1.) REPUBLIC ACT No.

9775 other means, of child engaged or involved in real or

simulated explicit sexual activities.
AN ACT DEFINING THE CRIME OF CHILD PORNOGRAPHY,
PRESCRIBING PENALTIES THEREFOR AND FOR OTHER PURPOSES (c) "Explicit Sexual Activity" includes actual or simulated -

Be it enacted by the Senate and House of Representatives of the (1) As to form:

Philippines in Congress assembled:
(i) sexual intercourse or lascivious act including, but
Section 1. Short Title. - This Act shall be known as the "Anti-Child not limited to, contact involving genital to genital,
Pornography Act of 2009." oral to genital, anal to genital, or oral to anal,
whether between persons of the same or opposite
Section 3. Definition of Terms. - sex;

(a) "Child" refers to a person below eighteen (18) years of (2) bestiality;
age or over, but is unable to fully take care of
himself/herself from abuse, neglect, cruelty, exploitation or (3) masturbation;
discrimination because of a physical or mental disability or
condition. (4) sadistic or masochistic abuse;

For the purpose of this Act, a child shall also refer to: (5) lascivious exhibition of the genitals, buttocks,
breasts, pubic area and/or anus; or
(1) a person regardless of age who is presented,
depicted or portrayed as a child as defined herein; (6) use of any object or instrument for lascivious
and acts

(2) computer-generated, digitally or manually

crafted images or graphics of a person who is
represented or who is made to appear to be a child Section 4. Unlawful or Prohibited Acts. - It shall be unlawful for any
as defined herein. person:

(b) "Child pornography" refers to any representation, (a) To hire, employ, use, persuade, induce or coerce a child
whether visual, audio, or written combination thereof, by to perform in the creation or production of any form of
electronic, mechanical, digital, optical, magnetic or any child pornography;
(b) To produce, direct, manufacture or create any form of pornography shall be committed when two (2) or more
child pornography; persons come to an agreement concerning the commission
of any of the said prohibited acts and decide to commit it;
(c) To publish offer, transmit, sell, distribute, broadcast, and
advertise, promote, export or import any form of child
pornography; (l) To possess any form of child pornography.

(d) To possess any form of child pornography with the Section 5. Syndicated Child Pornography - The crime of child
intent to sell, distribute, publish, or broadcast: Provided. pornography is deemed committed by a syndicate if carried out by a
That possession of three (3) or more articles of child group of three (3) or more persons conspiring or confederating with
pornography of the same form shall be prima facie evidence one another and shall be punished under Section 15(a) of this Act.
of the intent to sell, distribute, publish or broadcast;

(e) To knowingly, willfully and intentionally provide a venue

for the commission of prohibited acts as, but not limited to,
dens, private rooms, cubicles, cinemas, houses or in
establishments purporting to be a legitimate business;

(f) For film distributors, theaters and telecommunication

companies, by themselves or in cooperation with other
entities, to distribute any form of child pornography;

(g) For a parent, legal guardian or person having custody or

control of a child to knowingly permit the child to engage,
participate or assist in any form of child pornography;

(h) To engage in the luring or grooming of a child;

(i) To engage in pandering of any form of child pornography;

(j) To willfully access any form of child pornography;

(k) To conspire to commit any of the prohibited acts stated

in this section. Conspiracy to commit any form of child
2.) PRESIDENTIAL DECREE No. 1612 (b) The penalty of prision correccional in its medium and
maximum periods, if the value of the property robbed or
ANTI-FENCING LAW OF 1979 stolen is more than 6,000 pesos but not exceeding 12,000
pesos.

(c) The penalty of prision correccional in its minimum and

Section 2. Definition of Terms. The following terms shall mean as medium periods, if the value of the property involved is
follows: more than 200 pesos but not exceeding 6,000 pesos.

(a) "Fencing" is the act of any person who, with intent to (d) The penalty of arresto mayor in its medium period to
gain for himself or for another, shall buy, receive, possess, prision correccional in its minimum period, if the value of
keep, acquire, conceal, sell or dispose of, or shall buy and the property involved is over 50 pesos but not exceeding
sell, or in any other manner deal in any article, item, object 200 pesos.
or anything of value which he knows, or should be known to
him, to have been derived from the proceeds of the crime (e) The penalty of arresto mayor in its medium period if
of robbery or theft. such value is over five (5) pesos but not exceeding 50 pesos.

(b) "Fence" includes any person, firm, association (f) The penalty of arresto mayor in its minimum period if
corporation or partnership or other organization who/which such value does not exceed 5 pesos.
commits the act of fencing.
Section 4. Liability of Officials of Juridical Persons. If the fence is a
Section 3. Penalties. Any person guilty of fencing shall be punished partnership, firm, corporation or association, the president or the
as hereunder indicated: manager or any officer thereof who knows or should have known
the commission of the offense shall be liable.
(a) The penalty of prision mayor, if the value of the property
involved is more than 12,000 pesos but not exceeding Section 5. Presumption of Fencing. Mere possession of any good,
22,000 pesos; if the value of such property exceeds the article, item, object, or anything of value which has been the subject
latter sum, the penalty provided in this paragraph shall be of robbery or thievery shall be prima facie evidence of fencing.
imposed in its maximum period, adding one year for each
additional 10,000 pesos; but the total penalty which may be Section 6. Clearance/Permit to Sell/Used Second Hand Articles. For
imposed shall not exceed twenty years. In such cases, the purposes of this Act, all stores, establishments or entities dealing in
penalty shall be termed reclusion temporal and the the buy and sell of any good, article item, object of anything of
accessory penalty pertaining thereto provided in the value obtained from an unlicensed dealer or supplier thereof, shall
Revised Penal Code shall also be imposed. before offering the same for sale to the public, secure the necessary
clearance or permit from the 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,
Integrated National Police shall promulgate such rules and
regulations to carry out the provisions of this section. Any person
who fails to secure the clearance or permit required by this section
or who violates any of the provisions of the rules and regulations
promulgated thereunder shall upon conviction be punished as a
fence.
4.) REPUBLIC ACT No. 3019 (d) "Person" includes natural and juridical persons, unless
the context indicates otherwise.
ANTI-GRAFT AND CORRUPT PRACTICES ACT
Section 3. Corrupt practices of public officers. In addition to acts or
Section 1. Statement of policy. It is the policy of the Philippine omissions of public officers already penalized by existing law, the
Government, in line with the principle that a public office is a public following shall constitute corrupt practices of any public officer and
trust, to repress certain acts of public officers and private persons are hereby declared to be unlawful:
alike which constitute graft or corrupt practices or which may lead
thereto. (a) Persuading, inducing or influencing another public officer
to perform an act constituting a violation of rules and
Section 2. Definition of terms. As used in this Act, that term regulations duly promulgated by competent authority or an
offense in connection with the official duties of the latter, or
(a) "Government" includes the national government, the allowing himself to be persuaded, induced, or influenced to
local governments, the government-owned and commit such violation or offense.
government-controlled corporations, and all other
instrumentalities or agencies of the Republic of the (b) Directly or indirectly requesting or receiving any gift,
Philippines and their branches. present, share, percentage, or benefit, for himself or for any
other person, in connection with any contract or transaction
(b) "Public officer" includes elective and appointive officials between the Government and any other part, wherein the
and employees, permanent or temporary, whether in the public officer in his official capacity has to intervene under
classified or unclassified or exempt service receiving the law.
compensation, even nominal, from the government as
defined in the preceding subparagraph. (c) Directly or indirectly requesting or receiving any gift,
present or other pecuniary or material benefit, for himself
(c) "Receiving any gift" includes the act of accepting directly or for another, from any person for whom the public officer,
or indirectly a gift from a person other than a member of in any manner or capacity, has secured or obtained, or will
the public officer's immediate family, in behalf of himself or secure or obtain, any Government permit or license, in
of any member of his family or relative within the fourth consideration for the help given or to be given, without
civil degree, either by consanguinity or affinity, even on the prejudice to Section thirteen of this Act.
occasion of a family celebration or national festivity like
Christmas, if the value of the gift is under the circumstances (d) Accepting or having any member of his family accept
manifestly excessive. employment in a private enterprise which has pending
official business with him during the pendency thereof or
within one year after its termination.
(e) Causing any undue injury to any party, including the participate in the action of the board, committee, panel or
Government, or giving any private party any unwarranted group.
benefits, advantage or preference in the discharge of his
official administrative or judicial functions through manifest Interest for personal gain shall be presumed against those
partiality, evident bad faith or gross inexcusable negligence. public officers responsible for the approval of manifestly
This provision shall apply to officers and employees of unlawful, inequitable, or irregular transaction or acts by the
offices or government corporations charged with the grant board, panel or group to which they belong.
of licenses or permits or other concessions.
(j) Knowingly approving or granting any license, permit,
(f) Neglecting or refusing, after due demand or request, privilege or benefit in favor of any person not qualified for
without sufficient justification, to act within a reasonable or not legally entitled to such license, permit, privilege or
time on any matter pending before him for the purpose of advantage, or of a mere representative or dummy of one
obtaining, directly or indirectly, from any person interested who is not so qualified or entitled.
in the matter some pecuniary or material benefit or
advantage, or for the purpose of favoring his own interest (k) Divulging valuable information of a confidential
or giving undue advantage in favor of or discriminating character, acquired by his office or by him on account of his
against any other interested party. official position to unauthorized persons, or releasing such
information in advance of its authorized release date.
(g) Entering, on behalf of the Government, into any contract
or transaction manifestly and grossly disadvantageous to The person giving the gift, present, share, percentage or benefit
the same, whether or not the public officer profited or will referred to in subparagraphs (b) and (c); or offering or giving to the
profit thereby. public officer the employment mentioned in subparagraph (d); or
urging the divulging or untimely release of the confidential
(h) Director or indirectly having financing or pecuniary information referred to in subparagraph (k) of this section shall,
interest in any business, contract or transaction in together with the offending public officer, be punished under
connection with which he intervenes or takes part in his Section nine of this Act and shall be permanently or temporarily
official capacity, or in which he is prohibited by the disqualified in the discretion of the Court, from transacting business
Constitution or by any law from having any interest. in any form with the Government.

(i) Directly or indirectly becoming interested, for personal Section 4. Prohibition on private individuals. (a) It shall be unlawful
gain, or having a material interest in any transaction or act for any person having family or close personal relation with any
requiring the approval of a board, panel or group of which public official to capitalize or exploit or take advantage of such
he is a member, and which exercises discretion in such family or close personal relation by directly or indirectly requesting
approval, even if he votes against the same or does not or receiving any present, gift or material or pecuniary advantage
from any other person having some business, transaction, pecuniary interest in any specific business enterprise which will be
application, request or contract with the government, in which such directly and particularly favored or benefited by any law or
public official has to intervene. Family relation shall include the resolution authored by him previously approved or adopted by the
spouse or relatives by consanguinity or affinity in the third civil Congress during the same term.
degree. The word "close personal relation" shall include close
personal friendship, social and fraternal connections, and The provision of this section shall apply to any other public officer
professional employment all giving rise to intimacy which assures who recommended the initiation in Congress of the enactment or
free access to such public officer. adoption of any law or resolution, and acquires or receives any such
interest during his incumbency.
(b) It shall be unlawful for any person knowingly to induce
or cause any public official to commit any of the offenses It shall likewise be unlawful for such member of Congress or other
defined in Section 3 hereof. public officer, who, having such interest prior to the approval of
such law or resolution authored or recommended by him, continues
Section 5. Prohibition on certain relatives. It shall be unlawful for for thirty days after such approval to retain such interest.
the spouse or for any relative, by consanguinity or affinity, within
the third civil degree, of the President of the Philippines, the Vice- Section 7. Statement of assets and liabilities. Every public officer,
President of the Philippines, the President of the Senate, or the within thirty days after the approval of this Act or after assuming
Speaker of the House of Representatives, to intervene, directly or office, and within the month of January of every other year
indirectly, in any business, transaction, contract or application with thereafter, as well as upon the expiration of his term of office, or
the Government: Provided, That this section shall not apply to any upon his resignation or separation from office, shall prepare and file
person who, prior to the assumption of office of any of the above with the office of the corresponding Department Head, or in the
officials to whom he is related, has been already dealing with the case of a Head of Department or chief of an independent office,
Government along the same line of business, nor to any transaction, with the Office of the President, or in the case of members of the
contract or application already existing or pending at the time of Congress and the officials and employees thereof, with the Office of
such assumption of public office, nor to any application filed by him the Secretary of the corresponding House, a true detailed and
the approval of which is not discretionary on the part of the official sworn statement of assets and liabilities, including a statement of
or officials concerned but depends upon compliance with requisites the amounts and sources of his income, the amounts of his personal
provided by law, or rules or regulations issued pursuant to law, nor and family expenses and the amount of income taxes paid for the
to any act lawfully performed in an official capacity or in the next preceding calendar year: Provided, That public officers
exercise of a profession. assuming office less than two months before the end of the
calendar year, may file their statements in the following months of
Section 6. Prohibition on Members of Congress. It shall be unlawful January.
hereafter for any Member of the Congress during the term for
which he has been elected, to acquire or receive any personal
Section 8. Dismissal due to unexplained wealth. If in accordance both such fine and imprisonment, at the discretion of the
with the provisions of Republic Act Numbered One thousand three Court.
hundred seventy-nine, a public official has been found to have
acquired during his incumbency, whether in his name or in the The violation of said section proven in a proper administrative
name of other persons, an amount of property and/or money proceeding shall be sufficient cause for removal or dismissal of a
manifestly out of proportion to his salary and to his other lawful public officer, even if no criminal prosecution is instituted against
income, that fact shall be a ground for dismissal or removal. him.
Properties in the name of the spouse and unmarried children of
such public official may be taken into consideration, when their Section 10. Competent court. Until otherwise provided by law, all
acquisition through legitimate means cannot be satisfactorily prosecutions under this Act shall be within the original jurisdiction
shown. Bank deposits shall be taken into consideration in the of the proper Court of First Instance.
enforcement of this section, notwithstanding any provision of law to
the contrary. Section 11. Prescription of offenses. All offenses punishable under
this Act shall prescribe in ten years.
Section 9. Penalties for violations. (a) Any public officer or private
person committing any of the unlawful acts or omissions Section 12. Termination of office. No public officer shall be allowed
enumerated in Sections 3, 4, 5 and 6 of this Act shall be punished to resign or retire pending an investigation, criminal or
with imprisonment for not less than one year nor more than ten administrative, or pending a prosecution against him, for any
years, perpetual disqualification from public office, and confiscation offense under this Act or under the provisions of the Revised Penal
or forfeiture in favor of the Government of any prohibited interest Code on bribery.
and unexplained wealth manifestly out of proportion to his salary
and other lawful income. Section 13. Suspension and loss of benefits. Any public officer
against whom any criminal prosecution under a valid information
Any complaining party at whose complaint the criminal prosecution under this Act or under the provisions of the Revised Penal Code on
was initiated shall, in case of conviction of the accused, be entitled bribery is pending in court, shall be suspended from office. Should
to recover in the criminal action with priority over the forfeiture in he be convicted by final judgment, he shall lose all retirement or
favor of the Government, the amount of money or the thing he may gratuity benefits under any law, but if he is acquitted, he shall be
have given to the accused, or the value of such thing. entitled to reinstatement and to the salaries and benefits which he
failed to receive during suspension, unless in the meantime
(b) Any public officer violation any of the provisions of administrative proceedings have been filed against him.
Section 7 of this Act shall be punished by a fine of not less
than one hundred pesos nor more than one thousand Section 14. Exception. Unsolicited gifts or presents of small or
pesos, or by imprisonment not exceeding one year, or by insignificant value offered or given as a mere ordinary token of
gratitude or friendship according to local customs or usage, shall be
excepted from the provisions of this Act.

Nothing in this Act shall be interpreted to prejudice or prohibit the

practice of any profession, lawful trade or occupation by any private
person or by any public officer who under the law may legitimately
practice his profession, trade or occupation, during his incumbency,
except where the practice of such profession, trade or occupation
involves conspiracy with any other person or public official to
commit any of the violations penalized in this Act.

Section 15. Separability clause. If any provision of this Act or the

application of such provision to any person or circumstances is
declared invalid, the remainder of the Act or the application of such
provision to other persons or circumstances shall not be affected by
such declaration.

Section 16. Effectivity. This Act shall take effect on its approval, but
for the purpose of determining unexplained wealth, all property
acquired by a public officer since he assumed office shall be taken
into consideration.

lawphi1.net
 5.) [ REPUBLIC ACT NO. 11521, January 29, 2021 ] "(9) Real estate developers and brokers;

AN ACT FURTHER STRENGTHENING THE ANTI-MONEY "(10) Offshore gaming operation, as well as
LAUNDERING LAW, AMENDING FOR THE PURPOSE REPUBLIC ACT their service providers, supervised,
NO. 9160, OTHERWISE KNOWN AS THE "ANTI-MONEY accredited or regulated by the Philippine
LAUNDERING ACT OF 2001", AS AMENDED Amusement and Gaming Corporation
(PAGCOR) or any government agency;
Be it enacted by the Senate and House of Representatives of the
Philippines in Congress assembled: "(b) 'Covered transactions' is a transaction in cash
or other equivalent monetary instrument involving
Section 1. Section 2 of Republic Act No. 9160, as amended, is a total amount in excess of Five hundred thousand
hereby amended to read as follows: pesos (P500,000.00) within one (1) banking day; for
covered persons under Section 3(a)(8), a single
"Section 2. Declaration of Policy. - It is hereby declared the policy of casino cash transaction involving an amount in
the State to protect and preserve the integrity and confidentiality of excess of Five million pesos (P5,000,000.00) or its
bank accounts and to ensure that the Philippines shall not be used equivalent in any other currency.
as a money laundering site for the proceeds of any unlawful activity.
Consistent with its foreign policy, the State shall extend cooperation "For covered persons under Section 3(a)(9) herein, a
in transnational investigations and prosecutions of persons involved single cash transaction involving an amount in
in money laundering activities wherever committed, as well as in excess of Seven million five hundred thousand
the implementation of targeted financial sanctions related to the pesos (P7,500,000.00) or its equivalent in any other
financing of the proliferation of weapons of mass destruction, currency.
terrorism, and financing of terrorism, pursuant to the resolution of
the United Nations Security Council." "(b-1) 'Suspicious transactions' are
transactions with covered persons,
Section 2. Section 3 of the same Act is hereby amended as follows: regardless of the amounts involved, where
any of the following circumstances exist:
"Section 3. Definitions. - For purposes of this Act, the following
terms are hereby defined as follows: "1. There is no underlying legal or
trade obligation, purpose or
"(a) Covered persons', natural or juridical refer to: economic justification;

"(1) x x x; "2. The client is not properly

identified;
 "3. The amount involved is not "(33) Fraudulent practice and other
commensurate with the business or violations under Republic Actr No.
financial capacity of the client; 8799, otherwise known as "The
Securities Regulation Code of 2000;
"4. Taking into account all known
circumstances, it may be perceived "(34) Violation of Section 9 (a)(3) of
that the client's transaction is Republic Act No. 10697, otherwise
structured in order to avoid being known as the "Strategic Trade
the subject of reporting Management Act", in relation to the
requirements under the Act proliferation of weapons of mass
destruction and its financing
"5. Any circumstance relating to the pursuant to United Nations Security
transaction which is observed to Council Resolution Numbers 1718
deviate from the profile of the of 2006 and 2231 of 2015";
client and/or the client's past
transactions with the covered "(35) Violation of Section 254 of
person; Chapter II, Title X of the National
Internal Revenue Code of 1997, as
"6. The transaction is in any way amended, where the deficiency
related to an unlawful activity or basic tax due in the final
offense under this Act that is about assessment is in excess of Twenty-
to be, is being or has been five million pesos (P25,000,000.00)
committed; or per taxable year, for each tax type
covered and there has been a
"7. Any transaction that is similar or finding of probable cause by the
analogous to any of the foregoing. competent
authority: Provided,further, That
"x x x there must be a finding of fraud,
willful misrepresenting or malicious
"(i) 'Unlawful activity' refers to any act or omission intent on the part of the
or series or combination thereof involving or having taxpayer: Provided, finally, That in
relation to the following: no case shall the AMLC institute
forfeiture proceedings to recover
"(1) x x x; monetary instruments, property or
 proceeds representing, involving, or "(n) 'Real estate broker' refers to a duly registered
relating to a tax crime, if the same and licensed natural person who, for a professional
has already been recovered or fee, omission or other valuable consideration, acts
collected by the Bureau of Internal as an agent of a party in a real estate transaction to
Revenue (BIR) in a separate offer, advertise, solicit, list, promote, mediate,
proceeding and negotiate, or effect the meeting of the minds on the
sale, purchase, exchange, mortgage, lease or joint
"(36) Felonies and offenses of a venture, or other similar transaction on real estate
similar nature that are punishable or any interest therein.
under the penal laws of other
countries. "(o) 'Targeted financial sanctions' refer to both
asset freezing and prohibition to prevent funds or
"x x x. other assets from being made available, directly or
indirectly, for the benefit of any individual, natural
"(4) 'Offshore gaming operator' refers to an or legal persons or entity designated pursuant to
entity engaged in offering online games of relevant United Nations Security Council resolution
chance or sporting events via the internet and its designation processes.
using a network and software program, by
themselves or through local service "(p) 'Proliferation financing' refers when a person:
providers.
"(1) Makes available an asset; or
"(5) 'Service providers' refer to duly
constituted business corporations who "(2) Provides a financial service; or
provide components of offshore gaming
operations to offshore gaming operators. "(3) Conducts a financial transaction; and
the person knows that, or is reckless as to
"x x x. whether, the asset, financial service or
financial transaction is intended to, in
"(m) 'Real estate developer' refers to any natural or whole or in part, facilitate proliferation of
juridical person engaged in the business of weapons of mass destruction in relation to
developing real estate development project for the UN Security Council Resolution Number
account of the developer and offering them for sale 1718 0f 2006 and 2231 of 2015."
or lease.
Section 3. Section 7 of the same Act is hereby amended to read as designated and listed under United Nations Security
follows: Council Resolution Numbers 1718 of 2006 and 2231
of 2015 and their successor resolutions as well as
"Section 7. Creation of Anti-Money Laundering Council any binding resolution of the Security Council; and
(AMLC). - The Anti-Money Laundering Council is hereby created and
shall be composed of the Governor of the Bangko Sentral ng "(16) to preserve, manage or dispose assets
Pilipinas as Chairman, the Commissioner of the Insurance pursuant to a freeze order, asset preservation
Commission and the Chairman of the Securities and Exchange order, or judgment of
Commission, as members. The AMLC shall act unanimously in the forfeiture: Provided, however, That pending their
discharge of its functions as defined hereunder: turnover to the national government, all expenses
incurred in relation to the duties herein mentioned
"(1) to investigate suspicious transactions and shall be deducted from the amount to be turned
covered transactions deemed suspicious after over to the national government."
determination by AMLC, money laundering
activities and other violations of this Act. Section 4. A new Section 8-A is hereby inserted after Section 8
(Creation of a Secretariat) of Republic Act No. 9160, as amended to
"x x x; read as follows:

"(13) in the conduct of its investigation, the AMLC "SEC. 8-A. Information Security and Confidentiality. - The
shall apply for the issuance of a search and seizure AMLC and its Secretariat shall securely protect information
order with any competent court; received or processed and shall not reveal, in any manner,
any information known to them by reason of their office.
"(14) in the conduct of its investigation, the AMLC This prohibition shall apply even after their separation from
shall apply for the issuance of subpoena ad the AMLC.
testificandum and/or subpoena duces tecum with
any competent court; "The AMLC shall formulate rules governing information
exchange and dissemination, the security and
"(15) to implement targeted financial sanctions in confidentiality of such information, including procedures for
relation to proliferation of weapons of mass handling, storage, and protection of, as well as access to
destruction and its financing, including ex such information."
parte freeze, without delay, against all funds and
other assets that are owned and controlled, directly Section 5. Section 10 of the same Act, is hereby further amended by
or indirectly, including funds and assets derived or inserting a new paragraph to read as follows:
generated therefrom, by individuals or entities
"Section 10. Freezing Monetary Instrument or Property. - "A person whose account has been frozen may file a motion to lift
the freeze order and the court must resolve this motion before the
"(a) Upon a verified ex parte petition by the AMLC and after expiration of the freeze order.
determination that probable cause exists that any monetary
instrument or property is in any way related to an unlawful activity "No court shall issue a temporary restraining order or a writ of
as defined in Section 3(i) hereof, the Court of Appeals may issue a injunction against any freeze order, except the Supreme Court.
freeze order which shall be effective immediately, for a period of
twenty (20) days. Within the twenty (20) day period, the Court of "(b) For purposes of implementing targeted financial sanctions in
Appeals shall conduct a summary hearing, with notice to the relation to proliferation of weapons of mass destruction and its
parties, to determine whether or not to modify or lift the freeze financing, as provided under Section 3(15), the AMLC shall have the
order, or extend its effectivity. The total period of the freeze order power to issue, ex porte, an order to freeze without delay.
issued by the Court of Appeals under this provision shall not exceed
six (6) months. This is without prejudice to an asset preservation "The freeze order shall be effective until the basis for its issuance
order that the Regional Trial Court having jurisdiction over the shall have been lifted. During the effectivity of the freeze order, the
appropriate anti-money laundering case or civil forfeiture case may aggrieved party may, within twenty (20) days from issuance, file
issue on the same account depending on the circumstances of the with the Court of Appeals a petition to determine the basis of the
case, where the Court of Appeals will remand the case and its freeze order according to the principle of effective judicial
records: Provided, That if there is no case filed against a person protection: Provided, That the person whose property or funds have
whose account has been frozen within the period determined by been frozen may withdraw such sums as the AMLC determines to
the Court of Appeals, not exceeding six (6) months, the freeze order be reasonably needed for monthly family needs and sustenance
shall be deemed ipso facto lifted: Provided,further, That this new including the services of counsel and the family medical needs of
rule shall not apply to pending cases in the courts. In any case, the such person.
court should act on the petition to freeze within twenty-four (24)
hours from filing of the petition. If the application is filed a day "The AMLC, if circumstance warrant, may initiate civil forfeiture
before a nonworking day, the computation of the twenty-four (24) proceedings to preserve the assets and to protect it from
hour period shall exclude the nonworking days. dissipation.ℒαwρhi ৷ No court shall issue a temporary restraining
order or a writ of injunction against the freeze order, except the
"The freeze order or asset preservation order issued under this Act Court of Appeals or the Supreme Court."
shall be limited only to the amount of cash or monetary instrument
or value of property that court finds there is probable cause to be Section 6. Section 12 of the same Act is hereby amended by
considered as proceeds of a predicate offense, and the freeze order inserting a new paragraph to read as follows:
or asset preservation order shall not apply tyo amounts in the same
account in excess of the amount or value of the proceeds of the "(d) No court shall issue a temporary restraining order (TRO) or a
predicate offense. writ of injunction against any provisional asset preservation order or
asset preservation, except the Court of Appeals or the Supreme Section 9. Implementing Rules and Regulations. - The AMLC shall,
Court." within ninety (90) days from the effectivity of this Act, issue the
necessary rules and regulations.
Section 7. Section 14, paragraph (d) of Republic Act No. 9160, as
amended, is hereby further amended to read as follows: Section 10. Separability Clause. - If any provision or section of this
Act is held to be unconstitutional or invalid, the other provisions or
"Section 14. Penal Provisions. - sections hereof, which are not affected thereby shall continue to be
in full force and effect.
"x x x
Section 11. Repealing Clause. - All provisions of existing laws,
"(d) Breach of Information Security and Confidentiality. The orders, rules and regulations, or parts thereof which are in conflict
punishment of imprisonment ranging from three (3) to eight (8) or inconsistent with provisions of this Act are hereby repealed or
years and a fine of not less than Five hundred thousand Philippine modified accordingly: Provided, That all provisions of Republic Act
pesos (P500,000.00) but not more than One million Philippine pesos No. 9160, as amended, which are not inconsistent with this Act are
(P1,000,000.00), shall be imposed on a person convicted for a hereby adopted.
violation under Section 9(c) 0r Section 8-A on information security
and confidentiality of this Act. If the offender is public official or Section 12. Effectivity.- This Act shall take effect immediately after
employee, he shall, in addition to the penalties prescribed herein, the completion of its publication in the Official Gazette or in a
suffer the penalty of perpetual or temporary absolute newspaper of general circulation.
disqualification from public office, as the case may be. In the case of
a breach of confidentiality that is published or reported by media,
the responsible reporter, writer, president, publisher, manager and
editor-in-chief shall be liable under this Act."

Section 8. Section 20 of the same Act is hereby amended to read as

follows:

"Section 20. Non-Intervention in the Bureau of Internal Revenue

(BIR) Operations. - Nothing contained in this Act nor in related
antecedent laws or existing agreements shall be construed to allow
the AMLC to participate in any manner in the operation of the BIR.
The AMLC, may, however, coordinate with the BIR On investigations
in relating to violations of Section 254 of NIRC, as amended, as a
predicate offense to money laundering."
6.) REPUBLIC ACT No. 9995 VCD/DVD, internet, cellular phones and similar means or
device without the written consent of the person/s
AN ACT DEFINING AND PENALIZING THE CRIME OF PHOTO AND involved, notwithstanding that consent to record or take
VIDEO VOYEURISM, PRESCRIBING PENALTIES THEREFOR, AND FOR photo or video coverage of same was given by such
OTHER PURPOSES person's.

Be it enacted by the Senate and House of Representative of the (e) "Private area of a person" means the naked or
Philippines in Congress assembled: undergarment clad genitals, public area, buttocks or female
breast of an individual.
Section 1. Short Title. - This Act shall be known as the "Anti-Photo
and Video Voyeurism Act of 2009". (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
Section 3. Definition of Terms. - For purposes of this Act, the term: circumstances in which a reasonable person would believe
that a private area of the person would not be visible to the
(a) "Broadcast" means to make public, by any means, a public, regardless of whether that person is in a public or
visual image with the intent that it be viewed by a person or private place.
persons.
Section 4. Prohibited Acts. - It is hereby prohibited and declared
(b) "Capture" with respect to an image, means to videotape, unlawful for any person:
photograph, film, record by any means, or broadcast.
(a) To take photo or video coverage of a person or group of
(c) "Female breast" means any portion of the female breast. persons performing sexual act or any similar activity or to
capture an image of the private area of a person/s such as
(d) "Photo or video voyeurism" means the act of taking the naked or undergarment clad genitals, public area,
photo or video coverage of a person or group of persons buttocks or female breast without the consent of the
performing sexual act or any similar activity or of capturing person/s involved and under circumstances in which the
an image of the private area of a person or persons without person/s has/have a reasonable expectation of privacy;
the latter's consent, under circumstances in which such
person/s has/have a reasonable expectation of privacy, or (b) To copy or reproduce, or to cause to be copied or
the act of selling, copying, reproducing, broadcasting, reproduced, such photo or video or recording of sexual act
sharing, showing or exhibiting the photo or video coverage or any similar activity with or without consideration;
or recordings of such sexual act or similar activity through
 (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.
7.) Republic Act No. 7080 July 12, 1991 government contract or project or by reason of the
office or position of the public officer concerned;
AN ACT DEFINING AND PENALIZING THE CRIME OF PLUNDER
3) By the illegal or fraudulent conveyance or
Section 1. Definition of Terms - As used in this Act, the term - disposition of assets belonging to the National
Government or any of its subdivisions, agencies or
a) Public Officer means any person holding any public office instrumentalities or government-owned or -
in the Government of the Republic of the Philippines by controlled corporations and their subsidiaries;
virtue of an appointment, election or contract.
4) By obtaining, receiving or accepting directly or
b) Government includes the National Government, and any indirectly any shares of stock, equity or any other
of its subdivisions, agencies or instrumentalities, including form of interest or participation including promise
government-owned or -controlled corporations and their of future employment in any business enterprise or
subsidiaries. undertaking;

c) Person includes any natural or juridical person, unless the 5) By establishing agricultural, industrial or
context indicates otherwise. commercial monopolies or other combinations
and/or implementation of decrees and orders
d) Ill-gotten wealth means any asset, property, business intended to benefit particular persons or special
enterprise or material possession of any person within the interests; or
purview of Section Two (2) hereof, acquired by him directly
or indirectly through dummies, nominees, agents, 6) By taking undue advantage of official position,
subordinates and/or business associates by any authority, relationship, connection or influence to
combination or series of the following means or similar unjustly enrich himself or themselves at the
schemes: expense and to the damage and prejudice of the
Filipino people and the Republic of the Philippines.
1) Through misappropriation, conversion, misuse, or
malversation of public funds or raids on the public See Section 2 As amended by Section 12 of RA No.7659
treasury; Section 2. Definition of the Crime of Plunder; Penalties - Any public
officer who, by himself or in connivance with members of his family,
2) By receiving, directly or indirectly, any relatives by affinity or consanguinity, business associates,
commission, gift, share, percentage, kickbacks or subordinates or other persons, amasses, accumulates or acquires ill-
any other form of pecuniary benefit from any gotten wealth through a combination or series of overt or criminal
person and/or entity in connection with any acts as described in Section 1(d) hereof, in the aggregate amount or
total value of at least Seventy-five million pesos (P75,000,000.00),
shall be guilty of the crime of plunder and shall be punished by life
imprisonment with perpetual absolute disqualification from holding
any public office. Any person who participated with said public
officer in the commission of plunder shall likewise be punished. In
the imposition of penalties, the degree of participation and the
attendance of mitigating and extenuating circumstances shall be
considered by the court. The court shall declare any and all ill-
gotten wealth and their interests and other incomes and assets
including the properties and shares of stock derived from the
deposit or investment thereof forfeited in favor of the State.

Section 6. Prescription of Crimes - The crime punishable under this

Act shall prescribe in twenty (20) years. However, the right of the
State to recover properties unlawfully acquired by public officers
from them or from their nominees or transferees shall not be
barred by prescription, laches, or estoppel.
8.) REPUBLIC ACT N0. 9745 of this Act, inflicted by a person in authority or agent of a
person in authority against a person under his/her custody,
AN ACT PENALIZING TORTURE AND OTHER CRUEL, INHUMAN AND which attains a level of severity causing suffering, gross
DEGRADING TREATMENT OR PUNISHMENT AND PRESCRIBING humiliation or debasement to the latter.
PENALTIES THEREFOR
Section 4. Acts of Torture. - For purposes of this Act, torture shall
Be it enacted by the Senate and House of Representatives of the include, but not be limited to, the following:
Philippines in Congress assembled:
(a) Physical torture is a form of treatment or punishment
Section 1. Short Title. - This Ad shall be known as the "Anti-Torture inflicted by a person in authority or agent of a person in
Act of 2009". authority upon another in his/her custody that causes
severe pain, exhaustion, disability or dysfunction of one or
more parts of the body, such as:

Section 3. Definitions. - For purposes of this Act, the following terms (1) Systematic beating, headbanging, punching,
shall mean: kicking, striking with truncheon or rifle butt or other
similar objects, and jumping on the stomach;
(a) "Torture" refers to an act by which severe pain or
suffering, whether physical or mental, is intentionally (2) Food deprivation or forcible feeding with spoiled
inflicted on a person for such purposes as obtaining from food, animal or human excreta and other stuff or
him/her or a third person information or a confession; substances not normally eaten;
punishing him/her for an act he/she or a third person has
committed or is suspected of having committed; or (3) Electric shock;
intimidating or coercing him/her or a third person; or for
any reason based on discrimination of any kind, when such (4) Cigarette burning; burning by electrically heated
pain or suffering is inflicted by or at the instigation of or rods, hot oil, acid; by the rubbing of pepper or other
with the consent or acquiescence of a person in authority or chemical substances on mucous membranes, or
agent of a person in authority. It does not include pain or acids or spices directly on the wound(s);
Buffering arising only from, inherent in or incidental to
lawful sanctions. (5) The submersion of the head in water or water
polluted with excrement, urine, vomit and/or blood
(b) "Other cruel, inhuman and degrading treatment or until the brink of suffocation;
punishment" refers to a deliberate and aggravated
treatment or punishment not enumerated under Section 4
(6) Being tied or forced to assume fixed and (b) "Mental/Psychological Torture" refers to acts committed
stressful bodily position; by a person in authority or agent of a person in authority
which are calculated to affect or confuse the mind and/or
(7) Rape and sexual abuse, including the insertion of undermine a person's dignity and morale, such as:
foreign objects into the sex organ or rectum, or
electrical torture of the genitals; (1) Blindfolding;

(8) Mutilation or amputation of the essential parts (2) Threatening a person(s) or his/fher relative(s)
of the body such as the genitalia, ear, tongue, etc.; with bodily harm, execution or other wrongful acts;

(9) Dental torture or the forced extraction of the (3) Confinement in solitary cells or secret detention
teeth; places;

(10) Pulling out of fingernails; (4) Prolonged interrogation;

(11) Harmful exposure to the elements such as (5) Preparing a prisoner for a "show trial", public
sunlight and extreme cold; display or public humiliation of a detainee or
prisoner;
(12) The use of plastic bag and other materials
placed over the head to the point of asphyxiation; (6) Causing unscheduled transfer of a person
deprived of liberty from one place to another,
(13) The use of psychoactive drugs to change the creating the belief that he/she shall be summarily
perception, memory. alertness or will of a person, executed;
such as:
(7) Maltreating a member/s of a person's family;
(i) The administration or drugs to induce confession
and/or reduce mental competency; or (8) Causing the torture sessions to be witnessed by
the person's family, relatives or any third party;
(ii) The use of drugs to induce extreme pain or
certain symptoms of a disease; and (9) Denial of sleep/rest;

(14) Other analogous acts of physical torture; and (10) Shame infliction such as stripping the person
naked, parading him/her in public places, shaving
 the victim's head or putting marks on his/her body
against his/her will;

(11) Deliberately prohibiting the victim to

communicate with any member of his/her family;
and

(12) Other analogous acts of mental/psychological

torture.

Section 5. Other Cruel, Inhuman and Degrading Treatment or

Punishment. - Other cruel, inhuman or degrading treatment or
punishment refers to a deliberate and aggravated treatment or
punishment not enumerated under Section 4 of this Act, inflicted by
a person in authority or agent of a person in authority against
another person in custody, which attains a level of severity sufficient
to cause suffering, gross humiliation or debasement to the latter.
The assessment of the level of severity shall depend on all the
circumstances of the case, including the duration of the treatment
or punishment, its physical and mental effects and, in some cases,
the sex, religion, age and state of health of the victim.
9.) Republic Act No. 9208 May 26, 2003 cruelty, exploitation, or discrimination because of a physical
or mental disability or condition.
AN ACT TO INSTITUTE POLICIES TO ELIMINATE TRAFFICKING IN
PERSONS ESPECIALLY WOMEN AND CHILDREN, ESTABLISHING THE (c) Prostitution - refers to any act, transaction, scheme or
NECESSARY INSTITUTIONAL MECHANISMS FOR THE PROTECTION design involving the use of a person by another, for sexual
AND SUPPORT OF TRAFFICKED PERSONS, PROVIDING PENALTIES intercourse or lascivious conduct in exchange for money,
FOR ITS VIOLATIONS, AND FOR OTHER profit or any other consideration.

Section 3. Definition of Terms. - As used in this Act: (d) Forced Labor and Slavery - refer to the extraction of
work or services from any person by means of enticement,
(a) Trafficking in Persons - refers to the recruitment, violence, intimidation or threat, use of force or coercion,
transportation, transfer or harboring, or receipt of persons including deprivation of freedom, abuse of authority or
with or without the victim's consent or knowledge, within moral ascendancy, debt-bondage or deception.
or across national borders by means of threat or use of
force, or other forms of coercion, abduction, fraud, (e) Sex Tourism - refers to a program organized by travel
deception, abuse of power or of position, taking advantage and tourism-related establishments and individuals which
of the vulnerability of the person, or, the giving or receiving consists of tourism packages or activities, utilizing and
of payments or benefits to achieve the consent of a person offering escort and sexual services as enticement for
having control over another person for the purpose of tourists. This includes sexual services and practices offered
exploitation which includes at a minimum, the exploitation during rest and recreation periods for members of the
or the prostitution of others or other forms of sexual military.
exploitation, forced labor or services, slavery, servitude or
the removal or sale of organs. (f) Sexual Exploitation - refers to participation by a person in
prostitution or the production of pornographic materials as
The recruitment, transportation, transfer, harboring or a result of being subjected to a threat, deception, coercion,
receipt of a child for the purpose of exploitation shall also abduction, force, abuse of authority, debt bondage, fraud or
be considered as "trafficking in persons" even if it does not through abuse of a victim's vulnerability.
involve any of the means set forth in the preceding
paragraph. (g) Debt Bondage - refers to the pledging by the debtor of
his/her personal services or labor or those of a person
(b) Child - refers to a person below eighteen (18) years of under his/her control as security or payment for a debt,
age or one who is over eighteen (18) but is unable to fully when the length and nature of services is not clearly defined
take care of or protect himself/herself from abuse, neglect, or when the value of the services as reasonably assessed is
not applied toward the liquidation of the debt.
 (h) Pornography - refers to any representation, through (d) To undertake or organize tours and travel plans
publication, exhibition, cinematography, indecent shows, consisting of tourism packages or activities for the purpose
information technology, or by whatever means, of a person of utilizing and offering persons for prostitution,
engaged in real or simulated explicit sexual activities or any pornography or sexual exploitation;
representation of the sexual parts of a person for primarily
sexual purposes. (e) To maintain or hire a person to engage in prostitution or
pornography;
(i) Council - shall mean the Inter-Agency Council Against
Trafficking created under Section 20 of this Act. (f) To adopt or facilitate the adoption of persons for the
purpose of prostitution, pornography, sexual exploitation,
Section 4. Acts of Trafficking in Persons. - It shall be unlawful for any forced labor, slavery, involuntary servitude or debt
person, natural or juridical, to commit any of the following acts: bondage;

(a) To recruit, transport, transfer; harbor, provide, or (g) To recruit, hire, adopt, transport or abduct a person, by
receive a person by any means, including those done under means of threat or use of force, fraud, deceit, violence,
the pretext of domestic or overseas employment or training coercion, or intimidation for the purpose of removal or sale
or apprenticeship, for the purpose of prostitution, of organs of said person; and
pornography, sexual exploitation, forced labor, slavery,
involuntary servitude or debt bondage; (h) To recruit, transport or adopt a child to engage in armed
activities in the Philippines or abroad.
(b) To introduce or match for money, profit, or material,
economic or other consideration, any person or, as Section 5. Acts that Promote Trafficking in Persons. - The following
provided for under Republic Act No. 6955, any Filipino acts which promote or facilitate trafficking in persons, shall be
woman to a foreign national, for marriage for the purpose unlawful:
of acquiring, buying, offering, selling or trading him/her to
engage in prostitution, pornography, sexual exploitation, (a) To knowingly lease or sublease, use or allow to be used
forced labor, slavery, involuntary servitude or debt any house, building or establishment for the purpose of
bondage; promoting trafficking in persons;

(c) To offer or contract marriage, real or simulated, for the (b) To produce, print and issue or distribute unissued,
purpose of acquiring, buying, offering, selling, or trading tampered or fake counseling certificates, registration
them to engage in prostitution, pornography, sexual stickers and certificates of any government agency which
exploitation, forced labor or slavery, involuntary servitude issues these certificates and stickers as proof of compliance
or debt bondage; with government regulatory and pre-departure
requirements for the purpose of promoting trafficking in Section 6. Qualified Trafficking in Persons. - The following are
persons; considered as qualified trafficking:

(c) To advertise, publish, print, broadcast or distribute, or (a) When the trafficked person is a child;
cause the advertisement, publication, printing, broadcasting
or distribution by any means, including the use of (b) When the adoption is effected through Republic Act No.
information technology and the internet, of any brochure, 8043, otherwise known as the "Inter-Country Adoption Act
flyer, or any propaganda material that promotes trafficking of 1995" and said adoption is for the purpose of
in persons; prostitution, pornography, sexual exploitation, forced labor,
slavery, involuntary servitude or debt bondage;
(d) To assist in the conduct of misrepresentation or fraud
for purposes of facilitating the acquisition of clearances and (c) When the crime is committed by a syndicate, or in large
necessary exit documents from government agencies that scale. Trafficking is deemed committed by a syndicate if
are mandated to provide pre-departure registration and carried out by a group of three (3) or more persons
services for departing persons for the purpose of promoting conspiring or confederating with one another. It is deemed
trafficking in persons; committed in large scale if committed against three (3) or
more persons, individually or as a group;
(e) To facilitate, assist or help in the exit and entry of
persons from/to the country at international and local (d) When the offender is an ascendant, parent, sibling,
airports, territorial boundaries and seaports who are in guardian or a person who exercises authority over the
possession of unissued, tampered or fraudulent travel trafficked person or when the offense is committed by a
documents for the purpose of promoting trafficking in public officer or employee;
persons;
(e) When the trafficked person is recruited to engage in
(f) To confiscate, conceal, or destroy the passport, travel prostitution with any member of the military or law
documents, or personal documents or belongings of enforcement agencies;
trafficked persons in furtherance of trafficking or to prevent
them from leaving the country or seeking redress from the (f) When the offender is a member of the military or law
government or appropriate agencies; and enforcement agencies; and

(g) To knowingly benefit from, financial or otherwise, or (g) When by reason or on occasion of the act of trafficking in
make use of, the labor or services of a person held to a persons, the offended party dies, becomes insane, suffers
condition of involuntary servitude, forced labor, or slavery. mutilation or is afflicted with Human Immunodeficiency
 Virus (HIV) or the Acquired Immune Deficiency Syndrome court where the criminal action is first filed shall acquire jurisdiction
(AIDS). to the exclusion of other courts.

Section 6. Confidentiality. - At any stage of the investigation, Section 10. Penalties and Sanctions. - The following penalties and
prosecution and trial of an offense under this Act, law enforcement sanctions are hereby established for the offenses enumerated in
officers, prosecutors, judges, court personnel and medical this Act:
practitioners, as well as parties to the case, shall recognize the right
to privacy of the trafficked person and the accused. Towards this (a) Any person found guilty of committing any of the acts
end, law enforcement officers, prosecutors and judges to whom the enumerated in Section 4 shall suffer the penalty of
complaint has been referred may, whenever necessary to ensure a imprisonment of twenty (20) years and a fine of not less
fair and impartial proceeding, and after considering all than One million pesos (P1,000,000.00) but not more than
circumstances for the best interest of the parties, order a closed- Two million pesos (P2,000,000.00);
door investigation, prosecution or trial. The name and personal
circumstances of the trafficked person or of the accused, or any (b) Any person found guilty of committing any of the acts
other information tending to establish their identities and such enumerated in Section 5 shall suffer the penalty of
circumstances or information shall not be disclosed to the public. imprisonment of fifteen (15) years and a fine of not less
than Five hundred thousand pesos (P500,000.00) but not
In cases when prosecution or trial is conducted behind closed- more than One million pesos (P1,000,000.00);
doors, it shall be unlawful for any editor, publisher, and reporter or
columnist in case of printed materials, announcer or producer in (c) Any person found guilty of qualified trafficking under
case of television and radio, producer and director of a film in case Section 6 shall suffer the penalty of life imprisonment and a
of the movie industry, or any person utilizing tri-media facilities or fine of not less than Two million pesos (P2,000,000.00) but
information technology to cause publicity of any case of trafficking not more than Five million pesos (P5,000,000.00);
in persons.
(d) Any person who violates Section 7 hereof shall suffer the
Section 8. Prosecution of Cases. - Any person who has personal penalty of imprisonment of six (6) years and a fine of not
knowledge of the commission of any offense under this Act, the less than Five hundred thousand pesos (P500,000.00) but
trafficked person, the parents, spouse, siblings, children or legal not more than One million pesos (P1,000,000.00);
guardian may file a complaint for trafficking.
(e) If the offender is a corporation, partnership, association,
Section 9. Venue. - A criminal action arising from violation of this Act club, establishment or any juridical person, the penalty shall
shall be filed where the offense was committed, or where any of its be imposed upon the owner, president, partner, manager,
elements occurred, or where the trafficked person actually resides and/or any responsible officer who participated in the
at the time of the commission of the offense: Provided, That the
commission of the crime or who shall have knowingly Section 11. Use of Trafficked Persons. - Any person who buys or
permitted or failed to prevent its commission; engages the services of trafficked persons for prostitution shall be
penalized as follows:
(f) The registration with the Securities and Exchange
Commission (SEC) and license to operate of the erring (a) First offense - six (6) months of community service as
agency, corporation, association, religious group, tour or may be determined by the court and a fine of Fifty thousand
travel agent, club or establishment, or any place of pesos (P50,000.00); and
entertainment shall be cancelled and revoked permanently.
The owner, president, partner or manager thereof shall not (b) Second and subsequent offenses - imprisonment of one
be allowed to operate similar establishments in a different (1) year and a fine of One hundred thousand pesos
name; (P100,000.00).

(g) If the offender is a foreigner, he shall be immediately Section 12. Prescriptive Period. - Trafficking cases under this Act
deported after serving his sentence and be barred shall prescribe in ten (10) years: Provided, however, That trafficking
permanently from entering the country; cases committed by a syndicate or in a large scale as defined under
Section 6 shall prescribe in twenty (20) years.
(h) Any employee or official of government agencies who
shall issue or approve the issuance of travel exit clearances, The prescriptive period shall commence to run from the day on
passports, registration certificates, counseling certificates, which the trafficked person is delivered or released from the
marriage license, and other similar documents to persons, conditions of bondage and shall be interrupted by the filing of the
whether juridical or natural, recruitment agencies, complaint or information and shall commence to run again when
establishments or other individuals or groups, who fail to such proceedings terminate without the accused being convicted or
observe the prescribed procedures and the requirement as acquitted or are unjustifiably stopped for any reason not imputable
provided for by laws, rules and regulations, shall be held to the accused.
administratively liable, without prejudice to criminal liability
under this Act. The concerned government official or
employee shall, upon conviction, be dismissed from the
service and be barred permanently to hold public office. Section 1. Title. This Act shall be known as the "Anti-Trafficking in
His/her retirement and other benefits shall likewise be Persons Act of 2003".
forfeited; and

(i) Conviction by final judgment of the adopter for any

offense under this Act shall result in the immediate
rescission of the decree of adoption.
10.) Republic Act No. 9262 March 08, 2004 a) rape, sexual harassment, acts of
lasciviousness, treating a woman or her
AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR child as a sex object, making demeaning
CHILDREN, PROVIDING FOR PROTECTIVE MEASURES FOR VICTIMS, and sexually suggestive remarks, physically
PRESCRIBING PENALTIES THEREFORE, AND FOR OTHER PURPOSES attacking the sexual parts of the victim's
body, forcing her/him to watch obscene
Be it enacted by the Senate and House of Representatives of the publications and indecent shows or forcing
Philippine Congress Assembled: the woman or her child to do indecent acts
and/or make films thereof, forcing the wife
SECTION 1. Short Title.- This Act shall be known as the "Anti- and mistress/lover to live in the conjugal
Violence Against Women and Their Children Act of 2004". home or sleep together in the same room
with the abuser;
SECTION 3. Definition of Terms.- As used in this Act,
b) acts causing or attempting to cause the
(a) "Violence against women and their children" refers to victim to engage in any sexual activity by
any act or a series of acts committed by any person against force, threat of force, physical or other
a woman who is his wife, former wife, or against a woman harm or threat of physical or other harm or
with whom the person has or had a sexual or dating coercion;
relationship, or with whom he has a common child, or
against her child whether legitimate or illegitimate, within c) Prostituting the woman or child.
or without the family abode, which result in or is likely to
result in physical, sexual, psychological harm or suffering, or C. "Psychological violence" refers to acts or
economic abuse including threats of such acts, battery, omissions causing or likely to cause mental or
assault, coercion, harassment or arbitrary deprivation of emotional suffering of the victim such as but not
liberty. It includes, but is not limited to, the following acts: limited to intimidation, harassment, stalking,
damage to property, public ridicule or humiliation,
A. "Physical Violence" refers to acts that include repeated verbal abuse and mental infidelity. It
bodily or physical harm; includes causing or allowing the victim to witness
the physical, sexual or psychological abuse of a
B. "Sexual violence" refers to an act which is sexual member of the family to which the victim belongs,
in nature, committed against a woman or her child. or to witness pornography in any form or to witness
It includes, but is not limited to: abusive injury to pets or to unlawful or unwanted
deprivation of the right to custody and/or visitation
of common children.
 D. "Economic abuse" refers to acts that make or follows the woman or her child or places the woman or her
attempt to make a woman financially dependent child under surveillance directly or indirectly or a
which includes, but is not limited to the following: combination thereof.

1. withdrawal of financial support or (e) "Dating relationship" refers to a situation wherein the
preventing the victim from engaging in any parties live as husband and wife without the benefit of
legitimate profession, occupation, business marriage or are romantically involved over time and on a
or activity, except in cases wherein the continuing basis during the course of the relationship. A
other spouse/partner objects on valid, casual acquaintance or ordinary socialization between two
serious and moral grounds as defined in individuals in a business or social context is not a dating
Article 73 of the Family Code; relationship.

2. deprivation or threat of deprivation of (f) "Sexual relations" refers to a single sexual act which may
financial resources and the right to the use or may not result in the bearing of a common child.
and enjoyment of the conjugal, community
or property owned in common; (g) "Safe place or shelter" refers to any home or institution
maintained or managed by the Department of Social
3. destroying household property; Welfare and Development (DSWD) or by any other agency
or voluntary organization accredited by the DSWD for the
4. controlling the victims' own money or purposes of this Act or any other suitable place the resident
properties or solely controlling the conjugal of which is willing temporarily to receive the victim.
money or properties.
(h) "Children" refers to those below eighteen (18) years of
(b) "Battery" refers to an act of inflicting physical harm upon age or older but are incapable of taking care of themselves
the woman or her child resulting to the physical and as defined under Republic Act No. 7610. As used in this Act,
psychological or emotional distress. it includes the biological children of the victim and other
children under her care.
(c) "Battered Woman Syndrome" refers to a scientifically
defined pattern of psychological and behavioral symptoms SECTION 5. Acts of Violence Against Women and Their Children.-
found in women living in battering relationships as a result The crime of violence against women and their children is
of cumulative abuse. committed through any of the following acts:

(d) "Stalking" refers to an intentional act committed by a (a) Causing physical harm to the woman or her child;
person who, knowingly and without lawful justification
(b) Threatening to cause the woman or her child physical (4) Preventing the woman in engaging in any
harm; legitimate profession, occupation, business or
activity or controlling the victim's own mon4ey or
(c) Attempting to cause the woman or her child physical properties, or solely controlling the conjugal or
harm; common money, or properties;

(d) Placing the woman or her child in fear of imminent (f) Inflicting or threatening to inflict physical harm on
physical harm; oneself for the purpose of controlling her actions or
decisions;
(e) Attempting to compel or compelling the woman or her
child to engage in conduct which the woman or her child (g) Causing or attempting to cause the woman or her child
has the right to desist from or desist from conduct which to engage in any sexual activity which does not constitute
the woman or her child has the right to engage in, or rape, by force or threat of force, physical harm, or through
attempting to restrict or restricting the woman's or her intimidation directed against the woman or her child or
child's freedom of movement or conduct by force or threat her/his immediate family;
of force, physical or other harm or threat of physical or
other harm, or intimidation directed against the woman or (h) Engaging in purposeful, knowing, or reckless conduct,
child. This shall include, but not limited to, the following personally or through another, that alarms or causes
acts committed with the purpose or effect of controlling or substantial emotional or psychological distress to the
restricting the woman's or her child's movement or woman or her child. This shall include, but not be limited to,
conduct: the following acts:

(1) Threatening to deprive or actually depriving the (1) Stalking or following the woman or her child in
woman or her child of custody to her/his family; public or private places;

(2) Depriving or threatening to deprive the woman (2) Peering in the window or lingering outside the
or her children of financial support legally due her residence of the woman or her child;
or her family, or deliberately providing the woman's
children insufficient financial support; (3) Entering or remaining in the dwelling or on the
property of the woman or her child against her/his
(3) Depriving or threatening to deprive the woman will;
or her child of a legal right;
 (4) Destroying the property and personal belongings
or inflicting harm to animals or pets of the woman
or her child; and

(5) Engaging in any form of harassment or violence;

(i) Causing mental or emotional anguish, public ridicule or

humiliation to the woman or her child, including, but not
limited to, repeated verbal and emotional abuse, and denial
of financial support or custody of minor children of access
to the woman's child/children.

SECTION 26. Battered Woman Syndrome as a Defense. – Victim-

survivors who are found by the courts to be suffering from battered
woman syndrome do not incur any criminal and civil liability
notwithstanding the absence of any of the elements for justifying
circumstances of self-defense under the Revised Penal Code.

In the determination of the state of mind of the woman who was

suffering from battered woman syndrome at the time of the
commission of the crime, the courts shall be assisted by expert
psychiatrists/ psychologists.
11.) REPUBLIC ACT No. 4200 disqualification from public office if the offender be a public official
at the time of the commission of the offense, and, if the offender is
AN ACT TO PROHIBIT AND PENALIZE WIRE TAPPING AND OTHER an alien he shall be subject to deportation proceedings.
RELATED VIOLATIONS OF THE PRIVACY OF COMMUNICATION,
AND FOR OTHER PURPOSES. Section 3. Nothing contained in this Act, however, shall render it
unlawful or punishable for any peace officer, who is authorized by a
Section 1. It shall be unlawful for any person, not being authorized written order of the Court, to execute any of the acts declared to be
by all the parties to any private communication or spoken word, to unlawful in the two preceding sections in cases involving the crimes
tap any wire or cable, or by using any other device or arrangement, of treason, espionage, provoking war and disloyalty in case of war,
to secretly overhear, intercept, or record such communication or piracy, mutiny in the high seas, rebellion, conspiracy and proposal
spoken word by using a device commonly known as a dictaphone or to commit rebellion, inciting to rebellion, sedition, conspiracy to
dictagraph or dictaphone or walkie-talkie or tape recorder, or commit sedition, inciting to sedition, kidnapping as defined by the
however otherwise described: Revised Penal Code, and violations of Commonwealth Act No. 616,
punishing espionage and other offenses against national
It shall also be unlawful for any person, be he a participant or not in security: Provided, That such written order shall only be issued or
the act or acts penalized in the next preceding sentence, to granted upon written application and the examination under oath
knowingly possess any tape record, wire record, disc record, or any or affirmation of the applicant and the witnesses he may produce
other such record, or copies thereof, of any communication or and a showing: (1) that there are reasonable grounds to believe that
spoken word secured either before or after the effective date of this any of the crimes enumerated hereinabove has been committed or
Act in the manner prohibited by this law; or to replay the same for is being committed or is about to be committed: Provided, however,
any other person or persons; or to communicate the contents That in cases involving the offenses of rebellion, conspiracy and
thereof, either verbally or in writing, or to furnish transcriptions proposal to commit rebellion, inciting to rebellion, sedition,
thereof, whether complete or partial, to any other person: Provided, conspiracy to commit sedition, and inciting to sedition, such
That the use of such record or any copies thereof as evidence in any authority shall be granted only upon prior proof that a rebellion or
civil, criminal investigation or trial of offenses mentioned in section acts of sedition, as the case may be, have actually been or are being
3 hereof, shall not be covered by this prohibition. committed; (2) that there are reasonable grounds to believe that
evidence will be obtained essential to the conviction of any person
Section 2. Any person who willfully or knowingly does or who shall for, or to the solution of, or to the prevention of, any of such crimes;
aid, permit, or cause to be done any of the acts declared to be and (3) that there are no other means readily available for obtaining
unlawful in the preceding section or who violates the provisions of such evidence.
the following section or of any order issued thereunder, or aids,
permits, or causes such violation shall, upon conviction thereof, be The order granted or issued shall specify: (1) the identity of the
punished by imprisonment for not less than six months or more person or persons whose communications, conversations,
than six years and with the accessory penalty of perpetual absolute discussions, or spoken words are to be overheard, intercepted, or
recorded and, in the case of telegraphic or telephonic Section 4. Any communication or spoken word, or the existence,
communications, the telegraph line or the telephone number contents, substance, purport, effect, or meaning of the same or any
involved and its location; (2) the identity of the peace officer part thereof, or any information therein contained obtained or
authorized to overhear, intercept, or record the communications, secured by any person in violation of the preceding sections of this
conversations, discussions, or spoken words; (3) the offense or Act shall not be admissible in evidence in any judicial, quasi-judicial,
offenses committed or sought to be prevented; and (4) the period legislative or administrative hearing or investigation.
of the authorization. The authorization shall be effective for the
period specified in the order which shall not exceed sixty (60) days
from the date of issuance of the order, unless extended or renewed
by the court upon being satisfied that such extension or renewal is
in the public interest.

All recordings made under court authorization shall, within forty-

eight hours after the expiration of the period fixed in the order, be
deposited with the court in a sealed envelope or sealed package,
and shall be accompanied by an affidavit of the peace officer
granted such authority stating the number of recordings made, the
dates and times covered by each recording, the number of tapes,
discs, or records included in the deposit, and certifying that no
duplicates or copies of the whole or any part thereof have been
made, or if made, that all such duplicates or copies are included in
the envelope or package deposited with the court. The envelope or
package so deposited shall not be opened, or the recordings
replayed, or used in evidence, or their contents revealed, except
upon order of the court, which shall not be granted except upon
motion, with due notice and opportunity to be heard to the person
or persons whose conversation or communications have been
recorded.

The court referred to in this section shall be understood to mean

the Court of First Instance within whose territorial jurisdiction the
acts for which authority is applied for are to be executed.
12.) BATAS PAMBANSA BLG. 22 when presented within ninety (90) days from the date of the check,
shall be prima facie evidence of knowledge of such insufficiency of
AN ACT PENALIZING THE MAKING OR DRAWING AND ISSUANCE funds or credit unless such maker or drawer pays the holder thereof
OF A CHECK WITHOUT SUFFICIENT FUNDS OR CREDIT AND FOR the amount due thereon, or makes arrangements for payment in
OTHER PURPOSES. full by the drawee of such check within (5) banking days after
receiving notice that such check has not been paid by the drawee.
Section 1. Checks without sufficient funds. - Any person who makes
or draws and issues any check to apply on account or for value, Section 3. Duty of drawee; rules of evidence. - It shall be the duty of
knowing at the time of issue that he does not have sufficient funds the drawee of any check, when refusing to pay the same to the
in or credit with the drawee bank for the payment of such check in holder thereof upon presentment, to cause to be written, printed,
full upon its presentment, which check is subsequently dishonored or stamped in plain language thereon, or attached thereto, the
by the drawee bank for insufficiency of funds or credit or would reason for drawee's dishonor or refusal to pay the same: Provided,
have been dishonored for the same reason had not the drawer, That where there are no sufficient funds in or credit with such
without any valid reason, ordered the bank to stop payment, shall drawee bank, such fact shall always be explicitly stated in the notice
be punished by imprisonment of not less than thirty days but not of dishonor or refusal. In all prosecutions under this Act, the
more than one (1) year or by a fine of not less than but not more introduction in evidence of any unpaid and dishonored check,
than double the amount of the check which fine shall in no case having the drawee's refusal to pay stamped or written thereon or
exceed Two Hundred Thousand Pesos, or both such fine and attached thereto, with the reason therefor as aforesaid, shall be
imprisonment at the discretion of the court. prima facie evidence of the making or issuance of said check, and
the due presentment to the drawee for payment and the dishonor
The same penalty shall be imposed upon any person who, having thereof, and that the same was properly dishonored for the reason
sufficient funds in or credit with the drawee bank when he makes or written, stamped or attached by the drawee on such dishonored
draws and issues a check, shall fail to keep sufficient funds or to check.
maintain a credit to cover the full amount of the check if presented
within a period of ninety (90) days from the date appearing thereon, Not with standing receipt of an order to stop payment, the drawee
for which reason it is dishonored by the drawee bank. shall state in the notice that there were no sufficient funds in or
credit with such bank for the payment in full of such check, if such
Where the check is drawn by a corporation, company or entity, the be the fact.
person or persons who actually signed the check in behalf of such
drawer shall be liable under this Act. Section 4. Credit construed. - The word "credit" as used herein shall
be construed to mean an arrangement or understanding with the
Section 2. Evidence of knowledge of insufficient funds. - The making, bank for the payment of such check.
drawing and issuance of a check payment of which is refused by the
drawee because of insufficient funds in or credit with such bank,
Section 5. Liability under the Revised Penal Code. - Prosecution
under this Act shall be without prejudice to any liability for violation
of any provision of the Revised Penal Code.

Section 6. Separability clause. - If any separable provision of this Act

be declared unconstitutional, the remaining provisions shall
continue to be in force.

Section 7. Effectivity. - This Act shall take effect fifteen days after
publication in the Official Gazette.1âwphi1
16.) Republic Act No. 7610 June 17, 1992 conduct, are deemed to be children exploited in prostitution and
other sexual abuse.
AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL
PROTECTION AGAINST CHILD ABUSE, EXPLOITATION AND The penalty of reclusion temporal in its medium period to reclusion
DISCRIMINATION, AND FOR OTHER PURPOSES perpetua shall be imposed upon the following:

Be it enacted by the Senate and House of Representatives of the (a) Those who engage in or promote, facilitate or induce
Philippines in Congress assembled: child prostitution which include, but are not limited to, the
following:
ARTICLE I
Title, Policy, Principles and Definitions of Terms (1) Acting as a procurer of a child prostitute;

Section 1. Title. – This Act shall be known as the "Special Protection (2) Inducing a person to be a client of a child
of Children Against Abuse, Exploitation and Discrimination Act." prostitute by means of written or oral
advertisements or other similar means;

(3) Taking advantage of influence or relationship to

Section 3. Definition of Terms. – procure a child as prostitute;

(a) "Children" refers to person below eighteen (18) years of (4) Threatening or using violence towards a child to
age or those over but are unable to fully take care of engage him as a prostitute; or
themselves or protect themselves from abuse, neglect,
cruelty, exploitation or discrimination because of a physical (5) Giving monetary consideration goods or other
or mental disability or condition; pecuniary benefit to a child with intent to engage
such child in prostitution.

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

ARTICLE III lascivious conduct with a child exploited in prostitution or
Child Prostitution and Other Sexual Abuse subject to other sexual abuse; Provided, That when the
victims is under twelve (12) years of age, the perpetrators
Section 5. Child Prostitution and Other Sexual Abuse. – Children, shall be prosecuted under Article 335, paragraph 3, for rape
whether male or female, who for money, profit, or any other and Article 336 of Act No. 3815, as amended, the Revised
consideration or due to the coercion or influence of any adult, Penal Code, for rape or lascivious conduct, as the case may
syndicate or group, indulge in sexual intercourse or lascivious be: Provided, That the penalty for lascivious conduct when
 the victim is under twelve (12) years of age shall be thousand pesos (P50,000): Provided, That this provision
reclusion temporal in its medium period; and shall not apply to any person who is related within the
fourth degree of consanguinity or affinity or any bond
(c) Those who derive profit or advantage therefrom, recognized by law, local custom and tradition or acts in the
whether as manager or owner of the establishment where performance of a social, moral or legal duty.
the prostitution takes place, or of the sauna, disco, bar,
resort, place of entertainment or establishment serving as a (c) Any person who shall induce, deliver or offer a minor to
cover or which engages in prostitution in addition to the any one prohibited by this Act to keep or have in his
activity for which the license has been issued to said company a minor as provided in the preceding paragraph
establishment. shall suffer the penalty of prision mayor in its medium
period and a fine of not less than Forty thousand pesos
(P40,000); Provided, however, That should the perpetrator
be an ascendant, stepparent or guardian of the minor, the
ARTICLE VI penalty to be imposed shall be prision mayor in its
Other Acts of Abuse maximum period, a fine of not less than Fifty thousand
pesos (P50,000), and the loss of parental authority over the
Section 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation minor.
and Other Conditions Prejudicial to the Child's Development. –
(d) Any person, owner, manager or one entrusted with the
(a) Any person who shall commit any other acts of child operation of any public or private place of accommodation,
abuse, cruelty or exploitation or to be responsible for other whether for occupancy, food, drink or otherwise, including
conditions prejudicial to the child's development including residential places, who allows any person to take along with
those covered by Article 59 of Presidential Decree No. 603, him to such place or places any minor herein described shall
as amended, but not covered by the Revised Penal Code, as be imposed a penalty of prision mayor in its medium period
amended, shall suffer the penalty of prision mayor in its and a fine of not less than Fifty thousand pesos (P50,000),
minimum period. and the loss of the license to operate such a place or
establishment.
(b) Any person who shall keep or have in his company a
minor, twelve (12) years or under or who in ten (10) years (e) Any person who shall use, coerce, force or intimidate a
or more his junior in any public or private place, hotel, street child or any other child to;
motel, beer joint, discotheque, cabaret, pension house,
sauna or massage parlor, beach and/or other tourist resort (1) Beg or use begging as a means of living;
or similar places shall suffer the penalty of prision mayor in
its maximum period and a fine of not less than Fifty
 (2) Act as conduit or middlemen in drug trafficking
or pushing; or

(3) Conduct any illegal activities, shall suffer the

penalty of prision correccional in its medium period
to reclusion perpetua.

For purposes of this Act, the penalty for the commission of acts
punishable under Articles 248, 249, 262, paragraph 2, and 263,
paragraph 1 of Act No. 3815, as amended, the Revised Penal Code,
for the crimes of murder, homicide, other intentional mutilation,
and serious physical injuries, respectively, shall be reclusion
perpetua when the victim is under twelve (12) years of age. The
penalty for the commission of acts punishable under Article 337,
339, 340 and 341 of Act No. 3815, as amended, the Revised Penal
Code, for the crimes of qualified seduction, acts of lasciviousness
with the consent of the offended party, corruption of minors, and
white slave trade, respectively, shall be one (1) degree higher than
that imposed by law when the victim is under twelve (12) years age.

The victim of the acts committed under this section shall be

entrusted to the care of the Department of Social Welfare and
Development.
17.) PRESIDENTIAL DECREE No. 1689 April 6, 1980 carrying out the unlawful or illegal act, transaction, enterprise or
scheme, and the defraudation results in the misappropriation of
INCREASING THE PENALTY FOR CERTAIN FORMS OF SWINDLING money contributed by stockholders, or members of rural banks,
OR ESTAFA cooperative, "samahang nayon(s)", or farmers association, or of
funds solicited by corporations/associations from the general public.
WHEREAS, there is an upsurge in the commission of swindling and
other forms of frauds in rural banks, cooperatives, "samahang When not committed by a syndicate as above defined, the penalty
nayon (s)", and farmers' associations or corporations/associations imposable shall be reclusion temporal to reclusion perpetua if the
operating on funds solicited from the general public; amount of the fraud exceeds 100,000 pesos.

WHEREAS, such defraudation or misappropriation of funds Section 2. This decree shall take effect immediately.
contributed by stockholders or members of such rural banks,
cooperatives, "samahang nayon(s)", or farmers' associations, or of
funds solicited by corporations/associations from the general public,
erodes the confidence of the public in the banking and cooperative
system, contravenes the public interest, and constitutes economic
sabotage that threatens the stability of the nation;

WHEREAS, it is imperative that the resurgence of said crimes be

checked, or at least minimized, by imposing capital punishment on
certain forms of swindling and other frauds involving rural banks,
cooperatives, "samahang nayon(s)", farmers' associations or
corporations/associations operating on funds solicited from the
general public;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the

Philippines, by virtue of the powers vested in me by the
Constitution, do hereby decree and order as follows:

Section 1. Any person or persons who shall commit estafa or other

forms of swindling as defined in Article 315 and 316 of the Revised
Penal Code, as amended, shall be punished by life imprisonment to
death if the swindling (estafa) is committed by a syndicate
consisting of five or more persons formed with the intention of