RA 11362 movement or circulation of persons or transportation

Section 3. Community Service. - Article 88a of the Act No. of goods, articles, or property or both.
3815 is hereby inserted to read as follows:
d. Piracy. Any attack upon or seizure of any vessel, or
"ART. 88a. Community Service. - The court in the discretion the taking away of the whole or part thereof or its
may, in lieu of service in jail, require that the penalties of cargo, equipment, or the personal belongings of its
arresto menor and arresto mayor may be served by the complement or passengers, irrespective of the value
defendant by rendering community service in the place where thereof, by means of violence against or intimidation
the crime was committed, under such terms as the court shall of persons or force upon things, committed by any
determine, taking into consideration the gravity of offense and person, including a passenger or member of the
the circumstances of the case, which shall be under the complement of said vessel, in Philippine waters, shall
supervision of a probation officer: Provided, That the court will be considered as piracy. The offenders shall be
prepare an order imposing the community service, specifying considered as pirates and punished as hereinafter
the number of hours to be worked and the period within which provided.
to complete the service. The order is then referred to the
assigned probation officer who shall have responsibility of the e. Highway Robbery/Brigandage. The seizure of any
defendant. person for ransom, extortion or other unlawful
purposes, or the taking away of the property of
"The defendant shall likewise be required to undergo another by means of violence against or intimidation
rehabilitative counseling under the social welfare and of person or force upon things of other unlawful
development office of the city or municipality concerned with means, committed by any person on any Philippine
the assistance of the Department of Social Welfare and Highway.
Development (DSWD). In requiring community service, the
court shall consider the welfare of the society and the Section 4. Aiding pirates or highway robbers/brigands or
reasonable probability that the person sentenced shall not abetting piracy or highway robbery/brigandage. Any person
violate the law while rendering a public service. who knowingly and in any manner aids or protects pirates or
highway robbers/brigands, such as giving them information
"Community service shall consist of any actual physical activity about the movement of police or other peace officers of the
which inculcates civic consciousness, and is intended towards government, or acquires or receives property taken by such
the improvement of a public work or promotion of a public pirates or brigands or in any manner derives any benefit
service. therefrom; or any person who directly or indirectly abets the
commission of piracy or highway robbery or brigandage, shall
"If the defendant violates the terms of the community service, be considered as an accomplice of the principal offenders and
the court shall order his/her re-arrest and the defendant shall be punished in accordance with the Rules prescribed by the
serve the full term of the penalty, as the case may be, in jail, or Revised Penal Code.
in the house of the defendant as provided under Article 88.
However, if the defendant has fully complied with the terms of It shall be presumed that any person who does any of the acts
the community service, the court shall order the release of the provided in this Section has performed knowingly, unless the
defendant unless detained for some other offenses.ℒαwρhi ৷ contrary is proven.

"The privilege of rendering community service in lieu of service RA11479 TERRORISM

in jail shall be availed of only once." Section 4. Terrorism.- Subject to Section 49 of this Act,
terrorism is committed by any person who, within or outside the
PD532 PIRACY Philippines, regardless of the stage of execution:
Section 2. Definition of Terms. :
(a) Engages in acts intended to cause death or
a. Philippine Waters. It shall refer to all bodies of serious bodily injury to any person, or endangers a
water, such as but not limited to, seas, gulfs, bays person's life;
around, between and connecting each of the Islands
of the Philippine Archipelago, irrespective of its depth, (b) Engages in acts intended to cause extensive
breadth, length or dimension, and all other waters damage or destruction to a government or public
belonging to the Philippines by historic or legal title, facility, public place or private property;
including territorial sea, the sea-bed, the insular
shelves, and other submarine areas over which the (c) Engages in acts intended to cause extensive
Philippines has sovereignty or jurisdiction. interference with, damage or destruction to critical
infrastructure;
b. Vessel. Any vessel or watercraft used for transport
of passengers and cargo from one place to another (d) Develops, manufactures, possesses, acquires,
through Philippine Waters. It shall include all kinds transports, supplies or uses weapons, explosives or of
and types of vessels or boats used in fishing. biological, nuclear, radiological or chemical weapons;
and
c. Philippine Highway. It shall refer to any road, street,
passage, highway and bridges or other parts thereof, (e) Release of dangerous substances, or causing fire,
or railway or railroad within the Philippines used by floods or explosions.
persons, or vehicles, or locomotives or trains for the
 when the purpose of such act, by its nature and the benefit of parole and the benefits of Republic Act No.
context, is to intimidate the general public or a 10592.
segment thereof, create an atmosphere or spread a
message of fear, to provoke or influence by The same penalty shall be imposed on any person who
intimidation the government or any international organizes or facilitates the travel of individuals to a state other
organization, or seriously destabilize or destroy the than their state of residence or nationality for the purpose of
fundamental political, economic, or social structures of recruitment which may be committed through any of the
the country, or create a public emergency or seriously following means:
undermine public safety, shall be guilty of committing
terrorism and shall suffer the penalty of life
imprisonment without the benefit of parole and the (a) Recruiting another person to serve in any capacity
benefits of Republic Act No. 10592, otherwise known in or with an armed force in a foreign state, whether
as "An Act Amending Articles 29, 94, 97, 98 and 99 of the armed force forms part of the armed forces of the
Act No. 3815, as amended, otherwise known as the government of that foreign state or otherwise;
Revised Penal Code". Provided, That, terrorism as
defined in this section shall not include advocacy, (b) Publishing an advertisement or propaganda for the
protest, dissent, stoppage of work, industrial or mass purpose of recruiting persons to serve in any capacity
action, and other similar exercises of civil and political in or with such armed force;
rights, which are not intended to cause death or
serious physical harm to a person, to endanger a (c) Publishing an advertisement or propaganda
person's life, or to create a serious risk to public containing any information relating to the place at
safety. which or the manner in which persons may make
applications to serve or obtain information relating to
Section 5. Threat to Commit Terrorism.- Any person who shall service in any capacity in or with such armed force or
threaten to commit any of the acts mentioned in Section 4 relating to the manner in which persons may travel to
hereof shall suffer the penalty of imprisonment of twelve (12) a foreign state for the purpose of serving in any
years. capacity in or with such armed force; or

Section 6. Planning, Training, Preparing, and facilitating the (d) Performing any other act with intention of
Commission of Terrorism.- it shall be unlawful for any person to facilitating or promoting the recruitment of persons to
participate in the planning, training, preparation and facilitation serve in any capacity in or with such armed force.
in the commission of terrorism, possessing objects connected
with the preparation for the commission of terrorism, or Any person who shall voluntarily and knowingly join any
collecting or making documents connected with the preparation organization, association or group of persons knowing that
of terrorism. Any person found guilty of the provisions of this such organization, association or group of persons is
Act shall suffer the penalty of life imprisonment without the proscribed under Section 26 of this Act, or designated by the
benefit of parole and the benefits of Republic Act No. 10592. United Nations Security Council as a terrorist organization, or
organized for the purpose of engaging in terrorism, shall suffer
Section 7. Conspiracy to Commit Terrorism.- Any conspiracy the penalty of imprisonment of twelve (12) years.
to commit terrorism as defined and penalized under Section 4
of this Act shall suffer the penalty of life imprisonment without Section 11. Foreign Terrorist.- The following acts are unlawful
the benefit of parole and the benefit of Republic Act No. 10592. and shall suffer the penalty of life imprisonment without the
benefit of parole and the benefits of Republic Act No. 10592:
There is conspiracy when two (2) or more persons come to an
agreement concerning the commission of terrorism as defined (a) For any person to travel or attempt to travel to a
in Section 4 hereof and decide to commit the same. state other than his/her state of residence or
nationality for the purpose of perpetrating, planning, or
Section 8. Proposal to Commit Terrorism.- Any person who preparing for, or participating in terrorism, or providing
proposes to commit terrorism as defined in section 4 hereof or receiving terrorist training;
shall suffer the penalty of imprisonment of twelve (12) years.
(b) For any person to organize or facilitate the travel
Section 9. Inciting to Commit Terrorism.- Any person who of individuals who travel to a state other than their
without taking any direct part in the commission of terrorism, states of residence or nationality knowing that such
shall include others to the execution of any of the acts specified travel is for the purpose of perpetrating, planning,
in Section 4 hereof by means of speeches, proclamations, training, or preparing for, or participating in terrorism
writings, emblems, banners or other representations tending to or providing or receiving terrorist training; or
the same end, shall suffer the penalty of imprisonment of
twelve (12) years. (c) For any person residing abroad who comes to the
Philippines to participate in perpetrating, planning,
Section 10. Recruitment to and Membership in a Terrorist training, or preparing for, or participating in terrorism
Organization.- Any person who shall recruit another to or provide support for or facilitate or receive terrorist
participate in, join, commit or support terrorism or a terrorist training here or abroad.
individual or any terrorist organization, association or group of
persons proscribed under Section 26 of this Act, or designated Section 12. Providing Material Support to Terrorists.- Any
by the United Nations Security Council as a terrorist person who provides material support to any terrorist individual
organization, or organized for the purpose of engaging in or terrorist organization, association or group of persons
terrorism, shall suffer the penalty of life imprisonment without
committing any of the acts punishable under Section 4 hereof, 8, 9, 10, 11 and 12 of this Act, shall, without incurring any
knowing that such individual or organization, association, or criminal liability for delay in the delivery of detained persons to
group of persons is committing or planning to commit such the proper judicial authorities, deliver said suspected person to
acts, shall be liable as principal to any and all terrorist activities the proper judicial authority within a period of fourteen (14)
committed by said individuals or organizations, in addition to calendar days counted from the moment the said suspected
other criminal liabilities he/she or they may have incurred in person has been apprehended or arrested, detained, and
relation thereto. taken into custody by the law enforcement agent or military
personnel. The period of detention may be extended to a
Section 14. Accessory.- Any person who having knowledge of maximum period of (10) calendar days if it is established that
the commission of any of the crimes defined and penalized (1) further detention of the person/s is necessary to preserve
under Section 4 of this Act, without having participated therein, evidence related to terrorism or complete the investigation; (2)
takes part subsequent to its commission in any of the following further detention of the person/s is necessary to prevent the
manner: (a) by profiting himself/herself or assisting the offender commission of another terrorism; and (3) the investigation is
to profit by the effects of the crime; (b) by concealing or being conducted properly and without delay.
destroying the body of the crime, or the effects, or instruments
thereof, in order to prevent its discovery; or (c) by harboring, Immediately after taking custody of a person suspected of
concealing, or assisting in the escape of the principal or committing terrorism or any member of a group of persons,
conspirator of the crime, shall be liable as an accessory and organization or association proscribed under Section 26
shall suffer the penalty of imprisonment of twelve (12) years. hereof, the law enforcement agent or military personnel shall
notify in writing the judge of the court nearest the place of
No person, regardless of relationship or affinity, shall be apprehension or arrest of the following facts: (a) the time, date,
exempt from liability under this section. and manner of arrest; (b) the location or locations of the
detained suspect/s and (c) the physical and mental condition of
the detained suspect/s. The law enforcement agent or military
Section 16. Surveillance of Suspects and Interception and personnel shall likewise furnish the ATC and the Commission
Recording of Communications.- The provisions of Republic Act on Human Rights (CHR) of the written notice given to the
No. 4200, otherwise known as the "Anti-Wire Tapping Law" to judge.
the contrary notwithstanding, a law enforcement agent or
military personnel may, upon a written order of the Court of
Appeals secretly wiretap, overhear and listen to, intercept, The head of the detaining facility shall ensure that the detained
screen, read, survey, record or collect, with the use of any suspect is informed of his/her rights as a detainee and shall
mode, form, kind or type of electronic, mechanical or other ensure access to the detainee by his/her counsel or agencies
equipment or device or technology now known or may and entities authorized by law to exercise visitorial powers over
hereafter be known to science or with the use of any other detention facilities.
suitable ways and means for the above purposes, any private
communications, conversation, discussion/s, data, information, The penalty of imprisonment of ten (10) years shall be imposed
messages in whatever form, kind or nature, spoken or written upon the police or law enforcement agent or military personnel
words (a) between members of a judicially declared and who fails to notify any judge as provided in the preceding
outlawed terrorist organization, as provided in Section 26 of paragraph.
this Act; (b) between members of a designated person as
defined in Section 3(e) of Republic Act No. 10168; or (c) any Section 33. No Torture or Coercion in Investigation and
person charged with or suspected of committing any of the Interrogation. - The use of torture and other cruel, inhumane
crimes defined and penalized under the provisions of this and degrading treatment or punishment, as defined in Sections
Act: Provided, That, surveillance, interception and recording of 4 and 5 of Republic Act no. 9745 otherwise known as the "Anti-
communications between lawyers and clients, doctors and Torture Act of 2009," at any time during the investigation or
patients, journalists and their sources and confidential business interrogation of a detained suspected terrorist is absolutely
correspondence shall not be authorized. prohibited and shall be penalized under said law. Any evidence
obtained from said detained person resulting from such
The law enforcement agent or military personnel shall likewise treatment shall be, in its entirely, inadmissible and cannot be
be obligated to (1) file an ex-parte application with the Court of used as evidence in any judicial, quasi-judicial, legislative, or
Appeals for the issuance of an order, to compel administrative investigation, inquiry, proceeding, or hearing.
telecommunications service providers (TSP) and internet
service providers (ISP) to produce all customer information and RA 9745 TORTURE ACT
identification records as well as call and text data records, Section 4. Acts of Torture. - For purposes of this Act, torture
content and other cellular or internet metadata of any person shall include, but not be limited to, the following:
suspected of any of the crimes defined and penalized under
the provisions of this Act; and (2) furnish the National
Telecommunications Commission (NTC) a copy of said (a) Physical torture is a form of treatment or
application. The NTC shall likewise be notified upon the punishment inflicted by a person in authority or agent
issuance of the order for the purpose of ensuring immediate of a person in authority upon another in his/her
compliance. custody that causes severe pain, exhaustion,
disability or dysfunction of one or more parts of the
body, such as:
Section 29. Detention Without Judicial Warrant of Arrest. - The
provisions of Article 125 of the revised Penal Code to the
contrary notwithstanding, any law enforcement agent or military (1) Systematic beating, headbanging,
personnel, who, having been duly authorized in writing by the punching, kicking, striking with truncheon or
ATC has taken custody of a person suspected of committing rifle butt or other similar objects, and jumping
any of the acts defined and penalized under Sections 4, 5, 6, 7, on the stomach;
 (2) Food deprivation or forcible feeding with (2) Threatening a person(s) or his/fher
spoiled food, animal or human excreta and relative(s) with bodily harm, execution or
other stuff or substances not normally eaten; other wrongful acts;

(3) Electric shock; (3) Confinement in solitary cells or secret

detention places;
(4) Cigarette burning; burning by electrically
heated rods, hot oil, acid; by the rubbing of (4) Prolonged interrogation;
pepper or other chemical substances on
mucous membranes, or acids or spices (5) Preparing a prisoner for a "show trial",
directly on the wound(s); public display or public humiliation of a
detainee or prisoner;
(5) The submersion of the head in water or
water polluted with excrement, urine, vomit (6) Causing unscheduled transfer of a
and/or blood until the brink of suffocation; person deprived of liberty from one place to
another, creating the belief that he/she shall
(6) Being tied or forced to assume fixed and be summarily executed;
stressful bodily position;
(7) Maltreating a member/s of a person's
(7) Rape and sexual abuse, including the family;
insertion of foreign objects into the sex organ
or rectum, or electrical torture of the genitals; (8) Causing the torture sessions to be
witnessed by the person's family, relatives or
(8) Mutilation or amputation of the essential any third party;
parts of the body such as the genitalia, ear,
tongue, etc.; (9) Denial of sleep/rest;

(9) Dental torture or the forced extraction of (10) Shame infliction such as stripping the
the teeth; person naked, parading him/her in public
places, shaving the victim's head or putting
(10) Pulling out of fingernails; marks on his/her body against his/her will;

(11) Harmful exposure to the elements such (11) Deliberately prohibiting the victim to
as sunlight and extreme cold; communicate with any member of his/her
family; and
(12) The use of plastic bag and other
materials placed over the head to the point of (12) Other analogous acts of
asphyxiation; mental/psychological torture.

(13) The use of psychoactive drugs to Section 13. Who are Criminally Liable. - Any person who
change the perception, memory. alertness or actually participated Or induced another in the commission of
will of a person, such as: torture or other cruel, inhuman and degrading treatment or
punishment or who cooperated in the execution of the act of
(i) The administration or drugs to induce torture or other cruel, inhuman and degrading treatment or
confession and/or reduce mental punishment by previous or simultaneous acts shall be liable as
competency; or principal

(ii) The use of drugs to induce extreme pain Any superior military, police or law enforcement officer or
or certain symptoms of a disease; and senior government official who issued an order to any lower
ranking personnel to commit torture for whatever purpose shall
be held equally liable as principals.
(14) Other analogous acts of physical torture;
and
The immediate commanding officer of the unit concerned of the
AFP or the immediate senior public official of the PNP and
(b) "Mental/Psychological Torture" refers to acts other law enforcement agencies shall be held liable as a
committed by a person in authority or agent of a principal to the crime of torture or other cruel or inhuman and
person in authority which are calculated to affect or degrading treatment or punishment for any act or omission, or
confuse the mind and/or undermine a person's dignity negligence committed by him/her that shall have led, assisted,
and morale, such as: abetted or allowed, whether directly or indirectly, the
commission thereof by his/her subordinates. If he/she has
(1) Blindfolding; knowledge of or, owing to the circumstances at the time,
should have known that acts of torture or other cruel, inhuman
and degrading treatment or punishment shall be committed, is
being committed, or has been committed by his/her
subordinates or by others within his/her area of responsibility defined in this Act and the person who committed the crime shall be
and, despite such knowledge, did not take preventive or punished in accordance with this Act: Provided, That injuries caused
corrective action either before, during or immediately after its on the occasion of the conduct of competitions, sports, games, or any
commission, when he/she has the authority to prevent or recreation activities involving imitation firearms shall not be
investigate allegations of torture or other cruel, inhuman and punishable under this Act.
degrading treatment or punishment but failed to prevent or
investigate allegations of such act, whether deliberately or due RA 9165 AMENDED BY RA 10640
to negligence shall also be liable as principals. "SEC. 21. Custody and Disposition of Confiscated, Seized,
and/or Surrendered Dangerous Drugs, Plant Sources of
Any public officer or employee shall be liable as an accessory if Dangerous Drugs, Controlled Precursors and Essential
he/she has knowledge that torture or other cruel, inhuman and Chemicals, Instruments/Paraphernalia and/or Laboratory
degrading treatment or punishment is being committed and Equipment. – The PDEA shall take charge and have custody
without having participated therein, either as principal or of all dangerous drugs, plant sources of dangerous drugs,
accomplice, takes part subsequent to its commission in any of controlled precursors and essential chemicals, as well as
the following manner: instruments/paraphernalia and/or laboratory equipment so
confiscated, seized and/or surrendered, for proper disposition
(a) By themselves profiting from or assisting the in the following manner:
offender to profit from the effects of the act of torture
or other cruel, inhuman and degrading treatment or "(1) The apprehending team having initial custody and control
punishment; of the dangerous drugs, controlled precursors and essential
chemicals, instruments/paraphernalia and/or laboratory
(b) By concealing the act of torture or other cruel, equipment shall, immediately after seizure and confiscation,
inhuman and degrading treatment or punishment conduct a physical inventory of the seized items and
and/or destroying the effects or instruments thereof in photograph the same in the presence of the accused or the
order to prevent its discovery; or(c) By harboring, person/s from whom such items were confiscated and/or
concealing or assisting m the escape of the principal/s seized, or his/her representative or counsel, with an elected
in the act of torture or other cruel, inhuman and public official and a representative of the National Prosecution
degrading treatment or punishment: Provided, That Service or the media who shall be required to sign the copies
the accessory acts are done with the abuse of the of the inventory and be given a copy thereof: Provided, That
official's public functions. the physical inventory and photograph shall be conducted at
the place where the search warrant is served; or at the nearest
police station or at the nearest office of the apprehending
RA 10591 FIREARMS officer/team, whichever is practicable, in case of warrantless
Loose firearm refers to an unregistered firearm, an obliterated or seizures: Provided, finally, That noncompliance of these
altered firearm, firearm which has been lost or stolen, illegally requirements under justifiable grounds, as long as the integrity
manufactured firearms, registered firearms in the possession of an and the evidentiary value of the seized items are properly
individual other than the licensee and those with revoked licenses in preserved by the apprehending officer/team, shall not render
accordance with the rules and regulations. void and invalid such seizures and custody over said items.

SEC. 29. Use of Loose Firearm in the Commission of a Crime. – The "x x x
use of a loose firearm, when inherent in the commission of a crime
punishable under the Revised Penal Code or other special laws, shall
be considered as an aggravating circumstance: Provided, That if the "(3) A certification of the forensic laboratory examination
crime committed with the use of a loose firearm is penalized by the results, which shall be done by the forensic laboratory
law with a maximum penalty which is lower than that prescribed in examiner, shall be issued immediately upon the receipt of the
the preceding section for illegal possession of firearm, the penalty for subject item/s: Provided, That when the volume of dangerous
illegal possession of firearm shall be imposed in lieu of the penalty drugs, plant sources of dangerous drugs, and controlled
for the crime charged: Provided, further, That if the crime committed precursors and essential chemicals does not allow the
with the use of a loose firearm is penalized by the law with a completion of testing within the time frame, a partial laboratory
maximum penalty which is equal to that imposed under the preceding examination report shall be provisionally issued stating therein
section for illegal possession of firearms, the penalty of prision the quantities of dangerous drugs still to be examined by the
mayor in its minimum period shall be imposed in addition to the forensic laboratory: Provided, however, That a final certification
penalty for the crime punishable under the Revised Penal Code or shall be issued immediately upon completion of the said
other special laws of which he/she is found guilty. examination and certification;

If the violation of this Act is in furtherance of, or incident to, or in RA 9287 GAMBLING LAW
connection with the crime of rebellion of insurrection, or Sec. 2. Definition of Terms. - As used in this Act, the following
attempted coup d’ etat, such violation shall be absorbed as an terms shall mean:
element of the crime of rebellion or insurrection, or attempted coup
d’ etat. a) Illegal Numbers Game. - Any form illegal gambling
activity which uses numbers or combinations thereof
If the crime is committed by the person without using the loose as factors in giving out jackpots.
firearm, the violation of this Act shall be considered as a distinct and
separate offense. b) Jueteng. - An illegal numbers game that involves
the combination of thirty-seven (37) numbers against
SEC. 35. Use of an Imitation Firearm. – An imitation firearm used in thirty-seven (37) numbers from number one (1) to
the commission of a crime shall be considered a real firearm as thirty seven (37) or the combination of thirty-eight (38)
numbers in some areas, serving as a form of local
 lottery where bets are placed and accepted per personnel or staff of an illegal numbers game
combination, and its variants. operation;

c) Masiao. - An illegal numbers game where the The same penalty shall likewise be imposed to any
winning combination is derived from the results of the person who allows his vehicle, house, building or land
last game of Jai Alai or the Special Llave portion or to be used in the operation of the illegal numbers
any result thereof based on any fictitious Jai Alai games.
game consisting of ten (10) players pitted against one
another, and its variants. c) The penalty of imprisonment from eight (8) years
and one (1) day to ten (10) years, if such person acts
d) Last Two. - An illegal numbers game where the as a collector or agent;
winning combination is derived from the last two (2)
numbers of the first prize of the winning Sweepstakes d) The penalty of imprisonment from ten (10) years
ticket which comes out during the weekly draw of the and one (1) day to twelve (12) years, if such person
Philippine Charity Sweepstakes Office (PCSO), and acts as a coordinator, controller or supervisor;
its variants.
e) The penalty of imprisonment from twelve (12) years
e) Bettor ("Mananaya", "Tayador" or variants and one (1) day to ten (10) fourteen (14) years, if such
thereof). - Any person who places bets for person acts as a maintainer, manager or operator;
himself/herself or in behalf of another person, or any and
person, other than the personnel or staff of any illegal
numbers game operation.
f) The penalty of imprisonment from fourteen (14)
years and one (1) day to sixteen (16) years, if such
f) Personnel or Staff of Illegal Numbers Game person acts as a financier or capitalist;
Operation. - Any person, who acts in the interest of
the maintainer, manager or operator, such as, but not
limited to, an accountant, cashier, checker, guard, g) The penalty of imprisonment from sixteen (16)
runner, table manager, usher, watcher, or any other years and one (1) day to twenty (20) years, if such
personnel performing such similar functions in a person acts as protector or coddler.
building structure, vessel, vehicle, or any other place
where an illegal numbers game is operated or RA 3019 GRAFT
conducted. Section 2. Definition of terms. As used in this Act, that term

g) Collector or Agent ("Cabo", "Cobrador", "Coriador" (b) "Public officer" includes elective and appointive
or variants thereof). - Any person who collects, solicits officials and employees, permanent or temporary,
or produces bets in behalf of his/her principal for any whether in the classified or unclassified or exempt
illegal numbers game who is usually in possession of service receiving compensation, even nominal, from
gambling paraphernalia. the government as defined in the preceding
subparagraph.
h) Coordinator, Controller or Supervisor ("Encargado"
or variants thereof). - Any person who exercises (c) "Receiving any gift" includes the act of accepting
control and supervision over the collector or agent. directly or indirectly a gift from a person other than a
member of the public officer's immediate family, in
i) Maintainer, Manager or Operator. - Any person who behalf of himself or of any member of his family or
maintains, manages or operates any illegal number relative within the fourth civil degree, either by
game in a specific area from whom the coordinator, consanguinity or affinity, even on the occasion of a
controller or supervisor, and collector or agent take family celebration or national festivity like Christmas, if
orders. the value of the gift is under the circumstances
manifestly excessive.
j) Financiers or Capitalist. - Any person who finances
the operations of any illegal numbers game. Section 3. Corrupt practices of public officers. In addition to
acts or omissions of public officers already penalized by
existing law, the following shall constitute corrupt practices of
k) Protector or Coddler. - Any person who lends or any public officer and are hereby declared to be unlawful:
provides protection, or receives benefits in any
manner in the operation of any illegal numbers game.
(a) Persuading, inducing or influencing another public
officer to perform an act constituting a violation of
Sec. 3. Punishable Acts. - Any person who participates in any rules and regulations duly promulgated by competent
illegal numbers game shall suffer the following penalties: authority or an offense in connection with the official
duties of the latter, or allowing himself to be
a) The penalty of imprisonment from thirty (30) days persuaded, induced, or influenced to commit such
to ninety (90) days, if such person acts as a bettor; violation or offense.

b) The penalty of imprisonment from six (6) years and (b) Directly or indirectly requesting or receiving any
one (1) day to eight (8) years, if such person acts as a gift, present, share, percentage, or benefit, for himself
or for any other person, in connection with any
contract or transaction between the Government and qualified for or not legally entitled to such license,
any other part, wherein the public officer in his official permit, privilege or advantage, or of a mere
capacity has to intervene under the law. representative or dummy of one who is not so
qualified or entitled.
(c) Directly or indirectly requesting or receiving any
gift, present or other pecuniary or material benefit, for (k) Divulging valuable information of a confidential
himself or for another, from any person for whom the character, acquired by his office or by him on account
public officer, in any manner or capacity, has secured of his official position to unauthorized persons, or
or obtained, or will secure or obtain, any Government releasing such information in advance of its
permit or license, in consideration for the help given or authorized release date.
to be given, without prejudice to Section thirteen of
this Act. The person giving the gift, present, share, percentage or
benefit referred to in subparagraphs (b) and (c); or offering or
(d) Accepting or having any member of his family giving to the public officer the employment mentioned in
accept employment in a private enterprise which has subparagraph (d); or urging the divulging or untimely release of
pending official business with him during the the confidential information referred to in subparagraph (k) of
pendency thereof or within one year after its this section shall, together with the offending public officer, be
termination. punished under Section nine of this Act and shall be
permanently or temporarily disqualified in the discretion of the
(e) Causing any undue injury to any party, including Court, from transacting business in any form with the
the Government, or giving any private party any Government.
unwarranted benefits, advantage or preference in the
discharge of his official administrative or judicial Section 4. Prohibition on private individuals. (a) It shall be
functions through manifest partiality, evident bad faith unlawful for any person having family or close personal relation
or gross inexcusable negligence. This provision shall with any public official to capitalize or exploit or take advantage
apply to officers and employees of offices or of such family or close personal relation by directly or indirectly
government corporations charged with the grant of requesting or receiving any present, gift or material or
licenses or permits or other concessions. pecuniary advantage from any other person having some
business, transaction, application, request or contract with the
(f) Neglecting or refusing, after due demand or government, in which such public official has to intervene.
request, without sufficient justification, to act within a Family relation shall include the spouse or relatives by
reasonable time on any matter pending before him for consanguinity or affinity in the third civil degree. The word
the purpose of obtaining, directly or indirectly, from "close personal relation" shall include close personal
any person interested in the matter some pecuniary or friendship, social and fraternal connections, and professional
material benefit or advantage, or for the purpose of employment all giving rise to intimacy which assures free
favoring his own interest or giving undue advantage in access to such public officer.
favor of or discriminating against any other interested
party. (b) It shall be unlawful for any person knowingly to
induce or cause any public official to commit any of
(g) Entering, on behalf of the Government, into any the offenses defined in Section 3 hereof.
contract or transaction manifestly and grossly
disadvantageous to the same, whether or not the Section 5. Prohibition on certain relatives. It shall be unlawful
public officer profited or will profit thereby. for the spouse or for any relative, by consanguinity or affinity,
within the third civil degree, of the President of the Philippines,
(h) Director or indirectly having financing or pecuniary the Vice-President of the Philippines, the President of the
interest in any business, contract or transaction in Senate, or the Speaker of the House of Representatives, to
connection with which he intervenes or takes part in intervene, directly or indirectly, in any business, transaction,
his official capacity, or in which he is prohibited by the contract or application with the Government: Provided, That
Constitution or by any law from having any interest. this section shall not apply to any person who, prior to the
assumption of office of any of the above officials to whom he is
related, has been already dealing with the Government along
(i) Directly or indirectly becoming interested, for the same line of business, nor to any transaction, contract or
personal gain, or having a material interest in any application already existing or pending at the time of such
transaction or act requiring the approval of a board, assumption of public office, nor to any application filed by him
panel or group of which he is a member, and which the approval of which is not discretionary on the part of the
exercises discretion in such approval, even if he votes official or officials concerned but depends upon compliance
against the same or does not participate in the action with requisites provided by law, or rules or regulations issued
of the board, committee, panel or group. pursuant to law, nor to any act lawfully performed in an official
capacity or in the exercise of a profession.
Interest for personal gain shall be presumed against
those public officers responsible for the approval of Section 14. Exception. Unsolicited gifts or presents of small or
manifestly unlawful, inequitable, or irregular insignificant value offered or given as a mere ordinary token of
transaction or acts by the board, panel or group to gratitude or friendship according to local customs or usage,
which they belong. shall be excepted from the provisions of this Act.

(j) Knowingly approving or granting any license, Nothing in this Act shall be interpreted to prejudice or prohibit
permit, privilege or benefit in favor of any person not the practice of any profession, lawful trade or occupation by
any private person or by any public officer who under the law (a) Child refers to any human being under eighteen
may legitimately practice his profession, trade or occupation, (18) years of age, or any person eighteen (18) years
during his incumbency, except where the practice of such of age or over but who is unable to fully take care and
profession, trade or occupation involves conspiracy with any protect oneself from abuse, neglect, cruelty,
other person or public official to commit any of the violations exploitation or discrimination because of a physical or
penalized in this Act. mental disability or condition;

RA 7080 PLUNDER (b) Child marriage refers to any marriage entered into
Section 1. Definition of Terms. — As used in this Act, the term where one or both parties are children as defined in
— a) “Public Officer” means any person holding any public the paragraph above, and solemnized in civil or
office in the Government of the Republic of the Philippines by church proceedings, or in any recognized traditional,
virtue of an appointment, election or contract. cultural or customary manner. It shall include an
informal union or cohabitation outside of wedlock
d) “Ill-gotten wealth” means any asset, property, business between an adult and a child, or between children;
enterprise or material possession of any person within the
purview of Section Two (2) hereof, acquired by him directly or (c) Guardians refer to relatives or individuals taking
indirectly through dummies, nominees, agents, subordinates custody of a child in the absence of the parents, or
and/or business associates by any combination or series of the anyone to whom a child is given or left for care or
following means or similar schemes: 1) Through custody, whether permanent or temporary; or persons
misappropriation, conversion, misuse, or malversation of public judicially appointed by a competent court as
funds or raids on the public treasury; 2) By receiving, directly guardians;
or indirectly, any commission, gift, share, percentage,
kickbacks or any other form of pecuniary benefit from any (d) Parents refer to biological parents or adoptive
person and/or entity in connection with any government parents; and
contract or project or by reason of the office or position of the
public officer concerned; 3) By the illegal or fraudulent
conveyance or disposition of assets belonging to the National (e) Solemnizing officers refers to any person
Government or any of its subdivisions, agencies or authorized to officiate a marriage under Executive
instrumentalities or government-owned or -controlled Order No. 209, otherwise known as “The Family Code
corporations and their subsidiaries; 4) By obtaining, receiving of the Philippines,” or recognized to celebrate
or accepting directly or indirectly any shares of stock, equity or marriages by reason of religion, tradition, or customs.
any other form of interest or participation including the promise
of future employment in any business enterprise or Section 4. Unlawful Acts. – The following are declared
undertaking; 5) By establishing agricultural, industrial or unlawful and prohibited acts:
commercial monopolies or other combinations and/or
implementation of decrees and orders intended to benefit (a) Facilitation of Child Marriage. – Any person who
particular persons or special interests; or 6) By taking undue causes, fixes, facilitates, or arranges a child marriage
advantage of official position, authority, relationship, shall suffer the penalty of prision mayor in its medium
connection or influence to unjustly enrich himself or themselves period and a fine of not less than Forty thousand
at the expense and to the damage and prejudice of the Filipino pesos (P40,000.00): Provided, however, That should
people and the Republic of the Philippines. 61Section the perpetrator be an ascendant, parent, adoptive
parent, step parent, or guardian of the child, the
2. Definition of the Crime of Plunder; Penalties.— Any public penalty shall be prision mayor in its maximum period,
officer who, by himself or in connivance with members of his or fine of not less than Fifty thousand pesos
family, relatives by affinity or consanguinity, business (P50,000.00), and perpetual loss of parental
associates, subordinates or other persons, amasses, authority: Provided, further, That any person who
accumulates or acquires ill-gotten wealth through a produces, prints, issues and/or distributes fraudulent
combination or series of overt or criminal acts as described in or tampered documents such as birth certificates,
Section 1(d) hereof in the aggregate amount or total value of at affidavits of delayed registration of birth and/or
least Fifty million pesos (P50,000,000.00) shall be guilty of the foundling certificates for the purpose of
crime of plunder and shall be punished by reclusion perpetua misrepresenting the age of a child to facilitate child
to death. Any person who participated with the said public marriage or evade liability under this Act shall be
officer in the commission of an offense contributing to the crime liable under this section, without prejudice to liability
of plunder shall likewise be punished for such offense. In the under other laws: Provided, finally, That if the
imposition of penalties, the degree of participation and the perpetrator is a public officer, he or she shall be
attendance of mitigating and extenuating circumstances, as dismissed from the service and may be perpetually
provided by the Revised Penal Code, shall be considered by disqualified from holding office, at the discretion of the
the court. The court shall declare any and all ill-gotten wealth courts;
and their interests and other incomes and assets including the
properties and shares of stocks derived from the deposit or (b) Solemnization of Child Marriage. – Any person
investment thereof forfeited in favor of the State. (As amended who performs or officiates a child marriage shall suffer
by RA 7659, approved Dec. 13, 1993.) the penalty of prision mayor in its maximum period
and a fine of not less than Fifty thousand pesos
RA 11596 CHILD MARRIAGE (P50,000.00): Provided, however, That if the
Section 3. Definition of Terms. – As used in this Act: perpetrator is a public officer, he or she shall be
dismissed from the service and may be perpetually
disqualified from holding office, at the discretion of the
courts; and
 (c) Cohabitation of an Adult with a Child Outside deprivation of the right to custody and/or visitation of common
Wedlock. – An adult partner who cohabits with a child children.
outside wedlock shall suffer the penalty of prision
mayor in its maximum period and a fine of not less D. "Economic abuse" refers to acts that make or attempt to
than Fifty thousand pesos make a woman financially dependent which includes, but is not
(P50,000.00): Provided, however, That if the limited to the following:
perpetrator is a public officer, he or she shall likewise
be dismissed from the service and may be perpetually
disqualified from holding office, at the discretion of the 1. withdrawal of financial support or preventing the victim from
courts: Provided, finally, That this shall be without engaging in any legitimate profession, occupation, business or
prejudice to higher penalties that may be imposed in activity, except in cases wherein the other spouse/partner
the Revised Penal Code and other special laws. objects on valid, serious and moral grounds as defined in
Article 73 of the Family Code;
Section 5. Public Crimes. – The foregoing unlawful and
prohibited acts are deemed public crimes and be initiated by 2. deprivation or threat of deprivation of financial resources and
any concerned individual. the right to the use and enjoyment of the conjugal, community
or property owned in common;
RA 9262
SECTION 3. Definition of Terms.- As used in this Act, 3. destroying household property;

(a) "Violence against women and their children" refers 4. controlling the victims' own money or properties or solely
to any act or a series of acts committed by any person controlling the conjugal money or properties.
against a woman who is his wife, former wife, or
against a woman with whom the person has or had a (b) "Battery" refers to an act of inflicting physical harm upon the
sexual or dating relationship, or with whom he has a woman or her child resulting to the physical and psychological
common child, or against her child whether legitimate or emotional distress.
or illegitimate, within or without the family abode,
which result in or is likely to result in physical, sexual, (c) "Battered Woman Syndrome" refers to a scientifically
psychological harm or suffering, or economic abuse defined pattern of psychological and behavioral symptoms
including threats of such acts, battery, assault, found in women living in battering relationships as a result of
coercion, harassment or arbitrary deprivation of cumulative abuse.
liberty. It includes, but is not limited to, the following
acts:
(d) "Stalking" refers to an intentional act committed by a person
who, knowingly and without lawful justification follows the
A. "Physical Violence" refers to acts that include bodily or woman or her child or places the woman or her child under
physical harm; surveillance directly or indirectly or a combination thereof.

B. "Sexual violence" refers to an act which is sexual in nature, (e) "Dating relationship" refers to a situation wherein the parties
committed against a woman or her child. It includes, but is not live as husband and wife without the benefit of marriage or are
limited to: romantically involved over time and on a continuing basis
during the course of the relationship. A casual acquaintance or
a) rape, sexual harassment, acts of lasciviousness, treating a ordinary socialization between two individuals in a business or
woman or her child as a sex object, making demeaning and social context is not a dating relationship.
sexually suggestive remarks, physically attacking the sexual
parts of the victim's body, forcing her/him to watch obscene (f) "Sexual relations" refers to a single sexual act
publications and indecent shows or forcing the woman or her which may or may not result in the bearing of a
child to do indecent acts and/or make films thereof, forcing the common child.
wife and mistress/lover to live in the conjugal home or sleep
together in the same room with the abuser;
(g) "Safe place or shelter" refers to any home or
institution maintained or managed by the Department
b) acts causing or attempting to cause the victim to engage in of Social Welfare and Development (DSWD) or by
any sexual activity by force, threat of force, physical or other any other agency or voluntary organization accredited
harm or threat of physical or other harm or coercion; by the DSWD for the purposes of this Act or any other
suitable place the resident of which is willing
c) Prostituting the woman or child. temporarily to receive the victim.

C. "Psychological violence" refers to acts or omissions causing (h) "Children" refers to those below eighteen (18)
or likely to cause mental or emotional suffering of the victim years of age or older but are incapable of taking care
such as but not limited to intimidation, harassment, stalking, of themselves as defined under Republic Act No.
damage to property, public ridicule or humiliation, repeated 7610. As used in this Act, it includes the biological
verbal abuse and mental infidelity. It includes causing or children of the victim and other children under her
allowing the victim to witness the physical, sexual or care.
psychological abuse of a member of the family to which the
victim belongs, or to witness pornography in any form or to
witness abusive injury to pets or to unlawful or unwanted
SECTION 5. Acts of Violence Against Women and Their (1) Stalking or following the woman or her
Children.- The crime of violence against women and their child in public or private places;
children is committed through any of the following acts:
(2) Peering in the window or lingering outside
(a) Causing physical harm to the woman or her child; the residence of the woman or her child;

(b) Threatening to cause the woman or her child (3) Entering or remaining in the dwelling or
physical harm; on the property of the woman or her child
against her/his will;
(c) Attempting to cause the woman or her child
physical harm; (4) Destroying the property and personal
belongings or inflicting harm to animals or
(d) Placing the woman or her child in fear of imminent pets of the woman or her child; and
physical harm;
(5) Engaging in any form of harassment or
(e) Attempting to compel or compelling the woman or violence;
her child to engage in conduct which the woman or
her child has the right to desist from or desist from (i) Causing mental or emotional anguish, public
conduct which the woman or her child has the right to ridicule or humiliation to the woman or her child,
engage in, or attempting to restrict or restricting the including, but not limited to, repeated verbal and
woman's or her child's freedom of movement or emotional abuse, and denial of financial support or
conduct by force or threat of force, physical or other custody of minor children of access to the woman's
harm or threat of physical or other harm, or child/children.
intimidation directed against the woman or child. This
shall include, but not limited to, the following acts SECTION 8. Protection Orders.- A protection order is an order
committed with the purpose or effect of controlling or issued under this act for the purpose of preventing further acts
restricting the woman's or her child's movement or of violence against a woman or her child specified in Section 5
conduct: of this Act and granting other necessary relief. The relief
granted under a protection order serve the purpose of
(1) Threatening to deprive or actually safeguarding the victim from further harm, minimizing any
depriving the woman or her child of custody disruption in the victim's daily life, and facilitating the
to her/his family; opportunity and ability of the victim to independently regain
control over her life. The provisions of the protection order shall
(2) Depriving or threatening to deprive the be enforced by law enforcement agencies. The protection
woman or her children of financial support orders that may be issued under this Act are the barangay
legally due her or her family, or deliberately protection order (BPO), temporary protection order (TPO) and
providing the woman's children insufficient permanent protection order (PPO). The protection orders that
financial support; may be issued under this Act shall include any, some or all of
the following reliefs:
(3) Depriving or threatening to deprive the
woman or her child of a legal right; (a) Prohibition of the respondent from threatening to
commit or committing, personally or through another,
any of the acts mentioned in Section 5 of this Act;
(4) Preventing the woman in engaging in any
legitimate profession, occupation, business
or activity or controlling the victim's own (b) Prohibition of the respondent from harassing,
mon4ey or properties, or solely controlling annoying, telephoning, contacting or otherwise
the conjugal or common money, or communicating with the petitioner, directly or
properties; indirectly;

(f) Inflicting or threatening to inflict physical harm on (c) Removal and exclusion of the respondent from the
oneself for the purpose of controlling her actions or residence of the petitioner, regardless of ownership of
decisions; the residence, either temporarily for the purpose of
protecting the petitioner, or permanently where no
property rights are violated, and if respondent must
(g) Causing or attempting to cause the woman or her remove personal effects from the residence, the court
child to engage in any sexual activity which does not shall direct a law enforcement agent to accompany
constitute rape, by force or threat of force, physical the respondent has gathered his things and escort
harm, or through intimidation directed against the respondent from the residence;
woman or her child or her/his immediate family;
(d) Directing the respondent to stay away from
(h) Engaging in purposeful, knowing, or reckless petitioner and designated family or household
conduct, personally or through another, that alarms or member at a distance specified by the court, and to
causes substantial emotional or psychological distress stay away from the residence, school, place of
to the woman or her child. This shall include, but not employment, or any specified place frequented by the
be limited to, the following acts: petitioner and any designated family or household
member;
 (e) Directing lawful possession and use by petitioner (b) parents or guardians of the offended party;
of an automobile and other essential personal effects,
regardless of ownership, and directing the appropriate (c) ascendants, descendants or collateral relatives
law enforcement officer to accompany the petitioner to within the fourth civil degree of consanguinity or
the residence of the parties to ensure that the affinity;
petitioner is safely restored to the possession of the
automobile and other essential personal effects, or to
supervise the petitioner's or respondent's removal of (d) officers or social workers of the DSWD or social
personal belongings; workers of local government units (LGUs);

(f) Granting a temporary or permanent custody of a (e) police officers, preferably those in charge of
child/children to the petitioner; women and children's desks;

(g) Directing the respondent to provide support to the (f) Punong Barangay or Barangay Kagawad;
woman and/or her child if entitled to legal support.
Notwithstanding other laws to the contrary, the court (g) lawyer, counselor, therapist or healthcare provider
shall order an appropriate percentage of the income of the petitioner;
or salary of the respondent to be withheld regularly by
the respondent's employer for the same to be (h) At least two (2) concerned responsible citizens of
automatically remitted directly to the woman. Failure the city or municipality where the violence against
to remit and/or withhold or any delay in the remittance women and their children occurred and who has
of support to the woman and/or her child without personal knowledge of the offense committed.
justifiable cause shall render the respondent or his
employer liable for indirect contempt of court;
SECTION 10. Where to Apply for a Protection Order. –
Applications for BPOs shall follow the rules on venue under
(h) Prohibition of the respondent from any use or Section 409 of the Local Government Code of 1991 and its
possession of any firearm or deadly weapon and implementing rules and regulations. An application for a TPO
order him to surrender the same to the court for or PPO may be filed in the regional trial court, metropolitan trial
appropriate disposition by the court, including court, municipal trial court, municipal circuit trial court with
revocation of license and disqualification to apply for territorial jurisdiction over the place of residence of the
any license to use or possess a firearm. If the petitioner: Provided, however, That if a family court exists in
offender is a law enforcement agent, the court shall the place of residence of the petitioner, the application shall be
order the offender to surrender his firearm and shall filed with that court.
direct the appropriate authority to investigate on the
offender and take appropriate action on matter;
SECTION 11. How to Apply for a Protection Order. – The
application for a protection order must be in writing, signed and
(i) Restitution for actual damages caused by the verified under oath by the applicant. It may be filed as an
violence inflicted, including, but not limited to, property independent action or as incidental relief in any civil or criminal
damage, medical expenses, childcare expenses and case the subject matter or issues thereof partakes of a violence
loss of income; as described in this Act. A standard protection order application
form, written in English with translation to the major local
(j) Directing the DSWD or any appropriate agency to languages, shall be made available to facilitate applications for
provide petitioner may need; and protections order, and shall contain, among other, the following
information:
(k) Provision of such other forms of relief as the court
deems necessary to protect and provide for the safety (a) names and addresses of petitioner and
of the petitioner and any designated family or respondent;
household member, provided petitioner and any
designated family or household member consents to (b) description of relationships between petitioner and
such relief. respondent;

Any of the reliefs provided under this section shall be (c) a statement of the circumstances of the abuse;
granted even in the absence of a decree of legal
separation or annulment or declaration of absolute
nullity of marriage. (d) description of the reliefs requested by petitioner as
specified in Section 8 herein;
The issuance of a BPO or the pendency of an
application for BPO shall not preclude a petitioner (e) request for counsel and reasons for such;
from applying for, or the court from granting a TPO or
PPO. (f) request for waiver of application fees until hearing;
and
SECTION 9. Who may file Petition for Protection Orders. – A
petition for protection order may be filed by any of the (g) an attestation that there is no pending application
following: for a protection order in another court.

(a) the offended party;

If the applicants is not the victim, the application must be SECTION 15. Temporary Protection Orders. – Temporary
accompanied by an affidavit of the applicant attesting to (a) the Protection Orders (TPOs) refers to the protection order issued
circumstances of the abuse suffered by the victim and (b) the by the court on the date of filing of the application after ex
circumstances of consent given by the victim for the filling of parte determination that such order should be issued. A court
the application. When disclosure of the address of the victim may grant in a TPO any, some or all of the reliefs mentioned in
will pose danger to her life, it shall be so stated in the this Act and shall be effective for thirty (30) days. The court
application. In such a case, the applicant shall attest that the shall schedule a hearing on the issuance of a PPO prior to or
victim is residing in the municipality or city over which court has on the date of the expiration of the TPO. The court shall order
territorial jurisdiction, and shall provide a mailing address for the immediate personal service of the TPO on the respondent
purpose of service processing. by the court sheriff who may obtain the assistance of law
enforcement agents for the service. The TPO shall include
An application for protection order filed with a court shall be notice of the date of the hearing on the merits of the issuance
considered an application for both a TPO and PPO. of a PPO.

Barangay officials and court personnel shall assist applicants in SECTION 16. Permanent Protection Orders. – Permanent
the preparation of the application. Law enforcement agents Protection Order (PPO) refers to protection order issued by the
shall also extend assistance in the application for protection court after notice and hearing.
orders in cases brought to their attention.
Respondents non-appearance despite proper notice, or his
SECTION 12. Enforceability of Protection Orders. – All TPOs lack of a lawyer, or the non-availability of his lawyer shall not
and PPOs issued under this Act shall be enforceable anywhere be a ground for rescheduling or postponing the hearing on the
in the Philippines and a violation thereof shall be punishable merits of the issuance of a PPO. If the respondents appears
with a fine ranging from Five Thousand Pesos (P5,000.00) to without counsel on the date of the hearing on the PPO, the
Fifty Thousand Pesos (P50,000.00) and/or imprisonment of six court shall appoint a lawyer for the respondent and
(6) months. immediately proceed with the hearing. In case the respondent
fails to appear despite proper notice, the court shall allow ex
parte presentation of the evidence by the applicant and render
SECTION 13. Legal Representation of Petitioners for judgment on the basis of the evidence presented. The court
Protection Order. – If the woman or her child requests in the shall allow the introduction of any history of abusive conduct of
applications for a protection order for the appointment of a respondent even if the same was not directed against the
counsel because of lack of economic means to hire a counsel applicant or the person for whom the applicant is made.
de parte, the court shall immediately direct the Public
Attorney's Office (PAO) to represent the petitioner in the
hearing on the application. If the PAO determines that the The court shall, to the extent possible, conduct the hearing on
applicant can afford to hire the services of a counsel de parte, the merits of the issuance of a PPO in one (1) day. Where the
it shall facilitate the legal representation of the petitioner by a court is unable to conduct the hearing within one (1) day and
counsel de parte. The lack of access to family or conjugal the TPO issued is due to expire, the court shall continuously
resources by the applicant, such as when the same are extend or renew the TPO for a period of thirty (30) days at
controlled by the perpetrator, shall qualify the petitioner to legal each particular time until final judgment is issued. The
representation by the PAO. extended or renewed TPO may be modified by the court as
may be necessary or applicable to address the needs of the
applicant.
However, a private counsel offering free legal service is not
barred from representing the petitioner.
The court may grant any, some or all of the reliefs specified in
Section 8 hereof in a PPO. A PPO shall be effective until
SECTION 14. Barangay Protection Orders (BPOs); Who May revoked by a court upon application of the person in whose
Issue and How. - Barangay Protection Orders (BPOs) refer to favor the order was issued. The court shall ensure immediate
the protection order issued by the Punong Barangay ordering personal service of the PPO on respondent.
the perpetrator to desist from committing acts under Section 5
(a) and (b) of this Act. A Punong Barangay who receives
applications for a BPO shall issue the protection order to the The court shall not deny the issuance of protection order on the
applicant on the date of filing after ex parte determination of basis of the lapse of time between the act of violence and the
the basis of the application. If the Punong Barangay is filing of the application.
unavailable to act on the application for a BPO, the application
shall be acted upon by any available Barangay Kagawad. If Regardless of the conviction or acquittal of the respondent, the
the BPO is issued by a Barangay Kagawad the order must be Court must determine whether or not the PPO shall become
accompanied by an attestation by the Barangay Kagawad that final. Even in a dismissal, a PPO shall be granted as long as
the Punong Barangay was unavailable at the time for the there is no clear showing that the act from which the order
issuance of the BPO. BPOs shall be effective for fifteen (15) might arise did not exist.
days. Immediately after the issuance of an ex parte BPO,
the Punong Barangay or Barangay Kagawad shall personally SECTION 26. Battered Woman Syndrome as a Defense. –
serve a copy of the same on the respondent, or direct any Victim-survivors who are found by the courts to be suffering
barangay official to effect is personal service. from battered woman syndrome do not incur any criminal and
civil liability notwithstanding the absence of any of the elements
The parties may be accompanied by a non-lawyer advocate in for justifying circumstances of self-defense under the Revised
any proceeding before the Punong Barangay. Penal Code.
In the determination of the state of mind of the woman who (f) "Internet content host" refers to a person who hosts
was suffering from battered woman syndrome at the time of the or who proposes to host internet content in the
commission of the crime, the courts shall be assisted by expert Philippines.
psychiatrists/ psychologists.
(g) "Internet service provider (ISP)" refers to a person
RA 9775 CHILD PORNOGRAPHY or entity that supplies or proposes to supply, an
Section 3. Definition of Terms. - internet carriage service to the public.

(a) "Child" refers to a person below eighteen (18) (h) "Grooming" refers to the act of preparing a child or
years of age or over, but is unable to fully take care of someone who the offender believes to be a child for
himself/herself from abuse, neglect, cruelty, sexual activity or sexual relationship by
exploitation or discrimination because of a physical or communicating any form of child pornography. It
mental disability or condition. includes online enticement or enticement through any
other means.
For the purpose of this Act, a child shall also refer to:
(i) "Luring" refers to the act of communicating, by
(1) a person regardless of age who is means of a computer system, with a child or someone
presented, depicted or portrayed as a child who the offender believes to be a child for the
as defined herein; and purpose of facilitating the commission of sexual
activity or production of any form of child
pornography.(2) Bestiality;
(2) computer-generated, digitally or manually
crafted images or graphics of a person who
is represented or who is made to appear to (j) "Pandering" refers to the act of offering,
be a child as defined herein. advertising, promoting, representing or distributing
through any means any material or purported material
that is intended to cause another to believe that the
(b) "Child pornography" refers to any representation, material or purported material contains any form of
whether visual, audio, or written combination thereof, child pornography, regardless of the actual content of
by electronic, mechanical, digital, optical, magnetic or the material or purported material.
any other means, of child engaged or involved in real
or simulated explicit sexual activities.
(k) "Person" refers to any natural or juridical entity.
(c) "Explicit Sexual Activity" includes actual or
simulated - Section 4. Unlawful or Prohibited Acts. - It shall be unlawful for
any person:
(1) As to form:
(a) To hire, employ, use, persuade, induce or coerce
a child to perform in the creation or production of any
(i) sexual intercourse or lascivious act form of child pornography;
including, but not limited to, contact involving
genital to genital, oral to genital, anal to
genital, or oral to anal, whether between (b) To produce, direct, manufacture or create any
persons of the same or opposite sex; form of child pornography;

(2) bestiality; (c) To publish offer, transmit, sell, distribute,

broadcast, advertise, promote, export or import any
form of child pornography;
(3) masturbation;
(d) To possess any form of child pornography with the
(4) sadistic or masochistic abuse; intent to sell, distribute, publish, or broadcast:
Provided. That possession of three (3) or more
(5) lascivious exhibition of the genitals, articles of child pornography of the same form shall be
buttocks, breasts, pubic area and/or anus; or prima facie evidence of the intent to sell, distribute,
publish or broadcast;
(6) use of any object or instrument for
lascivious acts (e) To knowingly, willfully and intentionally provide a
venue for the commission of prohibited acts as, but
(d) "Internet address" refers to a website, bulletin not limited to, dens, private rooms, cubicles, cinemas,
board service, internet chat room or news group, or houses or in establishments purporting to be a
any other internet or shared network protocol address. legitimate business;

(e) "Internet cafe or kiosk" refers to an establishment (f) For film distributors, theaters and
that offers or proposes to offer services to the public telecommunication companies, by themselves or in
for the use of its computer/s or computer system for cooperation with other entities, to distribute any form
the purpose of accessing the internet, computer of child pornography;
games or related services.
 (g) For a parent, legal guardian or person having (3) Living in or fending for themselves in the
custody or control of a child to knowingly permit the streets of urban or rural areas without the
child to engage, participate or assist in any form of care of parents or a guardian or basic
child pornography; services needed for a good quality of life;

(h) To engage in the luring or grooming of a child; (4) Being a member of a indigenous cultural
community and/or living under conditions of
(i) To engage in pandering of any form of child extreme poverty or in an area which is
pornography; underdeveloped and/or lacks or has
inadequate access to basic services needed
for a good quality of life;
(j) To willfully access any form of child pornography;
(5) Being a victim of a man-made or natural
(k) To conspire to commit any of the prohibited acts disaster or calamity; or
stated in this section. Conspiracy to commit any form
of child pornography shall be committed when two (2)
or more persons come to an agreement concerning (6) Circumstances analogous to those
the commission of any of the said prohibited acts and abovestated which endanger the life, safety
decide to commit it; and or normal development of children.

(l) To possess any form of child pornography. (d) "Comprehensive program against child abuse,
exploitation and discrimination" refers to the
coordinated program of services and facilities to
RA 7610 CHILD ABUSE AS AMENDED protected children against:
Section 3. Definition of Terms. –
(1) Child Prostitution and other sexual abuse;
(a) "Children" refers to person below eighteen (18)
years of age or those over but are unable to fully take
care of themselves or protect themselves from abuse, (2) Child trafficking;
neglect, cruelty, exploitation or discrimination because
of a physical or mental disability or condition; (3) Obscene publications and indecent
shows;
(b) "Child abuse" refers to the maltreatment, whether
habitual or not, of the child which includes any of the (4) Other acts of abuses; and
following:
(5) Circumstances which threaten or
(1) Psychological and physical abuse, endanger the survival and normal
neglect, cruelty, sexual abuse and emotional development of children.1awphi1Ÿ
maltreatment;
"Section 5. Child Prostitution and Other Sexual Abuse. -
(2) Any act by deeds or words which Children, whether male or female, who for money, profit, or any
debases, degrades or demeans the intrinsic other consideration or due to the coercion or influence of any
worth and dignity of a child as a human adult, syndicate or group, indulge in sexual intercourse or
being; lascivious conduct., are deemed to be children exploited in
prostitution and other sexual abuse
(3) Unreasonable deprivation of his basic
needs for survival, such as food and shelter; "(b) Those who commit the act of sexual intercourse
or or lascivious conduct with a child exploited in
prostitution or subjected to other sexual
(4) Failure to immediately give medical abuse: Provided, That when the victim is under
treatment to an injured child resulting in sixteen (16) years of age, the perpetrators shall be
serious impairment of his growth and prosecuted under Article 335, paragraph 2, for rape
development or in his permanent incapacity and Article 336 of Act No. 3815, as amended,
or death. otherwise known as "The Revised Penal Code", for
rape, or lascivious conduct, as the case may
be: Provided, That the penalty for lascivious conduct
(c) "Circumstances which gravely threaten or when the victim is under sixteen (16) years of age
endanger the survival and normal development of shall be reclusion perpetua in its medium period;
children" include, but are not limited to, the following;

(1) Being in a community where there is

armed conflict or being affected by armed
conflict-related activities;

(2) Working under conditions hazardous to

life, safety and normal which unduly interfere
with their normal development;
Section 6. Attempt To Commit Child Prostitution. – There is "If the child used as a performer, subject, or seller/distributor is
an attempt to commit child prostitution under Section 5, under eighteen (18) years of age, the penalty shall be imposed
paragraph (a) hereof when any person who, not being a in its maximum period.
relative of a child, is found alone with the said child inside the
room or cubicle of a house, an inn, hotel, motel, pension "Sec. 2. Employment of Children - Children below fifteen (15)
house, apartelle or other similar establishments, vessel, vehicle years of age shall not be employed except:
or any other hidden or secluded area under circumstances
which would lead a reasonable person to believe that the child
is about to be exploited in prostitution and other sexual abuse. "1) When a child works directly under the sole
responsibility of his/her parents or legal guardian and
where only members of his/her family are
There is also an attempt to commit child prostitution, under employed: Provided, however, That his/her
paragraph (b) of Section 5 hereof when any person is receiving employment neither endangers his/her life, safety,
services from a child in a sauna parlor or bath, massage clinic, health, and morals, nor impairs his/her normal
health club and other similar establishments. A penalty lower development: Provided, further, That the parent or
by two (2) degrees than that prescribed for the consummated legal guardian shall provide the said child with the
felony under Section 5 hereof shall be imposed upon the prescribed primary and/or secondary education; or
principals of the attempt to commit the crime of child
prostitution under this Act, or, in the proper case, under the
Revised Penal Code. "2) Where a child's employment or participation in
public entertainment or information through cinema,
theater, radio, television or other forms of media is
"Section 7. Child Trafficking. - Any person who shall engage in essential: Provided, That the employment contract is
trading and dealing with children including, but not limited to, concluded by the child's parents or legal guardian,
the act of buying and selling of a child for money, or for any with the express agreement of the child concerned, if
consideration, or barter, shall suffer the penalty of reclusion possible, and the approval of the Department of Labor
temporal to reclusion perpetua. The penalty shall be imposed and Employment: Provided, further, That the following
in its maximum period when the victim is under sixteen (16) requirements in all instances are strictly complied
years of age. with:

Section 8. Attempt to Commit Child Trafficking. – There is "(a) The employer shall ensure the
an attempt to commit child trafficking under Section 7 of this protection, health, safety, morals and normal
Act:1awphi1@alf development of the child;

(a) When a child travels alone to a foreign country "(b) The employer shall institute measures to
without valid reason therefor and without clearance prevent the child's exploitation or
issued by the Department of Social Welfare and discrimination taking into account the system
Development or written permit or justification from the and level of remuneration, and the duration
child's parents or legal guardian; and arrangement of working time; and

(c) When a person, agency, establishment or child- "(c) The employer shall formulate and
caring institution recruits women or couples to bear implement, subject to the approval and
children for the purpose of child trafficking; or supervision of competent authorities, a
continuing program for training and skills
(d) When a doctor, hospital or clinic official or acquisition of the child.
employee, nurse, midwife, local civil registrar or any
other person simulates birth for the purpose of child "In the above-exceptional cases where any such child
trafficking; or may be employed, the employer shall first secure,
before engaging such child, a work permit from the
(e) When a person engages in the act of finding Department of Labor and Employment which shall
children among low-income families, hospitals, clinics, ensure observance of the above requirements.
nurseries, day-care centers, or other child-during
institutions who can be offered for the purpose of child "For purposes of this Article, the term "child" shall
trafficking. apply to all persons under eighteen (18) years of
age."
A penalty lower two (2) degrees than that prescribed for the
consummated felony under Section 7 hereof shall be imposed RA 11648 STRONGER PROTECTION AGAINST RAPE; AGE
upon the principals of the attempt to commit child trafficking
under this Act. Section 1. Article 266-A (1)(d) of Act No. 3815, otherwise
known as "The Revised Penal Code," as amended by Republic
"Section 9. Obscene Publications and Indecent Shows. - Any Act No. 8353 known as "The Anti-Rape Law of 1997," is
person who shall hire, employ, use, persuade, induce, or hereby further amended to read as follows:
coerce a child to perform in, obscene exhibitions and indecent
shows, whether live of in video, or model in obscene "Article 266-A. Rape; When and How Committed. - Rape is
publications or pornographic materials, or to sell or distribute committed:
the said materials shall suffer the penalty of prision mayor in its
medium period.
"1) By a person who shall have carnal knowledge of another (3) Data Interference. — The intentional or reckless alteration,
person under any of the following circumstances: damaging, deletion or deterioration of computer data,
electronic document, or electronic data message, without right,
d) When the offended party is under sixteen (16) years of age including the introduction or transmission of viruses.
or is demented, even though none of the circumstances
mentioned above be present: Provided, That there shall be no (4) System Interference. — The intentional alteration or
criminal liability on the part of a person having carnal reckless hindering or interference with the functioning of a
knowledge of another person sixteen (16) years of age when computer or computer network by inputting, transmitting,
the age difference between the parties is not more than three damaging, deleting, deteriorating, altering or suppressing
(3) years, and the sexual act in question is proven to be computer data or program, electronic document, or electronic
consensual, non-abusive, and non-exploitative: Provided, data message, without right or authority, including the
further, That if the victim is under thirteen (13) years of age, introduction or transmission of viruses.
this exception shall not apply.
(5) Misuse of Devices.
"As used in this Act, non-abusive shall mean the absence of
undue influence, intimidation, fraudulent machinations, (i) The use, production, sale, procurement, importation,
coercion, threat, physical, sexual, psychological, or mental distribution, or otherwise making available, without right, of:
injury or maltreatment, either with intention or through neglect,
during the conduct of sexual activities with the child
victim.ℒαwρhi ৷ On the other hand, non-exploitative shall mean (aa) A device, including a computer program, designed or
there is no actual or attempted act or acts of unfairly taking adapted primarily for the purpose of committing any of the
advantage of the child's position of vulnerability, differential offenses under this Act; or
power, or trust during the conduct of sexual activities."
(bb) A computer password, access code, or similar data by
Section 2. Articles 337 and 338 of Act No. 3815, otherwise which the whole or any part of a computer system is capable of
known as "The Revised Penal Code" are hereby amended to being accessed with intent that it be used for the purpose of
read as follows: committing any of the offenses under this Act.

"Article 337. Qualified seduction. - The seduction of a minor, (ii) The possession of an item referred to in paragraphs 5(i)(aa)
sixteen and over but under eighteen years of age, committed or (bb) above with intent to use said devices for the purpose of
by any person in public authority, priest, home-servant, committing any of the offenses under this section.
domestic, guardian, teacher, or any person who, in any
capacity, shall be entrusted with the education or custody of (6) Cyber-squatting. – The acquisition of a domain name over
the minor seduced, shall be punished by prision correccional in the internet in bad faith to profit, mislead, destroy reputation,
its minimum and medium periods. and deprive others from registering the same, if such a domain
name is:
"The penalty next higher in degree shall be imposed upon any
person who shall seduce his sister or descendant, whether or (i) Similar, identical, or confusingly similar to an existing
not she be a virgin or over eighteen years of age. trademark registered with the appropriate government agency
at the time of the domain name registration:
"Under the provisions of this Chapter, seduction is committed
when the offender have carnal knowledge of any of the (ii) Identical or in any way similar with the name of a person
persons and under the circumstances described therein." other than the registrant, in case of a personal name; and

"Article 338. Simple seduction. - The seduction of a minor, (iii) Acquired without right or with intellectual property interests
sixteen and over but under eighteen years of age, committed in it.
by means of deceit, shall be punished by arresto mayor."
(b) Computer-related Offenses:
RA 10175 CYBERCRIME
Section 4. Cybercrime Offenses. — The following acts (1) Computer-related Forgery. —
constitute the offense of cybercrime punishable under this Act:

(i) The input, alteration, or deletion of any computer data

(a) Offenses against the confidentiality, integrity and availability without right resulting in inauthentic data with the intent that it
of computer data and systems: be considered or acted upon for legal purposes as if it were
authentic, regardless whether or not the data is directly
(1) Illegal Access. – The access to the whole or any part of a readable and intelligible; or
computer system without right.
(ii) The act of knowingly using computer data which is the
(2) Illegal Interception. – The interception made by technical product of computer-related forgery as defined herein, for the
means without right of any non-public transmission of computer purpose of perpetuating a fraudulent or dishonest design.
data to, from, or within a computer system including
electromagnetic emissions from a computer system carrying (2) Computer-related Fraud. — The unauthorized input,
such computer data. alteration, or deletion of computer data or program or
interference in the functioning of a computer system, causing
damage thereby with fraudulent intent: Provided, That if no
damage has yet been caused, the penalty imposable shall be PD 1612 FENCING LAW
one (1) degree lower. Section 2. Definition of Terms. The following terms shall mean
as follows:
(3) Computer-related Identity Theft. –The intentional
acquisition, use, misuse, transfer, possession, alteration or (a) "Fencing" is the act of any person who, with intent to gain
deletion of identifying information belonging to another, for himself or for another, shall buy, receive, possess, keep,
whether natural or juridical, without right: Provided, That if no acquire, conceal, sell or dispose of, or shall buy and sell, or in
damage has yet been caused, the penalty imposable shall be any other manner deal in any article, item, object or anything of
one (1) degree lower. value which he knows, or should be known to him, to have
been derived from the proceeds of the crime of robbery or
(c) Content-related Offenses: theft.

(1) Cybersex. — The willful engagement, maintenance, control, (b) "Fence" includes any person, firm, association corporation
or operation, directly or indirectly, of any lascivious exhibition of or partnership or other organization who/which commits the act
sexual organs or sexual activity, with the aid of a computer of fencing.
system, for favor or consideration.
Section 5. Presumption of Fencing. Mere possession of any
(2) Child Pornography. — The unlawful or prohibited acts good, article, item, object, or anything of value which has been
defined and punishable by Republic Act No. 9775 or the Anti- the subject of robbery or thievery shall be prima facie evidence
Child Pornography Act of 2009, committed through a computer of fencing.
system: Provided, That the penalty to be imposed shall be (1)
one degree higher than that provided for in Republic Act No. Section 6. Clearance/Permit to Sell/Used Second Hand
9775.1âwphi1 Articles. For purposes of this Act, all stores, establishments or
entities dealing in the buy and sell of any good, article item,
(3) Unsolicited Commercial Communications. — The object of anything of value obtained from an unlicensed dealer
transmission of commercial electronic communication with the or supplier thereof, shall before offering the same for sale to
use of computer system which seek to advertise, sell, or offer the public, secure the necessary clearance or permit from the
for sale products and services are prohibited unless: station commander of the Integrated National Police in the
town or city where such store, establishment or entity is
located. The Chief of Constabulary/Director General,
(i) There is prior affirmative consent from the recipient; or Integrated National Police shall promulgate such rules and
regulations to carry out the provisions of this section. Any
(ii) The primary intent of the communication is for service person who fails to secure the clearance or permit required by
and/or administrative announcements from the sender to its this section or who violates any of the provisions of the rules
existing users, subscribers or customers; or and regulations promulgated thereunder shall upon conviction
be punished as a fence.
(iii) The following conditions are present:
lawphi1.net
(aa) The commercial electronic communication contains a
simple, valid, and reliable way for the recipient to reject. receipt Section 3. Definition of Terms. - For purposes of this Act, the
of further commercial electronic messages (opt-out) from the term:
same source;
(a) "Broadcast" means to make public, by any means,
(bb) The commercial electronic communication does not a visual image with the intent that it be viewed by a
purposely disguise the source of the electronic message; and person or persons.

(cc) The commercial electronic communication does not (b) "Capture" with respect to an image, means to
purposely include misleading information in any part of the videotape, photograph, film, record by any means, or
message in order to induce the recipients to read the message. broadcast.

(4) Libel. — The unlawful or prohibited acts of libel as defined (c) "Female breast" means any portion of the female
in Article 355 of the Revised Penal Code, as amended, breast.
committed through a computer system or any other similar
means which may be devised in the future. (d) "Photo or video voyeurism" means the act of
taking photo or video coverage of a person or group
Section 5. Other Offenses. — The following acts shall also of persons performing sexual act or any similar
constitute an offense: activity or of capturing an image of the private area of
a person or persons without the latter's consent,
(a) Aiding or Abetting in the Commission of Cybercrime. – Any under circumstances in which such person/s has/have
person who willfully abets or aids in the commission of any of a reasonable expectation of privacy, or the act of
the offenses enumerated in this Act shall be held liable. selling, copying, reproducing, broadcasting, sharing,
showing or exhibiting the photo or video coverage or
recordings of such sexual act or similar activity
(b) Attempt in the Commission of Cybercrime. — Any person through VCD/DVD, internet, cellular phones and
who willfully attempts to commit any of the offenses similar means or device without the written consent of
enumerated in this Act shall be held liable. the person/s involved, notwithstanding that consent to
 record or take photo or video coverage of same was victim is under sixteen (16) years of age, the perpetrators shall
given by such person's. be prosecuted under Article 335, paragraph 2, for rape and
Article 336 of Act No. 3815, as amended, otherwise known as
(e) "Private area of a person" means the naked or "The Revised Penal Code", for rape, or lascivious conduct, as
undergarment clad genitals, public area, buttocks or the case may be: Provided, That the penalty for lascivious
female breast of an individual. conduct when the victim is under sixteen (16) years of age
shall be reclusion perpetua in its medium period;
(f) "Under circumstances in which a person has a
reasonable expectation of privacy" means believe that
he/she could disrobe in privacy, without being
concerned that an image or a private area of the
person was being captured; or circumstances in which
a reasonable person would believe that a private area
of the person would not be visible to the public,
regardless of whether that person is in a public or
private place.

Section 4. Prohibited Acts. - It is hereby prohibited and

declared unlawful for any person:

(a) To take photo or video coverage of a person or

group of persons performing sexual act or any similar
activity or to capture an image of the private area of a
person/s such as the naked or undergarment clad
genitals, public area, buttocks or female breast
without the consent of the person/s involved and
under circumstances in which the person/s has/have
a reasonable expectation of privacy;

(b) To copy or reproduce, or to cause to be copied or

reproduced, such photo or video or recording of
sexual act or any similar activity with or without
consideration;

(c) To sell or distribute, or cause to be sold or

distributed, such photo or video or recording of sexual
act, whether it be the original copy or reproduction
thereof; or

(d) To publish or broadcast, or cause to be published

or broadcast, whether in print or broadcast media, or
show or exhibit the photo or video coverage or
recordings of such sexual act or any similar activity
through VCD/DVD, internet, cellular phones and other
similar means or device.

The prohibition under paragraphs (b), (c) and (d) shall apply
notwithstanding that consent to record or take photo or video
coverage of the same was given by such person/s. Any person
who violates this provision shall be liable for photo or video
voyeurism as defined herein.

RA 7610 AS AMENDED BY RA 11648

"Section 5. Child Prostitution and Other Sexual Abuse. -
Children, whether male or female, who for money, profit, or any
other consideration or due to the coercion or influence of any
adult, syndicate or group, indulge in sexual intercourse or
lascivious conduct., are deemed to be children exploited in
prostitution and other sexual abuse

"(a) x x x

"(b) Those who commit the act of sexual intercourse or

lascivious conduct with a child exploited in prostitution or
subjected to other sexual abuse: Provided, That when the