is hereby created sums as may be necessary for the continued
to periodically oversee the implementation of implementation of this Act shall be included in
this Act. The Committee shall be headed by a the annual General Appropriations Act.
Commissioner of the CRR, with the following as
members: the Chairperson of the Senate Section 24. Implementing Rules and
Committee on Justice and Human Rights, the Regulations. - The DOJ and the CHR, with the
respective Chairpersons of the House of active participation of human rights

Page | 55
nongovernmental organizations, shall State shall give highest priority to the enactment
promulgate the rules and regulations for the of measures and development of programs that
effective implementation of tills Act. They shall will promote human dignity, protect the people
also ensure the full dissemination of such rules from any threat of violence and exploitation,
and regulations to all officers and members of eliminate trafficking in persons, and mitigate
various law enforcement agencies. pressures for involuntary migration and
servitude of persons, not only to support
Section 25. Separability Clause. - If any trafficked persons but more importantly, to
provision of this Act is declared invalid or ensure their recovery, rehabilitation and
unconstitutional, the other provisions not reintegration into the mainstream of society.
affected thereby shall continue to be in full force
and effect. It shall be a State policy to recognize the equal
rights and inherent human dignity of women and
Section 26. Repealing Clause. - All laws, men as enshrined in the United Nations
decrees, executive orders or rules and Universal Declaration on Human Rights, United
regulations contrary to or inconsistent with the Nations Convention on the Rights of the Child,
provisions of this Act are hereby repealed or United Nations Convention on the Protection of
modified accordingly. Migrant Workers and their Families. United
Nations Convention Against Transnational
Section 27. Effectivity. - This Act shall take Organized Crime Including its Protocol to
effect fifteen (15) days after its publication in Prevent, Suppress and Punish Trafficking in
the Official Gazette or in at least two (2) Persons, Especially Women and Children and all
newspapers of general circulation. other relevant and universally accepted human
rights instruments and other international
conventions to which the Philippines is a
signatory.
Republic Act No. 9208 May 26, 2003
Section 3. Definition of Terms. - As used in this
Act:
AN ACT TO INSTITUTE POLICIES TO
ELIMINATE TRAFFICKING IN PERSONS
(a) Trafficking in Persons - refers to the
ESPECIALLY WOMEN AND CHILDREN,
recruitment, transportation, transfer or
ESTABLISHING THE NECESSARY
harboring, or receipt of persons with or without
INSTITUTIONAL MECHANISMS FOR
the victim's consent or knowledge, within or
THE PROTECTION AND SUPPORT OF
across national borders by means of threat or use
TRAFFICKED PERSONS, PROVIDING
of force, or other forms of coercion, abduction,
PENALTIES FOR ITS VIOLATIONS, AND
fraud, deception, abuse of power or of position,
FOR OTHER
taking advantage of the vulnerability of the
person, or, the giving or receiving of payments
Be it enacted by the Senate and the House of or benefits to achieve the consent of a person
Representatives of the Philippines in Congress having control over another person for the
assembled: purpose of exploitation which includes at a
minimum, the exploitation or the prostitution of
Section 1. Title. This Act shall be known as others or other forms of sexual exploitation,
the "Anti-Trafficking in Persons Act of forced labor or services, slavery, servitude or the
2003". removal or sale of organs.

Section 2. Declaration of Policy. It is hereby The recruitment, transportation, transfer,

declared that the State values the dignity of harboring or receipt of a child for the purpose of
every human person and guarantees the respect exploitation shall also be considered as
of individual rights. In pursuit of this policy, the

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"trafficking in persons" even if it does not (h) Pornography - refers to any representation,
involve any of the means set forth in the through publication, exhibition, cinematography,
preceding paragraph. indecent shows, information technology, or by
whatever means, of a person engaged in real or
(b) Child - refers to a person below eighteen (18) simulated explicit sexual activities or any
years of age or one who is over eighteen (18) but representation of the sexual parts of a person for
is unable to fully take care of or protect primarily sexual purposes.
himself/herself from abuse, neglect, cruelty,
exploitation, or discrimination because of a (i) Council - shall mean the Inter-Agency
physical or mental disability or condition. Council Against Trafficking created under
Section 20 of this Act.
(c) Prostitution - refers to any act, transaction,
scheme or design involving the use of a person Section 4. Acts of Trafficking in Persons. - It
by another, for sexual intercourse or lascivious shall be unlawful for any person, natural or
conduct in exchange for money, profit or any juridical, to commit any of the following acts:
other consideration.
(a) To recruit, transport, transfer; harbor,
(d) Forced Labor and Slavery - refer to the provide, or receive a person by any means,
extraction of work or services from any person including those done under the pretext of
by means of enticement, violence, intimidation domestic or overseas employment or training or
or threat, use of force or coercion, including apprenticeship, for the purpose of prostitution,
deprivation of freedom, abuse of authority or pornography, sexual exploitation, forced labor,
moral ascendancy, debt-bondage or deception. slavery, involuntary servitude or debt bondage;

(e) Sex Tourism - refers to a program organized (b) To introduce or match for money, profit, or
by travel and tourism-related establishments and material, economic or other consideration, any
individuals which consists of tourism packages person or, as provided for under Republic Act
or activities, utilizing and offering escort and No. 6955, any Filipino woman to a foreign
sexual services as enticement for tourists. This national, for marriage for the purpose of
includes sexual services and practices offered acquiring, buying, offering, selling or trading
during rest and recreation periods for members him/her to engage in prostitution, pornography,
of the military. sexual exploitation, forced labor, slavery,
involuntary servitude or debt bondage;
(f) Sexual Exploitation - refers to participation
by a person in prostitution or the production of (c) To offer or contract marriage, real or
pornographic materials as a result of being simulated, for the purpose of acquiring, buying,
subjected to a threat, deception, coercion, offering, selling, or trading them to engage in
abduction, force, abuse of authority, debt prostitution, pornography, sexual exploitation,
bondage, fraud or through abuse of a victim's forced labor or slavery, involuntary servitude or
vulnerability. debt bondage;

(g) Debt Bondage - refers to the pledging by the (d) To undertake or organize tours and travel
debtor of his/her personal services or labor or plans consisting of tourism packages or
those of a person under his/her control as activities for the purpose of utilizing and
security or payment for a debt, when the length offering persons for prostitution, pornography or
and nature of services is not clearly defined or sexual exploitation;
when the value of the services as reasonably
assessed is not applied toward the liquidation of (e) To maintain or hire a person to engage in
the debt. prostitution or pornography;

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(f) To adopt or facilitate the adoption of persons (e) To facilitate, assist or help in the exit and
for the purpose of prostitution, pornography, entry of persons from/to the country at
sexual exploitation, forced labor, slavery, international and local airports, territorial
involuntary servitude or debt bondage; boundaries and seaports who are in possession
of unissued, tampered or fraudulent travel
(g) To recruit, hire, adopt, transport or abduct a documents for the purpose of promoting
person, by means of threat or use of force, fraud, trafficking in persons;
deceit, violence, coercion, or intimidation for the
purpose of removal or sale of organs of said (f) To confiscate, conceal, or destroy the
person; and passport, travel documents, or personal
documents or belongings of trafficked persons in
(h) To recruit, transport or adopt a child to furtherance of trafficking or to prevent them
engage in armed activities in the Philippines or from leaving the country or seeking redress from
abroad. the government or appropriate agencies; and

Section 5. Acts that Promote Trafficking in (g) To knowingly benefit from, financial or
Persons. - The following acts which promote or otherwise, or make use of, the labor or services
facilitate trafficking in persons, shall be of a person held to a condition of involuntary
unlawful: servitude, forced labor, or slavery.

(a) To knowingly lease or sublease, use or allow Section 6. Qualified Trafficking in Persons. -
to be used any house, building or establishment The following are considered as qualified
for the purpose of promoting trafficking in trafficking:
persons;
(a) When the trafficked person is a child;
(b) To produce, print and issue or distribute
unissued, tampered or fake counseling (b) When the adoption is effected through
certificates, registration stickers and certificates Republic Act No. 8043, otherwise known as the
of any government agency which issues these "Inter-Country Adoption Act of 1995" and said
certificates and stickers as proof of compliance adoption is for the purpose of prostitution,
with government regulatory and pre-departure pornography, sexual exploitation, forced labor,
requirements for the purpose of promoting slavery, involuntary servitude or debt bondage;
trafficking in persons;
(c) When the crime is committed by a syndicate,
(c) To advertise, publish, print, broadcast or or in large scale. Trafficking is deemed
distribute, or cause the advertisement, committed by a syndicate if carried out by a
publication, printing, broadcasting or group of three (3) or more persons conspiring or
distribution by any means, including the use of confederating with one another. It is deemed
information technology and the internet, of any committed in large scale if committed against
brochure, flyer, or any propaganda material that three (3) or more persons, individually or as a
promotes trafficking in persons; group;

(d) To assist in the conduct of misrepresentation (d) When the offender is an ascendant, parent,
or fraud for purposes of facilitating the sibling, guardian or a person who exercises
acquisition of clearances and necessary exit authority over the trafficked person or when the
documents from government agencies that are offense is committed by a public officer or
mandated to provide pre-departure registration employee;
and services for departing persons for the
purpose of promoting trafficking in persons;

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(e) When the trafficked person is recruited to Section 9. Venue. - A criminal action arising
engage in prostitution with any member of the from violation of this Act shall be filed where
military or law enforcement agencies; the offense was committed, or where any of its
elements occurred, or where the trafficked
(f) When the offender is a member of the person actually resides at the time of the
military or law enforcement agencies; and commission of the offense: Provided, That the
court where the criminal action is first filed shall
(g) When by reason or on occasion of the act of acquire jurisdiction to the exclusion of other
trafficking in persons, the offended party dies, courts.
becomes insane, suffers mutilation or is afflicted
with Human Immunodeficiency Virus (HIV) or Section 10. Penalties and Sanctions. - The
the Acquired Immune Deficiency Syndrome following penalties and sanctions are hereby
(AIDS). established for the offenses enumerated in this
Act:
Section 6. Confidentiality. - At any stage of the
investigation, prosecution and trial of an offense (a) Any person found guilty of committing any
under this Act, law enforcement officers, of the acts enumerated in Section 4 shall suffer
prosecutors, judges, court personnel and medical the penalty of imprisonment of twenty (20) years
practitioners, as well as parties to the case, shall and a fine of not less than One million pesos
recognize the right to privacy of the trafficked (P1,000,000.00) but not more than Two million
person and the accused. Towards this end, law pesos (P2,000,000.00);
enforcement officers, prosecutors and judges to
whom the complaint has been referred may, (b) Any person found guilty of committing any
whenever necessary to ensure a fair and of the acts enumerated in Section 5 shall suffer
impartial proceeding, and after considering all the penalty of imprisonment of fifteen (15) years
circumstances for the best interest of the parties, and a fine of not less than Five hundred
order a closed-door investigation, prosecution or thousand pesos (P500,000.00) but not more than
trial. The name and personal circumstances of One million pesos (P1,000,000.00);
the trafficked person or of the accused, or any
other information tending to establish their (c) Any person found guilty of qualified
identities and such circumstances or information trafficking under Section 6 shall suffer the
shall not be disclosed to the public. penalty of life imprisonment and a fine of not
less than Two million pesos (P2,000,000.00) but
In cases when prosecution or trial is conducted not more than Five million pesos
behind closed-doors, it shall be unlawful for any (P5,000,000.00);
editor, publisher, and reporter or columnist in
case of printed materials, announcer or producer (d) Any person who violates Section 7 hereof
in case of television and radio, producer and shall suffer the penalty of imprisonment of six
director of a film in case of the movie industry, (6) years and a fine of not less than Five hundred
or any person utilizing tri-media facilities or thousand pesos (P500,000.00) but not more than
information technology to cause publicity of any One million pesos (P1,000,000.00);
case of trafficking in persons.
(e) If the offender is a corporation, partnership,
Section 8. Prosecution of Cases. - Any person association, club, establishment or any juridical
who has personal knowledge of the commission person, the penalty shall be imposed upon the
of any offense under this Act, the trafficked owner, president, partner, manager, and/or any
person, the parents, spouse, siblings, children or responsible officer who participated in the
legal guardian may file a complaint for commission of the crime or who shall have
trafficking. knowingly permitted or failed to prevent its
commission;

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(f) The registration with the Securities and Section 12. Prescriptive Period. - Trafficking
Exchange Commission (SEC) and license to cases under this Act shall prescribe in ten (10)
operate of the erring agency, corporation, years: Provided, however, That trafficking cases
association, religious group, tour or travel agent, committed by a syndicate or in a large scale as
club or establishment, or any place of defined under Section 6 shall prescribe in twenty
entertainment shall be cancelled and revoked (20) years.
permanently. The owner, president, partner or
manager thereof shall not be allowed to operate The prescriptive period shall commence to run
similar establishments in a different name; from the day on which the trafficked person is
delivered or released from the conditions of
(g) If the offender is a foreigner, he shall be bondage and shall be interrupted by the filing of
immediately deported after serving his sentence the complaint or information and shall
and be barred permanently from entering the commence to run again when such proceedings
country; terminate without the accused being convicted
or acquitted or are unjustifiably stopped for any
(h) Any employee or official of government reason not imputable to the accused.
agencies who shall issue or approve the issuance
of travel exit clearances, passports, registration Section 13. Exemption from Filing Fees. - When
certificates, counseling certificates, marriage the trafficked person institutes a separate civil
license, and other similar documents to persons, action for the recovery of civil damages, he/she
whether juridical or natural, recruitment shall be exempt from the payment of filing fees.
agencies, establishments or other individuals or
groups, who fail to observe the prescribed Section 14. Confiscation and Forfeiture of the
procedures and the requirement as provided for Proceeds and Instruments Derived from
by laws, rules and regulations, shall be held Trafficking in Persons. - In addition to the
administratively liable, without prejudice to penalty imposed for the violation of this Act, the
criminal liability under this Act. The concerned court shall order the confiscation and forfeiture,
government official or employee shall, upon in favor of the government, of all the proceeds
conviction, be dismissed from the service and be and properties derived from the commission of
barred permanently to hold public office. His/her the crime, unless they are the property of a third
retirement and other benefits shall likewise be person not liable for the unlawful act; Provided,
forfeited; and however, That all awards for damages shall be
taken from the personal and separate properties
(i) Conviction by final judgment of the adopter of the offender; Provided, further, That if such
for any offense under this Act shall result in the properties are insufficient, the balance shall be
immediate rescission of the decree of adoption. taken from the confiscated and forfeited
properties.
Section 11. Use of Trafficked Persons. - Any
person who buys or engages the services of When the proceeds, properties and instruments
trafficked persons for prostitution shall be of the offense have been destroyed, diminished
penalized as follows: in value or otherwise rendered worthless by any
act or omission, directly or indirectly, of the
(a) First offense - six (6) months of community offender, or it has been concealed, removed,
service as may be determined by the court and a converted or transferred to prevent the same
fine of Fifty thousand pesos (P50,000.00); and from being found or to avoid forfeiture or
confiscation, the offender shall be ordered to pay
(b) Second and subsequent offenses - the amount equal to the value of the proceeds,
imprisonment of one (1) year and a fine of One property or instruments of the offense.
hundred thousand pesos (P100,000.00).

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Section 15. Trust Fund. - All fines imposed The DFA shall take necessary measures for the
under this Act and the proceeds and properties efficient implementation of the Machine
forfeited and confiscated pursuant to Section 14 Readable Passports to protect the integrity of
hereof shall accrue to a Trust Fund to be Philippine passports, visas and other travel
administered and managed by the Council to be documents to reduce the incidence of trafficking
used exclusively for programs that will prevent through the use of fraudulent identification
acts of trafficking and protect, rehabilitate, documents.
reintegrate trafficked persons into the
mainstream of society. Such programs shall It shall establish and implement a pre-marriage,
include, but not limited to, the following: on-site and pre-departure counseling program on
intermarriages.
(a) Provision for mandatory services set forth in
Section 23 of this Act; (b) Department of Social Welfare and
Development (DSWD) - shall implement
(b) Sponsorship of a national research program rehabilitative and protective programs for
on trafficking and establishment of a data trafficked persons. It shall provide counseling
collection system for monitoring and evaluation and temporary shelter to trafficked persons and
purposes; develop a system for accreditation among NGOs
for purposes of establishing centers and
(c) Provision of necessary technical and material programs for intervention in various levels of the
support services to appropriate government community.
agencies and non-government organizations
(NGOs); (c) Department of Labor and Employment
(DOLE) - shall ensure the strict implementation
(d) Sponsorship of conferences and seminars to and compliance with the rules and guidelines
provide venue for consensus building amongst relative to the employment of persons locally
the public, the academe, government, NGOs and and overseas. It shall likewise monitor,
international organizations; and document and report cases of trafficking in
persons involving employers and labor
(e) Promotion of information and education recruiters.
campaign on trafficking.
(d) Department of Justice (DOJ) - shall ensure
Section 16. Programs that Address Trafficking the prosecution of persons accused of trafficking
in Persons. - The government shall establish and and designate and train special prosecutors who
implement preventive, protective and shall handle and prosecute cases of trafficking. It
rehabilitative programs for trafficked persons. shall also establish a mechanism for free legal
For this purpose, the following agencies are assistance for trafficked persons, in coordination
hereby mandated to implement the following with the DSWD, Integrated Bar of the
programs; Philippines (IBP) and other NGOs and volunteer
groups.
(a) Department of Foreign Affairs (DFA) - shall
make available its resources and facilities (e) National Commission on the Role of Filipino
overseas for trafficked persons regardless of Women (NCRFW) - shall actively participate
their manner of entry to the receiving country, and coordinate in the formulation and
and explore means to further enhance its monitoring of policies addressing the issue of
assistance in eliminating trafficking activities trafficking in persons in coordination with
through closer networking with government relevant government agencies. It shall likewise
agencies in the country and overseas, advocate for the inclusion of the issue of
particularly in the formulation of policies and trafficking in persons in both its local and
implementation of relevant programs. international advocacy for women's issues.

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(f) Bureau of Immigration (BI) - shall strictly concerned agencies. They shall encourage and
administer and enforce immigration and alien support community based initiatives which
administration laws. It shall adopt measures for address the trafficking in persons.
the apprehension of suspected traffickers both at
the place of arrival and departure and shall In implementing this Act, the agencies
ensure compliance by the Filipino concerned may seek and enlist the assistance of
fiancs/fiances and spouses of foreign nationals NGOs, people's organizations (Pos), civic
with the guidance and counseling requirement as organizations and other volunteer groups.
provided for in this Act.
Section 17. Legal Protection to Trafficked
(g) Philippine National Police (PNP) - shall be Persons. - Trafficked persons shall be
the primary law enforcement agency to recognized as victims of the act or acts of
undertake surveillance, investigation and arrest trafficking and as such shall not be penalized for
of individuals or persons suspected to be crimes directly related to the acts of trafficking
engaged in trafficking. It shall closely coordinate enumerated in this Act or in obedience to the
with various law enforcement agencies to secure order made by the trafficker in relation thereto.
concerted efforts for effective investigation and In this regard, the consent of a trafficked person
apprehension of suspected traffickers. It shall to the intended exploitation set forth in this Act
also establish a system to receive complaints and shall be irrelevant.
calls to assist trafficked persons and conduct
rescue operations. Section 18. Preferential Entitlement Under the
Witness Protection Program. - Any provision of
(h) Philippine Overseas Employment Republic Act No. 6981 to the contrary
Administration (POEA) - shall implement an notwithstanding, any trafficked person shall be
effective pre-employment orientation seminars entitled to the witness protection program
and pre-departure counseling programs to provided therein.
applicants for overseas employment. It shall
likewise formulate a system of providing free Section 19. Trafficked Persons Who are Foreign
legal assistance to trafficked persons. Nationals. - Subject to the guidelines issued by
the Council, trafficked persons in the Philippines
(i) Department of the Interior and Local who are nationals of a foreign country shall also
Government (DILG) - shall institute a be entitled to appropriate protection, assistance
systematic information and prevention campaign and services available to trafficked persons
and likewise maintain a databank for the under this Act: Provided, That they shall be
effective monitoring, documentation and permitted continued presence in the Philippines
prosecution of cases on trafficking in persons. for a length of time prescribed by the Council as
necessary to effect the prosecution of offenders.
(j) Local government units (LGUs) - shall
monitor and document cases of trafficking in Section 20. Inter-Agency Council Against
persons in their areas of jurisdiction, effect the Trafficking. - There is hereby established an
cancellation of licenses of establishments which Inter-Agency Council Against Trafficking, to be
violate the provisions of this Act and ensure composed of the Secretary of the Department of
effective prosecution of such cases. They shall Justice as Chairperson and the Secretary of the
also undertake an information campaign against Department of Social Welfare and Development
trafficking in persons through the establishment as Co-Chairperson and shall have the following
of the Migrants Advisory and Information as members:
Network (MAIN) desks in municipalities or
provinces in coordination with DILG, Philippine (a) Secretary, Department of Foreign Affairs;
Information Agency (PIA), Commission on
Filipinos Overseas (CFO), NGOs and other

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(b) Secretary, Department of Labor and the issues and problems attendant to trafficking
Employment; in persons;

(c) Administrator, Philippine Overseas (e) Coordinate the conduct of massive

Employment Administration; information dissemination and campaign on the
existence of the law and the various issues and
(d) Commissioner, Bureau of Immigration; problems attendant to trafficking through the
LGUs, concerned agencies, and NGOs;
(e) Director-General, Philippine National Police;
(f) Direct other agencies to immediately respond
(f) Chairperson, National Commission on the to the problems brought to their attention and
Role of Filipino Women; and report to the Council on action taken;

(g) Three (3) representatives from NGOs, who (g) Assist in filing of cases against individuals,
shall be composed of one (1) representative each agencies, institutions or establishments that
from among the sectors representing women, violate the provisions of this Act;
overseas Filipino workers (OFWs) and children,
with a proven record of involvement in the (h) Formulate a program for the reintegration of
prevention and suppression of trafficking in trafficked persons in cooperation with DOLE,
persons. These representatives shall be DSWD, Technical Education and Skills
nominated by the government agency Development Authority (TESDA), Commission
representatives of the Council, for appointment on Higher Education (CHED), LGUs and
by the President for a term of three (3) years. NGOs;

The members of the Council may designate their (i) Secure from any department, bureau, office,
permanent representatives who shall have a rank agency, or instrumentality of the government or
not lower than an assistant secretary or its from NGOs and other civic organizations such
equivalent to meetings, and shall receive assistance as may be needed to effectively
emoluments as may be determined by the implement this Act;
Council in accordance with existing budget and
accounting, rules and regulations. (j) Complement the shared government
information system for migration established
Section 21. Functions of the Council. - The under Republic Act No. 8042, otherwise known
Council shall have the following powers and as the "Migrant Workers and Overseas Filipinos
functions: Act of 1995" with data on cases of trafficking in
persons, and ensure that the proper agencies
(a) Formulate a comprehensive and integrated conduct a continuing research and study on the
program to prevent and suppress the trafficking patterns and scheme of trafficking in persons
in persons; which shall form the basis for policy formulation
and program direction;
(b) Promulgate rules and regulations as may be
necessary for the effective implementation of (k) Develop the mechanism to ensure the timely,
this Act; coordinated, and effective response to cases of
trafficking in persons;
(c) Monitor and oversee the strict
implementation of this Act; (l) Recommend measures to enhance
cooperative efforts and mutual assistance among
(d) Coordinate the programs and projects of the foreign countries through bilateral and/or
various member agencies to effectively address multilateral arrangements to prevent and
suppress international trafficking in persons;

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(m) Coordinate with the Department of trafficked persons shall be adopted and carried
Transportation and Communications (DOTC), out.
Department of Trade and Industry (DTI), and
other NGOs in monitoring the promotion of Section 24. Other Services for Trafficked
advertisement of trafficking in the internet; Persons. -

(n) Adopt measures and policies to protect the (a) Legal Assistance. - Trafficked persons shall
rights and needs of trafficked persons who are be considered under the category "Overseas
foreign nationals in the Philippines; Filipino in Distress" and may avail of the legal
assistance created by Republic Act No. 8042,
(o) Initiate training programs in identifying and subject to the guidelines as provided by law.
providing the necessary intervention or
assistance to trafficked persons; and (b) Overseas Filipino Resource Centers. - The
services available to overseas Filipinos as
(p) Exercise all the powers and perform such provided for by Republic Act No. 8042 shall
other functions necessary to attain the purposes also be extended to trafficked persons regardless
and objectives of this Act. of their immigration status in the host country.

Section 22. Secretariat to the Council. - The (c) The Country Team Approach. - The country
Department of Justice shall establish the team approach under Executive Order No. 74 of
necessary Secretariat for the Council. 1993, shall be the operational scheme under
which Philippine embassies abroad shall provide
Section 23. Mandatory Services to Trafficked protection to trafficked persons insofar as the
Persons. - To ensure recovery, rehabilitation and promotion of their welfare, dignity and
reintegration into the mainstream of society, fundamental rights are concerned.
concerned government agencies shall make
available the following services to trafficked Section 25. Repatriation of Trafficked Persons. -
persons: The DFA, in coordination with DOLE and other
appropriate agencies, shall have the primary
(a) Emergency shelter or appropriate housing; responsibility for the repatriation of trafficked
persons, regardless of whether they are
(b) Counseling; documented or undocumented.

(c) Free legal services which shall include If, however, the repatriation of the trafficked
information about the victims' rights and the persons shall expose the victims to greater risks,
procedure for filing complaints, claiming the DFA shall make representation with the host
compensation and such other legal remedies government for the extension of appropriate
available to them, in a language understood by residency permits and protection, as may be
the trafficked person; legally permissible in the host country.

(d) Medical or psychological services; Section 26. Extradition. - The DOJ, in

consultation with DFA, shall endeavor to
(e) Livelihood and skills training; and include offenses of trafficking in persons among
extraditable offenses.
(f) Educational assistance to a trafficked child.
Section 27. Reporting Requirements. - The
Sustained supervision and follow through Council shall submit to the President of the
mechanism that will track the progress of Philippines and to Congress an annual report of
recovery, rehabilitation and reintegration of the the policies, programs and activities relative to
the implementation of this Act.

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Section 28. Funding. - The heads of the Republic Act No. 9262 March 08, 2004
departments and agencies concerned shall
immediately include in their programs and issue AN ACT DEFINING VIOLENCE AGAINST
such rules and regulations to implement the WOMEN AND THEIR CHILDREN,
provisions of this Act, the funding of which PROVIDING FOR PROTECTIVE
shall be included in the annual General MEASURES FOR VICTIMS,
Appropriations Act. PRESCRIBING PENALTIES
THEREFORE, AND FOR OTHER
Section 29. Implementing Rules and PURPOSES
Regulations. - The Council shall promulgate the
necessary implementing rules and regulations Be it enacted by the Senate and House of
within sixty (60) days from the effectivity of this Representatives of the Philippines in Congress
Act. assembled:

Section 30. Non-restriction of Freedom of SECTION 1. Short Title.- This Act shall be
Speech and of Association, Religion and the known as the "Anti-Violence Against Women
Right to Travel. - Nothing in this Act shall be and Their Children Act of 2004".
interpreted as a restriction of the freedom of
speech and of association, religion and the right SECTION 2. Declaration of Policy.- It is
to travel for purposes not contrary to law as hereby declared that the State values the dignity
guaranteed by the Constitution. of women and children and guarantees full
respect for human rights. The State also
Section 31. Separability Clause. - If, for any recognizes the need to protect the family and its
reason, any section or provision of this Act is members particularly women and children, from
held unconstitutional or invalid, the other violence and threats to their personal safety and
sections or provisions hereof shall not be security.
affected thereby.
Towards this end, the State shall exert efforts to
Section 32. Repealing clause. - All laws, address violence committed against women and
presidential decrees, executive orders and rules children in keeping with the fundamental
and regulations, or parts thereof, inconsistent freedoms guaranteed under the Constitution and
with the provisions of this Act are hereby the Provisions of the Universal Declaration of
repealed or modified accordingly: Provided, Human Rights, the convention on the
That this Act shall not in any way amend or Elimination of all forms of discrimination
repeal the provision of Republic Act No. 7610, Against Women, Convention on the Rights of
otherwise known as the "Special Protection of the Child and other international human rights
Children Against Child Abuse, Exploitation and instruments of which the Philippines is a party.
Discrimination Act".
SECTION 3. Definition of Terms.- As used in
Section 33. Effectivity. - This Act shall take this Act,
effect fifteen (15) days from the date of its
complete publication in at least two (2) (a) "Violence against women and their children"
newspapers of general circulation. refers to any act or a series of acts committed by
any person against a woman who is his wife,
former wife, or against a woman with whom the
person has or had a sexual or dating relationship,
or with whom he has a common child, or against
her child whether legitimate or illegitimate,
within or without the family abode, which result
in or is likely to result in physical, sexual,

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psychological harm or suffering, or economic which includes, but is not limited to the
abuse including threats of such acts, battery, following:
assault, coercion, harassment or arbitrary
deprivation of liberty. It includes, but is not 1. withdrawal of financial support or preventing
limited to, the following acts: the victim from engaging in any legitimate
profession, occupation, business or activity,
A. "Physical Violence" refers to acts that include except in cases wherein the other spouse/partner
bodily or physical harm; objects on valid, serious and moral grounds as
defined in Article 73 of the Family Code;
B. "Sexual violence" refers to an act which is
sexual in nature, committed against a woman or 2. deprivation or threat of deprivation of
her child. It includes, but is not limited to: financial resources and the right to the use and
enjoyment of the conjugal, community or
a) rape, sexual harassment, acts of property owned in common;
lasciviousness, treating a woman or her child as
a sex object, making demeaning and sexually 3. destroying household property;
suggestive remarks, physically attacking the
sexual parts of the victim's body, forcing 4. controlling the victims' own money or
her/him to watch obscene publications and properties or solely controlling the conjugal
indecent shows or forcing the woman or her money or properties.
child to do indecent acts and/or make films
thereof, forcing the wife and mistress/lover to (b) "Battery" refers to an act of inflicting
live in the conjugal home or sleep together in the physical harm upon the woman or her child
same room with the abuser; resulting to the physical and psychological or
emotional distress.
b) acts causing or attempting to cause the victim
to engage in any sexual activity by force, threat (c) "Battered Woman Syndrome" refers to a
of force, physical or other harm or threat of scientifically defined pattern of psychological
physical or other harm or coercion; and behavioral symptoms found in women
living in battering relationships as a result of
c) Prostituting the woman or child. cumulative abuse.

C. "Psychological violence" refers to acts or (d) "Stalking" refers to an intentional act

omissions causing or likely to cause mental or committed by a person who, knowingly and
emotional suffering of the victim such as but not without lawful justification follows the woman
limited to intimidation, harassment, stalking, or her child or places the woman or her child
damage to property, public ridicule or under surveillance directly or indirectly or a
humiliation, repeated verbal abuse and mental combination thereof.
infidelity. It includes causing or allowing the
victim to witness the physical, sexual or (e) "Dating relationship" refers to a situation
psychological abuse of a member of the family wherein the parties live as husband and wife
to which the victim belongs, or to witness without the benefit of marriage or are
pornography in any form or to witness abusive romantically involved over time and on a
injury to pets or to unlawful or unwanted continuing basis during the course of the
deprivation of the right to custody and/or relationship. A casual acquaintance or ordinary
visitation of common children. socialization between two individuals in a
business or social context is not a dating
D. "Economic abuse" refers to acts that make or relationship.
attempt to make a woman financially dependent

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(f) "Sexual relations" refers to a single sexual harm or threat of physical or other harm, or
act which may or may not result in the bearing intimidation directed against the woman or
of a common child. child. This shall include, but not limited to, the
following acts committed with the purpose or
(g) "Safe place or shelter" refers to any home or effect of controlling or restricting the woman's
institution maintained or managed by the or her child's movement or conduct:
Department of Social Welfare and Development
(DSWD) or by any other agency or voluntary (1) Threatening to deprive or actually depriving
organization accredited by the DSWD for the the woman or her child of custody to her/his
purposes of this Act or any other suitable place family;
the resident of which is willing temporarily to
receive the victim. (2) Depriving or threatening to deprive the
woman or her children of financial support
(h) "Children" refers to those below eighteen legally due her or her family, or deliberately
(18) years of age or older but are incapable of providing the woman's children insufficient
taking care of themselves as defined under financial support;
Republic Act No. 7610. As used in this Act, it
includes the biological children of the victim and (3) Depriving or threatening to deprive the
other children under her care. woman or her child of a legal right;

SECTION 4. Construction.- This Act shall be (4) Preventing the woman in engaging in any
liberally construed to promote the protection and legitimate profession, occupation, business or
safety of victims of violence against women and activity or controlling the victim's own mon4ey
their children. or properties, or solely controlling the conjugal
or common money, or properties;
SECTION 5. Acts of Violence Against Women
and Their Children.- The crime of violence (f) Inflicting or threatening to inflict physical
against women and their children is committed harm on oneself for the purpose of controlling
through any of the following acts: her actions or decisions;

(a) Causing physical harm to the woman or her (g) Causing or attempting to cause the woman or
child; her child to engage in any sexual activity which
does not constitute rape, by force or threat of
(b) Threatening to cause the woman or her child force, physical harm, or through intimidation
physical harm; directed against the woman or her child or
her/his immediate family;
(c) Attempting to cause the woman or her child
physical harm; (h) Engaging in purposeful, knowing, or reckless
conduct, personally or through another, that
(d) Placing the woman or her child in fear of alarms or causes substantial emotional or
imminent physical harm; psychological distress to the woman or her child.
This shall include, but not be limited to, the
(e) Attempting to compel or compelling the following acts:
woman or her child to engage in conduct which
the woman or her child has the right to desist (1) Stalking or following the woman or her child
from or desist from conduct which the woman or in public or private places;
her child has the right to engage in, or
attempting to restrict or restricting the woman's (2) Peering in the window or lingering outside
or her child's freedom of movement or conduct the residence of the woman or her child;
by force or threat of force, physical or other

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(3) Entering or remaining in the dwelling or on (d) Acts falling under Section 5(f) shall be
the property of the woman or her child against punished by arresto mayor;
her/his will;
(e) Acts falling under Section 5(g) shall be
(4) Destroying the property and personal punished by prision mayor;
belongings or inflicting harm to animals or pets
of the woman or her child; and (f) Acts falling under Section 5(h) and Section
5(i) shall be punished by prision mayor.
(5) Engaging in any form of harassment or
violence; If the acts are committed while the woman or
child is pregnant or committed in the presence of
(i) Causing mental or emotional anguish, public her child, the penalty to be applied shall be the
ridicule or humiliation to the woman or her maximum period of penalty prescribed in the
child, including, but not limited to, repeated section.
verbal and emotional abuse, and denial of
financial support or custody of minor children of In addition to imprisonment, the perpetrator
access to the woman's child/children. shall (a) pay a fine in the amount of not less than
One hundred thousand pesos (P100,000.00) but
SECTION 6. Penalties.- The crime of violence not more than three hundred thousand pesos
against women and their children, under Section (300,000.00); (b) undergo mandatory
5 hereof shall be punished according to the psychological counseling or psychiatric
following rules: treatment and shall report compliance to the
court.
(a) Acts falling under Section 5(a) constituting
attempted, frustrated or consummated parricide SECTION 7. Venue.- The Regional Trial Court
or murder or homicide shall be punished in designated as a Family Court shall have original
accordance with the provisions of the Revised and exclusive jurisdiction over cases of violence
Penal Code. against women and their children under this law.
In the absence of such court in the place where
If these acts resulted in mutilation, it shall be the offense was committed, the case shall be
punishable in accordance with the Revised Penal filed in the Regional Trial Court where the crime
Code; those constituting serious physical or any of its elements was committed at the
injuries shall have the penalty of prison mayor; option of the compliant.
those constituting less serious physical injuries
shall be punished by prision correccional; and SECTION 8. Protection Orders.- A protection
those constituting slight physical injuries shall order is an order issued under this act for the
be punished by arresto mayor. purpose of preventing further acts of violence
against a woman or her child specified in
Acts falling under Section 5(b) shall be punished Section 5 of this Act and granting other
by imprisonment of two degrees lower than the necessary relief. The relief granted under a
prescribed penalty for the consummated crime protection order serve the purpose of
as specified in the preceding paragraph but shall safeguarding the victim from further harm,
in no case be lower than arresto mayor. minimizing any disruption in the victim's daily
life, and facilitating the opportunity and ability
(b) Acts falling under Section 5(c) and 5(d) shall of the victim to independently regain control
be punished by arresto mayor; over her life. The provisions of the protection
order shall be enforced by law enforcement
(c) Acts falling under Section 5(e) shall be agencies. The protection orders that may be
punished by prision correccional; issued under this Act are the barangay protection
order (BPO), temporary protection order (TPO)

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and permanent protection order (PPO). The support. Notwithstanding other laws to the
protection orders that may be issued under this contrary, the court shall order an appropriate
Act shall include any, some or all of the percentage of the income or salary of the
following reliefs: respondent to be withheld regularly by the
respondent's employer for the same to be
(a) Prohibition of the respondent from automatically remitted directly to the woman.
threatening to commit or committing, personally Failure to remit and/or withhold or any delay in
or through another, any of the acts mentioned in the remittance of support to the woman and/or
Section 5 of this Act; her child without justifiable cause shall render
the respondent or his employer liable for indirect
(b) Prohibition of the respondent from harassing, contempt of court;
annoying, telephoning, contacting or otherwise
communicating with the petitioner, directly or (h) Prohibition of the respondent from any use
indirectly; or possession of any firearm or deadly weapon
and order him to surrender the same to the court
(c) Removal and exclusion of the respondent for appropriate disposition by the court,
from the residence of the petitioner, regardless including revocation of license and
of ownership of the residence, either temporarily disqualification to apply for any license to use or
for the purpose of protecting the petitioner, or possess a firearm. If the offender is a law
permanently where no property rights are enforcement agent, the court shall order the
violated, and if respondent must remove offender to surrender his firearm and shall direct
personal effects from the residence, the court the appropriate authority to investigate on the
shall direct a law enforcement agent to offender and take appropriate action on matter;
accompany the respondent has gathered his
things and escort respondent from the residence; (i) Restitution for actual damages caused by the
violence inflicted, including, but not limited to,
(d) Directing the respondent to stay away from property damage, medical expenses, childcare
petitioner and designated family or household expenses and loss of income;
member at a distance specified by the court, and
to stay away from the residence, school, place of (j) Directing the DSWD or any appropriate
employment, or any specified place frequented agency to provide petitioner may need; and
by the petitioner and any designated family or
household member; (k) Provision of such other forms of relief as the
court deems necessary to protect and provide for
(e) Directing lawful possession and use by the safety of the petitioner and any designated
petitioner of an automobile and other essential family or household member, provided
personal effects, regardless of ownership, and petitioner and any designated family or
directing the appropriate law enforcement household member consents to such relief.
officer to accompany the petitioner to the
residence of the parties to ensure that the Any of the reliefs provided under this section
petitioner is safely restored to the possession of shall be granted even in the absence of a decree
the automobile and other essential personal of legal separation or annulment or declaration
effects, or to supervise the petitioner's or of absolute nullity of marriage.
respondent's removal of personal belongings;
The issuance of a BPO or the pendency of an
(f) Granting a temporary or permanent custody application for BPO shall not preclude a
of a child/children to the petitioner; petitioner from applying for, or the court from
granting a TPO or PPO.
(g) Directing the respondent to provide support
to the woman and/or her child if entitled to legal

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SECTION 9. Who may file Petition for thereof partakes of a violence as described in
Protection Orders. A petition for protection this Act. A standard protection order application
order may be filed by any of the following: form, written in English with translation to the
major local languages, shall be made available
(a) the offended party; to facilitate applications for protections order,
and shall contain, among other, the following
(b) parents or guardians of the offended party; information:

(c) ascendants, descendants or collateral (a) names and addresses of petitioner and
relatives within the fourth civil degree of respondent;
consanguinity or affinity;
(b) description of relationships between
(d) officers or social workers of the DSWD or petitioner and respondent;
social workers of local government units
(LGUs); (c) a statement of the circumstances of the
abuse;
(e) police officers, preferably those in charge of
women and children's desks; (d) description of the reliefs requested by
petitioner as specified in Section 8 herein;
(f) Punong Barangay or Barangay Kagawad;
(e) request for counsel and reasons for such;
(g) lawyer, counselor, therapist or healthcare
provider of the petitioner; (f) request for waiver of application fees until
hearing; and
(h) At least two (2) concerned responsible
citizens of the city or municipality where the (g) an attestation that there is no pending
violence against women and their children application for a protection order in another
occurred and who has personal knowledge of the court.
offense committed.
If the applicants is not the victim, the application
SECTION 10. Where to Apply for a Protection must be accompanied by an affidavit of the
Order. Applications for BPOs shall follow the applicant attesting to (a) the circumstances of the
rules on venue under Section 409 of the Local abuse suffered by the victim and (b) the
Government Code of 1991 and its implementing circumstances of consent given by the victim for
rules and regulations. An application for a TPO the filling of the application. When disclosure of
or PPO may be filed in the regional trial court, the address of the victim will pose danger to her
metropolitan trial court, municipal trial court, life, it shall be so stated in the application. In
municipal circuit trial court with territorial such a case, the applicant shall attest that the
jurisdiction over the place of residence of the victim is residing in the municipality or city over
petitioner: Provided, however, That if a family which court has territorial jurisdiction, and shall
court exists in the place of residence of the provide a mailing address for purpose of service
petitioner, the application shall be filed with that processing.
court.
An application for protection order filed with a
SECTION 11. How to Apply for a Protection court shall be considered an application for both
Order. The application for a protection order a TPO and PPO.
must be in writing, signed and verified under
oath by the applicant. It may be filed as an Barangay officials and court personnel shall
independent action or as incidental relief in any assist applicants in the preparation of the
civil or criminal case the subject matter or issues application. Law enforcement agents shall also

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extend assistance in the application for be accompanied by an attestation by
protection orders in cases brought to their the Barangay Kagawad that the Punong
attention. Barangay was unavailable at the time for the
issuance of the BPO. BPOs shall be effective for
SECTION 12. Enforceability of Protection fifteen (15) days. Immediately after the issuance
Orders. All TPOs and PPOs issued under this of an ex parte BPO, the Punong Barangay or
Act shall be enforceable anywhere in the Barangay Kagawad shall personally serve a
Philippines and a violation thereof shall be copy of the same on the respondent, or direct
punishable with a fine ranging from Five any barangay official to effect is personal
Thousand Pesos (P5,000.00) to Fifty Thousand service.
Pesos (P50,000.00) and/or imprisonment of six
(6) months. The parties may be accompanied by a non-
lawyer advocate in any proceeding before the
SECTION 13. Legal Representation of Punong Barangay.
Petitioners for Protection Order. If the woman
or her child requests in the applications for a SECTION 15. Temporary Protection Orders.
protection order for the appointment of counsel Temporary Protection Orders (TPOs) refers to
because of lack of economic means to hire a the protection order issued by the court on the
counsel de parte, the court shall immediately date of filing of the application after ex
direct the Public Attorney's Office (PAO) to parte determination that such order should be
represent the petitioner in the hearing on the issued. A court may grant in a TPO any, some or
application. If the PAO determines that the all of the reliefs mentioned in this Act and shall
applicant can afford to hire the services of a be effective for thirty (30) days. The court shall
counsel de parte, it shall facilitate the legal schedule a hearing on the issuance of a PPO
representation of the petitioner by a counsel de prior to or on the date of the expiration of the
parte. The lack of access to family or conjugal TPO. The court shall order the immediate
resources by the applicant, such as when the personal service of the TPO on the respondent
same are controlled by the perpetrator, shall by the court sheriff who may obtain the
qualify the petitioner to legal representation by assistance of law enforcement agents for the
the PAO. service. The TPO shall include notice of the date
of the hearing on the merits of the issuance of a
However, a private counsel offering free legal PPO.
service is not barred from representing the
petitioner. SECTION 16. Permanent Protection Orders.
Permanent Protection Order (PPO) refers to
SECTION 14. Barangay Protection Orders protection order issued by the court after notice
(BPOs); Who May Issue and How. - Barangay and hearing.
Protection Orders (BPOs) refer to the protection
order issued by the Punong Barangay ordering Respondents non-appearance despite proper
the perpetrator to desist from committing acts notice, or his lack of a lawyer, or the non-
under Section 5 (a) and (b) of this Act. availability of his lawyer shall not be a ground
A Punong Barangay who receives applications for rescheduling or postponing the hearing on
for a BPO shall issue the protection order to the the merits of the issuance of a PPO. If the
applicant on the date of filing after ex respondents appears without counsel on the date
parte determination of the basis of the of the hearing on the PPO, the court shall
application. If the Punong Barangay is appoint a lawyer for the respondent and
unavailable to act on the application for a BPO, immediately proceed with the hearing. In case
the application shall be acted upon by any the respondent fails to appear despite proper
available Barangay Kagawad. If the BPO is notice, the court shall allow ex parte
issued by a Barangay Kagawad the order must presentation of the evidence by the applicant and

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render judgment on the basis of the evidence act on an application for a protection order
presented. The court shall allow the introduction within the reglementary period specified in the
of any history of abusive conduct of a previous section without justifiable cause shall
respondent even if the same was not directed render the official or judge administratively
against the applicant or the person for whom the liable.
applicant is made.
SECTION 19. Legal Separation Cases. In
The court shall, to the extent possible, conduct cases of legal separation, where violence as
the hearing on the merits of the issuance of a specified in this Act is alleged, Article 58 of the
PPO in one (1) day. Where the court is unable to Family Code shall not apply. The court shall
conduct the hearing within one (1) day and the proceed on the main case and other incidents of
TPO issued is due to expire, the court shall the case as soon as possible. The hearing on any
continuously extend or renew the TPO for a application for a protection order filed by the
period of thirty (30) days at each particular time petitioner must be conducted within the
until final judgment is issued. The extended or mandatory period specified in this Act.
renewed TPO may be modified by the court as
may be necessary or applicable to address the SECTION 20. Priority of Application for a
needs of the applicant. Protection Order. Ex parte and adversarial
hearings to determine the basis of applications
The court may grant any, some or all of the for a protection order under this Act shall have
reliefs specified in Section 8 hereof in a PPO. A priority over all other proceedings. Barangay
PPO shall be effective until revoked by a court officials and the courts shall schedule and
upon application of the person in whose favor conduct hearings on applications for a protection
the order was issued. The court shall ensure order under this Act above all other business
immediate personal service of the PPO on and, if necessary, suspend other proceedings in
respondent. order to hear applications for a protection order.

The court shall not deny the issuance of SECTION 21. Violation of Protection Orders.
protection order on the basis of the lapse of time A complaint for a violation of a BPO issued
between the act of violence and the filing of the under this Act must be filed directly with any
application. municipal trial court, metropolitan trial court, or
municipal circuit trial court that has territorial
Regardless of the conviction or acquittal of the jurisdiction over the barangay that issued the
respondent, the Court must determine whether or BPO. Violation of a BPO shall be punishable by
not the PPO shall become final. Even in a imprisonment of thirty (30) days without
dismissal, a PPO shall be granted as long as prejudice to any other criminal or civil action
there is no clear showing that the act from which that the offended party may file for any of the
the order might arise did not exist. acts committed.

SECTION 17. Notice of Sanction in Protection A judgement of violation of a BPO ma be

Orders. The following statement must be appealed according to the Rules of Court.
printed in bold-faced type or in capital letters on During trial and upon judgment, the trial court
the protection order issued by the Punong may motu proprio issue a protection order as it
Barangay or court: deems necessary without need of an application.

"VIOLATION OF THIS ORDER IS Violation of any provision of a TPO or PPO

PUNISHABLE BY LAW." issued under this Act shall constitute contempt
of court punishable under Rule 71 of the Rules
SECTION 18. Mandatory Period For Acting on of Court, without prejudice to any other criminal
Applications For Protection Orders Failure to

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or civil action that the offended party may file In the determination of the state of mind of the
for any of the acts committed. woman who was suffering from battered woman
syndrome at the time of the commission of the
SECTION 22. Applicability of Protection crime, the courts shall be assisted by expert
Orders to Criminal Cases. The foregoing psychiatrists/ psychologists.
provisions on protection orders shall be
applicable in impliedly instituted with the SECTION 27. Prohibited Defense. Being
criminal actions involving violence against under the influence of alcohol, any illicit drug,
women and their children. or any other mind-altering substance shall not be
a defense under this Act.
SECTION 23. Bond to Keep the Peace. The
Court may order any person against whom a SECTION 28. Custody of children. The
protection order is issued to give a bond to keep woman victim of violence shall be entitled to the
the peace, to present two sufficient sureties who custody and support of her child/children.
shall undertake that such person will not commit Children below seven (7) years old older but
the violence sought to be prevented. with mental or physical disabilities shall
automatically be given to the mother, with right
Should the respondent fail to give the bond as to support, unless the court finds compelling
required, he shall be detained for a period which reasons to order otherwise.
shall in no case exceed six (6) months, if he shall
have been prosecuted for acts punishable under A victim who is suffering from battered woman
Section 5(a) to 5(f) and not exceeding thirty (30) syndrome shall not be disqualified from having
days, if for acts punishable under Section 5(g) to custody of her children. In no case shall custody
5(I). of minor children be given to the perpetrator of a
woman who is suffering from Battered woman
The protection orders referred to in this section syndrome.
are the TPOs and the PPOs issued only by the
courts. SECTION 29. Duties of Prosecutors/Court
Personnel. Prosecutors and court personnel
SECTION 24. Prescriptive Period. Acts should observe the following duties when
falling under Sections 5(a) to 5(f) shall prescribe dealing with victims under this Act:
in twenty (20) years. Acts falling under Sections
5(g) to 5(I) shall prescribe in ten (10) years. a) communicate with the victim in a language
understood by the woman or her child; and
SECTION 25. Public Crime. Violence against
women and their children shall be considered a b) inform the victim of her/his rights including
public offense which may be prosecuted upon legal remedies available and procedure, and
the filing of a complaint by any citizen having privileges for indigent litigants.
personal knowledge of the circumstances
involving the commission of the crime. SECTION 30. Duties of Barangay Officials and
Law Enforcers. Barangay officials and law
SECTION 26. Battered Woman Syndrome as a enforcers shall have the following duties:
Defense. Victim-survivors who are found by
the courts to be suffering from battered woman (a) respond immediately to a call for help or
syndrome do not incur any criminal and civil request for assistance or protection of the victim
liability notwithstanding the absence of any of by entering the necessary whether or not a
the elements for justifying circumstances of self- protection order has been issued and ensure the
defense under the Revised Penal Code. safety of the victim/s;

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(b) confiscate any deadly weapon in the (c) automatically provide the victim free of
possession of the perpetrator or within plain charge a medical certificate concerning the
view; examination or visit;

(c) transport or escort the victim/s to a safe place (d) safeguard the records and make them
of their choice or to a clinic or hospital; available to the victim upon request at actual
cost; and
(d) assist the victim in removing personal
belongs from the house; (e) provide the victim immediate and adequate
notice of rights and remedies provided under this
(e) assist the barangay officials and other Act, and services available to them.
government officers and employees who
respond to a call for help; SECTION 32. Duties of Other Government
Agencies and LGUs Other government
(f) ensure the enforcement of the Protection agencies and LGUs shall establish programs
Orders issued by the Punong Barangy or the such as, but not limited to, education and
courts; information campaign and seminars or symposia
on the nature, causes, incidence and
(g) arrest the suspected perpetrator wiithout a consequences of such violence particularly
warrant when any of the acts of violence defined towards educating the public on its social
by this Act is occurring, or when he/she has impacts.
personal knowledge that any act of abuse has
just been committed, and there is imminent It shall be the duty of the concerned government
danger to the life or limb of the victim as agencies and LGU's to ensure the sustained
defined in this Act; and education and training of their officers and
personnel on the prevention of violence against
(h) immediately report the call for assessment or women and their children under the Act.
assistance of the DSWD, social Welfare
Department of LGUs or accredited non- SECTION 33. Prohibited Acts. A Punong
government organizations (NGOs). Barangay, Barangay Kagawad or the court
hearing an application for a protection order
Any barangay official or law enforcer who fails shall not order, direct, force or in any way
to report the incident shall be liable for a fine not unduly influence he applicant for a protection
exceeding Ten Thousand Pesos (P10,000.00) or order to compromise or abandon any of the
whenever applicable criminal, civil or reliefs sought in the application for protection
administrative liability. under this Act. Section 7 of the Family Courts
Act of 1997 and Sections 410, 411, 412 and 413
SECTION 31. Healthcare Provider Response to of the Local Government Code of 1991 shall not
Abuse Any healthcare provider, including, but apply in proceedings where relief is sought
not limited to, an attending physician, nurse, under this Act.
clinician, barangay health worker, therapist or
counselor who suspects abuse or has been Failure to comply with this Section shall render
informed by the victim of violence shall: the official or judge administratively liable.

(a) properly document any of the victim's SECTION 34. Persons Intervening Exempt
physical, emotional or psychological injuries; from Liability. In every case of violence
against women and their children as herein
(b) properly record any of victim's suspicions, defined, any person, private individual or police
observations and circumstances of the authority or barangay official who, acting in
examination or visit; accordance with law, responds or intervenes

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without using violence or restraint greater than established an Inter-Agency Council on
necessary to ensure the safety of the victim, shall Violence Against Women and their children,
not be liable for any criminal, civil or hereinafter known as the Council, which shall be
administrative liability resulting therefrom. composed of the following agencies:

SECTION 35. Rights of Victims. In addition (a) Department of Social Welfare and
to their rights under existing laws, victims of Development (DSWD);
violence against women and their children shall
have the following rights: (b) National Commission on the Role of Filipino
Women (NCRFW);
(a) to be treated with respect and dignity;
(c) Civil Service Commission (CSC);
(b) to avail of legal assistance form the PAO of
the Department of Justice (DOJ) or any public (d) Commission on Human rights (CHR)
legal assistance office;
(e) Council for the Welfare of Children (CWC);
(c) To be entitled to support services form the
DSWD and LGUs' (f) Department of Justice (DOJ);

(d) To be entitled to all legal remedies and (g) Department of the Interior and Local
support as provided for under the Family Code; Government (DILG);
and
(h) Philippine National Police (PNP);
(e) To be informed of their rights and the
services available to them including their right to (i) Department of Health (DOH);
apply for a protection order.
(j) Department of Education (DepEd);
SECTION 36. Damages. Any victim of
violence under this Act shall be entitled to (k) Department of Labor and Employment
actual, compensatory, moral and exemplary (DOLE); and
damages.
(l) National Bureau of Investigation (NBI).
SECTION 37. Hold Departure Order. The
court shall expedite the process of issuance of a
These agencies are tasked to formulate programs
hold departure order in cases prosecuted under
and projects to eliminate VAW based on their
this Act.
mandates as well as develop capability programs
for their employees to become more sensitive to
SECTION 38. Exemption from Payment of the needs of their clients. The Council will also
Docket Fee and Other Expenses. If the victim serve as the monitoring body as regards to VAW
is an indigent or there is an immediate necessity initiatives.
due to imminent danger or threat of danger to act
on an application for a protection order, the
The Council members may designate their duly
court shall accept the application without
authorized representative who shall have a rank
payment of the filing fee and other fees and of
not lower than an assistant secretary or its
transcript of stenographic notes.
equivalent. These representatives shall attend
Council meetings in their behalf, and shall
SECTION 39. Inter-Agency Council on receive emoluments as may be determined by
Violence Against Women and Their Children the Council in accordance with existing budget
(IAC-VAWC). In pursuance of the and accounting rules and regulations.
abovementioned policy, there is hereby

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SECTION 40. Mandatory Programs and SECTION 43. Entitled to Leave. Victims
Services for Victims. The DSWD, and LGU's under this Act shall be entitled to take a paid
shall provide the victims temporary shelters, leave of absence up to ten (10) days in addition
provide counseling, psycho-social services and to other paid leaves under the Labor Code and
/or, recovery, rehabilitation programs and Civil Service Rules and Regulations, extendible
livelihood assistance. when the necessity arises as specified in the
protection order.
The DOH shall provide medical assistance to
victims. Any employer who shall prejudice the right of
the person under this section shall be penalized
SECTION 41. Counseling and Treatment of in accordance with the provisions of the Labor
Offenders. The DSWD shall provide Code and Civil Service Rules and Regulations.
rehabilitative counseling and treatment to Likewise, an employer who shall prejudice any
perpetrators towards learning constructive ways person for assisting a co-employee who is a
of coping with anger and emotional outbursts victim under this Act shall likewise be liable for
and reforming their ways. When necessary, the discrimination.
offender shall be ordered by the Court to submit
to psychiatric treatment or confinement. SECTION 44. Confidentiality. All records
pertaining to cases of violence against women
SECTION 42. Training of Persons Involved in and their children including those in the
Responding to Violence Against Women and barangay shall be confidential and all public
their Children Cases. All agencies involved in officers and employees and public or private
responding to violence against women and their clinics to hospitals shall respect the right to
children cases shall be required to undergo privacy of the victim. Whoever publishes or
education and training to acquaint them with: causes to be published, in any format, the name,
address, telephone number, school, business
a. the nature, extend and causes of violence address, employer, or other identifying
against women and their children; information of a victim or an immediate family
member, without the latter's consent, shall be
b. the legal rights of, and remedies available to, liable to the contempt power of the court.
victims of violence against women and their
children; Any person who violates this provision shall
suffer the penalty of one (1) year imprisonment
c. the services and facilities available to victims and a fine of not more than Five Hundred
or survivors; Thousand pesos (P500,000.00).

d. the legal duties imposed on police officers to SECTION 45. Funding The amount necessary
make arrest and to offer protection and to implement the provisions of this Act shall be
assistance; and included in the annual General Appropriations
Act (GAA).
e. techniques for handling incidents of violence
against women and their children that minimize The Gender and Development (GAD) Budget of
the likelihood of injury to the officer and the mandated agencies and LGU's shall be used
promote the safety of the victim or survivor. to implement services for victim of violence
against women and their children.
The PNP, in coordination with LGU's shall
establish an education and training program for SECTION 46. Implementing Rules and
police officers and barangay officials to enable Regulations. Within six (6) months from the
them to properly handle cases of violence approval of this Act, the DOJ, the NCRFW, the
against women and their children. DSWD, the DILG, the DOH, and the PNP, and

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three (3) representatives from NGOs to be check which fine shall in no case exceed Two
identified by the NCRFW, shall promulgate the Hundred Thousand Pesos, or both such fine and
Implementing Rules and Regulations (IRR) of imprisonment at the discretion of the court.
this Act.
The same penalty shall be imposed upon any
SECTION 47. Suppletory Application For person who, having sufficient funds in or credit
purposes of this Act, the Revised Penal Code with the drawee bank when he makes or draws
and other applicable laws, shall have suppletory and issues a check, shall fail to keep sufficient
application. funds or to maintain a credit to cover the full
amount of the check if presented within a period
SECTION 48. Separability Clause. If any of ninety (90) days from the date appearing
section or provision of this Act is held thereon, for which reason it is dishonored by the
unconstitutional or invalid, the other sections or drawee bank.
provisions shall not be affected.
Where the check is drawn by a corporation,
SECTION 49. Repealing Clause All laws, company or entity, the person or persons who
Presidential decrees, executive orders and rules actually signed the check in behalf of such
and regulations, or parts thereof, inconsistent drawer shall be liable under this Act.
with the provisions of this Act are hereby
repealed or modified accordingly. Section 2. Evidence of knowledge of insufficient
funds. - The making, drawing and issuance of a
SECTION 50. Effectivity This Act shall take check payment of which is refused by the
effect fifteen (15) days from the date of its drawee because of insufficient funds in or credit
complete publication in at least two (2) with such bank, when presented within ninety
newspapers of general circulation. (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
BATAS PAMBANSA BLG. 22
payment in full by the drawee of such check
within (5) banking days after receiving notice
AN ACT PENALIZING THE MAKING OR that such check has not been paid by the drawee.
DRAWING AND ISSUANCE OF A CHECK
WITHOUT SUFFICIENT FUNDS OR
Section 3. Duty of drawee; rules of evidence. - It
CREDIT AND FOR OTHER PURPOSES.
shall be the duty of the drawee of any check,
when refusing to pay the same to the holder
Section 1. Checks without sufficient funds. - thereof upon presentment, to cause to be written,
Any person who makes or draws and issues any printed, or stamped in plain language thereon, or
check to apply on account or for value, knowing attached thereto, the reason for drawee's
at the time of issue that he does not have dishonor or refusal to pay the same: Provided,
sufficient funds in or credit with the drawee That where there are no sufficient funds in or
bank for the payment of such check in full upon credit with such drawee bank, such fact shall
its presentment, which check is subsequently always be explicitly stated in the notice of
dishonored by the drawee bank for insufficiency dishonor or refusal. In all prosecutions under
of funds or credit or would have been this Act, the introduction in evidence of any
dishonored for the same reason had not the unpaid and dishonored check, having the
drawer, without any valid reason, ordered the drawee's refusal to pay stamped or written
bank to stop payment, shall be punished by thereon or attached thereto, with the reason
imprisonment of not less than thirty days but not therefor as aforesaid, shall be prima facie
more than one (1) year or by a fine of not less evidence of the making or issuance of said
than but not more than double the amount of the

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check, and the due presentment to the drawee for Section 1. Short Title. This Act shall be
payment and the dishonor thereof, and that the known and cited as the "Comprehensive
same was properly dishonored for the reason Dangerous Drugs Act of 2002".
written, stamped or attached by the drawee on
such dishonored check. Section 2. Declaration of Policy. It is the
policy of the State to safeguard the integrity of
Not with standing receipt of an order to stop its territory and the well-being of its citizenry
payment, the drawee shall state in the notice that particularly the youth, from the harmful effects
there were no sufficient funds in or credit with of dangerous drugs on their physical and mental
such bank for the payment in full of such check, well-being, and to defend the same against acts
if such be the fact. or omissions detrimental to their development
and preservation. In view of the foregoing, the
Section 4. Credit construed. - The word "credit" State needs to enhance further the efficacy of the
as used herein shall be construed to mean an law against dangerous drugs, it being one of
arrangement or understanding with the bank for today's more serious social ills.
the payment of such check.
Toward this end, the government shall pursue an
Section 5. Liability under the Revised Penal intensive and unrelenting campaign against the
Code. - Prosecution under this Act shall be trafficking and use of dangerous drugs and other
without prejudice to any liability for violation of similar substances through an integrated system
any provision of the Revised Penal Code. of planning, implementation and enforcement of
anti-drug abuse policies, programs, and projects.
Section 6. Separability clause. - If any separable The government shall however aim to achieve a
provision of this Act be declared balance in the national drug control program so
unconstitutional, the remaining provisions shall that people with legitimate medical needs are not
continue to be in force. prevented from being treated with adequate
amounts of appropriate medications, which
Section 7. Effectivity. - This Act shall take effect include the use of dangerous drugs.
fifteen days after publication in the Official
Gazette. It is further declared the policy of the State to
provide effective mechanisms or measures to re-
Approved: April 3, 1979. integrate into society individuals who have
fallen victims to drug abuse or dangerous drug
dependence through sustainable programs of
treatment and rehabilitation.
REPUBLIC ACT NO. 9165 June 7, 2002 ARTICLE I
AN ACT INSTITUTING THE Definition of terms
COMPREHENSIVE DANGEROUS DRUGS
ACT OF 2002, REPEALING REPUBLIC
Section 3. Definitions. As used in this Act, the
ACT NO. 6425, OTHERWISE KNOWN AS
following terms shall mean:
THE DANGEROUS DRUGS ACT OF 1972,
AS AMENDED, PROVIDING FUNDS
THEREFOR, AND FOR OTHER (a) Administer. Any act of introducing any
PURPOSES dangerous drug into the body of any person,
with or without his/her knowledge, by injection,
inhalation, ingestion or other means, or of
Be it enacted by the Senate and House of
committing any act of indispensable assistance
Representatives of the Philippines in Congress
to a person in administering a dangerous drug to

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himself/herself unless administered by a duly II of the 1988 UN Convention Against Illicit
licensed practitioner for purposes of medication. Traffic in Narcotic Drugs and Psychotropic
Substances as enumerated in the attached annex,
(b) Board. - Refers to the Dangerous Drugs which is an integral part of this Act.
Board under Section 77, Article IX of this Act.
(i) Cultivate or Culture. Any act of knowingly
(c) Centers. - Any of the treatment and planting, growing, raising, or permitting the
rehabilitation centers for drug dependents planting, growing or raising of any plant which
referred to in Section 34, Article VIII of this is the source of a dangerous drug.
Act.
(j) Dangerous Drugs. Include those listed in
(d) Chemical Diversion. The sale, distribution, the Schedules annexed to the 1961 Single
supply or transport of legitimately imported, in- Convention on Narcotic Drugs, as amended by
transit, manufactured or procured controlled the 1972 Protocol, and in the Schedules annexed
precursors and essential chemicals, in diluted, to the 1971 Single Convention on Psychotropic
mixtures or in concentrated form, to any person Substances as enumerated in the attached annex
or entity engaged in the manufacture of any which is an integral part of this Act.
dangerous drug, and shall include packaging,
repackaging, labeling, relabeling or concealment (k) Deliver. Any act of knowingly passing a
of such transaction through fraud, destruction of dangerous drug to another, personally or
documents, fraudulent use of permits, otherwise, and by any means, with or without
misdeclaration, use of front companies or mail consideration.
fraud.
(l) Den, Dive or Resort. A place where any
(e) Clandestine Laboratory. Any facility used dangerous drug and/or controlled precursor and
for the illegal manufacture of any dangerous essential chemical is administered, delivered,
drug and/or controlled precursor and essential stored for illegal purposes, distributed, sold or
chemical. used in any form.

(f) Confirmatory Test. An analytical test using (m) Dispense. Any act of giving away, selling
a device, tool or equipment with a different or distributing medicine or any dangerous drug
chemical or physical principle that is more with or without the use of prescription.
specific which will validate and confirm the
result of the screening test. (n) Drug Dependence. As based on the World
Health Organization definition, it is a cluster of
(g) Controlled Delivery. The investigative physiological, behavioral and cognitive
technique of allowing an unlawful or suspect phenomena of variable intensity, in which the
consignment of any dangerous drug and/or use of psychoactive drug takes on a high priority
controlled precursor and essential chemical, thereby involving, among others, a strong desire
equipment or paraphernalia, or property believed or a sense of compulsion to take the substance
to be derived directly or indirectly from any and the difficulties in controlling substance-
offense, to pass into, through or out of the taking behavior in terms of its onset,
country under the supervision of an authorized termination, or levels of use.
officer, with a view to gathering evidence to
identify any person involved in any dangerous (o) Drug Syndicate. Any organized group of
drugs related offense, or to facilitate prosecution two (2) or more persons forming or joining
of that offense. together with the intention of committing any
offense prescribed under this Act.
(h) Controlled Precursors and Essential
Chemicals. Include those listed in Tables I and

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(p) Employee of Den, Dive or Resort. The administration or dispensation of such drug or
caretaker, helper, watchman, lookout, and other substance in the course of his/her professional
persons working in the den, dive or resort, practice including research, teaching and
employed by the maintainer, owner and/or chemical analysis of dangerous drugs or such
operator where any dangerous drug and/or substances that are not intended for sale or for
controlled precursor and essential chemical is any other purpose.
administered, delivered, distributed, sold or
used, with or without compensation, in (v) Cannabis or commonly known as
connection with the operation thereof. "Marijuana" or "Indian Hemp" or by its any
other name. Embraces every kind, class,
(q) Financier. Any person who pays for, raises genus, or specie of the plant Cannabis sativa
or supplies money for, or underwrites any of the L. including, but not limited to, Cannabis
illegal activities prescribed under this Act. americana, hashish, bhang, guaza,
churrus and ganjab, and embraces every kind,
(r) Illegal Trafficking. The illegal cultivation, class and character of marijuana, whether dried
culture, delivery, administration, dispensation, or fresh and flowering, flowering or fruiting
manufacture, sale, trading, transportation, tops, or any part or portion of the plant and seeds
distribution, importation, exportation and thereof, and all its geographic varieties, whether
possession of any dangerous drug and/or as a reefer, resin, extract, tincture or in any form
controlled precursor and essential chemical. whatsoever.

(s) Instrument. Any thing that is used in or (w) Methylenedioxymethamphetamine

intended to be used in any manner in the (MDMA) or commonly known as "Ecstasy", or
commission of illegal drug trafficking or related by its any other name. Refers to the drug
offenses. having such chemical composition, including
any of its isomers or derivatives in any form.
(t) Laboratory Equipment. The paraphernalia,
apparatus, materials or appliances when used, (x) Methamphetamine Hydrochloride or
intended for use or designed for use in the commonly known as "Shabu", "Ice", "Meth", or
manufacture of any dangerous drug and/or by its any other name. Refers to the drug
controlled precursor and essential chemical, having such chemical composition, including
such as reaction vessel, preparative/purifying any of its isomers or derivatives in any form.
equipment, fermentors, separatory funnel, flask,
heating mantle, gas generator, or their substitute. (y) Opium. Refers to the coagulated juice of
the opium poppy (Papaver somniferum L.) and
(u) Manufacture. The production, preparation, embraces every kind, class and character of
compounding or processing of any dangerous opium, whether crude or prepared; the ashes or
drug and/or controlled precursor and essential refuse of the same; narcotic preparations thereof
chemical, either directly or indirectly or by or therefrom; morphine or any alkaloid of
extraction from substances of natural origin, or opium; preparations in which opium, morphine
independently by means of chemical synthesis or any alkaloid of opium enters as an ingredient;
or by a combination of extraction and chemical opium poppy; opium poppy straw; and leaves or
synthesis, and shall include any packaging or wrappings of opium leaves, whether prepared
repackaging of such substances, design or for use or not.
configuration of its form, or labeling or
relabeling of its container; except that such (z) Opium Poppy. Refers to any part of the
terms do not include the preparation, plant of the species Papaver somniferum L.,
compounding, packaging or labeling of a drug or Papaver setigerum DC, Papaver orientale,
other substances by a duly authorized Papaver bracteatum and Papaver rhoeas, which
practitioner as an incident to his/her includes the seeds, straws, branches, leaves or

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any part thereof, or substances derived (gg) School. Any educational institution,
therefrom, even for floral, decorative and private or public, undertaking educational
culinary purposes. operation for pupils/students pursuing certain
studies at defined levels, receiving instructions
(aa) PDEA. Refers to the Philippine Drug from teachers, usually located in a building or a
Enforcement Agency under Section 82, Article group of buildings in a particular physical or
IX of this Act. cyber site.

(bb) Person. Any entity, natural or juridical, (hh) Screening Test. A rapid test performed to
including among others, a corporation, establish potential/presumptive positive result.
partnership, trust or estate, joint stock company,
association, syndicate, joint venture or other (ii) Sell. Any act of giving away any
unincorporated organization or group capable of dangerous drug and/or controlled precursor and
acquiring rights or entering into obligations. essential chemical whether for money or any
other consideration.
(cc) Planting of Evidence. The willful act by
any person of maliciously and surreptitiously (jj) Trading. Transactions involving the illegal
inserting, placing, adding or attaching directly or trafficking of dangerous drugs and/or controlled
indirectly, through any overt or covert act, precursors and essential chemicals using
whatever quantity of any dangerous drug and/or electronic devices such as, but not limited to,
controlled precursor and essential chemical in text messages, email, mobile or landlines, two-
the person, house, effects or in the immediate way radios, internet, instant messengers and chat
vicinity of an innocent individual for the purpose rooms or acting as a broker in any of such
of implicating, incriminating or imputing the transactions whether for money or any other
commission of any violation of this Act. consideration in violation of this Act.

(dd) Practitioner. Any person who is a licensed (kk) Use. Any act of injecting, intravenously
physician, dentist, chemist, medical or intramuscularly, of consuming, either by
technologist, nurse, midwife, veterinarian or chewing, smoking, sniffing, eating, swallowing,
pharmacist in the Philippines. drinking or otherwise introducing into the
physiological system of the body, and of the
(ee) Protector/Coddler. Any person who dangerous drugs.
knowingly and willfully consents to the
unlawful acts provided for in this Act and uses ARTICLE II
his/her influence, power or position in shielding,
harboring, screening or facilitating the escape of Unlawful Acts and Penalties
any person he/she knows, or has reasonable
grounds to believe on or suspects, has violated Section 4. Importation of Dangerous Drugs
the provisions of this Act in order to prevent the and/or Controlled Precursors and Essential
arrest, prosecution and conviction of the Chemicals.- .The penalty of life imprisonment to
violator. death and a ranging from Five hundred thousand
pesos (P500,000.00) to Ten million pesos
(ff) Pusher. Any person who sells, trades, (P10,000,000.00) shall be imposed upon any
administers, dispenses, delivers or gives away to person, who, unless authorized by law, shall
another, on any terms whatsoever, or distributes, import or bring into the Philippines any
dispatches in transit or transports dangerous dangerous drug, regardless of the quantity and
drugs or who acts as a broker in any of such purity involved, including any and all species of
transactions, in violation of this Act. opium poppy or any part thereof or substances
derived therefrom even for floral, decorative and
culinary purposes.

Page | 81
The penalty of imprisonment ranging from The penalty of imprisonment ranging from
twelve (12) years and one (1) day to twenty (20) twelve (12) years and one (1) day to twenty (20)
years and a fine ranging from One hundred years and a fine ranging from One hundred
thousand pesos (P100,000.00) to Five hundred thousand pesos (P100,000.00) to Five hundred
thousand pesos (P500,000.00) shall be imposed thousand pesos (P500,000.00) shall be imposed
upon any person, who, unless authorized by law, upon any person, who, unless authorized by law,
shall import any controlled precursor and shall sell, trade, administer, dispense, deliver,
essential chemical. give away to another, distribute, dispatch in
transit or transport any controlled precursor and
The maximum penalty provided for under this essential chemical, or shall act as a broker in
Section shall be imposed upon any person, who, such transactions.
unless authorized under this Act, shall import or
bring into the Philippines any dangerous drug If the sale, trading, administration, dispensation,
and/or controlled precursor and essential delivery, distribution or transportation of any
chemical through the use of a diplomatic dangerous drug and/or controlled precursor and
passport, diplomatic facilities or any other essential chemical transpires within one hundred
means involving his/her official status intended (100) meters from the school, the maximum
to facilitate the unlawful entry of the same. In penalty shall be imposed in every case.
addition, the diplomatic passport shall be
confiscated and canceled. For drug pushers who use minors or mentally
incapacitated individuals as runners, couriers
The maximum penalty provided for under this and messengers, or in any other capacity directly
Section shall be imposed upon any person, who connected to the dangerous drugs and/or
organizes, manages or acts as a "financier" of controlled precursors and essential chemical
any of the illegal activities prescribed in this trade, the maximum penalty shall be imposed in
Section. every case.

The penalty of twelve (12) years and one (1) day If the victim of the offense is a minor or a
to twenty (20) years of imprisonment and a fine mentally incapacitated individual, or should a
ranging from One hundred thousand pesos dangerous drug and/or a controlled precursor
(P100,000.00) to Five hundred thousand pesos and essential chemical involved in any offense
(P500,000.00) shall be imposed upon any herein provided be the proximate cause of death
person, who acts as a "protector/coddler" of any of a victim thereof, the maximum penalty
violator of the provisions under this Section. provided for under this Section shall be
imposed.
Section 5. Sale, Trading, Administration,
Dispensation, Delivery, Distribution and The maximum penalty provided for under this
Transportation of Dangerous Drugs and/or Section shall be imposed upon any person who
Controlled Precursors and Essential organizes, manages or acts as a "financier" of
Chemicals. - The penalty of life imprisonment to any of the illegal activities prescribed in this
death and a fine ranging from Five hundred Section.
thousand pesos (P500,000.00) to Ten million
pesos (P10,000,000.00) shall be imposed upon The penalty of twelve (12) years and one (1) day
any person, who, unless authorized by law, shall to twenty (20) years of imprisonment and a fine
sell, trade, administer, dispense, deliver, give ranging from One hundred thousand pesos
away to another, distribute dispatch in transit or (P100,000.00) to Five hundred thousand pesos
transport any dangerous drug, including any and (P500,000.00) shall be imposed upon any
all species of opium poppy regardless of the person, who acts as a "protector/coddler" of any
quantity and purity involved, or shall act as a violator of the provisions under this Section.
broker in any of such transactions.

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Section 6. Maintenance of a Den, Dive or The penalty twelve (12) years and one (1) day to
Resort. - The penalty of life imprisonment to twenty (20) years of imprisonment and a fine
death and a fine ranging from Five hundred ranging from One hundred thousand pesos
thousand pesos (P500,000.00) to Ten million (P100,000.00) to Five hundred thousand pesos
pesos (P10,000,000.00) shall be imposed upon (P500,000.00) shall be imposed upon any
any person or group of persons who shall person, who acts as a "protector/coddler" of any
maintain a den, dive or resort where any violator of the provisions under this Section.
dangerous drug is used or sold in any form.
Section 7. Employees and Visitors of a Den,
The penalty of imprisonment ranging from Dive or Resort. - The penalty of imprisonment
twelve (12) years and one (1) day to twenty (20) ranging from twelve (12) years and one (1) day
years and a fine ranging from One hundred to twenty (20) years and a fine ranging from One
thousand pesos (P100,000.00) to Five hundred hundred thousand pesos (P100,000.00) to Five
thousand pesos (P500,000.00) shall be imposed hundred thousand pesos (P500,000.00) shall be
upon any person or group of persons who shall imposed upon:
maintain a den, dive, or resort where any
controlled precursor and essential chemical is (a) Any employee of a den, dive or resort, who
used or sold in any form. is aware of the nature of the place as such; and

The maximum penalty provided for under this (b) Any person who, not being included in the
Section shall be imposed in every case where provisions of the next preceding, paragraph, is
any dangerous drug is administered, delivered or aware of the nature of the place as such and shall
sold to a minor who is allowed to use the same knowingly visit the same
in such a place.
Section 8. Manufacture of Dangerous Drugs
Should any dangerous drug be the proximate and/or Controlled Precursors and Essential
cause of the death of a person using the same in Chemicals. - The penalty of life imprisonment to
such den, dive or resort, the penalty of death and death and a fine ranging Five hundred thousand
a fine ranging from One million (P1,000,000.00) pesos (P500,000.00) to Ten million pesos
to Fifteen million pesos (P500,000.00) shall be (P10,000,000.00) shall be imposed upon any
imposed on the maintainer, owner and/or person, who, unless authorized by law, shall
operator. engage in the manufacture of any dangerous
drug.
If such den, dive or resort is owned by a third
person, the same shall be confiscated and The penalty of imprisonment ranging from
escheated in favor of the government: Provided, twelve (12) years and one (1) day to twenty (20)
That the criminal complaint shall specifically years and a fine ranging from One hundred
allege that such place is intentionally used in the thousand pesos (P100,000.00) to Five hundred
furtherance of the crime: Provided, further, That thousand pesos (P500,000.00) shall be imposed
the prosecution shall prove such intent on the upon any person, who, unless authorized by law,
part of the owner to use the property for such shall manufacture any controlled precursor and
purpose: Provided, finally, That the owner shall essential chemical.
be included as an accused in the criminal
complaint. The presence of any controlled precursor and
essential chemical or laboratory equipment in
The maximum penalty provided for under this the clandestine laboratory is a prima facie proof
Section shall be imposed upon any person who of manufacture of any dangerous drug. It shall
organizes, manages or acts as a "financier" of be considered an aggravating circumstance if the
any of the illegal activities prescribed in this clandestine laboratory is undertaken or
Section. established under the following circumstances:

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(a) Any phase of the manufacturing process was thousand pesos (P100,000.00) to Five hundred
conducted in the presence or with the help of thousand pesos (P500,000.00) shall be imposed
minor/s: upon any person who shall deliver, possess with
intent to deliver, or manufacture with intent to
(b) Any phase or manufacturing process was deliver equipment, instrument, apparatus and
established or undertaken within one hundred other paraphernalia for dangerous drugs,
(100) meters of a residential, business, church or knowing, or under circumstances where one
school premises; reasonably should know, that it will be used to
plant, propagate, cultivate, grow, harvest,
(c) Any clandestine laboratory was secured or manufacture, compound, convert, produce,
protected with booby traps; process, prepare, test, analyze, pack, repack,
store, contain or conceal any dangerous drug
(d) Any clandestine laboratory was concealed and/or controlled precursor and essential
with legitimate business operations; or chemical in violation of this Act.

(e) Any employment of a practitioner, chemical The penalty of imprisonment ranging from six
engineer, public official or foreigner. (6) months and one (1) day to four (4) years and
a fine ranging from Ten thousand pesos
The maximum penalty provided for under this (P10,000.00) to Fifty thousand pesos
Section shall be imposed upon any person, who (P50,000.00) shall be imposed if it will be used
organizes, manages or acts as a "financier" of to inject, ingest, inhale or otherwise introduce
any of the illegal activities prescribed in this into the human body a dangerous drug in
Section. violation of this Act.

The penalty of twelve (12) years and one (1) day The maximum penalty provided for under this
to twenty (20) years of imprisonment and a fine Section shall be imposed upon any person, who
ranging from One hundred thousand pesos uses a minor or a mentally incapacitated
(P100,000.00) to Five hundred thousand pesos individual to deliver such equipment,
(P500,000.00) shall be imposed upon any instrument, apparatus and other paraphernalia
person, who acts as a "protector/coddler" of any for dangerous drugs.
violator of the provisions under this Section.
Section 11. Possession of Dangerous Drugs. -
Section 9. Illegal Chemical Diversion of The penalty of life imprisonment to death and a
Controlled Precursors and Essential Chemicals. fine ranging from Five hundred thousand pesos
- The penalty of imprisonment ranging from (P500,000.00) to Ten million pesos
twelve (12) years and one (1) day to twenty (20) (P10,000,000.00) shall be imposed upon any
years and a fine ranging from One hundred person, who, unless authorized by law, shall
thousand pesos (P100,000.00) to Five hundred possess any dangerous drug in the following
thousand pesos (P500,000.00) shall be imposed quantities, regardless of the degree of purity
upon any person, who, unless authorized by law, thereof:
shall illegally divert any controlled precursor
and essential chemical. (1) 10 grams or more of opium;

Section 10. Manufacture or Delivery of (2) 10 grams or more of morphine;

Equipment, Instrument, Apparatus, and Other
Paraphernalia for Dangerous Drugs and/or (3) 10 grams or more of heroin;
Controlled Precursors and Essential Chemicals.
- The penalty of imprisonment ranging from (4) 10 grams or more of cocaine or cocaine
twelve (12) years and one (1) day to twenty (20) hydrochloride;
years and a fine ranging from One hundred

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(5) 50 grams or more of methamphetamine hundred (300) grams or more but less than five
hydrochloride or "shabu"; (hundred) 500) grams of marijuana; and

(6) 10 grams or more of marijuana resin or (3) Imprisonment of twelve (12) years and one
marijuana resin oil; (1) day to twenty (20) years and a fine ranging
from Three hundred thousand pesos
(7) 500 grams or more of marijuana; and (P300,000.00) to Four hundred thousand pesos
(P400,000.00), if the quantities of dangerous
(8) 10 grams or more of other dangerous drugs drugs are less than five (5) grams of opium,
such as, but not limited to, morphine, heroin, cocaine or cocaine
methylenedioxymethamphetamine (MDA) or hydrochloride, marijuana resin or marijuana
"ecstasy", paramethoxyamphetamine (PMA), resin oil, methamphetamine hydrochloride or
trimethoxyamphetamine (TMA), lysergic acid "shabu", or other dangerous drugs such as, but
diethylamine (LSD), gamma not limited to, MDMA or "ecstasy", PMA,
hydroxyamphetamine (GHB), and those TMA, LSD, GHB, and those similarly designed
similarly designed or newly introduced drugs or newly introduced drugs and their derivatives,
and their derivatives, without having any without having any therapeutic value or if the
therapeutic value or if the quantity possessed is quantity possessed is far beyond therapeutic
far beyond therapeutic requirements, as requirements; or less than three hundred (300)
determined and promulgated by the Board in grams of marijuana.
accordance to Section 93, Article XI of this Act.
Section 12. Possession of Equipment,
Otherwise, if the quantity involved is less than Instrument, Apparatus and Other Paraphernalia
the foregoing quantities, the penalties shall be for Dangerous Drugs. - The penalty of
graduated as follows: imprisonment ranging from six (6) months and
one (1) day to four (4) years and a fine ranging
(1) Life imprisonment and a fine ranging from from Ten thousand pesos (P10,000.00) to Fifty
Four hundred thousand pesos (P400,000.00) to thousand pesos (P50,000.00) shall be imposed
Five hundred thousand pesos (P500,000.00), if upon any person, who, unless authorized by law,
the quantity of methamphetamine hydrochloride shall possess or have under his/her control any
or "shabu" is ten (10) grams or more but less equipment, instrument, apparatus and other
than fifty (50) grams; paraphernalia fit or intended for smoking,
consuming, administering, injecting, ingesting,
(2) Imprisonment of twenty (20) years and one or introducing any dangerous drug into the
(1) day to life imprisonment and a fine ranging body: Provided, That in the case of medical
from Four hundred thousand pesos practitioners and various professionals who are
(P400,000.00) to Five hundred thousand pesos required to carry such equipment, instrument,
(P500,000.00), if the quantities of dangerous apparatus and other paraphernalia in the practice
drugs are five (5) grams or more but less than of their profession, the Board shall prescribe the
ten (10) grams of opium, morphine, heroin, necessary implementing guidelines thereof.
cocaine or cocaine hydrochloride, marijuana
resin or marijuana resin oil, methamphetamine The possession of such equipment, instrument,
hydrochloride or "shabu", or other dangerous apparatus and other paraphernalia fit or intended
drugs such as, but not limited to, MDMA or for any of the purposes enumerated in the
"ecstasy", PMA, TMA, LSD, GHB, and those preceding paragraph shall be prima
similarly designed or newly introduced drugs facie evidence that the possessor has smoked,
and their derivatives, without having any consumed, administered to himself/herself,
therapeutic value or if the quantity possessed is injected, ingested or used a dangerous drug and
far beyond therapeutic requirements; or three shall be presumed to have violated Section 15 of
this Act.

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Section 13. Possession of Dangerous Drugs pesos (P10,000,000.00) shall be imposed upon
During Parties, Social Gatherings or Meetings. any person, who shall plant, cultivate or culture
Any person found possessing any dangerous marijuana, opium poppy or any other plant
drug during a party, or at a social gathering or regardless of quantity, which is or may hereafter
meeting, or in the proximate company of at least be classified as a dangerous drug or as a source
two (2) persons, shall suffer the maximum from which any dangerous drug may be
penalties provided for in Section 11 of this Act, manufactured or derived: Provided, That in the
regardless of the quantity and purity of such case of medical laboratories and medical
dangerous drugs. research centers which cultivate or culture
marijuana, opium poppy and other plants, or
Section 14. Possession of Equipment, materials of such dangerous drugs for medical
Instrument, Apparatus and Other Paraphernalia experiments and research purposes, or for the
for Dangerous Drugs During Parties, Social creation of new types of medicine, the Board
Gatherings or Meetings. - The maximum shall prescribe the necessary implementing
penalty provided for in Section 12 of this Act guidelines for the proper cultivation, culture,
shall be imposed upon any person, who shall handling, experimentation and disposal of such
possess or have under his/her control any plants and materials.
equipment, instrument, apparatus and other
paraphernalia fit or intended for smoking, The land or portions thereof and/or greenhouses
consuming, administering, injecting, ingesting, on which any of said plants is cultivated or
or introducing any dangerous drug into the body, cultured shall be confiscated and escheated in
during parties, social gatherings or meetings, or favor of the State, unless the owner thereof can
in the proximate company of at least two (2) prove lack of knowledge of such cultivation or
persons. culture despite the exercise of due diligence on
his/her part. If the land involved is part of the
Section 15. Use of Dangerous Drugs. A public domain, the maximum penalty provided
person apprehended or arrested, who is found to for under this Section shall be imposed upon the
be positive for use of any dangerous drug, after a offender.
confirmatory test, shall be imposed a penalty of
a minimum of six (6) months rehabilitation in a The maximum penalty provided for under this
government center for the first offense, subject Section shall be imposed upon any person, who
to the provisions of Article VIII of this Act. If organizes, manages or acts as a "financier" of
apprehended using any dangerous drug for the any of the illegal activities prescribed in this
second time, he/she shall suffer the penalty of Section.
imprisonment ranging from six (6) years and one
(1) day to twelve (12) years and a fine ranging The penalty of twelve (12) years and one (1) day
from Fifty thousand pesos (P50,000.00) to Two to twenty (20) years of imprisonment and a fine
hundred thousand pesos ranging from One hundred thousand pesos
(P200,000.00): Provided, That this Section shall (P100,000.00) to Five hundred thousand pesos
not be applicable where the person tested is also (P500,000.00) shall be imposed upon any
found to have in his/her possession such person, who acts as a "protector/coddler" of any
quantity of any dangerous drug provided for violator of the provisions under this Section.
under Section 11 of this Act, in which case the
provisions stated therein shall apply. Section 17. Maintenance and Keeping of
Original Records of Transactions on Dangerous
Section 16. Cultivation or Culture of Plants Drugs and/or Controlled Precursors and
Classified as Dangerous Drugs or are Sources Essential Chemicals. - The penalty of
Thereof. - The penalty of life imprisonment to imprisonment ranging from one (1) year and one
death and a fine ranging from Five hundred (1) day to six (6) years and a fine ranging from
thousand pesos (P500,000.00) to Ten million Ten thousand pesos (P10,000.00) to Fifty

Page | 86
thousand pesos (P50,000.00) shall be imposed importation, sale, trading, administration,
upon any practitioner, manufacturer, wholesaler, dispensation, delivery, distribution,
importer, distributor, dealer or retailer who transportation or manufacture of any dangerous
violates or fails to comply with the maintenance drug and/or controlled precursor and essential
and keeping of the original records of chemical, the cultivation or culture of plants
transactions on any dangerous drug and/or which are sources of dangerous drugs, and the
controlled precursor and essential chemical in possession of any equipment, instrument,
accordance with Section 40 of this Act. apparatus and other paraphernalia for dangerous
drugs including other laboratory equipment,
An additional penalty shall be imposed through shall carry with it the confiscation and forfeiture,
the revocation of the license to practice his/her in favor of the government, of all the proceeds
profession, in case of a practitioner, or of the and properties derived from the unlawful act,
business, in case of a manufacturer, seller, including, but not limited to, money and other
importer, distributor, dealer or retailer. assets obtained thereby, and the instruments or
tools with which the particular unlawful act was
Section 18. Unnecessary Prescription of committed, unless they are the property of a
Dangerous Drugs. The penalty of third person not liable for the unlawful act, but
imprisonment ranging from twelve (12) years those which are not of lawful commerce shall be
and one (1) day to twenty (20) years and a fine ordered destroyed without delay pursuant to the
ranging from One hundred thousand pesos provisions of Section 21 of this Act.
(P100,000.00) to Five hundred thousand pesos
(P500,000.00) and the additional penalty of the After conviction in the Regional Trial Court in
revocation of his/her license to practice shall be the appropriate criminal case filed, the Court
imposed upon the practitioner, who shall shall immediately schedule a hearing for the
prescribe any dangerous drug to any person confiscation and forfeiture of all the proceeds of
whose physical or physiological condition does the offense and all the assets and properties of
not require the use or in the dosage prescribed the accused either owned or held by him or in
therein, as determined by the Board in the name of some other persons if the same shall
consultation with recognized competent experts be found to be manifestly out of proportion to
who are authorized representatives of his/her lawful income: Provided, however, That
professional organizations of practitioners, if the forfeited property is a vehicle, the same
particularly those who are involved in the care shall be auctioned off not later than five (5) days
of persons with severe pain. upon order of confiscation or forfeiture.

Section 19. Unlawful Prescription of Dangerous During the pendency of the case in the Regional
Drugs. The penalty of life imprisonment to Trial Court, no property, or income derived
death and a fine ranging from Five hundred therefrom, which may be confiscated and
thousand pesos (P500,000.00) to Ten million forfeited, shall be disposed, alienated or
pesos (P10,000,000.00) shall be imposed upon transferred and the same shall be in custodia
any person, who, unless authorized by law, shall legis and no bond shall be admitted for the
make or issue a prescription or any other writing release of the same.
purporting to be a prescription for any dangerous
drug. The proceeds of any sale or disposition of any
property confiscated or forfeited under this
Section 20. Confiscation and Forfeiture of the Section shall be used to pay all proper expenses
Proceeds or Instruments of the Unlawful Act, incurred in the proceedings for the confiscation,
Including the Properties or Proceeds Derived forfeiture, custody and maintenance of the
from the Illegal Trafficking of Dangerous Drugs property pending disposition, as well as
and/or Precursors and Essential Chemicals. expenses for publication and court costs. The
Every penalty imposed for the unlawful proceeds in excess of the above expenses shall

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accrue to the Board to be used in its campaign quantities of dangerous drugs still to be
against illegal drugs. examined by the forensic laboratory: Provided,
however, That a final certification shall be
Section 21. Custody and Disposition of issued on the completed forensic laboratory
Confiscated, Seized, and/or Surrendered examination on the same within the next twenty-
Dangerous Drugs, Plant Sources of Dangerous four (24) hours;
Drugs, Controlled Precursors and Essential
Chemicals, Instruments/Paraphernalia and/or (4) After the filing of the criminal case, the
Laboratory Equipment. The PDEA shall take Court shall, within seventy-two (72) hours,
charge and have custody of all dangerous drugs, conduct an ocular inspection of the confiscated,
plant sources of dangerous drugs, controlled seized and/or surrendered dangerous drugs, plant
precursors and essential chemicals, as well as sources of dangerous drugs, and controlled
instruments/paraphernalia and/or laboratory precursors and essential chemicals, including the
equipment so confiscated, seized and/or instruments/paraphernalia and/or laboratory
surrendered, for proper disposition in the equipment, and through the PDEA shall within
following manner: twenty-four (24) hours thereafter proceed with
the destruction or burning of the same, in the
(1) The apprehending team having initial presence of the accused or the person/s from
custody and control of the drugs shall, whom such items were confiscated and/or
immediately after seizure and confiscation, seized, or his/her representative or counsel, a
physically inventory and photograph the same in representative from the media and the DOJ, civil
the presence of the accused or the person/s from society groups and any elected public official.
whom such items were confiscated and/or The Board shall draw up the guidelines on the
seized, or his/her representative or counsel, a manner of proper disposition and destruction of
representative from the media and the such item/s which shall be borne by the
Department of Justice (DOJ), and any elected offender: Provided, That those item/s of lawful
public official who shall be required to sign the commerce, as determined by the Board, shall be
copies of the inventory and be given a copy donated, used or recycled for legitimate
thereof; purposes: Provided, further, That a
representative sample, duly weighed and
(2) Within twenty-four (24) hours upon recorded is retained;
confiscation/seizure of dangerous drugs, plant
sources of dangerous drugs, controlled (5) The Board shall then issue a sworn
precursors and essential chemicals, as well as certification as to the fact of destruction or
instruments/paraphernalia and/or laboratory burning of the subject item/s which, together
equipment, the same shall be submitted to the with the representative sample/s in the custody
PDEA Forensic Laboratory for a qualitative and of the PDEA, shall be submitted to the court
quantitative examination; having jurisdiction over the case. In all
instances, the representative sample/s shall be
(3) A certification of the forensic laboratory kept to a minimum quantity as determined by
examination results, which shall be done under the Board;
oath by the forensic laboratory examiner, shall
be issued within twenty-four (24) hours after the (6) The alleged offender or his/her
receipt of the subject item/s: Provided, That representative or counsel shall be allowed to
when the volume of the dangerous drugs, plant personally observe all of the above proceedings
sources of dangerous drugs, and controlled and his/her presence shall not constitute an
precursors and essential chemicals does not admission of guilt. In case the said offender or
allow the completion of testing within the time accused refuses or fails to appoint a
frame, a partial laboratory examination report representative after due notice in writing to the
shall be provisionally issued stating therein the accused or his/her counsel within seventy-two

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(72) hours before the actual burning or under this Act, regardless of the penalty imposed
destruction of the evidence in question, the by the Court, cannot avail of the privilege
Secretary of Justice shall appoint a member of granted by the Probation Law or Presidential
the public attorney's office to represent the Decree No. 968, as amended.
former;
Section 25. Qualifying Aggravating
(7) After the promulgation and judgment in the Circumstances in the Commission of a Crime by
criminal case wherein the representative an Offender Under the Influence of Dangerous
sample/s was presented as evidence in court, the Drugs. Notwithstanding the provisions of any
trial prosecutor shall inform the Board of the law to the contrary, a positive finding for the use
final termination of the case and, in turn, shall of dangerous drugs shall be a qualifying
request the court for leave to turn over the said aggravating circumstance in the commission of a
representative sample/s to the PDEA for proper crime by an offender, and the application of the
disposition and destruction within twenty-four penalty provided for in the Revised Penal Code
(24) hours from receipt of the same; and shall be applicable.

(8) Transitory Provision: a) Within twenty-four Section 26. Attempt or Conspiracy. Any
(24) hours from the effectivity of this Act, attempt or conspiracy to commit the following
dangerous drugs defined herein which are unlawful acts shall be penalized by the same
presently in possession of law enforcement penalty prescribed for the commission of the
agencies shall, with leave of court, be burned or same as provided under this Act:
destroyed, in the presence of representatives of
the Court, DOJ, Department of Health (DOH) (a) Importation of any dangerous drug and/or
and the accused/and or his/her counsel, and, b) controlled precursor and essential chemical;
Pending the organization of the PDEA, the
custody, disposition, and burning or destruction (b) Sale, trading, administration, dispensation,
of seized/surrendered dangerous drugs provided delivery, distribution and transportation of any
under this Section shall be implemented by the dangerous drug and/or controlled precursor and
DOH. essential chemical;

Section 22. Grant of Compensation, Reward (c) Maintenance of a den, dive or resort where
and Award. The Board shall recommend to the any dangerous drug is used in any form;
concerned government agency the grant of
compensation, reward and award to any person (d) Manufacture of any dangerous drug and/or
providing information and to law enforcers controlled precursor and essential chemical; and
participating in the operation, which results in
the successful confiscation, seizure or surrender (e) Cultivation or culture of plants which are
of dangerous drugs, plant sources of dangerous sources of dangerous drugs.
drugs, and controlled precursors and essential
chemicals.
Section 27. Criminal Liability of a Public
Officer or Employee for Misappropriation,
Section 23. Plea-Bargaining Provision. Any Misapplication or Failure to Account for the
person charged under any provision of this Act Confiscated, Seized and/or Surrendered
regardless of the imposable penalty shall not be Dangerous Drugs, Plant Sources of Dangerous
allowed to avail of the provision on plea- Drugs, Controlled Precursors and Essential
bargaining. Chemicals, Instruments/Paraphernalia and/or
Laboratory Equipment Including the Proceeds
Section 24. Non-Applicability of the Probation or Properties Obtained from the Unlawful Act
Law for Drug Traffickers and Pushers. Any Committed. The penalty of life imprisonment
person convicted for drug trafficking or pushing to death and a fine ranging from Five hundred

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thousand pesos (P500,000.00) to Ten million or knowingly tolerates such violation shall be
pesos (P10,000,000.00), in addition to absolute held criminally liable as a co-principal.
perpetual disqualification from any public
office, shall be imposed upon any public officer The penalty provided for the offense under this
or employee who misappropriates, misapplies or Act shall be imposed upon the partner, president,
fails to account for confiscated, seized or director, manager, trustee, estate administrator,
surrendered dangerous drugs, plant sources of or officer who knowingly authorizes, tolerates or
dangerous drugs, controlled precursors and consents to the use of a vehicle, vessel, aircraft,
essential chemicals, instruments/paraphernalia equipment or other facility, as an instrument in
and/or laboratory equipment including the the importation, sale, trading, administration,
proceeds or properties obtained from the dispensation, delivery, distribution,
unlawful acts as provided for in this Act. transportation or manufacture of dangerous
drugs, or chemical diversion, if such vehicle,
Any elective local or national official found to vessel, aircraft, equipment or other instrument is
have benefited from the proceeds of the owned by or under the control or supervision of
trafficking of dangerous drugs as prescribed in the partnership, corporation, association or
this Act, or have received any financial or juridical entity to which they are affiliated.
material contributions or donations from natural
or juridical persons found guilty of trafficking Section 31. Additional Penalty if Offender is an
dangerous drugs as prescribed in this Act, shall Alien. In addition to the penalties prescribed in
be removed from office and perpetually the unlawful act committed, any alien who
disqualified from holding any elective or violates such provisions of this Act shall, after
appointive positions in the government, its service of sentence, be deported immediately
divisions, subdivisions, and intermediaries, without further proceedings, unless the penalty
including government-owned or controlled is death.
corporations.
Section 32. Liability to a Person Violating Any
Section 28. Criminal Liability of Government Regulation Issued by the Board. The penalty
Officials and Employees. The maximum of imprisonment ranging from six (6) months
penalties of the unlawful acts provided for in and one (1) day to four (4) years and a fine
this Act shall be imposed, in addition to absolute ranging from Ten thousand pesos (P10,000.00)
perpetual disqualification from any public to Fifty thousand pesos (P50,000.00) shall be
office, if those found guilty of such unlawful imposed upon any person found violating any
acts are government officials and employees. regulation duly issued by the Board pursuant to
this Act, in addition to the administrative
Section 29. Criminal Liability for Planting of sanctions imposed by the Board.
Evidence. Any person who is found guilty of
"planting" any dangerous drug and/or controlled Section 33. Immunity from Prosecution and
precursor and essential chemical, regardless of Punishment. Notwithstanding the provisions of
quantity and purity, shall suffer the penalty of Section 17, Rule 119 of the Revised Rules of
death. Criminal Procedure and the provisions of
Republic Act No. 6981 or the Witness
Section 30. Criminal Liability of Officers of Protection, Security and Benefit Act of 1991,
Partnerships, Corporations, Associations or any person who has violated Sections 7, 11, 12,
Other Juridical Entities. In case any violation 14, 15, and 19, Article II of this Act, who
of this Act is committed by a partnership, voluntarily gives information about any
corporation, association or any juridical entity, violation of Sections 4, 5, 6, 8, 10, 13, and 16,
the partner, president, director, manager, trustee, Article II of this Act as well as any violation of
estate administrator, or officer who consents to the offenses mentioned if committed by a drug
syndicate, or any information leading to the

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whereabouts, identities and arrest of all or any of the purpose of harassing, molesting or in any
the members thereof; and who willingly testifies way prejudicing the persons described in the
against such persons as described above, shall be preceding Section against whom such
exempted from prosecution or punishment for information or testimony is directed against. In
the offense with reference to which his/her such case, the informant or witness shall be
information of testimony were given, and may subject to prosecution and the enjoyment of all
plead or prove the giving of such information rights and benefits previously accorded him
and testimony in bar of such under this Act or any other law, decree or order
prosecution: Provided, That the following shall be deemed terminated.
conditions concur:
In case an informant or witness under this Act
(1) The information and testimony are necessary fails or refuses to testify without just cause, and
for the conviction of the persons described when lawfully obliged to do so, or should he/she
above; violate any condition accompanying such
immunity as provided above, his/her immunity
(2) Such information and testimony are not yet shall be removed and he/she shall likewise be
in the possession of the State; subject to contempt and/or criminal prosecution,
as the case may be, and the enjoyment of all
(3) Such information and testimony can be rights and benefits previously accorded him
corroborated on its material points; under this Act or in any other law, decree or
order shall be deemed terminated.
(4) the informant or witness has not been
previously convicted of a crime involving moral In case the informant or witness referred to
turpitude, except when there is no other direct under this Act falls under the applicability of
evidence available for the State other than the this Section hereof, such individual cannot avail
information and testimony of said informant or of the provisions under Article VIII of this Act.
witness; and
Section 35. Accessory Penalties. A person
(5) The informant or witness shall strictly and convicted under this Act shall be disqualified to
faithfully comply without delay, any condition exercise his/her civil rights such as but not
or undertaking, reduced into writing, lawfully limited to, the rights of parental authority or
imposed by the State as further consideration for guardianship, either as to the person or property
the grant of immunity from prosecution and of any ward, the rights to dispose of such
punishment. property by any act or any conveyance inter
vivos, and political rights such as but not limited
Provided, further, That this immunity may be to, the right to vote and be voted for. Such rights
enjoyed by such informant or witness who does shall also be suspended during the pendency of
not appear to be most guilty for the offense with an appeal from such conviction.
reference to which his/her information or
testimony were given: Provided, finally, That ARTICLE III
there is no direct evidence available for the State
except for the information and testimony of the Dangerous Drugs Test and Record
said informant or witness. Requirements

Section 34. Termination of the Grant of Section 36. Authorized Drug Testing.
Immunity. The immunity granted to the Authorized drug testing shall be done by any
informant or witness, as prescribed in Section 33 government forensic laboratories or by any of
of this Act, shall not attach should it turn out the drug testing laboratories accredited and
subsequently that the information and/or monitored by the DOH to safeguard the quality
testimony is false, malicious or made only for of test results. The DOH shall take steps in

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setting the price of the drug test with DOH for suspension or termination, subject to the
accredited drug testing centers to further reduce provisions of Article 282 of the Labor Code and
the cost of such drug test. The drug testing shall pertinent provisions of the Civil Service Law;
employ, among others, two (2) testing methods,
the screening test which will determine the (e) Officers and members of the military, police
positive result as well as the type of the drug and other law enforcement agencies. Officers
used and the confirmatory test which will and members of the military, police and other
confirm a positive screening test. Drug test law enforcement agencies shall undergo an
certificates issued by accredited drug testing annual mandatory drug test;
centers shall be valid for a one-year period from
the date of issue which may be used for other (f) All persons charged before the prosecutor's
purposes. The following shall be subjected to office with a criminal offense having an
undergo drug testing: imposable penalty of imprisonment of not less
than six (6) years and one (1) day shall have to
(a) Applicants for driver's license. No driver's undergo a mandatory drug test; and
license shall be issued or renewed to any person
unless he/she presents a certification that he/she (g) All candidates for public office whether
has undergone a mandatory drug test and appointed or elected both in the national or local
indicating thereon that he/she is free from the government shall undergo a mandatory drug test.
use of dangerous drugs;
In addition to the above stated penalties in this
(b) Applicants for firearm's license and for Section, those found to be positive for dangerous
permit to carry firearms outside of residence. drugs use shall be subject to the provisions of
All applicants for firearm's license and permit to Section 15 of this Act.
carry firearms outside of residence shall undergo
a mandatory drug test to ensure that they are free Section 37. Issuance of False or Fraudulent
from the use of dangerous drugs: Provided, That Drug Test Results. Any person authorized,
all persons who by the nature of their profession licensed or accredited under this Act and its
carry firearms shall undergo drug testing; implementing rules to conduct drug examination
or test, who issues false or fraudulent drug test
(c) Students of secondary and tertiary schools. results knowingly, willfully or through gross
Students of secondary and tertiary schools shall, negligence, shall suffer the penalty of
pursuant to the related rules and regulations as imprisonment ranging from six (6) years and one
contained in the school's student handbook and (1) day to twelve (12) years and a fine ranging
with notice to the parents, undergo a random from One hundred thousand pesos
drug testing: Provided, That all drug testing (P100,000.00) to Five hundred thousand pesos
expenses whether in public or private schools (P500,000.00).
under this Section will be borne by the
government; An additional penalty shall be imposed through
the revocation of the license to practice his/her
(d) Officers and employees of public and private profession in case of a practitioner, and the
offices. Officers and employees of public and closure of the drug testing center.
private offices, whether domestic or overseas,
shall be subjected to undergo a random drug test Section 38. Laboratory Examination or Test on
as contained in the company's work rules and Apprehended/Arrested Offenders. Subject to
regulations, which shall be borne by the Section 15 of this Act, any person apprehended
employer, for purposes of reducing the risk in or arrested for violating the provisions of this
the workplace. Any officer or employee found Act shall be subjected to screening laboratory
positive for use of dangerous drugs shall be dealt examination or test within twenty-four (24)
with administratively which shall be a ground hours, if the apprehending or arresting officer

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has reasonable ground to believe that the person Section 40. Records Required for Transactions
apprehended or arrested, on account of physical on Dangerous Drug and Precursors and
signs or symptoms or other visible or outward Essential Chemicals.
manifestation, is under the influence of
dangerous drugs. If found to be positive, the a) Every pharmacist dealing in dangerous drugs
results of the screening laboratory examination and/or controlled precursors and essential
or test shall be challenged within fifteen (15) chemicals shall maintain and keep an original
days after receipt of the result through a record of sales, purchases, acquisitions and
confirmatory test conducted in any accredited deliveries of dangerous drugs, indicating therein
analytical laboratory equipment with a gas the following information:
chromatograph/mass spectrometry equipment or
some such modern and accepted method, if (1) License number and address of the
confirmed the same shall be prima pharmacist;
facie evidence that such person has used
dangerous drugs, which is without prejudice for (2) Name, address and license of the
the prosecution for other violations of the manufacturer, importer or wholesaler from
provisions of this Act: Provided, That a positive whom the dangerous drugs have been
screening laboratory test must be confirmed for purchased;
it to be valid in a court of law.
(3) Quantity and name of the dangerous drugs
Section 39. Accreditation of Drug Testing purchased or acquired;
Centers and Physicians. The DOH shall be
tasked to license and accredit drug testing (4) Date of acquisition or purchase;
centers in each province and city in order to
assure their capacity, competence, integrity and
(5) Name, address and community tax certificate
stability to conduct the laboratory examinations
number of the buyer;
and tests provided in this Article, and appoint
such technical and other personnel as may be
necessary for the effective implementation of (6) Serial number of the prescription and the
this provision. The DOH shall also accredit name of the physician, dentist, veterinarian or
physicians who shall conduct the drug practitioner issuing the same;
dependency examination of a drug dependent as
well as the after-care and follow-up program for (7) Quantity and name of the dangerous drugs
the said drug dependent. There shall be a control sold or delivered; and
regulations, licensing and accreditation division
under the supervision of the DOH for this (8) Date of sale or delivery.
purpose.
A certified true copy of such record covering a
For this purpose, the DOH shall establish, period of six (6) months, duly signed by the
operate and maintain drug testing centers in pharmacist or the owner of the drugstore,
government hospitals, which must be provided pharmacy or chemical establishment, shall be
at least with basic technologically advanced forwarded to the Board within fifteen (15) days
equipment and materials, in order to conduct the following the last day of June and December of
laboratory examination and tests herein each year, with a copy thereof furnished the city
provided, and appoint such qualified and duly or municipal health officer concerned.
trained technical and other personnel as may be
necessary for the effective implementation of (b) A physician, dentist, veterinarian or
this provision. practitioner authorized to prescribe any
dangerous drug shall issue the prescription
therefor in one (1) original and two (2) duplicate
copies. The original, after the prescription has

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been filled, shall be retained by the pharmacist Section 41. Involvement of the Family. The
for a period of one (1) year from the date of sale family being the basic unit of the Filipino
or delivery of such drug. One (1) copy shall be society shall be primarily responsible for the
retained by the buyer or by the person to whom education and awareness of the members of the
the drug is delivered until such drug is family on the ill effects of dangerous drugs and
consumed, while the second copy shall be close monitoring of family members who may
retained by the person issuing the prescription. be susceptible to drug abuse.

For purposes of this Act, all prescriptions issued Section 42. Student Councils and Campus
by physicians, dentists, veterinarians or Organizations. All elementary, secondary and
practitioners shall be written on forms tertiary schools' student councils and campus
exclusively issued by and obtainable from the organizations shall include in their activities a
DOH. Such forms shall be made of a special program for the prevention of and deterrence in
kind of paper and shall be distributed in such the use of dangerous drugs, and referral for
quantities and contain such information and treatment and rehabilitation of students for drug
other data as the DOH may, by rules and dependence.
regulations, require. Such forms shall only be
issued by the DOH through its authorized Section 43. School Curricula. Instruction on
employees to licensed physicians, dentists, drug abuse prevention and control shall be
veterinarians and practitioners in such quantities integrated in the elementary, secondary and
as the Board may authorize. In emergency cases, tertiary curricula of all public and private
however, as the Board may specify in the public schools, whether general, technical, vocational
interest, a prescription need not be accomplished or agro-industrial as well as in non-formal,
on such forms. The prescribing physician, informal and indigenous learning systems. Such
dentist, veterinarian or practitioner shall, within instructions shall include:
three (3) days after issuing such prescription,
inform the DOH of the same in writing. No (1) Adverse effects of the abuse and misuse of
prescription once served by the drugstore or dangerous drugs on the person, the family, the
pharmacy be reused nor any prescription once school and the community;
issued be refilled.
(2) Preventive measures against drug abuse;
(c) All manufacturers, wholesalers, distributors,
importers, dealers and retailers of dangerous (3) Health, socio-cultural, psychological, legal
drugs and/or controlled precursors and essential and economic dimensions and implications of
chemicals shall keep a record of all inventories, the drug problem;
sales, purchases, acquisitions and deliveries of
the same as well as the names, addresses and (4) Steps to take when intervention on behalf of
licenses of the persons from whom such items a drug dependent is needed, as well as the
were purchased or acquired or to whom such services available for the treatment and
items were sold or delivered, the name and rehabilitation of drug dependents; and
quantity of the same and the date of the
transactions. Such records may be subjected
(5) Misconceptions about the use of dangerous
anytime for review by the Board.
drugs such as, but not limited to, the importance
and safety of dangerous drugs for medical and
ARTICLE IV therapeutic use as well as the differentiation
between medical patients and drug dependents
Participation of the Family, Students, in order to avoid confusion and accidental
Teachers and School Authorities in the stigmatization in the consciousness of the
Enforcement of this Act students.

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Section 44. Heads, Supervisors, and Teachers of education drug center for out-of-school youth
Schools. For the purpose of enforcing the and street children. Such Center which shall be
provisions of Article II of this Act, all school headed by the Provincial Social. Welfare
heads, supervisors and teachers shall be deemed Development Officer shall sponsor drug
persons in authority and, as such, are hereby prevention programs and activities and
empowered to apprehend, arrest or cause the information campaigns with the end in view of
apprehension or arrest of any person who shall educating the out-of-school youth and street
violate any of the said provisions, pursuant to children regarding the pernicious effects of drug
Section 5, Rule 113 of the Rules of Court. They abuse. The programs initiated by the Center
shall be deemed persons in authority if they are shall likewise be adopted in all public and
in the school or within its immediate vicinity, or private orphanage and existing special centers
even beyond such immediate vicinity if they are for street children.
in attendance at any school or class function in
their official capacity as school heads, ARTICLE V
supervisors, and teachers.
Promotion of a National Drug-Free
Any teacher or school employee, who discovers Workplace Program With the Participation
or finds that any person in the school or within of Private and Labor Sectors and the
its immediate vicinity is liable for violating any Department of Labor and Employment
of said provisions, shall have the duty to report
the same to the school head or immediate Section 47. Drug-Free Workplace. It is
superior who shall, in turn, report the matter to deemed a policy of the State to promote drug-
the proper authorities. free workplaces using a tripartite approach. With
the assistance of the Board, the Department of
Failure to do so in either case, within a Labor and Employment (DOLE) shall develop,
reasonable period from the time of discovery of promote and implement a national drug abuse
the violation shall, after due hearing, constitute prevention program in the workplace to be
sufficient cause for disciplinary action by the adopted by private companies with ten (10) or
school authorities. more employees. Such program shall include the
mandatory drafting and adoption of company
Section 45. Publication and Distribution of policies against drug use in the workplace in
Materials on Dangerous Drugs. With the close consultation and coordination with the
assistance of the Board, the Secretary of the DOLE, labor and employer organizations,
Department of Education (DepEd), the human resource development managers and
Chairman of the Commission on Higher other such private sector organizations.
Education (CHED) and the Director-General of
the Technical Education and Skills Development Section 48. Guidelines for the National Drug-
Authority (TESDA) shall cause the Free Workplace Program. The Board and the
development, publication and distribution of DOLE shall formulate the necessary guidelines
information and support educational materials for the implementation of the national drug-free
on dangerous drugs to the students, the faculty, workplace program. The amount necessary for
the parents, and the community. the implementation of which shall be included in
the annual General Appropriations Act.
Section 46. Special Drug Education Center.
With the assistance of the Board, the ARTICLE VI
Department of the Interior and Local
Government (DILG), the National Youth Participation of the Private and Labor
Commission (NYC), and the Department of Sectors in the Enforcement of this Act
Social Welfare and Development (DSWD) shall
establish in each of its provincial office a special

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Section 49. Labor Organizations and the (3) After hearing in which the Board may
Private Sector. All labor unions, federations, consider any evidence, including evidence of the
associations, or organizations in cooperation general reputation of the place or premises, and
with the respective private sector partners shall at which the owner of the premises shall have an
include in their collective bargaining or any opportunity to present evidence in his/her
similar agreements, joint continuing programs defense, the Board may declare the place or
and information campaigns for the laborers premises to be a public nuisance.
similar to the programs provided under Section
47 of this Act with the end in view of achieving Section 53. Effect of Board Declaration. If the
a drug free workplace. Board declares a place or premises to be a public
nuisance, it may declare an order immediately
Section 50. Government Assistance. The labor prohibiting the conduct, operation, or
sector and the respective partners may, in pursuit maintenance of any business or activity on the
of the programs mentioned in the preceding premises which is conducive to such nuisance.
Section, secure the technical assistance, such as
but not limited to, seminars and information An order entered under this Section shall expire
dissemination campaigns of the appropriate after one (1) year or at such earlier time as stated
government and law enforcement agencies. in the order. The Board may bring a complaint
seeking a permanent injunction against any
ARTICLE VII nuisance described under this Section.

Participation of Local Government Units This Article does not restrict the right of any
person to proceed under the Civil Code against
Section 51. Local Government Units' any public nuisance.
Assistance. Local government units shall
appropriate a substantial portion of their ARTICLE VIII
respective annual budgets to assist in or enhance
the enforcement of this Act giving priority to Program for Treatment and Rehabilitation of
preventive or educational programs and the Drug Dependents
rehabilitation or treatment of drug dependents.
Section 54. Voluntary Submission of a Drug
Section 52. Abatement of Drug Related Public Dependent to Confinement, Treatment and
Nuisances. Any place or premises which have Rehabilitation. A drug dependent or any
been used on two or more occasions as the site person who violates Section 15 of this Act may,
of the unlawful sale or delivery of dangerous by himself/herself or through his/her parent,
drugs may be declared to be a public nuisance, spouse, guardian or relative within the fourth
and such nuisance may be abated, pursuant to degree of consanguinity or affinity, apply to the
the following procedures: Board or its duly recognized representative, for
treatment and rehabilitation of the drug
(1) Any city or municipality may, by ordinance, dependency. Upon such application, the Board
create an administrative board to hear shall bring forth the matter to the Court which
complaints regarding the nuisances; shall order that the applicant be examined for
drug dependency. If the examination by a DOH-
(2) any employee, officer, or resident of the city accredited physician results in the issuance of a
or municipality may bring a complaint before certification that the applicant is a drug
the Board after giving not less than three (3) dependent, he/she shall be ordered by the Court
days written notice of such complaint to the to undergo treatment and rehabilitation in a
owner of the place or premises at his/her last Center designated by the Board for a period of
known address; and not less than six (6) months: Provided, That a
drug dependent may be placed under the care of

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a DOH-accredited physician where there is no affinity, within one (1) week from the date of the
Center near or accessible to the residence of the said escape; and
drug dependent or where said drug dependent is
below eighteen (18) years of age and is a first- (4) He/she poses no serious danger to
time offender and non-confinement in a Center himself/herself, his/her family or the community
will not pose a serious danger to his/her family by his/her exemption from criminal liability.
or the community.
Section 56. Temporary Release From the
Confinement in a Center for treatment and Center; After-Care and Follow-Up Treatment
rehabilitation shall not exceed one (1) year, after Under the Voluntary Submission Program.
which time the Court, as well as the Board, shall Upon certification of the Center that the drug
be apprised by the head of the treatment and dependent within the voluntary submission
rehabilitation center of the status of said drug program may be temporarily released, the Court
dependent and determine whether further shall order his/her release on condition that said
confinement will be for the welfare of the drug drug dependent shall report to the DOH for
dependent and his/her family or the community. after-care and follow-up treatment, including
urine testing, for a period not exceeding eighteen
Section 55. Exemption from the Criminal (18) months under such terms and conditions
Liability Under the Voluntary Submission that the Court may impose.
Program. A drug dependent under the voluntary
submission program, who is finally discharged If during the period of after-care and follow-up,
from confinement, shall be exempt from the the drug dependent is certified to be
criminal liability under Section 15 of this act rehabilitated, he/she may be discharged by the
subject to the following conditions: Court, subject to the provisions of Section 55 of
this Act, without prejudice to the outcome of any
(1) He/she has complied with the rules and pending case filed in court.
regulations of the center, the applicable rules
and regulations of the Board, including the after- However, should the DOH find that during the
care and follow-up program for at least eighteen initial after-care and follow-up program of
(18) months following temporary discharge from eighteen (18) months, the drug dependent
confinement in the Center or, in the case of a requires further treatment and rehabilitation in
dependent placed under the care of the DOH- the Center, he/she shall be recommitted to the
accredited physician, the after-care program and Center for confinement. Thereafter, he/she may
follow-up schedule formulated by the DSWD again be certified for temporary release and
and approved by the Board: Provided, That ordered released for another after-care and
capability-building of local government social follow-up program pursuant to this Section.
workers shall be undertaken by the DSWD;
Section 57. Probation and Community Service
(2) He/she has never been charged or convicted Under the Voluntary Submission Program. A
of any offense punishable under this Act, the drug dependent who is discharged as
Dangerous Drugs Act of 1972 or Republic Act rehabilitated by the DOH-accredited Center
No. 6425, as amended; the Revised Penal Code, through the voluntary submission program, but
as amended; or any special penal laws; does not qualify for exemption from criminal
liability under Section 55 of this Act, may be
(3) He/she has no record of escape from a charged under the provisions of this Act, but
Center: Provided, That had he/she escaped, shall be placed on probation and undergo a
he/she surrendered by himself/herself or through community service in lieu of imprisonment
his/her parent, spouse, guardian or relative and/or fine in the discretion of the court, without
within the fourth degree of consanguinity or prejudice to the outcome of any pending case
filed in court.

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Such drug dependent shall undergo community and medical records of drug dependents under
service as part of his/her after-care and follow- the voluntary submission program shall be
up program, which may be done in coordination confidential and shall not be used against him
with nongovernmental civil organizations for any purpose, except to determine how many
accredited by the DSWD, with the times, by himself/herself or through his/her
recommendation of the Board. parent, spouse, guardian or relative within the
fourth degree of consanguinity or affinity, he/she
Section 58. Filing of Charges Against a Drug voluntarily submitted himself/herself for
Dependent Who is Not Rehabilitated Under the confinement, treatment and rehabilitation or has
Voluntary Submission Program. A drug been committed to a Center under this program.
dependent, who is not rehabilitated after the
second commitment to the Center under the Section 61. Compulsory Confinement of a Drug
voluntary submission program, shall, upon Dependent Who Refuses to Apply Under the
recommendation of the Board, be charged for Voluntary Submission Program.
violation of Section 15 of this Act and Notwithstanding any law, rule and regulation to
prosecuted like any other offender. If convicted, the contrary, any person determined and found
he/she shall be credited for the period of to be dependent on dangerous drugs shall, upon
confinement and rehabilitation in the Center in petition by the Board or any of its authorized
the service of his/her sentence. representative, be confined for treatment and
rehabilitation in any Center duly designated or
Section 59. Escape and Recommitment for accredited for the purpose.
Confinement and Rehabilitation Under the
Voluntary Submission Program. Should a drug A petition for the confinement of a person
dependent under the voluntary submission alleged to be dependent on dangerous drugs to a
program escape from the Center, he/she may Center may be filed by any person authorized by
submit himself/herself for recommitment within the Board with the Regional Trial Court of the
one (1) week therefrom, or his/her parent, province or city where such person is found.
spouse, guardian or relative within the fourth
degree of consanguinity or affinity may, within After the petition is filed, the court, by an order,
said period, surrender him for recommitment, in shall immediately fix a date for the hearing, and
which case the corresponding order shall be a copy of such order shall be served on the
issued by the Board. person alleged to be dependent on dangerous
drugs, and to the one having charge of him.
Should the escapee fail to submit himself/herself
or be surrendered after one (1) week, the Board If after such hearing and the facts so warrant, the
shall apply to the court for a recommitment court shall order the drug dependent to be
order upon proof of previous commitment or examined by two (2) physicians accredited by
his/her voluntary submission by the Board, the the Board. If both physicians conclude that the
court may issue an order for recommitment respondent is not a drug dependent, the court
within one (1) week. shall order his/her discharge. If either physician
finds him to be a dependent, the court shall
If, subsequent to a recommitment, the dependent conduct a hearing and consider all relevant
once again escapes from confinement, he/she evidence which may be offered. If the court
shall be charged for violation of Section 15 of finds him a drug dependent, it shall issue an
this Act and he subjected under section 61 of order for his/her commitment to a treatment and
this Act, either upon order of the Board or upon rehabilitation center under the supervision of the
order of the court, as the case may be. DOH. In any event, the order of discharge or
order of confinement or commitment shall be
Section 60. Confidentiality of Records Under issued not later than fifteen (15) days from the
the Voluntary Submission Program. Judicial filing of the appropriate petition.

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Section 62. Compulsory Submission of a Drug Section 63. Prescription of the Offense Charged
Dependent Charged with an Offense to Against a Drug Dependent Under the
Treatment and Rehabilitation. If a person Compulsory Submission Program. The period
charged with an offense where the imposable of prescription of the offense charged against a
penalty is imprisonment of less than six (6) drug dependent under the compulsory
years and one (1) day, and is found by the submission program shall not run during the
prosecutor or by the court, at any stage of the time that the drug dependent is under
proceedings, to be a drug dependent, the confinement in a Center or otherwise under the
prosecutor or the court as the case may be, shall treatment and rehabilitation program approved
suspend all further proceedings and transmit by the Board.
copies of the record of the case to the Board.
Upon certification of the Center that he/she may
In the event he Board determines, after medical temporarily be discharged from the said Center,
examination, that public interest requires that the court shall order his/her release on condition
such drug dependent be committed to a center that he/she shall report to the Board through the
for treatment and rehabilitation, it shall file a DOH for after-care and follow-up treatment for
petition for his/her commitment with the a period not exceeding eighteen (18) months
regional trial court of the province or city where under such terms and conditions as may be
he/she is being investigated or tried: Provided, imposed by the Board.
That where a criminal case is pending in court,
such petition shall be filed in the said court. The If at anytime during the after-care and follow-up
court shall take judicial notice of the prior period, the Board certifies to his/her complete
proceedings in the case and shall proceed to hear rehabilitation, the court shall order his/her final
the petition. If the court finds him to be a drug discharge from confinement and order for the
dependent, it shall order his/her commitment to immediate resumption of the trial of the case for
a Center for treatment and rehabilitation. The which he/she is originally charged. Should the
head of said Center shall submit to the court Board through the DOH find at anytime during
every four (4) months, or as often as the court the after-care and follow-up period that he/she
may require, a written report on the progress of requires further treatment and rehabilitation, it
the treatment. If the dependent is rehabilitated, shall report to the court, which shall order
as certified by the center and the Board, he/she his/her recommitment to the Center.
shall be returned to the court, which committed
him, for his/her discharge therefrom. Should the drug dependent, having been
committed to a Center upon petition by the
Thereafter, his/her prosecution for any offense Board escape therefrom, he/she may resubmit
punishable by law shall be instituted or shall himself/herself for confinement within one (1)
continue, as the case may be. In case of week from the date of his/her escape; or his/her
conviction, the judgment shall, if the accused is parent, spouse, guardian or relative within the
certified by the treatment and rehabilitation fourth degree of consanguinity or affinity may,
center to have maintained good behavior, within the same period, surrender him for
indicate that he/she shall be given full credit for recommitment. If, however, the drug dependent
the period he/she was confined in the does not resubmit himself/herself for
Center: Provided, however, That when the confinement or he/she is not surrendered for
offense is for violation of Section 15 of this Act recommitment, the Board may apply with the
and the accused is not a recidivist, the penalty court for the issuance of the recommitment
thereof shall be deemed to have been served in order. Upon proof of previous commitment, the
the Center upon his/her release therefrom after court shall issue an order for recommitment. If,
certification by the Center and the Board that subsequent to such recommitment, he/she should
he/she is rehabilitated. escape again, he/she shall no longer be exempt

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from criminal liability for use of any dangerous (a) He/she has not been previously convicted of
drug. violating any provision of this Act, or of the
Dangerous Drugs Act of 1972, as amended; or
A drug dependent committed under this of the Revised Penal Code; or of any special
particular Section who is finally discharged from penal laws;
confinement shall be exempt from criminal
liability under Section 15 of this Act, without (b) He/she has not been previously committed to
prejudice to the outcome of any pending case a Center or to the care of a DOH-accredited
filed in court. On the other hand, a drug physician; and
dependent who is not rehabilitated after a second
commitment to the Center shall, upon conviction (c) The Board favorably recommends that
by the appropriate court, suffer the same his/her sentence be suspended.
penalties provided for under Section 15 of this
Act again without prejudice to the outcome of While under suspended sentence, he/she shall be
any pending case filed in court. under the supervision and rehabilitative
surveillance of the Board, under such conditions
Section 64. Confidentiality of Records Under that the court may impose for a period ranging
the Compulsory Submission Program. The from six (6) months to eighteen (18) months.
records of a drug dependent who was
rehabilitated and discharged from the Center Upon recommendation of the Board, the court
under the compulsory submission program, or may commit the accused under suspended
who was charged for violation of Section 15 of sentence to a Center, or to the care of a DOH-
this Act, shall be covered by Section 60 of this accredited physician for at least six (6) months,
Act. However, the records of a drug dependent with after-care and follow-up program for not
who was not rehabilitated, or who escaped but more than eighteen (18) months.
did not surrender himself/herself within the
prescribed period, shall be forwarded to the In the case of minors under fifteen (15) years of
court and their use shall be determined by the age at the time of the commission of any offense
court, taking into consideration public interest penalized under this Act, Article 192 of
and the welfare of the drug dependent. Presidential Decree No. 603, otherwise known
as the Child and Youth Welfare Code, as
Section 65. Duty of the Prosecutor in the amended by Presidential Decree No. 1179 shall
Proceedings. It shall be the duty of the apply, without prejudice to the application of the
provincial or the city prosecutor or their provisions of this Section.
assistants or state prosecutors to prepare the
appropriate petition in all proceedings arising Section 67. Discharge After Compliance with
from this Act. Conditions of Suspended Sentence of a First-
Time Minor Offender. If the accused first time
Section 66. Suspension of Sentence of a First- minor offender under suspended sentence
Time Minor Offender. An accused who is over complies with the applicable rules and
fifteen (15) years of age at the time of the regulations of the Board, including confinement
commission of the offense mentioned in Section in a Center, the court, upon a favorable
11 of this Act, but not more than eighteen (18) recommendation of the Board for the final
years of age at the time when judgment should discharge of the accused, shall discharge the
have been promulgated after having been found accused and dismiss all proceedings.
guilty of said offense, may be given the benefits
of a suspended sentence, subject to the following Upon the dismissal of the proceedings against
conditions: the accused, the court shall enter an order to
expunge all official records, other than the
confidential record to be retained by the DOJ

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relating to the case. Such an order, which shall The community service shall be complied with
be kept confidential, shall restore the accused to under conditions, time and place as may be
his/her status prior to the case. He/she shall not determined by the court in its discretion and
be held thereafter to be guilty of perjury or of upon the recommendation of the Board and shall
concealment or misrepresentation by reason of apply only to violators of Section 15 of this Act.
his/her failure to acknowledge the case or recite The completion of the community service shall
any fact related thereto in response to any be under the supervision and rehabilitative
inquiry made of him for any purpose. surveillance of the Board during the period
required by the court. Thereafter, the Board shall
Section 68. Privilege of Suspended Sentence to render a report on the manner of compliance of
be Availed of Only Once by a First-Time Minor said community service. The court in its
Offender. The privilege of suspended sentence discretion may require extension of the
shall be availed of only once by an accused drug community service or order a final discharge.
dependent who is a first-time offender over
fifteen (15) years of age at the time of the In both cases, the judicial records shall be
commission of the violation of Section 15 of this covered by the provisions of Sections 60 and 64
Act but not more than eighteen (18) years of age of this Act.
at the time when judgment should have been
promulgated. If the sentence promulgated by the court requires
imprisonment, the period spent in the Center by
Section 69. Promulgation of Sentence for First- the accused during the suspended sentence
Time Minor Offender. If the accused first-time period shall be deducted from the sentence to be
minor offender violates any of the conditions of served.
his/her suspended sentence, the applicable rules
and regulations of the Board exercising Section 71. Records to be kept by the
supervision and rehabilitative surveillance over Department of Justice. The DOJ shall keep a
him, including the rules and regulations of the confidential record of the proceedings on
Center should confinement be required, the court suspension of sentence and shall not be used for
shall pronounce judgment of conviction and any purpose other than to determine whether or
he/she shall serve sentence as any other not a person accused under this Act is a first-
convicted person. time minor offender.

Section 70. Probation or Community Service for Section 72. Liability of a Person Who Violates
a First-Time Minor Offender in Lieu of the Confidentiality of Records. The penalty of
Imprisonment. Upon promulgation of the imprisonment ranging from six (6) months and
sentence, the court may, in its discretion, place one (1) day to six (6) years and a fine ranging
the accused under probation, even if the from One thousand pesos (P1,000.00) to Six
sentence provided under this Act is higher than thousand pesos (P6,000.00), shall be imposed
that provided under existing law on probation, or upon any person who, having official custody of
impose community service in lieu of or access to the confidential records of any drug
imprisonment. In case of probation, the dependent under voluntary submission
supervision and rehabilitative surveillance shall programs, or anyone who, having gained
be undertaken by the Board through the DOH in possession of said records, whether lawfully or
coordination with the Board of Pardons and not, reveals their content to any person other
Parole and the Probation Administration. Upon than those charged with the prosecution of the
compliance with the conditions of the probation, offenses under this Act and its implementation.
the Board shall submit a written report to the The maximum penalty shall be imposed, in
court recommending termination of probation addition to absolute perpetual disqualification
and a final discharge of the probationer, from any public office, when the offender is a
whereupon the court shall issue such an order. government official or employee. Should the

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records be used for unlawful purposes, such as support the establishment of government-
blackmail of the drug dependent or the members operated regional treatment and rehabilitation
of his/her family, the penalty imposed for the centers depending upon the availability of funds.
crime of violation of confidentiality shall be in The national government, through its
addition to whatever crime he/she may be appropriate agencies shall give priority funding
convicted of. for the increase of subsidy to existing
government drug rehabilitation centers, and shall
Section 73. Liability of a Parent, Spouse or establish at least one (1) drug rehabilitation
Guardian Who Refuses to Cooperate with the center in each province, depending on the
Board or any Concerned Agency. Any parent, availability of funds.
spouse or guardian who, without valid reason,
refuses to cooperate with the Board or any Section 76. The Duties and Responsibilities of
concerned agency in the treatment and the Department of health (DOH) Under this Act.
rehabilitation of a drug dependent who is a The DOH shall:
minor, or in any manner, prevents or delays the
after-care, follow-up or other programs for the (1) Oversee the monitor the integration,
welfare of the accused drug dependent, whether coordination and supervision of all drug
under voluntary submission program or rehabilitation, intervention, after-care and
compulsory submission program, may be cited follow-up programs, projects and activities as
for contempt by the court. well as the establishment, operations,
maintenance and management of privately-
Section 74. Cost-Sharing in the Treatment and owned drug treatment rehabilitation centers and
Rehabilitation of a Drug Dependent. The drug testing networks and laboratories
parent, spouse, guardian or any relative within throughout the country in coordination with the
the fourth degree of consanguinity of any person DSWD and other agencies;
who is confined under the voluntary submission
program or compulsory submission program (2) License, accredit, establish and maintain
shall be charged a certain percentage of the cost drug test network and laboratory, initiate,
of his/her treatment and rehabilitation, the conduct and support scientific research on drugs
guidelines of which shall be formulated by the and drug control;
DSWD taking into consideration the economic
status of the family of the person confined. The (3) Encourage, assist and accredit private
guidelines therein formulated shall be centers, promulgate rules and regulations setting
implemented by a social worker of the local minimum standards for their accreditation to
government unit. assure their competence, integrity and stability;

Section 75. Treatment and Rehabilitation (4) Prescribe and promulgate rules and
Centers. The existing treatment and regulations governing the establishment of such
rehabilitation centers for drug dependents Centers as it may deem necessary after
operated and maintained by the NBI and the conducting a feasibility study thereof;
PNP shall be operated, maintained and managed
by the DOH in coordination with other (5) The DOH shall, without prejudice to the
concerned agencies. For the purpose of criminal prosecution of those found guilty of
enlarging the network of centers, the Board violating this Act, order the closure of a Center
through the DOH shall encourage, promote or for treatment and rehabilitation of drug
whenever feasible, assist or support in the dependency when, after investigation it is found
establishment, operations and maintenance of guilty of violating the provisions of this Act or
private centers which shall be eligible to receive regulations issued by the Board; and
grants, donations or subsidy from either
government or private sources. It shall also

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(6) Charge reasonable fees for drug dependency (1) Secretary of the Department of Justice or
examinations, other medical and legal services his/her representative;
provided to the public, which shall accrue to the
Board. All income derived from these sources (2) Secretary of the Department of Health or
shall be part of the funds constituted as special his/her representative;
funds for the implementation of this Act under
Section 87. (3) Secretary of the Department of National
Defense or his/her representative;
ARTICLE IX
(4) Secretary of the Department of Finance or
Dangerous Drugs Board and Philippine Drug his/her representative;
Enforcement Agency
(5) Secretary of the Department of Labor and
Section 77. The Dangerous Drugs Board. The Employment or his/her representative;
Board shall be the policy-making and strategy-
formulating body in the planning and (6) Secretary of the Department of the Interior
formulation of policies and programs on drug and Local Government or his/her representative;
prevention and control. It shall develop and
adopt a comprehensive, integrated, unified and (7) Secretary of the Department of Social
balanced national drug abuse prevention and Welfare and Development or his/her
control strategy. It shall be under the Office of representative;
the President.
(8) Secretary of the Department of Foreign
Section 78. Composition of the Board. The Affairs or his/her representative;
Board shall be composed of seventeen (17)
members wherein three (3) of which are (9) Secretary of the Department of Education or
permanent members, the other twelve (12) his/her representative;
members shall be in an ex officio capacity and
the two (2) shall be regular members.
(10) Chairman of the Commission on Higher
Education or his/her representative;
The three (3) permanent members, who shall
possess at least seven-year training and
(11) Chairman of the National Youth
experience in the field of dangerous drugs and in
Commission;
any of the following fields: in law, medicine,
criminology, psychology or social work, shall be
appointed by the President of the Philippines. (12) Director General of the Philippine Drug
The President shall designate a Chairman, who Enforcement Agency.
shall have the rank of a secretary from among
the three (3) permanent members who shall Cabinet secretaries who are members of the
serve for six (6) years. Of the two (2) other Board may designate their duly authorized and
members, who shall both have the rank of permanent representatives whose ranks shall in
undersecretary, one (1) shall serve for four (4) no case be lower than undersecretary.
years and the other for two (2) years. Thereafter,
the persons appointed to succeed such members The two (2) regular members shall be as
shall hold office for a term of six (6) years and follows:
until their successors shall have been duly
appointed and qualified. (a) The president of the Integrated Bar of the
Philippines; and
The other twelve (12) members who shall be ex
officio members of the Board are the following:

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(b) The chairman or president of a non- The existing secretariat of the Board shall be
government organization involved in dangerous under the administrative control and supervision
drug campaign to be appointed by the President of the Executive Director. It shall be composed
of the Philippines. of the following divisions, namely: Policy
Studies, Research and Statistics; Preventive
The Director of the NBI and the Chief of the Education, Training and Information; Legal
PNP shall be the permanent consultants of the Affairs; and the Administrative and Financial
Board, and shall attend all the meetings of the Management.
Board.
Section 81. Powers and Duties of the Board.
All members of the Board as well as its The Board shall:
permanent consultants shall receive a per diem
for every meeting actually attended subject to (a) Formulate, develop and establish a
the pertinent budgetary laws, rules and comprehensive, integrated, unified and balanced
regulations on compensation, honoraria and national drug use prevention and control
allowances: Provided, That where the strategy;
representative of an ex officio member or of the
permanent consultant of the Board attends a (b) Promulgate such rules and regulations as
meeting in behalf of the latter, such may be necessary to carry out the purposes of
representative shall be entitled to receive the per this Act, including the manner of safekeeping,
diem. disposition, burning or condemnation of any
dangerous drug and/or controlled precursor and
Section 79. Meetings of the Board. The Board essential chemical under its charge and custody,
shall meet once a week or as often as necessary and prescribe administrative remedies or
at the discretion of the Chairman or at the call of sanctions for the violations of such rules and
any four (4) other members. The presence of regulations;
nine (9) members shall constitute a quorum.
(c) Conduct policy studies, program monitoring
Section 80. Secretariat of the Board. The and evaluations and other researches on drug
Board shall recommend to the President of the prevention, control and enforcement;
Philippines the appointment of an Executive
Director, with the rank of an undersecretary, (d) Initiate, conduct and support scientific,
who shall be the Secretary of the Board and clinical, social, psychological, physical and
administrative officer of its secretariat, and shall biological researches on dangerous drugs and
perform such other duties that may be assigned dangerous drugs prevention and control
to him/her. He/she must possess adequate measures;
knowledge, training and experience in the field
of dangerous drugs, and in any of the following (e) Develop an educational program and
fields: law enforcement, law, medicine, information drive on the hazards and prevention
criminology, psychology or social work. of illegal use of any dangerous drug and/or
controlled precursor and essential chemical
Two deputies executive director, for based on factual data, and disseminate the same
administration and operations, with the ranks of to the general public, for which purpose the
assistant secretary, shall be appointed by the Board shall endeavor to make the general public
President upon recommendation of the Board. aware of the hazards of any dangerous drugs
They shall possess the same qualifications as and/or controlled precursor and essential
those of the executive director. They shall chemical by providing among others, literature,
receive a salary corresponding to their position films, displays or advertisements and by
as prescribed by the Salary Standardization Law coordinating with all institutions of learning as
as a Career Service Officer. well as with all national and local enforcement

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agencies in planning and conducting its (k) Prescribe and promulgate rules and
educational campaign programs to be regulations governing the establishment of such
implemented by the appropriate government centers, networks and laboratories as deemed
agencies; necessary after conducting a feasibility study in
coordination with the DOH and other
(f) Conduct continuing seminars for, and government agencies;
consultations with, and provide information
materials to judges and prosecutors in (l) Receive, gather, collect and evaluate all
coordination with the Office of the Court information on the importation, exportation,
Administrator, in the case of judges, and the production, manufacture, sale, stocks, seizures
DOJ, in the case of prosecutors, which aim to of and the estimated need for any dangerous
provide them with the current developments and drug and/or controlled precursor and essential
programs of the Board pertinent to its campaign chemical, for which purpose the Board may
against dangerous drugs and its scientific require from any official, instrumentality or
researches on dangerous drugs, its prevention agency of the government or any private person
and control measures; or enterprise dealing in, or engaged in activities
having to do with any dangerous drug and/or
(g) Design special trainings in order to provide controlled precursors and essential chemicals
law enforcement officers, members of the such data or information as it may need to
judiciary, and prosecutors, school authorities and implement this Act;
personnel of centers with knowledge and know-
how in dangerous drugs and/or controlled (m) Gather and prepare detailed statistics on the
precursors and essential chemicals control in importation, exportation, manufacture, stocks,
coordination with the Supreme Court to meet the seizures of and estimates need for any dangerous
objectives of the national drug control programs; drug and/or controlled precursors and essential
chemicals and such other statistical data on said
(h) Design and develop, in consultation and drugs as may be periodically required by the
coordination with the DOH, DSWD and other United Nations Narcotics Drug Commission, the
agencies involved in drugs control, treatment World Health Organization and other
and rehabilitation, both public and private, a international organizations in consonance with
national treatment and rehabilitation program for the country's international commitments;
drug dependents including a standard aftercare
and community service program for recovering (n) Develop and maintain international
drug dependents; networking coordination with international drug
control agencies and organizations, and
(i) Design and develop, jointly with the DOLE implement the provisions of international
and in consultation with labor and employer conventions and agreements thereon which have
groups as well as nongovernment organizations been adopted and approved by the Congress of
a drug abuse prevention program in the the Philippines;
workplace that would include a provision for
employee assistance programs for emotionally- (o) Require all government and private hospitals,
stressed employees; clinics, doctors, dentists and other practitioners
to submit a report to it, in coordination with the
(j) Initiate and authorize closure proceedings PDEA, about all dangerous drugs and/or
against non-accredited and/or substandard controlled precursors and essential chemicals-
rehabilitation centers based on verified reports related cases to which they have attended for
of human rights violations, subhuman statistics and research purposes;
conditions, inadequate medical training and
assistance and excessive fees for implementation (p) Receive in trust legacies, gifts and donations
by the PDEA; of real and personal properties of all kinds, to

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administer and dispose the same when necessary to the criminal prosecution of the person
for the benefit of government and private responsible for the said violation;
rehabilitation centers subject to limitations,
directions and instructions from the donors, if (u) Appoint such technical, administrative and
any; other personnel as may be necessary for the
effective implementation of this Act, subject to
(q) Issue guidelines as to the approval or the Civil Service Law and its rules and
disapproval of applications for voluntary regulations;
treatment, rehabilitation or confinement,
wherein it shall issue the necessary guidelines, (v) Establish a regular and continuing
rules and regulations pertaining to the consultation with concerned government
application and its enforcement; agencies and medical professional organizations
to determine if balance exists in policies,
(r) Formulate guidelines, in coordination with procedures, rules and regulations on dangerous
other government agencies, the importation, drugs and to provide recommendations on how
distribution, production, manufacture, the lawful use of dangerous drugs can be
compounding, prescription, dispensing and sale improved and facilitated; and
of, and other lawful acts in connection with any
dangerous drug, controlled precursors and (w) Submit an annual and periodic reports to the
essential chemicals and other similar or President, the Congress of the Philippines and
analogous substances of such kind and in such the Senate and House of Representatives
quantity as it may deem necessary according to committees concerned as may be required from
the medical and research needs or requirements time to time, and perform such other functions
of the country including diet pills containing as may be authorized or required under existing
ephedrine and other addictive chemicals and laws and as directed by the President
determine the quantity and/or quality of himself/herself or as recommended by the
dangerous drugs and controlled precursors and congressional committees concerned.
essential chemicals to be imported,
manufactured and held in stock at any given Section 82. Creation of the Philippine Drug
time by authorized importer, manufacturer or Enforcement Agency (PDEA). To carry out the
distributor of such drugs; provisions of this Act, the PDEA, which serves
as the implementing arm of the Board, and shall
(s) Develop the utilization of a controlled be responsible for the efficient and effective law
delivery scheme in addressing the transshipment enforcement of all the provisions on any
of dangerous drugs into and out of the country to dangerous drug and/or controlled precursor and
neutralize transnational crime syndicates essential chemical as provided in this Act.
involved in illegal trafficking of any dangerous
drugs and/or controlled precursors and essential The PDEA shall be headed by a Director
chemicals; General with the rank of Undersecretary, who
shall be responsible for the general
(t) Recommend the revocation of the administration and management of the Agency.
professional license of any practitioner who is an The Director General of the PDEA shall be
owner, co-owner, lessee, or in the employ of the appointed by the President of the Philippines and
drug establishment, or manager of a partnership, shall perform such other duties that may be
corporation, association, or any juridical entity assigned to him/her. He/she must possess
owning and/or controlling such drug adequate knowledge, training and experience in
establishment, and who knowingly participates the field of dangerous drugs, and in any of the
in, or consents to, tolerates, or abets the following fields: law enforcement, law,
commission of the act of violations as indicated medicine, criminology, psychology or social
in the preceding paragraph, all without prejudice work.

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The Director General of the PDEA shall be (a) Implement or cause the efficient and
assisted in the performance of his/her duties and effective implementation of the national drug
responsibilities by two (2) deputies director control strategy formulated by the Board thereby
general with the rank of Assistant Secretary; one carrying out a national drug campaign program
for Operations and the other one for which shall include drug law enforcement,
Administration. The two (2) deputies director control and prevention campaign with the
general shall likewise be appointed by the assistance of concerned government agencies;
President of the Philippines upon
recommendation of the Board. The two (2) (b) Undertake the enforcement of the provisions
deputies director general shall possess the same of Article II of this Act relative to the unlawful
qualifications as those of the Director General of acts and penalties involving any dangerous drug
the PDEA. The Director General and the two (2) and/or controlled precursor and essential
deputies director general shall receive the chemical and investigate all violators and other
compensation and salaries as prescribed by law. matters involved in the commission of any crime
relative to the use, abuse or trafficking of any
Section 83. Organization of the PDEA. The dangerous drug and/or controlled precursor and
present Secretariat of the National Drug Law essential chemical as provided for in this Act
Enforcement and Prevention Coordinating and the provisions of Presidential Decree No.
Center as created by Executive Order No. 61 1619;
shall be accordingly modified and absorbed by
the PDEA. (c) Administer oath,
issue subpoena and subpoena duces
The Director General of the PDEA shall be tecum relative to the conduct of investigation
responsible for the necessary changes in the involving the violations of this Act;
organizational set-up which shall be submitted
to the Board for approval. (d) Arrest and apprehend as well as search all
violators and seize or confiscate, the effects or
For purposes of carrying out its duties and proceeds of the crimes as provided by law and
powers as provided for in the succeeding Section take custody thereof, for this purpose the
of this Act, the PDEA shall have the following prosecutors and enforcement agents are
Services, namely: Intelligence and Investigation; authorized to possess firearms, in accordance
International Cooperation and Foreign Affairs; with existing laws;
Preventive Education and Community
Involvement; Plans and Operations; (e) Take charge and have custody of all
Compliance; Legal and Prosecution; dangerous drugs and/or controlled precursors
Administrative and Human Resource; Financial and essential chemicals seized, confiscated or
Management; Logistics Management; and surrendered to any national, provincial or local
Internal Affairs. law enforcement agency, if no longer needed for
purposes of evidence in court;
The PDEA shall establish and maintain regional
offices in the different regions of the country (f) Establish forensic laboratories in each PNP
which shall be responsible for the office in every province and city in order to
implementation of this Act and the policies, facilitate action on seize or confiscated drugs,
programs, and projects of said agency in their thereby hastening its destruction without delay;
respective regions.
(g) Recommend to the DOJ the forfeiture of
Section 84. Powers and Duties of the PDEA. properties and other assets of persons and/or
The PDEA shall: corporations found to be violating the provisions
of this Act and in accordance with the pertinent

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provisions of the Anti-Money-Laundering Act of agreements related to dangerous drugs to which
2001; the Philippines is a signatory;

(h) Prepare for prosecution or cause the filing of (n) Create and maintain an efficient special
appropriate criminal and civil cases for violation enforcement unit to conduct an investigation,
of all laws on dangerous drugs, controlled file charges and transmit evidence to the proper
precursors and essential chemicals, and other court, wherein members of the said unit shall
similar controlled substances, and assist, support possess suitable and adequate firearms for their
and coordinate with other government agencies protection in connection with the performance of
for the proper and effective prosecution of the their duties: Provided, That no previous special
same; permit for such possession shall be required;

(i) Monitor and if warranted by circumstances, (o) Require all government and private hospitals,
in coordination with the Philippine Postal Office clinics, doctors, dentists and other practitioners
and the Bureau of Customs, inspect all air cargo to submit a report to it, in coordination with the
packages, parcels and mails in the central post Board, about all dangerous drugs and/or
office, which appear from the package and controlled precursors and essential chemicals
address itself to be a possible importation of which they have attended to for data and
dangerous drugs and/or controlled precursors information purposes;
and essential chemicals, through on-line or cyber
shops via the internet or cyberspace; (p) Coordinate with the Board for the facilitation
of the issuance of necessary guidelines, rules
(j) Conduct eradication programs to destroy wild and regulations for the proper implementation of
or illegal growth of plants from which dangerous this Act;
drugs may be extracted;
(q) Initiate and undertake a national campaign
(k) Initiate and undertake the formation of a for drug prevention and drug control programs,
nationwide organization which shall coordinate where it may enlist the assistance of any
and supervise all activities against drug abuse in department, bureau, office, agency or
every province, city, municipality and barangay instrumentality of the government, including
with the active and direct participation of all government-owned and or controlled
such local government units and corporations, in the anti-illegal drugs drive,
nongovernmental organizations, including the which may include the use of their respective
citizenry, subject to the provisions of previously personnel, facilities, and resources for a more
formulated programs of action against dangerous resolute detection and investigation of drug-
drugs; related crimes and prosecution of the drug
traffickers; and
(l) Establish and maintain a national drug
intelligence system in cooperation with law (r) Submit an annual and periodic reports to the
enforcement agencies, other government Board as may be required from time to time, and
agencies/offices and local government units that perform such other functions as may be
will assist in its apprehension of big-time drug authorized or required under existing laws and
lords; as directed by the President himself/herself or as
recommended by the congressional committees
(m) Establish and maintain close coordination, concerned.
cooperation and linkages with international drug
control and administration agencies and Section 85. The PDEA Academy. Upon the
organizations, and implement the applicable approval of the Board, the PDEA Academy shall
provisions of international conventions and be established either in Baguio or Tagaytay City,
and in such other places as may be necessary.

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The PDEA Academy shall be responsible in the detail service shall be given until five (5) years
recruitment and training of all PDEA agents and to finally decide to join the PDEA.
personnel. The Board shall provide for the
qualifications and requirements of its recruits Nothing in this Act shall mean a diminution of
who must be at least twenty-one (21) years old, the investigative powers of the NBI and the PNP
of proven integrity and honesty and a on all other crimes as provided for in their
Baccalaureate degree holder. respective organic laws: Provided, however,
That when the investigation being conducted by
The graduates of the Academy shall later the NBI, PNP or any ad hoc anti-drug task force
comprise the operating units of the PDEA after is found to be a violation of any of the
the termination of the transition period of five provisions of this Act, the PDEA shall be the
(5) years during which all the intelligence lead agency. The NBI, PNP or any of the task
network and standard operating procedures of force shall immediately transfer the same to the
the PDEA has been set up and operationalized. PDEA: Provided, further, That the NBI, PNP
and the Bureau of Customs shall maintain close
The Academy shall be headed by a coordination with the PDEA on all drug related
Superintendent, with the rank of Director. matters.
He/she shall be appointed by the PDEA Director
General. ARTICLE X

Section 86. Transfer, Absorption, and Appropriations, Management of Funds and

Integration of All Operating Units on Illegal Annual Report
Drugs into the PDEA and Transitory Provisions.
The Narcotics Group of the PNP, the Narcotics Section 87. Appropriations. The amount
Division of the NBI and the Customs Narcotics necessary for the operation of the Board and the
Interdiction Unit are hereby abolished; however PDEA shall be charged against the current year's
they shall continue with the performance of their appropriations of the Board, the National Drug
task as detail service with the PDEA, subject to Law Enforcement and Prevention Coordinating
screening, until such time that the organizational Center, the Narcotics Group of the PNP, the
structure of the Agency is fully operational and Narcotics Division of the NBI and other drug
the number of graduates of the PDEA Academy abuse units of the different law enforcement
is sufficient to do the task themselves: Provided, agencies integrated into the PDEA in order to
That such personnel who are affected shall have carry out the provisions of this Act. Thereafter,
the option of either being integrated into the such sums as may be necessary for the continued
PDEA or remain with their original mother implementation of this Act shall be included in
agencies and shall, thereafter, be immediately the annual General Appropriations Act.
reassigned to other units therein by the head of
such agencies. Such personnel who are All receipts derived from fines, fees and other
transferred, absorbed and integrated in the income authorized and imposed in this Act,
PDEA shall be extended appointments to including ten percent (10%) of all unclaimed and
positions similar in rank, salary, and other forfeited sweepstakes and lotto prizes but not
emoluments and privileges granted to their less than twelve million pesos (P12,000,000.00)
respective positions in their original mother per year from the Philippine Charity
agencies. Sweepstakes Office (PCSO), are hereby
constituted as a special account in the general
The transfer, absorption and integration of the fund for the implementation of this
different offices and units provided for in this Act: Provided, That no amount shall be
Section shall take effect within eighteen (18) disbursed to cover the operating expenses of the
months from the effectivity of this Board and other concerned agencies: Provided,
Act: Provided, That personnel absorbed and on further, That at least fifty percent (50%) of all

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the funds shall be reserved for assistance to the provisions of this Act, recommended
government-owned and/or operated remedial legislation, if needed, and such other
rehabilitation centers. relevant facts as it may deem proper to cite.

The fines shall be remitted to the Board by the Section 89. Auditing the Accounts and Expenses
court imposing such fines within thirty (30) days of the Board and the PDEA. All accounts and
from the finality of its decisions or orders. The expenses of the Board and the PDEA shall be
unclaimed and forfeited prizes shall be turned audited by the COA or its duly authorized
over to the Board by the PCSO within thirty (30) representative.
days after these are collected and declared
forfeited. ARTICLE XI

A portion of the funds generated by the Jurisdiction Over Dangerous Drugs Cases
Philippine Amusement and Gaming Corporation
(PAGCOR) in the amount of Five million pesos Section 90. Jurisdiction. The Supreme Court
(P5,000,000.00) a month shall be set aside for shall designate special courts from among the
the purpose of establishing adequate drug existing Regional Trial Courts in each judicial
rehabilitation centers in the country and also for region to exclusively try and hear cases
the maintenance and operations of such involving violations of this Act. The number of
centers: Provided, That the said amount shall be courts designated in each judicial region shall be
taken from the fifty percent (50%) share of the based on the population and the number of cases
National Government in the income of pending in their respective jurisdiction.
PAGCOR: Provided, further, That the said
amount shall automatically be remitted by The DOJ shall designate special prosecutors to
PAGCOR to the Board. The amount shall, in exclusively handle cases involving violations of
turn, be disbursed by the Dangerous Drugs this Act.
Board, subject to the rules and regulations of the
Commission on Audit (COA). The preliminary investigation of cases filed
under this Act shall be terminated within a
The fund may be augmented by grants, period of thirty (30) days from the date of their
donations, and endowment from various sources, filing.
domestic or foreign, for purposes related to their
functions, subject to the existing guidelines set When the preliminary investigation is conducted
by the government. by a public prosecutor and a probable cause is
established, the corresponding information shall
Section 88. Management of Funds Under this be filed in court within twenty-four (24) hours
Act; Annual Report by the Board and the from the termination of the investigation. If the
PDEA. The Board shall manage the funds as it preliminary investigation is conducted by a
may deem proper for the attainment of the judge and a probable cause is found to exist, the
objectives of this Act. In addition to the periodic corresponding information shall be filed by the
reports as may be required under this Act, the proper prosecutor within forty-eight (48) hours
Chairman of the Board shall submit to the from the date of receipt of the records of the
President of the Philippines and to the presiding case.
officers of both houses of Congress, within
fifteen (15) days from the opening of the regular Trial of the case under this Section shall be
session, an annual report on the dangerous drugs finished by the court not later than sixty (60)
situation in the country which shall include days from the date of the filing of the
detailed account of the programs and projects information. Decision on said cases shall be
undertaken, statistics on crimes related to rendered within a period of fifteen (15) days
dangerous drugs, expenses incurred pursuant to

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from the date of submission of the case for imprisonment of not less than two (2) months
resolution. and one (1) day but not more than six (6) years
and a fine of not less than Ten thousand pesos
Section 91. Responsibility and Liability of Law (P10,000.00) but not more than Fifty thousand
Enforcement Agencies and other Government pesos (P50,000.00) and in addition, perpetual
Officials and Employees in Testifying as absolute disqualification from public office,
Prosecution Witnesses in Dangerous Drugs should he/she fail to notify the court of such
Cases. Any member of law enforcement order to transfer or re-assign.
agencies or any other government official and
employee who, after due notice, fails or refuses Prosecution and punishment under this Section
intentionally or negligently, to appear as a shall be without prejudice to any liability for
witness for the prosecution in any proceedings, violation of any existing law.
involving violations of this Act, without any
valid reason, shall be punished with Section 92. Delay and Bungling in the
imprisonment of not less than twelve (12) years Prosecution of Drug Cases. Any government
and one (1) day to twenty (20) years and a fine officer or employee tasked with the prosecution
of not less than Five hundred thousand pesos of drug-related cases under this act, who,
(P500,000.00), in addition to the administrative through patent laxity, inexcusable neglect,
liability he/she may be meted out by his/her unreasonable delay or deliberately causes the
immediate superior and/or appropriate body. unsuccessful prosecution and/or dismissal of the
said drug cases, shall suffer the penalty of
The immediate superior of the member of the imprisonment ranging from twelve (12) years
law enforcement agency or any other and one (1) day to twenty (20) years without
government employee mentioned in the prejudice to his/her prosecution under the
preceding paragraph shall be penalized with pertinent provisions of the Revised Penal Code.
imprisonment of not less than two (2) months
and one (1) day but not more than six (6) years Section 93. Reclassification, Addition or
and a fine of not less than Ten thousand pesos Removal of Any Drug from the List of
(P10,000.00) but not more than Fifty thousand Dangerous Drugs. The Board shall have the
pesos (P50,000.00) and in addition, perpetual power to reclassify, add to or remove from the
absolute disqualification from public office if list of dangerous drugs. Proceedings to
despite due notice to them and to the witness reclassify, add, or remove a drug or other
concerned, the former does not exert reasonable substance may be initiated by the PDEA, the
effort to present the latter to the court. DOH, or by petition from any interested party,
including the manufacturer of a drug, a medical
The member of the law enforcement agency or society or association, a pharmacy association, a
any other government employee mentioned in public interest group concerned with drug abuse,
the preceding paragraphs shall not be transferred a national or local government agency, or an
or re-assigned to any other government office individual citizen. When a petition is received
located in another territorial jurisdiction during by the Board, it shall immediately begin its own
the pendency of the case in court. However, the investigation of the drug. The PDEA also may
concerned member of the law enforcement begin an investigation of a drug at any time
agency or government employee may be based upon the information received from law
transferred or re-assigned for compelling enforcement laboratories, national and local law
reasons: Provided, That his/her immediate enforcement and regulatory agencies, or other
superior shall notify the court where the case is sources of information.
pending of the order to transfer or re-assign,
within twenty-four (24) hours from its The Board after notice and hearing shall
approval; Provided, further, That his/her consider the following factors with respect to
immediate superior shall be penalized with

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each substance proposed to be reclassified, conviction, be imposed in all pending criminal
added or removed from control: prosecutions;

(a) Its actual or relative potential for abuse; (c) In case of the addition of a new drug to the
list of dangerous drugs and precursors and
(b) Scientific evidence of its pharmacological essential chemicals, no criminal liability
effect if known; involving the same under this Act shall arise
until after the lapse of fifteen (15) days from the
(c) The state of current scientific knowledge last publication of such notice;
regarding the drug or other substance;
(d) In case of removal of a drug from the list of
(d) Its history and current pattern of abuse; dangerous drugs and precursors and essential
chemicals, all persons convicted and/or detained
(e) The scope, duration, and significance of for the use and/or possession of such a drug shall
abuse; be automatically released and all pending
criminal prosecution involving such a drug
(f) Risk to public health; and under this Act shall forthwith be dismissed; and

(g) Whether the substance is an immediate (e) The Board shall, within five (5) days from
precursor of a substance already controlled the date of its promulgation submit to Congress
under this Act. a detailed reclassification, addition, or removal
of any drug from the list of dangerous drugs.
The Board shall also take into accord the
obligations and commitments to international ARTICLE XII
treaties, conventions and agreements to which
the Philippines is a signatory. Implementing Rules and Regulations

The Dangerous Drugs Board shall give notice to Section 94. Implementing Rules and
the general public of the public hearing of the Regulations. The present Board in consultation
reclassification, addition to or removal from the with the DOH, DILG, DOJ, DepEd, DSWD,
list of any drug by publishing such notice in any DOLE, PNP, NBI, PAGCOR and the PCSO and
newspaper of general circulation once a week all other concerned government agencies shall
for two (2) weeks. promulgate within sixty (60) days the
Implementing Rules and Regulations that shall
The effect of such reclassification, addition or be necessary to implement the provisions of this
removal shall be as follows: Act.

(a) In case a dangerous drug is reclassified as ARTICLE XIII

precursors and essential chemicals, the penalties
for the violations of this Act involving the two Final Provisions
latter categories of drugs shall, in case of
conviction, be imposed in all pending criminal Section 95. Congressional Oversight
prosecutions; Committee. There is hereby created a
Congressional Oversight Committee composed
(b) In case a precursors and essential chemicals of seven (7) Members from the Senate and seven
is reclassified as dangerous drug, the penalties (7) Members from the House of Representatives.
for violations of the Act involving precursors The Members from the Senate shall be
and essential chemicals shall, in case of appointed by the Senate President based on the
proportional representation of the parties or
coalitions therein with at least two (2) Senators

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representing the Minority. The Members from receive testimonies, reports, and technical
the House of Representatives shall be appointed advice, invite or summon by subpoena ad
by the Speaker, also based on proportional testificandum any public official, private citizen,
representation of the parties or coalitions therein or any other person to testify before it, or require
with at least two (2) Members representing the any person by subpoena duces tecum documents
Minority. or other materials as it may require consistent
with the provisions of this Act.
The Committee shall be headed by the
respective Chairpersons of the Senate The Oversight Committee on Dangerous Drugs
Committee on Public Order and Illegal Drugs shall be assisted by a secretariat to be composed
and the House of Representatives Committee on by personnel who may be seconded from the
Dangerous Drugs. Senate and the House of Representatives and
may retain consultants.
Section 96. Powers and Functions of the
Oversight Committee. The Oversight To carry out the powers and functions of the
Committee on Dangerous Drugs shall, in aid of Oversight Committee on Dangerous Drugs, the
legislation, perform the following functions, initial sum of Twenty-five million pesos
among others: (P25,000,000.00) shall be charged against the
current appropriations of the Senate. Thereafter,
(a) To set the guidelines and overall framework such amount necessary for its continued
to monitor and ensure the proper implementation operations shall be included in the annual
of this Act; General Appropriations Act.

(b) To ensure transparency and require the The Oversight Committee on Dangerous Drugs
submission of reports from government agencies shall exist for a period of ten (10) years from the
concerned on the conduct of programs, projects effectivity of this Act and may be extended by a
and policies relating to the implementation of joint concurrent resolution.
this act;
Section 98. Limited Applicability of the Revised
(c) To approve the budget for the programs of Penal Code. Notwithstanding any law, rule or
the Oversight Committee on Dangerous Drugs regulation to the contrary, the provisions of the
and all disbursements therefrom, including Revised Penal Code (Act No. 3814), as
compensation of all personnel; amended, shall not apply to the provisions of
this Act, except in the case of minor offenders.
(d) To submit periodic reports to the President of Where the offender is a minor, the penalty for
the Philippines and Congress on the acts punishable by life imprisonment to death
implementation of the provisions of this Act; provided herein shall be reclusion perpetua to
death.
(e) To determine inherent weaknesses in the law
and recommend the necessary remedial Section 99. Separability Clause. If for any
legislation or executive measures; and reason any section or provision of this Act, or
any portion thereof, or the application of such
(f) To perform such other duties, functions and section, provision or portion thereof to any
responsibilities as may be necessary to person, group or circumstance is declared
effectively attain the objectives of this Act. invalid or unconstitutional, the remainder of this
Act shall not be affected by such declaration and
Section 97. Adoption of Committee Rules and shall remain in force and effect.
Regulations, and Funding. The Oversight
Committee on Dangerous Drugs shall adopt its Section 100. Repealing Clause. Republic Act
internal rules of procedure, conduct hearings and No. 6425, as amended, is hereby repealed and all

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other laws, administrative orders, rules and WHEREAS, there is a need to consolidate,
regulations, or parts thereof inconsistent with the codify and integrate said laws and presidential
provisions of this Act, are hereby repealed or decrees to harmonize their provisions;
modified accordingly.
WHEREAS, there are some provisions in said
Section 101. Amending Clause. Republic Act laws and presidential decrees which must be
No. 7659 is hereby amended accordingly. updated and revised in order to more effectively
deter violators of the law on firearms,
Section 102. Effectivity. This Act shall take ammunition and explosives.
effect fifteen (15) days upon its publication in at
least two (2) national newspapers of general NOW, THEREFORE, I, FERDINAND E.
circulation. MARCOS, President of the Philippines, by
virtue of the powers in me vested by the
Constitution, do hereby decree:1awphi1

Presidential Decree No. 1866 Section 1. Unlawful Manufacture, Sale,

Acquisition, Disposition or Possession of
June 29, 1983 Firearms or Ammunition or Instruments Used or
Intended to be Used in the Manufacture of
Firearms of Ammunition. - The penalty of
reclusion temporal in its maximum period to
CODIFYING THE LAWS ON
reclusion perpetua shall be imposed upon any
ILLEGAL/UNLAWFUL POSSESSION,
person who shall unlawfully manufacture, deal
MANUFACTURE, DEALING IN,
in, acquire, dispose, or possess any firearm, part
ACQUISITION OR DISPOSITION, OF
of firearm, ammunition or machinery, tool or
FIREARMS, AMMUNITION OR
instrument used or intended to be used in the
EXPLOSIVES OR INSTRUMENTS USED
manufacture of any firearm or ammunition.
IN THE MANUFACTURE OF FIREARMS,
AMMUNITION OR EXPLOSIVES, AND
If homicide or murder is committed with the use
IMPOSING STIFFER PENALTIES FOR
CERTAIN VIOLATIONS THEREOF AND of an unlicensed firearm, the penalty of death
FOR RELEVANT PURPOSES" shall be imposed.

WHEREAS, there has been an upsurge of If the violation of this Section is in furtherance
crimes vitally affecting public order and safety of, or incident to, or in connection with the
due to the proliferation of illegally possessed crimes of rebellion, insurrection or subversion,
and manufactured firearms, ammunition and the penalty of death shall be imposed.
explosives;
The penalty of reclusion temporal in its
WHEREAS, these criminal acts have resulted in maximum period to reclusion perpetua shall be
loss of human lives, damage to property and imposed upon the owner, president, manager,
destruction of valuable resources of the country; director or other responsible officer of any
public or private firm, company, corporation or
entity, who shall willfully or knowingly allow
WHEREAS, there are various laws and
any of the firearms owned by such firm,
presidential decrees which penalized illegal
company, corporation or entity to be used by any
possession and manufacture of firearms,
person or persons found guilty of violating the
ammunition and explosives;
provisions of the preceding paragraphs.

The penalty of prision mayor shall be imposed

upon any person who shall carry any licensed

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firearm outside his residence without legal person or persons found guilty of violating the
authority therefor. provisions of the preceding paragraphs.

Section 2. Presumption of Illegal Manufacture Section 4. Presumption of Unlawful

of Firearms or Ammunition. - The possession of Manufacture. - The possession of any
any machinery, tool or instrument used directly machinery, tool or instrument directly used in
in the manufacture of firearms or ammunition, the manufacture of explosives, by any person
by any person whose business or employment whose business or employment does not
does not lawfully deal with the manufacture of lawfully deal with the manufacture of explosives
firearms or ammunition, shall be prima facie shall be prima facie evidence that such article is
evidence that such article is intended to be used intended to be used in the unlawful/illegal
in the unlawful/illegal manufacture of firearms manufacture of explosives.
or ammunition.
Section 5. Tampering of Firearm's Serial
Section 3. Unlawful Manufacture, Sales, Number. - The penalty of prision mayor shall be
Acquisition, Disposition or Possession of imposed upon any person who shall unlawfully
Explosives. - The penalty of reclusion temporal tamper, change, deface or erase the serial
in its maximum period to reclusion perpetua number of any firearm.
shall be imposed upon any person who shall
unlawfully manufacture, assemble, deal in, Section 6. Repacking or Altering the
acquire, dispose or possess handgrenade(s), rifle Composition of Lawfully Manufactured
grenade(s) and other explosives, including but Explosives. - The penalty of prision mayor shall
not limited to "philbox bombs", "molotov be imposed upon any person who shall
cocktail bomb", "fire-bombs", or other unlawfully repack, alter or modify the
incendiary devices capable of producing composition of any lawfully manufactured
destructive effect on contiguous objects or explosives.
causing injury or death to any
person.1awphi1ITC Section 7. Unauthorized Issuance of Authority
to Carry Firearm and/or Ammunition Outside of
Any person who commits any of the crimes Residence. - The penalty of prision correccional
defined in the Revised Penal Code or special shall be imposed upon any person, civilian or
laws with the use of the aforementioned military, who shall issue authority to carry
explosives, detonation agents or incendiary firearm and/or ammunition outside of residence,
devices, which results in the death of any person without authority therefor.
or persons shall be punished with the penalty of
death. Section 8. Rules and Regulations. - The Chief of
the Philippine Constabulary shall promulgate the
If the violation of this Section is in furtherance rules and regulations for the effective
of, or incident to, or in connection with the implementation of this Decree.
crimes of rebellion, insurrection or subversion,
the penalty of death shall be imposed. Section 9. Repealing Clause. - The provisions of
Republic Act No. 4, Presidential Decree No. 9,
The penalty of reclusion temporal in its Presidential Decree No. 1728 and all laws,
maximum period to reclusion perpetua shall be decrees, orders, instructions, rules and
imposed upon the owner, president, manager, regulations which are inconsistent with this
director or other responsible officer of any Decree are hereby repealed, amended or
public or private firm, company, corporation or modified accordingly.
entity, who shall willfully or knowingly allow
any of the explosives owned by such firm, Section 10. Effectivity. - This Decree shall take
company, corporation or entity to be used by any effect after fifteen (15) days following the

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completion of its publication in the Official "The penalty of prision mayor in its minimum
Gazette. period and a fine of Thirty thousand pesos
(P30,000) shall be imposed if the firearm is
Done in the City of Manila, this 29th day of classified as high powered firearm which
June, in the year of Our Lord, nineteen hundred includes those with bores bigger in diameter
and eighty-three. than .38 caliber and 9 millimeter such as caliber
.40, .41, .44, .45 and also lesser calibered
firearms but considered powerful such as caliber
.357 and caliber .22 center-fire magnum and
Republic Act No. 8294 June 6, 1997 other firearms with firing capability of full
automatic and by burst of two or three:
Provided, however, That no other crime was
AN ACT AMENDING THE PROVISIONS
committed by the person arrested.
OF PRESIDENTIAL DECREE NO. 1866, AS
AMENDED, ENTITLED "CODIFYING
THE LAWS ON ILLEGAL/UNLAWFUL "If homicide or murder is committed with the
POSSESSION, MANUFACTURE, use of an unlicensed firearm, such use of an
DEALING IN, ACQUISITION OR unlicensed firearm shall be considered as an
DISPOSITION OF FIREARMS, aggravating circumstance.
AMMUNITION OR EXPLOSIVES OR
INSTRUMENTS USED IN THE "If the violation of this Sec. is in furtherance of
MANUFACTURE OF FIREARMS, or incident to, or in connection with the crime of
AMMUNITION OR EXPLOSIVES, AND rebellion or insurrection, sedition, or attempted
IMPOSING STIFFER PENALTIES FOR coup d'etat, such violation shall be absorbed as
CERTAIN VIOLATIONS THEREOF, AND an element of the crime of rebellion, or
FOR RELEVANT PURPOSES." insurrection, sedition, or attempted coup d'etat.

Be it enacted by the Senate and House of "The same penalty shall be imposed upon the
Representatives of the Philippines in Congress owner, president, manager, director or other
assembled:: responsible officer of any public or private firm,
company, corporation or entity, who shall
Section 1. Sec. 1 Presidential Decree No. 1866, willfully or knowingly allow any of the firearms
as amended, is hereby further amended to read owned by such firm, company, corporation or
as follows: entity to be used by any person or persons found
guilty of violating the provisions of the
"Sec. 1. Unlawful manufacture, sale, acquisition, preceding paragraphs or willfully or knowingly
disposition or possession of firearms or allow any of them to use unlicensed firearms or
ammunition or instruments used or intended to firearms without any legal authority to be carried
be used in the manufacture of firearms or outside of their residence in the course of their
ammunition. The penalty of prision employment.
correccional in its maximum period and a fine of
not less than Fifteen thousand pesos (P15,000) "The penalty of arresto mayor shall be imposed
shall be imposed upon any person who shall upon any person who shall carry any licensed
unlawfully manufacture, deal in, acquire, firearm outside his residence without legal
dispose, or possess any low powered firearm, authority therefor."
such as rimfire handgun, .380 or .32 and other
firearm of similar firepower, part of firearm, Section 2. Sec. 3 of Presidential Decree No.
ammunition, or machinery, tool or instrument 1866, as amended, is hereby further amended to
used or intended to be used in the manufacture read as follows:
of any firearm or ammunition: Provided, That no
other crime was committed.

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"Sec. 3. Unlawful manufacture, sale, acquisition, Section 4. Sec. 6 of Presidential Decree No.
disposition or possession of explosives. The 1866, as amended, is hereby further amended to
penalty of prision mayor in its maximum period read as follows:
to reclusion temporal and a fine of not less than
Fifty thousand pesos (P50,000) shall be imposed "Sec. 6. Repacking or altering the composition
upon any person who shall unlawfully of lawfully manufactured explosives. The
manufacture, assemble, deal in, acquire, dispose penalty of prision correccional shall be imposed
or possess hand grenade(s), rifle grenade(s), and upon any person who shall unlawfully repack,
other explosives, including but not limited to alter or modify the composition of any lawfully
'pillbox,' 'molotov cocktail bombs,' 'fire bombs,' manufactured explosives."
or other incendiary devices capable of producing
destructive effect on contiguous objects or Section 5. Coverage of the Term Unlicensed
causing injury or death to any person. Firearm. The term unlicensed firearm shall
include:
"When a person commits any of the crimes
defined in the Revised Penal Code or special 1) firearms with expired license; or
laws with the use of the aforementioned
explosives, detonation agents or incendiary 2) unauthorized use of licensed firearm in the
devices, which results in the death of any person commission of the crime.
or persons, the use of such explosives,
detonation agents or incendiary devices shall be Section 6. Rules and regulations. The
considered as an aggravating circumstance. Department of Justice and the Department of the
Interior and Local Government shall jointly
"If the violation of this Sec. is in furtherance of, issue, within ninety (90) days after the approval
or incident to, or in connection with the crime of of this Act, the necessary rules and regulations
rebellion, insurrection, sedition or attempted pertaining to the administrative aspect of the
coup d'etat, such violation shall be absorbed as provisions hereof, furnishing the Committee on
an element of the crimes of rebellion, Public Order and Security and the Committee on
insurrection, sedition or attempted coup d'etat. Justice and Human Rights of both Houses of
Congress copies of such rules and regulations
"The same penalty shall be imposed upon the within thirty (30) days from the promulgation
owner, president, manager, director or other hereof.
responsible officer of any public or private firm,
company, corporation or entity, who shall Section 7. Separability clause. If, for any
willfully or knowingly allow any of the reason, any Sec. or provision of this Act is
explosives owned by such firm, company, declared to be unconstitutional or invalid, the
corporation or entity, to be used by any person other Sec.s or provisions thereof which are not
or persons found guilty of violating the affected thereby shall continue to be in full force
provisions of the preceding paragraphs." and effect.

Section 3. Sec. 5 of Presidential Decree No. Section 8. Repealing clause. All laws,
1866, as amended, is hereby further amended to decrees, orders, rules and regulations or parts
read as follows: thereof inconsistent with the provisions of this
Act are hereby repealed, amended, or modified
"Sec. 5. Tampering of firearm's serial number. accordingly.
The penalty of prision correccional shall be
imposed upon any person who shall unlawfully Section 9. Effectivity. This Act shall take
tamper, change, deface or erase the serial effect after fifteen (15) days following its
number of any firearm." publication in the Official Gazette or in two (2)
newspapers of general circulation.

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Approved: June 6, 1997. the existence and the explosive or incendiary
character of the device.

"Provided, however, That a temporary,

Republic Act No. 9516 incidental, casual, harmless, or transient
possession or control of any explosive or
AN ACT FURTHER AMENDING THE incendiary device, without the knowledge of its
PROVISIONS OF PRESIDENTIAL existence or its explosive or incendiary
DECREE NO. 1866, AS AMENDED, character, shall not be a violation of this Section.
ENTITLED CODIFYING THE LAWS ON
ILLEGAL/UNLAWFUL POSSESSION, "Provided, Further, That the temporary,
MANUFACTURE, DEALING IN, incidental, casual, harmless, or transient
ACQUISITION OR DISPOSITION OF possession or control of any explosive or
FIREARMS, AMMUNITION OR incendiary device for the sole purpose of
EXPLOSIVES OR INSTRUMENTS USED surrendering it to the proper authorities shall not
IN THE MANUFACTURE OF FIREARMS, be a violation of this Section.
AMMUNITION OR EXPLOSIVES, AND
IMPOSING STIFFER PENALTIES FOR "Provided, finally, That in addition to the
CERTAIN VIOLATIONS THEREOF, AND instances provided in the two (2) immediately
FOR OTHER RELEVANT PURPOSES" preceeding paragraphs, the court may determine
the absence of the intent to possess, otherwise
Be it enacted by the Senate and House of referred to as 'animus possidendi", in accordance
Representatives of the Philippines in Congress with the facts and circumstances of each case
assembled:: and the application of other pertinent laws,
among other things, Articles 11 and 12 of the
Section 1. Section 3 of Presidential Decree No. Revised Penal Code, as amended."
1866, as amended, is hereby further amended to
read as follows: Section 2. Section 4 of Presidential Decree No.
1866, as amended, is hereby further amended to
"Section 3. Unlawful Manufacture, Sales, read as follows:
Acquisition, Disposition, Importation or
Possession of an Explosive or Incendiary "SEC 3-A. Unlawful Manufacture, Sales,
Device. - The penalty of reclusion perpetua shall Acquisition, Disposition, Importation or
be imposed upon any person who shall willfully Possession of a Part, Ingredient, Machinery,
and unlawfully manufacture, assemble, deal in, Tool or Instrument Used or Intended to be Used
acquire, dispose, import or possess any for the Manufacture, Construction, Assembly,
explosive or incendiary device, with knowledge Delivery or Detonation. - The penalty of
of its existence and its explosive or incendiary reclusion perpetua shall be imposed upon any
character, where the explosive or incendiary person who shall willfully and unlawfully
device is capable of producing destructive effect manufacture, assemble, deal in, acquire, dispose,
on contiguous objects or causing injury or death import or possess any part, ingredient,
to any person, including but not limited to, hand machinery, tool or instrument of any explosive
grenade(s), rifle grenade(s), 'pillbox bomb', or incendiary device, whether chemical,
'molotov cocktail bomb', 'fire bomb', and other mechanical, electronic, electrical or otherwise,
similar explosive and incendiary devices. used or intended to be used by that person for its
manufacture, construction, assembly, delivery or
"Provided, That mere possession of any detonation, where the explosive or incendiary
explosive or incendiary device shall be prima device is capable or is intended to be made
facie evidence that the person had knowledge of capable of producing destructive effect on

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contiguous objects or causing injury or death to Section 3. Insert a new Section 3-B, 3-C, 3-D, 4,
any person. 4-A, 4-B, 4-C, 4-D, 4-E, 4-E and 4-F in
Presidential Decree No. 1866 to read as follows:
"Provided, That the mere possession of any part,
ingredient, machinery, tool or instrument "SEC. 3-B. Penalty for the Owner, President,
directly used in the manufacture, construction, Manager, Director or Other Responsible Officer
assembly, delivery or detonation of any of Any Public or Private Firm, Company,
explosive or incendiary device, by any person Corporation or Entity. - The penalty
whose business activity, or employment does not of reclusion perpetua shall be imposed upon the
lawfully deal with the possession of such article owner, president, manager, director or other
shall be prima facie evidence that such article is responsible officer of any public or private firm,
intended to be used by that person in the company, corporation or entity, who shall
unlawful/illegal manufacture, construction, willfully or knowingly allow any explosive or
assembly, delivery or detonation of an explosive incendiary device or parts thereof owned or
or incendiary device. controlled by such firm, company, corporation
or entity to be used by any person or persons
"Provided, however, That a temporary found guilty of violating the provisions of the
incidental, casual, harmless or transient preceding paragraphs.
possession or control of any part, machinery,
tool or instrument directly used in the "SEC. 3-C. Relationship of Other Crimes with a
manufacture, construction, assembly, delivery or Violation of this Decree and the Penalty
detonation of any explosive or incendiary Therefor. - When a violation of Section 3, 3-A
device, without the knowledge of its existence or or 3-B of this Decree is a necessary means for
character as part, ingredient, machinery, tool or committing any of the crimes defined in the
instrument directly used in the manufacture, Revised Penal Code or special laws, or is in
construction, assembly, delivery or detonation of furtherance of, incident to, in connection with,
any explosive or incendiary device, shall not be by reason of, or on occassion of any of the
a violation of this Section. crimes defined in the Revised Penal Code or
special laws, the penalty of reclusion
"Provided, Further, That the temporary, perpetua and a fine ranging from One hundred
incidental, casual, harmless, or transient Thousand pesos (P100,000.00) to One million
possession or control of any part, ingredient, pesos (P1,000,000.00) shall be imposed.
machinery, tool or instrument directly used in
the manufacture, construction, assembly, "SEC. 3-D. Former Conviction or Acquittal;
delivery or detonation of any explosive or Double Jeopardy. - Subject to the provisions of
incendiary device for the sole purpose of the Rules of Court on double jeopardy, if the
surrendering it to the proper authorities shall not application thereof is more favorable to the
be a violation of this Section. accused, the conviction or acquittal of the
accused or the dismissal of the case for violation
"Provided, finally, That in addition to the of this Decree shall be a bar to another
instances provided in the two (2) immediately prosecution of the same accused for any offense
preceeding paragraphs, the court may determine where the violation of this Decree was a
the absence of the intent to possess, otherwise necessary means for committing the offense or
referred to as 'animus possidendi', in accordance in furtherance of which, incident to which, in
with the facts and circumstances of each case connection with which, by reason of which, or
and the application of other pertinent laws, on occasion of which, the violation of this
among other things, Articles 11 and 12 of the Decree was committed, and vice versa.
Revised Penal Code, as amended."
"SEC. 4. Responsibility and liability of Law
Enforcement Agencies and Other Government

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Officials and Employees in Testifying as "Prosecution and punishment under this Section
Prosecution Witnesses. - Any member of law shall be without prejudice to any liability for
enforcement agencies or any other government violation of any existing law.
official and employee who, after due notice, fails
or refuses, intentionally or negligently, to appear "SEC 4-A. Criminal Liability for Planting of
as a witness for the prosecution of the defense in Evidence. - Any person who is found guilty of
any proceeding, involving violations of this 'planting' any explosive or incendiary device or
Decree, without any valid reason, shall be any part, ingredient, machinery, tool or
punished with reclusion temporal and a fine of instrument of any explosive or incendiary
Five hundred Thousand pesos (P500,000.00) in device, whether chemical, mechanical,
addition to the administrative liability he/she electronic, electrical or otherwise, shall suffer
may be meted out by his/her immediate superior the penalty of reclusion perpetua.
and/or appropriate body.
"Planting of evidence shall mean the willful act
"The immediate superior of the member of the by any person of maliciously and surreptitiously
law enforcement agency or any other inserting, placing, adding or attaching, directly
government employee mentioned in the or indirectly, through any overt or covert act,
preceding paragraph shall be penalized with whatever quantity of any explosive or incendiary
prision correccional and a fine of not less than device or any part, ingredient, machinery, tool or
Ten Thousand pesos (P10,000.00) but not more instrument of any explosive or incendiary
than Fifty thousand pesos (P50,000.00) and in device, whether chemical, mechanical,
addition, perpetual absolute disqualification electronic, electrical or otherwise in the person,
from public office if despite due notice to them house, effects or in the immediate vicinity of an
and to the witness concerned, the former does innocent individual for the purpose of
not exert reasonable effort to present the latter to implicating incriminating or imputing the
the court. commission of any violation of this Decree.

"The member of the law enforcement agency or "SEC. 4-B. Continuous Trial. - In cases
any other government employee mentioned in involving violations of this Decree, the judge
the preceding paragraphs shall not be transferred shall set the case for continuous trial on a daily
or reassigned to any other government office basis from Monday to Friday or other short-term
located in another territorial jurisdiction during trial calendar so as to ensure speedy trial. Such
the pendency of the case in court. However, the case shall be terminated within ninety (90) days
concerned member of the law enforcement from arraignment of the accused.
agency or government employee may be
transferred or reassigned for compelling "SEC. 4-C. Authority to Import, Sell or Possess
reasons: Provided, That his/her immediate Chemicals or Accessories for Explosives. - Only
superior shall notify the court where the case is persons or entities issued a manufacturer's
pending of the order to transfer or reassign, license, dealer's license or purchaser's license by
within twenty-four (24) hours from its the Philippine National Police (PNP)-Firearms
approval: Provided, further, That his/her and Explosives Division may import any of the
immediate superior shall be penalized chemical or accessories that can be used in the
with prision correccional and a fine of not less manufacture of explosives or explosive
than Ten thousand pesos (P10,000.00) but not ingredients from foreign suppliers, or possess or
more than Fifty thousand pesos (P50,000.00) sell them to licensed dealers or end users, as the
and in addition, perpetual absolute case may be.
disqualification from public office, should
he/she fail to notify the court of such order to "SEC. 4-D. Types of Chemicals/Accessories
transfer or reassign. Covered. - The chemicals and accessories
mentioned in the preceding Section shall

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exclusively refer to chlorates, nitrates, nitric acid REPUBLIC ACT No. 10591
and such other chemicals and accessories that
can be used for the manufacture of explosives AN ACT PROVIDING FOR A
and explosive ingredients. COMPREHENSIVE LAW ON FIREARMS
AND AMMUNITION AND PROVIDING
"SEC. 4-E. Record of Transactions. - Any PENALTIES FOR VIOLATIONS
person or entity who intends to import, sell or THEREOF
possess the aforecited chemicals or accessories
shall file an application with the chief of the Be it enacted by the Senate and House of
PNP, stating therein the purpose for which the Representatives of the Philippines in Congress
license and/or permit is sought and such other assembled:
information as may be required by the said
official. The concerned person or entity shall ARTICLE I.
maintain a permanent record of all transactions
entered into in relation with the aforecited TITLE, DECLARATION OF POLICY AND
chemicals or accessories, which documents shall DEFINITION OF TERMS
be open to inspection by the appropriate
authorities. Section 1. Short Title. This Act shall be
known as the "Comprehensive Firearms and
"SEC. 4-F. Cancellation of License. - Failure to Ammunition Regulation Act".
comply with the provision of Section 4-C, 4-D
and 4-E shall be sufficient cause for the Section 2. Declaration of State Policy. It is the
cancellation of the license and the confiscation policy of the State to maintain peace and order
of all such chemicals or accessories, whether or and protect the people against violence. The
not lawfully imported, purchased or possessed State also recognizes the right of its qualified
by the subject person or entity." citizens to self-defense through, when it is the
reasonable means to repel the unlawful
Sec. 4. Separability Clause. - If, for any reason, aggression under the circumstances, the use of
any provision of this Act is declared to be firearms. Towards this end, the State shall
unconstitutional or invalid, the other Sections or provide for a comprehensive law regulating the
provisions thereof which are not affected ownership, possession, carrying, manufacture,
thereby shall continue to be in full force and dealing in and importation of firearms,
effect. ammunition, or parts thereof, in order to provide
legal support to law enforcement agencies in
Sec. 5. Repealing Clause. - All laws, decrees, their campaign against crime, stop the
orders, rules and regulations or parts thereof proliferation of illegal firearms or weapons and
inconsistent with the provisions of this Act are the illegal manufacture of firearms or weapons,
hereby repealed, amended, or modified ammunition and parts thereof.
accordingly.
Section 3. Definition of Terms. As used in this
Sec. 6. Effecfivity. - This Act shall take effect Act:
after fifteen (15) days following its publication
in the Official Gazette or in two (2) newspapers (a) Accessories refer to parts of a firearm which
of general circulation. may enhance or increase the operational
efficiency or accuracy of a firearm but will not
constitute any of the major or minor internal
parts thereof such as, hut not limited to, laser
scope, telescopic sight and sound suppressor or
silencer.

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(b) Ammunition refers to a complete unfixed unit ammunition or parts thereof for purposes of sale
consisting of a bullet, gunpowder, cartridge case or distribution.1wphi1
and primer or loaded shell for use in any
firearm. (i) Confiscated firearm refers to a firearm that is
taken into custody by the PNP, National Bureau
(c) Antique firearm refers to any: (1) firearm of Investigation (NBI), Philippine Drug
which was manufactured at least seventy-five Enforcement Agency (PDEA), and all other law
(75) years prior to the current date but not enforcement agencies by reason of their mandate
including replicas; (2) firearm which is certified and must be necessarily reported or turned over
by the National Museum of the Philippines to be to the PEO of the PNP.
curio or relic of museum interest; and (3) any
other firearm which derives a substantial part of (j) Demilitarized firearm refers to a firearm
its monetary value from the fact that it is novel, deliberately made incapable of performing its
rare, bizarre or because of its association with main purpose of firing a projectile.
some historical figure, period or event.
(k) Duty detail order refers to a document issued
(d) Arms smuggling refers to the import, export, by the juridical entity or employer wherein the
acquisition, sale, delivery, movement or transfer details of the disposition of firearm is spelled-
of firearms, their parts and components and out, thus indicating the name of the employee,
ammunition, from or across the territory of one the firearm information, the specific duration
country to that of another country which has not and location of posting or assignment and the
been authorized in accordance with domestic authorized bonded firearm custodian for the
law in either or both country/countries. juridical entity to whom such firearm is turned
over after the lapse of the order.
(e) Authority to import refers to a document
issued by the Chief of the Philippine National (l) Firearm refers to any handheld or portable
Police (PNP) authorizing the importation of weapon, whether a small arm or light weapon,
firearms, or their parts, ammunition and other that expels or is designed to expel a bullet, shot,
components. slug, missile or any projectile, which is
discharged by means of expansive force of gases
(f) Authorized dealer refers to any person, legal from burning gunpowder or other form of
entity, corporation, partnership or business entity combustion or any similar instrument or
duly licensed by the Firearms and Explosive implement. For purposes of this Act, the barrel,
Office (FEO) of the PNP to engage in the frame or receiver is considered a firearm.
business of buying and selling ammunition,
firearms or parte thereof, at wholesale or retail (m) Firearms Information Management System
basis. (FIMS) refers to the compilation of all data and
information on firearms ownership and
(g) Authorized importer refers to any person, disposition for record purposes.
legal entity, corporation, partnership or business
duly licensed by the FEO of the PNP to engage (n) Forfeited firearm refers to a firearm that is
in the business of importing ammunition and subject to forfeiture by reason of court order as
firearms, or parts thereof into the territory of the accessory penalty or for the disposition by the
Republic of the Philippines for purposes of sale FEO of the PNP of firearms considered as
or distribution under the provisions of this Act. abandoned, surrendered, confiscated or revoked
in compliance with existing rules and
(h) Authorized manufacturer refers to any regulations.
person, legal entity, corporation, or partnership
duly licensed by the FEO of the PNP to engage (o) Gun club refers to an organization duly
in the business of manufacturing firearms, and registered with and accredited in good standing

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by the FEO of the PNP which is established for rocket systems, portable launchers of anti-
the purpose of propagating responsible and safe aircraft missile systems, and mortars of a caliber
gun ownership, proper appreciation and use of of less than 100MM.
firearms by its members, for the purpose of
sports and shooting competition, self-defense (u) Long certificate of registration refers to
and collection purposes. licenses issued to government agencies or
offices or government-owned or -controlled
(p) Gunsmith refers to any person, legal entity, corporations for firearms to be used by their
corporation, partnership or business duly officials and employees who are qualified to
licensed by the FEO of the PNP to engage in the possess firearms as provider in this Act,
business of repairing firearms and other excluding security guards.
weapons or constructing or assembling firearms
and weapons from finished or manufactured (v) Loose firearm refers to an unregistered
parts thereof on a per order basis and not in firearm, an obliterated or altered firearm, firearm
commercial quantities or of making minor parts which has been lost or stolen, illegally
for the purpose of repairing or assembling said manufactured firearms, registered firearms in the
firearms or weapons. possession of an individual other than the
licensee and those with revoked licenses in
(q) Imitation firearm refers to a replica of a accordance with the rules and regulations.
firearm, or other device that is so substantially
similar in coloration and overall appearance to (w) Major part or components of a
an existing firearm as to lead a reasonable firearm refers to the barrel, slide, frame,
person to believe that such imitation firearm is a receiver, cylinder or the bolt assembly. The term
real firearm. also includes any part or kit designed and
intended for use in converting a semi-automatic
(r) Licensed citizen refers to any Filipino who burst to a full automatic firearm.
complies with the qualifications set forth in this
Act and duly issued with a license to possess or (x) Minor parts of a firearm refers to the parts of
to carry firearms outside of the residence in the firearm other than the major parts which are
accordance with this Act. necessary to effect and complete the action of
expelling a projectile by way of combustion,
(s) Licensed, juridical entity refers to except those classified as accessories.
corporations, organizations, businesses including
security agencies and local government units (y) Permit to carry firearm outside of
(LGUs) which are licensed to own and possess residence refers to a written authority issued to a
firearms in accordance with this Act. licensed citizen by the Chief of the PNP which
entitles such person to carry his/her registered or
(t) Light weapons are: Class-A Light weapons lawfully issued firearm outside of the residence
which refer to self-loading pistols, rifles and for the duration and purpose specified in the
carbines, submachine guns, assault rifles and authority.
light machine guns not exceeding caliber
7.62MM which have fully automatic mode; and (z) Permit to transport firearm refers to a
Class-B Light weapons which refer to weapons written authority issued to a licensed citizen or
designed for use by two (2) or more persons entity by the Chief of the PNP or by a PNP
serving as a crew, or rifles and machine guns Regional Director which entitles such person or
exceeding caliber 7.62MM such as heavy entity to transport a particular firearm from and
machine guns, handheld underbarrel and to a specific location within the duration and
mounted grenade launchers, portable anti- purpose in the authority.
aircraft guns, portable anti-tank guns, recoilless
rifles, portable launchers of anti-tank missile and

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(aa) Residence refers to the place or places of (ee) Sports shooting competition refers to a
abode of the licensed citizen as indicated in defensive, precision or practical sport shooting
his/her license. competition duly authorized by the FEO of the
PNP.
(bb) Shooting range refers to a facility
established for the purpose of firearms training (ff) Tampered, obliterated or altered
and skills development, firearm testing, as well firearm refers to any firearm whose serial
as for sports and competition shooting either for number or other identification or ballistics
the exclusive use of its members or open to the characteristics have been intentionally tampered
general public, duly registered with and with, obliterated or altered without authority or
accredited in good standing by the FEO of the in order to conceal its source, identity or
PNP. ownership.

(cc) Short certificate of registration refers to a (gg) Thermal weapon sight refers to a battery
certificate issued by the FEO of the PNP for a operated, uncooled thermal imaging device
government official or employee who was which amplifies available thermal signatures so
issued by his/her employer department, agency that the viewed scene becomes clear to the
or government-owned or -controlled corporation operator which is used to locate and engage
a firearm covered by the long certificate of targets during daylight and from low light to
registration. total darkness and operates in adverse conditions
such as light rain, light snow, and dry smoke or
(dd) Small arms refer to firearms intended to be in conjunction with other optical and red dot
or primarily designed for individual use or that sights.
which is generally considered to mean a weapon
intended to be fired from the hand or shoulder, ARTICLE II
which are not capable of fully automatic bursts
of discharge, such as: OWNERSHIP AND POSSESSION OF
FIREARMS
(1) Handgun which is a firearm intended to be
fired from the hand, which includes: Section 4. Standards and Requisites for
Issuance of and Obtaining a License to Own and
(i) A pistol which is a hand-operated firearm Possess Firearms. In order to qualify and
having a chamber integral with or permanently acquire a license to own and possess a firearm or
aligned with the bore which may be self-loading; firearms and ammunition, the applicant must be
and a Filipino citizen, at least twenty-one (21) years
old and has gainful work, occupation or business
(ii) Revolver which is a hand-operated firearm or has filed an Income Tax Return (ITR) for the
with a revolving cylinder containing chambers preceding year as proof of income, profession,
for individual cartridges. business or occupation.

(2) Rifle which is a shoulder firearm or designed In addition, the applicant shall submit the
to be fired from the shoulder that can discharge a following certification issued by appropriate
bullet through a rifled barrel by different actions authorities attesting the following:
of loading, which may be classified as lever,
bolt, or self-loading; and (a) The applicant has not been convicted of any
crime involving moral turpitude;
(3) Shotgun which is a weapon designed, made
and intended to fire a number of ball shots or a (b) The applicant has passed the psychiatric test
single projectile through a smooth bore by the administered by a PNP-accredited psychologist
action or energy from burning gunpowder. or psychiatrist;

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(c) The applicant has passed the drug test (c) It has completed and submitted all its
conducted by an accredited and authorized drug reportorial requirements to the SEC; and
testing laboratory or clinic;
(d) It has paid all its income taxes for the year,
(d) The applicant has passed a gun safety as duly certified by the Bureau of Internal
seminar which is administered by the PNP or a Revenue.
registered and authorized gun club;
The application shall be made in the name of the
(e) The applicant has filed in writing the juridical person represented by its President or
application to possess a registered firearm which any of its officers mentioned below as duly
shall state the personal circumstances of the authorized in a board resolution to that
applicant; effect: Provided, That the officer applying for
the juridical entity, shall possess all the
(f) The applicant must present a police clearance qualifications required of a citizen applying for a
from the city or municipality police office; and license to possess firearms.

(g) The applicant has not been convicted or is Other corporate officers eligible to represent the
currently an accused in a pending criminal case juridical person are: the vice president, treasurer,
before any court of law for a crime that is and board secretary.
punishable with a penalty of more than two (2)
years. Security agencies and LGUs shall be included in
this category of licensed holders but shall be
For purposes of this Act, an acquittal or subject to additional requirements as may be
permanent dismissal of a criminal case before required by the Chief of the PNP.
the courts of law shall qualify the accused
thereof to qualify and acquire a license. Section 6. Ownership of Firearms by the
National Government. All firearms owned by
The applicant shall pay the reasonable licensing the National Government shall be registered
fees as may be provided in the implementing with the FEO of the PNP in the name of the
rules and regulations of this Act. Republic of the Philippines. Such registration
shall be exempt from all duties and taxes that
An applicant who intends to possess a firearm may otherwise be levied on other authorized
owned by a juridical entity shall submit his/her owners of firearms. For reason of national
duty detail order to the FEO of the PNP. security, firearms of the Armed Forces of the
Philippines (AFP), Coast Guard and other law
Section 5. Ownership of Firearms and enforcement agencies shall only be reported to
Ammunition by a Juridical Entity. A juridical the FEO of the PNP.
person maintaining its own security force may
be issued a regular license to own and possess Section 7. Carrying of Firearms Outside of
firearms and ammunition under the following Residence or Place of Business. A permit to
conditions: carry firearms outside of residence shall be
issued by the Chief of the PNP or his/her duly
(a) It must be Filipino-owned and duly authorized representative to any qualified person
registered with the Securities and Exchange whose life is under actual threat or his/her life is
Commission (SEC); in imminent danger due to the nature of his/her
profession, occupation or business.
(b) It is current, operational and a continuing
concern; It shall be the burden of the applicant to prove
that his/her life is under actual threat by

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submitting a threat assessment certificate from Type 3 license allows a citizen to own and
the PNP. possess a maximum of ten (10) registered
firearms;
For purposes of this Act, the following
professionals are considered to be in imminent Type 4 license allows a citizen to own and
danger due to the nature of their profession, possess a maximum of fifteen (15) registered
occupation or business: firearms; and

(a) Members of the Philippine Bar; Type 5 license allows a citizen, who is a
certified gun collector, to own and possess more
(b) Certified Public Accountants; than fifteen (15) registered firearms.

(c) Accredited Media Practitioners; For Types 1 to 5 licenses, a vault or a container

secured by lock and key or other security
(d) Cashiers, Bank Tellers; measures for the safekeeping of firearms shall be
required.
(e) Priests, Ministers, Rabbi, Imams;
For Types 3 to 5 licenses, the citizen must
(f) Physicians and Nurses; comply with the inspection and bond
requirements.
(g) Engineers; and
Section 10. Firearms That May Be Registered.
(h) Businessmen, who by the nature of their Only small arms may be registered by licensed
business or undertaking, are exposed to high risk citizens or licensed juridical entities for
of being targets of criminal elements. ownership, possession and concealed carry. A
light weapon shall be lawfully acquired or
possessed exclusively by the AFP, the PNP and
ARTICLE III
other law enforcement agencies authorized by
the President in the performance of their
REGISTRATION AND LICENSING duties: Provided, That private individuals who
already have licenses to possess Class-A light
Section 8. Authority to Issue License. The weapons upon the effectivity of this Act shall
Chief of the PNP, through the FEO of the PNP, not be deprived of the privilege to continue
shall issue licenses to qualified individuals and possessing the same and renewing the licenses
to cause the registration of firearms. therefor, for the sole reason that these firearms
are Class "A" light weapons, and shall be
Section 9. Licenses Issued to Individuals. required to comply with other applicable
Subject to the requirements set forth in this Act provisions of this Act.
and payment of required fees to be determined
by the Chief of the PNP, a qualified individual Section 11. Registration of Firearms. The
may be issued the appropriate license under the licensed citizen or licensed juridical entity shall
following categories; register his/her/its firearms so purchased with
the FEO of the PNP in accordance with the type
Type 1 license allows a citizen to own and of license such licensed citizen or licensed
possess a maximum of two (2) registered juridical entity possesses. A certificate of
firearms; registration of the firearm shall be issued upon
payment of reasonable fees.
Type 2 license allows a citizen to own and
possess a maximum of five (5) registered For purposes of this Act, registration refers to
firearms; the application, approval, record-keeping and

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monitoring of firearms with the FEO of the PNP the period of time by which said license shall be
in accordance with the type of license issued to effective, unless sooner revoked by their
any person under Section 9 of this Act. authority.

Section 12. License to Possess Ammunition Upon approval of the license to manufacture or
Necessarily Included. The licenses granted to otherwise deal in firearms by the Secretary of
qualified citizens or juridical entities as provided the DILG or the Chief of the PNP as the case
in Section 9 of this Act shall include the license may be, the same shall be transmitted to the
to possess ammunition with a maximum of fifty FEO of the PNP which shall issue the license in
(50) rounds for each registered accordance with the approved terms and
firearm: Provided; That the FEO of the PNP conditions, upon the execution and delivery by
may allow more ammunition to be possessed by the applicant of the required bond conditioned
licensed sports shooters. upon the faithful compliance on the part of the
licensee to the laws and regulations relative to
Section 13. Issuance of License to Manufacture the business licensed.
or Deal In Firearms and Ammunition. Any
person desiring to manufacture or deal in Section 14. Scope of License to Manufacture
firearms, parts of firearms or ammunition Firearms and Ammunition. The scope of the
thereof, or instruments and implements used or License to Manufacture firearms and
intended to be used in the manufacture of ammunition shall also include the following:
firearms, parts of firearms or ammunition, shall
make an application to: (a) The authority to manufacture and assemble
firearms, ammunition, spare parts and
(a) The Secretary of the Department of the accessories, ammunition components, and
Interior and Local Government (DILG) in the reloading of ammunitions, within sites, areas,
case of an application for a license to and factories stated therein. The Secretary of the
manufacture; and DILG shall approve such license;

(b) The Chief of the PNP in the case of a license (b) The license to deal in or sell all the items
to deal in firearms and firearms parts, covered by the License to Manufacture, such as
ammunition and gun repair. parts, firearms or ammunition and components;

The applicant shall state the amount of (c) The authority to subcontract the
capitalization for manufacture or cost of the manufacturing of parts and accessories
purchase and sale of said articles intended to be necessary for the firearms which the
transacted by such applicant; and the types of manufacturer is licensed to
firms, ammunition or implements which the manufacture: Provided, That the subcontractor
applicant intends to manufacture or purchase of major parts or major components is also
and sell under the license applied for; and such licensed to manufacture firearms and
additional information as may be especially ammunition; and
requested by the Secretary of the DILG or the
Chief of the PNP. (d) The authority to import machinery,
equipment, and firearm parts and ammunition
The Secretary of the DILG or the Chief of the components for the manufacture thereof.
PNP may approve or disapprove such Firearm parts and ammunition components to be
application based on the prescribed guidelines. imported shall, however, be limited to those
In the case of approval, the Secretary of the authorized to be manufactured as reflected in the
DILG or the Chief of the PNP shall indicate the approved License to Manufacture. The Import
amount of the bond to be executed by the Permit shall be under the administration of the
applicant before the issuance of the license and PNP.

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A licensed manufacturer of ammunition is also registered firearm. The license for gunsmiths
entitled to import various reference firearms shall be issued by the Chief of the PNP.
needed to test the ammunition manufactured
under the License to Manufacture. A licensed Section 18. Firearms for Use in Sports and
manufacturer of firearms, on the other hand, is Competitions. A qualified individual shall
entitled to import various firearms for reference, apply for a permit to transport his/her registered
test and evaluation for manufacture of similar, firearm/s from his/her residence to the firing
types of firearms covered by the License to range/s and competition sites as may be
Manufacture. warranted.

An export permit shall, however, be necessary to Section 19. Renewal of Licenses and
export manufactured parts or finished products Registration. All types of licenses to possess a
of firearms and ammunition. The Export Permit firearm shall be renewed every two (2) years.
of firearms and ammunition shall be under the Failure to renew the license on or before the date
administration of the PNP. of its expiration shall cause the revocation of the
license and of the registration of the firearm/s
Section 15. Registration of Locally under said licensee.
Manufactured and Imported Firearms. Local
manufacturers and importers of firearms and The registration of the firearm shall be renewed
major parts thereof shall register the same as every four (4) years. Failure to renew the
follows: registration of the firearm on or before the date
of expiration shall cause the revocation of the
(a) For locally manufactured firearms and major license of the firearm. The said firearm shall be
parts thereof, the initial registration shall be confiscated or forfeited in favor of the
done at the manufacturing government after due process.
facility: Provided, That firearms intended for
export shall no longer be subjected to ballistic The failure to renew a license or registration
identification procedures; and within the periods stated above on two (2)
occasions shall cause the holder of the firearm to
(b) For imported firearms and major parts be perpetually disqualified from applying for
thereof, the registration shall be done upon any firearm license. The application for the
arrival at the FEO of the PNP storage facility. renewal of the license or registration may be
submitted to the FEO of the PNP, within six (6)
Section 16. License and Scope of License to months before the date of the expiration of such
Deal. The License to Deal authorizes the license or registration.
purchase, sale and general business in handling
firearms and ammunition, major and minor parts Section 20. Inspection and Inventory. The
of firearms, accessories, spare parts, Chief of the PNP or his/her authorized
components, and reloading machines, which representative shall require the submission of
shall be issued by the Chief of the PNP. reports, inspect or examine the inventory and
records of a licensed manufacturer, dealer or
Section 17. License and Scope of License for importer of firearms and ammunition during
Gunsmiths. The license for gunsmiths shall reasonable hours.
allow the grantee to repair registered firearms.
The license shall include customization of ARTICLE IV
firearms from finished or manufactured parts
thereof on per order basis and not in commercial ACQUISITION, DEPOSIT OF FIREARMS,
quantities and making the minor parts thereof, ABANDONED, DEMILITARIZED AND
i.e. pins, triggers, trigger bows, sights and the ANTIQUE FIREARMS
like only for the purpose of repairing the

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Section 21. Acquisition or Purchase and Sale of Section 24. Safekeeping of Firearms and
Firearms and Ammunition. Firearms and Ammunition. Any licensee may deposit a
ammunition may only be acquired or purchased registered firearm to the FEO of the PNP, or any
from authorized dealers, importers or local Police Regional Office for safekeeping.
manufacturers and may be transferred or sold Reasonable fees for storage shall be imposed.
only from a licensed citizen or licensed juridical
entity to another licensed citizen or licensed Section 25. Abandoned Firearms and
juridical entity: Provided, That, during election Ammunition. Any firearm or ammunition
periods, the sale and registration of firearms and deposited in the custody of the FEO of the PNP
ammunition and the issuance of the pursuant to the provisions of this Act, shall be
corresponding licenses to citizens shall be deemed to have been abandoned by the owner or
allowed on the condition that the transport or his/her authorized representative if he/she failed
delivery thereof shall strictly comply with the to reclaim the same within five (5) years or
issuances, resolutions, rules and regulations failed to advise the FEO of the PNP of the
promulgated by the Commission on Elections. disposition to be made thereof. Thereafter, the
FEO of the PNP may dispose of the same after
Section 22. Deposit of Firearms by Persons compliance with established procedures.
Arriving From Abroad. A person arriving in
the Philippines who is legally in possession of Section 26. Death or Disability of Licensee.
any firearm or ammunition in his/her country of Upon the death or legal disability of the holder
origin and who has declared the existence of the of a firearm license, it shall be the duty of
firearm upon embarkation and disembarkation his/her next of kin, nearest relative, legal
but whose firearm is not registered in the representative, or other person who shall
Philippines in accordance with this Act shall knowingly come into possession of such firearm
deposit the same upon written receipt with the or ammunition, to deliver the same to the FEO
Collector of Customs for delivery to the FEO of of the PNP or Police Regional Office, and such
the PNP for safekeeping, or for the issuance of a firearm or ammunition shall be retained by the
permit to transport if the person is a competitor police custodian pending the issuance of a
in a sports shooting competition. If the license and its registration in accordance, with
importation of the same is allowed and the party this Act. The failure to deliver the firearm or
in question desires to obtain a domestic firearm ammunition within six (6) months after the death
license, the same should be undertaken in or legal disability of the licensee shall render the
accordance with the provisions of this Act. If no possessor liable for illegal possession of the
license is desired or leave to import is not firearm.
granted, the firearm or ammunition in question
shall remain in the custody of the FEO of the Section 27. Antique Firearm. Any person who
PNP until otherwise disposed of in-accordance possesses an antique firearm shall register the
with law. same and secure a collectors license from the
FEO of the PNP. Proper storage of antique
Section 23. Return of Firearms to Owner upon firearm shall be strictly imposed.
Departure from the Philippines. Upon the Noncompliance of this provision shall be
departure from the Philippines of any person considered as illegal possession of the firearm as
whose firearm or ammunition is in the custody penalized in this Act.
of the FEO of the PNP, the same shall, upon
timely request, be delivered to the person ARTICLE V
through the Collector of Customs. In the case of
a participant in a local sports shooting PENAL PROVISIONS
competition, the firearm must be presented to
the Collector of Customs before the same is Section 28. Unlawful Acquisition, or Possession
allowed to be loaded on board the carrier on of Firearms and Ammunition. The unlawful
which the person is to board.

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acquisition, possession of firearms and (g) The penalty of prision mayor in its minimum
ammunition shall be penalized as follows: period shall be imposed upon any person who
shall unlawfully acquire or possess ammunition
(a) The penalty of prision mayor in its medium for a small arm or Class-A light weapon. If the
period shall be imposed upon any person who violation of this paragraph is committed by the
shall unlawfully acquire or possess a small arm; same person charged with the unlawful
acquisition or possession of a small arm, the
(b) The penalty of reclusion former violation shall be absorbed by the latter;
temporal to reclusion perpetua shall be imposed
if three (3) or more small arms or Class-A light (h) The penalty of prision mayor in its medium
weapons are unlawfully acquired or possessed period shall be imposed upon any person who
by any person; shall unlawfully acquire or possess a major part
of a Class-A light weapon;
(c) The penalty of prision mayor in its maximum
period shall be imposed upon any person who (i) The penalty of prision mayor in its medium
shall unlawfully acquire or possess a Class-A period shall be imposed upon any person who
light weapon; shall unlawfully acquire or possess ammunition
for a Class-A light weapon. If the violation of
(d) The penalty of reclusion perpetua shall be this paragraph is committed by the same person
imposed upon any person who shall, unlawfully charged with the unlawful acquisition or
acquire or possess a Class-B light weapon; possession of a Class-A light weapon, the
former violation shall be absorbed by the latter;
(e) The penalty of one (1) degree higher than
that provided in paragraphs (a) to (c) in this (j) The penalty of prision mayor in its maximum
section shall be imposed upon any person who period shall be imposed upon any person who
shall unlawfully possess any firearm under any shall unlawfully acquire or possess a major part
or combination of the following conditions: of a Class-B light weapon; and

(1) Loaded with ammunition or inserted with a (k) The penalty of prision mayor in its
loaded magazine; maximum period shall be imposed upon any
person who shall unlawfully acquire or possess
(2) Fitted or mounted with laser or any gadget ammunition for a Class-B light weapon. If the
used to guide the shooter to hit the target such as violation of this paragraph is committed by the
thermal weapon sight (TWS) and the like; same person charged with the unlawful
acquisition or possession of a Class-B light
(3) Fitted or mounted with sniper scopes, weapon, the former violation shall be absorbed
firearm muffler or firearm silencer; by the latter.

(4) Accompanied with an extra barrel; and 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
(5) Converted to be capable of firing full
crime punishable under the Revised Penal Code
automatic bursts.
or other special laws, shall be considered as an
aggravating circumstance: Provided, That if the
(f) The penalty of prision mayor in its minimum crime committed with the use of a loose firearm
period shall be imposed upon any person who is penalized by the law with a maximum penalty
shall unlawfully acquire or possess a major part which is lower than that prescribed in the
of a small arm; preceding section for illegal possession of
firearm, the penalty for illegal possession of
firearm shall be imposed in lieu of the penalty

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for the crime charged: Provided, further, That if Used or Intended to be Used in the Manufacture
the crime committed with the use of a loose of Firearms, Ammunition or Parts Thereof.
firearm is penalized by the law with a maximum The penalty of reclusion temporal to reclusion
penalty which is equal to that imposed under the perpetua shall be imposed upon any person who
preceding section for illegal possession of shall unlawfully engage in the manufacture,
firearms, the penalty of prision mayor in its importation, sale or disposition of a firearm or
minimum period shall be imposed in addition to ammunition, or a major part of a firearm or
the penalty for the crime punishable under the ammunition, or machinery, tool or instrument
Revised Penal Code or other special laws of used or intended to be used by the same person
which he/she is found guilty. in the manufacture of a firearm, ammunition, or
a major part thereof.
If the violation of this Act is in furtherance of, or
incident to, or in connection with the crime of The possession of any machinery, tool or
rebellion of insurrection, or attempted coup d instrument used directly in the manufacture of
etat, such violation shall be absorbed as an firearms, ammunition, or major parts thereof by
element of the crime of rebellion or insurrection, any person whose business, employment or
or attempted coup d etat. activity does not lawfully deal with the
possession of such article, shall be prima
If the crime is committed by the person without facie evidence that such article is intended to be
using the loose firearm, the violation of this Act used in the unlawful or illegal manufacture of
shall be considered as a distinct and separate firearms, ammunition or parts thereof.
offense.
The penalty of prision mayor in its minimum
Section 30. Liability of Juridical Person. The period to prision mayor in its medium period
penalty of prision mayor in its minimum shall be imposed upon any laborer, worker or
to prision mayor in its medium period shall be employee of a licensed firearms dealer who shall
imposed upon the owner, president, manager, unlawfully take, sell or otherwise dispose of
director or other responsible officer of/any parts of firearms or ammunition which the
public or private firm, company, corporation or company manufactures and sells, and other
entity who shall willfully or knowingly allow materials used by the company in the
any of the firearms owned by such firm, manufacture or sale of firearms or ammunition.
company, corporation or entity to be used by any The buyer or possessor of such stolen part or
person or persons found guilty of violating the material, who is aware that such part or material
provisions of the preceding section, or willfully was stolen, shall suffer the same penalty as the
or knowingly allow any of them to use laborer, worker or employee.
unregistered firearm or firearms without any
legal authority to be carried outside of their If the violation or offense is committed by a
residence in the course of their employment. corporation, partnership, association or other
juridical entity, the penalty provided for in this
Section 31. Absence of Permit to Carry Outside section shall be imposed upon the directors,
of Residence. The penalty of prision officers, employees or other officials or persons
correccional and a fine of Ten thousand pesos therein who knowingly and willingly
(P10,000.00) shall be imposed upon any person participated in the unlawful act.
who is licensed to own a firearm but who shall
carry the registered firearm outside his/her Section 33. Arms Smuggling. The penalty
residence without any legal authority therefor. of reclusion perpetua shall be imposed upon any
person who shall engage or participate in arms
Section 32. Unlawful Manufacture, Importation, smuggling as defined in this Act.
Sale or Disposition of Firearms or Ammunition
or Parts Thereof, Machinery, Tool or Instrument

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Section 34. Tampering, Obliteration or Section 37. Confiscation and Forfeiture. The
Alteration of Firearms Identification. The imposition of penalty for any violation of this
penalty of prision correccional to prision Act shall carry with it the accessory penalty of
mayor in its minimum period shall be imposed confiscation and forfeiture of the firearm,
upon any person who shall tamper, obliterate or ammunition, or parts thereof, machinery, tool or
alter without authority the barrel, slide, frame, instrument in favor of the government which
receiver, cylinder, or bolt assembly, including shall be disposed of in accordance with law.
the name of the maker, model, or serial number
of any firearm, or who shall replace without Section 38. Liability for Planting Evidence.
authority the barrel, slide, frame, receiver, The penalty of prision mayor in its maximum
cylinder, or bolt assembly, including its period shall be imposed upon any person who
individual or peculiar identifying characteristics shall willfully and maliciously insert; place,
essential in forensic examination of a firearm or and/or attach, directly or indirectly, through any
light weapon. overt or covert act, any firearm, or ammunition,
or parts thereof in the person, house, effects, or
The PNP shall place this information, including in the immediate vicinity of an innocent
its individual or peculiar identifying individual for the purpose of implicating or
characteristics into the database of integrated incriminating the person, or imputing the
firearms identification system of the PNP Crime commission of any violation of the provisions of
Laboratory for future use and identification of a this Act to said individual. If the person found
particular firearm. guilty under this paragraph is a public officer or
employee, such person shall suffer the penalty
Section 35. Use of an Imitation Firearm. An of reclusion perpetua.
imitation firearm used in the commission of a
crime shall be considered a real firearm as Section 39. Grounds for Revocation,
defined in this Act and the person who Cancellation or Suspension of License or
committed the crime shall be punished in Permit. The Chief of the PNP or his/her
accordance with this Act: Provided, That authorized representative may revoke, cancel or
injuries caused on the occasion of the conduct of suspend a license or permit on the following
competitions, sports, games, or any recreation grounds:
activities involving imitation firearms shall not
be punishable under this Act. (a) Commission of a crime or offense involving
the firearm, ammunition, of major parts thereof;
Section 36. In Custodia Legis. During the
pendency of any case filed in violation of this (b) Conviction of a crime involving moral
Act, seized firearm, ammunition, or parts turpitude or any offense where the penalty
thereof, machinery, tools or instruments shall carries an imprisonment of more than six (6)
remain in the custody of the court. If the court years;
decides that it has no adequate means to safely
keep the same, the court shall issue an order to (c) Loss of the firearm, ammunition, or any parts
turn over to the PNP Crime Laboratory such thereof through negligence;
firearm, ammunition, or parts thereof,
machinery, tools or instruments in its custody (d) Carrying of the firearm, ammunition, or
during the pendency of the case and to produce major parts thereof outside of residence or
the same to the court when so ordered. No bond workplace without, the proper permit to carry
shall be admitted for the release of the firearm, the same;
ammunition or parts thereof, machinery, tool or
instrument. Any violation of this paragraph shall (e) Carrying of the firearm, ammunition, or
be punishable by prision mayor in its minimum major parts thereof in prohibited places;
period to prision mayor in its medium period.

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(f) Dismissal for cause from the service in case law enforcement agent or public officer to
of government official and employee; private individuals, the penalty of reclusion
temporal shall be imposed.
(g) Commission of any of the acts penalized
under Republic Act No. 9165, otherwise known Any public officer or employee or any person
as the "Comprehensive Dangerous Drugs Act of who shall facilitate the registration of a firearm
2002; through fraud, deceit, misrepresentation or
submission of falsified documents shall suffer
(h) Submission of falsified documents or the penalty of prision correccional.
misrepresentation in the application to obtain a
license or permit; ARTICLE VI
FINAL PROVISIONS
(i) Noncompliance of reportorial requirements;
and Section 42. Firearms Repository. The FEO of
the PNP shall be the sole repository of all
(j) By virtue of a court order. firearms records to include imported and locally
manufactured firearms and ammunition. Within
Section 40. Failure to Notify Lost or Stolen one (1) year upon approval of this Act, all
Firearm or Light Weapon. A fine of Ten military and law enforcement agencies,
thousand pesos (P10,000.00) shall be imposed government agencies, LGUs and government-
upon any licensed firearm holder who fails to owned or -controlled corporations shall submit
report to the FEO of the PNP that the subject an inventory of all their firearms and
firearm has been lost or stolen within a period of ammunition to the PNP.
thirty (30) days from the date of discovery.
Section 43. Final Amnesty. Persons in
Likewise, a fine of Five thousand pesos possession of unregistered firearms and holders
(P5,000.00) shall be imposed upon any person of expired license or unregistered firearms shall
holding a valid firearm license who changes register and renew the same through the Final
residence or office address other than that General Amnesty within six (6) months from the
indicated in the license card and fails within a promulgation of the implementing rules and
period of thirty (30) days from said transfer to regulations of this Act. During the interim
notify the FEO of the PNP of such change of period of six (6) months, no person applying for
address. license shall be charged of any delinquent
payment accruing to the firearm subject for
Section 41. Illegal Transfer/Registration of registration. The PNP shall conduct an intensive
Firearms. It shall be unlawful to transfer nationwide campaign to ensure that the general
possession of any firearm to any person who has public is properly informed of the provisions of
not yet obtained or secured the necessary license this Act.
or permit thereof.
Section 44. Implementing Rules and
The penalty of prision correccional shall be Regulations. Within one hundred twenty (120)
imposed upon any person who shall violate the days from the effectivity of this Act, the Chief of
provision of the preceding paragraph. In the PNP, after public hearings and consultation
addition, he/she shall be disqualified to apply for with concerned sectors of society shall formulate
a license to possess other firearms and all his/her the necessary rules and regulations for the
existing firearms licenses whether for purposes effective implementation of this Act to be
of commerce or possession, shall be revoked. If published in at least two (2) national newspapers
government-issued firearms, ammunition or of general circulation.
major parts of firearms or light weapons are
unlawfully disposed, sold or transferred by any

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Section 45. Repealing Clause. This Act
repeals Sections 1, 2, 5 and 7 of Presidential
Decree No. 1866, as amended, and Section 6 of
Republic Act No. 8294 and all other laws, Sec. 2. This Act shall not apply to persons
executive orders, letters of instruction, convicted of offenses punished with death
issuances, circulars, administrative orders, rules penalty or life-imprisonment; to those convicted
or regulations that are inconsistent herewith. of treason, conspiracy or proposal to commit
treason; to those convicted of misprision of
Section 46. Separability Clause. If any treason, rebellion, sedition or espionage; to those
provision of this Act or any part hereof is held convicted of piracy; to those who are habitual
invalid or unconstitutional, the remainder of the delinquents; to those who have escaped from
law or the provision not otherwise affected shall confinement or evaded sentence; to those who
remain valid and subsisting. having been granted conditional pardon by the
Chief Executive shall have violated the terms
Section 47. Effectivity. This Act shall take thereof; to those whose maximum term of
effect after fifteen (15) days from its publication imprisonment does not exceed one year, not to
in a newspaper of nationwide circulation. those already sentenced by final judgment at the
time of approval of this Act, except as provided
in Section 5 hereof.

ACT NO. 4103 .

Sec. 3. There is hereby created a Board of
Pardons and Parole to be composed of the
(As Amended by Act No. 4225 and Republic Act
Secretary of Justice who shall be its Chairman,
No. 4203 [June 19, 1965])
and four members to be appointed by the
President, with the consent of the Commission
AN ACT TO PROVIDE FOR AN on Appointments who shall hold office for a
INDETERMINATE SENTENCE AND term of six years: Provided, That one member of
PAROLE FOR ALL PERSONS CONVICTED the board shall be a trained sociologist, one a
OF CERTAIN CRIMES BY THE COURTS OF clergyman or educator, one psychiatrist unless a
THE PHILIPPINE ISLANDS; TO CREATE A trained psychiatrist be employed by the board,
BOARD OF INDETERMINATE SENTENCE and the other members shall be persons qualified
AND TO PROVIDE FUNDS THEREFOR; for such work by training and experience. At
AND FOR OTHER PURPOSES. least one member of the board shall be a woman.
Of the members of the present board, two shall
Section 1. Hereafter, in imposing a prison be designated by the President to continue until
sentence for an offense punished by the Revised December thirty, nineteen hundred and sixty-six
Penal Code, or its amendments, the court shall and the other two shall continue until December
sentence the accused to an indeterminate thirty, nineteen hundred and sixty-nine. In case
sentence the maximum term of which shall be of any vacancy in the membership of the Board,
that which, in view of the attending a successor may be appointed to serve only for
circumstances, could be properly imposed under the unexpired portion of the term of the
the rules of the said Code, and the minimum respective members.
which shall be within the range of the penalty
next lower to that prescribed by the Code for the Sec. 4. The Board of Pardons and Parole is
offense; and if the offense is punished by any authorized to adopt such rules and regulations as
other law, the court shall sentence the accused to may be necessary for carrying out its functions
an indeterminate sentence, the maximum term of and duties. The Board is empowered to call upon
which shall not exceed the maximum fixed by any bureau, office, branch, subdivision, agency
said law and the minimum shall not be less than or instrumentality of the Government for such
the minimum term prescribed by the same.

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assistance as it may need in connection with the Governor-General with regard to the parole of
performance of its functions. A majority of all such prisoners as they shall deem qualified for
the members shall constitute a quorum and a parole as herein provided, after they shall have
majority vote shall be necessary to arrive at a served a period of imprisonment not less than
decision. Any dissent from the majority opinion the minimum period for which they might have
shall be reduced to writing and filed with the been sentenced under this Act for the same
records of the proceedings. Each member of the offense.
Board, including the Chairman and the
Executive Officer, shall be entitled to receive as Sec. 6. Every prisoner released from
compensation fifty pesos for each meeting confinement on parole by virtue of this Act
actually attended by him, notwithstanding the shall, at such times and in such manner as may
provisions of Section two hundred and fifty-nine be required by the conditions of his parole, as
of the Revised Administrative Code, and in may be designated by the said Board for such
addition thereto, reimbursement of actual and purpose, report personally to such government
necessary traveling expenses incurred in the officials or other parole officers hereafter
performance of duties: Provided, however, That appointed by the Board of Indeterminate
the Board meetings will not be more than three Sentence for a period of surveillance equivalent
times a week. to the remaining portion of the maximum
sentence imposed upon him or until final release
Sec. 5. It shall be the duty of the Board of and discharge by the Board of Indeterminate
Indeterminate Sentence to look into the physical, Sentence as herein provided. The officials so
mental and moral record of the prisoners who designated shall keep such records and make
shall be eligible to parole and to determine the such reports and perform such other duties
proper time of release of such prisoners. hereunder as may be required by said Board.
Whenever any prisoner shall have served the The limits of residence of such paroled prisoner
minimum penalty imposed on him, and it shall during his parole may be fixed and from time to
appear to the Board of Indeterminate Sentence, time changed by the said Board in its discretion.
from the reports of the prisoner's work and If during the period of surveillance such paroled
conduct which may be received in accordance prisoner shall show himself to be a law-abiding
with the rules and regulations prescribed, and citizen and shall not violate any of the laws of
from the study and investigation made by the the Philippine Islands, the Board of
Board itself, that such prisoner is fitted by his Indeterminate Sentence may issue a final
training for release, that there is a reasonable certificate of release in his favor, which shall
probability that such prisoner will live and entitle him to final release and discharge.
remain at liberty without violating the law, and
that such release will not be incompatible with Sec. 7. The Board shall file with the court
the welfare of society, said Board of which passed judgment on the case, and with the
Indeterminate Sentence may, in its discretion, Chief of Constabulary, a certified copy of each
and in accordance with the rules and regulations order of conditional or final release and
adopted hereunder, authorize the release of such discharge issued in accordance with the
prisoner on parole, upon such terms and provisions of the next preceding two sections.
conditions as are herein prescribed and as may
be prescribed by the Board. The said Board of Sec. 8. Whenever any prisoner released on
Indeterminate Sentence shall also examine the parole by virtue of this Act shall, during the
records and status of prisoners who shall have period of surveillance, violate any of the
been convicted of any offense other than those conditions of his parole, the Board of
named in Section 2 hereof, and have been Indeterminate Sentence may issue an order for
sentenced for more than one year by final his re-arrest which may be served in any part of
judgment prior to the date on which this Act the Philippine Islands by any police officer. In
shall take effect, and shall make such case the prisoner so re-arrested shall serve
recommendation in all such cases to the

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the remaining unexpired portion of the Section 1. Short Title and Scope. - This Act
maximum sentence for which he was originally shall be known as the "Juvenile Justice and
committed to prison, unless the Board of Welfare Act of 2006."It shall cover the
Indeterminate Sentence shall, in its discretion, different stages involving children at risk and
grant a new parole to the said prisoner. children in conflict with the law from prevention
to rehabilitation and reintegration.
Sec. 9. Nothing in this Act shall be construed to
impair or interfere with the powers of the SEC. 2. Declaration of State Policy. - The
Governor-General as set forth in Section 64(i) of following State policies shall be observed at all
the Revised Administrative Code or the Act of times:
Congress approved August 29, 1916 entitled
"An Act to declare the purpose of the people of (a) The State recognizes the vital role of children
the United States as to the future political status and youth in nation building and shall promote
of the people of the Philippine Islands, and to and protect their physical, moral, spiritual,
provide a more autonomous government for intellectual and social well-being. It shall
those Islands." inculcate in the youth patriotism and
nationalism, and encourage their involvement in
Sec. 10. Whenever any prisoner shall be released public and civic affairs.
on parole hereunder he shall be entitled to
receive the benefits provided in Section 1751 of (b) The State shall protect the best interests of
the Revised Administrative Code. the child through measures that will ensure the
observance of international standards of child
protection, especially those to which the
Philippines is a party. Proceedings before any
Republic Act No. 9344 authority shall be conducted in the best interest
of the child and in a manner which allows the
AN ACT ESTABLISHING A child to participate and to express
COMPREHENSIVE JUVENILE JUSTICE himself/herself freely. The participation of
AND WELFARE SYSTEM, CREATING children in the program and policy formulation
THE JUVENILE JUSTICE AND WELFARE and implementation related to juvenile justice
COUNCIL UNDER THE DEPARTMENT and welfare shall be ensured by the concerned
government agency.
OF JUSTICE, APPROPRIATING FUNDS
THEREFOR AND FOR OTHER
PURPOSES (c) The State likewise recognizes the right of
children to assistance, including proper care and
Be it enacted by the Senate and House of nutrition, and special protection from all forms
Representatives of the Philippines in Congress of neglect, abuse, cruelty and exploitation, and
assembled: other conditions prejudicial to their
development.
TITLE I
(d) Pursuant to Article 40 of the United Nations
Convention on the Rights of the Child, the State
GOVERNING PRINCIPLES
recognizes the right of every child alleged as,
accused of, adjudged, or recognized as having
CHAPTER 1 infringed the penal law to be treated in a manner
consistent with the promotion of the child's
TITLE, POLICY AND DEFINITION OF sense of dignity and worth, taking into account
TERMS the child's age and desirability of promoting
his/her reintegration. Whenever appropriate and
desirable, the State shall adopt measures for

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dealing with such children without resorting to alternative for safeguarding the growth and
judicial proceedings, providing that human development of the child.
rights and legal safeguards are fully respected. It
shall ensure that children are dealt with in a (e) "Child" refers to a person under the age of
manner appropriate to their well-being by eighteen (18) years.
providing for, among others, a variety of
disposition measures such as care, guidance and (d) "Child at Risk" refers to a child who is
supervision orders, counseling, probation, foster vulnerable to and at the risk of committing
care, education and vocational training programs criminal offenses because of personal, family
and other alternatives to institutional care. and social circumstances, such as, but not
limited to, the following:
(e) The administration of the juvenile justice and
welfare system shall take into consideration the (1) being abused by any person through sexual,
cultural and religious perspectives of the physical, psychological, mental, economic or
Filipino people, particularly the indigenous any other means and the parents or guardian
peoples and the Muslims, consistent with the refuse, are unwilling, or unable to provide
protection of the rights of children belonging to protection for the child;
these communities.
(2) being exploited including sexually or
(f) The State shall apply the principles of economically;
restorative justice in all its laws, policies and
programs applicable to children in conflict with (3) being abandoned or neglected, and after
the law. diligent search and inquiry, the parent or
guardian cannot be found;
SEC. 3. Liberal Construction of this Act. - In
case of doubt, the interpretation of any of the (4) coming from a dysfunctional or broken
provisions of this Act, including its family or without a parent or guardian;
implementing rules and regulations (IRRs), shall
be construed liberally in favor of the child in (5) being out of school;
conflict with the law.
(6) being a streetchild;
SEC. 4. Definition of Terms. - The following
terms as used in this Act shall be defined as
(7) being a member of a gang;
follows:
(8) living in a community with a high level of
(a) "Bail" refers to the security given for the
criminality or drug abuse; and
release of the person in custody of the law,
furnished by him/her or a bondsman, to
guarantee his/her appearance before any court. (9) living in situations of armed conflict.
Bail may be given in the form of corporate
security, property bond, cash deposit, or (e) "Child in Conflict with the Law" refers to a
recognizance. child who is alleged as, accused of, or adjudged
as, having committed an offense under
(b) "Best Interest of the Child" refers to the Philippine laws.
totality of the circumstances and conditions
which are most congenial to the survival, (f) "Community-based Programs" refers to the
protection and feelings of security of the child programs provided in a community setting
and most encouraging to the child's physical, developed for purposes of intervention and
psychological and emotional development. It diversion, as well as rehabilitation of the child in
also means the least detrimental available

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conflict with the law, for reintegration into his/her psychological, emotional and psycho-
his/her family and/or community. social well-being.

(g) "Court" refers to a family court or, in places (m) "Juvenile Justice and Welfare System"
where there are no family courts, any regional refers to a system dealing with children at risk
trial court. and children in conflict with the law, which
provides child-appropriate proceedings,
(h) "Deprivation of Liberty" refers to any form including programs and services for prevention,
of detention or imprisonment, or to the diversion, rehabilitation, re-integration and
placement of a child in conflict with the law in a aftercare to ensure their normal growth and
public or private custodial setting, from which development.
the child in conflict with the law is not permitted
to leave at will by order of any judicial or (n) "Law Enforcement Officer" refers to the
administrative authority. person in authority or his/her agent as defined in
Article 152 of the Revised Penal Code,
(i) "Diversion" refers to an alternative, child- including a barangay tanod.
appropriate process of determining the
responsibility and treatment of a child in conflict (0) "Offense" refers to any act or omission
with the law on the basis of his/her social, whether punishable under special laws or the
cultural, economic, psychological or educational Revised Penal Code, as amended.
background without resorting to formal court
proceedings. (p) "Recognizance" refers to an undertaking in
lieu of a bond assumed by a parent or custodian
(j) "Diversion Program" refers to the program who shall be responsible for the appearance in
that the child in conflict with the law is required court of the child in conflict with the law, when
to undergo after he/she is found responsible for required.
an offense without resorting to formal court
proceedings. (q) "Restorative Justice" refers to a principle
which requires a process of resolving conflicts
(k) "Initial Contact With-the Child" refers to the with the maximum involvement of the victim,
apprehension or taking into custody of a child in the offender and the community. It seeks to
conflict with the law by law enforcement obtain reparation for the victim; reconciliation of
officers or private citizens. It includes the time the offender, the offended and the community;
when the child alleged to be in conflict with the and reassurance to the offender that he/she can
law receives a subpoena under Section 3(b) of be reintegrated into society. It also enhances
Rule 112 of the Revised Rules of Criminal public safety by activating the offender, the
Procedure or summons under Section 6(a) or victim and the community in prevention
Section 9(b) of the same Rule in cases that do strategies.
not require preliminary investigation or where
there is no necessity to place the child alleged to (r) "Status Offenses" refers to offenses which
be in conflict with the law under immediate discriminate only against a child, while an adult
custody. does not suffer any penalty for committing
similar acts. These shall include curfew
(I) "Intervention" refers to a series of activities violations; truancy, parental disobedience and
which are designed to address issues that caused the like.
the child to commit an offense. It may take the
form of an individualized treatment program (s) "Youth Detention Home" refers to a 24-hour
which may include counseling, skills training, child-caring institution managed by accredited
education, and other activities that will enhance local government units (LGUs) and licensed
and/or accredited nongovernment organizations

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(NGOs) providing short-term residential care for and in a manner which takes into account the
children in conflict with the law who are needs of a person of his/her age. In particular, a
awaiting court disposition of their cases or child deprived of liberty shall be separated from
transfer to other agencies or jurisdiction. adult offenders at all times. No child shall be
detained together with adult offenders. He/She
(t) "Youth Rehabilitation Center" refers to a 24- shall be conveyed separately to or from court.
hour residential care facility managed by the He/She shall await hearing of his/her own case
Department of Social Welfare and Development in a separate holding area. A child in conflict
(DSWD), LGUs, licensed and/or accredited with the law shall have the right to maintain
NGOs monitored by the DSWD, which provides contact with his/her family through
care, treatment and rehabilitation services for correspondence and visits, save in exceptional
children in conflict with the law. Rehabilitation circumstances;
services are provided under the guidance of a
trained staff where residents are cared for under (e) the right to prompt access to legal and other
a structured therapeutic environment with the appropriate assistance, as well as the right to
end view of reintegrating them into their challenge the legality of the deprivation of
families and communities as socially functioning his/her liberty before a court or other competent,
individuals. Physical mobility of residents of independent and impartial authority, and to a
said centers may be restricted pending court prompt decision on such action;
disposition of the charges against them.
(f) the right to bail and recognizance, in
(u) "Victimless Crimes" refers to offenses where appropriate cases;
there is no private offended party.
(g) the right to testify as a witness in hid/her
CHAPTER 2 own behalf under the rule on examination of a
child witness;
PRINCIPLES IN THE ADMINISTRATION
OF JUVENILE JUSTICE AND WELFARE (h) the right to have his/her privacy respected
fully at all stages of the proceedings;
SEC. 5. Rights of the Child in Conflict with the
Law. - Every child in conflict with the law shall (i) the right to diversion if he/she is qualified and
have the following rights, including but not voluntarily avails of the same;
limited to:
(j) the right to be imposed a judgment in
(a) the right not to be subjected to torture or proportion to the gravity of the offense where
other cruel, inhuman or degrading treatment or his/her best interest, the rights of the victim and
punishment; the needs of society are all taken into
consideration by the court, under the principle of
(b) the right not to be imposed a sentence of restorative justice;
capital punishment or life imprisonment, without
the possibility of release; (k) the right to have restrictions on his/her
personal liberty limited to the minimum, and
(c) the right not to be deprived, unlawfully or where discretion is given by law to the judge to
arbitrarily, of his/her liberty; detention or determine whether to impose fine or
imprisonment being a disposition of last resort, imprisonment, the imposition of fine being
and which shall be for the shortest appropriate preferred as the more appropriate penalty;
period of time;
(I) in general, the right to automatic suspension
(d) the right to be treated with humanity and of sentence;
respect, for the inherent dignity of the person,

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(m) the right to probation as an alternative to testimonies of other persons, the physical
imprisonment, if qualified under the Probation appearance of the child and other relevant
Law; evidence. In case of doubt as to the age of the
child, it shall be resolved in his/her favor.
(n) the right to be free from liability for perjury,
concealment or misrepresentation; and Any person contesting the age of the child in
conflict with the law prior to the filing of the
(o) other rights as provided for under existing information in any appropriate court may file a
laws, rules and regulations. case in a summary proceeding for the
determination of age before the Family Court
The State further adopts the provisions of the which shall decide the case within twenty-four
United Nations Standard Minimum Rules for the (24) hours from receipt of the appropriate
Administration of Juvenile Justice or "Beijing pleadings of all interested parties.
Rules", United Nations Guidelines for the
Prevention of Juvenile Delinquency or the If a case has been fiied against the child in
"Riyadh Guidelines", and the United Nations conflict with the law and is pending in the
Rules for the Protection of Juveniles Deprived of appropriate court, the person shall file a motion
Liberty. to determine the age of the child in the same
court where the case is pending. Pending hearing
SEC. 6. Minimum Age of Criminal on the said motion, proceedings on the main
Responsibility. - A child fifteen (15) years of case shall be suspended.
age or under at the time of the commission of
the offense shall be exempt from criminal In all proceedings, law enforcement officers,
liability. However, the child shall be subjected to prosecutors, judges and other government
an intervention program pursuant to Section 20 officials concerned shall exert all efforts at
of this Act. determining the age of the child in conflict with
the law.
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 TITLE II
child shall be subjected to the appropriate
proceedings in accordance with this Act. STRUCTURES IN THE
ADMINISTRATION OF JUVENILE
The exemption from criminal liability herein JUSTICE AND WELFARE
established does not include exemption from
civil liability, which shall be enforced in SEC. 8. Juvenile Justice and Welfare Council
accordance with existing laws. (JJWC). - A Juvenile Justice and Welfare
Council (JJWC) is hereby created and attached
SEC. 7. Determination ofAge. - The child in to the Department of Justice and placed under its
conflict with the law shall enjoy the presumption administrative supervision. The JJWC shall be
of minority. He/She shall enjoy all the rights of a chaired by an undersecretary of the Department
child in conflict with the law until he/she is of Social Welfare and Development. It shall
proven to be eighteen (18) years old or older. ensure the effective implementation of this Act
The age of a child may be determined from the and coordination among the following agencies:
child's birth certificate, baptismal certificate or
any other pertinent documents. In the absence of (a) Council for the Welfare of Children (CWC);
these documents, age may be based on
information from the child himself/herself, (b) Department of Education (DepEd);

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(c) Department of the Interior and Local other to be designated by the Secretary of Social
Government (DILG); Welfare and Development.

(d) Public Attorney's Office (PAO); The JJWC shall convene within fifteen (15) days
from the effectivity of this Act. The Secretary of
(e) Bureau of Corrections (BUCOR); Justice and the Secretary of Social Welfare and
Development shall determine the organizational
(f) Parole and Probation Administration (PPA) structure and staffing pattern of the JJWC.

(g) National Bureau of Investigation (NBI); The JJWC shall coordinate with the Office of
the Court Administrator and the Philippine
(h) Philippine National Police (PNP);. Judicial Academy to ensure the realization of its
mandate and the proper discharge of its duties
(i) Bureau of Jail Management and Penology and functions, as herein provided.
(BJMP);
SEC. 9. Duties and Functions of the JJWC. -
(i) Commission on Human Rights (CHR); The JJWC shall have the following duties and
functions:
(k) Technical Education and Skills Development
Authority (TESDA); (a) To oversee the implementation of this Act;

(l) National Youth Commission (NYC); and (b) To advise the President on all matters and
policies relating to juvenile justice and welfare;
(m) Other institutions focused on juvenile justice
and intervention programs. (c) To assist the concerned agencies in the
review and redrafting of existing
policies/regulations or in the formulation of new
The JJWC shall be composed of representatives,
ones in line with the provisions of this Act;
whose ranks shall not be lower than director, to
be designated by the concerned heads of the
following departments or agencies: (d) To periodically develop a comprehensive 3
to 5-year national juvenile intervention program,
with the participation of government agencies
(a) Department of Justice (DOJ);
concerned, NGOs and youth organizations;
(b) Department of Social Welfare and
(e) To coordinate the implementation of the
Development (DSWD);
juvenile intervention programs and activities by
national government agencies and other
(c) Council for the Welfare of Children (CWC) activities which may have an important bearing
on the success of the entire national juvenile
(d) Department of Education (DepEd); intervention program. All programs relating to
juvenile justice and welfare shall be adopted in
(e) Department of the Interior and Local consultation with the JJWC;
Government (DILG)
(f) To formulate and recommend policies and
(f) Commission on Human Rights (CHR); strategies in consultation with children for the
prevention of juvenile delinquency and the
(g) National Youth Commission (NYC); and administration of justice, as well as for the
treatment and rehabilitation of the children in
(h) Two (2) representatives from NGOs, one to conflict with the law;
be designated by the Secretary of Justice and the

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(g) To collect relevant information and conduct assistance of the JJWC and within one (1) year
continuing research and support evaluations and from the effectivity of this Act, draft policies
studies on all matters relating to juvenile justice and procedures consistent with the standards set
and welfare, such as but not limited to: in the law. These policies and procedures shall
be modified accordingly in consultation with the
(1) the performance and results achieved by JJWC upon the completion of the national
juvenile intervention programs and by activities juvenile intervention program as provided under
of the local government units and other Section 9 (d).
government agencies;
SEC. 11. Child Rights Center (CRC). - The
(2) the periodic trends, problems and causes of existing Child Rights Center of the Commission
juvenile delinquency and crimes; and on Human Rights shall ensure that the status,
rights and interests of children are upheld in
(3) the particular needs of children in conflict accordance with the Constitution and
with the law in custody. international instruments on human rights. The
CHR shall strengthen the monitoring of
The data gathered shall be used by the JJWC in government compliance of all treaty obligations,
the improvement of the administration of including the timely and regular submission of
juvenile justice and welfare system. reports before the treaty bodies, as well as the
implementation and dissemination of
The JJWC shall set up a mechanism to ensure recommendations and conclusions by
that children are involved in research and policy government agencies as well as NGOs and civil
development. society.

(h) Through duly designated persons and with

the assistance of the agencies provided in the TITLE III
preceding section, to conduct regular inspections
in detention and rehabilitation facilities and to PREVENTION OF JUVENILE
undertake spot inspections on their own DELINQUENCY
initiative in order to check compliance with the
standards provided herein and to make the CHAPTER 1
necessary recommendations to appropriate
agencies; THE ROLE OF THE DIFFERENT
SECTORS
(i) To initiate and coordinate the conduct of
trainings for the personnel of the agencies SEC. 12. The Family. - The family shall be
involved in the administration of the juvenile responsible for the primary nurturing and rearing
justice and welfare system and the juvenile of children which is critical in delinquency
intervention program; prevention. As far as practicable and in
accordance with the procedures of this Act, a
(j) To submit an annual report to the President child in conflict with the law shall be maintained
on the implementation of this Act; and in his/her family.

(k) To perform such other functions as may be SEC. 13. The Educational System. -
necessary to implement the provisions of this Educational institutions shall work together with
Act. families, community organizations and agencies
in the prevention of juvenile delinquency and in
SEC. 10. Policies and Procedures on Juvenile the rehabilitation and reintegration of child in
Justice and Welfare. - All government agencies conflict with the law. Schools shall provide
enumerated in Section 8 shall, with the adequate, necessary and individualized

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educational schemes for children manifesting Provided, That the disbursement of the fund
difficult behavior and children in conflict with shall be made by the LGU concerned.
the law. In cases where children in conflict with
the law are taken into custody or detained in SEC. 16. Appointment of Local Social Welfare
rehabilitation centers, they should be provided and Development Officer. - All LGUs shall
the opportunity to continue learning under an appoint a duly licensed social worker as its local
alternative learning system with basic literacy social welfare and development officer tasked to
program or non- formal education accreditation assist children in conflict with the law.
equivalency system.
SEC. 17. The Sangguniang Kabataan. - The
SEC. 14. The Role of the Mass Media. - The Sangguniang Kabataan (SK) shall coordinate
mass media shall play an active role in the with the LCPC in the formulation and
promotion of child rights, and delinquency implementation of juvenile intervention and
prevention by relaying consistent messages diversion programs in the community.
through a balanced approach. Media
practitioners shall, therefore, have the duty to CHAPTER 2
maintain the highest critical and professional COMPREHENSIVE JUVENILE
standards in reporting and covering cases of INTERVENTION PROGRAM
children in conflict with the law. In all publicity
concerning children, the best interest of the child SEC. 18. Development of a Comprehensive
should be the primordial and paramount Juvenile Intervention Program. - A
concern. Any undue, inappropriate and Comprehensive juvenile intervention program
sensationalized publicity of any case involving a covering at least a 3-year period shall be
child in conflict with the law is hereby declared instituted in LGUs from the barangay to the
a violation of the child's rights. provincial level.

SEC. 15. Establishment and Strengthening of The LGUs shall set aside an amount necessary
Local Councils for the Protection of Children. - to implement their respective juvenile
Local Councils for the Protection of Children intervention programs in their annual budget.
(LCPC) shall be established in all levels of local
government, and where they have already been The LGUs, in coordination with the LCPC, shall
established, they shall be strengthened within call on all sectors concerned, particularly the
one (1) year from the effectivity of this Act. child-focused institutions, NGOs, people's
Membership in the LCPC shall be chosen from organizations, educational institutions and
among the responsible members of the government agencies involved in delinquency
community, including a representative from the prevention to participate in the planning process
youth sector, as well as representatives from and implementation of juvenile intervention
government and private agencies concerned with programs. Such programs shall be implemented
the welfare of children. consistent with the national program formulated
and designed by the JJWC. The implementation
The local council shall serve as the primary of the comprehensive juvenile intervention
agency to coordinate with and assist the LGU program shall be reviewed and assessed
concerned for the adoption of a comprehensive annually by the LGUs in coordination with the
plan on delinquency prevention, and to oversee LCPC. Results of the assessment shall be
its proper implementation. submitted by the provincial and city
governments to the JJWC not later than March
One percent (1%) of the internal revenue 30 of every year.
allotment of barangays, municipalities and cities
shall be allocated for the strengthening and SEC. 19. Community-based Programs on
implementation of the programs of the LCPC: Juvenile Justice and Welfare. - Community-

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based programs on juvenile justice and welfare development officer; or when and where
shall be instituted by the LGUs through the appropriate, the DSWD. If the child referred to
LCPC, school, youth organizations and other herein has been found by the Local Social
concerned agencies. The LGUs shall provide Welfare and Development Office to be
community-based services which respond to the abandoned, neglected or abused by his parents,
special needs, problems, interests and concerns or in the event that the parents will not comply
of children and which offer appropriate with the prevention program, the proper petition
counseling and guidance to them and their for involuntary commitment shall be filed by the
families. These programs shall consist of three DSWD or the Local Social Welfare and
levels: Development Office pursuant to Presidential
Decree No. 603, otherwise ,known as "The
(a) Primary intervention includes general Child and Youth Welfare Code".
measures to promote social justice and equal
opportunity, which tackle perceived root causes TITLE V
of offending;
JUVENILE JUSTICE AND WELFARE
(b) Secondary intervention includes measures to SYSTEM
assist children at risk; and
CHAPTER I
(c) Tertiary intervention includes measures to
avoid unnecessary contact with the formal INITIAL CONTACT WITH THE CHILD
justice system and other measures to prevent re-
offending. SEC. 21. Procedure for Taking the Child into
Custody. - From the moment a child is taken
TITLE IV into custody, the law enforcement officer shall:

TREATMENT OF CHILDREN BELOW (a) Explain to the child in simple language and
THE AGE OF CRIMINAL in a dialect that he/she can understand why
RESPONSIBILITY he/she is being placed under custody and the
offense that he/she allegedly committed;
SEC. 20. Children Below the Age of Criminal
Responsibility. - If it has been determined that (b) Inform the child of the reason for such
the child taken into custody is fifteen (15) years custody and advise the child of his/her
old or below, the authority which will have an constitutional rights in a language or dialect
initial contact with the child has the duty to understood by him/her;
immediately release the child to the custody of
his/her parents or guardian, or in the absence (e) Properly identify himself/herself and present
thereof, the child's nearest relative. Said proper identification to the child;
authority shall give notice to the local social
welfare and development officer who will (d) Refrain from using vulgar or profane words
determine the appropriate programs in and from sexually harassing or abusing, or
consultation with the child and to the person making sexual advances on the child in conflict
having custody over the child. If the parents, with the law;
guardians or nearest relatives cannot be located,
or if they refuse to take custody, the child may (e) Avoid displaying or using any firearm,
be released to any of the following: a duly weapon, handcuffs or other instruments of force
registered nongovernmental or religious or restraint, unless absolutely necessary and only
organization; a barangay official or a member of after all other methods of control have been
the Barangay Council for the Protection of exhausted and have failed;
Children (BCPC); a local social welfare and

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(f) Refrain from subjecting the child in conflict (m) Ensure that all statements signed by the
with the law to greater restraint than is necessary child during investigation shall be witnessed by
for his/her apprehension; the child's parents or guardian, social worker, or
legal counsel in attendance who shall affix
(g) Avoid violence or unnecessary force; his/her signature to the said statement.

(h) Determine the age of the child pursuant to A child in conflict with the law shall only be
Section 7 of this Act; searched by a law enforcement officer of the
same gender and shall not be locked up in a
(i) Immediately but not later than eight (8) hours detention cell.
after apprehension, turn over custody of the
child to the Social Welfare and Development SEC. 22. Duties During Initial Investigation. -
Office or other accredited NGOs, and notify the The law enforcement officer shall, in his/her
child's apprehension. The social welfare and investigation, determine where the case
development officer shall explain to the child involving the child in conflict with the law
and the child's parents/guardians the should be referred.
consequences of the child's act with a view
towards counseling and rehabilitation, diversion The taking of the statement of the child shall be
from the criminal justice system, and reparation, conducted in the presence of the following: (1)
if appropriate; child's counsel of choice or in the absence
thereof, a lawyer from the Public Attorney's
(j) Take the child immediately to the proper Office; (2) the child's parents, guardian, or
medical and health officer for a thorough nearest relative, as the case may be; and (3) the
physical and mental examination. The local social welfare and development officer. In
examination results shall be kept confidential the absence of the child's parents, guardian, or
unless otherwise ordered by the Family Court. nearest relative, and the local social welfare and
Whenever the medical treatment is required, development officer, the investigation shall be
steps shall be immediately undertaken to provide conducted in the presence of a representative of
the same; an NGO, religious group, or member of the
BCPC.
(k) Ensure that should detention of the child in
conflict with the law be necessary, the child After the initial investigation, the local social
shall be secured in quarters separate from that of worker conducting the same may do either of the
the opposite sex and adult offenders; following:

(l) Record the following in the initial (a) Proceed in accordance with Section 20 if the
investigation: child is fifteen (15) years or below or above
fifteen (15) but below eighteen (18) years old,
1. Whether handcuffs or other instruments of who acted without discernment; and
restraint were used, and if so, the reason for
such; (b) If the child is above fifteen (15) years old but
below eighteen (18) and who acted with
2. That the parents or guardian of a child, the discernment, proceed to diversion under the
DSWD, and the PA0 have been informed of the following chapter.
apprehension and the details thereof; and
CHAPTER 2
3. The exhaustion of measures to determine the DIVERSION
age of a child and the precise details of the
physical and medical examination or the failure SEC. 23. System of Diversion. - Children in
to submit a child to such examination; and conflict with the law shall undergo diversion

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programs without undergoing court proceedings act, a diversion program shall be developed
subject to the conditions herein provided: when appropriate and desirable as determined
under Section 30. Such admission shall not be
(a) Where the imposable penalty for the crime used against the child in any subsequent judicial,
committee is not more than six (6) years quasi-judicial or administrative proceedings. The
imprisonment, the law enforcement officer or diversion program shall be effective and binding
Punong Barangay with the assistance of the local if accepted by the parties concerned. The
social welfare and development officer or other acceptance shall be in writing and signed by the
members of the LCPC shall conduct mediation, parties concerned and the appropriate
family conferencing and conciliation and, where authorities. The local social welfare and
appropriate, adopt indigenous modes of conflict development officer shall supervise the
resolution in accordance with the best interest of implementation of the diversion program. The
the child with a view to accomplishing the diversion proceedings shall be completed within
objectives of restorative justice and the forty-five (45) days. The period of prescription
formulation of a diversion program. The child of the offense shall be suspended until the
and his/her family shall be present in these completion of the diversion proceedings but not
activities. to exceed forty-five (45) days.

(b) In victimless crimes where the imposable The child shall present himself/herself to the
penalty is not more than six (6) years competent authorities that imposed the diversion
imprisonment, the local social welfare and program at least once a month for reporting and
development officer shall meet with the child evaluation of the effectiveness of the program.
and his/her parents or guardians for the
development of the appropriate diversion and Failure to comply with the terms and conditions
rehabilitation program, in coordination with the of the contract of diversion, as certified by the
BCPC; local social welfare and development officer,
shall give the offended party the option to
(c) Where the imposable penalty for the crime institute the appropriate legal action.
committed exceeds six (6) years imprisonment,
diversion measures may be resorted to only by The period of prescription of the offense shall be
the court. suspended during the effectivity of the diversion
program, but not exceeding a period of two (2)
SEC. 24. Stages Where Diversion May be years.
Conducted. - Diversion may be conducted at the
Katarungang Pambarangay, the police SEC. 27. Duty of the Punong Barangay When
investigation or the inquest or preliminary There is No Diversion. - If the offense does not
investigation stage and at all 1evels and phases fall under Section 23(a) and (b), or if the child,
of the proceedings including judicial level. his/her parents or guardian does not consent to a
diversion, the Punong Barangay handling the
SEC. 25. Conferencing, Mediation and case shall, within three (3) days from
Conciliation. - A child in conflict with law may determination of the absence of jurisdiction over
undergo conferencing, mediation or conciliation the case or termination of the diversion
outside the criminal justice system or prior to his proceedings, as the case may be, forward the
entry into said system. A contract of diversion records of the case of the child to the law
may be entered into during such conferencing, enforcement officer, prosecutor or the
mediation or conciliation proceedings. appropriate court, as the case may be. Upon the
issuance of the corresponding document,
SEC. 26. Contract of Diversion. - If during the certifying to the fact that no agreement has been
conferencing, mediation or conciliation, the reached by the parties, the case shall be filed
child voluntarily admits the commission of the according to the regular process.

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SEC. 28. Duty of the Law Enforcement Officer (a) The child's feelings of remorse for the
When There is No Diversion. - If the offense offense he/she committed;
does not fall under Section 23(a) and (b), or if
the child, his/her parents or guardian does not (b) The parents' or legal guardians' ability to
consent to a diversion, the Women and Children guide and supervise the child;
Protection Desk of the PNP, or other law
enforcement officer handling the case of the (c) The victim's view about the propriety of the
child under custody, to the prosecutor or judge measures to be imposed; and
concerned for the conduct of inquest and/or
preliminary investigation to determine whether (d) The availability of community-based
or not the child should remain under custody and programs for rehabilitation and reintegration of
correspondingly charged in court. The document the child.
transmitting said records shall display the word
"CHILD" in bold letters. SEC. 31. Kinds of Diversion Programs. - The
diversion program shall include adequate socio-
SEC. 29. Factors in Determining Diversion cultural and psychological responses and
Program. - In determining whether diversion is services for the child. At the different stages
appropriate and desirable, the following factors where diversion may be resorted to, the
shall be taken into consideration: following diversion programs may be agreed
upon, such as, but not limited to:
(a) The nature and circumstances of the offense
charged; (a) At the level of the Punong Barangay:

(b) The frequency and the severity of the act; (1) Restitution of property;

(c) The circumstances of the child (e.g. age, (2) Reparation of the damage caused;
maturity, intelligence, etc.);
(3) Indemnification for consequential damages;
(d) The influence of the family and environment
on the growth of the child; (4) Written or oral apology;
(e) The reparation of injury to the victim; (5) Care, guidance and supervision orders;
(f) The weight of the evidence against the child; (6) Counseling for the child in conflict with the
law and the child's family;
(g) The safety of the community; and
(7)Attendance in trainings, seminars and lectures
(h) The best interest of the child. on:

SEC. 30. Formulation of the Diversion (i) anger management skills;

Program. - In formulating a diversion program,
the individual characteristics and the peculiar (ii) problem solving and/or conflict resolution
circumstances of the child in conflict with the skills;
law shall be used to formulate an individualized
treatment.
(iii) values formation; and
The following factors shall be considered in
(iv) other skills which will aid the child in
formulating a diversion program for the child:
dealing with situations which can lead to
repetition of the offense;

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(8) Participation in available community-based prosecutor determines that diversion is not
programs, including community service; or appropriate for the child in conflict with the law.

(9) Participation in education, vocation and life Upon serving the subpoena and the affidavit of
skills programs. complaint, the prosecutor shall notify the Public
Attorney's Office of such service, as well as the
(b) At the level of the law enforcement officer personal information, and place of detention of
and the prosecutor: the child in conflict with the law.

(1) Diversion programs specified under Upon determination of probable cause by the
paragraphs (a)(1) to (a)(9) herein; and prosecutor, the information against the child
shall be filed before the Family Court within
(2) Confiscation and forfeiture of the proceeds forty-five (45) days from the start of the
or instruments of the crime; preliminary investigation.

(c) At the level of the appropriate court: CHAPTER 4

COURT PROCEEDINGS
(1) Diversion programs specified under
paragraphs(a)and (b) above; SEC. 34. Bail. - For purposes of recommending
the amount of bail, the privileged mitigating
(2) Written or oral reprimand or citation; circumstance of minority shall be considered.

(3) Fine: SEC. 35. Release on Recognizance. - Where a

child is detained, the court shall order:
(4) Payment of the cost of the proceedings; or
(a) the release of the minor on recognizance to
(5) Institutional care and custody. his/her parents and other suitable person;

(b) the release of the child in conflict with the

CHAPTER 3
law on bail; or
PROSECUTION

SEC. 32. Duty of the Prosecutor's Office. - (c) the transfer of the minor to a youth detention
There shall be a specially trained prosecutor to home/youth rehabilitation center.
conduct inquest, preliminary investigation and
prosecution of cases involving a child in conflict The court shall not order the detention of a child
with the law. If there is an allegation of torture in a jail pending trial or hearing of his/her case.
or ill-treatment of a child in conflict with the law
during arrest or detention, it shall be the duty of SEC. 36. Detention of the Child Pending
the prosecutor to investigate the same. Trial. - Children detained pending trial may be
released on bail or recognizance as provided for
SEC. 33. Preliminary Investigation and Filing under Sections 34 and 35 under this Act. In all
of Information. - The prosecutor shall conduct a other cases and whenever possible, detention
preliminary investigation in the following pending trial may be replaced by alternative
instances: (a) when the child in conflict with the measures, such as close supervision, intensive
law does not qualify for diversion: (b) when the care or placement with a family or in an
child, his/her parents or guardian does not agree educational setting or home. Institutionalization
to diversion as specified in Sections 27 and 28; or detention of the child pending trial shall be
and (c) when considering the assessment and used only as a measure of last resort and for the
recommendation of the social worker, the shortest possible period of time.

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Whenever detention is necessary, a child will social worker who has custody of the child, the
always be detained in youth detention homes court shall dismiss the case against the child
established by local governments, pursuant to whose sentence has been suspended and against
Section 8 of the Family Courts Act, in the city or whom disposition measures have been issued,
municipality where the child resides. and shall order the final discharge of the child if
it finds that the objective of the disposition
In the absence of a youth detention home, the measures have been fulfilled.
child in conflict with the law may be committed
to the care of the DSWD or a local rehabilitation The discharge of the child in conflict with the
center recognized by the government in the law shall not affect the civil liability resulting
province, city or municipality within the from the commission of the offense, which shall
jurisdiction of the court. The center or agency be enforced in accordance with law.
concerned shall be responsible for the child's
appearance in court whenever required. SEC. 40. Return of the Child in Conflict with
the Law to Court. - If the court finds that the
SEC. 37. Diversion Measures. - Where the objective of the disposition measures imposed
maximum penalty imposed by law for the upon the child in conflict with the law have not
offense with which the child in conflict with the been fulfilled, or if the child in conflict with the
law is charged is imprisonment of not more than law has willfully failed to comply with the
twelve (12) years, regardless of the fine or fine conditions of his/her disposition or rehabilitation
alone regardless of the amount, and before program, the child in conflict with the law shall
arraignment of the child in conflict with the law, be brought before the court for execution of
the court shall determine whether or not judgment.
diversion is appropriate.
If said child in conflict with the law has reached
SEC. 38. Automatic Suspension of Sentence. - eighteen (18) years of age while under
Once the child who is under eighteen (18) years suspended sentence, the court shall determine
of age at the time of the commission of the whether to discharge the child in accordance
offense is found guilty of the offense charged, with this Act, to order execution of sentence, or
the court shall determine and ascertain any civil to extend the suspended sentence for a certain
liability which may have resulted from the specified period or until the child reaches the
offense committed. However, instead of maximum age of twenty-one (21) years.
pronouncing the judgment of conviction, the
court shall place the child in conflict with the SEC. 41. Credit in Service of Sentence. - The
law under suspended sentence, without need of child in conflict with the law shall be credited in
application: Provided, however, That suspension the services of his/her sentence with the full time
of sentence shall still be applied even if the spent in actual commitment and detention under
juvenile is already eighteen years (18) of age or this Act.
more at the time of the pronouncement of his/her
guilt. SEC. 42. Probation as an Alternative to
Imprisonment. - The court may, after it shall
Upon suspension of sentence and after have convicted and sentenced a child in conflict
considering the various chcumstances of the with the law, and upon application at any time,
child, the court shall impose the appropriate place the child on probation in lieu of service of
disposition measures as provided in the Supreme his/her sentence taking into account the best
Court Rule on Juveniles in Conflict with the interest of the child. For this purpose, Section 4
Law. of Presidential Decree No. 968, otherwise
known as the "Probation Law of 1976", is
SEC. 39. Discharge of the Child in Conflict hereby amended accordingly.
with the Law. - Upon the recommendation of the

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CHAPTER 5 approaches and strategies that will enable them
CONFIDENTIALITY OF RECORDS AND to improve their social functioning with the end
PROCEEDINGS goal of reintegration to their families and as
productive members of their communities.
SEC. 43. Confidentiality of Records and
Proceedings. - All records and proceedings SEC. 45. Court Order Required. - No child
involving children in conflict with the law from shall be received in any rehabilitation or training
initial contact until final disposition of the case facility without a valid order issued by the court
shall be considered privileged and confidential. after a hearing for the purpose. The details of
The public shall be excluded during the this order shall be immediately entered in a
proceedings and the records shall not be register exclusively for children in conflict with
disclosed directly or indirectly to anyone by any the law. No child shall be admitted in any
of the parties or the participants in the facility where there is no such register.
proceedings for any purpose whatsoever, except
to determine if the child in conflict with the law SEC. 46, Separate Facilities from Adults. - In
may have his/hes sentence suspended or if all rehabilitation or training facilities, it shall be
he/she may be granted probation under the mandatory that children shall be separated from
Probation Law, or to enforce the civil liability adults unless they are members of the same
imposed in the criminal action. family. Under no other circumstance shall a
child in conflict with the law be placed in the
The component authorities shall undertake all same confinement as adults.
measures to protect this confidentiality of
proceedings, including non-disclosure of records The rehabilitation, training or confinement area
to the media, maintaining a separate police of children in conflict with the law shall provide
blotter for cases involving children in conflict a home environment where children in conflict
with the law and adopting a system of coding to with the law can be provided with quality
conceal material information which will lead to counseling and treatment.
the child's identity. Records of a child in conflict
with the law shall not be used in subsequent SEC. 47. Female Children. - Female children in
proceedings for cases involving the same conflict with the law placed in an institution
offender as an adult, except when beneficial for shall be given special attention as to their
the offender and upon his/her written consent. personal needs and problems. They shall be
handled by female doctors, correction officers
A person who has been in conflict with the law and social workers, and shall be accommodated
as a child shall not be held under any provision separately from male children in conflict with
of law, to be guilty of perjury or of concealment the law.
or misrepresentation by reason of his/her failure
to acknowledge the case or recite any fact SEC. 48. Gender-Sensitivity Training. - No
related thereto in response to any inquiry made personnel of rehabilitation and training facilities
to him/her for any purpose. shall handle children in conflict with the law
without having undergone gender sensitivity
TITLE VI training.

REHABILITATION AND SEC. 49. Establishment of Youth Detention

REINTEGRATION Homes. - The LGUs shall set aside an amount to
build youth detention homes as mandated by the
SEC. 44. Objective of Rehabilitation and Family Courts Act. Youth detention homes may
Reintegration. - The objective of rehabilitation also be established by private and NGOs
and reintegration of children in conflict with the licensed and accredited by the DSWD, in
law is to provide them with interventions, consultation with the JJWC.

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SEC. 50. Care and Maintenance of the Child provided in the Supreme Court Rule on
in Conflict with the Law. - The expenses for the Juveniles in Conflict with the Law.
care and maintenance of a child in conflict with
the law under institutional care shall be borne by If the community-based rehabilitation is availed
his/her parents or those persons liable to support of by a child in conflict with the law, he/she
him/her: Provided, That in case his/her parents shall be released to parents, guardians, relatives
or those persons liable to support him/her cannot or any other responsible person in the
pay all or part of said expenses, the municipality community. Under the supervision and guidance
where the offense was committed shall pay one- of the local social welfare and development
third (1/3) of said expenses or part thereof; the officer, and in coordination with his/her
province to which the municipality belongs shall parents/guardian, the child in conflict with the
pay one-third (1/3) and the remaining one-third law shall participate in community-based
(1/3) shall be borne by the national government. programs, which shall include, but not limited
Chartered cities shall pay two-thirds (2/3) of said to:
expenses; and in case a chartered city cannot pay
said expenses, part of the internal revenue (1) Competency and life skills development;
allotments applicable to the unpaid portion shall
be withheld and applied to the settlement of said (2) Socio-cultural and recreational activities;
obligations: Provided, further, That in the event
that the child in conflict with the law is not a (3) Community volunteer projects;
resident of the municipality/city where the
offense was committed, the court, upon its
(4) Leadership training;
determination, may require the city/municipality
where the child in conflict with the law resides
to shoulder the cost. (5) Social services;

All city and provincial governments must exert (6) Homelife services;
effort for the immediate establishment of local
detention homes for children in conflict with the (7) Health services; .
law.
(8) Spiritual enrichment; and
SEC. 51. Confinement of Convicted Children
in Agricultural Camps and other Training (9) Community and family welfare services.
Facilities. - A child
In accordance therewith, the family of the child
in conflict with the law may, after conviction in conflict with the law shall endeavor to
and upon order of the court, be made to serve actively participate in the community-based
his/her sentence, in lieu of confinement in a rehabilitation.
regular penal institution, in an agricultural camp
and other training facilities that may be Based on the progress of the youth in the
established, maintained, supervised and community, a final report will be forwarded by
controlled by the BUCOR, in coordination with the local social welfare and development officer
the DSWD. to the court for final disposition of the case.

SEC. 52. Rehabilitation of Children in Conflict If the community-based programs are provided
with the Law. - Children in conflict with the as diversion measures under Chapter II, Title V,
law, whose sentences are suspended may, upon the programs enumerated above shall be made
order of the court, undergo any or a combination available to the child in conflict with the law.
of disposition measures best suited to the
rehabilitation and welfare of the child as

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SEC. 53. Youth Rehabilitation Center. - The child-centered agencies whether public or
youth rehabilitation center shall provide 24-hour private.
group care, treatment and rehabilitation services
under the guidance of a trained staff where SEC. 56. After-Care Support Services for
residents are cared for under a structured Children in Conflict with the Law. - Children in
therapeutic environment with the end view of conflict with the law whose cases have been
reintegrating them in their families and dismissed by the proper court because of good
communities as socially functioning individuals. behavior as per recommendation of the DSWD
A quarterly report shall be submitted by the social worker and/or any accredited NGO youth
center to the proper court on the progress of the rehabilitation center shall be provided after-care
children in conflict with the law. Based on the services by the local social welfare and
progress of the youth in the center, a final report development officer for a period of at least six
will be forwarded to the court for final (6) months. The service includes counseling and
disposition of the case. The DSWD shall other community-based services designed to
establish youth rehabilitation centers in each facilitate social reintegration, prevent re-
region of the country. offending and make the children productive
members of the community.
SEC. 54. Objectives of Community Based
Programs. - The objectives of community-based TITLE VII
programs are as follows:
GENERAL PROVISIONS
(a) Prevent disruption in the education or means
of livelihood of the child in conflict with the law CHAPTER 1
in case he/she is studying, working or attending EXEMPTING PROVISIONS
vocational learning institutions;
SEC. 57. Status Offenees. - Any conduct not
(b) Prevent separation of the child in conflict considered an offense or not penalized if
with the law from his/her parents/guardians to committed by an adult shall not be considered an
maintain the support system fostered by their offense and shall not be punished if committed
relationship and to create greater awareness of by a child.
their mutual and reciprocal responsibilities;
SEC. 58. Offenses Not Applicable to
(c) Facilitate the rehabilitation and Children. - Persons below eighteen (18) years of
mainstreaming of the child in conflict with the age shall be exempt from prosecution for the
law and encourage community support and crime of vagrancy and prostitution under Section
involvement; and 202 of the Revised Penal Code, of mendicancy
under Presidential Decree No. 1563, and sniffing
(d) Minimize the stigma that attaches to the of rugby under Presidential Decree No. 1619,
child in conflict with the law by preventing jail such prosecution being inconsistent with the
detention. United Nations Convention on the Rights of the
Child: Provided, That said persons shall undergo
SEC. 55. Criteria of Community-Based appropriate counseling and treatment program.
Programs. - Every LGU shall establish
community-based programs that will focus on SEC. 59. Exemption from the Application of
the rehabilitation and reintegration of the child. Death Penalty. - The provisions of the Revised
All programs shall meet the criteria to be Penal Code, as amended, Republic Act No.
established by the JJWC which shall take into 9165, otherwise known as the Comprehensive
account the purpose of the program, the need for Dangerous Drugs Act of 2002, and other special
the consent of the child and his/her parents or laws notwithstanding, no death penalty shall be
legal guardians, and the participation of the imposed upon children in conflict with the law.

Page | 152
CHAPTER 2 accordance thereof shall, upon conviction for
PROHIBITED ACTS each act or omission, be punished by a fine of
not less than Twenty thousand pesos
SEC. 60. Prohibition Against Labeling and (P20,000.00) but not more than Fifty thousand
Shaming. - In the conduct of the proceedings pesos (P50,000.00) or suffer imprisonment of
beginning from the initial contact with the child, not less than eight (8) years but not more than
the competent authorities must refrain from ten (10) years, or both such fine and
branding or labeling children as young imprisonment at the discretion of the court,
criminals, juvenile delinquents, prostitutes or unless a higher penalty is provided for in the
attaching to them in any manner any other Revised Penal Code or special laws. If the
derogatory names. Likewise, no discriminatory offender is a public officer or employee, he/she
remarks and practices shall be allowed shall, in addition to such fine and/or
particularly with respect to the child's class or imprisonment, be held administratively liable
ethnic origin. and shall suffer the penalty of perpetual absolute
disqualification.
SEC. 61. Other Prohibited Acts. - The
following and any other similar acts shall be CHAPTER 4
considered prejudicial and detrimental to the APPROPRIATION PROVISION
psychological, emotional, social, spiritual, moral
and physical health and well-being of the child SEC. 63. Appropriations. - The amount
in conflict with the law and therefore, necessary to carry out the initial implementation
prohibited: of this Act shall be charged to the Office of the
President. Thereafter, such sums as may be
(a) Employment of threats of whatever kind and necessary for the continued implementation of
nature; this Act shall be included in the succeeding
General Appropriations Act.
(b) Employment of abusive, coercive and
punitive measures such as cursing, beating, An initial amount of Fifty million pesos
stripping, and solitary confinement; (P50,000,000.00) for the purpose of setting up
the JJWC shall be taken from the proceeds of the
(c) Employment of degrading, inhuman end Philippine Charity Sweepstakes Office.
cruel forms of punishment such as shaving the
heads, pouring irritating, corrosive or harmful TITLE VIII
substances over the body of the child in conflict TRANSITORY PROVISIONS
with the law, or forcing him/her to walk around
the community wearing signs which embarrass, SEC. 64. Children in Conflict with the Law
humiliate, and degrade his/her personality and Fifteen (15) Years Old and Below. - Upon
dignity; and effectivity of this Act, cases of children fifteen
(15) years old and below at the time of the
(d) Compelling the child to perform involuntary commission of the crime shall immediately be
servitude in any and all forms under any and all dismissed and the child shall be referred to the
instances. appropriate local social welfare and
development officer. Such officer, upon
CHAPTER 3 thorough assessment of the child, shall
PENAL PROVISION determine whether to release the child to the
custody of his/her parents, or refer the child to
SEC. 62. Violation of the Provisions of this Act prevention programs as provided under this Act.
or Rules or Regulations in General. - Any Those with suspended sentences and undergoing
person who violates any provision of this Act or rehabilitation at the youth rehabilitation center
any rule or regulation promulgated in

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shall likewise be released, unless it is contrary to dispositions provided under this Act and their
the best interest of the child. sentences shall be adjusted accordingly. They
shall be immediately released if they are so
SEC. 65. Children Detained Pending Dial. - If qualified under this Act or other applicable law.
the child is detained pending trial, the Family
Court shall also determine whether or not TITLE IX
continued detention is necessary and, if not,
determine appropriate alternatives for detention. FINAL PROVISIONS

If detention is necessary and he/she is detained SEC. 69. Rule Making Power. - The JJWC
with adults, the court shall immediately order shall issue the IRRs for the implementation of
the transfer of the child to a youth detention the provisions of this act within ninety (90) days
home. from the effectivity thereof.

SEC. 66. Inventory of "Locked-up" and SEC. 70. Separability Clause. - If, for any
Detained Children in Conflict with the Law. - reason, any section or provision of this Act is
The PNP, the BJMP and the BUCOR are hereby declared unconstitutional or invalid by the
directed to submit to the JJWC, within ninety Supreme Court, the other sections or provisions
(90) days from the effectivity of this Act, an hereof not dfected by such declaration shall
inventory of all children in conflict with the law remain in force and effect.
under their custody.
SEC. 71. Repealing Clause. - All existing laws,
SEC. 67. Children Who Reach the Age of orders, decrees, rules and regulations or parts
Eighteen (18) Years Pending Diversion and thereof inconsistent with the provisions of this
Court Proceedings. - If a child reaches the age Act are hereby repealed or modified
of eighteen (18) years pending diversion and accordingly.
court proceedings, the appropriate diversion
authority in consultation with the local social SEC. 72. Effectivity. - This Act shall take effect
welfare and development officer or the Family after fifteen (15) days from its publication in at
Court in consultation with the Social Services least two (2) national newspapers of general
and Counseling Division (SSCD) of the circulation.
Supreme Court, as the case may be, shall
determine the appropriate disposition. In case
the appropriate court executes the judgment of
conviction, and unless the child in conflict the
law has already availed of probation under
Presidential Decree No. 603 or other similar
REPUBLIC ACT NO. 10630
laws, the child may apply for probation if
qualified under the provisions of the Probation
Law. AN ACT STRENGTHENING THE
JUVENILE JUSTICE SYSTEM IN THE
PHILIPPINES, AMENDING FOR THE
SEC. 68. Children Who Have Been Convicted
PURPOSE REPUBLIC ACT NO. 9344,
and are Serving Sentence. - Persons who have
OTHERWISE KNOWN AS THE
been convicted and are serving sentence at the
"JUVENILE JUSTICE AND WELFARE
time of the effectivity of this Act, and who were
ACT OF 2006" AND APPROPRIATING
below the age of eighteen (18) years at the time
FUNDS THEREFOR
the commission of the offense for which they
were convicted and are serving sentence, shall
likewise benefit from the retroactive application Be it enacted by the Senate and House of
of this Act. They shall be entitled to appropriate Representatives of the Philippines in Congress
assembled:

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Section 1. The Title of Republic Act No. 9344 is "SEC. 6. Minimum Age of Criminal
hereby amended to read as follows: "An Act Responsibility. A child fifteen (15) years of
Establishing a Comprehensive Juvenile Justice age or under at the time of the commission of
and Welfare System, Creating the Juvenile the offense shall be exempt from criminal
justice and Welfare Council under the liability. However, the child shall be subjected to
Department of Social Welfare and Development, an intervention program pursuant to Section 20
Appropriating Funds Therefor, and for Other of this Act.
Purposes."
"A child is deemed to be fifteen (15) years of
Section 2. Section 4 of Republic Act No. 9344 age on the day of the fifteenth anniversary of
is hereby amended to read as follows: his/her birthdate.

"SEC. 4. Definition of Terms. The following "A child above fifteen (15) years but below
terms as used in this Act shall be defined as eighteen (18) years of age shall likewise be
follows: exempt from criminal liability and be subjected
to an intervention program, unless he/she has
"x x x acted with discernment, in which case, such
child shall be subjected to the appropriate
"(s) Bahay Pag-asa refers to a 24-hour child- proceedings in accordance with this Act.
caring institution established, funded and
managed by local government units (LGUs) and "The exemption from criminal liability herein
licensed and/or accredited nongovernment established does not include exemption from
organizations (NGOs) providing short-term civil liability, which shall be enforced in
residential care for children in conflict with the accordance with existing laws."
law who are above fifteen (15) but below
eighteen (18) years of age who are awaiting Section 4. Section 8 of Republic Act No. 9344
court disposition of their cases or transfer to is hereby amended to read as follows:
other agencies or jurisdiction.
"SEC. 8. Juvenile Justice and Welfare Council
"Part of the features of a Bahay Pag-asa is an (JJWC). A Juvenile Justice and Welfare
intensive juvenile intervention and support Council (JJWC) is hereby created and attached
center. This will cater to children in conflict with to the Department of Social Welfare and
the law in accordance with Sections 20, 20-A Development and placed under its administrative
and 20-B hereof. supervision. The JJWC shall be chaired by an
Undersecretary of the Department of Social
"A multi-disciplinary team composed of a social Welfare and Development. It shall ensure the
worker, a psychologist/mental health effective implementation of this Act and
professional, a medical doctor, an coordination among the following agencies:
educational/guidance counselor and a Barangay
Council for the Protection of Children (BCPC) "(a) Department of Justice (DOJ);
member shall operate the Bahay Pag-asa. The
team will work on the individualized "(b) Council for the Welfare of Children
intervention plan with the child and the childs (CWC);
family.
"(c) Department of Education (DepED);
"x x x."
"(d) Department of the Interior and Local
Section 3. Section 6 of Republic Act No. 9344 Government (DILG);
is hereby amended to read as follows:
"(e) Public Attorneys Office (PAO);

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"(f) Bureau of Corrections (BUCOR); and Development, to be selected based on the
criteria established by the Council;
"(g) Parole and Probation Administration (PPA);
"(9) Department of Health (DOH); and
"(h) National Bureau of Investigation (NBI);
"(10) One (1) representative each from the
"(i) Philippine National Police (PNP); League of Provinces, League of Cities, League
of Municipalities and League of Barangays.
"(j) Bureau of Jail Management and Penology
(BJMP); "There shall be a Regional Juvenile Justice and
Welfare Committee (RJJWC) in each region.
"(k) Commission on Human Rights (CHR); The RJJWCs will be under the administration
and supervision of the JJWC. The RJJWC shall
"(l) Technical Education and Skills be chaired by the director of the regional office
Development Authority (TESDA); of the DSWD. It shall ensure the effective
implementation of this Act at the regional and
"(m) National Youth Commission (NYC); and LGU levels and the coordination among its
member agencies.
"(n) Other institutions focused on juvenile
justice and intervention programs. "The RJJWC will be composed of permanent
representatives who shall have a rank not lower
than an assistant regional director or its
"The JJWC shall be composed of
equivalent to be designated by the concerned
representatives, whose ranks shall not be lower
department heads from the following agencies
than director, to be designated by the concerned
and shall receive emoluments as may be
heads of the following departments or agencies
determined by the Council in accordance with
and shall receive emoluments as may be
existing budget and accounting rules and
determined by the Council in accordance with
regulations:
existing budget and accounting rules and
regulations:
"(i) Department of Justice (DOJ);
"(1) Department of Justice (DOJ);
"(ii) Department of Social Welfare and
Development (DSWD);
"(2) Department of Social Welfare and
Development (DSWD);
"(iii) Department of Education (DepED);
"(3) Council for the Welfare of Children
(CWC); "(iv) Department of the Interior and Local
Government (DILG);
"(4) Department of Education (DepED);
"(v) Commission on Human Rights (CHR);
"(5) Department of the Interior and Local
Government (DILG); "(vi) Department of Health (DOH);

"(6) Commission on Human Rights (CHR); "(vii) Two (2) representatives from NGOs
operating within the region selected by the
RJJWC based on the criteria established by the
"(7) National Youth Commission (NYC);
JJWC;
"(8) Two (2) representatives from NGOs, to be
designated by the Secretary of Social Welfare

Page | 156
"(viii) One (1) sectoral representative from the on the success of the entire national juvenile
children or youth sector within the region; and intervention program. All programs relating to
juvenile justice and welfare shall be adopted in
"(ix) One (1) representative from the League of consultation with the JJWC;
Provinces/ Cities/ Municipalities/ Barangays of
the Philippines. "(f) To consult with the various leagues of local
government officials in the formulation and
"The JJWC shall convene within fifteen (15) recommendation of policies and strategies for
days from the effectivity of this Act. The the prevention of juvenile delinquency and the
Secretary of Social Welfare and Development promotion of juvenile justice and welfare;
shall determine the organizational structure and
staffing pattern of the JJWC national secretariat "(g) To formulate and recommend policies and
and the RJJWC secretariat. strategies in consultation with children for the
prevention of juvenile delinquency and the
"In the implementation of this Act, the JJWC administration of justice, as well as for the
shall consult with the various leagues of local treatment and rehabilitation of the children in
government officials. conflict with the law;

"The JJWC shall coordinate with the Office of "(h) To collect relevant information and conduct
the Court Administrator and the Philippine continuing research and support evaluations and
Judicial Academy to ensure the realization of its studies on all matters relating to juvenile justice
mandate and the proper discharge of its duties and welfare, such as, but not limited to:
and functions, as herein provided."
"(1) The performance and results achieved by
Section5. Section 9 of Republic Act No. 9344 is juvenile intervention programs and by activities
hereby amended to read as follows: of the local government units and other
government agencies;
"SEC. 9. Duties and Functions of the JJWC.
The JJWC shall have the following duties and "(2) The periodic trends, problems and causes of
functions: juvenile delinquency and crimes; and

"(a) To oversee the implementation of this Act; "(3) The particular needs of children in conflict
with the law in custody.
"(b) To advise the President on all matters and
policies relating to juvenile justice and welfare; "The data gathered shall be used by the JJWC in
the improvement of the administration of
"(c) To assist the concerned agencies in the juvenile justice and welfare system.
review and redrafting of existing
policies/regulations or in the formulation of new "The JJWC shall submit an annual report to
ones in line with the provisions of this Act; Congress on the implementation of the
provisions of this Act.
"(d) To periodically develop a comprehensive 3
to 5-year national juvenile intervention program, "The JJWC shall set up a mechanism to ensure
with the participation of government agencies that children are involved in research and policy
concerned, NGOs and youth organizations; development.

"(e) To coordinate the implementation of the "(i) Through duly designated persons and with
juvenile intervention programs and activities by the assistance of the agencies provided in the
national government agencies and other preceding section, to conduct regular inspections
activities which may have an important bearing in detention and rehabilitation facilities and to

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undertake spot inspections on their own "(f) To collect relevant regional information and
initiative in order to check compliance with the conduct continuing research and support
standards provided herein and to make the evaluations and studies on all matters relating to
necessary recommendations to appropriate juvenile justice and welfare within the region,
agencies; such as, but not limited to:

"(j) To initiate and coordinate the conduct of "(1) Performance and results achieved by
trainings for the personnel of the agencies juvenile intervention programs and by activities
involved in the administration of the juvenile of the LGUs and other government agencies
justice and welfare system and the juvenile within the region;
intervention program;
"(2) The periodic trends, problems and causes of
"(k) To submit an annual report to the President juvenile delinquency and crimes from the LGU
on the implementation of this Act; and level to the regional level; and

"(l) To perform such other functions as may be "(3) The particular needs of children in conflict
necessary to implement the provisions of this with the law in custody within their regional
Act." jurisdiction.

"SEC. 9-A. Duties and Functions of the "The data gathered shall be forwarded by the
RJJWC. The RJJWC shall have the following RJJWC to the JJWC on an annual basis and as
duties and functions: may be deemed necessary by the JJWC.

"(a) To oversee and ensure the effective "(g) Through duly designated persons and with
implementation of this Act at the regional level the assistance of the agencies provided in the
and at the level of the LGUs; preceding section, to conduct regular inspections
in detention and rehabilitation facilities within
"(b) To assist the concerned agencies in the the region and to undertake spot inspections on
implementation and in compliance with the their own initiative in order to check compliance
JJWCs adopted policies/regulations or provide with the standards provided herein and to make
substantial inputs to the JJWC in the formulation the necessary reports and recommendations to
of new ones in line with the provisions of this appropriate agencies and to the JJWC;
Act;
"(h) To initiate and coordinate the conduct of
"(c) To assist in the development of the trainings for the personnel of the agencies
comprehensive 3 to 5-year local juvenile involved in the administration of the juvenile
intervention program, with the participation of justice and welfare system and the juvenile
concerned LGUs, NGOs and youth intervention program within the region;
organizations within the region and monitor its
implementation; "(i) To submit an annual report to the JJWC on
the implementation of this Act; and
"(d) To coordinate the implementation of the
juvenile intervention programs and activities by "(j) To perform such other functions as may be
national government agencies and other determined by the JJWC to implement the
activities within the region; provisions of this Act."

"(e) To oversee the programs and operation of Section 6. Section 20 of Republic Act No. 9344
the intensive juvenile intervention and support is hereby amended to read as follows:
center established within the region;

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"SEC. 20. Children Below the Age of Criminal commitment shall be immediately filed by the
Responsibility. If it has been determined that DSWD or the Local Social Welfare and
the child taken into custody is fifteen (15) years Development Office (LSWDO) pursuant to
old or below, the authority which will have an Presidential Decree No. 603, as amended,
initial contact with the child, in consultation otherwise known as The Child and Youth
with the local social welfare and development Welfare Code and the Supreme Court rule on
officer, has the duty to immediately release the commitment of children: Provided, further, That
child to the custody of his/her parents or the minimum age for children committed to a
guardian, or in the absence thereof, the childs youth care facility or Bahay Pag-asa shall be
nearest relative. The child shall be subjected to a twelve (12) years old."
community-based intervention program
supervised by the local social welfare and "SEC. 20-A. Serious Crimes Committed by
development officer, unless the best interest of Children Who Are Exempt From Criminal
the child requires the referral of the child to a Responsibility. A child who is above twelve
youth care facility or Bahay Pag-asa managed (12) years of age up to fifteen (15) years of age
by LGUs or licensed and/or accredited NGOs and who commits parricide, murder, infanticide,
monitored by the DSWD. kidnapping and serious illegal detention where
the victim is killed or raped, robbery, with
"The local social welfare and development homicide or rape, destructive arson, rape, or
officer shall determine the appropriate programs carnapping where the driver or occupant is killed
for the child who has been released, in or raped or offenses under Republic Act No.
consultation with the child and the person 9165 (Comprehensive Dangerous Drugs Act of
having custody over the child. If the parents, 2002) punishable by more than twelve (12) years
guardians or nearest relatives cannot be located, of imprisonment, shall be deemed a neglected
or if they refuse to take custody, the child may child under Presidential Decree No. 603, as
be released to any of the following: amended, and shall be mandatorily placed in a
special facility within the youth care faculty or
"(a) A duly registered nongovernmental or Bahay Pag-asa called the Intensive Juvenile
religious organization; Intervention and Support Center (IJISC).

"(b) A barangay official or a member of the "In accordance with existing laws, rules,
Barangay Council for the Protection of Children procedures and guidelines, the proper petition
(BCPC); for involuntary commitment and placement
under the IJISC shall be filed by the local social
"(c) A local social welfare and development welfare and development officer of the LGU
officer; or, when and where appropriate, the where the offense was committed, or by the
DSWD. DSWD social worker in the local social welfare
and development officers absence, within
"If the child has been found by the local social twenty-four (24) hours from the time of the
welfare and development officer to be receipt of a report on the alleged commission of
dependent, abandoned, neglected or abused by said child. The court, where the petition for
his/her parents and the best interest of the child involuntary commitment has been filed shall
requires that he/she be placed in a youth care decide on the petition within seventy-two (72)
facility or Bahay Pag-asa, the childs parents hours from the time the said petition has been
or guardians shall execute a written filed by the DSWD/LSWDO. The court will
authorization for the voluntary commitment of determine the initial period of placement of the
the child: Provided, That if the child has no child within the IJISC which shall not be less
parents or guardians or if they refuse or fail to than one (1) year. The multi-disciplinary team of
execute the written authorization for voluntary the IJISC will submit to the court a case study
commitment, the proper petition for involuntary and progress report, to include a psychiatric
evaluation report and recommend the

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reintegration of the child to his/her family or the "SEC. 20-D. Joint Parental Responsibility.
extension of the placement under the IJISC. The Based on the recommendation of the multi-
multi-disciplinary team will also submit a report disciplinary team of the IJISC, the LSWDO or
to the court on the services extended to the the DSWD, the court may require the parents of
parents and family of the child and the a child in conflict with the law to undergo
compliance of the parents in the intervention counseling or any other intervention that, in the
program. The court will decide whether the child opinion of the court, would advance the welfare
has successfully completed the center-based and best interest of the child.
intervention program and is already prepared to
be reintegrated with his/her family or if there is a "As used in this Act, parents shall mean any of
need for the continuation of the center-based the following:
rehabilitation of the child. The court will
determine the next period of assessment or "(a) Biological parents of the child; or
hearing on the commitment of the child."
"(b) Adoptive parents of the child; or
"SEC. 20-B. Repetition of Offenses. A child
who is above twelve (12) years of age up to "(c) Individuals who have custody of the child.
fifteen (15) years of age and who commits an
offense for the second time or "A court exercising jurisdiction over a child in
oftener: Provided, That the child was previously conflict with the law may require the attendance
subjected to a community-based intervention of one or both parents of the child at the place
program, shall be deemed a neglected child where the proceedings are to be conducted.
under Presidential Decree No. 603, as amended,
and shall undergo an intensive intervention
"The parents shall be liable for damages unless
program supervised by the local social welfare
they prove, to the satisfaction of the court, that
and development officer: Provided,
they were exercising reasonable supervision
further, That, if the best interest of the child
over the child at the time the child committed
requires that he/she be placed in a youth care
the offense and exerted reasonable effort and
facility or Bahay Pag-asa, the childs parents
utmost diligence to prevent or discourage the
or guardians shall execute a written
child from committing another offense."
authorization for the voluntary commitment of
the child: Provided, finally, That if the child has
no parents or guardians or if they refuse or fail "SEC. 20-E. Assistance to Victims of Offenses
to execute the written authorization for Committed by Children. The victim of the
voluntary commitment, the proper petition for offense committed by a child and the victims
involuntary commitment shall be immediately family shall be provided the appropriate
filed by the DSWD or the LSWDO pursuant to assistance and psychological intervention by the
Presidential Decree No. 603, as amended." LSWDO, the DSWD and other concerned
agencies."
"SEC. 20-C. Exploitation of Children for
Commission of Crimes. Any person who, in Section 7. Section 22 of Republic Act No. 9344
the commission of a crime, makes use, takes is hereby amended to read as follows:
advantage of, or profits from the use of children,
including any person who abuses his/her "SEC. 22. Duties During Initial Investigation.
authority over the child or who, with abuse of The law enforcement officer shall, in his/her
confidence, takes advantage of the investigation, determine where the case
vulnerabilities of the child and shall induce, involving the child in conflict with the law
threaten or instigate the commission of the should be referred.
crime, shall be imposed the penalty prescribed
by law for the crime committed in its maximum "The taking of the statement of the child shall be
period." conducted in the presence of the following: (1)

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childs counsel of choice or in the absence personal information, and place of detention of
thereof, a lawyer from the Public Attorneys the child in conflict with the law.
Office; (2) the childs parents, guardian, or
nearest relative, as the case may be; and (3) the "Upon determination of probable cause by the
local social welfare and development officer. In prosecutor, the information against the child
the absence of the childs parents, guardian, or shall be filed before the Family Court within
nearest relative, and the local social welfare and forty-five (45) days from the start of the
development officer, the investigation shall be preliminary investigation. The information must
conducted in the presence of a representative of allege that the child acted with discernment."
an NGO, religious group, or member of the
BCPC. Section 9. Section 49 of Republic Act No. 9344
is hereby amended to read as follows:
"The social worker shall conduct an initial
assessment to determine the appropriate "SEC. 49. Establishment of Bahay Pag-Asa.
interventions and whether the child acted with Each province and highly-urbanized city (the
discernment, using the discernment assessment LGUs) shall be responsible for building, funding
tools developed by the DSWD. The initial and operating a Bahay Pag-asa within their
assessment shall be without prejudice to the jurisdiction following the standards that will be
preparation of a more comprehensive case study set by the DSWD and adopted by the JJWC.
report. The local social worker shall do either of
the following: "Every Bahay Pag-asa will have a special
facility called the IJISC. This Center will be
"(a) Proceed in accordance with Section 20 if the allocated for children in conflict with the law in
child is fifteen (15) years or below or above accordance with Sections 20, 20-A and 20-B
fifteen (15) but below eighteen (18) years old, hereof. These children will be required to
who acted without discernment; and undergo a more intensive multi-disciplinary
intervention program. The JJWC in partnership
"(b) If the child is above fifteen (15) years old with, but not limited to, the DSWD, the DOH,
but below eighteen (18) and who acted with the DepED and the DILG, will develop and set
discernment, proceed to diversion under the the standards for the implementation of the
following chapter." multi-disciplinary intervention program of the
IJISC. Upon institutionalization of the IJISC
Section 8. Section 33 of Republic Act No. 9344 program, the JJWC will continue to monitor and
is hereby amended to read as follows: provide technical assistance to the multi-
disciplinary teams operating the said centers."
"SEC. 33. Preliminary Investigation and Filing
of Information. The prosecutor shall conduct a Section 10. Section 50 of Republic Act No.
preliminary investigation in the following 9344 is hereby amended to read as follows:
instances: (a) when the child in conflict with the
law does not qualify for diversion; (b) when the "SEC. 50. Care and Maintenance of the Child in
child, his/her parents or guardian does not agree Conflict with the Law. x x x
to diversion as specified in Sections 27 and 28;
and (c) when considering the assessment and "The LGUs expected expenditures on the local
recommendation of the social worker, the juvenile intervention program for children at risk
prosecutor determines that diversion is not and children in conflict with the law shall be
appropriate for the child in conflict with the law. included in the LGUs annual budget. Highly-
urbanized cities and provincial governments
"Upon serving the subpoena and the affidavit of should include a separate budget for the
complaint, the prosecutor shall notify the Public construction and maintenance of the Bahay
Attorneys Office of such service, as well as the

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Pag-asa including the operation of the IJISC the law to guarantee the correct application of
within the Bahay Pag-asa." the provisions of this Act and other laws. The
JJWC shall lead in the establishment of a
Section 11. Section 57 of Republic Act No. centralized information management system on
9344 is hereby amended to read as follows: children in conflict with the law. This provision
is however without prejudice to Section 43 of
"SEC. 57. Status Offenses. Any conduct not this Act.
considered an offense or not penalized if
committed by an adult shall not be considered an Section 13. Section 63 of Republic Act No.
offense and shall not be punished if committed 9344 is hereby amended to read as follows:
by a child."
"SEC. 63. Appropriations. The amount
"SEC. 57-A. Violations of Local Ordinances. necessary to carry out the provisions of this Act
Ordinances enacted by local governments shall be charged against the current years
concerning juvenile status offenses such as, but appropriations of the JJWC under the budget of
not limited to, curfew violations, truancy, the Department of Justice. Thereafter, such sums
parental disobedience, anti-smoking and anti- as may be necessary for the continued
drinking laws, as well as light offenses and implementation of this Act shall be included in
misdemeanors against public order or safety the budget of the DSWD under the annual
such as, but not limited to, disorderly conduct, General Appropriations Act: Provided, That the
public scandal, harassment, drunkenness, public amount of Four hundred million pesos
intoxication, criminal nuisance, vandalism, (P400,000,000.00) shall be appropriated for the
gambling, mendicancy, littering, public construction of Bahay Pag-asa rehabilitation
urination, and trespassing, shall be for the centers in provinces or cities with high incidence
protection of children. No penalty shall be of children in conflict with the law to be
imposed on children for said violations, and they determined and identified by the DSWD and the
shall instead be brought to their residence or to JJWC on a priority basis: Provided, further, That
any barangay official at the barangay hall to be the said amount shall be coursed through the
released to the custody of their parents. Department of Public Works and Highways
Appropriate intervention programs shall be (DPWH) for its proper implementation.
provided for in such ordinances. The child shall
also be recorded as a child at risk and not as a "The LGUs concerned shall make available,
child in conflict with the law. The ordinance from its own resources or assets, their
shall also provide for intervention programs, counterpart share equivalent to the national
such as counseling, attendance in group government contribution of Five million pesos
activities for children, and for the parents, (P5,000,000.00) per rehabilitation center.
attendance in parenting education seminars."
"In addition, the Council may accept donations,
Section 12. Mandatory Registry of Children in grants and contributions from various sources, in
Conflict with the Law. All duty-bearers, cash or in kind, for purposes relevant to its
including barangay/BCPC workers, law functions, subject to the usual government
enforcers, teachers, guidance counselors, social accounting and auditing rules and regulations."
workers and prosecutors who will receive report,
handle or refer cases of children in conflict with Section 14. Implementing Rules and
the law, shall ensure a faithful recordation of all Regulations. The JJWC shall promulgate the
pertinent information, such as age, residence, necessary rules and regulations within sixty (60)
gender, crime committed or accused of and the days from the effectivity of this Act.
details of the intervention or diversion, as the
case may be, under which they will undergo or Section 15. Separability Clause. If any
has undergone, of all children in conflict with provision of this Act is held unconstitutional,

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other provisions not affected thereby shall (a) preventing witnesses from testifying in any
remain valid and binding. criminal proceeding or from reporting the
commission of any offense or the identity of any
Section 16. Repealing Clause. All laws, offender/s by means of bribery,
decrees, ordinances and rules inconsistent with misrepresentation, deceit, intimidation, force or
the provisions of this Act are hereby modified or threats;
repealed accordingly.
(b) altering, destroying, suppressing or
Section 17. Effectivity Clause. This Act shall concealing any paper, record, document, or
take effect fifteen (15) days after the completion object, with intent to impair its verity,
of its publication in the Official Gazette or in at authenticity, legibility, availability, or
least two (2) national newspapers of general admissibility as evidence in any investigation of
circulation. or official proceedings in, criminal cases, or to
be used in the investigation of, or official
proceedings in, criminal cases;

PRESIDENTIAL DECREE No. 1829 (c) harboring or concealing, or facilitating the

escape of, any person he knows, or has
reasonable ground to believe or suspect, has
PENALIZING OBSTRUCTION OF
committed any offense under existing penal laws
APPREHENSION AND PROSECUTION OF
in order to prevent his arrest prosecution and
CRIMINAL OFFENDERS
conviction;
WHEREAS, crime and violence continue to
(d) publicly using a fictitious name for the
proliferate despite the sustained vigorous efforts
purpose of concealing a crime, evading
of the government to effectively contain them;
prosecution or the execution of a judgment, or
concealing his true name and other personal
WHEREAS, to discourage public indifference or circumstances for the same purpose or purposes;
apathy towards the apprehension and
prosecution of criminal offenders, it is necessary
(e) delaying the prosecution of criminal cases by
to penalize acts which obstruct or frustrate or
obstructing the service of process or court orders
tend to obstruct or frustrate the successful
or disturbing proceedings in the fiscal's offices,
apprehension and prosecution of criminal
in Tanodbayan, or in the courts;
offenders;
(f) making, presenting or using any record,
NOW, THEREFORE, I, FERDINAND, E.
document, paper or object with knowledge of its
MARCOS, President of the Philippines, by
falsity and with intent to affect the course or
virtue of the powers vested in me by law do
outcome of the investigation of, or official
hereby decree and order the following:
proceedings in, criminal cases;
Section 1. The penalty of prision correccional in
(g) soliciting, accepting, or agreeing to accept
its maximum period, or a fine ranging from
any benefit in consideration of abstaining from,
1,000 to 6,000 pesos, or both, shall be imposed
discounting, or impeding the prosecution of a
upon any person who knowingly or willfully
criminal offender;
obstructs, impedes, frustrates or delays the
apprehension of suspects and the investigation
and prosecution of criminal cases by committing (h) threatening directly or indirectly another
any of the following acts: with the infliction of any wrong upon his person,
honor or property or that of any immediate
member or members of his family in order to
prevent such person from appearing in the

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investigation of, or official proceedings in, WHEREAS, the confinement of all offenders
criminal cases, or imposing a condition, whether prisons and other institutions with rehabilitation
lawful or unlawful, in order to prevent a person programs constitutes an onerous drain on the
from appearing in the investigation of or in financial resources of the country; and
official proceedings in, criminal cases;
WHEREAS, there is a need to provide a less
(i) giving of false or fabricated information to costly alternative to the imprisonment of
mislead or prevent the law enforcement agencies offenders who are likely to respond to
from apprehending the offender or from individualized, community-based treatment
protecting the life or property of the victim; or programs;
fabricating information from the data gathered in
confidence by investigating authorities for NOW, THEREFORE, I, FERDINAND E.
purposes of background information and not for MARCOS, President of the Philippines, by
publication and publishing or disseminating the virtue of the powers vested in me by the
same to mislead the investigator or to the court. Constitution, do hereby order and decree the
following:
If any of the acts mentioned herein is penalized
by any other law with a higher penalty, the Section 1. Title and Scope of the Decree. This
higher penalty shall be imposed. Decree shall be known as the Probation Law of
1976. It shall apply to all offenders except those
Section 2. If any of the foregoing acts is entitled to the benefits under the provisions of
committed by a public official or employee, he Presidential Decree numbered Six Hundred and
shall in addition to the penalties provided three and similar laws.
thereunder, suffer perpetual disqualification
from holding public office. Section 2. Purpose. This Decree shall be
interpreted so as to:
Section 3. This Decree shall take effect
immediately. (a) promote the correction and rehabilitation of
an offender by providing him with
Done in the City of Manila, this 16th day of individualized treatment;
January, in the year of Our Lord, nineteen
hundred and eighty-one. (b) provide an opportunity for the reformation of
a penitent offender which might be less probable
if he were to serve a prison sentence; and

PRESIDENTIAL DECREE No. 968 (c) prevent the commission of offenses.

July 24, 1976 Section 3. Meaning of Terms. As used in this

Decree, the following shall, unless the context
ESTABLISHING A PROBATION SYSTEM, otherwise requires, be construed thus:
APPROPRIATING FUNDS THEREFOR
AND FOR OTHER PURPOSES (a) "Probation" is a disposition under which a
defendant, after conviction and sentence, is
WHEREAS, one of the major goals of the released subject to conditions imposed by the
government is to establish a more enlightened court and to the supervision of a probation
and humane correctional systems that will officer.
promote the reformation of offenders and
thereby reduce the incidence of recidivism; (b) "Probationer" means a person placed on
probation.

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(c) "Probation Officer" means one who may be allowed on temporary liberty under his
investigates for the court a referral for probation bail filed in the criminal case; Provided, That, in
or supervises a probationer or both. case where no bail was filed or that the
defendant is incapable of filing one, the court
Section 4. Grant of Probation. Subject to the may allow the release of the defendant on
provisions of this Decree, the court may, after it recognize the custody of a responsible member
shall have convicted and sentenced a defendant of the community who shall guarantee his
and upon application at any time of said appearance whenever required by the court.
defendant, suspend the execution of said
sentence and place the defendant on probation Section 8. Criteria for Placing an Offender on
for such period and upon such terms and Probation. In determining whether an offender
conditions as it may deem best. may be placed on probation, the court shall
consider all information relative, to the
Probation may be granted whether the sentence character, antecedents, environment, mental and
imposes a term of imprisonment or a fine only. physical condition of the offender, and available
An application for probation shall be filed with institutional and community resources.
the trial court, with notice to the appellate court Probation shall be denied if the court finds that:
if an appeal has been taken from the sentence of
conviction. The filing of the application shall be (a) the offender is in need of correctional
deemed a waver of the right to appeal, or the treatment that can be provided most effectively
automatic withdrawal of a pending appeal. by his commitment to an institution; or

An order granting or denying probation shall not (b) there is undue risk that during the period of
be appealable. probation the offender will commit another
crime; or
Section 5. Post-sentence Investigation. No
person shall be placed on probation except upon (c) probation will depreciate the seriousness of
prior investigation by the probation officer and a the offense committed.
determination by the court that the ends of
justice and the best interest of the public as well Section 9. Disqualified Offenders. The benefits
as that of the defendant will be served thereby. of this Decree shall not be extended to those:

Section 6. Form of Investigation Report. The (a) sentenced to serve a maximum term of
investigation report to be submitted by the imprisonment of more than six years;
probation officer under Section 5 hereof shall be
in the form prescribed by the Probation (b) convicted of any offense against the security
Administrator and approved by the Secretary of of the State;
Justice.
(c) who have previously been convicted by final
Section 7. Period for Submission of judgment of an offense punished by
Investigation Report. The probation officer shall imprisonment of not less than one month and
submit to the court the investigation report on a one day and/or a fine of not less than Two
defendant not later than sixty days from receipt Hundred Pesos;
of the order of said court to conduct the
investigation. The court shall resolve the petition (d) who have been once on probation under the
for probation not later than five days after provisions of this Decree; and
receipt of said report.
(e) who are already serving sentence at the time
Pending submission of the investigation report the substantive provisions of this Decree became
and the resolution of the petition, the defendant applicable pursuant to Section 33 hereof.

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Section 10. Conditions of Probation. Every (k) satisfy any other condition related to the
probation order issued by the court shall contain rehabilitation of the defendant and not unduly
conditions requiring that the probationer shall: restrictive of his liberty or incompatible with his
freedom of conscience.
(a) present himself to the probation officer
designated to undertake his supervision at such Section 11. Effectivity of Probation Order. A
place as may be specified in the order within probation order shall take effect upon its
seventy-two hours from receipt of said order; issuance, at which time the court shall inform
the offender of the consequences thereof and
(b) report to the probation officer at least once a explain that upon his failure to comply with any
month at such time and place as specified by of the conditions prescribed in the said order or
said officer. his commission of another offense, he shall
serve the penalty imposed for the offense under
The court may also require the probationer to: which he was placed on probation.

(a) cooperate with a program of supervision; Section 12. Modification of Condition of

Probation. During the period of probation, the
(b) meet his family responsibilities; court may, upon application of either the
probationer or the probation officer, revise or
(c) devote himself to a specific employment and modify the conditions or period of probation.
not to change said employment without the prior The court shall notify either the probationer or
written approval of the probation officer; the probation officer of the filing such an
application so as to give both parties an
opportunity to be heard thereon.
(d) undergo medical, psychological or
psychiatric examination and treatment and enter
and remain in a specified institution, when The court shall inform in writing the probation
required for that purpose; officer and the probationer of any change in the
period or conditions of probation.
(e) pursue a prescribed secular study or
vocational training; Section 13. Control and Supervision of
Probationer. The probationer and his probation
program shall be under the control of the court
(f) attend or reside in a facility established for
who placed him on probation subject to actual
instruction, recreation or residence of persons on
supervision and visitation by a probation officer.
probation;
Whenever a probationer is permitted to reside in
(g) refrain from visiting houses of ill-repute;
a place under the jurisdiction of another court,
control over him shall be transferred to the
(h) abstain from drinking intoxicating beverages Executive Judge of the Court of First Instance of
to excess; that place, and in such a case, a copy of the
probation order, the investigation report and
(i) permit to probation officer or an authorized other pertinent records shall be furnished said
social worker to visit his home and place or Executive Judge. Thereafter, the Executive
work; Judge to whom jurisdiction over the probationer
is transferred shall have the power with respect
(j) reside at premises approved by it and not to to him that was previously possessed by the
change his residence without its prior written court which granted the probation.
approval; or

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Section 14. Period of Probation. discharge his liability for any fine imposed as to
the offense for which probation was granted.
(a) The period of probation of a defendant
sentenced to a term of imprisonment of not more The probationer and the probation officer shall
than one year shall not exceed two years, and in each be furnished with a copy of such order.
all other cases, said period shall not exceed six
years. Section 17. Confidentiality of Records. The
investigation report and the supervision history
(b) When the sentence imposes a fine only and of a probationer obtained under this Decree shall
the offender is made to serve subsidiary be privileged and shall not be disclosed directly
imprisonment in case of insolvency, the period or indirectly to anyone other than the Probation
of probation shall not be less than nor to be more Administration or the court concerned, except
than twice the total number of days of subsidiary that the court, in its discretion, may permit the
imprisonment as computed at the rate probationer of his attorney to inspect the
established, in Article thirty-nine of the Revised aforementioned documents or parts thereof
Penal Code, as amended. whenever the best interest of the probationer
make such disclosure desirable or helpful:
Section 15. Arrest of Probationer; Subsequent Provided, Further, That, any government office
Disposition. At any time during probation, the or agency engaged in the correction or
court may issue a warrant for the arrest of a rehabilitation of offenders may, if necessary,
probationer for violation of any of the conditions obtain copies of said documents for its official
of probation. The probationer, once arrested and use from the proper court or the Administration.
detained, shall immediately be brought before
the court for a hearing, which may be informal Section 18. The Probation
and summary, of the violation charged. The Administration. There is hereby created under
defendant may be admitted to bail pending such the Department of Justice an agency to be
hearing. In such a case, the provisions regarding known as the Probation Administration herein
release on bail of persons charged with a crime referred to as the Administration, which shall
shall be applicable to probationers arrested exercise general supervision over all
under this provision. If the violation is probationers.
established, the court may revoke or continue his
probation and modify the conditions thereof. If The Administration shall have such staff,
revoked, the court shall order the probationer to operating units and personnel as may be
serve the sentence originally imposed. An order necessary for the proper execution of its
revoking the grant of probation or modifying the functions.
terms and conditions thereof shall not be
appealable. Section 19. Probation Administration. The
Administration shall be headed by the Probation
Section 16. Termination of Probation. After the Administrator, hereinafter referred to as the
period of probation and upon consideration of Administrator, who shall be appointed by the
the report and recommendation of the probation President of the Philippines. He shall hold office
officer, the court may order the final discharge during good behavior and shall not be removed
of the probationer upon finding that he has except for cause.
fulfilled the terms and conditions of his
probation and thereupon the case is deemed The Administrator shall receive an annual salary
terminated. of at least forty thousand pesos. His powers and
duties shall be to:
The final discharge of the probationer shall
operate to restore to him all civil rights lost or (a) act as the executive officer of the
suspend as a result of his conviction and to fully Administration;

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(b) exercise supervision and control over all Section 22. Regional Office; Regional
probation officers; Probation Officer. The Administration shall
have regional offices organized in accordance
(c) make annual reports to the Secretary of with the field service area patterns established
Justice, in such form as the latter may prescribe, under the Integrated Reorganization Plan.
concerning the operation, administration and
improvement of the probation system; Such regional offices shall be headed by a
Regional Probation Officer who shall be
(d) promulgate, subject to the approval of the appointed by President of the Philippines in
Secretary of Justice, the necessary rules relative accordance with the Integrated Reorganization
to the methods and procedures of the probation Plan and upon the recommendation of the
process; Secretary of Justice.

(e) recommend to the Secretary of Justice the The Regional Probation Officer shall exercise
appointment of the subordinate personnel of his supervision and control over all probation
Administration and other offices established in officer within his jurisdiction and such duties as
this Decree; and may assigned to him by the Administrator. He
shall have an annual salary of at least twenty-
(f) generally, perform such duties and exercise four thousand pesos.
such powers as may be necessary or incidental
to achieve the objectives of this Decree. He shall, whenever necessary, be assisted by an
Assistant Regional Probation Officer who shall
Section 20. Assistant Probation also be appointed by the President of the
Administrator. There shall be an Assistant Philippines, upon recommendation of the
Probation Administrator who shall assist the Secretary of Justice, with an annual salary of at
Administrator perform such duties as may be least twenty thousand pesos.
assigned to him by the latter and as may be
provided by law. In the absence of the Section 23. Provincial and City Probation
Administrator, he shall act as head of the Officers. There shall be at least one probation
Administration. officer in each province and city who shall be
appointed by the Secretary of Justice upon
He shall be appointed by the President of the recommendation of the Administrator and in
Philippines and shall receive an annual salary of accordance with civil service law and rules.
at least thirty-six thousand pesos.
The Provincial or City Probation Officer shall
Section 21. Qualifications of the Administrator receive an annual salary of at least eighteen
and Assistant Probation Administrator. To be thousand four hundred pesos.
eligible for Appointment as Administrator or
Assistant Probation Administrator, a person His duties shall be to:
must be at least thirty-five years of age, holder
of a master's degree or its equivalent in either (a) investigate all persons referred to him for
criminology, social work, corrections, penology, investigation by the proper court or the
psychology, sociology, public administration, Administrator;
law, police science, police administration, or
related fields, and should have at least five years (b) instruct all probationers under his
of supervisory experience, or be a member of the supervision of that of the probation aide on the
Philippine Bar with at least seven years of terms and conditions of their probations;
supervisory experience.
(c) keep himself informed of the conduct and
condition of probationers under his charge and

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use all suitable methods to bring about an among qualified residents of the province or city
improvement in their conduct and conditions; where he will be assigned to work.

(d) maintain a detailed record of his work and Section 26. Organization. Within twelve months
submit such written reports as may be required from the approval of this Decree, the Secretary
by the Administration or the court having of Justice shall organize the administrative
jurisdiction over the probationer under his structure of the Administration and the other
supervision; agencies created herein. During said period, he
shall also determine the staffing patterns of the
(e) prepare a list of qualified residents of the regional, provincial and city probation offices
province or city where he is assigned who are with the end in view of achieving maximum
willing to act as probation aides; efficiency and economy in the operations of the
probation system.
(f) supervise the training of probation aides and
oversee the latter's supervision of probationers; Section 27. Field Assistants, Subordinate
Personnel, Provincial or City Probation Officers
(g) exercise supervision and control over all shall be assisted by such field assistants and
field assistants, probation aides and other subordinate personnel as may be necessary to
personnel; and enable them to carry out their duties effectively.

(h) perform such duties as may be assigned by Section 28. Probation Aides. To assist the
the court or the Administration. Provincial or City Probation Officers in the
supervision of probationers, the Probation
Section 24. Miscellaneous Powers of Provincial Administrator may appoint citizens of good
and City Probation Officers. Provincial or City repute and probity to act as probation aides.
Probation Officers shall have the authority
within their territorial jurisdiction to administer Probation Aides shall not receive any regular
oaths and acknowledgments and to take compensation for services except for reasonable
depositions in connection with their duties and travel allowance. They shall hold office for such
functions under this Decree. They shall also period as may be determined by the Probation
have, with respect to probationers under their Administrator. Their qualifications and
care, the powers of police officer. maximum case loads shall be provided in the
rules promulgated pursuant to this Decree.
Section 25. Qualifications of Regional, Assistant
Regional, Provincial, and City Probation Section 29. Violation of Confidential Nature of
Officers. No person shall be appointed Regional Probation Records. The penalty of
or Assistant Regional or Provincial or City imprisonment ranging from six months and one
Probation Officer unless he possesses at least a day to six years and a fine ranging from hundred
bachelor's degree with a major in social work, to six thousand pesos shall be imposed upon any
sociology, psychology, criminology, penology, person who violates Section 17 hereof.
corrections, police science, administration, or
related fields and has at least three years of Section 30. Appropriations. There is hereby
experience in work requiring any of the authorized the appropriation of the sum of Six
abovementioned disciplines, or is a member of Million Five Hundred Thousand Pesos or so
the Philippine Bar with at least three years of much as may be necessary, out of any funds in
supervisory experience. the National Treasury not otherwise
appropriated, to carry out the purposes of this
Whenever practicable, the Provincial or City Decree. Thereafter, the amount of at least Ten
Probation Officer shall be appointed from Million Five Hundred Thousand Pesos or so
much as may be necessary shall be included in

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the annual appropriations of the national application by said defendant within the period
government. for perfecting an appeal, suspend the execution
of the sentence and place the defendant on
Section 31. Repealing Clause. All provisions of probation for such period and upon such terms
existing laws, orders and regulations contrary to and conditions as it may deem best. No
or inconsistent with this Decree are hereby application for probation shall be entertained or
repealed or modified accordingly. granted if the defendant has perfected the appeal
from the judgment of conviction: Provided, That
Section 32. Separability of Provisions. If any when a judgment of conviction imposing a non-
part, section or provision of this Decree shall be probationable penalty is appealed or reviewed,
held invalid or unconstitutional, no other parts, and such judgment is modified through the
sections or provisions hereof shall be affected imposition of a probationable penalty, the
thereby. defendant shall be allowed to apply for
probation based on the modified decision before
Section 33. Effectivity. This Decree shall take such decision becomes final. The application for
effect upon its approval: Provided, However, probation based on the modified decision shall
That, the application of its substantive be filed in the trial court where the judgment of
provisions concerning the grant of probation conviction imposing a non-probationable
shall only take effect twelve months after the penalty was rendered, or in the trial court where
certification by the Secretary of Justice to the such case has since been re-raffled. In a case
Chief Justice of the Supreme Court that the involving several defendants where some have
administrative structure of the Probation taken further appeal, the other defendants may
Administration and of the other agencies has apply for probation by submitting a written
been organized. application and attaching thereto a certified true
copy of the judgment of conviction.
DONE in the City of Manila, this 24th day of
July in the year of Our Lord, nineteen hundred The trial court shall, upon receipt of the
and seventy-six. application filed, suspend the execution of the
sentence imposed in the judgment.

This notwithstanding, the accused shall lose the

benefit of probation should he seek a review of
REPUBLIC ACT No. 10707
the modified decision which already imposes a
probationable penalty.
AN ACT AMENDING PRESIDENTIAL
DECREE NO. 968, OTHERWISE KNOWN
Probation may be granted whether the sentence
AS THE PROBATION LAW OF 1976, AS
imposes a term of imprisonment or a fine only.
AMENDED
The filing of the application shall be deemed a
waiver of the right to appeal.1wphi1
Be it enacted by the Senate and House of
Representatives of the Philippines in Congress
assembled: An order granting or denying probation shall
not be appealable.
SECTION 1. Section 4 of Presidential Decree
No. 968, as amended, is hereby further amended SECTION 2. Section 9 of the same Decree, as
to read as follows: amended, is hereby further amended to read as
follows:
SEC. 4. Grant of Probation. Subject to the
provisions of this Decree, the trial court may, SEC. 9. Disqualified Offenders. The benefits
after it shall have convicted and sentenced a of this Decree shall not be extended to those:
defendant for a probationable penalty and upon

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a. sentenced to serve a maximum term of connection with their duties and functions under
imprisonment of more than six (6) years; this Decree. They shall also have, with respect to
probationers under their care, the powers of a
b. convicted of any crime against the national police officer. They shall be considered as
security; persons in authority.

c. who have previously been convicted by final SECTION 5. Section 27 of the same Decree is
judgment of an offense punished by hereby amended to read as follows:
imprisonment of more than six (6) months and
one (1) day and/or a fine of more than one SEC. 27. Field Assistants, Subordinate
thousand pesos (P1,000.00); Personnel. Regional, Provincial or City
Probation Officers shall be assisted by such field
d. who have been once on probation under the assistants and subordinate personnel as may be
provisions of this Decree; and necessary to enable them to carry out their duties
effectively.
e. who are already serving sentence at the time
the substantive provisions of this Decree became SECTION 6. Section 28 of the same Decree is
applicable pursuant to Section 33 hereof. hereby amended to read as follows:

SECTION 3. Section 16 of the same Decree, as SEC. 28. Volunteer Probation Assistants
amended, is hereby further amended to read as (VPAs). To assist the Chief Probation and
follows: Parole Officers in the supervised treatment
program of the probationers, the Probation
SEC. 16. Termination of Probation. After Administrator may appoint citizens of good
the period of probation and upon consideration repute and probity, who have the willingness,
of the report and recommendation of the aptitude, and capability to act as VPAs.
probation officer, the court may order the final
discharge of the probationer upon finding that he VPAs shall not receive any regular
has fulfilled the terms and conditions of his compensation except for reasonable
probation and thereupon the case is deemed transportation and meal allowances, as may be
terminated. determined by the Probation Administrator, for
services rendered as VPAs.
The final discharge of the probationer shall
operate to restore to him all civil rights lost or They shall hold office for a two (2)-year term
suspended as a result of his conviction and to which may be renewed or recalled anytime for a
totally extinguish his criminal liability as to the just cause. Their functions, qualifications,
offense for which probation was granted. continuance in office and maximum case loads
shall be further prescribed under the
The probationer and the probation officer shall implementing rules and regulations of this Act.
each be furnished with a copy of such order.
There shall be a reasonable number of VPAs in
SECTION 4. Section 24 of the same Decree is every regional, provincial, and city probation
hereby amended to read as follows: office. In order to strengthen the functional
relationship of VPAs and the Probation
SEC. 24. Miscellaneous Powers of Regional, Administrator, the latter shall encourage and
Provincial and City Probation Officers. support the former to organize themselves in the
Regional, Provincial or City Probation Officers national, regional, provincial, and city levels for
shall have the authority within their territorial effective utilization, coordination, and
jurisdiction to administer oaths and sustainability of the volunteer program.
acknowledgments and to take depositions in

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SECTION 7. Separability Clause. If any the enforcement of the said rights in case of
provision of this Act is declared invalid, the default or violation of the terms of the trust
provisions hereof not affected by such receipt agreement;
declaration shall remain in full force and effect.
WHEREAS, the recommendations contained in
SECTION 8. Repealing Clause. All laws, the report on the financial system which have
executive orders, or administrative orders, rules been accepted, with certain modifications by the
and regulations or parts thereof which are monetary authorities included, among others, the
inconsistent with this Act are hereby amended, enactment of a law regulating the trust receipt
repealed or modified accordingly. transactions;

SECTION 9. Appropriations Clause. The NOW, THEREFORE, I, FERDINAND E.

amount necessary to carry out the provisions of MARCOS, President of the Philippines, by
this Act shall be included in the General virtue of the powers vested in me by the
Appropriations Act of the year following its Constitution, as Commander-in-Chief of all the
enactment into law. Armed Forces of the Philippines, and pursuant
to Proclamation No. 1081, dated September 21,
SECTION 10. Implementing Rules and 1972, and General Order No. 1, dated September
Regulations. Within sixty (60) days from the 22, 1972, as amended, and in order to effect the
approval of this Act, the Department of Justice desired changes and reforms in the social,
shall promulgate such rules and regulations as economic, and political structure of our society,
may be necessary to carry out the provisions of do hereby order and decree and make as part of
this Act. the law of the land the following:

SECTION 11. Effectivity. This Act shall take Section 1. Short Title. This Decree shall be
effect immediately after its publication in the known as the Trust Receipts Law.
Official Gazette or in two (2) newspapers of
general circulation. Section 2. Declaration of Policy. It is hereby
declared to be the policy of the state (a) to
encourage and promote the use of trust receipts
as an additional and convenient aid to commerce
PRESIDENTIAL DECREE No. 115 and trade; (b) to provide for the regulation of
trust receipts transactions in order to assure the
protection of the rights and enforcement of
January 29, 1973
obligations of the parties involved therein; and
(c) to declare the misuse and/or
PROVIDING FOR THE REGULATION OF misappropriation of goods or proceeds realized
TRUST RECEIPTS TRANSACTIONS from the sale of goods, documents or
instruments released under trust receipts as a
WHEREAS, the utilization of trust receipts, as a criminal offense punishable under Article Three
convenient business device to assist importers hundred and fifteen of the Revised Penal Code.
and merchants solve their financing problems,
had gained popular acceptance in international Section 3. Definition of terms. As used in this
and domestic business practices, particularly in Decree, unless the context otherwise requires,
commercial banking transactions; the term
WHEREAS, there is no specific law in the (a) "Document" shall mean written or printed
Philippines that governs trust receipt evidence of title to goods.
transactions, especially the rights and
obligations of the parties involved therein and

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(b) "Entrustee" shall refer to the person having association, and two more persons having a joint
or taking possession of goods, documents or or common interest.
instruments under a trust receipt transaction, and
any successor in interest of such person for the (j) "Trust Receipt" shall refer to the written or
purpose or purposes specified in the trust receipt printed document signed by the entrustee in
agreement. favor of the entruster containing terms and
conditions substantially complying with the
(c) "Entruster" shall refer to the person holding provisions of this Decree. No further formality
title over the goods, documents, or instruments of execution or authentication shall be necessary
subject of a trust receipt transaction, and any to the validity of a trust receipt.
successor in interest of such person.
(k) "Value" means any consideration sufficient
(d) "Goods" shall include chattels and personal to support a simple contract.
property other than: money, things in action, or
things so affixed to land as to become a part Section 4. What constitutes a trust receipt
thereof. transaction. A trust receipt transaction, within
the meaning of this Decree, is any transaction by
(e) "Instrument" means any negotiable and between a person referred to in this Decree
instrument as defined in the Negotiable as the entruster, and another person referred to in
Instrument Law; any certificate of stock, or bond this Decree as entrustee, whereby the entruster,
or debenture for the payment of money issued who owns or holds absolute title or security
by a public or private corporation, or any interests over certain specified goods,
certificate of deposit, participation certificate or documents or instruments, releases the same to
receipt, any credit or investment instrument of a the possession of the entrustee upon the latter's
sort marketed in the ordinary course of business execution and delivery to the entruster of a
or finance, whereby the entrustee, after the signed document called a "trust receipt" wherein
issuance of the trust receipt, appears by virtue of the entrustee binds himself to hold the
possession and the face of the instrument to be designated goods, documents or instruments in
the owner. "Instrument" shall not include a trust for the entruster and to sell or otherwise
document as defined in this Decree. dispose of the goods, documents or instruments
with the obligation to turn over to the entruster
(f) "Purchase" means taking by sale, conditional the proceeds thereof to the extent of the amount
sale, lease, mortgage, or pledge, legal or owing to the entruster or as appears in the trust
equitable. receipt or the goods, documents or instruments
themselves if they are unsold or not otherwise
(g) "Purchaser" means any person taking by disposed of, in accordance with the terms and
purchase. conditions specified in the trust receipt, or for
other purposes substantially equivalent to any of
(h) "Security Interest" means a property interest the following:
in goods, documents or instruments to secure
performance of some obligations of the entrustee 1. In the case of goods or documents, (a) to sell
or of some third persons to the entruster and the goods or procure their sale; or (b) to
includes title, whether or not expressed to be manufacture or process the goods with the
absolute, whenever such title is in substance purpose of ultimate sale: Provided, That, in the
taken or retained for security only. case of goods delivered under trust receipt for
the purpose of manufacturing or processing
(i) "Person" means, as the case may be, an before its ultimate sale, the entruster shall retain
individual, trustee, receiver, or other fiduciary, its title over the goods whether in its original or
partnership, corporation, business trust or other processed form until the entrustee has complied
fully with his obligation under the trust receipt;

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or (c) to load, unload, ship or tranship or to those hereinabove enumerated provided that
otherwise deal with them in a manner such terms and conditions shall not be contrary
preliminary or necessary to their sale; or to the provisions of this Decree, any existing
laws, public policy or morals, public order or
2. In the case of instruments, good customs.

a) to sell or procure their sale or exchange; or Section 6. Currency in which a trust receipt may
be denominated. A trust receipt may be
b) to deliver them to a principal; or denominated in the Philippine currency or any
foreign currency acceptable and eligible as part
c) to effect the consummation of some of international reserves of the Philippines, the
transactions involving delivery to a depository provisions of existing law, executive orders,
or register; or rules and regulations to the contrary
notwithstanding: Provided, however, That in the
d) to effect their presentation, collection or case of trust receipts denominated in foreign
renewal currency, payment shall be made in its
equivalent in Philippine currency computed at
the prevailing exchange rate on the date the
The sale of goods, documents or instruments by
proceeds of sale of the goods, documents or
a person in the business of selling goods,
instruments held in trust by the entrustee are
documents or instruments for profit who, at the
turned over to the entruster or on such other date
outset of the transaction, has, as against the
as may be stipulated in the trust receipt or other
buyer, general property rights in such goods,
agreements executed between the entruster and
documents or instruments, or who sells the same
the entrustee.
to the buyer on credit, retaining title or other
interest as security for the payment of the
purchase price, does not constitute a trust receipt Section 7. Rights of the entruster. The entruster
transaction and is outside the purview and shall be entitled to the proceeds from the sale of
coverage of this Decree. the goods, documents or instruments released
under a trust receipt to the entrustee to the extent
of the amount owing to the entruster or as
Section 5. Form of trust receipts; contents. A
appears in the trust receipt, or to the return of the
trust receipt need not be in any particular form,
goods, documents or instruments in case of non-
but every such receipt must substantially contain
sale, and to the enforcement of all other rights
(a) a description of the goods, documents or
conferred on him in the trust receipt provided
instruments subject of the trust receipt; (2) the
such are not contrary to the provisions of this
total invoice value of the goods and the amount
Decree.
of the draft to be paid by the entrustee; (3) an
undertaking or a commitment of the entrustee (a)
to hold in trust for the entruster the goods, The entruster may cancel the trust and take
documents or instruments therein described; (b) possession of the goods, documents or
to dispose of them in the manner provided for in instruments subject of the trust or of the
the trust receipt; and (c) to turn over the proceeds realized therefrom at any time upon
proceeds of the sale of the goods, documents or default or failure of the entrustee to comply with
instruments to the entruster to the extent of the any of the terms and conditions of the trust
amount owing to the entruster or as appears in receipt or any other agreement between the
the trust receipt or to return the goods, entruster and the entrustee, and the entruster in
documents or instruments in the event of their possession of the goods, documents or
non-sale within the period specified therein. instruments may, on or after default, give notice
to the entrustee of the intention to sell, and may,
not less than five days after serving or sending
The trust receipt may contain other terms and
of such notice, sell the goods, documents or
conditions agreed upon by the parties in addition

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instruments at public or private sale, and the disposition, irrespective of whether or not it was
entruster may, at a public sale, become a due to the fault or negligence of the entrustee,
purchaser. The proceeds of any such sale, shall not extinguish his obligation to the
whether public or private, shall be applied (a) to entruster for the value thereof.
the payment of the expenses thereof; (b) to the
payment of the expenses of re-taking, keeping Section 11. Rights of purchaser for value and in
and storing the goods, documents or good faith. Any purchaser of goods from an
instruments; (c) to the satisfaction of the entrustee with right to sell, or of documents or
entrustee's indebtedness to the entruster. The instruments through their customary form of
entrustee shall receive any surplus but shall be transfer, who buys the goods, documents, or
liable to the entruster for any deficiency. Notice instruments for value and in good faith from the
of sale shall be deemed sufficiently given if in entrustee, acquires said goods, documents or
writing, and either personally served on the instruments free from the entruster's security
entrustee or sent by post-paid ordinary mail to interest.
the entrustee's last known business address.
Section 12. Validity of entruster's security
Section 8. Entruster not responsible on sale by interest as against creditors. The entruster's
entrustee. The entruster holding a security security interest in goods, documents, or
interest shall not, merely by virtue of such instruments pursuant to the written terms of a
interest or having given the entrustee liberty of trust receipt shall be valid as against all creditors
sale or other disposition of the goods, documents of the entrustee for the duration of the trust
or instruments under the terms of the trust receipt agreement.
receipt transaction be responsible as principal or
as vendor under any sale or contract to sell made Section 13. Penalty clause. The failure of an
by the entrustee. entrustee to turn over the proceeds of the sale of
the goods, documents or instruments covered by
Section 9. Obligations of the entrustee. The a trust receipt to the extent of the amount owing
entrustee shall (1) hold the goods, documents or to the entruster or as appears in the trust receipt
instruments in trust for the entruster and shall or to return said goods, documents or
dispose of them strictly in accordance with the instruments if they were not sold or disposed of
terms and conditions of the trust receipt; (2) in accordance with the terms of the trust receipt
receive the proceeds in trust for the entruster and shall constitute the crime of estafa, punishable
turn over the same to the entruster to the extent under the provisions of Article Three hundred
of the amount owing to the entruster or as and fifteen, paragraph one (b) of Act Numbered
appears on the trust receipt; (3) insure the goods Three thousand eight hundred and fifteen, as
for their total value against loss from fire, theft, amended, otherwise known as the Revised Penal
pilferage or other casualties; (4) keep said goods Code. If the violation or offense is committed by
or proceeds thereof whether in money or a corporation, partnership, association or other
whatever form, separate and capable of juridical entities, the penalty provided for in this
identification as property of the entruster; (5) Decree shall be imposed upon the directors,
return the goods, documents or instruments in officers, employees or other officials or persons
the event of non-sale or upon demand of the therein responsible for the offense, without
entruster; and (6) observe all other terms and prejudice to the civil liabilities arising from the
conditions of the trust receipt not contrary to the criminal offense.
provisions of this Decree.
Section 14. Cases not covered by this
Section 10. Liability of entrustee for loss. The Decree. Cases not provided for in this Decree
risk of loss shall be borne by the entrustee. Loss shall be governed by the applicable provisions of
of goods, documents or instruments which are existing laws.
the subject of a trust receipt, pending their

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Section 15. Separability clause. If any provision rational application and exploitation of
or section of this Decree or the application information and communications technology
thereof to any person or circumstance is held (ICT) to attain free, easy, and intelligible access
invalid, the other provisions or sections hereof to exchange and/or delivery of information; and
and the application of such provisions or the need to protect and safeguard the integrity of
sections to other persons or circumstances shall computer, computer and communications
not be affected thereby. systems, networks, and databases, and the
confidentiality, integrity, and availability of
Section 16. Repealing clause. All Acts information and data stored therein, from all
inconsistent with this Decree are hereby forms of misuse, abuse, and illegal access by
repealed. making punishable under the law such conduct
or conducts. In this light, the State shall adopt
Section 17. This Decree shall take effect sufficient powers to effectively prevent and
immediately. combat such offenses by facilitating their
detection, investigation, and prosecution at both
Done in the City of Manila, this 29th day of the domestic and international levels, and by
January, in the year of Our Lord, nineteen providing arrangements for fast and reliable
hundred and seventy-three. international cooperation.

Section 3. Definition of Terms. For purposes

of this Act, the following terms are hereby
defined as follows:
REPUBLIC ACT NO. 10175
(a) Access refers to the instruction,
AN ACT DEFINING CYBERCRIME, communication with, storing data in, retrieving
PROVIDING FOR THE PREVENTION, data from, or otherwise making use of any
INVESTIGATION, SUPPRESSION AND resources of a computer system or
THE IMPOSITION OF PENALTIES communication network.
THEREFOR AND FOR OTHER
PURPOSES
(b) Alteration refers to the modification or
change, in form or substance, of an existing
Be it enacted by the Senate and House of computer data or program.
Representatives of the Philippines in Congress
assembled:
(c) Communication refers to the transmission of
information through ICT media, including voice,
CHAPTER I video and other forms of data.
PRELIMINARY PROVISIONS
(d) Computer refers to an electronic, magnetic,
Section 1. Title. This Act shall be known as optical, electrochemical, or other data processing
the "Cybercrime Prevention Act of 2012. or communications device, or grouping of such
devices, capable of performing logical,
Section 2. Declaration of Policy. The State arithmetic, routing, or storage functions and
recognizes the vital role of information and which includes any storage facility or equipment
communications industries such as content or communications facility or equipment directly
production, telecommunications, broadcasting related to or operating in conjunction with such
electronic commerce, and data processing, in the device. It covers any type of computer device
nations overall social and economic including devices with data processing
development. The State also recognizes the capabilities like mobile phones, smart phones,
importance of providing an environment computer networks and other devices connected
conducive to the development, acceleration, and to the internet.

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(e) Computer data refers to any representation of cyber environment and organization and users
facts, information, or concepts in a form suitable assets.
for processing in a computer system including a
program suitable to cause a computer system to (l) Database refers to a representation of
perform a function and includes electronic information, knowledge, facts, concepts, or
documents and/or electronic data messages instructions which are being prepared, processed
whether stored in local computer systems or or stored or have been prepared, processed or
online. stored in a formalized manner and which are
intended for use in a computer system.
(f) Computer program refers to a set of
instructions executed by the computer to achieve (m) Interception refers to listening to, recording,
intended results. monitoring or surveillance of the content of
communications, including procuring of the
(g) Computer system refers to any device or content of data, either directly, through access
group of interconnected or related devices, one and use of a computer system or indirectly,
or more of which, pursuant to a program, through the use of electronic eavesdropping or
performs automated processing of data. It covers tapping devices, at the same time that the
any type of device with data processing communication is occurring.
capabilities including, but not limited to,
computers and mobile phones. The device (n) Service provider refers to:
consisting of hardware and software may
include input, output and storage components (1) Any public or private entity that provides to
which may stand alone or be connected in a users of its service the ability to communicate by
network or other similar devices. It also includes means of a computer system; and
computer data storage devices or media.
(2) Any other entity that processes or stores
(h) Without right refers to either: (i) conduct computer data on behalf of such communication
undertaken without or in excess of authority; or service or users of such service.
(ii) conduct not covered by established legal
defenses, excuses, court orders, justifications, or (o) Subscribers information refers to any
relevant principles under the law. information contained in the form of computer
data or any other form that is held by a service
(i) Cyber refers to a computer or a computer provider, relating to subscribers of its services
network, the electronic medium in which online other than traffic or content data and by which
communication takes place. identity can be established:

(j) Critical infrastructure refers to the computer (1) The type of communication service used, the
systems, and/or networks, whether physical or technical provisions taken thereto and the period
virtual, and/or the computer programs, computer of service;
data and/or traffic data so vital to this country
that the incapacity or destruction of or (2) The subscribers identity, postal or
interference with such system and assets would geographic address, telephone and other access
have a debilitating impact on security, national numbers, any assigned network address, billing
or economic security, national public health and and payment information, available on the basis
safety, or any combination of those matters. of the service agreement or arrangement; and

(k) Cybersecurity refers to the collection of (3) Any other available information on the site
tools, policies, risk management approaches, of the installation of communication equipment,
actions, training, best practices, assurance and available on the basis of the service agreement
technologies that can be used to protect the or arrangement.

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(p) Traffic data or non-content data refers to any (aa) A device, including a computer program,
computer data other than the content of the designed or adapted primarily for the purpose of
communication including, but not limited to, the committing any of the offenses under this Act;
communications origin, destination, route, time, or
date, size, duration, or type of underlying
service. (bb) A computer password, access code, or
similar data by which the whole or any part of a
CHAPTER II computer system is capable of being accessed
PUNISHABLE ACTS with intent that it be used for the purpose of
committing any of the offenses under this Act.
Section 4. Cybercrime Offenses. The
following acts constitute the offense of (ii) The possession of an item referred to in
cybercrime punishable under this Act: paragraphs 5(i)(aa) or (bb) above with intent to
use said devices for the purpose of committing
(a) Offenses against the confidentiality, integrity any of the offenses under this section.
and availability of computer data and systems:
(6) Cyber-squatting. The acquisition of a
(1) Illegal Access. The access to the whole or domain name over the internet in bad faith to
any part of a computer system without right. profit, mislead, destroy reputation, and deprive
others from registering the same, if such a
(2) Illegal Interception. The interception made domain name is:
by technical means without right of any non-
public transmission of computer data to, from, or (i) Similar, identical, or confusingly similar to an
within a computer system including existing trademark registered with the
electromagnetic emissions from a computer appropriate government agency at the time of
system carrying such computer data. the domain name registration:

(3) Data Interference. The intentional or (ii) Identical or in any way similar with the name
reckless alteration, damaging, deletion or of a person other than the registrant, in case of a
deterioration of computer data, electronic personal name; and
document, or electronic data message, without
right, including the introduction or transmission (iii) Acquired without right or with intellectual
of viruses. property interests in it.

(4) System Interference. The intentional (b) Computer-related Offenses:

alteration or reckless hindering or interference
with the functioning of a computer or computer (1) Computer-related Forgery.
network by inputting, transmitting, damaging,
deleting, deteriorating, altering or suppressing (i) The input, alteration, or deletion of any
computer data or program, electronic document, computer data without right resulting in
or electronic data message, without right or inauthentic data with the intent that it be
authority, including the introduction or considered or acted upon for legal purposes as if
transmission of viruses. it were authentic, regardless whether or not the
data is directly readable and intelligible; or
(5) Misuse of Devices.
(ii) The act of knowingly using computer data
(i) The use, production, sale, procurement, which is the product of computer-related forgery
importation, distribution, or otherwise making as defined herein, for the purpose of
available, without right, of: perpetuating a fraudulent or dishonest design.

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(2) Computer-related Fraud. The (iii) The following conditions are present:
unauthorized input, alteration, or deletion of
computer data or program or interference in the (aa) The commercial electronic communication
functioning of a computer system, causing contains a simple, valid, and reliable way for the
damage thereby with fraudulent recipient to reject. receipt of further commercial
intent: Provided, That if no electronic messages (opt-out) from the same
source;
damage has yet been caused, the penalty
imposable shall be one (1) degree lower. (bb) The commercial electronic communication
does not purposely disguise the source of the
(3) Computer-related Identity Theft. The electronic message; and
intentional acquisition, use, misuse, transfer,
possession, alteration or deletion of identifying (cc) The commercial electronic communication
information belonging to another, whether does not purposely include misleading
natural or juridical, without information in any part of the message in order
right: Provided, That if no damage has yet been to induce the recipients to read the message.
caused, the penalty imposable shall be one (1)
degree lower. (4) Libel. The unlawful or prohibited acts of
libel as defined in Article 355 of the Revised
(c) Content-related Offenses: Penal Code, as amended, committed through a
computer system or any other similar means
(1) Cybersex. The willful engagement, which may be devised in the future.
maintenance, control, or operation, directly or
indirectly, of any lascivious exhibition of sexual Section 5. Other Offenses. The following acts
organs or sexual activity, with the aid of a shall also constitute an offense:
computer system, for favor or consideration.
(a) Aiding or Abetting in the Commission of
(2) Child Pornography. The unlawful or Cybercrime. Any person who willfully abets
prohibited acts defined and punishable or aids in the commission of any of the offenses
by Republic Act No. 9775 or the Anti-Child enumerated in this Act shall be held liable.
Pornography Act of 2009, committed through a
computer system: Provided, That the penalty to (b) Attempt in the Commission of Cybercrime.
be imposed shall be (1) one degree higher than Any person who willfully attempts to commit
that provided for in Republic Act No. any of the offenses enumerated in this Act shall
9775.1wphi1 be held liable.

(3) Unsolicited Commercial Communications. Section 6. All crimes defined and penalized by
The transmission of commercial electronic the Revised Penal Code, as amended, and
communication with the use of computer system special laws, if committed by, through and with
which seek to advertise, sell, or offer for sale the use of information and communications
products and services are prohibited unless: technologies shall be covered by the relevant
provisions of this Act: Provided, That the
(i) There is prior affirmative consent from the penalty to be imposed shall be one (1) degree
recipient; or higher than that provided for by the Revised
Penal Code, as amended, and special laws, as the
(ii) The primary intent of the communication is case may be.
for service and/or administrative announcements
from the sender to its existing users, subscribers Section 7. Liability under Other Laws. A
or customers; or prosecution under this Act shall be without
prejudice to any liability for violation of any

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provision of the Revised Penal Code, as (PhP50,000.00) but not exceeding Two hundred
amended, or special laws. fifty thousand pesos (PhP250,000.00) or both.

CHAPTER III Any person found guilty of any of the

PENALTIES punishable acts enumerated in Section 5 shall be
punished with imprisonment one (1) degree
Section 8. Penalties. Any person found lower than that of the prescribed penalty for the
guilty of any of the punishable acts enumerated offense or a fine of at least One hundred
in Sections 4(a) and 4(b) of this Act shall be thousand pesos (PhPl00,000.00) but not
punished with imprisonment of prision mayor or exceeding Five hundred thousand pesos
a fine of at least Two hundred thousand pesos (PhP500,000.00) or both.
(PhP200,000.00) up to a maximum amount
commensurate to the damage incurred or both. Section 9. Corporate Liability. When any of
the punishable acts herein defined are knowingly
Any person found guilty of the punishable act committed on behalf of or for the benefit of a
under Section 4(a)(5) shall be punished with juridical person, by a natural person acting either
imprisonment of prision mayor or a fine of not individually or as part of an organ of the
more than Five hundred thousand pesos juridical person, who has a leading position
(PhP500,000.00) or both. within, based on: (a) a power of representation
of the juridical person provided the act
If punishable acts in Section 4(a) are committed committed falls within the scope of such
against critical infrastructure, the penalty authority; (b) an authority to take decisions on
of reclusion temporal or a fine of at least Five behalf of the juridical person: Provided, That the
hundred thousand pesos (PhP500,000.00) up to act committed falls within the scope of such
maximum amount commensurate to the damage authority; or (c) an authority to exercise control
incurred or both, shall be imposed. within the juridical person, the juridical person
shall be held liable for a fine equivalent to at
Any person found guilty of any of the least double the fines imposable in Section 7 up
punishable acts enumerated in Section 4(c)(1) of to a maximum of Ten million pesos
this Act shall be punished with imprisonment (PhP10,000,000.00).
of prision mayor or a fine of at least Two
hundred thousand pesos (PhP200,000.00) but If the commission of any of the punishable acts
not exceeding One million pesos herein defined was made possible due to the lack
(PhPl,000,000.00) or both. of supervision or control by a natural person
referred to and described in the preceding
Any person found guilty of any of the paragraph, for the benefit of that juridical person
punishable acts enumerated in Section 4(c)(2) of by a natural person acting under its authority, the
this Act shall be punished with the penalties as juridical person shall be held liable for a fine
enumerated in Republic Act No. 9775 or the equivalent to at least double the fines imposable
"Anti-Child Pornography Act of in Section 7 up to a maximum of Five million
2009: Provided,That the penalty to be imposed pesos (PhP5,000,000.00).
shall be one (1) degree higher than that provided
for in Republic Act No. 9775, if committed The liability imposed on the juridical person
through a computer system. shall be without prejudice to the criminal
liability of the natural person who has
Any person found guilty of any of the committed the offense.
punishable acts enumerated in Section 4(c)(3)
shall be punished with imprisonment of arresto CHAPTER IV
mayor or a fine of at least Fifty thousand pesos ENFORCEMENT AND
IMPLEMENTATION

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Section 10. Law Enforcement Authorities. crimes enumerated hereinabove has been
The National Bureau of Investigation (NBI) and committed, or is being committed, or is about to
the Philippine National Police (PNP) shall be be committed: (2) that there are reasonable
responsible for the efficient and effective law grounds to believe that evidence that will be
enforcement of the provisions of this Act. The obtained is essential to the conviction of any
NBI and the PNP shall organize a cybercrime person for, or to the solution of, or to the
unit or center manned by special investigators to prevention of, any such crimes; and (3) that
exclusively handle cases involving violations of there are no other means readily available for
this Act. obtaining such evidence.

Section 11. Duties of Law Enforcement Section 13. Preservation of Computer Data.
Authorities. To ensure that the technical The integrity of traffic data and subscriber
nature of cybercrime and its prevention is given information relating to communication services
focus and considering the procedures involved provided by a service provider shall be
for international cooperation, law enforcement preserved for a minimum period of six (6)
authorities specifically the computer or months from the date of the transaction. Content
technology crime divisions or units responsible data shall be similarly preserved for six (6)
for the investigation of cybercrimes are required months from the date of receipt of the order
to submit timely and regular reports including from law enforcement authorities requiring its
pre-operation, post-operation and investigation preservation.
results and such other documents as may be
required to the Department of Justice (DOJ) for Law enforcement authorities may order a one-
review and monitoring. time extension for another six (6)
months: Provided, That once computer data
Section 12. Real-Time Collection of Traffic preserved, transmitted or stored by a service
Data. Law enforcement authorities, with due provider is used as evidence in a case, the mere
cause, shall be authorized to collect or record by furnishing to such service provider of the
technical or electronic means traffic data in real- transmittal document to the Office of the
time associated with specified communications Prosecutor shall be deemed a notification to
transmitted by means of a computer system. preserve the computer data until the termination
of the case.
Traffic data refer only to the communications
origin, destination, route, time, date, size, The service provider ordered to preserve
duration, or type of underlying service, but not computer data shall keep confidential the order
content, nor identities. and its compliance.

All other data to be collected or seized or Section 14. Disclosure of Computer Data.
disclosed will require a court warrant. Law enforcement authorities, upon securing a
court warrant, shall issue an order requiring any
Service providers are required to cooperate and person or service provider to disclose or submit
assist law enforcement authorities in the subscribers information, traffic data or relevant
collection or recording of the above-stated data in his/its possession or control within
information. seventy-two (72) hours from receipt of the order
in relation to a valid complaint officially
The court warrant required under this section docketed and assigned for investigation and the
shall only be issued or granted upon written disclosure is necessary and relevant for the
application and the examination under oath or purpose of investigation.
affirmation of the applicant and the witnesses he
may produce and the showing: (1) that there are Section 15. Search, Seizure and Examination of
reasonable grounds to believe that any of the Computer Data. Where a search and seizure

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warrant is properly issued, the law enforcement the deposit, among other relevant data. The law
authorities shall likewise have the following enforcement authority shall also certify that no
powers and duties. duplicates or copies of the whole or any part
thereof have been made, or if made, that all such
Within the time period specified in the warrant, duplicates or copies are included in the package
to conduct interception, as defined in this Act, deposited with the court. The package so
and: deposited shall not be opened, or the recordings
replayed, or used in evidence, or then contents
(a) To secure a computer system or a computer revealed, except upon order of the court, which
data storage medium; shall not be granted except upon motion, with
due notice and opportunity to be heard to the
(b) To make and retain a copy of those computer person or persons whose conversation or
data secured; communications have been recorded.

(c) To maintain the integrity of the relevant Section 17. Destruction of Computer Data.
stored computer data; Upon expiration of the periods as provided in
Sections 13 and 15, service providers and law
(d) To conduct forensic analysis or examination enforcement authorities, as the case may be,
of the computer data storage medium; and shall immediately and completely destroy the
computer data subject of a preservation and
examination.
(e) To render inaccessible or remove those
computer data in the accessed computer or
computer and communications network. Section 18. Exclusionary Rule. Any evidence
procured without a valid warrant or beyond the
authority of the same shall be inadmissible for
Pursuant thereof, the law enforcement
any proceeding before any court or tribunal.
authorities may order any person who has
knowledge about the functioning of the
computer system and the measures to protect Section 19. Restricting or Blocking Access to
and preserve the computer data therein to Computer Data. When a computer data is
provide, as is reasonable, the necessary prima facie found to be in violation of the
information, to enable the undertaking of the provisions of this Act, the DOJ shall issue an
search, seizure and examination. order to restrict or block access to such
computer data.
Law enforcement authorities may request for an
extension of time to complete the examination of Section 20. Noncompliance. Failure to
the computer data storage medium and to make comply with the provisions of Chapter IV hereof
a return thereon but in no case for a period specifically the orders from law enforcement
longer than thirty (30) days from date of authorities shall be punished as a violation of
approval by the court. Presidential Decree No. 1829 with imprisonment
of prision correctional in its maximum period or
a fine of One hundred thousand pesos
Section 16. Custody of Computer Data. All
(Php100,000.00) or both, for each and every
computer data, including content and traffic
noncompliance with an order issued by law
data, examined under a proper warrant shall,
enforcement authorities.
within forty-eight (48) hours after the expiration
of the period fixed therein, be deposited with the
court in a sealed package, and shall be CHAPTER V
accompanied by an affidavit of the law JURISDICTION
enforcement authority executing it stating the
dates and times covered by the examination, and Section 21. Jurisdiction. The Regional Trial
the law enforcement authority who may access Court shall have jurisdiction over any violation

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of the provisions of this Act. including any Section 25. Composition. The CICC shall be
violation committed by a Filipino national headed by the Executive Director of the
regardless of the place of commission. Information and Communications Technology
Jurisdiction shall lie if any of the elements was Office under the Department of Science and
committed within the Philippines or committed Technology (ICTO-DOST) as Chairperson with
with the use of any computer system wholly or the Director of the NBI as Vice Chairperson; the
partly situated in the country, or when by such Chief of the PNP; Head of the DOJ Office of
commission any damage is caused to a natural or Cybercrime; and one (1) representative from the
juridical person who, at the time the offense was private sector and academe, as members. The
committed, was in the Philippines. CICC shall be manned by a secretariat of
selected existing personnel and representatives
There shall be designated special cybercrime from the different participating
courts manned by specially trained judges to agencies.1wphi1
handle cybercrime cases.
Section 26. Powers and Functions. The
CHAPTER VI CICC shall have the following powers and
INTERNATIONAL COOPERATION functions:

Section 22. General Principles Relating to (a) To formulate a national cybersecurity plan
International Cooperation. All relevant and extend immediate assistance for the
international instruments on international suppression of real-time commission of
cooperation in criminal matters, arrangements cybercrime offenses through a computer
agreed on the basis of uniform or reciprocal emergency response team (CERT);
legislation, and domestic laws, to the widest
extent possible for the purposes of investigations (b) To coordinate the preparation of appropriate
or proceedings concerning criminal offenses and effective measures to prevent and suppress
related to computer systems and data, or for the cybercrime activities as provided for in this Act;
collection of evidence in electronic form of a
criminal, offense shall be given full force and (c) To monitor cybercrime cases being bandied
effect. by participating law enforcement and
prosecution agencies;
CHAPTER VII
COMPETENT AUTHORITIES (d) To facilitate international cooperation on
intelligence, investigations, training and capacity
Section 23. Department of Justice (DOJ). building related to cybercrime prevention,
There is hereby created an Office of Cybercrime suppression and prosecution;
within the DOJ designated as the central
authority in all matters related to international (e) To coordinate the support and participation
mutual assistance and extradition. of the business sector, local government units
and nongovernment organizations in cybercrime
Section 24. Cybercrime Investigation and prevention programs and other related projects;
Coordinating Center. There is hereby
created, within thirty (30) days from the (f) To recommend the enactment of appropriate
effectivity of this Act, an inter-agency body to laws, issuances, measures and policies;
be known as the Cybercrime Investigation and
Coordinating Center (CICC), under the (g) To call upon any government agency to
administrative supervision of the Office of the render assistance in the accomplishment of the
President, for policy coordination among CICCs mandated tasks and functions; and
concerned agencies and for the formulation and
enforcement of the national cybersecurity plan.

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(h) To perform all other matters related to Be it enacted by the Senate and the House of
cybercrime prevention and suppression, Representatives of the Philippines in Congress
including capacity building and such other assembled:
functions and duties as may be necessary for the
proper implementation of this Act. SECTION 1. Short Title. - This Act shall
henceforth be known as the "Human Security
CHAPTER VIII Act of 2007."
FINAL PROVISIONS
SEC. 2. Declaration of Policy. - It is declared a
Section 27. Appropriations. The amount of policy of the State to protect life, liberty, and
Fifty million pesos (PhP50,000,000_00) shall be property from acts of terrorism, to condemn
appropriated annually for the implementation of terrorism as inimical and dangerous to the
this Act. national security of the country and to the
welfare of the people, and to make terrorism a
Section 28. Implementing Rules and crime against the Filipino people, against
Regulations. The ICTO-DOST, the DOJ and humanity, and against the law of nations.
the Department of the Interior and Local
Government (DILG) shall jointly formulate the In the implementation of the policy stated above,
necessary rules and regulations within ninety the State shall uphold the basic rights and
(90) days from approval of this Act, for its fundamental liberties of the people as enshrined
effective implementation. in the Constitution.

Section 29. Separability Clause If any The State recognizes that the fight against
provision of this Act is held invalid, the other terrorism requires a comprehensive approach,
provisions not affected shall remain in full force comprising political, economic, diplomatic,
and effect. military, and legal means duly taking into
account the root causes of terrorism without
Section 30. Repealing Clause. All laws, acknowledging these as justifications for
decrees or rules inconsistent with this Act are terrorist and/or criminal activities. Such
hereby repealed or modified accordingly. measures shall include conflict management and
Section 33(a) of Republic Act No. 8792 or the post-conflict peace-building, addressing the
"Electronic Commerce Act" is hereby modified roots of conflict by building state capacity and
accordingly. promoting equitable economic development.

Section 31. Effectivity. This Act shall take Nothing in this Act shall be interpreted as a
effect fifteen (15) days after the completion of curtailment, restriction or diminution of
its publication in the Official Gazette or in at constitutionally recognized powers of the
least two (2) newspapers of general circulation. executive branch of the government. It is to be
understood, however that the exercise of the
constitutionally recognized powers of the
executive department of the government shall
not prejudice respect for human rights which
Republic Act No. 9372
shall be absolute and protected at all times.
March 6, 2007
SEC. 3. Terrorism.- Any person who commits
an act punishable under any of the following
AN ACT TO SECURE THE STATE AND provisions of the Revised Penal Code:
PROTECT OUR PEOPLE FROM
TERRORISM
a. Article 122 (Piracy in General and Mutiny in
the High Seas or in the Philippine Waters);

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b. Article 134 (Rebellion or Insurrection); There is conspiracy when two or more persons
come to an agreement concerning the
c. Article 134-a (Coup d' Etat), including acts commission of the crime of terrorism as defined
committed by private persons; in Section 3 hereof and decide to commit the
same.
d. Article 248 (Murder);
SEC. 5. Accomplice. - Any person who, not
e. Article 267 (Kidnapping and Serious Illegal being a principal under Article 17 of the Revised
Detention); Penal Code or a conspirator as defined in
Section 4 hereof, cooperates in the execution of
f. Article 324 (Crimes Involving Destruction), or either the crime of terrorism or conspiracy to
under commit terrorism by previous or simultaneous
acts shall suffer the penalty of from seventeen
1. Presidential Decree No. 1613 (The Law on (17) years, four months one day to twenty (20)
Arson); years of imprisonment.

2. Republic Act No. 6969 (Toxic Substances and SEC. 6. Accessory. - Any person who, having
Hazardous and Nuclear Waste Control Act of knowledge of the commission of the crime of
1990); terrorism or conspiracy to commit terrorism, and
without having participated therein, either as
principal or accomplice under Articles 17 and 18
3. Republic Act No. 5207, (Atomic Energy
of the Revised Penal Code, takes part
Regulatory and Liability Act of 1968);
subsequent to its commission in any of the
following manner: (a) by profiting himself or
4. Republic Act No. 6235 (Anti-Hijacking Law); assisting the offender to profit by the effects of
the crime; (b) by concealing or destroying the
5. Presidential Decree No. 532 (Anti-Piracy and body of the crime, or the effects, or instruments
Anti-Highway Robbery Law of 1974); and, thereof, in order to prevent its discovery; (c) by
harboring, concealing, or assisting in the escape
6. Presidential Decree No. 1866, as amended of the principal or conspirator of the crime, shall
(Decree Codifying the Laws on Illegal and suffer the penalty of ten (10) years and one day
Unlawful Possession, Manufacture, Dealing in, to twelve (12) years of imprisonment.
Acquisition or Disposition of Firearms,
Ammunitions or Explosives) Notwithstanding the above paragraph, the
penalties prescribed for accessories shall not be
thereby sowing and creating a condition of imposed upon those who are such with respect
widespread and extraordinary fear and panic to their spouses, ascendants, descendants,
among the populace, in order to coerce the legitimate, natural, and adopted brothers and
government to give in to an unlawful demand sisters, or relatives by affinity within the same
shall be guilty of the crime of terrorism and shall degrees, with the single exception of accessories
suffer the penalty of forty (40) years of falling within the provisions of subparagraph (a).
imprisonment, without the benefit of parole as
provided for under Act No. 4103, otherwise SEC. 7. Surveillance of Suspects and
known as the Indeterminate Sentence Law, as Interception and Recording of
amended. Communications. -The provisions of Republic
Act No. 4200 (Anti-Wire Tapping Law) to the
SEC. 4. Conspiracy to Commit Terrorism. - contrary notwithstanding, a police or law
Persons who conspire to commit the crime of enforcement official and the members of his
terrorism shall suffer the penalty of forty (40) team may, upon a written order of the Court of
years of imprisonment. Appeals, listen to, intercept and record, with the

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use of any mode, form, kind or type of electronic SEC. 9. Classification and Contents of the
or other surveillance equipment or intercepting Order of the Court. - The written order granted
and tracking devices, or with the use of any by the authorizing division of the Court of
other suitable ways and means for that purpose, Appeals as well as its order, if any, to extend or
any communication, message, conversation, renew the same, the original application of the
discussion, or spoken or written words between applicant, including his application to extend or
members of a judicially declared and outlawed renew, if any, and the written authorizations of
terrorist organization, association, or group of the Anti-Terrorism Council shall be deemed and
persons or of any person charged with or are hereby declared as classified information:
suspected of the crime of terrorism or conspiracy Provided, That the person being surveilled or
to commit terrorism. whose communications, letters, papers,
messages, conversations, discussions, spoken or
Provided, That surveillance, interception and written words and effects have been monitored,
recording of communications between lawyers listened to, bugged or recorded by law
and clients, doctors and patients, journalists and enforcement authorities has the right to be
their sources and confidential business informed of the acts done by the law
correspondence shall not be authorized. enforcement authorities in the premises or to
challenge, if he or she intends to do so, the
SEC. 8. Formal Application for Judicial legality of the interference before the Court of
Authorization. - The written order of the Appeals which issued the written order. The
authorizing division of the Court of Appeals to written order of the authorizing division of the
track down, tap, listen to, intercept, and record Court of Appeals shall specify the following: (a)
communications, messages, conversations, the identity, such as name and address, if known,
discussions, or spoken or written words of any of the charged or suspected person whose
person suspected of the crime of terrorism or the communications, messages, conversations,
crime of conspiracy to commit terrorism shall discussions, or spoken or written words are to be
only be granted by the authorizing division of tracked down, tapped, listened to, intercepted,
the Court of Appeals upon an ex parte written and recorded and, in the case of radio,
application of a police or of a law enforcement electronic, or telephonic (whether wireless or
official who has been duly authorized in writing otherwise) communications, messages,
by the Anti-Terrorism Council created in conversations, discussions, or spoken or written
Section 53 of this Act to file such ex parte words, the electronic transmission systems or the
application, and upon examination under oath or telephone numbers to be tracked down, tapped,
affirmation of the applicant and the witnesses he listened to, intercepted, and recorded and their
may produce to establish: (a) that there is locations or if the person suspected of the crime
probable cause to believe based on personal of terrorism or conspiracy to commit terrorism is
knowledge of facts or circumstances that the not fully known, such person shall be subject to
said crime of terrorism or conspiracy to commit continuous surveillance provided there is a
terrorism has been committed, or is being reasonable ground to do so; (b) the identity
committed, or is about to be committed; (b) that (name, address, and the police or law
there is probable cause to believe based on enforcement organization) of the police or of the
personal knowledge of facts or circumstances law enforcement official, including the
that evidence, which is essential to the individual identity (names, addresses, and the
conviction of any charged or suspected person police or law enforcement organization) of the
for, or to the solution or prevention of, any such members of his team, judicially authorized to
crimes, will be obtained; and, (c) that there is no track down, tap, listen to, intercept, and record
other effective means readily available for the communications, messages, conversations,
acquiring such evidence. discussions, or spoken or written words; (c) the
offense or offenses committed, or being
committed, or sought to be prevented; and, (d)

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the length of time within which the authorization recording of the termination of the said
shall be used or carried out. surveillance, interception and recording. The
penalty of ten (10) years and one day to twelve
SEC. 10. Effective Period of Judicial (12) years of imprisonment shall be imposed
Authorization. - Any authorization granted by upon the applicant police or law enforcement
the authorizing division of the Court of Appeals, official who fails to notify the person subject of
pursuant to Section 9(d) of this Act, shall only the surveillance, monitoring, interception and
be effective for the length of time specified in recording as specified above.
the written order of the authorizing division of
the Court of Appeals, which shall not exceed a SEC. 11. Custody of Intercepted and Recorded
period of thirty (30) days from the date of Communications. - All tapes, discs, and
receipt of the written order of the authorizing recordings made pursuant to the authorization of
division of the Court of Appeals by the applicant the authorizing division of the Court of Appeals,
police or law enforcement official. including all excerpts and summaries thereof as
well as all written notes or memoranda made in
The authorizing division of the Court of Appeals connection therewith, shall, within forty-eight
may extend or renew the said authorization for (48) hours after the expiration of the period
another non-extendible period, which shall not fixed in the written order of the authorizing
exceed thirty (30) days from the expiration of division of the Court of Appeals or within forty-
the original period: Provided, That the eight (48) hours after the expiration of any
authorizing division of the Court of Appeals is extension or renewal granted by the authorizing
satisfied that such extension or renewal is in the division of the Court of Appeals, be deposited
public interest: and Provided, further, That the with the authorizing Division of the Court of
ex parte application for extension or renewal, Appeals in a sealed envelope or sealed package,
which must be filed by the original applicant, as the case may be, and shall be accompanied by
has been duly authorized in writing by the Anti- a joint affidavit of the applicant police or law
Terrorism Council. enforcement official and the members of his
team.
In case of death of the original applicant or in
case he is physically disabled to file the In case of death of the applicant or in case he is
application for extension or renewal, the one physically disabled to execute the required
next in rank to the original applicant among the affidavit, the one next in rank to the applicant
members of the team named in the original among the members of the team named in the
written order of the authorizing division of the written order of the authorizing division of the
Court of Appeals shall file the application for Court of Appeals shall execute with the
extension or renewal: Provided, That, without members of the team that required affidavit.
prejudice to the liability of the police or law
enforcement personnel under Section 20 hereof, It shall be unlawful for any person, police officer
the applicant police or law enforcement official or any custodian of the tapes, discs and
shall have thirty (30) days after the termination recording, and their excerpts and summaries,
of the period granted by the Court of Appeals as written notes or memoranda to copy in whatever
provided in the preceding paragraphs within form, to remove, delete, expunge, incinerate,
which to file the appropriate case before the shred or destroy in any manner the items
Public Prosecutor's Office for any violation of enumerated above in whole or in part under any
this Act. pretext whatsoever.

If no case is filed within the thirty (30)-day Any person who removes, deletes, expunges,
period, the applicant police or law enforcement incinerates, shreds or destroys the items
official shall immediately notify the person enumerated above shall suffer a penalty of not
subject of the surveillance, interception and

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less than six years and one day to twelve (12) contents thereof, which are deposited with the
years of imprisonment. authorizing division of the Court of Appeals,
shall be deemed and are hereby declared
SEC. 12. Contents of Joint Affidavit. - The classified information, and the sealed envelope
joint affidavit of the police or of the law or sealed package shall not be opened and its
enforcement official and the individual members contents (including the tapes, discs, and
of his team shall state: (a) the number of tapes, recordings and all the excerpts and summaries
discs, and recordings that have been made, as thereof and the notes and memoranda made in
well as the number of excerpts and summaries connection therewith) shall not be divulged,
thereof and the number of written notes and revealed, read, replayed, or used as evidence
memoranda, if any, made in connection unless authorized by written order of the
therewith; (b) the dates and times covered by authorizing division of the Court of Appeals,
each of such tapes, discs, and recordings; (c) the which written order shall be granted only upon a
number of tapes, discs, and recordings, as well written application of the Department of Justice
as the number of excerpts and summaries thereof filed before the authorizing division of the Court
and the number of written notes and memoranda of Appeals and only upon a showing that the
made in connection therewith that have been Department of Justice has been duly authorized
included in the deposit; and (d) the date of the in writing by the Anti-Terrorism Council to file
original written authorization granted by the the application with proper written notice the
Anti-Terrorism Council to the applicant to file person whose conversation, communication,
the ex parte application to conduct the tracking message discussion or spoken or written words
down, tapping, intercepting, and recording, as have been the subject of surveillance,
well as the date of any extension or renewal of monitoring, recording and interception to open,
the original written authority granted by the reveal, divulge, and use the contents of the
authorizing division of the Court of Appeals. sealed envelope or sealed package as evidence.

The joint affidavit shall also certify under oath Any person, law enforcement official or judicial
that no duplicates or copies of the whole or any authority who violates his duty to notify in
part of any of such tapes, discs, and recordings, writing the persons subject of the surveillance as
and that no duplicates or copies of the whole or defined above shall suffer the penalty of six
any part of any of such excerpts, summaries, years and one day to eight years of
written notes, and memoranda, have been made, imprisonment.
or, if made, that all such duplicates and copies
are included in the sealed envelope or sealed SEC. 14. Application to Open Deposited Sealed
package, as the case may be, deposited with the Envelope or Sealed Package. - The written
authorizing division of the Court of Appeals. application with notice to the party concerned to
open the deposited sealed envelope or sealed
It shall be unlawful for any person, police or law package shall clearly state the purpose or reason:
enforcement official to omit or exclude from the (a) for opening the sealed envelope or sealed
joint affidavit any item or portion thereof package; (b) for revealing or disclosing its
mentioned in this Section. classified contents; (c) for replaying, divulging,
and or reading any of the listened to, intercepted,
Any person, police or law enforcement officer and recorded communications, messages,
who violates any of the acts prescribed in the conversations, discussions, or spoken or written
preceding paragraph shall suffer the penalty of words (including any of the excerpts and
not less than ten (10) years and one day to summaries thereof and any of the notes or
twelve (12) years of imprisonment. memoranda made in connection therewith); [
and, (d) for using any of said listened to,
SEC. 13. Disposition of Deposited Material. - intercepted, and recorded communications,
The sealed envelope or sealed package and the messages, conversations, discussions, or spoken
or written words (including any of the excerpts

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and summaries thereof and any of the notes or conversation, discussion, or spoken or written
memoranda made in connection therewith) as words of a person charged with or suspected of
evidence. the crime of terrorism or conspiracy to commit
terrorism: Provided, That notwithstanding
Any person, law enforcement official or judicial Section 13 of this Act, the party aggrieved by
authority who violates his duty to notify as such authorization shall be allowed access to the
defined above shall suffer the penalty of six sealed envelope or sealed package and the
years and one day to eight years of contents thereof as evidence for the prosecution
imprisonment. of any police or law enforcement personnel who
maliciously procured said authorization.
SEC. 15. Evidentiary Value of Deposited
Materials. - Any listened to, intercepted, and SEC. 17. Proscription of Terrorist
recorded communications, messages, Organizations, Association, or Group of
conversations, discussions, or spoken or written Persons. - Any organization, association, or
words, or any part or parts thereof, or any group of persons organized for the purpose of
information or fact contained therein, including engaging in terrorism, or which, although not
their existence, content, substance, purport, organized for that purpose, actually uses the acts
effect, or meaning, which have been secured in to terrorize mentioned in this Act or to sow and
violation of the pertinent provisions of this Act, create a condition of widespread and
shall absolutely not be admissible and usable as extraordinary fear and panic among the populace
evidence against anybody in any judicial, quasi- in order to coerce the government to give in to
judicial, legislative, or administrative an unlawful demand shall, upon application of
investigation, inquiry, proceeding, or hearing. the Department of Justice before a competent
Regional Trial Court, with due notice and
SEC. 16. Penalty for Unauthorized or opportunity to be heard given to the
Malicious Interceptions and/or Recordings. - organization, association, or group of persons
Any police or law enforcement personnel who, concerned, be declared as a terrorist and
not being authorized to do so by the authorizing outlawed organization, association, or group of
division of the Court of Appeals, tracks down, persons by the said Regional Trial Court.
taps, listens to, intercepts, and records in
whatever manner or form any communication, SEC. 18. Period of Detention Without Judicial
message, conversation, discussion, or spoken or Warrant of Arrest. - The provisions of Article
written word of a person charged with or 125 of the Revised Penal Code to the contrary
suspected of the crime of terrorism or the crime notwithstanding, any police or law enforcement
of conspiracy to commit terrorism shall be guilty personnel, who, having been duly authorized in
of an offense and shall suffer the penalty of ten writing by the Anti-Terrorism Council has taken
(10) years and one day to twelve (12) years of custody of a person charged with or suspected of
imprisonment. the crime of terrorism or the crime of conspiracy
to commit terrorism shall, without incurring any
In addition to the liability attaching to the criminal liability for delay in the delivery of
offender for the commission of any other detained persons to the proper judicial
offense, the penalty of ten (10) years and one authorities, deliver said charged or suspected
day to twelve (12) years of imprisonment and person to the proper judicial authority within a
the accessory penalty of perpetual absolute period of three days counted from the moment
disqualification from public office shall be the said charged or suspected person has been
imposed upon any police or law enforcement apprehended or arrested, detained, and taken
personnel who maliciously obtained an authority into custody by the said police, or law
from the Court of Appeals to track down, tap, enforcement personnel: Provided, That the arrest
listen to, intercept, and record in whatever of those suspected of the crime of terrorism or
manner or form any communication, message, conspiracy to commit terrorism must result from
the surveillance under Section 7 and

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examination of bank deposits under Section 27 municipal, city, provincial or regional official of
of this Act. a Human Rights Commission or judge of the
municipal, regional trial court, the
The police or law enforcement personnel Sandiganbayan or a justice of the Court of
concerned shall, before detaining the person Appeals nearest the place of the arrest. If the
suspected of the crime of terrorism, present him arrest is made during Saturdays, Sundays,
or her before any judge at the latter's residence holidays or after office hours, the arresting
or office nearest the place where the arrest took police or law enforcement personnel shall bring
place at any time of the day or night. It shall be the person thus arrested to the residence of any
the duty of the judge, among other things, to of the officials mentioned above that is nearest
ascertain the identity of the police or law the place where the accused was arrested. The
enforcement personnel and the person or persons approval in writing of any of the said officials
they have arrested and presented before him or shall be secured by the police or law
her, to inquire of them the reasons why they enforcement personnel concerned within five
have arrested the person and determine by days after the date of the detention of the
questioning and personal observation whether or persons concerned: Provided, however, That
not the suspect has been subjected to any within three days after the detention the
physical, moral or psychological torture by suspects, whose connection with the terror attack
whom and why. The judge shall then submit a or threat is not established, shall be released
written report of what he/she had observed when immediately.
the subject was brought before him to the proper
court that has jurisdiction over the case of the SEC. 20. Penalty for Failure to Deliver Suspect
person thus arrested. The judge shall forthwith to the Proper Judicial Authority within Three
submit his/her report within three calendar days Days. - The penalty of ten (10) years and one
from the time the suspect was brought to his/her day to twelve (12) years of imprisonment shall
residence or office. be imposed upon any police or law enforcement
personnel who has apprehended or arrested,
Immediately after taking custody of a person detained and taken custody of a person charged
charged with or suspected of the crime of with or suspected of the crime of terrorism or
terrorism or conspiracy to commit terrorism, the conspiracy to commit terrorism and fails to
police or law enforcement personnel shall notify deliver such charged or suspected person to the
in writing the judge of the court nearest the place proper judicial authority within the period of
of apprehension or arrest: Provided ,That where three days.
the arrest is made during Saturdays, Sundays,
holidays or after office hours, the written notice SEC. 21. Rights of a Person under Custodial
shall be served at the residence of the judge Detention. - The moment a person charged with
nearest the place where the accused was or suspected of the crime of terrorism or the
arrested. crime of conspiracy to commit terrorism is
apprehended or arrested and detained, he shall
The penalty of ten (10) years and one day to forthwith be informed, by the arresting police or
twelve (12) years of imprisonment shall be law enforcement officers or by the police or law
imposed upon the police or law enforcement enforcement officers to whose custody the
personnel who fails to notify and judge as person concerned is brought, of his or her right:
Provided in the preceding paragraph. (a) to be informed of the nature and cause of his
arrest, to remain silent and to have competent
SEC. 19. Period of Detention in the Event of and independent counsel preferably of his
an Actual or Imminent Terrorist Attack. - In choice. If the person cannot afford the services
the event of an actual or imminent terrorist of counsel of his or her choice, the police or law
attack, suspects may not be detained for more enforcement officers concerned shall
than three days without the written approval of a immediately contact the free legal assistance
unit of the Integrated Bar of the Philippines

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(IBP) or the Public Attorney's Office (PAO). It consanguinity or affinity within the fourth civil
shall be the duty of the free legal assistance unit degree or his or her physician at any time of the
of the IBP or the PAO thus contacted to day or night without any form of restriction. The
immediately visit the person(s) detained and logbook shall contain a clear and concise record
provide him or her with legal assistance. These of: (a) the name, description, and address of the
rights cannot be waived except in writing and in detained person; (b) the date and exact time of
the presence of the counsel of choice; (b) his initial admission for custodial arrest and
informed of the cause or causes of his detention detention; (c) the name and address of the
in the presence of his legal counsel; (c) allowed physician or physicians who examined him
to communicate freely with his legal counsel and physically and medically; (d) the state of his
to confer with them at any time without health and physical condition at the time of his
restriction; (d) allowed to communicate freely initial admission for custodial detention; (e) the
and privately without restrictions with the date and time of each removal of the detained
members of his family or with his nearest person from his cell for interrogation or for any
relatives and to be visited by them; and, (e) purpose; (f) the date and time of his return to his
allowed freely to avail of the service of a cell; (g) the name and address of the physician
physician or physicians of choice. or physicians who physically and medically
examined him after each interrogation; (h) a
SEC. 22. Penalty for Violation of the Rights of summary of the physical and medical findings
a Detainee. - Any police or law enforcement on the detained person after each of such
personnel, or any personnel of the police or interrogation; (i) the names and addresses of his
other law enforcement custodial unit that family members and nearest relatives, if any and
violates any of the aforesaid rights of a person if available; (j) the names and addresses of
charged with or suspected of the crime of persons, who visit the detained person; (k) the
terrorism or the crime of conspiracy to commit date and time of each of such visits; (1) the date
terrorism shall be guilty of an offense and shall and time of each request of the detained person
suffer the penalty of ten (10) years and one day to communicate and confer with his legal
to twelve (12) years of imprisonment. counsel or counsels; (m) the date and time of
each visit, and date and time of each departure
Unless the police or law enforcement personnel of his legal counsel or counsels; and, (n) all
who violated the rights of a detainee or detainees other important events bearing on and all
as stated above is duly identified, the same relevant details regarding the treatment of the
penalty shall be imposed on the police officer or detained person while under custodial arrest and
hear or leader of the law enforcement unit detention.
having custody of the detainee at the time the
violation was done. The said police or law enforcement custodial
unit shall upon demand of the aforementioned
SEC. 23. Requirement for an Official lawyer or lawyers or members of the family or
Custodial Logbook and its Contents. - The relatives within the fourth civil degree of
police or other law enforcement custodial unit in consanguinity or affinity of the person under
whose care and control the person charged with custody or his or her physician issue a certified
or suspected of the crime of terrorism or the true copy of the entries of the logbook relative to
crime of conspiracy to commit terrorism has the concerned detained person without delay or
been placed under custodial arrest and detention restriction or requiring any fees whatsoever
shall keep a securely and orderly maintained including documentary stamp tax, notarial fees,
official logbook, which is hereby declared as a and the like. This certified true copy may be
public document and opened to and made attested by the person who has custody of the
available for .the inspection and scrutiny of the logbook or who allowed the party concerned to
lawyer or lawyers of the person under custody or scrutinize it at the time the demand for the
any member of his or her family or relative by certified true copy is made.

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The police or other law enforcement custodial SEC. 26. Restriction on Travel. - In cases where
unit who fails to comply with the preceding evidence of guilt is not strong, and the person
paragraph to keep an official logbook shall charged with the crime of terrorism or
suffer the penalty of ten (10) years and one day conspiracy to commit terrorism is entitled to bail
to twelve (12) years of imprisonment. and is granted the same, the court, upon
application by the prosecutor, shall limit the
SEC. 24. No Torture or Coercion in right of travel of the accused to within the
Investigation and Interrogation. - No threat, municipality or city where he resides or where
intimidation, or coercion, and no act which will the case is pending, in the interest of national
inflict any form of physical pain or torment, or security and public safety, consistent with
mental, moral, or psychological pressure, on the Article III, Section 6 of the Constitution. Travel
detained person, which shall vitiate his freewill, outside of said municipality or city, without the
shall be employed in his investigation and authorization of the court, shall be deemed a
interrogation for the crime of terrorism or the violation of the terms and conditions of his bail,
crime of conspiracy to commit terrorism; which shall then be forfeited as provided under
otherwise, the evidence obtained from said the Rules of Court.
detained person resulting from such threat,
intimidation, or coercion, or from such inflicted He/she may also be placed under house arrest by
physical pain or torment, or mental, moral, or order of the court at his or her usual place of
psychological pressure, shall be, in its entirety, residence.
absolutely not admissible and usable as evidence
in any judicial, quasi-judicial, legislative, or While under house arrest, he or she may not use
administrative investigation, inquiry, telephones, cellphones, e-mails, computers, the
proceeding, or hearing. internet or other means of communications with
people outside the residence until otherwise
SEC. 25. Penalty for Threat, Intimidation, ordered by the court.
Coercion, or Torture in the Investigation and
Interrogation of a Detained Person. - Any The restrictions abovementioned shall be
person or persons who use threat, intimidation, terminated upon the acquittal of the accused or
or coercion, or who inflict physical pain or of the dismissal of the case filed against him or
torment, or mental, moral, or psychological earlier upon the discretion of the court on
pressure, which shall vitiate the free-will of a motion of the prosecutor or of the accused.
charged or suspected person under investigation
and interrogation for the crime of terrorism or SEC. 27. Judicial Authorization Required to
the crime of conspiracy to commit terrorism Examine Bank Deposits, Accounts, and
shall be guilty of an offense and shall suffer the Records. - The provisions of Republic Act No.
penalty of twelve (12) years and one day to 1405 as amended, to the contrary
twenty (20) years of imprisonment. notwithstanding, the justices of the Court of
Appeals designated as a special court to handle
When death or serious permanent disability of anti-terrorism cases after satisfying themselves
said detained person occurs as a consequence of of the existence of probable cause in a hearing
the use of such threat, intimidation, or coercion, called for that purpose that: (1) a person charged
or as a consequence of the infliction on him of with or suspected of the crime of terrorism or,
such physical pain or torment, or as a conspiracy to commit terrorism, (2) of a
consequence of the infliction on him of such judicially declared and outlawed terrorist
mental, moral, or psychological pressure, the organization, association, or group of persons;
penalty shall be twelve (12) years and one day to and (3) of a member of such judicially declared
twenty (20) years of imprisonment. and outlawed organization, association, or group
of persons, may authorize in writing any police
or law enforcement officer and the members of

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his/her team duly authorized in writing by the written order granted by the authorizing division
anti-terrorism council to: (a) examine, or cause of the Court of Appeals as well as its order, if
the examination of, the deposits, placements, any, to extend or renew the same, the original ex
trust accounts, assets and records in a bank or parte application of the applicant, including his
financial institution; and (b) gather or cause the ex parte application to extend or renew, if any,
gathering of any relevant information about such and the written authorizations of the Anti-
deposits, placements, trust accounts, assets, and Terrorism Council, shall be deemed and are
records from a bank or financial institution. The hereby declared as classified information:
bank or financial institution concerned, shall not Provided, That the person whose bank deposits,
refuse to allow such examination or to provide placements, trust accounts, assets, and records
the desired information, when so, ordered by and have been examined, frozen, sequestered and
served with the written order of the Court of seized by law enforcement authorities has the
Appeals. right to be informed of the acts done by the law
enforcement authorities in the premises or to
SEC. 28. Application to Examine Bank challenge, if he or she intends to do so, the
Deposits, Accounts, and Records. - The written legality of the interference. The written order of
order of the Court of Appeals authorizing the the authorizing division of the Court of Appeals
examination of bank deposits, placements, trust designated to handle cases involving terrorism
accounts, assets, and records: (1) of a person shall specify: (a) the identify of the said: (1)
charged with or suspected of the crime of person charged with or suspected of the crime of
terrorism or conspiracy to commit terrorism; (2) terrorism or conspiracy to commit terrorism; (2)
of any judicially declared and outlawed terrorist judicially declared and outlawed terrorist
organization, association, or group of persons, or organization, association, or group of persons;
(3) of any member of such organization, and (3) member of such judicially declared and
association, or group of persons in a bank or outlawed organization, association, or group of
financial institution, and the gathering of any persons, as the case may be. whose deposits,
relevant information about the same from said placements, trust accounts, assets, and records
bank or financial institution, shall only be are to be examined or the information to be
granted by the authorizing division of the Court gathered; (b) the identity of the bank or financial
of Appeals upon an ex parte application to that Institution where such deposits, placements,
effect of a police or of a law enforcement trust accounts, assets, and records are held and
official who has been duly authorized in writing maintained; (c) the identity of the persons who
to file such ex parte application by the Anti- will conduct the said examination and the
Terrorism Council created in Section 53 of this gathering of the desired information; and, (d) the
Act to file such ex parte application, and upon length of time the authorization shall be carried
examination under oath or affirmation of the out.
applicant and, the witnesses he may produce to
establish the facts that will justify the need and SEC. 30. Effective Period of Court
urgency of examining and freezing the bank Authorization to Examine and Obtain
deposits, placements, trust accounts, assets, and Information on Bank Deposits, Accounts, and
records: (1) of the person charged with or Records. - The authorization issued or granted
suspected of the crime of terrorism or conspiracy by the authorizing division of the Court of
to commit terrorism; (2) of a judicially declared Appeals to examine or cause the examination of
and outlawed terrorist organization, association and to freeze bank deposits, placements, trust
or group of persons; or (3) of any member of accounts, assets, and records, or to gather
such organization, association, or group of information about the same, shall be effective
persons. for the length of time specified in the written
order of the authorizing division of the Court of
SEC. 29. Classification and Contents of the Appeals, which shall not exceed a period of
Court Order Authorizing the Examination of thirty (30) days from the date of receipt of the
Bank Deposits, Accounts, and Records. - The written order of the authorizing division of the

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Court of Appeals by the applicant police or law of six years and one day to eight years of
enforcement official. imprisonment.

The authorizing division of the Court of Appeals SEC. 31. Custody of Bank Data and
may extend or renew the said authorization for Information Obtained after Examination of
another period, which shall not exceed thirty Deposits, Placements, Trust Accounts, Assets
(30) days renewable to another thirty (30) days and Records. - All information, data, excerpts,
from the expiration of the original period: summaries, notes, memoranda, working sheets,
Provided, That the authorizing division of the reports, and other documents obtained from the
Court of Appeals is satisfied that such extension examination of the bank deposits, placements,
or renewal is in the public interest: and, trust accounts, assets and records of: (1) a person
Provided, further, That the application for charged with or suspected of the crime of
extension or renewal, which must be filed by the terrorism or the crime of conspiracy to commit
original applicant, has been duly authorized in terrorism; (2) a judicially declared and outlawed
writing by the Anti-Terrorism Council. terrorist organization, association, or group of
persons; or (3) a member of any such
In case of death of the original applicant or in organization, association, or group of persons
case he is physically disabled to file the shall, within forty-eight (48) hours after the
application for extension or renewal, the one expiration of the period fixed in the written
next in rank to the original applicant among the order of the authorizing division of the Court of
members of the ream named in the original Appeals or within forty-eight (48) hours after the
written order of the authorizing division of the expiration of the extension or renewal granted
Court of Appeals shall file the application for by the authorizing division of the Court of
extension or renewal: Provided, That, without Appeals, be deposited with the authorizing
prejudice to the liability of the police or law division of the Court of Appeals in a sealed
enforcement personnel under Section 19 hereof, envelope or sealed package, as the case may be,
the applicant police or law enforcement official and shall be accompanied by a joint affidavit of
shall have thirty (30) days after the termination the applicant police or law enforcement official
of the period granted by the Court of Appeals as and the persons who actually conducted the
provided in the preceding paragraphs within examination of said bank deposits, placements,
which to file the appropriate case before the trust accounts, assets and records.
Public Prosecutor's Office for any violation of
this Act. SEC. 32. Contents of Joint Affidavit. - The
joint affidavit shall state: (a) the identifying
If no case is filed within the thirty (30)-day marks, numbers, or symbols of the deposits,
period, the applicant police or law enforcement placements, trust accounts, assets, and records
official shall immediately notify in writing the examined; (b) the identity and address of the
person subject of the bank examination and bank or financial institution where such deposits,
freezing of bank deposits, placements, trust placements, trust accounts, assets, and records
accounts, assets and records. The penalty of ten are held and maintained; (c) the number of bank
(10) years and one day to twelve (12) years of deposits, placements, trust accounts, assets, and
imprisonment shall be imposed upon the records discovered, examined, and frozen; (d)
applicant police or law enforcement official who the outstanding balances of each of such
fails to notify in writing the person subject of the deposits, placements, trust accounts, assets; (e)
bank examination and freezing of bank deposits, all information, data, excerpts, summaries,
placements, trust accounts, assets and records. notes, memoranda, working sheets, reports,
documents, records examined and placed in the
Any person, law enforcement official or judicial sealed envelope or sealed package deposited
authority who violates his duty to notify in with the authorizing division of the Court of
writing as defined above shall suffer the penalty Appeals; (f) the date of the original written
authorization granted by the Anti-Terrorism

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Council to the applicant to file the ex parte authorizing division of the Court of Appeals and
Application to conduct the examination of the only upon a showing that the Department of
said bank deposits, placements, trust accounts, Justice has been duly authorized in writing by
assets and records, as well as the date of any the Anti-Terrorism Council to file the
extension or renewal of the original written application, with notice in writing to the party
authorization granted by the authorizing division concerned not later than three days before the
of the Court of Appeals; and (g) that the items scheduled opening, to open, reveal, divulge, and
Enumerated were all that were found in the bank use the contents of the sealed envelope or sealed
or financial institution examined at the time of package as evidence.
the completion of the examination.
Any person, law enforcement official or judicial
The joint affidavit shall also certify under oath authority who violates his duty to notify in
that no duplicates or copies of the information, writing as defined above shall suffer the penalty
data, excerpts, summaries, notes, memoranda, of six years and one day to eight years of
working sheets, reports, and documents acquired imprisonment.
from the examination of the bank deposits,
placements, trust accounts, assets and records SEC. 34. Application to Open Deposited Bank
have been made, or, if made, that all such Materials. - The written application, with notice
duplicates and copies are placed in the sealed in writing to the party concerned not later than
envelope or sealed package deposited with the three days of the scheduled opening, to open the
authorizing division of the Court of Appeals. sealed envelope or sealed package shall clearly
state the purpose and reason: (a) for opening the
It shall be unlawful for any person, police officer sealed envelope or sealed package; (b) for
or custodian of the bank data and information revealing and disclosing its classified contents;
obtained after examination of deposits, and, (c) for using the classified information,
placements, trust accounts, assets and records to data, excerpts, summaries, notes, memoranda,
copy, to remove, delete, expunge, incinerate, working sheets, reports, and documents as
shred or destroy in any manner the items evidence.
enumerated above in whole or in part under any
pretext whatsoever, SEC. 35. Evidentiary Value of Deposited Bank
Materials. - Any information, data, excerpts,
Any person who copies, removes, deletes, summaries, notes, memoranda, work sheets,
expunges, incinerates, shreds or destroys the reports, or documents acquired from the
items enumerated above shall suffer a penalty of examination of the bank deposits, placements,
not less than six years and one day to twelve trust accounts, assets and records of: (1) a person
(12) years of imprisonment. charged or suspected of the crime of terrorism or
the crime of conspiracy to commit terrorism; (2)
SEC. 33. Disposition of Bank Materials. - The a judicially declared and outlawed terrorist
sealed envelope or sealed package and the organization, association, or group of persons; or
contents thereof, which are deposited with the (3) a member of such organization, association,
authorizing division of the Court of Appeals, or group of persons, which have been secured in
shall be deemed and are hereby declared violation of the provisions of this Act, shall
classified information and the sealed envelope or absolutely not be admissible and usable as
sealed package shall not be opened and its evidence against anybody in any judicial, quasi-
contents shall not be divulged, revealed, read, or judicial, legislative, or administrative
used as evidence unless authorized in a written investigation, inquiry, proceeding, or hearing.
order of the authorizing division of the Court of
Appeals, which written order shall be granted SEC. 36. Penalty for Unauthorized or
only upon a written application of the Malicious Examination of a Bank or a
Department of Justice filed before the Financial Institution. - Any person, police or

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law enforcement personnel who examines the when duly served with the written order of the
deposits, placements, trust accounts, assets, or authorizing division of the Court of Appeals,
records in a bank or financial institution of: (1) a shall be guilty of an offense and shall suffer the
person charged with or suspected of the crime of penalty of ten (10) years and one day to twelve
terrorism or the crime of conspiracy to commit (12) years of imprisonment.
terrorism; (2) a judicially declared and outlawed
terrorist organization, association, or group of SEC. 38. Penalty for False or Untruthful
persons; or (3) a member of such organization, Statement or Misrepresentation of Material
association, or group of persons, without being Fact in Joint Affidavits. - Any false or
authorized to do so by the Court of Appeals, untruthful statement or misrepresentation of
shall be guilty of an offense and shall suffer the material fact in the joint affidavits required
penalty of ten (10) years and one day to twelve respectively in Section 12 and Section 32 of this
(12) years of imprisonment. Act shall constitute a criminal offense and the
affiants shall suffer individually the penalty of
In addition to the liability attaching to the ten (10) years and one day to twelve (12) years
offender for the commission of any other of imprisonment.
offense, the penalty of ten (10) years and one
day to twelve (12) years of imprisonment shall SEC. 39. Seizure and Sequestration. - The
be imposed upon any police or law enforcement deposits and their outstanding balances,
personnel, who maliciously obtained an placements, trust accounts, assets, and records in
authority from the Court of Appeals to examine any bank or financial institution, moneys,
the deposits, placements, trust accounts, assets, businesses, transportation and communication
or records in a bank or financial institution of: equipment, supplies and other implements, and
(1) a person charged with or suspected of the property of whatever kind and nature belonging:
crime of terrorism or conspiracy to commit (1) to any person suspected of or charged before
terrorism; (2) a judicially declared and outlawed a competent Regional Trial Court for the crime
terrorist organization, association, or group of of terrorism or the crime of conspiracy to
persons; or (3) a member of such organization, commit terrorism; (2) to a judicially declared
association, or group of persons: Provided, That and outlawed organization, association, or group
notwithstanding Section 33 of this Act, the party of persons; or (3) to a member of such
aggrieved by such authorization shall upon organization, association, or group of persons
motion duly filed be allowed access to the sealed shall be seized, sequestered, and frozen in order
envelope or sealed package and the contents to prevent their use, transfer, or conveyance for
thereof as evidence for the prosecution of any purposes that are inimical to the safety and
police or law enforcement personnel who security of the people or injurious to the interest
maliciously procured said authorization. of the State.

SEC. 37. Penalty of Bank Officials and The accused or a person suspected of may
Employees Defying a Court Authorization. - withdraw such sums as may be reasonably
An employee, official, or a member of the board needed by the monthly needs of his family
of directors of a bank or financial institution, including the services of his or her counsel and
who refuses to allow the examination of the his or her family's medical needs upon approval
deposits, placements, trust accounts, assets, and of the court. He or she may also use any of his
records of: (1) a person charged with or property that is under seizure or sequestration or
suspected of the crime of terrorism or the crime frozen because of his/her indictment as a
of conspiracy to commit terrorism; (2) a terrorist upon permission of the court for any
judicially declared and outlawed organization, legitimate reason.
association, or group of persons; or (3) a
member of such judicially declared and Any person who unjustifiably refuses to follow
outlawed organization, association, or group of the order of the proper division of the Court of
persons in said bank or financial institution,

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Appeals to allow the person accused of the state the release of said funds from seizure,
crime of terrorism or of the crime of conspiracy sequestration and freezing.
to commit terrorism to withdraw such sums from
sequestered or frozen deposits, placements, trust If the person charged with the crime of terrorism
accounts, assets and records as may be necessary or conspiracy to commit terrorism is convicted
for the regular sustenance of his/her family or to by a final judgment of a competent trial court,
use any of his/her property that has been seized, his seized, sequestered and frozen bank deposits,
sequestered or frozen for legitimate purposes placements, trust accounts, assets and records
while his/her case is pending shall suffer the shall be automatically forfeited in favor of the
penalty of ten (10) years and one day to twelve government.
(12) years of imprisonment.
Upon his or her acquittal or the dismissal of the
SEC. 40. Nature of Seized. Sequestered and charges against him or her, the amount of Five
Frozen Bank Deposits, Placements, Trust hundred thousand pesos (P500.000.00) a day for
Accounts, Assets and Records. - The seized, the period in which his properties, assets or
sequestered and frozen bank deposits, funds were seized shall be paid to him on the
placements, trust accounts, assets and records concept of liquidated damages. The amount shall
belonging to a person suspected of or charged be taken from the appropriations of the police or
with the crime of terrorism or conspiracy to law enforcement agency that caused the filing of
commit terrorism shall be deemed as property the enumerated charges against him/her.
held in trust by the bank or financial institution
for such person and the government during the SEC. 42. Penalty for Unjustified Refusal to
pendency of the investigation of the person Restore or Delay in Restoring Seized,
suspected of or during the pendency of the trial Sequestered and Frozen Bank Deposits,
of the person charged with any of the said Placements, Trust Accounts, Assets and
crimes, as the case may be and their use or Records. - Any person who unjustifiably refuses
disposition while the case is pending shall be to restore or delays the restoration of seized,
subject to the approval of the court before which sequestered and frozen bank deposits,
the case or cases are pending. placements, trust accounts, assets and records of
a person suspected of or charged with the crime
SEC. 41. Disposition of the Seized, Sequestered of terrorism or conspiracy to commit terrorism
and Frozen Bank Deposits, Placements, Trust after such suspected person has been found
Accounts, Assets and Record. - If the person innocent by the investigating body or after the
suspected of or charged with the crime of case against such charged person has been
terrorism or conspiracy to commit terrorism is dismissed or after he is acquitted by a competent
found, after his investigation, to be innocent by court shall suffer the penalty of ten (10) years
the investigating body, or is acquitted, after his and one day to twelve (12) years of
arraignment or his case is dismissed before his imprisonment.
arraignment by a competent court, the seizure,
sequestration and freezing of his bank deposits, SEC. 43. Penalty for the Loss, Misuse,
placements, trust accounts, assets and records Diversion or Dissipation of Seized, Sequestered
shall forthwith be deemed lifted by the and Frozen Bank Deposits, Placements, Trust
investigating body or by the competent court, as Accounts, Assets and Records. - Any person
the case may be, and his bank deposits, who is responsible for the loss, misuse,
placements, trust accounts, assets and records diversion, or dissipation of the whole or any part
shall be deemed released from such seizure, of the seized, sequestered and frozen bank
sequestration and freezing, and shall be restored deposits, placements, trust accounts, assets and
to him without any delay by the bank or records of a person suspected of or charged with
financial institution concerned without any the crime of terrorism or conspiracy to commit
further action on his part. The filing of any terrorism shall suffer the penalty of ten (10)
appeal on motion for reconsideration shall not

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years and one day to twelve (12) years of SEC. 48. Continuous Trial. - In cases of
imprisonment. terrorism or conspiracy to commit terrorism, the
judge shall set the continuous trial on a daily
SEC. 44. Infidelity in the Custody of Detained basis from Monday to Friday or other short-term
Persons. - Any public officer who has direct trial calendar so as to ensure speedy trial.
custody of a detained person or under the
provisions of this Act and who by his deliberate SEC. 49. Prosecution Under This Act Shall be
act, misconduct, or inexcusable negligence a Bar to Another Prosecution under the
causes or allows the escape of such detained Revised Penal Code or any Special Penal
person shall be guilty of an offense and shall Laws. - When a person has been prosecuted
suffer the penalty of: (a) twelve (12) years and under a provision of this Act, upon a valid
one day to twenty (20) years of imprisonment, if complaint or information or other formal charge
the detained person has already been convicted sufficient in form and substance to sustain a
and sentenced in a final judgment of a conviction and after the accused had pleaded to
competent court; and (b) six years and one day the charge, the acquittal of the accused or the
to twelve (12) years of imprisonment, if the dismissal of the case shall be a bar to another
detained person has not been convicted and prosecution for any offense or felony which is
sentenced in a final judgment of a competent necessarily included in the offense charged
court. under this Act.

SEC. 45. Immunity and Protection of SEC. 50. Damages for Unproven Charge of
Government Witnesses. - The provisions of Terrorism. - Upon acquittal, any person who is
Republic Act No. 6981 (Witness Protection, accused of terrorism shall be entitled to the
Security and Benefits Act) to the contrary payment of damages in the amount of Five
notwithstanding, the immunity of government hundred thousand pesos (P500,000.00) for every
witnesses testifying under this Act shall be day that he or she has been detained or deprived
governed by Sections 17 and 18 of Rule 119 of of liberty or arrested without a warrant as a
the Rules of Court: Provided, however, That said result of such an accusation. The amount of
witnesses shall be entitled to benefits granted to damages shall be automatically charged against
witnesses under said Republic Act No.6981. the appropriations of the police agency or the
Anti-Terrorism Council that brought or
SEC. 46. Penalty for Unauthorized Revelation sanctioned the filing of the charges against the
of Classified Materials. - The penalty of ten (10) accused. It shall also be released within fifteen
years and one day to twelve (12) years of (15) days from the date of the acquittal of the
imprisonment shall be imposed upon any person, accused. The award of damages mentioned
police or law enforcement agent, judicial officer above shall be without prejudice to the right of
or civil servant who, not being authorized by the the acquitted accused to file criminal or
Court of Appeals to do so, reveals in any manner administrative charges against those responsible
or form any classified information under this for charging him with the case of terrorism.
Act.
Any officer, employee, personnel, or person who
SEC. 47. Penalty for Furnishing False delays the release or refuses to release the
Evidence, Forged Document, or Spurious amounts awarded to the individual acquitted of
Evidence. - The penalty of twelve (12) years and the crime of terrorism as directed in the
one day to twenty (20) years of imprisonment paragraph immediately preceding shall suffer the
shall be imposed upon any person who penalty of six months of imprisonment.
knowingly furnishes false testimony, forged
document or spurious evidence in any If the deductions are less than the amounts due
investigation or hearing under this Act. to the detained persons, the amount needed to
complete the compensation shall be taken from

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the current appropriations for intelligence, The Council shall implement this Act and
emergency, social or other funds of the Office of assume the responsibility for the proper and
the President. effective implementation of the anti-terrorism
policy of the country. The Council shall keep
In the event that the amount cannot be covered records of its proceedings and decisions. All
by the current budget of the police or law records of the Council shall be subject to such
enforcement agency concerned, the amount shall security classifications as the Council may, in its
be automatically included in the appropriations judgment and discretion, decide to adopt to
of the said agency for the coming year. safeguard the safety of the people, the security
of the Republic, and the welfare of the nation.
SEC. 51. Duty to Record and Report the Name
and Address of the Informant. - The police or The National Intelligence Coordinating Agency
law enforcement officers to whom the name or a shall be the Secretariat of the Council. The
suspect in the crime of terrorism was first Council shall define the powers, duties, and
revealed shall record the real name and the functions of the National Intelligence
specific address of the informant. Coordinating Agency as Secretariat of the
Council. The National Bureau of Investigation,
The police or law enforcement officials the Bureau of Immigration, the Office of Civil
concerned shall report the informant's name and Defense, the Intelligence Service of the Armed
address to their superior officer who shall Forces of the Philippines, the Anti-Money
transmit the information to the Congressional Laundering Council, the Philippine Center on
Oversight Committee or to the proper court Transnational Crime, and the Philippine
within five days after the suspect was placed National Police intelligence and investigative
under arrest or his properties were sequestered, elements shall serve as support agencies for the
seized or frozen. Council.

The name and address of the informant shall be The Council shall formulate and adopt
considered confidential and shall not be comprehensive, adequate, efficient, and effective
unnecessarily revealed until after the anti-terrorism plans, programs, and counter-
proceedings against the suspect shall have been measures to suppress and eradicate terrorism in
terminated. the country and to protect the people from acts
of terrorism. Nothing herein shall be interpreted
SEC. 52. Applicability of the Revised Penal to empower the Anti-Terrorism Council to
Code. - The provisions of Book I of the Revised exercise any judicial or quasi-judicial power or
Penal Code shall be applicable to this Act. authority.

SEC. 53. Anti-Terrorism Council. - An Anti- SEC. 54. Functions of the Council. - In pursuit
Terrorism Council, hereinafter referred to, for of its mandate in the previous Section, the
brevity, as the "Council," is hereby created. The Council shall have the following functions with
members of the Council are: (1) the Executive due regard for the rights of the people as
Secretary, who shall be its Chairperson; (2) the mandated by the Constitution and pertinent
Secretary of Justice, who shall be its Vice laws:
Chairperson; and (3) the Secretary of Foreign
Affairs; (4) the Secretary of National Defense; 1. Formulate and adopt plans, programs and
(5) the Secretary of the Interior and Local counter-measures against terrorists and acts of
Government; (6) the Secretary of Finance; and terrorism in the country;
(7) the National Security Advisor, as its other
members. 2. Coordinate all national efforts to suppress and
eradicate acts of terrorism in the country and

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mobilize the entire nation against terrorism shall give the highest priority to the investigation
prescribed in this Act; and prosecution of violations of civil and
political rights of persons in relation to the
3. Direct the speedy investigation and implementation of this Act; and for this purpose,
prosecution of all persons accused or detained the Commission shall have the concurrent
for the crime of terrorism or conspiracy to jurisdiction to prosecute public officials, law
commit terrorism and other offenses punishable enforcers, and other persons who may have
under this Act, and monitor the progress of their violated the civil and political rights of persons
cases; suspected of, or detained for the crime of
terrorism or conspiracy to commit terrorism.
4. Establish and maintain comprehensive data-
base information system on terrorism, terrorist SEC. 56. Creation of a Grievance Committee. -
activities, and counter-terrorism operations; There is hereby created a Grievance Committee
composed of the Ombudsman, as chair, and the
5. Freeze the funds property, bank deposits, Solicitor General, and an undersecretary from
placements, trust accounts, assets and records the Department of Justice (DOJ), as members, to
belonging to a person suspected of or charged receive and evaluate complaints against the
with the crime of terrorism or conspiracy to actuations of the police and law enforcement
commit terrorism, pursuant to Republic Act No. officials in the implementation of this Act. The
9160, otherwise known as the Anti-Money Committee shall hold office in Manila. The
Laundering Act of 2001, as amended; Committee shall have three subcommittees that
will be respectively headed by the Deputy
6. Grant monetary rewards and other incentives Ombudsmen in Luzon, the Visayas and
to informers who give vital information leading Mindanao. The subcommittees shall respectively
to the apprehension, arrest, detention, hold office at the Offices of Deputy
prosecution, and conviction of person or persons Ombudsman. Three Assistant Solicitors General
who are liable for the crime of terrorism or designated by the Solicitor General, and the
conspiracy to commit terrorism; regional prosecutors of the DOJ assigned to the
regions where the Deputy Ombudsmen hold
7. Establish and maintain coordination with and office shall be members thereof. The three
the cooperation and assistance of other nations subcommittees shall assist the Grievance
in the struggle against international terrorism; Committee in receiving, investigating and
and evaluating complaints against the police and
other law enforcement officers in the
implementation of this Act. If the evidence
8. Request the Supreme Court to designate
warrants it, they may file the appropriate cases
specific divisions of the Court of Appeals and
against the erring police and law enforcement
Regional Trial Courts in Manila, Cebu City and
officers. Unless seasonably disowned or
Cagayan de Oro City, as the case may be, to
denounced by the complainants, decisions or
handle all cases involving the crime of terrorism
judgments in the said cases shall preclude the
or conspiracy to commit terrorism and all
filing of other cases based on the same cause or
matters incident to said crimes. The Secretary of
causes of action as those that were filed with the
Justice shall assign a team of prosecutors from:
Grievance Committee or its branches.
(a) Luzon to handle terrorism cases filed in the
Regional Trial Court in Manila; (b) from the
Visayas to handle cases filed in Cebu City; and SEC. 57. Ban on Extraordinary Rendition. -
(c) from Mindanao to handle cases filed in No person suspected or convicted of the crime
Cagayan de Oro City. of terrorism shall be subjected to extraordinary
rendition to any country unless his or her
testimony is needed for terrorist related police
SEC. 55. Role of the Commission on Human
investigations or judicial trials in the said
Rights. - The Commission on Human Rights
country and unless his or her human rights,

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including the right against torture, and right to Committee shall rotate every six months with
counsel, are officially assured by the requesting the Senate chairing it for the first six months and
country and transmitted accordingly and the House for the next six months. In every case,
approved by the Department of Justice. the ranking opposition or minority member of
the Committee shall be the Vice Chair. Upon the
SEC. 58. Extra-Territorial Application of this expiration of one year after this Act is approved
Act. - Subject to the provision of an existing by the President, the Committee shall review the
treaty of which the Philippines is a signatory and Act particularly the provision that authorize the
to any contrary provision of any law of surveillance of suspects of or persons charged
preferential application, the provisions of this with the crime of terrorism. To that end, the
Act shall apply: (1) to individual persons who Committee shall summon the police and law
commit any of the crimes defined and punished enforcement officers and the members of the
in this Act within the terrestrial domain, interior Anti-Terrorism Council and require them to
waters, maritime zone, and airspace of the answer questions from the members of Congress
Philippines; (2) to individual persons who, and to submit a written report of the acts they
although physically outside the territorial limits have done in the implementation of the law
of the Philippines, commit, conspire or plot to including the manner in which the persons
commit any of the crimes defined and punished suspected of or charged with the crime of
in this Act inside the territorial limits of the terrorism have been dealt with in their custody
Philippines; (3) to individual persons who, and from the date when the movements of the
although physically outside the territorial limits latter were subjected to surveillance and his or
of the Philippines, commit any of the said crimes her correspondences, messages, conversations
on board Philippine ship or Philippine airship; and the like were listened to or subjected to
(4) to individual persons who commit any of monitoring, recording and tapping. Without
said crimes within any embassy, consulate, or prejudice to its submitting other reports, the
diplomatic premises belonging to or occupied by Committee shall render a semiannual report to
the Philippine government in an official both Houses of Congress. The report may
capacity; (5) to individual persons who, although include where necessary a recommendation to
physically outside the territorial limits of the reassess the effects of globalization on terrorist
Philippines, commit said crimes against activities on the people, provide a sunset clause
Philippine citizens or persons of Philippines to or amend any portion of the Act or to repeal
descent, where their citizenship or ethnicity was the Act in its entirety. The courts dealing with
a factor in the commission of the crime; and (6) anti-terrorism cases shall submit to Congress
to individual persons who, although physically and the President a report every six months of
outside the territorial limits of the Philippines, the status of anti-terrorism cases that have been
commit said crimes directly against the filed with them starting from the date this Act is
Philippine government. implemented.

SEC. 59. Joint Oversight Committee. - There is SEC. 60. Separability Clause. - If for any
hereby created a Joint Oversight Committee to reason any part or provision of this Act is
oversee the implementation of this Act. The declared unconstitutional or invalid, the other
Oversight Committee shall be composed of five parts or provisions hereof which are not affected
members each from the Senate and the House in thereby shall remain and continue to be in full
addition to the Chairs of the Committees of force and effect.
Public Order of both Houses who shall also
Chair the Oversight Committee in the order SEC. 61. Repealing Clause. - All laws, decrees,
specified herein. The membership of the executive orders, rules or regulations or parts
Committee for every House shall at least have thereof, inconsistent with the provisions of this
two opposition or minority members. The Joint Act are hereby repealed, amended, or modified
Oversight Committee shall have its own accordingly.
independent counsel. The Chair of the

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SEC. 62. Special Effectivity Clause. - After the known as the Act Designating Death by Lethal
bill shall have been signed into law by the Injection is hereby repealed. Republic Act No.
President, the Act shall be published in three Seven Thousand Six Hundred Fifty-Nine (R.A.
newspapers of national circulation; three No. 7659), otherwise known as the Death
newspapers of local circulation, one each in Penalty Law, and all other laws, executive
llocos Norte, Baguio City and Pampanga; three orders and decrees, insofar as they impose the
newspapers of local circulation, one each in death penalty are hereby repealed or amended
Cebu, lloilo and Tacloban; and three newspapers accordingly.
of local circulation, one each in Cagayan de Oro,
Davao and General Santos city. SEC. 2. In lieu of the death penalty, the
following shall be imposed.
The title of the Act and its provisions defining
the acts of terrorism that are punished shall be (a) the penalty of reclusion perpetua, when the
aired everyday at primetime for seven days, law violated makes use of the nomenclature of
morning, noon and night over three national the penalties of the Revised Penal Code; or
television and radio networks; three radio and
television networks, one each in Cebu, Tacloban (b) the penalty of life imprisonment, when the
and lloilo; and in five radio and television law violated does not make use of the
networks, one each in Lanao del Sur, Cagayan nomenclature of the penalties of the Revised
de Oro, Davao City, Cotabato City and Penal Code.
Zamboanga City. The publication in the
newspapers of local circulation and the SEC. 3. Person convicted of offenses punished
announcements over local radio and television with reclusion perpetua, or whose sentences will
networks shall be done in the dominant language be reduced to reclusion perpetua, by reason of
of the community. After the publication required this Act, shall not be eligible for parole under
above shall have been done, the Act shall take Act No. 4180, otherwise known as the
effect two months after the elections are held in Indeterminate Sentence Law, as amended.
May 2007. Thereafter, the provisions of this Act
shall be automatically suspended one month SEC. 4. The Board of Pardons and Parole shall
before and two months as after the holding of cause the publication at least one a week for
any election. three consecutive weeks in a newspaper of
general circulation of the names of persons
convicted of offenses punished with reclusion
perpetua or life imprisonment by reason of this
Republic Act No. 9346 Act who are being considered or recommend for
commutation or pardon; Provided, however,
June 24, 2006 That nothing herein shall limit the power of the
President to grant executive clemency under
AN ACT PROHIBITING THE Section 19, Article VII of the Constitutions.
IMPOSITION OF DEATH PENALTY IN
THE PHILIPPINES SEC. 5. This Act shall take effect immediately
after its publication in two national newspapers
Be it enacted by the Senate and House of of general circulation.
Representatives of the Philippines in Congress
assembled:

SECTION 1. The imposition of the penalty of

death is hereby prohibited. Accordingly,
Republic Act No. Eight Thousand One Hundred
Seventy-Seven (R.A. No. 8177), otherwise

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