Criminal Law

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2024 BAR EXAMINATIONS

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 Article 10. Offenses not subject to the provisions of this
Code. - Offenses which are or in the future may be
punishable under special laws are not subject to the
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provisions of this Code. This Code shall be Article 6. Consummated, frustrated, and attempted
I. FUNDAMENTAL PRINCIPLES OF
supplementary to such laws, unless the latter should felonies. - Consummated felonies as well as those which
CRIMINAL LAW are frustrated and attempted, are punishable.
specially provide the contrary.
A. Schools of Thought
1. Classical Theory A felony is consummated when all the elements
2. Positivist Theory
3. Eclectic or Mixed Theory Article 3. Definitions. - Acts and omissions punishable by necessary for its execution and accomplishment are
4. Utilitarian Theory
law are felonies (delitos). present; and it is frustrated when the offender performs
B. Construction or Interpretation of Penal all the acts of execution which would produce the felony
Laws
Felonies are committed not only be means of deceit as a consequence but which, nevertheless, do not
1. Effects of Repeal/Amendments of Penal
Laws; Repeal by Reenactment (dolo) but also by means of fault (culpa). produce it by reason of causes independent of the will of
2. Retroactive Effect of Penal Laws the perpetrator.
3. Pro Reo Principle
4. Suppletory Application of the Revised There is deceit when the act is performed with deliberate
Penal Code to Special Laws – RPC, art. 10
intent and there is fault when the wrongful act results There is an attempt when the offender commences the
C. Mala in se and mala prohibita from imprudence, negligence, lack of foresight, or lack of commission of a felony directly or over acts, and does
skill. not perform all the acts of execution which should
D. Principles of Generality, Territoriality
and Prospectivity produce the felony by reason of some cause or accident
Article 4. Criminal liability. - Criminal liability shall be other than this own spontaneous desistance.
E. Constitutional Limitations on the Power
of Congress to Enact Penal Laws incurred:
1. Equal Protection Article 5. Duty of the court in connection with acts
2. Due Process
3. Bill of Attainder 1. By any person committing a felony (delito) although the which should be repressed but which are not covered by
4. Ex post facto Law
wrongful act done be different from that which he the law, and in cases of excessive penalties. - Whenever
5. Cruel and Unusual Punishment; Excessive
Fine intended. a court has knowledge of any act which it may deem
proper to repress and which is not punishable by law, it
2. By any person performing an act which would be an shall render the proper decision, and shall report to the
II. REVISED PENAL CODE –
BOOK ONE offense against persons or property, were it not for the Chief Executive, through the Department of Justice, the
inherent impossibility of its accomplishment or an reasons which induce the court to believe that said act
A. Felonies (Article 3)
account of the employment of inadequate or ineffectual should be made the subject of legislation.
1. Criminal Liability – Article 4(1)
a. Actus reus and mens rea; Objective and means.
Subjective Elements In the same way, the court shall submit to the Chief
b. Aberratio ictus, error in personae, and
praeter intentionem
Executive, through the Department of Justice, such
c. Proximate Cause and Efficient Intervening
ART. 9. Grave felonies, less grave felonies and light statement as may be deemed proper, without suspending
Cause
2. Impossible Crime – Article 4(2) felonies.- Grave felonies are those to which the law the execution of the sentence, when a strict enforcement
3. Gravity of Felonies: Grave, Less Grave,
attaches the capital punishment or penalties which in any of the provisions of this Code would result in the
and Light – Article 9, as amended by R.A.
No. 10951 of their periods are afflictive, in accordance with Article imposition of a clearly excessive penalty, taking into
4. Stages of Execution – Article 6
25 of this Code. consideration the degree of malice and the injury caused
a. Subjective Phase and Objective Phase
b. Preparatory and Overt
by the offense.
Acts
"Less grave felonies are those which the law punishes
c. Attempted, Frustrated, and
Consummated Stages with penalties which in their maximum period are
d. Spontaneous Desistance
correctional, in accordance with the abovementioned
5. Duty of the Courts in Case of Non-
Punishable Act and Excessive Penalty – article.
Article 5
6. Suppletory Application of the Revised
Penal Code – Article 10 "Light felonies are those infractions of law for the
commission of which the penalty of arresto menor or a
fine not exceeding Forty thousand pesos (P40,000) or

Criminal Law
both is provided
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 Article 11. Justifying circumstances. - The following do
not incur any criminal liability:
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1. Anyone who acts in defense of his person or rights, Article 12. Circumstances which exempt from criminal
II. REVISED PENAL CODE – provided that the following circumstances concur; liability. - the following are exempt from criminal liability:
BOOK ONE

B. Circumstances Affecting Criminal

First. Unlawful aggression. 1. An imbecile or an insane person, unless the latter has
Liability Second. Reasonable necessity of the means employed to acted during a lucid interval.
1. Justifying Circumstances – Article 11
2. Exempting Circumstances – Article 12
prevent or repel it. When the imbecile or an insane person has committed an
Third. Lack of sufficient provocation on the part of the act which the law defines as a felony (delito), the court
person defending himself. shall order his confinement in one of the hospitals or
asylums established for persons thus afflicted, which he
2. Any one who acts in defense of the person or rights of shall not be permitted to leave without first obtaining the
his spouse, ascendants, descendants, or legitimate, permission of the same court.
natural or adopted brothers or sisters, or his relatives by
affinity in the same degrees and those consanguinity 2. A person under nine years of age.
within the fourth civil degree, provided that the first and
second requisites prescribed in the next preceding 3. A person over nine years of age and under fifteen,
circumstance are present, and the further requisite, in unless he has acted with discernment, in which case,
case the revocation was given by the person attacked, such minor shall be proceeded against in accordance
that the one making defense had no part therein. with the provisions of Art. 80 of this Code.

3. Anyone who acts in defense of the person or rights of When such minor is adjudged to be criminally
a stranger, provided that the first and second requisites irresponsible, the court, in conformably with the
mentioned in the first circumstance of this Article are provisions of this and the preceding paragraph, shall
present and that the person defending be not induced by commit him to the care and custody of his family who
revenge, resentment, or other evil motive. shall be charged with his surveillance and education
otherwise, he shall be committed to the care of some
4. Any person who, in order to avoid an evil or injury, does institution or person mentioned in said Art. 80.
not act which causes damage to another, provided that
the following requisites are present; 4. Any person who, while performing a lawful act with due
care, causes an injury by mere accident without fault or
First. That the evil sought to be avoided actually exists; intention of causing it.
Second. That the injury feared be greater than that done
to avoid it; 5. Any person who act under the compulsion of
Third. That there be no other practical and less harmful irresistible force.
means of preventing it.
6. Any person who acts under the impulse of an
5. Any person who acts in the fulfillment of a duty or in uncontrollable fear of an equal or greater injury.
the lawful exercise of a right or office.
7. Any person who fails to perform an act required by law,
6. Any person who acts in obedience to an order issued when prevented by some lawful insuperable cause.
by a superior for some lawful purpose.

NOTES:

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Criminal Law
 Article 13. Mitigating circumstances. - The following are
mitigating circumstances;
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1. Those mentioned in the preceding chapter, when all the Article 14. Aggravating circumstances. - The following are
II. REVISED PENAL CODE – requisites necessary to justify or to exempt from criminal aggravating circumstances:
BOOK ONE liability in the respective cases are not attendant.
1. That advantage be taken by the offender of his public position.
B. Circumstances Affecting Criminal
Liability
2. That the offender is under eighteen year of age or over
3. Mitigating Circumstances – Article 13 seventy years. In the case of the minor, he shall be 2. That the crime be committed in contempt or with insult to the
4. Aggravating Circumstances – Article 14
proceeded against in accordance with the provisions of Art. public authorities.
5. Alternative Circumstances – Article 15
6. Absolutory Causes 80.
3. That the act be committed with insult or in disregard of the
respect due the offended party on account of his rank, age, or
3. That the offender had no intention to commit so grave a
sex, or that is be committed in the dwelling of the offended
wrong as that committed.
party, if the latter has not given provocation.

4. That sufficient provocation or threat on the part of the 4. That the act be committed with abuse of confidence or
offended party immediately preceded the act. obvious ungratefulness.

5. That the act was committed in the immediate vindication 5. That the crime be committed in the palace of the Chief
of a grave offense to the one committing the felony (delito), Executive or in his presence, or where public authorities are
his spouse, ascendants, or relatives by affinity within the engaged in the discharge of their duties, or in a place dedicated
same degrees. to religious worship.

6. That of having acted upon an impulse so powerful as 6. That the crime be committed in the night time, or in an
naturally to have produced passion or obfuscation. uninhabited place, or by a band, whenever such circumstances
may facilitate the commission of the offense.

7. That the offender had voluntarily surrendered himself to a

Whenever more than three armed malefactors shall have acted
person in authority or his agents, or that he had voluntarily
together in the commission of an offense, it shall be deemed to
confessed his guilt before the court prior to the have been committed by a band.
presentation of the evidence for the prosecution;
7. That the crime be committed on the occasion of a
8. That the offender is deaf and dumb, blind or otherwise conflagration, shipwreck, earthquake, epidemic or other calamity
suffering some physical defect which thus restricts his or misfortune.
means of action, defense, or communications with his fellow
beings. 8. That the crime be committed with the aid of armed men or
persons who insure or afford impunity.
9. Such illness of the offender as would diminish the
exercise of the will-power of the offender without however 9. That the accused is a recidivist.
depriving him of the consciousness of his acts.
A recidivist is one who, at the time of his trial for one crime, shall
have been previously convicted by final judgment of another
10. And, finally, any other circumstances of a similar nature
crime embraced in the same title of this Code.
and analogous to those above mentioned.
10. That the offender has been previously punished by an offense
to which the law attaches an equal or greater penalty or for two
or more crimes to which it attaches a lighter penalty.

NOTES:

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Criminal Law
 11. That the crime be committed in consideration of a price,
reward, or promise.
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12. That the crime be committed by means of inundation, ALTERNATIVE CIRCUMSTANCES
II. REVISED PENAL CODE – fire, poison, explosion, stranding of a vessel or international
BOOK ONE damage thereto, derailment of a locomotive, or by the use Article 15. Their concept. - Alternative circumstances are
of any other artifice involving great waste and ruin. those which must be taken into consideration as
B. Circumstances Affecting Criminal
Liability aggravating or mitigating according to the nature and
3. Mitigating Circumstances – Article 13 13. That the act be committed with evidence premeditation.
4. Aggravating Circumstances – Article 14
effects of the crime and the other conditions attending its
5. Alternative Circumstances – Article 15 commission. They are the relationship, intoxication and the
6. Absolutory Causes 14. That craft, fraud or disguise be employed.
degree of instruction and education of the offender.
C. Persons Criminally Liable and Degree of
Participation 15. That advantage be taken of superior strength, or means
The alternative circumstance of relationship shall be taken
1. Principals, Accomplices, and Accessories be employed to weaken the defense.
– Articles 16-20 into consideration when the offended party in the spouse,
ascendant, descendant, legitimate, natural, or adopted
16. That the act be committed with treachery (alevosia).
brother or sister, or relative by affinity in the same degrees
There is treachery when the offender commits any of the
of the offender.
crimes against the person, employing means, methods, or
forms in the execution thereof which tend directly and
The intoxication of the offender shall be taken into
specially to insure its execution, without risk to himself
arising from the defense which the offended party might consideration as a mitigating circumstances when the
make. offender has committed a felony in a state of intoxication,
if the same is not habitual or subsequent to the plan to
17. That means be employed or circumstances brought commit said felony but when the intoxication is habitual or
about which add ignominy to the natural effects of the act. intentional, it shall be considered as an aggravating
circumstance.
18. That the crime be committed after an unlawful entry.
There is an unlawful entry when an entrance is effected by a
way not intended for the purpose. PERSONS CRIMINALLY LIABLE FOR FELONIES

19. That as a means to the commission of a crime a wall, Article 16. Who are criminally liable. - The following are
roof, floor, door, or window be broken. criminally liable for grave and less grave felonies:
1. Principals.
20. That the crime be committed with the aid of persons 2. Accomplices.
under fifteen years of age or by means of motor vehicles, 3. Accessories.
airships, or other similar means.
The following are criminally liable for light felonies:
21. That the Wrong done in the commission of the crime be 1. Principals
deliberately augmented by causing other wrong not 2. Accomplices.
necessary for its commission.
Article 17. Principals. - The following are considered
principals:

1. Those who take a direct part in the execution of the act;

2. Those who directly force or induce others to commit it;
3. Those who cooperate in the commission of the offense
by another act without which it would not have been
NOTES: accomplished.

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Criminal Law
 Article 18. Accomplices. - Accomplices are those
persons who, not being included in Article 17, cooperate
in the execution of the offense by previous or
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simultaneous acts. Article 14. Aggravating circumstances. - The following
II. REVISED PENAL CODE – are aggravating circumstances:
BOOK ONE Article 19. Accessories. - Accessories are those who,
C. Persons Criminally Liable and Degree of
having knowledge of the commission of the crime, and 9. That the accused is a recidivist.
Participation without having participated therein, either as principals or
1. Principals, Accomplices, and Accessories
– Articles 16-20
accomplices, take part subsequent to its commission in A recidivist is one who, at the time of his trial for one
2. Conspiracy and Proposal – Article 8 any of the following manners: crime, shall have been previously convicted by final
a. As a mode of incurring criminal liability
b. As a crime judgment of another crime embraced in the same title of
3. Liability for Multiple Commission of 1. By profiting themselves or assisting the offender to this Code.
Crimes
a. Recidivism – Article 14(9)
profit by the effects of the crime.
b. Habituality – Article 14(10) 10. That the offender has been previously punished by an
c. Quasi-recidivism – Article 160
2. By concealing or destroying the body of the crime, or offense to which the law attaches an equal or greater
the effects or instruments thereof, in order to prevent its penalty or for two or more crimes to which it attaches a
discovery. lighter penalty.

3. By harboring, concealing, or assisting in the escape of

the principals of the crime, provided the accessory acts COMMISSION OF ANOTHER CRIME DURING SERVICE OF
with abuse of his public functions or whenever the author PENALTY IMPOSED FOR ANOTHER PREVIOUS OFFENSE
of the crime is guilty of treason, parricide, murder, or an
attempt to take the life of the Chief Executive, or is Article 160. Commission of another crime during service
known to be habitually guilty of some other crime. of penalty imposed for another offense; Penalty. -
Besides the provisions of Rule 5 of Article 62, any person
Article 20. Accessories who are exempt from criminal who shall commit a felony after having been convicted by
liability. - The penalties prescribed for accessories shall final judgment, before beginning to serve such sentence,
not be imposed upon those who are such with respect to or while serving the same, shall be punished by the
their spouses, ascendants, descendants, legitimate, maximum period of the penalty prescribed by law for the
natural, and adopted brothers and sisters, or relatives by new felony.
affinity within the same degrees, with the single
exception of accessories falling within the provisions of Any convict of the class referred to in this article, who is
paragraph 1 of the next preceding article. not a habitual criminal, shall be pardoned at the age of
seventy years if he shall have already served out his
Article 8. Conspiracy and proposal to commit felony. - original sentence, or when he shall complete it after
Conspiracy and proposal to commit felony are punishable reaching the said age, unless by reason of his conduct or
only in the cases in which the law specially provides a other circumstances he shall not be worthy of such
penalty therefor. clemency.

A conspiracy exists when two or more persons come to

an agreement concerning the commission of a felony and
decide to commit it.

There is proposal when the person who has decided to

commit a felony proposes its execution to some other
NOTES: person or persons.

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Criminal Law
 Article 62. Effect of the attendance of mitigating or
aggravating circumstances and of habitual delinquency.
- Mitigating or aggravating circumstances and habitual
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delinquency shall be taken into account for the purpose PENALTIES IN GENERAL
II. REVISED PENAL CODE – of diminishing or increasing the penalty in conformity with
BOOK ONE the following rules: Article 21. Penalties that may be imposed. - No felony shall be
punishable by any penalty not prescribed by law prior to its
C. Persons Criminally Liable and Degree of
commission.
Participation 5. Habitual delinquency shall have the following effects:
3. Liability for Multiple Commission of
Crimes Article 25. Penalties which may be imposed. - The penalties
d. Habitual delinquency –Article 62(5) (a) Upon a third conviction the culprit shall be sentenced which may be imposed according to this Code, and their different
D. Plurality of Crimes (Real and Ideal)
to the penalty provided by law for the last crime of which classes, are those included in the following:
1. Absorption System he be found guilty and to the additional penalty of prision
2. Single Impulse Rule
3. Complex Crime – Article 48
correccional in its medium and maximum periods; Scale
4. Special Complex Crime Principal Penalties
5. Continuous/Continued Crime
(b) Upon a fourth conviction, the culprit shall be Capital punishment:
6. Continuing Crime
Death.
sentenced to the penalty provided for the last crime of
E. Penalties
1. Nullum crimen, nulla poena sine lege –
which he be found guilty and to the additional penalty of Afflictive penalties:
Article 21 prision mayor in its minimum and medium periods; and Reclusion perpetua,
2. Philosophical Theories
3. Classification of Penalties – Articles 25- Reclusion temporal,
26, as amended by R.A. No. 10951 (c) Upon a fifth or additional conviction, the culprit shall Perpetual or temporary absolute disqualification,
be sentenced to the penalty provided for the last crime Perpetual or temporary special disqualification,
of which he be found guilty and to the additional penalty Prision mayor.
of prision mayor in its maximum period to reclusion
Correctional penalties:
temporal in its minimum period.
Prision correccional,
Arresto mayor,
Notwithstanding the provisions of this article, the total of Suspension,
the two penalties to be imposed upon the offender, in Destierro.
conformity herewith, shall in no case exceed 30 years.
Light penalties:
For the purpose of this article, a person shall be deemed Arresto menor,
to be habitual delinquent, is within a period of ten years Public censure.
Penalties common to the three preceding classes:
from the date of his release or last conviction of the
Fine, and
crimes of serious or less serious physical injuries, robo, Bond to keep the peace.
hurto, estafa or falsification, he is found guilty of any of Accessory Penalties
said crimes a third time or oftener. Perpetual or temporary absolute disqualification,
Perpetual or temporary special disqualification,
Suspension from public office, the right to vote and be voted for,
Article 48. Penalty for complex crimes. - When a single the profession or calling.
act constitutes two or more grave or less grave felonies, Civil interdiction,
Indemnification,
or when an offense is a necessary means for committing
Forfeiture or confiscation of instruments and proceeds of the
the other, the penalty for the most serious crime shall be offense,
imposed, the same to be applied in its maximum period. Payment of costs.

NOTES:

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Criminal Law
 ART. 26. Fine.- When afflictive, correctional, or light
penalty.- A fine, whether imposed as a single or as an
alternative penalty, shall be considered an afflictive
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penalty, if it exceeds One million two hundred thousand Rules for the Application of Penalties to the Persons Criminally
II. REVISED PENAL CODE – pesos (P1, 200, 000); a correctional penalty, if it does not Liable and for the Graduation of the Same
BOOK ONE exceed One million two hundred thousand pesos (P1, 200,
000) but is not less than Forty thousand pesos (P40, ARTICLE 46. Penalty to be Imposed Upon Principals in General.
3. Classification of Penalties – Articles 25-
— The penalty prescribed by law for the commission of a felony
26, as amended by R.A. No. 10951 000); and a light penalty, if be less than Forty thousand
4. Duration and Effects of Penalties – shall be imposed upon the principals in the commission of such
Article 27
pesos (P40, 000). felony.
5. Application and Graduation of Penalties –
Articles 46, 50-57, 61-65 and 76-77
Whenever the law prescribes a penalty for a felony in general
ARTICLE 27. Reclusión Perpetua. — Any person terms, it shall be understood as applicable to the consummated
sentenced to any of the perpetual penalties shall be felony.
pardoned after undergoing the penalty for thirty years,
unless such person by reason of his conduct or some ARTICLE 50. Penalty to Be Imposed Upon Principals of a
Frustrated Crime. — The penalty next lower in degree than that
other serious cause shall be considered by the Chief
prescribed by law for the consummated felony shall be imposed
Executive as unworthy of pardon. upon the principal in a frustrated felony.

Reclusión temporal. — The penalty of reclusión temporal ARTICLE 51. Penalty to Be Imposed Upon Principals of
shall be from twelve years and one day to twenty years. Attempted Crimes. — The penalty lower by two degrees than
that prescribed by law for the consummated felony shall be
Prisión mayor and temporary disqualification. — The imposed upon the principals in an attempt to commit a felony.
duration of the penalties of prisión mayor and temporary
ARTICLE 52. Penalty to Be Imposed Upon Accomplices in a
disqualification shall be from six years and one day to
Consummated Crime. — The penalty next lower in degree than
twelve years, except when the penalty of disqualification that prescribed by law for the consummated felony shall be
is imposed as an accessory penalty, in which case its imposed upon the accomplices in the commission of a
duration shall be that of the principal penalty. consummated felony.

Prisión correccional, suspensión, and destierro. — The ARTICLE 53. Penalty to Be Imposed Upon Accessories to the
duration of the penalties of prision correccional, Commission of a Consummated Felony. — The penalty lower by
suspensión and destierro shall be from six months and two degrees than that prescribed by law for the consummated
felony shall be imposed upon the accessories to the commission
one day to six years, except when suspension is imposed
of a consummated felony.
as an accessory penalty, in which case, its duration shall
be that of the principal penalty. ARTICLE 54. Penalty to Be Imposed Upon Accomplices in a
Frustrated Crime. — The penalty next lower in degree than that
Arresto mayor. — The duration of the penalty or arresto prescribed by law for the frustrated felony shall be imposed
mayor shall be from one month and one day to six upon the accomplices in the commission of a frustrated felony.
months.
ARTICLE 55. Penalty to Be Imposed Upon Accessories of a
Frustrated Crime. — The penalty lower by two degrees than that
Arresto menor. — The duration of the penalty of arresto
prescribed by law for the frustrated felony shall be imposed
menor shall be from one day to thirty days. upon the accessories to the commission of a frustrated felony.

Bond to keep the peace. — The bond to keep the peace ARTICLE 56. Penalty to Be Imposed Upon Accomplices in an
shall be required to cover such period of time as the Attempted Crime. — The penalty next lower in degree than that
court may determine. prescribed by law for an attempt to commit a felony shall be
imposed upon the accomplices in an attempt to commit the
NOTES:
felony.

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Criminal Law
 ARTICLE 57. Penalty to Be Imposed Upon Accessories of
an Attempted Crime. — The penalty lower by two
degrees than that prescribed by law for the attempt shall
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be imposed upon the accessories to the attempt to
Rules for the Application of Penalties with Regard to the
II. REVISED PENAL CODE – commit a felony.
Mitigating and Aggravating Circumstances, and Habitual
BOOK ONE
Delinquency
5. Application and Graduation of Penalties –
ARTICLE 61. Rules for Graduating Penalties. — For the
Articles 46, 50-57, 61-65 and 76-77 purpose of graduating the penalties which, according to
ARTICLE 62. Effects of the Attendance of Mitigating or
the provisions of articles 50 to 57, inclusive, of this Code,
Aggravating Circumstances and of Habitual Delinquency.
are to be imposed upon persons guilty as principals of
— Mitigating or aggravating circumstances and habitual
any frustrated or attempted felony, or as accomplices or
delinquency shall be taken into account for the purpose
accessories, the following rules shall be observed:
of diminishing or increasing the penalty in conformity with
the following rules:
1. When the penalty prescribed for the felony is single
and indivisible, the penalty next lower in degree shall be
1. Aggravating circumstances which in themselves
that immediately following that indivisible penalty in the
constitute a crime specially punishable by law or which
scale prescribed in article 70 of this Code.
are included by the law in defining a crime and
prescribing the penalty therefor shall not be taken into
2. When the penalty prescribed for the crime is
account for the purpose of increasing the penalty.
composed of two indivisible penalties, or of one or more
divisible penalties to be imposed to their full extent, the
2. The same rule shall apply with respect to any
penalty next lower in degree shall be that immediately
aggravating circumstances inherent in the crime to such a
following the lesser of the penalties prescribed in the
degree that it must of necessity accompany the
above mentioned scale.
commission thereof.

3. When the penalty prescribed for the crime is

3. Aggravating or mitigating circumstances which arise
composed of one or two indivisible penalties and the
from the moral attributes of the offender, or from his
maximum period of another divisible penalty, the penalty
private relations with the offended party, or from any
next lower in degree shall be composed of the medium
other personal cause, shall only serve to aggravate or
and minimum periods of the proper divisible penalty and
mitigate the liability of the principals, accomplices and
the maximum period of that immediately following in said
accessories as to whom such circumstances are
scale.
attendant.

4. When the penalty prescribed for the crime is

4. The circumstances which consist in the material
composed of several periods, corresponding to different
execution of the act, or in the means employed to
divisible penalties, the penalty next lower in degree shall
accomplish it, shall serve to aggravate or mitigate the
be composed of the period immediately following the
liability of those persons only who had knowledge of
minimum prescribed and of the two next following, which
them at the time of the execution of the act or their
shall be taken from the penalty prescribed, if possible;
cooperation therein.
otherwise, from the penalty immediately following in the
above mentioned scale.

5. When the law prescribes a penalty for a crime in some

manner not specially provided for in the four preceding
rules, the courts, proceeding by analogy, shall impose
NOTES: corresponding penalties upon those guilty as principals
of the frustrated felony, or of attempt to commit the
same, and upon accomplices and accessories.
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Criminal Law
 5. Habitual delinquency shall have the following effects:

(a) Upon a third conviction the culprit shall be sentenced to the

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penalty provided by law for the last crime of which he be found
guilty and to the additional penalty of prisión correccional in its ARTICLE 64. Rules for the Application of Penalties
II. REVISED PENAL CODE –
medium and maximum periods; Which Contain Three Periods. — In cases in which the
BOOK ONE
penalties prescribed by law contain three periods,
5. Application and Graduation of Penalties – (b) Upon a fourth conviction the culprit shall be sentenced to the whether it be a single divisible penalty or composed of
Articles 46, 50-57, 61-65 and 76-77 penalty provided for the last crime of which he be found guilty
three different penalties, each one of which forms a
and to the additional penalty of prisión mayor in its minimum and
period in accordance with the provisions of articles 76
medium periods; and
and 77, the courts shall observe for the application of the
(c) Upon a fifth or additional conviction, the culprit shall be penalty the following rules, according to whether there
sentenced to the penalty provided for the last crime of which he are or are not mitigating or aggravating circumstances:
be found guilty and to the additional penalty of prisión mayor in
its maximum period to reclusión temporal in its minimum period. 1. When there are neither aggravating nor mitigating
circumstances, they shall impose the penalty prescribed
Notwithstanding the provisions of this article, the total of the two
by law in its medium period.
penalties to be imposed upon the offender, in conformity
herewith, shall in no case exceed 30 years.
2. When only a mitigating circumstance is present in the
For the purpose of this article, a person shall be deemed to be commission of the act, they shall impose the penalty in
habitual delinquent, if within a period of ten years from the date its minimum period.
of his release or last conviction of the crimes robo, hurto, estafa,
or falsificacion, he is found guilty of any of said crimes a third 3. When only an aggravating circumstance is present in
time or oftener. the commission of the act, they shall impose the penalty
in its maximum period.
ARTICLE 63. Rules for the Application of Indivisible Penalties.
— In all cases in which the law prescribes a single indivisible
penalty, it shall be applied by the courts regardless of any 4. When both mitigating and aggravating circumstances
mitigating or aggravating circumstances that may have attended are present, the court shall reasonably offset those of
the commission of the deed. one class against the other according to their relative
weight.
In all cases in which the law prescribes a penalty composed of
two indivisible penalties, the following rules shall be observed in 5. When there are two or more mitigating circumstances
the application thereof:
and no aggravating circumstances are present, the court
shall impose the penalty next lower to that prescribed by
1. When in the commission of the deed there is present only one
aggravating circumstance, the greater penalty shall be applied. law, in the period that it may deem applicable, according
to the number and nature of such circumstances.
2. When there are neither mitigating nor aggravating
circumstances in the commission of the deed, the lesser penalty 6. Whatever may be the number and nature of the
shall be applied. aggravating circumstances, the courts shall not impose a
greater penalty than that prescribed by law, in its
3. When the commission of the act is attended by some
maximum period.
mitigating circumstance and there is no aggravating
circumstance, the lesser penalty shall be applied.
7. Within the limits of each period, the courts shall
4. When both mitigating and aggravating circumstances attended determine the extent of the penalty according to the
the commission of the act, the courts shall reasonably allow number and nature of the aggravating and mitigating
them to offset one another in consideration of their number and circumstances and the greater or lesser extent of the evil
NOTES: importance, for the purpose of applying the penalty in produced by the crime.
accordance with the preceding rules, according to the result of
such compensation.
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Criminal Law
 ARTICLE 65. Rule in Cases in Which the Penalty is Not
Composed of Three Periods. — In cases in which the penalty
prescribed by law is not composed of three periods, the courts
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shall apply the rules contained in the foregoing articles, dividing
into three equal portions the time included in the penalty
II. REVISED PENAL CODE –
prescribed, and forming one period of each of the three portions.
BOOK ONE

5. Application and Graduation of Penalties –

Articles 46, 50-57, 61-65 and 76-77

TABULATION OF THE PROVISIONS OF THE CHAPTER.

Penalty Prescribe for the Penalty to be imposed Penalty to be imposed Penalty to be imposed Penalty to be imposed upon
crime upon the principal in a upon the principal in an upon the accessory in a the accessory in an
frustrated crime, and attempted crime, the frustrated crime, and the attempted crime
accomplice in a accessory in the accomplices in an
consummated crime consummated crime and attempted crime
the accomplices in a
frustrated crime.

First Case Death Reclusion Perpetua Reclusion Temporal Prision Mayor Prision Correccional

Second Case Reclusion Perpetua to Reclusion Temporal Prision Mayor Prision Correccional Arresto Mayor
Death

Third Case Reclusion Temporal in its Prision Mayor in its Prision correccional in its Arresto Mayor in it s Fine and Arresto Mayor in
maximum period to death maximum period to maximum period to prision maximum period to prision its minimum and medium
reclusion temporal in its mayor in its medium period correccional in its medium periods
medium period period

Fourth Case Prision Mayor in its Prision correccional in its Arresto mayor in its Fine and Arresto Mayor in
maximum period to maximum period to prision maximum period to prision its minimum and medium
reclusion temporal in its mayor in its medium period. correccionalin its medium periods
medium period. period.

NOTES:

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Criminal Law
 ARTICLE 76. Legal Period of Duration of Divisible Penalties. —
The legal period of duration of divisible penalties shall be
considered as divided into three parts, forming three periods, the
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CODIGO
minimum, the medium, and the maximum in the manner shown in
the following table:
II. REVISED PENAL CODE –
BOOK ONE

5. Application and Graduation of Penalties – TABLE SHOWING THE DURATION OF DIVISIBLE PENALTIES AND
Articles 46, 50-57, 61-65 and 76-77 THE TIME INCLUDED IN EACH OF THEIR PERIODS

Penalties Time included in the Time included in its Time included in its Time included in its
penalty in its entirety minimum period medium period maximum

Reclusion temporal From 12 years and 1 day From 12 years and 1 day From 14 years, 8 months From 17 years, 4 months
to 20 years. to 14 years and 8 and 1 day to 17 years and and 1 day to 20 years.
months. 4 months.

Prision mayor, absolute From 6 years and 1 day From 6 years and 1 day From 8 years and 1 day to From 10 years and 1 day
disqualification and to 12 years. to 8 years. 10 years. to 12 years.
special temporary
disqualification

Prision correccional, From 6 months and 1 day From 6 months and 1 day From 2 years, 4 months From 4 years, 2 months
suspension anddestierro to 6 years. to 2 years and 4 months. and 1 day to 4 years and and 1 day to 6 years.
2 months.

Arresto mayor From 1 month and 1 day From 1 to 2 months. From 2 months and 1 day From 4 months and 1
to months. to 4 months. day to 6 months.

Arresto menor From 1 to 30 days. From 1 to 10 days. From 11 to 20 days. From 21 to 30 days.

ARTICLE 77. When the Penalty is a Complex One Composed of

Three Distinct Penalties. — In cases in which the law prescribes
a penalty composed of three distinct penalties, each one shall
form a period; the lightest of them shall be the minimum, the
next the medium, and the most severe the maximum period.

Whenever the penalty prescribed does not have one of the forms
specially provided for in this book, the periods shall be
distributed, applying by analogy the prescribed rules.

NOTES:

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Criminal Law
 Article 25. Penalties which may be imposed. - The penalties which
may be imposed according to this Code, and their different classes,
are those included in the following:
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Accessory Penalties Art. 39. Subsidiary Penalty. – If the convict has no property
II. REVISED PENAL CODE – Perpetual or temporary absolute disqualification, with which to meet the fine mentioned in paragraph 3 of the
BOOK ONE Perpetual or temporary special disqualification, next preceding article, he shall be subject to a subsidiary
Suspension from public office, the right to vote and be voted for, the
6. Accessory Penalties – Article 25 personal liability at the rate of one day for each amount
profession or calling.
7. Preventive Imprisonment – Article 29, as equivalent to the highest minimum wage rate prevailing in
amended by R.A. No. 10592 Civil interdiction,
8. Subsidiary Penalty – Article 39, as Indemnification, the Philippines at the time of the rendition of judgment of
amended by R.A. No. 10159, sec. 1 Forfeiture or confiscation of instruments and proceeds of the conviction by the trial court, subject to the following rules:
9. Community Service – Article 88a, as
offense,
inserted by R.A. No. 11362, sec. 3; A.M. No.
20-06-14-SC Payment of costs. 1. If the principal penalty imposed be prision correctional or
arresto and fine, he shall remain under confinement until his
ART. 29. Period of preventive imprisonment deducted from term of fine referred in the preceding paragraph is satisfied, but his
imprisonment. – Offenders or accused who have undergone
subsidiary imprisonment shall not exceed one-third of the
preventive imprisonment shall be credited in the service of their
sentence consisting of deprivation of liberty, with the full time during
term of the sentence, and in no case shall it continue for
which they have undergone preventive imprisonment if the detention more than one year, and no fraction or part of a day shall
prisoner agrees voluntarily in writing after being informed of the be counted against the prisoner.
effects thereof and with the assistance of counsel to abide by the
same disciplinary rules imposed upon convicted prisoners, except in 2. When the principal penalty imposed be only a fine, the
the following cases: subsidiary imprisonment shall not exceed six months, if the
culprit shall have been prosecuted for a grave or less grave
1. When they are recidivists, or have been convicted previously twice
felony, and shall not exceed fifteen days, if for a fight
or more times of any crime; and
felony.
2. When upon being summoned for the execution of their sentence
they have failed to surrender voluntarily. 3. When the principal penalty imposed is higher than prision
correctional, no subsidiary imprisonment shall be imposed
If the detention prisoner does not agree to abide by the same upon the culprit.
disciplinary rules imposed upon convicted prisoners, he shall do so in
writing with the assistance of a counsel and shall be credited in the
4. If the principal penalty imposed is not to be executed by
service of his sentence with four-fifths of the time during which he
has undergone preventive imprisonment.
confinement in a penal institution, but such penalty is of
fixed duration, the convict, during the period of time
Credit for preventive imprisonment for the penalty of reclusion established in the preceding rules, shall continue to suffer
perpetua shall be deducted from thirty (30) years. the same deprivations as those of which the principal
penalty consists.
Whenever an accused has undergone preventive imprisonment for a
period equal to the possible maximum imprisonment of the offense
5. The subsidiary personal liability which the convict may
charged to which he may be sentenced and his case is not yet
have suffered by reason of his insolvency shall not relieve
terminated, he shall be released immediately without prejudice to the
continuation of the trial thereof or the proceeding on appeal, if the him from the fine in case his financial circumstances should
same is under review. Computation of preventive imprisonment for improve.
purposes of immediate release under this paragraph shall be the
actual period of detention with good conduct time allowance:
Provided, however, That if the accused is absent without justifiable
cause at any stage of the trial, the court may motu proprio order the
rearrest of the accused: Provided, finally, That recidivists, habitual
delinquents, escapees and persons charged with heinous crimes are
excluded from the coverage of this Act. In case the maximum penalty
to which the accused may be sentenced is lestierro, he shall be
NOTES: released after thirty (30) days of preventive imprisonment.

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Criminal Law
 ART. 88a. Community Service. - The court in the discretion may,
in lieu of service in jail, require that the penalties of arresto
menor and arresto mayor may be served by the defendant by
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rendering community service in the place where the crime was
committed, under such terms as the court shall determine, taking Thus, all judges concerned shall observe these guidelines
II. REVISED PENAL CODE –
into consideration the gravity of offense and the circumstances in allowing rendition of community service in lieu of
BOOK ONE imprisonment in the service of penalty for arresto menor or
of the case, which shall be under the supervision of a probation
6. Accessory Penalties – Article 25 officer: Provided, That the court will prepare an order imposing arresto mayor:
7. Preventive Imprisonment – Article 29, as the community service, specifying the number of hours to be
amended by R.A. No. 10592
8. Subsidiary Penalty – Article 39, as
worked and the period within which to complete the service. The 1. After promulgation of judgment or order where the
amended by R.A. No. 10159, sec. 1 order is then referred to the assigned probation officer who shall imposable penalty for the crime or offense committed by
9. Community Service – Article 88a, as have responsibility of the defendant. the accused is arresto menor or arresto mayor, it shall be
inserted by R.A. No. 11362, sec. 3; A.M. No.
20-06-14-SC the court's duty to inform the accused of and announce in
The defendant shall likewise be required to undergo open court his/her options within fifteen (15) calendar days
rehabilitative counseling under the social welfare and from date of promulgation, to wit: (a) file an appeal; (2)
development office of the city or municipality concerned with the
apply for probation as provided by law; or (3) apply that the
assistance of the Department of Social Welfare and
penalty be served by rendering community service in the
Development (DSWD). In requiring community service, the court
place where the crime was committed. It shall further be
shall consider the welfare of the society and the reasonable
explained to the accused that if he/she chooses to appeal
probability that the person sentenced shall not violate the law
while rendering a public service. the conviction, such resort thereto bars any application for
community service or probation.
Community service shall consist of any actual physical activity
which inculcates civic consciousness, and is intended towards 2. In the event accused opts to apply for community
the improvement of a public work or promotion of a public service, the application must be filed within the period to
service. perfect an appeal. Likewise, said application shall be
resolved within five (5) calendar days from the filing
If the defendant violates the terms of the community service, the thereof. For this purpose, the court should set a hearing to
court shall order his/her re-arrest and the defendant shall serve render or promulgate the ruling on the said application
the full term of the penalty, as the case may be, in jail, or in the within the said period.
house of the defendant as provided under Article 88. However, if
the defendant has fully complied with the terms of the 3. If the accused was required to post bail, pending
community service, the court shall order the release of the
resolution of the application for community service he/she
defendant unless detained for some other offenses.
may also move that he/she be allowed on temporary libe1iy
under the same bond he/she posted or be granted
The privilege of rendering community service in lieu of service in
recognizance as provided for under Section 15, Rule 114 of
jail shall be availed of only once.
the Revised Rules on Criminal Procedure.

4. Upon receipt of the application for community service,

the court shall immediately notify the following officers: (a)
the barangay chairperson or his/her authorized
representative of the barangay where the crime was
committed; (b) a representative from the provincial or city's
Probation Office; and, (c) the local government unit's Social
Welfare Development Officer (SWDO).

The court may resort to electronic service of the notices to

the above officers.

NOTES:

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Criminal Law
 5. The notice shall direct the barangay chairperson or his/her
authorized representative to submit a proposed community
service program for accused on or before the scheduled hearing
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on the application. The SWDO shall also be directed to
recommend a rehabilitative counseling program and schedule for 9. In the event the court needs time to resolve the application,
II. REVISED PENAL CODE –
the accused that shall be incorporated in the barangay's the court shall set the order for promulgation within twenty
BOOK ONE four (24) hours from the hearing thereof and require the
proposal. The following programs of the Parole and Probation
Office in relation to community service may also be considered: presence of accused and his/her counsel, including the
9. Community Service – Article 88a, as
inserted by R.A. No. 11362, sec. 3; A.M. No. representatives from the concerned barangay, city or municipal
20-06-14-SC
a. Mentoring and Intergenerational Service; Probation Office and SWDO.
b. Economic Development;
c. Citizenship and Civic participation-experiential activities which 10. The community service order shall provide for the following:
involve solving community problems; and a. The details of the community service program;
d. Involvement in Crime Prevention projects. b. The specific number of hours to be accomplished and period
within which to complete the service;
6. In assessing the recommendations of the barangay c. The referral of accused to the probation office having
chairperson or his/her authorized representative and SWDO, the jurisdiction over the place where the crime was committed for
court shall take into account that the type of program for supervision;
community service shall (i) consist of actual physical activity d. A statement requiring the concerned probation officer to
which inculcates civic consciousness; (ii) intended towards the provide a final report on the accused's compliance with the
improvement of a public work; or, (iii) promotion of public program within five (5) calendar days from expiration of the
service. period and recommendation for discharge if applicable;
e. A statement requiring the SWDO to submit a report within
7. In exercising the discretion to allow service of penalty through five (5) calendar days after completion of rehabilitative
community service, the following factors may be taken into counseling; and
consideration by the court: f. The imposition of additional conditions as may be warranted
by the circumstances of the case.
a. The gravity of the offense;
b. The circumstances of the case; The community service order shall take effect upon its
c. The welfare of the society; and issuance in open court, at which time, the court shall inform the
d. The reasonable probability that the accused shall not violate accused of the consequences thereof and explain that failure
the law while rendering the service. to comply with the terms or commission of another offense,
he/she shall be re-arrested to serve the full term of the
In no case shall the benefit of the Community Service Law be penalty.
given to the accused more than once. Also, the period for the
community service to be rendered should not be more than the 11. After the period of community service and upon
maximum sentence imposed by law, but not less than one-third consideration of the report and recommendation of the
(1/3) thereof. probation officer and SWDO, the court may order the final
discharge of accused upon finding that he/she has fulfilled the
If the accused has undergone preventive imprisonment, the terms and conditions of his community service and thereupon,
period shall be deducted from the term of community service. the case is deemed terminated. The accused, probation officer
and SWDO shall each be furnished with a copy of such order.
8. The court shall resolve the application for community service
immediately after the hearing thereon. An order granting or 12. If the accused is sentenced with a penalty higher than
denying the application shall not be appealable. Failure of the arresto menor or arresto mayor, and on appeal the penalty was
accused to appear at the said hearing, except for justified lowered to arresto menor or arresto mayor, which became final
reasons, shall be a ground to deny the application and a warrant and executory, the accused may, upon written application with
of arrest shall be issued against the accused. the court of origin, seek community service in lieu of
imprisonment, which may be acted upon subject to the
provisions of these guidelines. With respect hereto, in no case
shall community service be allowed if the defendant is a
NOTES: habitual delinquent.

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Criminal Law
 13. In the event the court denies the application for community
service, and the period to appeal has not yet lapsed, the
accused may still choose to appeal the said judgment or apply
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for probation.
SEC. 4. Duty of the Courts. – For purposes of stability and
II. REVISED PENAL CODE –
14. An accused who has applied and was granted probation in a uniformity, the courts shall use their discretion, in determining
BOOK ONE whether an accused should be deemed an indigent even if the
previous case is not disqualified to apply for community service
in a subsequent case. salary and property requirements are not met. The courts may
9. Community Service – Article 88a, as
inserted by R.A. No. 11362, sec. 3; A.M. No. also consider the capacity of the accused to support not just
20-06-14-SC himself/herself but also his/her family or other people who are
10. Release on Recognizance – R.A. No.
REPUBLIC ACT NO. 10389 dependent on him/her for support and subsistence.
10389

AN ACT INSTITUTIONALIZING RECOGNIZANCE AS A MODE OF Other relevant factors and conditions demonstrating the
GRANTING THE RELEASE OF AN INDIGENT PERSON IN CUSTODY financial incapacity of the accused at the time that he/she is
AS AN ACCUSED IN A CRIMINAL CASE AND FOR OTHER facing charges in court may also be considered by the courts
PURPOSES for the purpose of covering as many individuals belonging to
the marginalized and poor sectors of society.
Be it enacted by the Senate and House of Representatives of the
Philippines in Congress assembled: SEC. 5. Release on Recognizance as a Matter of Right
Guaranteed by the Constitution. – The release on
SECTION 1. Short Title. – This Act shall be known as the recognizance of any person in custody or detention for the
“Recognizance Act of 2012”. commission of an offense is a matter of right when the offense
is not punishable by death, reclusion perpetua, or life
SEC. 2. Statement of Policy. – It is the declared policy of the imprisonment: Provided, That the accused or any person on
State to promote social justice in all phases of national behalf of the accused files the application for such:
development, including the promotion of restorative justice as a
means to address the problems confronting the criminal justice (a) Before or after conviction by the Metropolitan Trial Court,
system such as protracted trials, prolonged resolution of cases, Municipal Trial Court, Municipal Trial Court in Cities and
lack of legal representation, lack of judges, inability to post bail Municipal Circuit Trial Court; and
bond, congestion in jails, and lack of opportunity to reform and (b) Before conviction by the Regional Trial Court: Provided,
rehabilitate offenders. In consonance with the principle of further, That a person in custody for a period equal to or more
presumption of innocence, the 1987 Philippine Constitution than the minimum of the principal penalty prescribed for the
recognizes and guarantees the right to bail or to be released on offense charged, without application of the Indeterminate
recognizance as may be provided by law. In furtherance of this Sentence Law, or any modifying circumstance, shall be
policy, the right of persons, except those charged with crimes released on the person’s recognizance.
punishable by death, reclusion perpetua, or life imprisonment, to
be released on recognizance before conviction by the Regional SEC. 6. Requirements. – The competent court where a criminal
Trial Court, irrespective of whether the case was originally filed case has been filed against a person covered under this Act
in or appealed to it, upon compliance with the requirements of shall, upon motion, order the release of the detained person on
this Act, is hereby affirmed, recognized and guaranteed. recognizance to a qualified custodian: Provided, That all of the
following requirements are complied with:
SEC. 3. Recognizance Defined. – Recognizance is a mode of
securing the release of any person in custody or detention for (a) A sworn declaration by the person in custody of his/her
the commission of an offense who is unable to post bail due to indigency or incapacity either to post a cash bail or proffer any
abject poverty. The court where the case of such person has personal or real property acceptable as sufficient sureties for
been filed shall allow the release of the accused on a bail bond;
recognizance as provided herein, to the custody of a qualified
member of the barangay, city or municipality where the accused (b) A certification issued by the head of the social welfare and
resides. development office of the municipality or city where the
accused actually resides, that the accused is indigent;

NOTES: (c) The person in custody has been arraigned;

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Criminal Law
 (d) The court has notified the city or municipal sanggunian where
the accused resides of the application for recognizance. The
sanggunian shall include in its agenda the notice from the court
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upon receipt and act on the request for comments or opposition
to the application within ten (10) days from receipt of the notice. (f) The court shall notify the public prosecutor of the date of
II. REVISED PENAL CODE –
The action of the sanggunian shall be in the form of a resolution, hearing therefor within twenty-four (24) hours from the filing of
BOOK ONE the application for release on recognizance in favor of the
and shall be duly approved by the mayor, and subject to the
following conditions: accused: Provided, That such hearing shall be held not earlier
10. Release on Recognizance – R.A. No.
10389 than twenty-four (24) hours nor later than forty-eight (48) hours
(1) Any motion for the adoption of a resolution for the purpose of from the receipt of notice by the prosecutor: Provided, further,
this Act duly made before the sanggunian shall he considered as That during said hearing, the prosecutor shall be ready to
an urgent matter and shall take precedence over any other submit the recommendations regarding the application made
business thereof: Provided, That a special session shall be under this Act, wherein no motion for postponement shall be
called to consider such proposed resolution if necessary; entertained.
The resolution of the sanggunian shall include in its resolution a
list of recommended organizations from whose members the SEC. 7. Disqualifications for Release on Recognizance. – Any
court may appoint a custodian. of the following circumstances shall be a valid ground for the
court to disqualify an accused from availing of the benefits
(2) The presiding officer of the sanggunian shall ensure that its provided herein:
secretary shall submit any resolution adopted under this Act
within twenty-four (24) hours from its passage to the mayor who (a) The accused bad made untruthful statements in his/her
shall act on it within the same period of time from receipt sworn affidavit prescribed under Section 5(a);
thereof;
(b) The accused is a recidivist, quasi-recidivist, habitual
(3) If the mayor or any person acting as such, pursuant to law, delinquent, or has committed a crime aggravated by the
fails to act on the said resolution within twenty-four (24) hours circumstance of reiteration;
from receipt thereof, the same shall be deemed to have been
acted upon favorably by the mayor; (c) The accused had been found to have previously escaped
from legal confinement, evaded sentence or has violated the
(4) If the mayor or any person acting as such, pursuant to law, conditions of bail or release on recognizance without valid
disapproves the resolution, the resolution shall be returned justification;
within twenty-four (24) hours from disapproval thereof to the
sanggunian presiding officer or secretary who shall be (d) The accused had previously committed a crime while on
responsible in informing every member thereof that the probation, parole or under conditional pardon;
sanggunian shall meet in special session within twenty-four (24)
hours from receipt of the veto for the sole purpose of (e) The personal circumstances of the accused or nature of the
considering to override the veto made by the mayor. facts surrounding his/her case indicate the probability of flight
if released on recognizance;
For the purpose of this Act, the resolution of the sanggunian of
the municipality or city shall be considered final and not subject (f) There is a great risk that the accused may commit another
to the review of the Sangguniang Panlalawigan, a copy of which crime during the pendency of the case; and
shall be forwarded to the trial court within three (3) days from
date of resolution. (g) The accused has a pending criminal case which has the
same or higher penalty to the new crime he/she is being
(e) The accused shall be properly documented, through such accused of.
processes as, but not limited to, photographic image
reproduction of all sides of the face and fingerprinting: Provided,
That the costs involved for the purpose of this subsection shall
be shouldered by the municipality or city that sought the release
of the accused as provided herein, chargeable to the mandatory
five percent (5%) calamity fund in its budget or to any other
NOTES: available fund in its treasury; and

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Criminal Law
 SEC. 8. Qualifications of the Custodian of the Person Released
on Recognizance. – Except in cases of children in conflict with
the law as provided under Republic Act No. 9344, the custodian
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of the person released on recognizance must have the following
SEC. 11. Arrest of a Person Released on Recognizance. – The court
qualifications:
II. REVISED PENAL CODE – shall order the arrest of the accused, who shall forthwith be placed
BOOK ONE under detention, due to any of the following circumstances:
(a) A person of good repute and probity;
10. Release on Recognizance – R.A. No.
(a) If it finds meritorious a manifestation made under oath by any
10389 (b) A resident of the barangay where the applicant resides; person after a summary healing, giving the accused an opportunity
to be heard;
(c) Must not be a relative of the applicant within the fourth
degree of consanguinity or affinity; and (b) If the accused fails to appear at the trial or whenever required
by the abovementioned court or any other competent court without
(d) Must belong to any of the following sectors and institutions: justification, despite due notice;
church, academe, social welfare, health sector, cause-oriented
groups, charitable organizations or organizations engaged in the (c) If the accused is the subject of a complaint for the commission
rehabilitation of offenders duly accredited by the local social of another offense involving moral turpitude and the public
welfare and development officer. prosecutor or the mayor in the area where the offense is
committed recommends the arrest to the court; or
If no person in the barangay where the applicant resides belongs
(d) If it is shown that the accused committed an act of harassment
to any of the sectors and institutions listed under paragraph (d)
such as, but not limited to, stalking, intimidating or otherwise
above, the custodian of the person released on recognizance
vexing private complainant, prosecutor or witnesses in the case
may be from the qualified residents of the city or municipality pending against the accused: Provided, That upon the issuance by
where the applicant resides. the court of such order, the accused shall likewise become the
proper subject of a citizen’s arrest pursuant to the Rules of Court.
SEC. 9. Duty of the Custodian. – The custodian shall undertake
to guarantee the appearance of the accused whenever required SEC. 12. No Release on Recognizance After Final Judgment or
by the court. The custodian shall be required to execute an Commencement of Sentence; Exception. – The benefits provided
undertaking before the court to produce the accused whenever under this Act shall not be allowed in favor of an accused after the
required. The said undertaking shall be part of the application for judgment has become final or when the accused has started
recognizance. The court shall duly notify, within a reasonable serving the sentence: Provided, That this prohibition shall not apply
period of time, the custodian whenever the presence of the to an accused who is entitled to the benefits of the Probation Law
accussed is required. A penalty of six (6) months to two (2) years if the application for probation is made before the convict starts
imprisonment shall be imposed upon the custodian who failed to serving the sentence imposed, in which case, the court shall allow
the release on recognizance of the convict to the custody of a
deliver or produce the accused before the court, upon due
qualified member of the barangay, city or municipality where the
notice, without justifiable reason.
accused actually resides.

SEC. 10. Role of the Probation Officer. – Upon release of the SEC. 13. Separability Clause. – If any provision of this Act or the
person on recognizance to the custodian, the court shall issue application of such provision to any person or circumstance is
an order directing the Probation Office concerned to monitor and declared invalid, the remainder of this Act or the application of
evaluate the activities of such person. The Probation Office such provision to other persons or circumstances shall not be
concerned shall submit a written report containing its findings affected by such declaration.
and recommendations on the activities of the person released on
recognizance on a monthly basis to determine whether or not the SEC. 14. Repealing Clause. – All laws, decrees and orders or parts
conditions for his/her release have been complied with. The thereof inconsistent herewith are deemed repealed or modified
prosecution including the private complainant, if any, shall be accordingly, unless the same are more beneficial to the accused.
given a copy of such report.
SEC. 15. Effectivity. – This Act shall take effect fifteen (15) days
after its publication in the Official Gazette or in at least two (2)
newspapers of general circulation.

NOTES:

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 ARTICLE 70. Successive Service of Sentences; Exception. —
When the culprit has to serve two or more penalties, he shall
serve them simultaneously if the nature of the penalties will so
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permit; otherwise, said penalties shall be executed successively,
following the order of their respective severity, which shall be REPUBLIC ACT NO. 9346
II. REVISED PENAL CODE –
determined in accordance with the following scale:
BOOK ONE AN ACT PROHIBITING THE IMPOSITION OF DEATH PENALTY IN
1. Death. THE PHILIPPINES
11. Successive Service of Sentence –
Article 70 2. Reclusión perpetua.
12. Three-Fold Rule – Article 70
3. Reclusión temporal. Be it enacted by the Senate and House of Representatives of
13. Indeterminate Sentence Law – Act No.
4. Prisión mayor. Philippines in Congress assembled:
4103, as amended by Act No. 4225 and R.A.
No. 4203, secs. 1-2 5. Prisión correccional.
14. Anti-Death Penalty Law – R.A. No. 9346,
6. Arresto mayor. SECTION 1. The imposition of the penalty of death is hereby
secs. 1-3
7. Arresto menor. prohibited. Accordingly, Republic Act No. Eight Thousand One
15. Pecuniary Liabilities – Article 38
Hundred Seventy-Seven (R.A. No. 8177), otherwise known as
(Note: The specific penalty for each crime
A person sentenced to destierro who is also sentenced to the the Act Designating Death by Lethal Injection is hereby
is not included. The questions will provide
penalty of prisión or arresto shall be required to serve these repealed, Republic Act No. Seven Thousand Six Hundred Fifty-
the prescribed penalties in problems
involving application and graduation of latter penalties before serving the penalty of destierro. Nine (R.A. No. 7659), otherwise known as the Death Penalty
penalties.) Law, and all other laws, executive orders and decrees, insofar
as they impose the death penalty are hereby repealed or
Act No. 4103, as amended by Act No. 4225 amended accordingly.

SEC. 1. - Hereafter, in imposing a prison sentence for an offense SEC. 2. In lieu of the death penalty, the following shall be
punished by the Revised Penal Code, or its amendments, the imposed:
court shall sentence the accused to an indeterminate sentence (a) the penalty of reclusion perpetua, when the law violated
the maximum term of which shall be that which, in view of the makes use of the nomenclature of the penalties of the Revised
attending circumstances, could be properly imposed under the Penal Code; or
rules of the said Code, and to a minimum which shall be within (b) the penalty of life imprisonment, when the law violated
the range of the penalty next lower to that prescribed by the does not make use of the nomenclature of the penalties of the
Code for the offense; and if the offense is punished by any other Revised Penal Code.
law, the court shall sentence the accused to an indeterminate
sentence, the maximum term of which shall not exceed the SEC. 3. Persons convicted of offenses punished with reclusion
maximum fixed by said law and the minimum shall not be less perpetua, or whose sentences will be reduced to reclusion
than the minimum term prescribed by the same. perpetua, by reason of this Act, shall not be eligible for parole
under Act No. 4103, otherwise known as the Indeterminate
SEC. 2. This Act shall not apply to persons convicted of offenses Sentence Law, as amended.
punished with death penalty or life imprisonment; to those
convicted of treason, conspiracy or proposal to commit treason;
to those convicted of misprision of treason, sedition or ARTICLE 38. Pecuniary Liabilities — Order of Payment. — In
espionage; to those convicted of piracy; to those who are case the property of the offender should not be sufficient for
habitual delinquents; to those who shall have escaped from the payment of all his pecuniary liabilities, the same shall be
confinement or evaded sentence; to those who having been met in the following order:
granted conditional pardon by the Chief Executive shall have 1. The reparation of the damage caused.
violated the terms thereof; to those whose maximum term of 2. Indemnification of consequential damages.
imprisonment does not exceed one year; nor to those already 3. The fine.
sentenced by final judgment at the time of approval of this Act 4. The costs of the proceedings.
except as provided in section five hereof.

NOTES:

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Criminal Law
 ARTICLE 89. How Criminal Liability is Totally Extinguished. —
Criminal liability is totally extinguished:

1. By the death of the convict, as to the personal penalties; and as to

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pecuniary penalties, liability therefor is extinguished only when the SEC. 2. Prescription shall begin to run from the day of the
II. REVISED PENAL CODE – death of the offender occurs before final judgment. commission of the violation of the law, and if the same be not
BOOK ONE 2. By service of the sentence. known at the time, from the, discovery thereof and the
3. By amnesty, which completely extinguishes the penalty and all its institution of judicial proceedings for its investigation and
F. Extinction of Criminal Liability
effects. punishment.
1. Total Extinction
a. Death of Convict 4. By absolute pardon.
b. Service of Sentence 5. By prescription of the crime. The prescription shall be interrupted when proceedings are
c. Amnesty 6. By prescription of the penalty.
d. Absolute Pardon instituted against the guilty person, and shall begin to run again
7. By the marriage of the offended woman, as provided in article 344
e. Prescription of Crimes – Article 90; See il the proceedings are dismissed for reasons not constituting
Periods of Prescription for Violations of this Code.
jeopardy.
Penalized by Special Acts – Act No. 3326,
secs. 1-2 ARTICLE 90. Prescription of Crimes. — Crimes punishable by death,
f. Prescription of Penalties – Article 91
reclusión perpetua or reclusión temporal shall prescribe in twenty ARTICLE 91. Computation of Prescription of Offenses. — The
g. Marriage between the Offender and the
years. period of prescription shall commence to run from the day on
Offended Party – Articles 266-C and 344
which the crime is discovered by the offended party, the
Crimes punishable by other afflictive penalties shall prescribe in authorities, or their agents, and shall be interrupted by the
fifteen years. filing of the complaint or information, and shall commence to
run again when such proceedings terminate without the
Those punishable by a correctional penalty shall prescribe in ten accused being convicted or acquitted, or are unjustifiably
years; with the exception of those punishable by arresto mayor, stopped for any reason not imputable to him.
which shall prescribe in five years.
The term of prescription shall not run when the offender is
The crime of libel or other similar offenses shall prescribe in two absent from the Philippine Archipelago.
years.
ART. 266-C. Effect of Pardon. – The subsequent valid marriage
The offenses of oral defamation and slander by deed shall prescribe
between the offender and the offended party shall extinguish
in six months.
the criminal action or the penalty imposed.
Light offenses prescribe in two months.
In case it is the legal husband who is the offender, the
When the penalty fixed by law is a compound one the highest penalty subsequent forgiveness by the wife as the offended party shall
shall be made the basis of the application of the rules contained in extinguish the criminal action or the penalty: Provided, That the
the first, second and third paragraphs of this article. crime shall not be extinguished or the penalty shall not be
abated if the marriage be void ab initio.

ACT NO. 3326 Article 344. Prosecution of the crimes of adultery,

concubinage, seduction, abduction, rape and acts of
AN ACT TO ESTABLISH PERIODS OF PRESCRIPTION FOR lasciviousness. - The crimes of adultery and concubinage shall
VIOLATIONS PENALIZED BY SPECIAL ACTS AND MUNICIPAL not be prosecuted except upon a complaint filed by the
ORDINANCES AND TO PROVIDE WHEN PRESCRIPTION SHALL BEGIN
offended spouse. The offended party cannot institute criminal
TO RUN.
prosecution without including both the guilty parties, if they are
both alive, nor, in any case, if he shall have consented or
SECTION 1. Violations penalized by special acts shall, unless
pardoned the offenders. The offenses of seduction, abduction,
otherwise provided in such acts, prescribe in accordance with the rape or acts of lasciviousness, shall not be prosecuted except
following rules: (a) after a year for offences punished only by a fine upon a complaint filed by the offended party or her parents,
or by imprisonment for not more than one month, or both; (b) after grandparents, or guardian, nor, in any case, if the offender has
four years for those punished by imprisonment for more than one been expressly pardoned by the above named persons, as the
month, but less than two years; (c) after eight years for those case may be.
punished by imprisonment for two years or more, but less than six
NOTES: years; and (d) after twelve years for any other offence punished by
imprisonment for six years or more, except the crime of treason,
which shall prescribe after twenty years. Violations penalized by

Criminal Law
municipal ordinances shall prescribe after two months.
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 SEC. 4. Grant of Probation. — Subject to the provisions of this
Decree, the trial court may, after it shall have convicted and
sentenced a defendant for a probationable penalty and upon
application by said defendant within the period for perfecting an
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appeal, suspend the execution of the sentence and place the SEC. 16. Termination of Probation. — After the period of
II. REVISED PENAL CODE – defendant on probation for such period and upon such terms and probation and upon consideration of the report and
BOOK ONE conditions as it may deem best. recommendation of the probation officer, the court may order
the final discharge of the probationer upon finding that he has
F. Extinction of Criminal Liability
No application for probation shall be entertained or granted if the fulfilled the terms and conditions of his probation and
1. Total Extinction
h. Probation – P.D. No. 968, as amended by defendant has perfected the appeal from the judgment of conviction: thereupon the case is deemed terminated.
R.A. No. 10707, secs. 4, 9 and 16 Provided, That when a judgment of conviction imposing a non-
probationable penalty is appealed or reviewed, and such judgment is
2. Partial Extinction – Article 94, as The final discharge of the probationer shall operate to restore
modified through the imposition of a probationable penalty, the
amended by R.A. No. 10592, secs. 2-5 to him all civil rights lost or suspended as a result of his
a. Conditional Pardon – Article 95; Act No. defendant shall be allowed to apply for probation based on the
conviction and to totally extinguish his criminal liability as to
1524 modified decision before such decision becomes final.
b. Commutation of Sentence – Article 96 the offense for which probation was granted.
The application for probation based on the modified decision shall be
filed in the trial court where the judgment of conviction imposing a The probationer and the probation officer shall each be
non-probationable penalty was rendered, or in the trial court where furnished with a copy of such order.
such case has since been re-raffled. In a case involving several
defendants where some have taken further appeal, the other ART. 94. Partial extinction of criminal liability. – Criminal
defendants may apply for probation by submitting a written liability is extinguished partially:
application and attaching thereto a certified true copy of the 1. By conditional pardon;
judgment of conviction. 2. By commutation of the sentence; and
3. For good conduct allowances which the culprit may earn
The trial court shall, upon receipt of the application filed, suspend while he is undergoing preventive imprisonment or serving his
the execution of the sentence imposed in the judgment. sentence.

This notwithstanding, the accused shall lose the benefit of probation

ARTICLE 95. Obligation Incurred by Person Granted
should he seek a review of the modified decision which already
Conditional Pardon. — Any person who has been granted
imposes a probationable penalty.
conditional pardon shall incur the obligation of complying
Probation may be granted whether the sentence imposes a term of strictly with the conditions imposed therein; otherwise, his non-
imprisonment or a fine only. The filing of the application shall be compliance with any of the conditions specified shall result in
deemed a waiver of the right to appeal. the revocation of the pardon and the provisions of article 159
shall be applied to him.
An order granting or denying probation shall not be appealable.
ARTICLE 159. Other Cases of Evasion of Service of Sentence.
SEC. 9. Disqualified Offenders. — The benefits of this Decree shall — The penalty of prisión correccional in its minimum period
not be extended to those: shall be imposed upon the convict who, having been granted
conditional pardon by the Chief Executive, shall violate any of
a. sentenced to serve a maximum term of imprisonment of more than the conditions of such pardon. However, if the penalty remitted
six (6) years; by the granting of such pardon be higher than six years, the
convict shall then suffer the unexpired portion of his original
b. convicted of any crime against the national security;
sentence.
c. who have previously been convicted by final judgment of an
offense punished by imprisonment of more than six (6) months and
ARTICLE 96. Effect of Commutation of Sentence. — The
one (1) day and/or a fine of more than one thousand pesos commutation of the original sentence for another of a different
(P1,000.00); length and nature shall have the legal effect of substituting the
latter in the place of the former.
d. who have been once on probation under the provisions of this
Decree; and

NOTES: e. who are already serving sentence at the time the substantive
provisions of this Decree became applicable pursuant to Section 33
hereof.

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Criminal Law
 Section 3. Article 97 of the same Act is hereby further amended to read
as follows:

ART. 97. Allowance for good conduct. – The good conduct of any
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offender qualified for credit for preventive imprisonment pursuant to ARTICLE 104. What is Included in Civil Liability. — The civil
Article 29 of this Code, or of any convicted prisoner in any penal
II. REVISED PENAL CODE – liability established in articles 100, 101, 102, and 103, of this
institution, rehabilitation or detention center or any other local jail shall
BOOK ONE Code includes:
entitle him to the following deductions from the period of his sentence:
1. Restitution;
F. Extinction of Criminal Liability
c. Good Conduct Allowances – Article 97, 1. During the first two years of imprisonment, he shall be allowed a 2. Reparation of the damage caused;
as amended by R.A. No. 10592, sec. 3 deduction of twenty days for each month of good behavior during 3. Indemnification for consequential damages.
d. Parole – Act No. 4103, sec. 5 detention;
G. Civil Liability Ex-Delicto ARTICLE 105. Restitution — How Made. — The restitution of
2. During the third to the fifth year, inclusive, of his imprisonment, he shall
1. Primary and Subsidiary the thing itself must be made whenever possible, with
2. Restitution, Reparation, and be allowed a reduction of twenty-three days for each month of good
allowance for any deterioration or diminution of value as
Indemnification – Articles 104-108 behavior during detention;
determined by the court.
3. During the following years until the tenth year, inclusive, of his
imprisonment, he shall be allowed a deduction of twenty-five days for The thing itself shall be restored, even though it be found in
each month of good behavior during detention; the possession of a third person who has acquired it by lawful
means, saving to the latter his action against the proper
4. During the eleventh and successive years of his imprisonment, he shall
person, who may be liable to him.
be allowed a deduction of thirty days for each month of good behavior
during detention; and
This provision is not applicable in cases in which the thing has
5. At any time during the period of imprisonment, he shall be allowed been acquired by the third person in the manner and under the
another deduction of fifteen days, in addition to numbers one to four requirements which, by law, bar an action for its recovery.
hereof, for each month of study, teaching or mentoring service time
rendered. ARTICLE 106. Reparation — How Made. — The court shall
determine the amount of damage, taking into consideration the
An appeal by the accused shall not deprive him of entitlement to the
price of the thing, whenever possible, and its special
above allowances for good conduct.
sentimental value to the injured party, and reparation shall be
ACT NO. 4103 made accordingly.
SEC. 5. It shall be the duty of the Board of Indeterminate Sentence to look
into the physical, mental and moral record of the prisoners who shall be ARTICLE 107. Indemnification — What is Included. —
eligible to parole and to determine the proper time of release of such Indemnification for consequential damages shall include not
prisoners. Whenever any prisoner shall have served the minimum penalty
only those caused the injured party, but also those suffered by
imposed on him, and it shall appear to the Board of Indeterminate
his family or by a third person by reason of the crime.
Sentence, from the reports of the prisoner's work and conduct which may
be received in accordance with the rules and regulations prescribed, and
from the study and investigation made by the Board itself, that such ARTICLE 108. Obligation to Make Restoration, Reparation for
prisoner is fitted by his training for release, that there is a reasonable Damages, or Indemnification for Consequential Damages and
probability that such prisoner will live and remain at liberty without Action to Demand the Same — Upon Whom it Devolves. — The
violating the law, and that such release will not be incompatible with the obligation to make restoration or reparation for damages and
welfare of society, and Board of Indeterminate Sentence may, in its
indemnification for consequential damages devolves upon the
discretion, and in accordance with the rules and regulations adopted
heirs of the person liable.
hereunder, authorize the release of such prisoner on parole, upon such
terms and conditions as are herein prescribed and as may be prescribed
by the Board. The said Board of Indeterminate Sentence shall also The action to demand restoration, reparation, and
examine the records and status of prisoners who shall have been indemnification likewise descends to the heirs of the person
convicted of any offense other than those named in section two hereof, injured.
and been sentenced for more than one year by final judgment prior to the
date on which this Act shall take effect, and shall make recommendations
in all such cases to the Governor-General with regard to the parole of
such prisoners as they shall deem qualified for parole as herein provided,
after they shall have served a period of imprisonment not less than the
minimum period for which they might have been sentenced under this Act
NOTES: for the same offense.

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 ARTICLE 101. Rules Regarding Civil Liability in Certain
Cases. — The exemption from criminal liability established in
subdivisions 1, 2, 3, 5, and 6 of article 12 and in subdivision 4
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of article 11 of this Code does not include exemption from
ARTICLE 110. Several and Subsidiary Liability of Principals,
II. REVISED PENAL CODE –
civil liability, which shall be enforced subject to the following
Accomplices, and Accessories of a Felony — Preference
BOOK ONE rules:
in Payment. — Notwithstanding the provisions of the next
G. Civil Liability Ex-Delicto preceding article, the principals, accomplices, and
First. In cases of subdivisions 1, 2, and 3 of article 12, the
3. Civil Liability of an Offender Exempted accessories, each within their respective class, shall be
from Criminal Liability – Article 101 civil liability for acts committed by an imbecile or insane
4. Share of Each Person Civilly Liable for a liable severally (in solidum) among themselves for their
person, and by a person under nine years of age, or by one
Felony – Article 109 quotas, and subsidiarily for those of the other persons
5. Preference in Payment – Article 110 over nine but under fifteen years of age, who has acted
liable.
6. Persons Who Participated Gratuitously – without discernment, shall devolve upon those having such
Article 111
7. Extinction and Survival of Civil Liability
person under their legal authority or control, unless it
The subsidiary liability shall be enforced, first against the
Ex-Delicto – Articles 112-113 appears that there was no fault or negligence on their part.
property of the principals; next, against that of the
accomplices, and, lastly, against that of the accessories.
Should there be no person having such insane, imbecile or
minor under his authority, legal guardianship, or control, or if
Whenever the liability in solidum or the subsidiary liability
such person be insolvent, said insane, imbecile, or minor
has been enforced, the person by whom payment has been
shall respond with their own property, excepting property
made shall have a right of action against the others for the
exempt from execution, in accordance with the civil law.
amount of their respective shares.

Second. In cases falling within subdivision 4 of article 11, the

ARTICLE 111. Obligation to Make Restitution in Certain
persons for whose benefit the harm has been prevented shall
Cases. — Any person who has participated gratuitously in
be civilly liable in proportion to the benefit which they may
the proceeds of a felony shall be bound to make restitution
have received.
in an amount equivalent to the extent of such participation.

The courts shall determine, in their sound discretion, the

proportionate amount for which each one shall be liable.
Extinction and Survival of Civil Liability

When the respective shares can not be equitably

ARTICLE 112. Extinction of Civil Liability. — Civil liability
determined, even approximately, or when the liability also
established in articles 100, 101, 102, and 103 of this Code
attaches to the Government, or to the majority of the
shall be extinguished in the same manner as other
inhabitants of the town, and, in all events, whenever the
obligations, in accordance with the provisions of the Civil
damage has been caused with the consent of the authorities
Law.
or their agents, indemnification shall be made in the manner
prescribed by special laws or regulations.
ARTICLE 113. Obligation to Satisfy Civil Liability. — Except
in case of extinction of his civil liability as provided in the
Third. In cases falling within subdivisions 5 and 6 of article
next preceding article, the offender shall continue to be
12, the persons using violence or causing the fears shall be
obliged to satisfy the civil liability resulting from the crime
primarily liable and secondarily, or, if there be no such
committed by him, notwithstanding the fact that he has
persons, those doing the act shall be liable, saving always to
served his sentence consisting of deprivation of liberty or
the latter that part of their property exempt from execution.
other rights, or has not been required to serve the same by
reason of amnesty, pardon, commutation of sentence, or
ARTICLE 109. Share of Each Person Civilly Liable. — If there
any other reason.
are two or more persons civilly liable for a felony, the courts
shall determine the amount for which each must respond.

NOTES:

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Criminal Law
 Crimes Against National Security and the Law of Nations
Treason and Espionage
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ARTICLE 114. Treason. — Any Filipino citizen who levies war
against the Philippines or adheres to her enemies, giving them Provoking War and Disloyalty in Case of War
III. REVISED PENAL CODE – BOOK
aid or comfort within the Philippines or elsewhere, shall be
TWO
punished by reclusion perpetua to death and shall pay a fine ARTICLE 118. Inciting to War or Giving Motives for
A. Title One - Crimes Against National not to exceed Four million pesos (P4,000,000). Reprisals. — The penalty of reclusión temporal shall be
Security and the Law of Nations (Articles imposed upon any public officer or employee, and that of
114-123)
No person shall be convicted of treason unless on the prisión mayor upon any private individual, who, by unlawful
testimony of two (2) witnesses at least to the same over act or or unauthorized acts provokes or gives occasion for a war
on confession of the accused in open court. involving or liable to involve the Philippine Islands or
exposes Filipino citizens to reprisals on their persons or
Likewise, an alien, residing in the Philippines, who commits acts property.
of treason as defined in paragraph 1 of this article shall be
punished by reclusion temporal to death and shall pay a fine ARTICLE 119. Violation of Neutrality. — The penalty of
not to exceed Four million pesos (P4, 000,000). prisión correccional shall be inflicted upon anyone who, on
the occasion of a war in which the Government is not
ARTICLE 115. Conspiracy and Proposal to Commit Treason — involved, violates any regulation issued by competent
Penalty. — The conspiracy or proposal to commit the crime of authority for the purpose of enforcing neutrality.
treason shall be punished respectively, by prision mayor and a
fine not exceeding Two million pesos (P2,000,000), and prision ARTICLE 120. Correspondence with Hostile Country. —
correccional and a fine not exceeding One million pesos Any person, who in time of war, shall have correspondence
(P1,000,000). with an enemy country or territory occupied by enemy
troops shall be punished:
ARTICLE 116. Misprision of Treason. — Every person owing
allegiance to the United States or the Government of the
1. By prisión correccional, if the correspondence has been
Philippine Islands, without being a foreigner, and having
prohibited by the Government;
knowledge of any conspiracy against them, who conceals or
does not disclose and make known the same, as soon as
2. By prisión mayor, if such correspondence be carried on
possible to the governor or fiscal of the province, or the mayor
in ciphers or conventional signs; and
or fiscal of the city in which he resides, as the case may be,
shall be punished as an accessory to the crime of treason.
3. By reclusión temporal, if notice or information be given
ARTICLE 117. Espionage. — The penalty of prisión correccional thereby which might be useful to the enemy. If the offender
shall be inflicted upon any person who: intended to aid the enemy by giving such notice or
information, he shall suffer the penalty of reclusión
1. Without authority therefor, enter a warship, fort or naval or temporal to death.
military establishment or reservation to obtain any information,
plans, photographs or other data of a confidential nature ARTICLE 121. Flight to Enemy’s Country. — The penalty of
relative to the defense of the Philippine Archipelago; or arresto mayor shall be inflicted upon any person who,
owing allegiance to the Government, attempts to flee or go
2. Being in possession, by reason of the public office he holds, to an enemy country when prohibited by competent
of the articles, data or information referred to in the preceding authority.
paragraph, discloses their contents to a representative of a
foreign nation.

The penalty next higher in degree shall be imposed if the

offender be a public officer or employee.

NOTES:

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Criminal Law
 Piracy and Mutiny on the High Seas

ARTICLE 122. Piracy in General and Mutiny on the High

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Seas. — The penalty of reclusión perpetua shall be inflicted
(b) Designated Person shall refer to: Any individual, group
III. REVISED PENAL CODE – BOOK
upon any person who, on the high seas, shall attack or seize
of persons, organizations, or associations designated
TWO a vessel or, not being a member of its complement nor a
and/or identified by the United Nations Security Council, or
passenger, shall seize the whole or part of the cargo of said
A. Title One - Crimes Against National another jurisdiction, or supranational jurisdiction as a
vessel, its equipment or personal belongings of its
Security and the Law of Nations (Articles terrorist, one who finances terrorism, or a terrorist
114-123) complement or passengers.
1. Anti-Terrorism Act – R.A. No. 11479, secs. organization or group; or
3-12, 25, 26, 29 and 36
The same penalty shall be inflicted in case of mutiny on the
Any person, organization, association, or group of persons
high seas oi in Philippine waters. (As amended by Sec. 3, RA
designated under paragraph 3 Section 25 of this Act.
7659)
For purposes of this Act, the above definition shall be in
ARTICLE 123. Qualified Piracy. — The penalty of reclusion
addition to the definition of designated persons under
perpetua to death shall be imposed upon those who commit
Section 3(e) of Republic Act No. 10168, otherwise known as
any of the crimes referred to in the preceding article, under
the "Terrorism Financing Prevention and Suppression Act of
any of the following circumstances:
2012".

1. Whenever they have seized a vessel by boarding or firing

(c) Extraordinary Rendition shall refer to the transfer of a
upon the same;
person, suspected of being a terrorist or supporter of a
terrorist organization, association, or group of persons to a
2. Whenever the pirates have abandoned their victims
foreign nation for imprisonment and interrogation on behalf
without means of saving themselves or;
of the transferring nation. The extraordinary rendition may
be done without framing any formal charges, trial, or
3. Whenever the crime is accompanied by murder, homicide,
approval of the court.
physical injuries or rape.
(d) International Organization shall refer to an organization
established by a treaty or other instrument governed by
REPUBLIC ACT NO. 11479, July 03, 2020
international law and possessing its own international legal
personality;
AN ACT TO PREVENT, PROHIBIT AND PENALIZE TERRORISM,
THEREBY REPEALING REPUBLIC ACT NO. 9372, OTHERWISE
(e) Material Support shall refer to any property, tangible or
KNOWN AS THE "HUMAN SECURITY ACT OF 2007
intangible, or service, including currency or monetary
instruments or financial securities, financial services,
Section 3. Definition of Terms. - as used in this Act:
lodging, training, expert advice or assistance, safe houses,
(a) Critical Infrastructure shall refer to an asset or system,
false documentation or identification, communications
whether physical or virtual, so essential to the maintenance
equipment, facilities, weapons, lethal substances,
of vital societal functions or to the delivery of essential
explosives, personnel (one or more individuals who may be
public services that the incapacity or destruction of such
or include oneself), and transportation;
systems and assets would have a debilitating impact on
national defense and security, national economy, public
(f) Proliferation of Weapons of Mass Destruction shall refer
health or safety, there administration of justice, and other
to the transfer and export of chemical, biological,
functions analogous thereto. It may include, but is not limited
radiological, or nuclear weapons, their means of delivery
to, an asset or system affecting telecommunications, water
and related materials;
and energy supply, emergency services, food security, fuel
supply, banking and finance, transportation, radio and
television, information systems and technology, chemical
NOTES: and nuclear sectors;

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Criminal Law
 (g) Proposal to Commit Terrorism is committed when a
person who has decided to commit any of the crimes defined
and penalized under the provisions of this Act proposes its
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execution to some other person or persons;
Section 4. Terrorism.- Subject to Section 49 of this Act,
III. REVISED PENAL CODE – BOOK terrorism is committed by any person who, within or outside
TWO (h) Recruit shall refer to any act to encourage other people
the Philippines, regardless of the stage of execution:
to join a terrorist individual or organization, association or
A. Title One - Crimes Against National
group of persons proscribed under Section 26 of this Act, or
Security and the Law of Nations (Articles (a) Engages in acts intended to cause death or serious
114-123) designated by the United Nations Security Council as a
1. Anti-Terrorism Act – R.A. No. 11479, secs. bodily injury to any person, or endangers a person's life;
terrorist organization, or organized for the purposed of
3-12, 25, 26, 29 and 36
engaging in terrorism;
(b) Engages in acts intended to cause extensive damage or
destruction to a government or public facility, public place
(i) Surveillance Activities shall refer to the act of tracking
or private property;
down, following, or investigating individual or organizations;
or the tapping, listening, intercepting, and recording of
(c) Engages in acts intended to cause extensive
messages, conversations, discussions, spoken or written
interference with, damage or destruction to critical
words including computer and network surveillance, and
infrastructure;
other communications of individuals engaged in terrorism as
defined hereunder;
(d) Develops, manufactures, possesses, acquires,
transports, supplies or uses weapons, explosives or of
(j) Supranational Jurisdiction shall refer to an international
biological, nuclear, radiological or chemical weapons; and
organization or union in which the power and influence of
member states transcend national boundaries or interests to
(e) Release of dangerous substances, or causing fire,
share in decision-making and vote on issues concerning the
floods or explosions.
collective body , i.e. the European Union;
When the purpose of such act, by its nature and context, is
(k) Training shall refer to the giving of instruction or teaching
to intimidate the general public or a segment thereof,
designed to impart a specific skill in relation to terrorism as
create an atmosphere or spread a message of fear, to
defined hereunder, as opposed to general knowledge;
provoke or influence by intimidation the government or any
international organization, or seriously destabilize or
(l) Terrorist Individual shall refer to any natural person who
destroy the fundamental political, economic, or social
commits any of the acts defined and penalized under
structures of the country, or create a public emergency or
Sections 4, 5, 6, 7, 8, 9, 10, 11, and 12 of this Act;
seriously undermine public safety, shall be guilty of
committing terrorism and shall suffer the penalty of life
(m) Terrorist Organization, Association or Group of Persons
imprisonment without the benefit of parole and the benefits
shall refer to any entity organized for the purpose of
of Republic Act No. 10592, otherwise known as "An Act
engaging in terrorism, or those proscribe under Section 26
Amending Articles 29, 94, 97, 98 and 99 of Act No. 3815,
hereof of the United Nations Security Council-designated
as amended, otherwise known as the Revised Penal Code".
terrorist organization; and
Provided, That, terrorism as defined in this section shall not
include advocacy, protest, dissent, stoppage of work,
(n) Weapons of Mass Destruction (WMD) shall refer to
industrial or mass action, and other similar exercises of
chemical, biological, radiological, or nuclear weapons which
civil and political rights, which are not intended to cause
are capable of a high order of destruction or causing mass
death or serious physical harm to a person, to endanger a
casualties. It excludes the means of transporting or
person's life, or to create a serious risk to public safety.
propelling the weapon where such means is a separable and
divisible part from the weapon.

NOTES:

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 Section 5. Threat to Commit Terrorism.- Any person who
shall threaten to commit any of the acts mentioned in
Section 4 hereof shall suffer the penalty of imprisonment of
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twelve (12) years.
The same penalty shall be imposed on any person who
III. REVISED PENAL CODE – BOOK organizes or facilitates the travel of individuals to a state
TWO Section 6. Planning, Training, Preparing, and facilitating the
other than their state of residence or nationality for the
Commission of Terrorism.- it shall be unlawful for any person
A. Title One - Crimes Against National purpose of recruitment which may be committed through
to participate in the planning, training, preparation and
Security and the Law of Nations (Articles any of the following means:
114-123) facilitation in the commission of terrorism, possessing
1. Anti-Terrorism Act – R.A. No. 11479, secs. objects connected with the preparation for the commission
3-12, 25, 26, 29 and 36 (a) Recruiting another person to serve in any capacity in or
of terrorism, or collecting or making documents connected
with an armed force in a foreign state, whether the armed
with the preparation of terrorism. Any person found guilty of
force forms part of the armed forces of the government of
the provisions of this Act shall suffer the penalty of life
that foreign state or otherwise;
imprisonment without the benefit of parole and the benefits
of Republic Act No. 10592.
(b) Publishing an advertisement or propaganda for the
purpose of recruiting persons to serve in any capacity in or
Section 7. Conspiracy to Commit Terrorism.- Any conspiracy
with such armed force;
to commit terrorism as defined and penalized under Section
4 of this Act shall suffer the penalty of life imprisonment
(c) Publishing an advertisement or propaganda containing
without the benefit of parole and the benefit of Republic Act
any information relating to the place at which or the manner
No. 10592.
in which persons may make applications to serve or obtain
information relating to service in any capacity in or with
There is conspiracy when two (2) or more persons come to
such armed force or relating to the manner in which
an agreement concerning the commission of terrorism as
persons may travel to a foreign state for the purpose of
defined in Section 4 hereof and decide to commit the same.
serving in any capacity in or with such armed force; or

Section 8. Proposal to Commit Terrorism.- Any person who

(d) Performing any other act with intention of facilitating or
proposes to commit terrorism as defined in section 4 hereof
promoting the recruitment of persons to serve in any
shall suffer the penalty of imprisonment of twelve (12) years.
capacity in or with such armed force.

Section 9. Inciting to Commit Terrorism.- Any person who

Any person who shall voluntarily and knowingly join any
without taking any direct part in the commission of terrorism,
organization, association or group of persons knowing that
shall include others to the execution of any of the acts
such organization, association or group of persons is
specified in Section 4 hereof by means of speeches,
proscribed under Section 26 of this Act, or designated by
proclamations, writings, emblems, banners or other
the United Nations Security Council as a terrorist
representations tending to the same end, shall suffer the
organization, or organized for the purpose of engaging in
penalty of imprisonment of twelve (12) years.
terrorism, shall suffer the penalty of imprisonment of
twelve (12) years.
Section 10. Recruitment to and Membership in a Terrorist
Organization.- Any person who shall recruit another to
Section 11. Foreign Terrorist.- The following acts are
participate in, join, commit or support terrorism or a terrorist
unlawful and shall suffer the penalty of life imprisonment
individual or any terrorist organization, association or group
without the benefit of parole and the benefits of Republic
of persons proscribed under Section 26 of this Act, or
Act No. 10592:
designated by the United Nations Security Council as a
terrorist organization, or organized for the purpose of
(a) For any person to travel or attempt to travel to a state
engaging in terrorism, shall suffer the penalty of life
other than his/her state of residence or nationality for the
imprisonment without the benefit of parole and the benefits
purpose of perpetrating, planning, or preparing for, or
of Republic Act No. 10592.
participating in terrorism, or providing or receiving terrorist
NOTES:
training;

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Criminal Law
 (b) For any person to organize or facilitate the travel of
individuals who travel to a state other than their states of
residence or nationality knowing that such travel is for the
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purpose of perpetrating, planning, training, or preparing for,
The assets of the designated individual, groups of persons,
III. REVISED PENAL CODE – BOOK
or participating in terrorism or providing or receiving terrorist
organization or association above-mentioned shall be
TWO training; or
subject to the authority of the Anti-Money Laundering
A. Title One - Crimes Against National Council (AMLC) to freeze pursuant to Section 11 of Republic
(c) For any person residing abroad who comes to the
Security and the Law of Nations (Articles Act No. 10168.
114-123) Philippines to participate in perpetrating, planning, training,
1. Anti-Terrorism Act – R.A. No. 11479, secs. or preparing for, or participating in terrorism or provide
3-12, 25, 26, 29 and 36 The designation shall be without prejudice to the
support for or facilitate or receive terrorist training here or
proscription of terrorist organizations, associations, or
abroad.
groups of persons under Section 26 of this Act.

Section 12. Providing Material Support to Terrorists.- Any

Section 26. Proscription of Terrorist Organizations,
person who provides material support to any terrorist
Association, or Group of Persons.- Any group of persons,
individual or terrorist organization, association or group of
organization, or association, which commits any of the acts
persons committing any of the acts punishable under Section
defined and penalized under Sections 4, 5, 6, 7, 8, 9, 10, 11
4 hereof, knowing that such individual or organization,
and 12 of this Act, or organized for the purpose of engaging
association, or group of persons is committing or planning to
in terrorism shall, upon application of the DOJ before the
commit such acts, shall be liable as principal to any and all
authorizing division of the Court of Appeals with due notice
terrorist activities committed by said individuals or
and opportunity to be heard given to the group of persons,
organizations, in addition to other criminal liabilities he/she
organization or association, be declared as a terrorist and
or they may have incurred in relation thereto.
outlawed group of persons, and organization or
association, by the said Court.
Section 25. Designation of Terrorist Individual, Groups of
The application shall be filed with an urgent prayer for the
Persons, Organizations or Associations.- Pursuant to our
issuance of a preliminary order or proscription. No
obligations under United Nations Security Council Resolution
application for proscription shall be filed without the
(UNSCR) No. 1373, the ATC shall automatically adopt the
authority of the ATC upon the recommendation of the
United Nations Security Council Consolidated List of
National Intelligence Coordinating Agency (NICA).
designated individuals, group of persons, organizations, or
associations designated and/or identified as a terrorist, one
Section 29. Detention Without Judicial Warrant of Arrest. -
who finances terrorism, or a terrorist organization or group.
The provisions of Article 125 of the revised Penal Code to
the contrary notwithstanding, any law enforcement agent or
Request for designation by other jurisdictions of
military personnel, who, having been duly authorized in
supranational jurisdictions may be adopted by the ATC after
writing by the ATC has taken custody of a person
determination that the proposed designee meets the criteria
suspected of committing any of the acts defined and
for designation of UNSCR No. 1373.
penalized under Sections 4, 5, 6, 7, 8, 9, 10, 11 and 12 of
this Act, shall, without incurring any criminal liability for
The ATC may designate an individual, groups of persons,
delay in the delivery of detained persons to the proper
organization, or association, whether domestic or foreign,
judicial authorities, deliver said suspected person to the
upon a finding of probable cause that the individual, groups
proper judicial authority within a period of fourteen (14)
of persons, organization, or association commit, or attempt
calendar days counted from the moment the said
to commit, or conspire in the commission of the acts defined
suspected person has been apprehended or arrested,
and penalized under Sections 4, 5, 6, 7, 8, 9, 10, 11 and 12 of
detained, and taken into custody by the law enforcement
this Act.
agent or military personnel.

NOTES:

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 The period of detention may be extended to a maximum
period of (10) calendar days if it is established that (1) further
detention of the person/s is necessary to preserve evidence
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related to terrorism or complete the investigation; (2) further
The freeze order shall be effective for a period not
III. REVISED PENAL CODE – BOOK
detention of the person/s is necessary to prevent the
exceeding twenty (20) days. Upon a petition filed by the
TWO commission of another terrorism; and (3) the investigation is
AMLC before the expiration of the period, the effectivity of
being conducted properly and without delay.
A. Title One - Crimes Against National the freeze order may be extended up to a period not
Security and the Law of Nations (Articles exceeding six (6) months upon order of the Court of
114-123) Immediately after taking custody of a person suspected of
Appeals: Provided, That, the twenty-day period shall be
committing terrorism or any member of a group of persons,
1. Anti-Terrorism Act – R.A. No. 11479, secs. tolled upon filing of a petition to extend the effectivity of
3-12, 25, 26, 29 and 36 organization or association proscribed under Section 26
the freeze order.
hereof, the law enforcement agent or military personnel shall
notify in writing the judge of the court nearest the place of
Notwithstanding the preceding paragraphs, the AMLC,
NOTES: apprehension or arrest of the following facts: (a) the time,
consistent with the Philippines international obligations,
date, and manner of arrest; (b) the location or locations of
shall be authorized to issue a freeze order with respect to
the detained suspect/s and (c) the physical and mental
property or funds of a designated organization, association,
condition of the detained suspect/s. The law enforcement
group or any individual to comply with binding terrorism-
agent or military personnel shall likewise furnish the ATC and
related resolutions, including UNSCR No. 1373 pursuant to
the Commission on Human Rights (CHR) of the written notice
Article 41 of the charter of the UN. Said freeze order shall
given to the judge.
be effective until the basis for the issuance thereof shall
have been lifted. During the effectivity of the freeze order,
The head of the detaining facility shall ensure that the
an aggrieved party may, within twenty (20) days from
detained suspect is informed of his/her rights as a detainee
issuance, file with the Court of Appeals a petition to
and shall ensure access to the detainee by his/her counsel
determine the basis of the freeze order according to the
or agencies and entities authorized by law to exercise
principle of effective judicial protection: Provided, That the
visitorial powers over detention facilities.
person whose property or funds have been frozen may
withdraw such sums as the AMLC determines to be
The penalty of imprisonment of ten (10) years shall be
reasonably needed for monthly family needs and
imposed upon the police or law enforcement agent or
sustenance including the services of counsel and the family
military personnel who fails to notify any judge as provided in
medical needs of such person.
the preceding paragraph.
However, if the property or funds subject of the freeze
Section 36. Authority to Freeze. - Upon the issuance by the
order under the immediately preceding paragraph are found
court of a preliminary order of proscription or in case of
to be in any way related to financing of terrorism as defined
designation under Section 25 of this Act, the AMLC, either
and penalized under Republic Act No. 10168, or any
upon its own initiative or request of the ATC, is hereby
violation of Sections 4, 5, 6, 7, 8, 9, 10, 11 or 12 of this Act
authorized to issue an ex parte order to freeze without delay:
committed within the jurisdiction of the Philippines, said
(a) any property or funds that are in any way related to
property or funds shall be the subject of civil forfeiture
financing of terrorism as defined and penalized under
proceedings as provided under Republic Act No. 10168.
Republic Act No. 101168, or any violation of Sections 4, 5, 6,
7, 8, 9, 10, 11 or 12 of this Act ; and (b) property or funds of
any person or persons in relation to whom there is probable
cause to believe that such person or persons are committing
or attempting or conspiring to commit, or participating in or
facilitating the financing of the aforementioned sections of
this Act.

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 REPUBLIC ACT NO. 10168

AN ACT DEFINING THE CRIME OF FINANCING OF

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TERRORISM, PROVIDING PENALTIES THEREFOR AND FOR
There is conspiracy to commit the offenses punishable under
OTHER PURPOSES
III. REVISED PENAL CODE – BOOK Sections 4 and 8 of this Act when two (2) or more persons
TWO come to an agreement concerning the commission of such
A. Title One - Crimes Against National offenses and decided to commit it.
Security and the Law of Nations (Articles
SEC. 4. Financing of Terrorism. – Any person who, directly or
114-123) indirectly, willfully and without lawful excuse, possesses, SEC. 6. Accomplice. – Any person who, not being a principal
provides, collects or uses property or funds or makes under Article 17 of the Revised Penal Code or a conspirator
2. Terrorism Financing Prevention and
Suppression Act – R.A. No. 10168, secs. 4-9, available property, funds or financial service or other related as defined in Section 5 hereof, cooperates in the execution
17 and 19 services, by any means, with the unlawful and willful intention of either the crime of financing of terrorism or conspiracy to
that they should be used or with the knowledge that they are commit the crime of financing of terrorism by previous or
to be used, in full or in part: simultaneous acts shall suffer the penalty one degree lower
NOTES: than that prescribed for the conspirator.
(a) to carry out or facilitate the commission of any terrorist
act; SEC. 7. Accessory. – Any person who, having knowledge of
(b) by a terrorist organization, association or group; or the commission of the crime of financing of terrorism but
(c) by an individual terrorist, shall be guilty of the crime of without having participated therein as a principal, takes part
financing of terrorism and shall suffer the penalty of subsequent to its commission, by profiting from it or by
reclusion temporal in its maximum period to reclusion assisting the principal or principals to profit by the effects of
perpetua and a fine of not less than Five hundred thousand the crime, or by concealing or destroying the effects of the
pesos (Php500,000.00) nor more than One million pesos crime in order to prevent its discovery, or by harboring,
(Php1,000,000.00). concealing or assisting in the escape of a principal of the
crime shall be guilty as an accessory to the crime of
Any person who organizes or directs others to commit financing of terrorism and shall be imposed a penalty two
financing of terrorism under the immediately preceding degrees lower than that prescribed for principals in the
paragraph shall likewise be guilty of an offense and shall crime of financing terrorism.
suffer the same penalty as herein prescribed.
SEC. 8. Prohibition Against Dealing with Property or Funds
For purposes of this Act, knowledge or intent may be of Designated Persons. – Any person who, not being an
established by direct evidence or inferred from the attendant accomplice under Section 6 or accessory under Section 7 in
circumstances. relation to any property or fund:

For an act to constitute a crime under this Act, it shall not be (i) deals directly or indirectly, in any way and by any means,
necessary that the funds were actually used to carry out a with any property or fund that he knows or has reasonable
crime referred to in Section 3(j). ground to believe is owned or controlled by a designated
person, organization, association or group of persons,
SEC. 5. Attempt or Conspiracy to Commit the Crimes of including funds derived or generated from property or funds
owned or controlled, directly or indirectly, by a designated
Financing of Terrorism and Dealing with Property or Funds
person, organization, association or group of persons; or
of Designated Persons. – Any attempt to commit any crime
under Section 4 or Section 8 under this Act shall be
(ii) makes available any property or funds, or financial
penalized by a penalty two degrees lower than that
services or other related services to a designated and/or
prescribed for the commission of the same as provided
identified person, organization, association, or group of
under this Act.
persons, shall suffer the penalty of reclusion temporal in its
maximum period to reclusion perpetua and a fine of not less
Any conspiracy to commit any crime under Section 4 or
than Five hundred thousand pesos (Php500,000.00) nor more
Section 8 of this Act shall be penalized by the same penalty
than One million pesos (Php1,000,000.00).
prescribed for the commission of such crime under the said
sections.

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 SEC. 9. Offense by a Juridical Person, Corporate Body or
Alien. – If the offender is a corporation, association,
partnership or any juridical person, the penalty shall be
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imposed upon the responsible officers, as the case may be,
The provisions of this Act shall likewise apply to a Filipino
III. REVISED PENAL CODE – BOOK
who participated in, or allowed by their gross negligence, the
national who, although outside the territorial jurisdiction of
TWO commission of the crime or who shall have knowingly
the Philippines, commit, conspire or plot to commit any of
permitted or failed to prevent its commission. If the offender
A. Title One - Crimes Against National the crimes defined and punished in this Act.
Security and the Law of Nations (Articles
is a juridical person, the court may suspend or revoke its
114-123) license. If the offender is an alien, the alien shall, in addition
In case of an alien whose extradition is requested pursuant
to the penalties herein prescribed, be deported without
2. Terrorism Financing Prevention and to the International Convention for the Suppression of the
Suppression Act – R.A. No. 10168, secs. 4-9, further proceedings after serving the penalties herein
Financing of Terrorism, and that alien is not extradited to
17 and 19 prescribed.
the requesting State, the Republic of the Philippines,
3. Anti-Piracy and Anti-Highway Robbery without exception whatsoever and whether or not the
Law – P.D. No. 532, secs. 2-4 SEC. 17. Predicate Offense to Money Laundering. –
offense was committed in the Philippines, shall submit the
Financing of terrorism under Section 4 and offenses
NOTES: case without undue delay to the Department of Justice for
punishable under Sections 5, 6, and 7 of this Act shall be
the purpose of prosecution in the same manner as if the act
predicate offenses to money laundering as defined in
constituting the offense had been committed in the
Republic Act No. 9160, otherwise known as the “Anti-Money
Philippines, in which case, the courts of the Philippines
Laundering Act of 2001”, as amended, and subject to its
shall have jurisdiction over the offense.
suspicious transaction reporting requirement.

SEC. 19. Extra-Territorial Application of this Act. – Subject

PRESIDENTIAL DECREE No. 532
to the provision of an existing treaty, including the
International Convention for the Suppression of the Financing
ANTI-PIRACY AND ANTI-HIGHWAY ROBBERY LAW OF 1974
of Terrorism of which the Philippines is a State Party, and to
any contrary provision of any law of preferential application,
Section 2. Definition of Terms. The following terms shall
the criminal provisions of this Act shall apply:
mean and be understood, as follows:

(a) to individual persons who, although physically outside the

a. Philippine Waters. It shall refer to all bodies of water,
territorial limits of the Philippines, commit, conspire or plot
such as but not limited to, seas, gulfs, bays around,
to commit any of the crimes defined and punished in this Act
between and connecting each of the Islands of the
inside the territorial limits of the Philippines;
Philippine Archipelago, irrespective of its depth, breadth,
length or dimension, and all other waters belonging to the
(b) to individual persons who, although physically outside the
Philippines by historic or legal title, including territorial sea,
territorial limits of the Philippines, commit any of the said
the sea-bed, the insular shelves, and other submarine areas
crimes on board Philippine ship or Philippine airship;
over which the Philippines has sovereignty or jurisdiction.

(c) to individual persons who commit any of said crimes

b. Vessel. Any vessel or watercraft used for transport of
within any embassy, consulate, or diplomatic premises
passengers and cargo from one place to another through
belonging to or occupied by the Philippine government in an
Philippine Waters. It shall include all kinds and types of
official capacity;
vessels or boats used in fishing.

(d) to individual persons who, although physically outside the

c. Philippine Highway. It shall refer to any road, street,
territorial limits of the Philippines, commit said crimes
passage, highway and bridges or other parts thereof, or
against Philippine citizens or persons of Philippine descent,
railway or railroad within the Philippines used by persons,
where their citizenship or ethnicity was a factor in the
or vehicles, or locomotives or trains for the movement or
commission of the crime; and
circulation of persons or transportation of goods, articles,
or property or both.
(e) to individual persons who, although physically outside the
territorial limits of the Philippines, commit said crimes

Criminal Law
directly against the Philippine government.
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 d. Piracy. Any attack upon or seizure of any vessel, or the taking
away of the whole or part thereof or its cargo, equipment, or the
personal belongings of its complement or passengers,
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irrespective of the value thereof, by means of violence against or
intimidation of persons or force upon things, committed by any REPUBLIC ACT NO. 9851
III. REVISED PENAL CODE – BOOK
person, including a passenger or member of the complement of
TWO
said vessel, in Philippine waters, shall be considered as piracy. AN ACT DEFINING AND PENALIZING CRIMES AGAINST
A. Title One - Crimes Against National The offenders shall be considered as pirates and punished as INTERNATIONAL HUMANITARIAN LAW, GENOCIDE AND
Security and the Law of Nations (Articles hereinafter provided. OTHER CRIMES AGAINST HUMANITY, ORGANIZING
114-123)
JURISDICTION, DESIGNATING SPECIAL COURTS, AND FOR
3. Anti-Piracy and Anti-Highway Robbery e. Highway Robbery/Brigandage. The seizure of any person for RELATED PURPOSES
Law – P.D. No. 532, secs. 2-4 ransom, extortion or other unlawful purposes, or the taking away
4. Philippine Act on Crimes Against
of the property of another by means of violence against or SEC. 3. For purposes of this Act, the term:
International Humanitarian Law, Genocide intimidation of person or force upon things of other unlawful
and Other Crimes Against Humanity – R.A. means, committed by any person on any Philippine Highway.
No. 9851, secs. 3-6, 10-12 and 17 (a) “Apartheid” means inhumane acts committed in the
context of an institutionalized regime of systematic
Section 3. Penalties. Any person who commits piracy or highway
oppression and domination by one racial group or groups
NOTES: robbery/brigandage as herein defined, shall, upon conviction by
and committed with the intention of maintaining that
competents court be punished by:
regime.
a. Piracy. The penalty of reclusion temporal in its medium and
maximum periods shall be imposed. If physical injuries or other (b) “Arbitrary deportation or forcible transfer of population”
crimes are committed as a result or on the occasion thereof, the means forced displacement of the persons concerned by
penalty of reclusion perpetua shall be imposed. If rape, murder expulsion or other coercive acts from the area in which
or homicide is committed as a result or on the occasion of they are lawfully present, without grounds permitted under
piracy, or when the offenders abandoned the victims without domestic or international law.
means of saving themselves, or when the seizure is
accomplished by firing upon or boarding a vessel, the mandatory (c) “Armed conflict” means any use of force or armed
penalty of death shall be imposed. violence between States or a protracted armed violence
between governmental authorities and organized armed
b. Highway Robbery/Brigandage. The penalty of reclusion groups or between such groups within a State: Provided,
temporal in its minimum period shall be imposed. If physical
That such force or armed violence gives rise, or may give
injuries or other crimes are committed during or on the occasion
rise, to a situation to which the Geneva Conventions of 12
of the commission of robbery or brigandage, the penalty of
August 1949, including their common Article 3, apply.
reclusion temporal in its medium and maximum periods shall be
Armed conflict may be international, that is, between two
imposed. If kidnapping for ransom or extortion, or murder or
homicide, or rape is committed as a result or on the occasion (2) or more States, including belligerent occupation; or
thereof, the penalty of death shall be imposed. non-international, that is, between governmental authorities
and organized armed groups or between such groups within
Section 4. Aiding pirates or highway robbers/brigands or a State. It does not cover internal disturbances or tensions
abetting piracy or highway robbery/brigandage. Any person who such as riots, isolated and sporadic acts of violence or
knowingly and in any manner aids or protects pirates or highway other acts of a similar nature.
robbers/brigands, such as giving them information about the
movement of police or other peace officers of the government, (d) “Armed forces” means all organized armed forces,
or acquires or receives property taken by such pirates or groups and units that belong to a party to an armed conflict
brigands or in any manner derives any benefit therefrom; or any which are under a command responsible to that party for
person who directly or indirectly abets the commission of piracy the conduct of its subordinates. Such armed forces shall
or highway robbery or brigandage, shall be considered as an be subject to an internal disciplinary system which
accomplice of the principal offenders and be punished in
enforces compliance with International Humanitarian Law.
accordance with the Rules prescribed by the Revised Penal
Code.
It shall be presumed that any person who does any of the acts
provided in this Section has performed knowingly, unless the
contrary is proven.
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 (e) “Attack directed against any civilian population” means a
course of conduct involving the multiple commission of acts
referred to in Section 6 of this Act against any civilian
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population, pursuant to or in furtherance of a State or
organizational policy to commit such attack. (3) no acts of hostility must have been committed by the
III. REVISED PENAL CODE – BOOK authorities or by the population; and
TWO
(f) “Effective command and control” or “effective authority and (4) no activities in support of military operations must have
A. Title One - Crimes Against National control” means having the material ability to prevent and punish been undertaken.
Security and the Law of Nations (Articles the commission of offences by subordinates.
114-123)
(n) “No quarter will be given” means refusing to spare the
4. Philippine Act on Crimes Against (g) “Enforced or involuntary disappearance of persons” means life of anybody, even of persons manifestly unable to
International Humanitarian Law, Genocide the arrest, detention, or abduction of persons by, or with the defend themselves or who clearly express their intention to
and Other Crimes Against Humanity – R.A.
No. 9851, secs. 3-6, 10-12 and 17
authorization, support or acquiescence of, a State or a political surrender.
organization followed by a refusal to acknowledge that
deprivation of freedom or to give information on the fate or
(o) “Perfidy” means acts which invite the confidence of an
whereabouts of those persons, with the intention of removing
adversary to lead him/her to believe he/she is entitled to,
them from the protection of the law for a prolonged period of
or is obliged to accord, protection under the rules of
NOTES: time.
International Humanitarian Law, with the intent to betray
(h) “Enslavement” means the exercise of any or all of the powers that confidence, including but not limited to:
attaching to the right of ownership over a person and includes (1) feigning an intent to negotiate under a flag of truce;
the exercise of such power in the course of trafficking in (2) feigning surrender;
persons, in particular women and children. (3) feigning incapacitation by wounds or sickness;
(4) feigning civilian or noncombatant status; and
(i) “Extermination” means the intentional infliction of conditions (5) feigning protective status by use of signs, emblems or
of life, inter alia, the deprivation of access to food and medicine, uniforms of the United Nations or of a neutral or other State
calculated to bring about the destruction of a part of a not party to the conflict.
population.
(p) “Persecution” means the intentional and severe
(j) “Forced pregnancy” means the unlawful confinement of a deprivation of fundamental rights contrary to international
woman to be forcibly made pregnant, with the intent of affecting law by reason of identity of the group or collectivity.
the ethnic composition of any population or carrying out other
grave violations of international law.
(q) “Protected person” in an armed conflict means:
(1) a person wounded, sick or shipwrecked, whether civilian
(k) “Hors de combat” means a person who:
or military;
(1) is in the power of an adverse party;
(2) has clearly expressed an intention to surrender; or (2) a prisoner of war or any person deprived of liberty for
(3) has been rendered unconscious or otherwise incapacitated reasons related to an armed conflict;
by wounds or sickness and therefore is incapable of defending (3) a civilian or any person not taking a direct part or having
himself: Provided, That in any of these cases, the person ceased to take part in the hostilities in the power of the
abstains from any hostile act and does not attempt to escape. adverse party;
(4) a person who, before the beginning of hostilities, was
(l) “Military necessity” means the necessity of employing considered a stateless person or refugee under the
measures which are indispensable to achieve a legitimate aim of relevant international instruments accepted by the parties
the conflict and are not otherwise prohibited by International to the conflict concerned or under the national legislation
Humanitarian Law. of the state of refuge or state of residence;
(5) a member of the medical personnel assigned
(m) “Non-defended locality” means a locality that fulfills the exclusively to medical purposes or to the administration of
following conditions:
medical units or to the operation of or administration of
(1) all combatants, as well as mobile weapons and mobile military
medical transports; or
equipment, must have been evacuated;
(2) no hostile use of fixed military installations or establishments
must have been made;

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 (6) a member of the religious personnel who is exclusively
engaged in the work of their ministry and attached to the
armed forces of a party to the conflict, its medical units or
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medical transports, or non-denominational, noncombatant
(8) Compelling a prisoner of war or other protected person
III. REVISED PENAL CODE – BOOK
military personnel carrying out functions similar to religious
to serve in the forces of a hostile power; and
TWO personnel.
(9) Unjustifiable delay in the repatriation of prisoners of war
A. Title One - Crimes Against National or other protected persons.
Security and the Law of Nations (Articles
(r) “Superior” means:
114-123) (1) a military commander or a person effectively acting as a
(b) In case of a non-international armed conflict, serious
military commander; or
4. Philippine Act on Crimes Against violations of common Article 3 to the four (4) Geneva
International Humanitarian Law, Genocide (2) any other superior, in as much as the crimes arose from
Conventions of 12 August 1949, namely, any of the
and Other Crimes Against Humanity – R.A. activities within the effective authority and control of that
No. 9851, secs. 3-6, 10-12 and 17 following acts committed against persons taking no active
superior.
part in the hostilities, including members of the armed
forces who have laid down their arms and those placed
(s) “Torture” means the intentional infliction of severe pain or
hors de combat by sickness, wounds, detention or any
suffering, whether physical, mental, or psychological, upon a
other cause:
NOTES: person in the custody or under the control of the accused;
(1) Violence to life and person, in particular, willful killings,
except that torture shall not include pain or suffering arising
mutilation, cruel treatment and torture;
only from, inherent in or incidental to, lawful sanctions.
(2) Committing outrages upon personal dignity, in
particular, humiliating and degrading treatment;
(t) “Works and installations containing dangerous forces”
(3) Taking of hostages; and
means works and installations the attack of which may cause
(4) The passing of sentences and the carrying out of
the release of dangerous forces and consequent severe
executions without previous judgment pronounced by a
losses among the civilian population, namely: dams, dikes,
regularly constituted court, affording all judicial guarantees
and nuclear, electrical generation stations.
which are generally recognized as indispensable.

CRIMES AGAINST INTERNATIONAL HUMANITARIAN LAW

(c) Other serious violations of the laws and customs
GENOCIDE AND OTHER CRIMES AGAINST HUMANITY
applicable in armed conflict, within the established
framework of international law, namely:
SEC. 4. War Crimes. – For the purpose of this Act, “war
(1) Intentionally directing attacks against the civilian
crimes” or “crimes against International Humanitarian Law”
population as such or against individual civilians not taking
means:
direct part in hostilities;
(a) In case of an international armed conflict, grave breaches
(2) Intentionally directing attacks against civilian objects,
of the Geneva Conventions of 12 August 1949, namely, any of
that is, objects which are not military objectives;
the following acts against persons or property protected
(3) Intentionally directing attacks against buildings,
under the provisions of the relevant Geneva Convention:
material, medical units and transport, and personnel using
(1) Willful killing;
the distinctive emblems of the Geneva Conventions or
(2) Torture or inhuman treatment, including biological
Additional Protocol III in conformity with international law;
experiments;
(4) Intentionally directing attacks against personnel,
(3) Willfully causing great suffering, or serious injury to body
installations, material, units or vehicles involved in a
or health;
humanitarian assistance or peacekeeping mission in
(4) Extensive destruction and appropriation of property not
accordance with the Charter of the United Nations, as long
justified by military necessity and carried out unlawfully and
as they are entitled to the protection given to civilians or
wantonly;
civilian objects under the international law of armed
(5) Willfully depriving a prisoner of war or other protected
conflict;
person of the rights of fair and regular trial;
(6) Arbitrary deportation or forcible transfer of population or
unlawful confinement;
(7) Taking of hostages;

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 (5) Launching an attack in the knowledge that such attack will
cause incidental loss of life or injury to civilians or damage to
civilian objects or widespread, long-term and severe damage
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to the natural environment which would be excessive in
(17) Transferring, directly or indirectly, by the occupying
III. REVISED PENAL CODE – BOOK
relation to the concrete and direct military advantage
power of parts of its own civilian population into the
TWO anticipated;
territory it occupies, or the deportation or transfer of all or
(6) Launching an attack against works or installations
A. Title One - Crimes Against National parts of the population of the occupied territory within or
containing dangerous forces in the knowledge that such
Security and the Law of Nations (Articles outside this territory;
114-123) attack will cause excessive loss of life, injury to civilians or
(18) Committing outrages upon personal dignity, in
damage to civilian objects, and causing death or serious
4. Philippine Act on Crimes Against particular, humiliating and degrading treatment;
International Humanitarian Law, Genocide injury to body or health;
(19) Committing rape, sexual slavery, enforced prostitution,
and Other Crimes Against Humanity – R.A. (7) Attacking or bombarding, by whatever means, towns,
No. 9851, secs. 3-6, 10-12 and 17 forced pregnancy, enforced sterilization, or any other form
villages, dwellings or buildings which are undefended and
of sexual violence also constituting a grave breach of the
which are not military objectives, or making non-defended
Geneva Conventions or a serious violation of common
localities or demilitarized zones the object of attack;
Article 3 to the Geneva Conventions;
(8) Killing or wounding a person in the knowledge that he/she
(20) Utilizing the presence of a civilian or other protected
NOTES: is hors de combat, including a combatant who, having laid
person to render certain points, areas or military forces
down his/her arms or no longer having means of defense, has
immune from military operations;
surrendered at discretion;
(21) Intentionally using starvation of civilians as a method of
(9) Making improper use of a flag of truce, of the flag or the
warfare by depriving them of objects indispensable to their
military insignia and uniform of the enemy or of the United
survival, including willfully impeding relief supplies as
Nations, as well as of the distinctive emblems of the Geneva
provided for under the Geneva Conventions and their
Conventions or other protective signs under International
Additional Protocols;
Humanitarian Law, resulting in death, serious personal injury
(22) In an international armed conflict, compelling the
or capture;
nationals of the hostile party to take part in the operations
(10) Intentionally directing attacks against buildings
of war directed against their own country, even if they were
dedicated to religion, education, art, science or charitable
in the belligerent’s service before the commencement of
purposes, historic monuments, hospitals and places where
the war;
the sick and wounded are collected, provided they are not
(23) In an international armed conflict, declaring abolished,
military objectives. In case of doubt whether such building or
suspended or inadmissible in a court of law the rights and
place has been used to make an effective contribution to
actions of the nationals of the hostile party;
military action, it shall be presumed not to be so used;
(24) Committing any of the following acts:
(11) Subjecting persons who are in the power of an adverse
(i) Conscripting, enlisting or recruiting children under the
party to physical mutilation or to medical or scientific
age of fifteen (15) years into the national armed forces;
experiments of any kind, or to removal of tissue or organs for
(ii) Conscripting, enlisting or recruiting children under the
transplantation, which are neither justified by the medical,
age of eighteen (18) years into an armed force or group
dental or hospital treatment of the person concerned nor
other than the national armed forces; and
carried out in his/her interest, and which cause death to or
(iii) Using children under the age of eighteen (18) years to
seriously endanger the health of such person or persons;
participate actively in hostilities; and
(12) Killing, wounding or capturing an adversary by resort to
(25) Employing means of warfare which are prohibited
perfidy;
under international law, such as:
(13) Declaring that no quarter will be given;
(i) Poison or poisoned weapons;
(14) Destroying or seizing the enemy’s property unless such
(ii) Asphyxiating, poisonous or other gases, and all
destruction or seizure is imperatively demanded by the
analogous liquids, materials or devices;
necessities of war;
(iii) Bullets which expand or flatten easily in the human
(15) Pillaging a town or place, even when taken by assault;
body, such as bullets with hard envelopes which do not
(16) Ordering the displacement of the civilian population for
entirely cover the core or are pierced with incisions; and
reasons related to the conflict, unless the security of the
civilians involved or imperative military reasons so demand;

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 (iv) Weapons, projectiles and material and methods of
warfare which are of the nature to cause superfluous injury or
unnecessary suffering or which are inherently indiscriminate
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in violation of the international law of armed conflict.
(h) Persecution against any identifiable group or collectivity
III. REVISED PENAL CODE – BOOK on political, racial, national, ethnic, cultural, religious,
TWO Any person found guilty of committing any of the acts
gender, sexual orientation or other grounds that are
specified herein shall suffer the penalty provided under
A. Title One - Crimes Against National universally recognized as impermissible under international
Section 7 of this Act.
Security and the Law of Nations (Articles law, in connection with any act referred to in this paragraph
114-123)
or any crime defined in this Act;
SEC. 5. Genocide. – (a) For the purpose of this Act,
4. Philippine Act on Crimes Against (i) Enforced or involuntary disappearance of persons;
International Humanitarian Law, Genocide “genocide” means any of the following acts with intent to
(j) Apartheid; and
and Other Crimes Against Humanity – R.A. destroy, in whole or in part, a national, ethnic, racial,
No. 9851, secs. 3-6, 10-12 and 17 (k) Other inhumane acts of a similar character intentionally
religious, social or any other similar stable and permanent
causing great suffering, or serious injury to body or to
group as such:
mental or physical health.
(1) Killing members of the group;
(2) Causing serious bodily or mental harm to members of the
Any person found guilty of committing any of the acts
NOTES: group;
specified herein shall suffer the penalty provided under
(3) Deliberately inflicting on the group conditions of life
Section 7 of this Act.
calculated to bring about its physical destruction in whole or
in part;
SEC. 10. Responsibility of Superiors. – In addition to other
(4) Imposing measures intended to prevent births within the
grounds of criminal responsibility for crimes defined and
group; and
penalized under this Act, a superior shall be criminally
(5) Forcibly transferring children of the group to another
responsible as a principal for such crimes committed by
group.
subordinates under his/her effective command and control,
or effective authority and control as the case may be, as a
(b) It shall be unlawful for any person to directly and publicly
result of his/her failure to properly exercise control over
incite others to commit genocide.
such subordinates, where:

Any person found guilty of committing any of the acts

(a) That superior either knew or, owing to the
specified in paragraphs (a) and (b) of this section shall suffer
circumstances at the time, should have known that the
the penalty provided under Section 7 of this Act.
subordinates were committing or about to commit such
crimes;
SEC. 6. Other Crimes Against Humanity. – For the purpose of
this Act, “other crimes against humanity” means any of the
(b) That superior failed to take all necessary and
following acts when committed as part of a widespread or
reasonable measures within his/her power to prevent or
systematic attack directed against any civilian population,
repress their commission or to submit the matter to the
with knowledge of the attack:
competent authorities for investigation and prosecution.
(a) Willful killing;
(b) Extermination;
SEC. 11. Nonprescription. – The crimes defined and.
(c) Enslavement;
penalized under this Act, their prosecution, and the
(d) Arbitrary deportation or forcible transfer of population;
execution of sentences imposed on their account, shall not
(e) Imprisonment or other severe deprivation of physical
be subject to any prescription.
liberty in violation of fundamental rules of international law;
(f) Torture;
(g) Rape, sexual slavery, enforced prostitution, forced
pregnancy, enforced sterilization, or any other form of sexual
violence of comparable gravity;

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 SEC. 12. Orders from a Superior. – The fact that a crime
defined and penalized under this Act has been committed by
a person pursuant to an order of a government or a superior,
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whether military or civilian, shall not relieve that person of
Crimes Against the Fundamental Laws of the State
III. REVISED PENAL CODE – BOOK
criminal responsibility unless all of the following elements
TWO concur: Arbitrary Detention and Expulsion
(a) The person was under a legal obligation to obey orders of
A. Title One - Crimes Against National
Security and the Law of Nations (Articles
the government or the superior in question; ARTICLE 124. Arbitrary Detention. — Any public officer or
114-123) (b) The person did not know that the order was unlawful; and employee who, without legal grounds, detains a person, shall
(c) The order was not manifestly unlawful. suffer:
4. Philippine Act on Crimes Against
International Humanitarian Law, Genocide For the purposes of this section, orders to commit genocide
1. The penalty of arresto mayor in its maximum period to prisión
and Other Crimes Against Humanity – R.A. or other crimes against humanity are manifestly unlawful.
No. 9851, secs. 3-6, 10-12 and 17 correccional in its minimum period, if the detention has not
exceeded three days;
B. Title Two - Crimes against the SEC. 17. Jurisdiction. – The State shall exercise jurisdiction
Fundamental Law of the State (Articles
over persons, whether military or civilian, suspected or 2. The penalty of prisión correccional in its medium and maximum
124-133)
accused of a crime defined and penalized in this Act, periods, if the detention has continued more than three but not
regardless of where the crime is committed, provided, any more than fifteen days;
NOTES: one of the following conditions is met:
3. The penalty of prisión mayor, if the detention has continued for
more than fifteen days but not more than six months; and
(a) The accused is a Filipino citizen;
(b) The accused, regardless of citizenship or residence, is
4. That of reclusión temporal, if the detention shall have exceeded
present in the Philippines; or six months.
(c) The accused has committed the said crime against a
Filipino citizen. The commission of a crime, or violent insanity or any other ailment
requiring the compulsory confinement of the patient in a hospital,
In the interest of justice, the relevant Philippine authorities shall be considered legal grounds for the detention of any person.
may dispense with the investigation or prosecution of a crime
punishable under this Act if another court or international ARTICLE 125. Delay in the Delivery of Detained Persons to the
Proper Judicial Authorities. — The penalties provided in the next
tribunal is already conducting the investigation or
preceding article shall be imposed upon the public officer or
undertaking the prosecution of such crime. Instead, the employee who shall detain any person for some legal grounds and
authorities may surrender or extradite suspected or accused shall fail to deliver such person to the proper judicial authorities
persons in the Philippines to the appropriate international within the period of: twelve (12) hours for crimes or offenses
court, if any, or to another State pursuant to the applicable punishable by light penalties, or their equivalent; eighteen (18)
extradition laws and treaties. hours, for crimes or offenses punishable by correctional penalties,
ot their equivalent; and thirty-six (36) hours, for crimes or offenses
No criminal proceedings shall be initiated against foreign punishable by afflictive or capital penalties or their equivalent.
nationals suspected or accused of having committed the
In every case, the person detained shall be informed of the cause
crimes defined and penalized in this Act if they have been
of his detention, and shall be allowed, upon his request, to
tried by a competent court outside the Philippines in respect communicate and confer at any time with his attorney or counsel
of the same offense and acquitted, or having been convicted, (As amended by EO No. 59 and EO No. 272)
already served their sentence.
ARTICLE 126. Delaying Release. — The penalties provided for in
article 124 shall be imposed upon any public officer or employee
who delays for the period of time specified therein the
performance of any judicial or executive order for the release of a
prisoner or detention prisoner, or unduly delays the service of the
notice of such order to said prisoner or the proceedings upon any
petition for the liberation of such person.

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 ARTICLE 127. Expulsion. — The penalty of prisión correccional
shall be imposed upon any public officer or employee who, not
being thereunto authorized by law, shall expel any person from
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the Philippine Islands or shall compel such person to change
The same penalty shall be imposed upon a public officer or
his residence. employee who shall hinder any person from joining any lawful
III. REVISED PENAL CODE – BOOK
TWO association or from attending any of its meetings.
Violation of Domicile
B. Title Two - Crimes against the The same penalty shall be imposed upon any public officer or
Fundamental Law of the State (Articles
ARTICLE 128. Violation of Domicile. — The penalty of prisión employee who shall prohibit or hinder any person from addressing,
124-133)
correccional in its minimum period shall be imposed upon any either alone or together with others, any petition to the authorities
C. Title Three - Crimes against Public for the correction of abuses or redress of grievances.
public officer or employee who, not being authorized by
Order (Articles 134-160)
judicial order, shall enter any dwelling against the will of the
Crimes Against Religious Worship
owner thereof, search papers or other effects found therein
without the previous consent of such owner, or, having ARTICLE 132. Interruption of Religious Worship. — The penalty of
surreptitiously entered said dwelling, and being required to prisión correccional in its minimum period shall be imposed upon any
leave the premises, shall refuse to do so. public officer or employee who shall prevent or disturb the
ceremonies or manifestations of any religion.

NOTES: If the offense be committed in the night-time, or if any papers

If the crime shall have been committed with violence or threats, the
or effects not constituting evidence of a crime be not returned
penalty shall be prisión correccional in its medium and maximum
immediately after the search made by the offender, the periods.
penalty shall be prisión correccional in its medium and
maximum periods. ARTICLE 133. Offending the Religious Feelings. — The penalty of
arresto mayor in its maximum period to prisión correccional in its
ARTICLE 129. Search Warrants Maliciously Obtained and minimum period shall be imposed upon anyone who, in a place
Abuse in the Service of Those Legally Obtained. —In addition devoted to religious worship or during the celebration of any
religious ceremony shall perform acts notoriously offensive to the
to the liability attaching to the offender for the commission of
feelings of the faithful.
any other offense, the penalty of arresto mayor in its maximum
period to prision correccional in its minimum period and a fine Crimes Against Public Order
not exceeding Two hundred thousand pesos (P200, 000) shall
be imposed upon any public officer or employee who shall Rebellion, Sedition, and Disloyalty
procure a search warrant without just cause, or, having legally
procured the same, shall exceed his authority or use ARTICLE 134. Rebellion or Insurrection. — How Committed. — The
crime of rebellion or insurrection is committed by rising publicly and
unnecessary severity in executing the same. (A amended by
taking arms against the Government for the purpose of removing
Sec. 5, RA 10951)
from the allegiance to said Government or its laws, the territory of
the Republic of the Philippines or any part thereof, of any body of
ARTICLE 130. Searching Domicile Without Witnesses. — The land, naval or other armed forces, or depriving the Chief Executive or
penalty of arresto mayor in its medium and maximum periods the Legislature, wholly or partially, of any of their powers or
shall be imposed upon a public officer or employee who, in prerogatives. (As amended by RA No. 6968)
cases where a search is proper, shall search the domicile,
papers or other belongings of any person, in the absence of Article 134-A. Coup d’état.—How committed.—The crime of coup
d’état is a swift attack accompanied by violence, intimidation, threat,
the latter, any member of his family, or in their default, without
strategy or stealth, directed against duly constituted authorities of
the presence of two witnesses residing in the same locality. the Republic of the Philippines, or any military camp or installation,
communications networks, public utilities or other facilities needed
Prohibition, Interruption, and Dissolution of Peaceful for the exercise and continued possession of power, singly or
Meetings simultaneously carried out anywhere in the Philippines by any person
or persons, belonging to the military or police or holding any public
ARTICLE 131. Prohibition, Interruption, and Dissolution of office or employment, with or without civilian support or
participation, for the purpose of seizing or diminishing state power.
Peaceful Meetings. — The penalty of prisión correccional in
(As amended by RA No. 6968)
its minimum period shall be imposed upon any public officer or
employee who, without legal ground, shall prohibit or interrupt
the holding of a peaceful meeting, or shall dissolve the same.

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 Article 135. Penalty for rebellion, insurrection or coup d’état.—
Any person who promotes, maintains or heads a rebellion or
insurrection shall suffer the penalty of reclusion perpetua.
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Any person merely participating or executing the commands of ARTICLE 139. Sedition — How Committed. — The crime of sedition is
III. REVISED PENAL CODE – BOOK others in a rebellion or insurrection shall suffer the penalty of committed by persons who rise publicly and tumultuously in order to
TWO reclusion temporal. attain by force, intimidation, or by other means outside of legal
methods, any of the following objects:
C. Title Three - Crimes against Public
Order (Articles 134-160) Any person who leads or in any manner directs or commands others
1. To prevent the promulgation or execution of any law or the holding
to undertake a coup d’état shall suffer the penalty of reclusion
of any popular election;
perpetua.
NOTES: 2. To prevent the National Government, or any provincial or municipal
Any person in the government service who participates, or government, or any public officer thereof from freely exercising its or
executes directions or commands of others in undertaking a coup his functions, or prevent the execution of any administrative order;
d’état shall suffer the penalty of reclusion temporal in its maximum
period. 3. To inflict any act of hate or revenge upon the person or property of
any public officer or employee;
Any person not in the government service who participates, or in
any manner supports, finances, abets or aids in undertaking a coup 4. To commit, for any political or social end, any act of hate or
d’état shall suffer the penalty of prision mayor in its maximum revenge against private persons or any social class; and
period.
5. To despoil, for any political or social end, any person, municipality
or province, or the National Government or the Government of the
When the rebellion, insurrection, or coup d’état shall be under the
United States, of all its property or any part thereof. (As amended by
command of unknown leaders, any person who in fact directed the
Com. Act No. 202)
others, spoke for them, signed receipts and other documents
issued in their name, or performed similar acts, on behalf of the ARTICLE 140. Penalty for Sedition. — The leader of a sedition shall
rebels shall be deemed a leader of such rebellion, insurrection, or suffer the penalty of prision mayor in its minimum period and a fine not
coup d’état. (As amended by RA No. 6968) exceeding Two million pesos (P2,000, 000).

ARTICLE 136. Conspiracy and Proposal to Commit Rebellion or Other persons participating therein shall suffer the penalty of prision
Insurrection. — The conspiracy and proposal to commit coup correccional in its maximum period and a fine not exceeding One
d'etat shall be punished by prision mayor in its minimum period and million pesos (P1, 000, 000). (As amended by Sec. 7, RA No. 10951)
a fine which shall not exceed One million pesos (P1, 000, 000).
ARTICLE 141. Conspiracy to Commit Sedition. — Persons conspiring
The conspiracy and proposal to commit rebellion or insurrection to commit the crime of sedition shall be punished by prision
shall be punished respectively, by prision correccional in its correccional in its medium period and a fine not exceeding Four
hundred thousand pesos (P400,000). (As amended by Sec. 8, RA No.
maximum period and a fine which shall not exceed One million
10951)
pesos (P1,000,000) and by prision correccional in its medium
period and a fine not exceeding Four hundred thousand pesos
ARTICLE 142. Inciting to Sedition. — The penalty of prision
(P400, 000). (As amended by Sec. 6, RA No. 10951) correccional in its maximum period and a fine not exceeding Four
hundred thousand pesos (P400, 000) shall be imposed upon any
ARTICLE 137. Disloyalty of Public Officers or Employees. — The person who, without taking any direct part in the crime of sedition,
penalty of prisión correccional in its minimum period shall be should incite others to the accomplishment of any of the acts which
imposed upon public officers or employees who have failed to constitute sedition, by means of speeches, proclamations, writings,
resist a rebellion by all the means in their power, or shall continue emblems, cartoons, banners, or other representations tending to the
to discharge the duties of their offices under the control of the same end, or upon any person or persons who shall utter seditious
rebels or shall accept appointment to office under them. (Restored words or speeches, write, publish, or circulate scurrilous libels
by EO No.187) against the Government, or any of the duly constituted authorities
thereof, or which tend to disturb or obstruct any lawful officer in
ARTICLE 138. Inciting to Rebellion or Insurrection. — The penalty executing the functions of his office, or which tend to instigate others
to cabal and meet together for unlawful purposes, or which suggest
of prisión mayor in its minimum period shall be imposed upon any
or incite rebellious conspiracies or riots, or which lead or tend to stir
person who, without taking arms or being in open hostility against
up the people against the lawful authorities or to disturb the peace of
the Government, shall incite others to the execution of any of the
the community, the safety and order of the Government, or who shall
acts specified in article 134 of this Code, by means of speeches, knowingly conceal such evil practices. (As amended by Sec. 9, RA No.
proclamations, writings, emblems, banners or other representations 10951)
tending to the same end.(Restored by EO No.187)
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 Crimes Against Popular Representation

Crimes Against Legislative Bodies and Similar Bodies

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ARTICLE 143. Acts Tending to Prevent the Meeting of the Legislature and Assault Upon, and Resistance and Disobedience to Persons in
Similar Bodies. — The penalty of prision correccional or a fine ranging
Authority and Their Agents
from Forty thousand pesos (P40, 000) to Four hundred thousand pesos
(P400, 000), or both, shall be imposed upon any person who, by force or
C. Title Three - Crimes against Public fraud, prevents the meeting of Congress or of any of its committees or ARTICLE 148. Direct Assaults. — Any person or person who,
Order (Articles 134-160) subcommittees, Constitutional Commissions or committees or divisions without a public uprising, shall employ force or intimidation for
thereof, or of any provincial board or city or municipal council or board. the attainment of any of the purposes enumerated in defining
(As amended by Sec. 10, RA No. 10951) the crimes of rebellion and sedition, or shall attack, employ
NOTES: ARTICLE 144. Disturbance of Proceedings. — The penalty of arresto
force, or seriously intimidate or resist any person in authority
or any of his agents, while engaged in the performance of
mayor or a fine from Forty thousand pesos (P40, 000) to Two hundred
thousand pesos (P200,000) shall be imposed upon any person who
official duties, or on occasion of such performance, shall suffer
disturbs the meetings of Congress or of any of its committees or the penalty of prision correccional in its medium and maximum
subcommittees, Constitutional Commissions or committees or divisions periods and a fine not exceeding Two hundred thousand pesos
thereof, or of any provincial board or city or municipal council or board, or (P200,000), when the assault is committed with a weapon or
in the presence of any such bodies should behave in such manner as to when the offender lays hand upon a person in authority. If none
interrupt its proceedings or to impair the respect due it. (As amended by of these circumstances be present, the penalty of prision
Sec. 11, RA No. 10951)
correcccional in its minimum period and a fine not exceeding
Violation of Parliamentary Immunity
One hundred thousand pesos (P100,000) shall be imposed. (As
amended by Sec. 13, RA No. 10951)
ARTICLE 145. Violation of Parliamentary Immunity. — The penalty of
prisión mayor shall be imposed upon any person who shall use force, ARTICLE 149. Indirect Assaults. — The penalty of prsion
intimidation, threats, or fraud to prevent any member of the National correccional in its minimum and medium periods and a fine not
Assembly from attending the meetings of the Assembly or of any of its exceeding One hundred thousand pesos (P100, 000) shall be
committees or subcommittees, constitutional commissions or committees
imposed upon any person who shall make use of force or
or divisions thereof, from expressing his opinions or casting his vote; and
the penalty of prisión correccional shall be imposed upon any public
intimidation upon any person coming to the aid of the
officer or employee who shall, while the Assembly is in regular or special authorities of their agents on occasion of the commission of
session, arrest or search any member thereof, except in case such any of the crimes defined in the next preceding article. (As
member has committed a crime punishable under this Code by a penalty amended by Sec. 14, RA No. 10951)
higher than prisión mayor. (As amended by Com. Act 264)
ARTICLE 150. Disobedience to Summons Issued by a
Illegal Assemblies and Associations
Legislative Body or Committee, and Refusal to Testify Before
ARTICLE 146. Illegal Assemblies. — The penalty of prisión correccional in
Same. — The penalty of arresto mayor or a fine ranging from
its maximum period to prision mayor in its medium period shall be imposed Forty thousand pesos (P40,000) to Two hundred thousand
upon organizers or leaders of any meeting attended by armed persons for pesos (P200,000), or both such fine and imprisonment, shall be
the purpose of committing any of the crimes punishable under this Code, imposed upon any person who, having been duly summoned to
or of any meeting in which the audience is incited to the commission of attend as a witness before Congress, its special or standing
the crime of treason, rebellion or insurrection, sedition or assault upon a committees and subcommittees, the Constitutional
person in authority or his agents. Person merely present at such meeting
Commissions and its committees, subcommittees, or divisions,
shall suffer the penalty of arresto mayor, unless they are armed, in which
case the penalty shall be prision correccional.
or before any commission or committee chairman or member
authorized to summon witnesses, refuses, without legal excuse
If any person present at the meeting carries an unlicensed firearm, it shall to obey such summons or being present before any such
be presumed that the purpose of said meeting, insofar as he is concerned, legislative or constitutional body or official, refuses to be
is to commit acts punishable under this Code, and he shall be considered sworn or placed under affirmation or to answer any legal
a leader or organizer of the meeting within the purview of the preceeding inquiry or to produce any books, papers, documents, or
paragraph. 9Restored by EO No. 187)
records in his possession, when required by them to do so in
ARTICLE 147. Illegal Associations. — The penalty of prision correccional
the exercise of their functions. The same penalty shall be
in its minimum and medium periods and a fine not exceeding Two hundred imposed upon any person who shall restrain another from
thousand pesos (P200,000) shall be imposed upon the founders, attending as a witness, or who shall induce disobedience to
directors, and presidents of associations totally or partially organized for summons or refusal to be sworn by any such body or official.
the purpose of committing any of the crimes punishable under this Code (As amended by Sec. 15, RA No. 10951)
or for some purpose contrary to public morals. Mere members of said

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associations shall suffer the penalty of arresto mayor. (As amended by
www.lexmond.ph Sec. 12, RA No. 10951) 39
 ARTICLE 151. Resistance and Disobedience to a Person in
Authority or the Agents of Such Person. — The penalty of arresto
mayor and a fine not exceeding One hundred thousand pesos
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(P100,000) shall be imposed upon any person who not being
included in the provisions of the preceding articles shall resist or ARTICLE 154. Unlawful Use of Means of Publication. — The
III. REVISED PENAL CODE – BOOK seriously disobey any person in authority or the agents of such penalty of arresto mayor and a fine ranging from Forty
TWO person while engaged in the performance of official duties. thousand pesos (P40, 000) to Two hundred thousand pesos
C. Title Three - Crimes against Public
(P200, 000) shall be imposed upon:
Order (Articles 134-160) When the disobedience to an agent of a person in authority is not
of a serious nature, the penalty of arresto menor or a fine ranging 1. Any person who by means of printing, lithography, or any
from Two thousand pesos (P2,000) to Twenty thousand pesos other means of publication shall publish or cause to be
NOTES: (P20,000) shall be imposed upon the offender. (As amended by published as news any false news which may endanger the
Sec. 16, RA No. 10951) public order, or cause damage to the interest or credit of the
State;

ARTICLE 152. Persons in Authority — Who Shall Be Deemed as 2. Any person who by the same means, or by words, utterances
Such. — In applying the provisions of the preceding and other or speeches shall encourage disobedience to the law or to the
articles of this Code, any person directly vested with jurisdiction,
constituted authorities or praise, justify, or extol any act
whether as an individual or as a member of some court or
punished by law;
governmental corporation, board or commission, shall be deemed a
person in authority.
3. Any person who shall maliciously publish or cause to be
published any official resolution or document without proper
Public Disorders
authority, or before they have been published officially; or
ARTICLE 153. Tumults and Other Disturbances of Public Orders —
Tumultuous Disturbance or Interruption Liable to Cause 4. Any person who shall print, publish, or distribute or cause to
Disturbance. — The penalty of arresto mayor in its medium period be printed, published, or distributed books, pamphlets,
to prision correccional in its minimum period and a fine not periodicals, or leaflets which do not bear the real printer's
exceeding Two hundred thousand pesos (P200,000) shall be name, or which are classified as anonymous. (As amended by
imposed upon any person who shall cause any serious disturbance Sec. 18, RA No. 10951)
in a public place, office, or establishment, or shall interrupt or
disturb public performances, functions or gatherings, or peaceful ARTICLE 155. Alarms and Scandals. — The penalty of arresto
meetings, if the act is not included in the provisions of Articles 131 menor or a fine not exceeding Forty thousand peos (P40, 000)
and 132. shall be imposed upon:

The penalty next higher in degree shall be imposed upon persons 1. Any person who within any town or public place, shall
causing any disturbance or interruption of a tumultuous character. discharge any firearm, rocket, firecracker. or other explosives
calculated to cause alarm or danger;
The disturbance or interruption shall be deemed to be tumultuous if
caused by more than three (3) persons who are armed or provided 2. Any person who shall instigate or take an active part in any
with means of violence. charivari or other disorderly meeting offensive to another or
prejudicial to public tranquility;
The penalty of arresto mayor shall be imposed upon any person
who in any meeting, association, or public place, shall make any 3. Any person who, while wandering about at night or while
outcry tending to incite rebellion or sedition or in such place shall
engaged in any other nocturnal amusements, shall disturb the
display placards or emblems which provoke a disturbance of the
public peace; or
public order.

4. Any person who, while intoxicated or otherwise, shall cause

The penalty of arresto menor and a fine not to exceed Forty
any disturbance or scandal in public places: Provided, That the
thousand pesos (40,000) shall be imposed upon these persons who
circumstances of the case shall not make the provisions of
in violation of the provisions contained in the last clause of Article
85, shall bury with pomp the body of a person who has been legally Article 153 applicable. (As amended by Sec. 19, RA No. 10951)
executed. (As amended by Sec. 17, RA No. 10951)

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Criminal Law
 ARTICLE 156. Delivery of Prisoners from Jail. — The penalty of
arresto mayor in its maximum period to prisión correccional in its
minimum period shall be imposed upon any person who shall
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remove from any jail or penal establishment any person confined
therein or shall help the escape of such person, by means of Commission of Another Crime During Service of Penalty
III. REVISED PENAL CODE – BOOK Imposed for Another Previous Offense
violence, intimidation, or bribery. If other means are used the
TWO
penalty of arresto mayor shall be imposed.
C. Title Three - Crimes against Public ARTICLE 160. Commission of Another Crime During
Order (Articles 134-160) If the escape of the prisoner shall take place outside of said Service of Penalty Imposed for Another Previous Offense
D. Title Four - Crimes against Public
establishments by taking the guards by surprise, the same — Penalty. — Besides the provisions of rule 5 of article 62,
Interest (Articles 161-187) penalties shall be imposed in their minimum period. any person who shall commit a felony after having been
convicted by final judgment, before beginning to serve
Evasion of Service of Sentence such sentence, or while serving the same, shall be
NOTES:
punished by the maximum period of the penalty prescribed
ARTICLE 157. Evasion of Service of Sentence. — The penalty of
by law for the new felony.
prisión correccional in its medium and maximum periods shall be
imposed upon any convict who shall evade service of his
Any convict of the class referred to in this article, who is
sentence by escaping during the term of his imprisonment by
not a habitual criminal, shall be pardoned at the age of
reason of final judgment. However, if such evasion or escape
shall have taken place by means of unlawful entry, by breaking seventy years if he shall have already served out his
doors, windows, grates, walls, roofs, or floors, or by using original sentence, or when he shall complete it after
picklocks, false keys, disguise, deceit, violence or intimidation, reaching said age, unless by reason of his conduct or other
or through connivance with other convicts or employees of the circumstances he shall not be worthy of such clemency.
penal institution, the penalty shall be prisión correccional in its
maximum period. Crimes Against Public Interest

ARTICLE 158. Evasion of Service of Sentence on the Occasion Forgeries

of Disorders, Conflagrations, Earthquakes, or Other Calamities.
— A convict who shall evade the service of his sentence, by Forging the Seal of the Government of the Philippine
leaving the penal institution where he shall have been confined, Islands, the Signature or Stamp of the Chief Executive
on the occasion of disorder resulting from a conflagration,
earthquake, explosion, or similar catastrophe, or during a mutiny
ARTICLE 161. Counterfeiting the Great Seal of the
in which he has not participated, shall suffer an increase of one-
Government of the Philippine Islands, Forging the
fifth of the time still remaining to be served under the original
Signature or Stamp of the Chief Executive. — The penalty
sentence, which in no case shall exceed six months, if he shall
of reclusión temporal shall be imposed upon any person
fail to give himself up to the authorities within forty-eight hours
following the issuance of a proclamation by the Chief Executive who shall forge the Great Seal of the Government of the
announcing the passing away of such calamity. Philippine Islands or the signature or stamp of the Chief
Executive.
Convicts who, under the circumstances mentioned in the
preceding paragraph, shall give themselves up to the authorities ARTICLE 162. Using Forged Signature or Counterfeit Seal
within the above mentioned period of 48 hours, shall be entitled or Stamp. — The penalty of prisión mayor shall be imposed
to the deduction provided in article 98. upon any person who shall knowingly make use of the
counterfeit seal or forged signature or stamp mentioned in
ARTICLE 159. Other Cases of Evasion of Service of Sentence. — the preceding article.
The penalty of prisión correccional in its minimum period shall be
imposed upon the convict who, having been granted conditional
pardon by the Chief Executive, shall violate any of the conditions
of such pardon. However, if the penalty remitted by the granting
of such pardon be higher than six years, the convict shall then
suffer the unexpired portion of his original sentence.

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 Counterfeiting Coins

ARTICLE 163. Making and Importing and Uttering False Coins. —

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Any person who makes, imports, or utters false coins, in
connivance with counterfeiters, or importers, shall suffer: 2. By prision mayor in its maximum period and a fine not to
III. REVISED PENAL CODE – BOOK exceed One million pesos (P1,000,000), if the falsified or
TWO
1. Prision correccional in its minimum and medium periods and a altered document is a circulating note issued by any
D. Title Four - Crimes against Public fine not to exceed Four hundred thousand pesos (P400,000), if banking association duly authorized by law to issue the
Interest (Articles 161-187) the counterfeited coins be any of the coinage of the Philippines. same.

2. Prision correccional in its minimum period and a fine not to 3. By prision mayor in its medium period and a fine not to
exceed Two hundred thousand pesos (P200,000), if the exceed One million pesos (P1,000,000),if the falsified or
counterfeited coin be currency of a foreign country. (As amended counterfeited document was issued by a foreign
NOTES: by Sec. 20, RA No. 10951) government.

ARTICLE 164. Mutilation of Coins — Importation and Utterance

4. By prision mayor in its minimum period and a fine not to
of Mutilated Coins. — The penalty of prision correccional in its
exceed Four hundred thousand pesos (P400,000), when the
minimum period and a fine not to exceed Four hundred thousand
forged or altered document is a circulating note or bill
pesos (P400,000) shall be imposed upon any person who shall
mutilate coins of the legal currency of the Philippines or import issued by a foreign bank duly authorized therefor. (As
or utter mutilated current coins, or in connivance with mutilators amended by Sec. 22, RA No. 10951)
or importers. (As amended by Sec. 21, RA No. 10951)
ARTICLE 167. Counterfeiting, Importing and Uttering
ARTICLE 165. Selling of False or Mutilated Coin, Without Instruments Payable to Bearer. — Any person who shall
Connivance. — Any person who knowingly, although without the forge, import or utter, in connivance with the forgers or
connivance mentioned in the preceding articles, shall possess importers, any instrument payable to order or other
false or mutilated coin with intent to utter the same, or shall document of credit not payable to bearer, shall suffer the
actually utter such coin, shall suffer a penalty lower by one penalties of prision correccional in its medium and
degree than that prescribed in said articles. maximum periods and a fine not exceeding One million two
hundred thousand pesos (P1,200,000). (As amended by
Forging Treasury or Bank Notes, Obligations and Securities; Sec. 23, RA No. 10951)
Importing and Uttering False or Forged Notes, Obligations and
Securities
ARTICLE 168. Illegal Possession and Use of False
Treasury or Bank Notes and Other Instruments of Credit.
ARTICLE 166. Forging Treasury or Bank Notes or Other
— Unless the act be one of those coming under the
Documents Payable to Bearer; Importing, and Uttering Such
False or Forged Notes and Documents. — The forging or provisions of any of the preceding articles, any person who
falsification of treasury or bank notes or certificates or other shall knowingly use or have in his possession, with intent to
obligations and securities payable to bearer and the importation use any of the false or falsified instruments referred to in
and uttering in connivance with forgers or importers of such false this section, shall suffer the penalty next lower in degree
or forged obligations or notes, shall be punished as follows: than that prescribed in said articles.

1. By reclusion temporal in its minimum period and a fine not to

exceed Two million pesos (P2,000,000), if the document which
has been falsified, counterfeited, or altered is an obligation or
security of the Philippines.

The words obligation or security of the Philippines' shall mean all

bonds, certificates of indebtedness, national bank notes,
coupons., Philippine notes, treasury notes, fractional notes,
certificates of deposit, bills, checks, or drafts for money, drawn
by or upon authorized officers of the Philippines, and other
representatives of value, of whatever denomination, which have
been or may be issued under any act of Congress.
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 ARTICLE 169. How Forgery is Committed. — The forgery
referred to in this section may be committed by any of the
following means:
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1. By giving to a treasury or bank note or any instrument payable ARTICLE 172. Falsification by Private Individuals and Use
III. REVISED PENAL CODE – BOOK of Falsified Documents. — The penalty of prision
to bearer or to order mentioned therein, the appearance of a true
TWO
genuine document. correccional in its medium and maximum periods and a fine
D. Title Four - Crimes against Public of not more than One million pesos (P1,000.000) shall be
Interest (Articles 161-187) 2. By erasing, substituting, counterfeiting or altering by any imposed upon:
means the figures, letters, words or signs contained therein.
1. Any private individual who shall commit any of the
Falsification of Legislative, Public, Commercial, and Private falsifications enumerated in the next preceding article in
Documents, and Wireless, Telegraph, and Telephone Messages any public or official document or letter of exchange or any
NOTES:
other kind of commercial document;
ARTICLE 170. Falsification of Legislative Documents. — The
penalty of prision correccional in its maximum period and a fine
2. Any person who, to the damage of a third party, or with
not exceeding One million two hundred thousand pesos
the intent to cause such damage, shall in any private
(P1,200,000) shall be imposed upon any person who, without
document, commit any of the acts of falsification
proper authority therefor alters any bill, resolution or ordinance
enacted or approved or pending approval by either House of enumerated in the next preceding article; and
Congress or any provincial board or municipal council. (As
amended by Sec. 24, RA No. 10951) 3. Any person who shall knowingly introduce in evidence in
any judicial proceeding or to the damage of another or who,
ARTICLE 171. Falsification by Public Officer, Employee or Notary with the intent to cause such damage, shall use any of the
or Ecclesiastic Minister. — The penalty of prision mayor and a false documents embraced in the next preceding article, or
fine not to exceed One million pesos (P1,000,000) shall be in any of the foregoing subdivisions of this article, shall be
imposed upon any public officer, employee, or notary who, punished by the penalty next lower in degree. (As amended
taking- advantage of his official position, shall falsify a document by Sec. 26, RA No. 10951)
by committing any of the following acts:
ARTICLE 173. Falsification of Wireless, Cable, Telegraph
1. Counterfeiting or imitating any handwriting, signature or rubric: and Telephone Messages, and Use of Said Falsified
2. Causing it to appear that persons have participated in any act
Messages. — The penalty of prision correccional in its
or proceeding when they did not in fact so participate;
medium and maximum periods shall be imposed upon
3. Attributing to persons who have participated in an act or
officer or employee of the Government or of any private
proceeding statements other than those in fact made by them;
corporation or concern engaged in the service of sending
4. Making untruthful statements in a narration of facts;
5. Altering true dates; or receiving wireless, cable or telephone message who
6. Making any alteration or intercalation in a genuine document utters a fictitious wireless, telegraph or telephone
which changes its meaning; message of any system or falsifies the same.
7. Issuing in an authenticated form a document purporting to be a
copy of an original document when no such original exists, or Any person who shall use such falsified dispatch to the
including in such a copy a statement contrary to, or different prejudice of a third party or with the intent of cause such
from, that of the genuine original; or prejudice, shall suffer the penalty next lower in degree.
8. Intercalating any instrument or note relative to the issuance
thereof in a protocol, registry, or official book. Falsification of Medical Certificates, Certificates of Merit
or Service and the Like
The same penalty shall be imposed upon any ecclesiastical
minister who shall commit any of the offenses enumerated in the ARTICLE 174. False Medical Certificates, False
preceding paragraphs of this article, with respect to any record
Certificates of Merit or Service, etc. — The penalties of
or document, of such character that its falsification may affect
arresto mayor in its maximum period to prision correccional
the civil status of persons. (As amended by Sec. 25, RA No.
in its minimum period and a fine not to exceed Two hundred
10951)
thousand pesos (P200,000) shall be imposed upon:

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 1. Any physician or surgeon who, in connection with the practice of
his profession, shall issue a false certificate; and
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2. Any public officer who shall issue a false certificate of merit of
service, good conduct or similar circumstances, ARTICLE 179. Illegal Use of Uniforms or Insignia. — The
III. REVISED PENAL CODE – BOOK penalty of arresto mayor shall be imposed upon any person
TWO The penalty of arresto mayor shall be imposed upon any private who shall publicly and improperly make use of insignia,
D. Title Four - Crimes against Public person who shall falsify a certificate falling within the classes uniforms or dress pertaining to an office not held by such
Interest (Articles 161-187) mentioned in the two (2) preceding subdivisions. (As amended by person or to a class of persons of which he is not a
Sec. 27, RA No. 10951) member.

ARTICLE 175. Using False Certificates. — The penalty of arresto

False Testimony
menor shall be imposed upon any one who shall knowingly use any
NOTES: of the false certificates mentioned in the next preceding article.
ARTICLE 180. False Testimony Against a Defendant. — Any
Manufacturing, Importing and Possession of Instruments or person who shall give false testimony against the
Implements Intended for the Commission of Falsification defendant in any criminal case shall suffer:

ARTICLE 176. Manufacturing and Possession of Instruments or 1. The penalty of reclusion temporal, if the defendant in
Implements for Falsification. — The penalty of prision said case shall have been sentenced to death;
correccional in its medium and maximum periods and a fine not to
exceed One million pesos (P1,000,000) shall be imposed upon any 2. The penalty of prision mayor, if the defendant shall have
person who shall make or introduce into the Philippines any
been sentenced to reclusion temporal or reclusion
stamps, dies, marks, or other instruments or implements intended
perpetua:
to be used in the commission of the offenses of counterfeiting or
falsification mentioned in the preceding sections of this Chapter.
3. The penalty of prision correccional, if the defendant
Any person who, with the intention of using them, shall have in his shall have been sentenced to any other afflictive penalty:
possession any of the instruments or implements mentioned in the and
preceding paragraphs, shall suffer the penalty next lower in
degree than that provided therein. (As amended by Sec. 28, RA No. 4. The penalty of arresto mayor, if the defendant shall have
10951) been sentenced to a correctional penalty or a fine, or shall
have been acquitted.
Other Falsities
In cases provided in subdivisions 3 and 4 of this article the
Usurpation of Authority, Rank, Title, and Improper Use of Names,
offender shall further suffer a fine not to exceed Two
Uniforms and Insignia
hundred thousand pesos (P200,000). (As amended by Sec.
ARTICLE 177. Usurpation of Official Functions. — Any person who, 30, RA No. 10951)
under pretense of official position, shall perform any act pertaining
to any person in authority or public officer, without being lawfully ARTICLE 181. False Testimony Favorable to the Defendant.
entitled to do so, shall suffer the penalty of prision correccional in — Any person who shall give false testimony in favor of the
its minimum and medium periods. defendant in a criminal case, shall suffer the penalties of
arresto mayor in its maximum period to prision correccional
ARTICLE 178. Using Fictitious Name and Concealing True Name. in its minimum period and a fine not to exceed Two hundred
— The penalty of arresto mayor and a fine not to exceed One thousand pesos (P200,000), if the prosecution is for a
hundred thousand pesos (P100,000) shall be imposed upon any felony punishable by an afflictive penalty, and the penalty
person who shall publicly use a fictitious name for the purpose of
of arresto mayorin any other case. (As amended by Sec. 31,
concealing a crime, evading the execution of a judgment or
RA No. 10951)
causing damage.

Any person who conceals his true name and other personal
circumstances shall be punished by arresto menor or a fine not to
exceed Forty thousand pesos (P40,000). (As amended by Sec. 29,
RA No. 10951)

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 ARTICLE 182. False Testimony in Civil Cases. — Any person found
guilty of false testimony in a civil case shall suffer the penalty of
prision correccional in its minimum period and a fine not to exceed
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One million two hundred thousand pesos (P1,200.000), if the
amount in controversy shall exceed One million pesos 1. Any person who shall enter into any contract or
III. REVISED PENAL CODE – BOOK (P1,000.000), and the penalty of arresto mayor in its maximum agreement or shall take part in any conspiracy or
TWO period to prision correccional in its minimum period and a fine not combination in the form of a trust or otherwise, in restraint
D. Title Four - Crimes against Public to exceed Two hundred thousand pesos (P200.000), if the amount of trade or commerce or to prevent by artificial means free
Interest (Articles 161-187) in controversy shall not exceed said amount, or cannot be competition in the market;
estimated. (As amended by Sec. 32, RA No. 10951)
2. Any person who shall monopolize any merchandise or
Article 183. False testimony in other cases and perjury in solemn
object of trade or commerce, or shall combine with any
affirmation. - The penalty of prision mayor in its minimum period
other person or persons to monopolize said merchandise
NOTES: shall be imposed upon any person who, knowingly making
untruthful statements and not being included in the provisions of or object in order to alter the price thereof by spreading
the next preceding articles, shall testify under oath, or make an false rumors or making use of any other artifice to restrain
affidavit, upon any material matter before a competent person free competition in the market;
authorized to administer an oath in cases in which the law so
requires. 3. Any person who, being an importer of any merchandise
or object of commerce from any foreign country or from the
Any person who, in case of a solemn affirmation made in lieu of an United States, shall combine in any manner with other
oath, shall commit any of the falsehoods mentioned in this and the persons for the purpose of making transactions prejudicial
three preceding articles of this section, shall suffer the respective
to lawful commerce, or of increasing the market price in
penalties provided therein: Provided, That is the person
any part of the Philippine Islands of any article or articles
responsible for the commission of this felony is a public officer or
imported or intended to be imported into said Islands, or of
employee, the penalty shall be imposed in its maximum period:
Provided, finally, That the offender shall also suffer a fine not to any article in the manufacture of which an imported article
exceed One million pesos (P1,000,000.00) and perpetual absolute is used.
disqualification from holding any appointive or elective position in
the government or in any agency, entity, or instrumentality thereof. If the offense mentioned in this article affects any food
substance or other article of prime necessity, the penalty
Article 184. Offering false testimony in evidence. - Any person shall be that of prisión correccional in its medium and
who shall willfully and knowingly offer in evidence a false witness maximum periods, it being sufficient for the imposition
or testimony in any judicial or official proceeding, shall be thereof that the initial steps have been taken toward
punished as guilty of false testimony and shall suffer the
carrying out the purposes of the combination.
respective penalties provided in this section.

Any property possessed under any contract or by any

Frauds combination mentioned in the preceding paragraphs, and
being the subject thereof, shall be forfeited to the
Machinations, Monopolies, and Combinations Government of the Philippine Islands.

ARTICLE 185. Machinations in Public Auctions. — Any person who Whenever any of the offenses described above is
shall solicit any gift or a promise as a consideration for refraining committed by a corporation or association, the president
from taking part in any public auction, and any person who shall and each one of the directors or managers of said
attempt to cause bidders to stay away from an auction by threats, corporation or association, or its agents or representative
gifts, promises, or any other artifice, with intent to cause the in the Philippine Islands, in case of a foreign corporation or
reduction of the price of the thing auctioned, shall suffer the
association, who shall have knowingly permitted or failed
penalty of prisión correccional in its minimum period and a fine
to prevent the commission of such offenses, shall be held
ranging from 10 to 50 per centum of the value of the thing
auctioned. liable as principals thereof.

ARTICLE 186. Monopolies and Combinations in Restraint of Trade.

— The penalty of prision correccional in its minimum period or a
fine ranging from 200 to 6,000 pesos, or both, shall be imposed

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 Frauds in Commerce and Industry

ARTICLE 187. Importation and Disposition of Falsely Marked

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Articles or Merchandise Made of Gold, Silver, or Other Precious
Metals or Their Alloys. — hall be deemed to fail to indicate the Crimes Committed by Public Officers
III. REVISED PENAL CODE – BOOK
actual fineness of the article on which it is engraved, printed,
TWO
stamped, labeled or attached, when the test of the article shows Preliminary Provisions
D. Title Four - Crimes against Public that the quality or fineness thereof is less by more than one-half
Interest (Articles 161-187) karat, if made of gold, and less by more than four one- ARTICLE 203. Who are Public Officers. — For the purpose
E. Title Six - Crimes against Public Morals
thousandth, if made of silver, than what is shown by said stamp, of applying the provisions of this and the preceding titles
(Articles 200-201) brand, label or mark. But in case of watch cases and flatware of this book, any person who, by direct provision of the law,
made of gold, the actual fineness of such gold shall not be less popular election or appointment by competent authority,
F. Title Seven - Crimes Committed by
Public Officers (Articles 203-245)
by more than three one-thousandth than the fineness indicated shall take part in the performance of public functions in the
by said stamp, brand, label, or mark. (As amended by Sec. 33, Government of the Philippine Islands, or shall perform in
RA No. 10951)
said Government or in any of its branches public duties as
NOTES: an employee, agent or subordinate official, of any rank or
Offenses Against Decency and Good Customs
class, shall be deemed to be a public officer.
ARTICLE 200. Grave Scandal. — The penalties of arresto mayor
and public censure shall be imposed upon any person who shall Malfeasance and Misfeasance in Office
offend against decency or good customs by any highly
scandalous conduct not expressly falling within any other article Dereliction of Duty
of this Code.
ARTICLE 204. Knowingly Rendering Unjust Judgment. —
ARTICLE 201. Immoral Doctrines, Obscene Publications and Any judge who shall knowingly render an unjust judgment in
Exhibitions. — The penalty of prision mayor or a fine ranging any case submitted to him for decision, shall be punished
from Twenty thousand pesos (P20,000) to Two hundred thousand by prisión mayor and perpetual absolute disqualification.
pesos (P200,000), or both such imprisonment and fine, shall be
imposed upon: ARTICLE 205. Judgment Rendered Through Negligence. —
Any judge who, by reason of inexcusable negligence or
1. Those who shall publiclyexpound or proclaim doctrines openly ignorance, shall render a manifestly unjust judgment in any
contrary to public morals;
case submitted to him for decision shall be punished by
arresto mayor and temporary special disqualification.
2. a. The authors of obscene literature, published with their
knowledge in any form: the editors publishing such literature; and
ARTICLE 206. Unjust Interlocutory Order. — Any judge who
the owners/ operators of the establishment selling the same;
shall knowingly render an unjust interlocutory order or
"b. Those who. in theaters, fairs, cinematographs or any other decree shall suffer the penalty of arresto mayor in its
place, exhibit indecent or immoral plays, scenes, acts or shows, minimum period and suspension; but if he shall have acted
it being understood that the obscene literature or indecent or by reason of inexcusable negligence or ignorance and the
immoral plays, scenes, acts or shows, whether live or in film, interlocutory order or decree be manifestly unjust, the
which are prescribed by virtue hereof, shall include those which: penalty shall be suspension.
(1) glorify criminals or condone crimes; (2) serve no other
purpose but to satisfy the market for violence, lust or ARTICLE 207. Malicious Delay in the Administration of
pornography: (3) offend any race or religion: (4) tend to abet Justice. — The penalty of prisión correccional in its
traffic in and use of prohibited drugs: and (5) are contrary to law, minimum period shall be imposed upon any judge guilty of
public order, morals, and good customs, established policies, malicious delay in the administration of justice.
lawful orders, decrees and edicts; and

3. Those who shall sell, give away or exhibit films, prints,

engravings, sculpture or literature which are offensive to morals.
(As amended by Sec. 34, RA No. 10951)

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 ARTICLE 208. Prosecution of Offenses; Negligence and
Tolerance. — The penalty of prisión correccional in its minimum
period and suspension shall be imposed upon any public officer,
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or officer of the law, who, in dereliction of the duties of his
office, shall maliciously refrain from instituting prosecution for In addition to the penalties provided in the preceding
III. REVISED PENAL CODE – BOOK
the punishment of violators of the law, or shall tolerate the paragraphs, the culprit shall suffer the penalty of special
TWO temporary disqualification.
commission of offenses.
F. Title Seven - Crimes Committed by
Public Officers (Articles 203-245) ARTICLE 209. Betrayal of Trust by an Attorney or Solicitor — The provisions contained in the preceding paragraphs shall be
Revelation of Secrets. — In addition to the proper administrative made applicable to assessors, arbitrators, appraisal and claim
action, the penalty of prision correccional in its minimum period, commissioners, experts or any other persons performing public
or a fine ranging from Forty thousand pesos (P40,000) to Two duties. (As Amended by BP Blg 871)
hundred thousand pesos (P200,000), or both, shall be imposed
upon any attorney-at-law or any person duly authorized to
represent and/or assist a party to a case who, by any malicious ARTICLE 211. Indirect Bribery. — The penalties of prision
NOTES: breach of professional duty or of inexcusable negligence or correccional in its medium and maximum periods, suspension
ignorance, shall prejudice his client, or reveal any of the secrets and public censure shall be imposed upon any public officer
of the latter learned by him in his professional capacity. who shall accept gifts offered to him by reason of his office.
(As Amended by BP Blg 871)
The same penalty shall be imposed upon an attorney-at4aw or
any person duly authorized to represent and/or assist a party to Art. 211-A. Qualified Bribery. – If any public officer is entrusted
a case who, having undertaken the defense of a client or having with law enforcement and he refrains from arresting or
received confidential information from said client in a case, shall prosecuting an offender who has committed a crime punishable
undertake the defense of the opposing party in the same case, by reclusion perpetua and/or death in consideration of any
without the consent of his first client. offer, promise, gift or present, he shall suffer the penalty for
(As amended by Sec. 36, RA No. 10951) the offense which was not prosecuted.

If it is the public officer who asks or demands such gift or

Bribery present, he shall suffer the penalty of death. (New Article
added by Sec. 4 of RA 7659)
ARTICLE 210. Direct Bribery. — Any public officer who shall
agree to perform an act constituting a crime, in connection with ARTICLE 212. Corruption of Public Officials. — The same
the performance of his official duties, in consideration of any penalties imposed upon the officer corrupted, except those of
offer, promise, gift or present received by such officer, disqualification and suspension, shall be imposed upon any
personally or through the mediation of another, shall suffer the person who shall have made the offers or promises or given
penalty of prision mayor in its medium and maximum periods and the gifts or presents as described in the preceding articles.
a fine of not less than three times the value of the gift, in
addition to the penalty corresponding to the crime agreed upon,
if the same shall have been committed. Frauds and Illegal Exactions and Transactions

If the gift was accepted by the officer in consideration of the ARTICLE 213. Frauds Against the Public Treasury and Similar
execution of an act which does not constitute a crime, and the Offenses. — The penalty of prision correccional in its medium
officer executed said act, he shall suffer the same penalty period to prision mayor in its minimum period, or a fine ranging
provided in the preceding paragraph; and if said act shall not from Forty thousand pesos (P40.000)to Two million pesos
have been accomplished, the officer shall suffer the penalties of (P2,000,000), or both, shall be imposed upon any public officer
prision correccional in its medium period and a fine of not less who:
than twice the value of such gift.
1. In his official capacity, in dealing with any person with regard
If the object for which the gift was received or promised was to to furnishing supplies, the making of contracts, or the
make the public officer refrain from doing something which it adjustment or settlement of accounts relating to public
was his official duty to do, he shall suffer the penalties of prision property or funds, shall enter into an agreement with any
correccional in its maximum period to prision mayor in its interested party or speculator or make use of any other
minimum period and a fine of not less than three times the value scheme, to defraud the Government:
of such gift.
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 2. Being entrusted with the collection of taxes, licenses, fees
and other imposts, shall be guilty of any of the following acts
or omissions:
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Malversation of Public Funds or Property
(a) Demanding, directly or indirectly, the payment of sums
III. REVISED PENAL CODE – BOOK
different from or larger than those authorized by law.
TWO ARTICLE 217. Malversation of Public Funds or Property —
Presumption of Malversation. — Any public officer who, by
F. Title Seven - Crimes Committed by (b) Failing voluntarily to issue a receipt, as provided by law. for
Public Officers (Articles 203-245) reason of the duties of his office, is accountable for public funds
any sum of money collected by him officially. or property, shall appropriate the same, or shall take or
misappropriate or shall consent, through abandonment or
(c) Collecting or receiving, directly or indirectly, by way of negligence, shall permit any other person to take such public
payment or otherwise things or objects of a nature different funds or property, wholly or partially, or shall otherwise be guilty
from that provided by law. of the misappropriation or malversation of such funds or
property, shall suffer:
When the culprit is an officer or employee of the Bureau of
NOTES: Internal Revenue or the Bureau of Customs, the provisions of 1. The penalty of prision correccional in its medium and maximum
the Administrative Code shall be applied. (As amended by Sec. periods, if the amount involved in the misappropriation or
37, RA No. 10951) malversation does not exceed Forty thousand pesos (P40,000).

ARTICLE 214. Other Frauds. — In addition to the penalties 2. The penalty of prision mayor in its minimum and medium
prescribed in the provisions of Chapter Six, Title Ten, Book periods, if the amount involved is more than Forty thousand
Two, of this Code, the penalty of temporary special pesos (P40,000) but does not exceed One million two hundred
disqualification in its maximum period to perpetual special thousand pesos (P1,200,000).
disqualification shall be imposed upon any public officer who,
3. The penalty of prision mayor in its maximum period to
taking advantage of his official position, shall commit any of
reclusion temporal in its minimum period, if the amount involved
the frauds or deceits enumerated in said provisions.
is more than One million two hundred thousand pesos
(P1,200,000) but does not exceed Two million four hundred
ARTICLE 215. Prohibited Transactions. — The penalty of thousand pesos (P2,400.000).
prision correccional in its minimum period or a fine ranging from
Forty thousand pesos (P40,000) to Two hundred thousand 4. The penalty of reclusion temporal, in its medium and maximum
pesos (P200,000), or both., shall be imposed upon any periods, if the amount involved is more than Two million four
appointive public officer who, during his incumbency, shall hundred thousand pesos (P2,400,000) but does not exceed Four
directly or indirectly become interested in any transaction of million four hundred thousand pesos (P4,400,000).
exchange or speculation within the territory subject to his
jurisdiction. (As amended by Sec. 38, RA No. 10951) 5. The penalty of reclusion temporal in its maximum period, if the
amount involved is more than Four million four hundred thousand
ARTICLE 216. Possession of Prohibited Interest by a Public pesos (P4,400,000) but does not exceed Eight million eight
Officer. — The penalty of arresto mayor in its medium period to hundred thousand pesos (P8,800,000). If the amount exceeds
prision correccional in its minimum period, or a fine ranging the latter, the penalty shall be reclusion perpetua.
from Forty thousand pesos (P40,000) to Two hundred thousand
pesos (P200,000) or both, shall be imposed upon a public In all cases, persons guilty of malversation shall, also suffer the
officer who directly or indirectly, shall become interested in penalty of perpetual special disqualification and a fine equal to
the amount of the funds malversed or equal to the total value of
any contract or business in which it is his official duty to
the property embezzled.
intervene.
The failure of a public officer to have duly forthcoming any
This provision is applicable to experts, arbitrators and private
public funds or property with which he is chargeable, upon
accountants who, in like manner, shall take part in any contract
demand by any duly authorized officer, shall be prima facie
or transaction connected with the estate or property in evidence that he has put such missing funds or property to
appraisal, distribution or adjudication of which they shall have personal uses. (As amended by Sec. 40, RA No. 10951)
acted, and to guardians and executors with respect to the
property belonging to their wards or estate. (As amended by
Sec. 39, RA No. 10951)

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 ARTICLE 218. Failure of Accountable Officer to Render
Accounts. — Any public officer, whether in the service or
separated therefrom by resignation or any other cause, who is
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required by law or regulation to render account to the
Commission on Audit, or to a provincial auditor and who fails to ARTICLE 222. Officers Included in the Preceding
III. REVISED PENAL CODE – BOOK Provisions. — The provisions of this chapter shall apply to
do so for a period of two (2) months after such accounts
TWO
should be rendered, shall be punished by prision correccional private individuals who, in any capacity whatever, have
F. Title Seven - Crimes Committed by in its minimum period, or by a fine ranging from Forty thousand charge of any Insular, provincial or municipal funds,
Public Officers (Articles 203-245)
pesos (P40,000) to One million two hundred thousand pesos revenues or property and to any administrator or
(P1,200,000), or both. (As amended by Sec. 41, RA No. 10951) depository of funds or property attached, seized or
deposited by public authority, even if such property
ARTICLE 219. Failure of a Responsible Public Officer to belongs to a private individual.
Render Accounts Before Leaving the Country. — Any public
officer who unlawfully leaves or attempts to leave the Infidelity of Public Officers
Philippines without securing a certificate from the Commission
NOTES: on Audit showing that his accounts have been finally settled, Infidelity in the Custody of Prisoners
shall be punished by arresto mayor, or a fine ranging from Forty
thousand pesos (P40,000) to Two hundred thousand pesos ARTICLE 223. Conniving With or Consenting to Evasion. —
(P200,000), or both. (As amended by Sec. 42, RA No. 10951) Any public officer who shall consent to the escape of a
prisoner in his custody or charge, shall be punished:
ARTICLE 220. Illegal Use of Public Funds or Property. — Any
public officer who shall apply any public fund or property under 1. By prisión correccional in its medium and maximum
his administration to any public use other than that for which periods and temporary special disqualification in its
such fund or property were appropriated by law or ordinance maximum period to perpetual special disqualification, if the
shall suffer the penalty of prisión correccional in its minimum
fugitive shall have been sentenced by final judgment to any
period or a fine ranging from one-half to the total of the sum
penalty.
misapplied, if by reason of such misapplication, any damage or
embarrassment shall have resulted to the public service. In
2. By prision correccional in its minimum period and
either case, the offender shall also suffer the penalty of
temporary special disqualification, in case the fugitive shall
temporary special disqualification.
not have been finally convicted but only held as a detention
prisoner for any crime or violation of law or municipal
If no damage or embarrassment to the public service has
resulted, the penalty shall be a fine from 5 to 50 per cent of ordinance.
the sum misapplied.
ARTICLE 224. Evasion Through Negligence. — If the
ARTICLE 221. Failure to Make Delivery of Public Funds or evasion of the prisoner shall have taken place through the
Property. — Any public officer under obligation to make negligence of the officer charged with the conveyance or
payment from Government funds in his possession,, who shall custody of the escaping prisoner, said officer shall suffer
fail to make such payment, shall be punished by arresto mayor the penalties of arresto mayor in its maximum period to
and a fine from five (5) to twenty-five (25) percent of the sum prisión correccional in its minimum period and temporary
which he failed to pay. special disqualification.

"This provision shall apply to any public officer who, being ARTICLE 225. Escape of Prisoner Under the Custody of a
ordered by competent authority to deliver any property in his Person Not a Public Officer. — Any private person to whom
custody or under his administration, shall refuse to make such the conveyance or custody of a prisoner or person under
delivery. arrest shall have been confided, who shall commit any of
the offenses mentioned in the two preceding articles, shall
"The fine shall be graduated in such ease by the value of the suffer the penalty next lower in degree than that
thing: Provided, That it shall not be less than Ten thousand prescribed for the public officer.
pesos (P 10,000). (As amended by Sec. 43, RA No. 10951)

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 Infidelity in the Custody of Documents

ARTICLE 226. Removal, Concealment or Destruction of

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Documents. — Any public officer who shall remove, destroy or
conceal documents or papers officially entrusted to him, shall ARTICLE 230. Public Officer Revealing Secrets of Private
III. REVISED PENAL CODE – BOOK
suffer: Individual. — Any public officer to whom the secrets of any
TWO private individual shall become known by reason of his office
who shall reveal such secrets. shall suffer the penalties of
F. Title Seven - Crimes Committed by 1. The penalty of prision mayor and a fine not exceeding Two
arresto mayor and a fine not exceeding Two hundred thousand
Public Officers (Articles 203-245) hundred thousand pesos (P200,000), whenever serious damage
pesos (P200,000). (As amended by Sec. 48, RA No. 10951)
shall have been caused thereby to a third party or to the public
interest.
Other Offenses or Irregularities by Public Officers

2. The penalty of prision correccional in its minimum and medium

Disobedience, Refusal of Assistance and Maltreatment of
period and a fine not exceeding Two hundred thousand pesos
Prisoners
(P200.000). whenever the damage caused to a third party or to
NOTES: the public interest shall not have been serious.
ARTICLE 231. Open Disobedience. — Any judicial or executive
officer who shall openly refuse to execute the judgment,
In either case, the additional penalty of temporary special decision or order of any superior authority made within the
disqualification in its maximum period to perpetual scope of the jurisdiction of the latter and issued with all the
disqualification shall be imposed. (As amended by Sec. 44, RA legal formalities, shall suffer the penalties of arresto mayor in its
No. 10951) medium period to prision correccional in its minimum period,
temporary special disqualification in its maximum period and a
ARTICLE 227. Officer Breaking Seal. — Any public officer fine not. exceeding Two hundred thousand pesos (P200,000).
charged with the custody of papers or property sealed by proper (As amended by Sec. 49, RA No. 10951)
authority, who shall break the seals or permit them to be broken,
shall suffer the penalties of prision correccional in its minimum ARTICLE 232. Disobedience to Order of Superior Officer, When
and medium periods, temporary special disqualification and a Said Order Was Suspended by Inferior Officer. — Any public
fine not exceeding Four hundred thousand pesos (P400,000). (As officer who, having for any reason suspended the execution of
amended by Sec. 45, RA No. 10951) the orders of his superiors, shall disobey such superiors after
the latter have disapproved the suspension, shall suffer the
ARTICLE 228. Opening of Closed Documents. — Any public penalties of prisión correccional in its minimum and medium
officer not included in the provisions of the next preceding periods and perpetual special disqualification.
article who, without proper authority, shall open or shall permit
to be opened any closed papers, documents or objects ARTICLE 233. Refusal of Assistance. — The penalties of arresto
entrusted to his custody, shall suffer the penalties of arresto mayor in its medium period to prision correccional in its minimum
mayor, temporary special disqualification and a fine not period, perpetual special disqualification and a fine not
exceeding Four hundred thousand pesos (P400,000). (As exceeding Two hundred thousand pesos (P200,000), shall be
amended by Sec. 46, RA No. 10951) imposed upon a public officer who. upon demand from
competent authority, shall fail to lend his cooperation towards
Revelation of Secrets the administration of justice or other public service, if such
failure shall result in serious damage to the public interest, or to
ARTICLE 229. Revelation of Secrets by an Officer. — Any public a third party: otherwise, arresto mayor in its medium and
officer who shall reveal any secret known to him by reason of his maximum periods and a fine not exceeding One hundred
official capacity, or shall wrongfully deliver papers or copies of thousand pesos (P 100,000) shall be imposed. (As amended by
papers of which he may have charge and which should not. be Sec. 50, RA No. 10951)
published, shall suffer the penalties of prision correccional in its
ARTICLE 234. Refusal to Discharge Elective Office. — The
medium and maximum periods, perpetual special disqualification
penalty of arresto mayor or a fine not exceeding Two hundred
and a fine not exceeding Four hundred thousand pesos
thousand pesos (P200,000), or both, shall be imposed upon any
(P400,000) if the revelation of such secrets or the delivery of
person who. having been elected by popular election to a public
such papers shall have caused serious damage to the public
office, shall refuse without legal motive to be sworn in or to
interest: otherwise, the penalties of prision correccional in its
discharge the duties of said office. (As amended by Sec. 51, RA
minimum period, temporary special, disqualification and a fine
No. 10951)
not exceeding One hundred thousand pesos (P100.000) shall be
imposed. (As amended by Sec. 47, RA No. 10951)
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 ARTICLE 235. Maltreatment of Prisoners. — The penalty of
prision correccional in its medium period to prision mayor in its
minimum period, in addition to his liability for the physical injuries
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or damage caused, shall be imposed upon any public officer or
employee who shall overdo himself in the correction or handling Usurpation of Powers and Unlawful Appointments
III. REVISED PENAL CODE – BOOK
of a prisoner or detention prisoner under his charge, by the
TWO ARTICLE 239. Usurpation of Legislative Powers. — The
imposition of punishments not authorized by the regulations, or
F. Title Seven - Crimes Committed by by inflicting such punishments in a cruel and humiliating manner. penalties of prision correccional in its minimum period,
Public Officers (Articles 203-245) temporary special disqualification and a fine not exceeding
If the purpose of the maltreatment is to extort a confession, or Two hundred thousand pesos (P200,000) shall be imposed
to obtain some information from the prisoner, the offender shall upon any public officer who shall encroach upon the powers of
be punished by prision mayor in its minimum period, temporary the legislative branch of the Government, either by making
special disqualification and a fine not exceeding One hundred general rules or regulations beyond the scope of his authority,
thousand pesos (P100,000), in addition to his liability for the or by attempting to repeal a law or suspending the execution
physical injuries or damage caused. (As amended by Sec. 52, RA thereof. (As amended by Sec. 55, RA No. 10951)
NOTES: No. 10951)
ARTICLE 240. Usurpation of Executive Functions. — Any judge
Anticipation, Prolongation and Abandonment of the Duties and who shall so assume any power pertaining to the executive
Powers of Public Office authorities, or shall obstruct the latter in the lawful exercise of
their powers, shall suffer the penalty of arresto mayor in its
ARTICLE 236. Anticipation of Duties of a Public Office. — Any medium period to prisión correccional in its minimum period.
person who shall assume the performance of the duties and
powers of any public officer or employment, without first, being ARTICLE 241. Usurpation of Judicial Functions. — The penalty
sworn in or having given the bond required by law. shall be of arresto mayor in its medium period to prisión correccional in
suspended from such office or employment until he shall have its minimum period shall be imposed upon any officer of the
complied with the respective formalities and shall be fined from executive branch of the Government who shall assume judicial
Forty thousand pesos (P40,000) to One hundred thousand pesos powers or shall obstruct the execution of any order or decision
(P100,000). (As amended by Sec. 53, RA No. 10951) rendered by any judge within his jurisdiction.

ARTICLE 237. Prolonging Performance of Duties and Powers. — ARTICLE 242. Disobeying Request for Disqualification. — Any
Any public officer who shall continue to exercise the duties and public officer who, before the question of jurisdiction is
powers of his office, employment or commission, beyond the decided, shall continue any proceeding after having been
period provided by law. regulation or special provisions lawfully required to refrain from so doing, shall be punished by
applicable to the case, shall suffer the penalties of prision arresto mayor and a fine not exceeding One hundred thousand
correccional in its minimum period, special temporary pesos (P100,000). (As amended by Sec. 56, RA No. 10951)
disqualification in its minimum period and a fine not exceeding
One hundred thousand pesos (P100,000). (As amended by Sec. ARTICLE 243. Orders or Requests by Executive Officers to
54, RA No. 10951) Any Judicial Authority. — Any executive officer who shall
address any order or suggestion to any judicial authority with
ARTICLE 238. Abandonment of Office or Position. — Any public respect, to any case or business coming within the exclusive
officer who, before the acceptance of his resignation, shall jurisdiction of the courts of justice shall suffer the penalty of
abandon his office to the detriment of the public service shall arresto mayor and a fine not exceeding One hundred thousand
suffer the penalty of arresto mayor. pesos (P100,000). (As amended by Sec. 57, RA No. 10951)

If such office shall have been abandoned in order to evade the ARTICLE 244. Unlawful Appointments. — Any public officer
discharge of the duties of preventing, prosecuting or punishing who shall knowingly nominate or appoint to any public office
any of the crimes falling within Title One, and Chapter One of any person lacking the legal qualifications therefor, shal] suffer
Title Three of Book Two of this Code, the offender shall be the penalty of arresto mayor and a fine not exceeding Two
punished by prisión correccional in its minimum and medium hundred thousand pesos (P200,000). (As amended by Sec. 58,
periods, and by arresto mayor if the purpose of such RA No. 10951)
abandonment is to evade the duty of preventing, prosecuting or
punishing any other crime.

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 Abuses Against Chastity

ARTICLE 245. Abuses Against Chastity — Penalties. — The

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penalties of prisión correccional in its medium and maximum
(e) Causing any undue injury to any party, including the
III. REVISED PENAL CODE – BOOK
periods and temporary special disqualification shall be
Government, or giving any private party any unwarranted
TWO imposed:
benefits, advantage or preference in the discharge of his
F. Title Seven - Crimes Committed by official administrative or judicial functions through manifest
1. Upon any public officer who shall solicit or make immoral
Public Officers (Articles 203-245) partiality, evident bad faith or gross inexcusable
or indecent advances to a woman interested in matters
1. Anti-Graft and Corrupt Practices Act – negligence. This provision shall apply to officers and
pending before such officer for decision, or with respect to
R.A. No. 3019, as amended by B.P. Blg. 195 employees of offices or government corporations charged
and R.A. No. 10910, secs. 2-6, 9 and 11 which he is required to submit a report to or consult with a
with the grant of licenses or permits or other concessions.
superior officer;
(f) Neglecting or refusing, after due demand or request,
2. Any warden or other public officer directly charged with
without sufficient justification, to act within a reasonable
NOTES: the care and custody of prisoners or persons under arrest
time on any matter pending before him for the purpose of
who shall solicit or make immoral or indecent advances to a
obtaining, directly or indirectly, from any person interested
woman under his custody.
in the matter some pecuniary or material benefit or
advantage, or for the purpose of favoring his own interest
If the person solicited be the wife, daughter, sister or
or giving undue advantage in favor of or discriminating
relative within the same degree by affinity of any person in
against any other interested party.
the custody of such warden or officer, the penalties shall be
prisión correccional in its minimum and medium periods and
(g) Entering, on behalf of the Government, into any contract
temporary special disqualification.
or transaction manifestly and grossly disadvantageous to
the same, whether or not the public officer profited or will
Anti-Graft and Corrupt Practices Act – R.A. No. 3019, as
profit thereby.
amended by B.P. Blg. 195 and R.A. No. 10910
(h) Directly or indirectly having financial or pecuniary
Section 2. Definition of terms. — As used in this Act, the
interest in any business, contract or transaction in
term —
connection with which he intervenes or takes part in his
(a) "Government" includes the national government, the local
official capacity, or in which he is prohibited by the
governments, the government-owned and government-
Constitution or by any law from having any interest.
controlled corporations, and all other instrumentalities or
agencies of the Republic of the Philippines and their
(i) Directly or indirectly becoming interested, for personal
branches.
gain, or having a material interest in any transaction or act
requiring the approval of a board, panel or group of which
(b) "Public officer" includes elective and appointive officials
he is a member, and which exercises discretion in such
and employees, permanent or temporary, whether in the
approval, even if he votes against the same or does not
classified or unclassified or exempt service receiving
participate in the action of the board, committee, panel or
compensation, even nominal, from the government as
group. Interest for personal gain shall be presumed against
defined in the preceding subparagraph.
those public officers responsible for the approval of
manifestly unlawful, inequitable, or irregular transaction or
(c) "Receiving any gift" includes the act of accepting directly
acts by the board, panel or group to which they belong.
or indirectly a gift from a person other than a member of the
public officer's immediate family, in behalf of himself or of
(j) Knowingly approving or granting any license, permit,
any member of his family or relative within the fourth civil
privilege or benefit in favor of any person not qualified for
degree, either by consanguinity or affinity, even on the
or not legally entitled to such license, permit, privilege or
occasion of a family celebration or national festivity like
advantage, or of a mere representative or dummy of one
Christmas, if the value of the gift is under the circumstances
who is not so qualified or entitled.
manifestly excessive.

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(d) "Person" includes natural and juridical persons unless the
www.lexmond.ph context indicates otherwise. 52
 (k) Divulging valuable information of a confidential character,
acquired by his office or by him on account of his official
position to unauthorized persons, or releasing such
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information in advance of its authorized release date. The
Section 6. Prohibition on Members of Congress. — It shall
III. REVISED PENAL CODE – BOOK
person giving the gift, present, share, percentage or benefit
be unlawful hereafter for any Member of the Congress
TWO referred to in subparagraphs (b) and (c); or offering or giving
during the term for which he has been elected, to acquire
to the public officer the employment mentioned in
F. Title Seven - Crimes Committed by or receive any personal pecuniary interest in any specific
subparagraph (d); or urging the divulging or untimely release
Public Officers (Articles 203-245) business enterprise which will be directly and particularly
of the confidential information referred to in subparagraph (k)
1. Anti-Graft and Corrupt Practices Act – favored or benefited by any law or resolution authored by
of this section shall, together with the offending public
R.A. No. 3019, as amended by B.P. Blg. 195 him previously approved or adopted by the Congress
and R.A. No. 10910, secs. 2-6, 9 and 11 officer, be punished under Section nine of this Act and shall
during the same term. The provision of this section shall
be permanently or temporarily disqualified in the discretion
apply to any other public officer who recommended the
of the Court, from transacting business in any form with the
initiation in Congress of the enactment or adoption of any
Government.
law or resolution, and acquires or receives any such
NOTES: interest during his incumbency. It shall likewise be unlawful
Section 4. Prohibition on private individuals. — (a) It shall be
for such member of Congress or other public officer, who,
unlawful for any person having family or close personal
having such interest prior to the approval of such law or
relation with any public official to capitalize or exploit or take
resolution authored or recommended by him, continues for
advantage of such family or close personal relation by
thirty days after such approval to retain such interest.
directly or indirectly requesting or receiving any present, gift
or material or pecuniary advantage from any other person
SEC. 9. Penalties for violations.— (a) Any public officer or
having some business, transaction, application, request or
private person committing any of the unlawful acts or
contract with the government, in which such public official
omissions enumerated in Sections 3, 4, 5 and 6 of this Act
has to intervene. Family relation shall include the spouse or
shall be punished with imprisonment for not less than six
relatives by consanguinity or affinity in the third civil degree.
years and one month nor more than fifteen years, perpetual
The word "close personal relation" shall include close
disqualification from public office, and confiscation or
personal friendship, social and fraternal connections, and
forfeiture in favor of the Government of any prohibited
professional employment all giving rise to intimacy which
interest and unexplained wealth manifestly out of
assures free access to such public officer.
proportion to his salary and other lawful income.
(b) It shall be unlawful for any person knowingly to induce or
cause any public official to commit any of the offenses
Any complaining party at whose complaint the criminal
defined in Section 3 hereof.
prosecution was initiated shall, in case of conviction of the
accused, be entitled to recover in the criminal action with
Section 5. Prohibition on certain relatives. — It shall be
priority over the forfeiture in favor of the Government, the
unlawful for the spouse or for any relative, by consanguinity
amount of money or the thing he may have given to the
or affinity, within the third civil degree, of the President of
accused, or the fair value of such thing.
the Philippines, the Vice-President of the Philippines, the
President of the Senate, or the Speaker of the House of
(b) Any public officer violating any of the provisions of
Representatives, to intervene, directly or indirectly, in any
Section 7 of this Act shall be punished by a fine of not less
business, transaction, contract or application with the
than one thousand pesos nor more than five thousand
Government: Provided, That this section shall not apply to
pesos, or by imprisonment not exceeding one year and six
any person who, prior to the assumption of office of any of
months, or by both such fine and imprisonment, at the
the above officials to whom he is related, has been already
discretion of the Court.
dealing with the Government along the same line of business,
nor to any transaction, contract or application already
The violation of said section proven in a proper
existing or pending at the time of such assumption of public
administrative proceeding shall be sufficient cause for
office, nor to any application filed by him the approval of
removal or dismissal of a public officer, even if no criminal
which is not discretionary on the part of the official or
prosecution is instituted against him.
officials concerned but depends upon compliance with
requisites provided by law, or rules or regulations issued

Criminal Law
pursuant to law, nor to any act lawfully performed in an
www.lexmond.ph official capacity or in the exercise of a profession. 53
 SEC. 11. Prescription of offenses.—All offenses punishable
under this Act shall prescribe in fifteen years.
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5) By establishing agricultural, industrial or commercial
III. REVISED PENAL CODE – BOOK
REPUBLIC ACT NO. 7080
monopolies or other combinations and/or implementation
TWO
of decrees and orders intended to benefit particular
AN ACT DEFINING AND PENALIZING THE CRIME OF PLUNDER
F. Title Seven - Crimes Committed by persons or special interests; or
Public Officers (Articles 203-245)
Section 1. Definition of Terms. — As used in this Act, the
1. Anti-Graft and Corrupt Practices Act – 6) By taking undue advantage of official position, authority,
term —
R.A. No. 3019, as amended by B.P. Blg. 195 relationship, connection or influence to unjustly enrich
and R.A. No. 10910, secs. 2-6, 9 and 11
himself or themselves at the expense and to the damage
a) “Public Officer” means any person holding any public
2. Anti-Plunder Act – R.A. No. 7080, as and prejudice of the Filipino people and the Republic of the
amended by R.A. No. 7659
office in the Government of the Republic of the Philippines
Philippines.
a. Definition of Terms – Section 1 by virtue of an appointment, election or contract.
b. Definition of the Crime of Plunder –
Section 2 Section 2. Definition of the Crime of Plunder; Penalties.—
c. Series and Combination b) “Government” includes the National Government, and any
Any public officer who, by himself or in connivance with
d. Pattern of its subdivisions, agencies or instrumentalities, including
e. Wheel and Chain Conspiracy members of his family, relatives by affinity or
government-owned or -controlled corporations and their
consanguinity, business associates, subordinates or other
subsidiaries.
persons, amasses, accumulates or acquires ill-gotten
wealth through a combination or series of overt or criminal
c) “Person” includes any natural or juridical person, unless
acts as described in Section 1(d) hereof in the aggregate
NOTES: the context indicates otherwise.
amount or total value of at least Fifty million pesos
(P50,000,000.00) shall be guilty of the crime of plunder
d) “Ill-gotten wealth” means any asset, property, business
and shall be punished by reclusion perpetua to death. Any
enterprise or material possession of any person within the
person who participated with the said public officer in the
purview of Section Two (2) hereof, acquired by him directly
commission of an offense contributing to the crime of
or indirectly through dummies, nominees, agents,
plunder shall likewise be punished for such offense. In the
subordinates and/or business associates by any combination
imposition of penalties, the degree of participation and the
or series of the following means or similar schemes:
attendance of mitigating and extenuating circumstances, as
provided by the Revised Penal Code, shall be considered
1) Through misappropriation, conversion, misuse, or
by the court. The court shall declare any and all ill-gotten
malversation of public funds or raids on the public treasury;
wealth and their interests and other incomes and assets
including the properties and shares of stocks derived from
2) By receiving, directly or indirectly, any commission, gift,
the deposit or investment thereof forfeited in favor of the
share, percentage, kickbacks or any other form of pecuniary
State. (As amended by RA 7659, approved Dec. 13, 1993.)
benefit from any person and/or entity in connection with any
government 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 Government or any of its
subdivisions, agencies or instrumentalities or government-
owned or -controlled corporations and their subsidiaries;

4) By obtaining, receiving or accepting directly or indirectly

any shares of stock, equity or any other form of interest or
participation including the promise of future employment in
any business enterprise or undertaking;

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Criminal Law
 Crimes Against Persons

Destruction of Life
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4. On occasion of any of the calamities enumerated in the
III. REVISED PENAL CODE – BOOK
Parricide, Murder, Homicide
preceding paragraph, or of an earthquake, eruption of a
TWO
volcano, destructive cyclone, epidemic or other public
ARTICLE 246. Parricide. — Any person who shall kill his
G. Title Eight - Crimes Against Persons calamity.
(Articles 246-266-D)
father, mother, or child, whether legitimate of illegitimate, or
any of his ascendants, or descendants, or his spouse, shall
5. With evident premeditation.
be guilty of parricide and shall be punished by the penalty of
reclusion perpetua to death.
6. With cruelty, by deliberately and inhumanly augmenting
the suffering of the victim, or outraging or scoffing at his
ARTICLE 247. Death or Physical Injuries Inflicted Under
person or corpse. (As Amended by RA No. 7659)
Exceptional Circumstances. — Any legally married person
who, having surprised his spouse in the act of committing
ARTICLE 249. Homicide. — Any person who, not falling
sexual intercourse with another person, shall kill any of them
within the provisions of article 246 shall kill another without
or both of them in the act or immediately thereafter, or shall
the attendance of any of the circumstances enumerated in
inflict upon them any serious physical injury, shall suffer the
the next preceding article, shall be deemed guilty of
penalty of destierro.
homicide and be punished by reclusion temporal.

If he shall inflict upon them physical injuries of any other

ARTICLE 250. Penalty for Frustrated Parricide, Murder or
NOTES: kind, he shall be exempt from punishment.
Homicide. — The courts, in view of the facts of the case,
may impose upon the person guilty of the frustrated crime
These rules shall be applicable, under the same
of parricide, murder or homicide, defined and penalized in
circumstances, to parents with respect to their daughters
the preceding articles, a penalty lower by one degree than
under eighteen years of age, and their seducers, while the
that which should be imposed under the provision of article
daughters are living with their parents.
50.

Any person who shall promote or facilitate the prostitution of

The courts, considering the facts of the case, may likewise
his wife or daughter, or shall otherwise have consented to
reduce by one degree the penalty which under article 51
the infidelity of the other spouse shall not be entitled to the
should be imposed for an attempt to commit any of such
benefits of this article.
crimes.

ARTICLE 248. Murder. — Any person who, not falling within

ARTICLE 251. Death Caused in a Tumultuous Affray. —
the provisions of Article 246 shall kill another, shall be guilty
When, while several persons, not composing groups
of murder and shall be punished by reclusion perpetua, to
organized for the common purpose of assaulting and
death if committed with any of the following attendant
attacking each other reciprocally, quarrel and assault each
circumstances:
other in a confused and tumultuous manner, and in the
course of the affray someone is killed, and it cannot be
1. With treachery, taking advantage of superior strength, with
ascertained who actually killed the deceased, but the
the aid of armed men, or employing means to weaken the
person or persons who inflicted serious physical injuries
defense or of means or persons to insure or afford impunity.
can be identified, such person or persons shall be punished
2. In consideration of a price, reward or promise.
by prisión mayor.

3. By means of inundation, fire, poison, explosion, shipwreck,

If it cannot be determined who inflicted the serious
stranding of a vessel, derailment or assault upon a railroad,
physical injuries on the deceased, the penalty of prisión
fall of an airship, or by means of motor vehicles, or with the
correccional in its medium and maximum periods shall be
use of any other means involving great waste and ruin.
imposed upon all those who shall have used violence upon
the person of the victim.

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Criminal Law
 ARTICLE 252. Physical Injuries Inflicted in a Tumultuous
Affray. — When in a tumultuous affray as referred to in the
preceding article, only serious physical injuries are inflicted
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upon the participants thereof and the person responsible
2. The penalty of prisión mayor if, without using violence,
III. REVISED PENAL CODE – BOOK
therefor cannot be identified, all those who appear to have
he shall act without the consent of the woman.
TWO used violence upon the person of the offended party shall
suffer the penalty next lower in degree than that provided for
G. Title Eight - Crimes Against Persons 3. The penalty of prisión correccional in its medium and
the physical injuries so inflicted.
(Articles 246-266-D) maximum periods, if the woman shall have consented.

When the physical injuries inflicted are of a less serious

ARTICLE 257. Unintentional Abortion. — The penalty of
nature and the person responsible therefor cannot be
prisión correccional in its minimum and medium period shall
NOTES: identified, all those who appear to have used any violence
be imposed upon any person who shall cause an abortion
upon the person of the offended party shall be punished by
by violence, but unintentionally.
arresto from five to fifteen days.
ARTICLE 258. Abortion Practiced by the Woman Herself or
ARTICLE 253. Giving Assistance to Suicide. — Any person
by Her Parents. — The penalty of prisión correccional in its
who shall assist another to commit suicide shall suffer the
medium and maximum periods shall be imposed upon a
penalty of prisión mayor; if such person lends his assistance
woman who shall practice an abortion upon herself or shall
to another to the extent of doing the killing himself, he shall
consent that any other person should do so.
suffer the penalty of reclusión temporal. However, if the
suicide is not consummated, the penalty of arresto mayor in
Any woman who shall commit this offense to conceal her
its medium and maximum periods shall be imposed.
dishonor, shall suffer the penalty of prisión correccional in
its minimum and medium periods.
ARTICLE 254. Discharge of Firearms. — Any person who
shall shoot at another with any firearm shall suffer the
If this crime be committed by the parents of the pregnant
penalty of prisión correccional in its minimum and medium
woman or either of them, and they act with the consent of
periods, unless the facts of the case are such that the act
said woman for the purpose of concealing her dishonor, the
can be held to constitute frustrated or attempted parricide,
offenders shall suffer the penalty of prisión correccional in
murder, homicide or any other crime for which a higher
its medium and maximum periods.
penalty is prescribed by any of the articles of this Code.
ARTICLE 259. Abortion Practiced by a Physician or
Infanticide and Abortion
Midwife and Dispensing of Abortives. — The penalties
provided in Article 256 shall be imposed in its maximum
ARTICLE 255. Infanticide. — The penalty provided for
period, respectively, upon any physician or midwife who,
parricide in Article 246 and for murder in Article 248 shall be
taking advantage of their scientific knowledge or skill, shall
imposed upon any person who shall kill any child less than
cause an abortion or assist in causing the same.
three days of age.
Any pharmacist who, without the proper prescription from a
If any crime penalized in this Article be committed by the
physician, shall dispense any abortive shall suffer arresto
mother of the child for the purpose of concealing her
mayor and a fine not exceeding One hundred thousand
dishonor, she shall suffer the penalty of prision mayor in its
pesos (P100,000). (As Amended by Sec. 59, RA No. 10951)
medium and maximum periods, and if said crime be
committed for the same purpose by the maternal
grandparents or either of them, the penalty shall be reclusion
temporal. (As Amended by Sec. 7, RA No. 7659)

ARTICLE 256. Intentional Abortion. — Any person who shall

intentionally cause an abortion shall suffer:

1. The penalty of reclusión temporal, if he shall use any

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violence upon the person of the pregnant woman.
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 Duel

ARTICLE 260. Responsibility of Participants in a Duel. —

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The penalty of reclusión temporal shall be imposed upon any
3. The penalty of prisión correccional in its minimum and
III. REVISED PENAL CODE – BOOK
person who shall kill his adversary in a duel.
medium periods, if in consequence of the physical injuries
TWO
inflicted, the person injured shall have become deformed,
If he shall inflict upon the latter physical injuries only, he
G. Title Eight - Crimes Against Persons or shall have lost any other part of his body, or shall have
shall suffer the penalty provided therefor, according to their
(Articles 246-266-D) lost the use thereof, or shall have been ill or incapacitated
nature.
for the performance of the work in which he was habitually
engaged for a period of more than ninety days;
In any other case, the combatants shall suffer the penalty of
NOTES: arresto mayor, although no physical injuries have been
4. The penalty of arresto mayor in its maximum period to
inflicted.
prisión correccional in its minimum period, if the physical
The seconds shall in all events be punished as accomplices.
injuries inflicted shall have caused the illness or incapacity
for labor of the injured person for more than thirty days.
ARTICLE 261. Challenging to a Duel. — The penalty of
prisión correccional in its minimum period shall be imposed
If the offense shall have been committed against any of the
upon any person who shall challenge another, or incite
persons enumerated in article 246, or with attendance of
another to give or accept a challenge to a duel, or shall scoff
any of the circumstances mentioned in article 248, the
at or decry another publicly for having refused to accept a
case covered by subdivision number 1 of this article shall
challenge to fight a duel.
be punished by reclusión temporal in its medium and
maximum periods; the case covered by subdivision number
Physical Injuries
2 by prisión correccional in its maximum period to prisión
mayor in its minimum period; the case covered by
ARTICLE 262. Mutilation. — The penalty of reclusión
subdivision number 3 by prisión correccional in its medium
temporal to reclusión perpetua shall be imposed upon any
and maximum periods; and the case covered by subdivision
person who shall intentionally mutilate another by depriving
number 4 by prisión correccional in its minimum and
him, either totally or partially, of some essential organ for
medium periods.
reproduction.
The provisions of the preceding paragraph shall not be
Any other intentional mutilation shall be punished by prisión
applicable to a parent who shall inflict physical injuries
mayor in its medium and maximum periods.
upon his child by excessive chastisement.

ARTICLE 263. Serious Physical Injuries. — Any person who

ARTICLE 264. Administering Injurious Substances or
shall wound, beat, or assault another, shall be guilty of the
Beverages. — The penalties established by the next
crime of serious physical injuries and shall suffer:
preceding article shall be applicable in the respective
cases to any person who, without intent to kill, shall inflict
1. The penalty of prisión mayor, if in consequence of the
upon another any serious physical injury, by knowingly
physical injuries inflicted, the injured person shall become
administering to him any injurious substances or beverages
insane, imbecile, impotent, or blind;
or by taking advantage of his weakness of mind or
credulity.
2. The penalty of prisión correccional in its medium and
maximum periods, if in consequence of the physical injuries
ARTICLE 265. Less Serious Physical Injuries. — Any
inflicted, the person injured shall have lost the use of speech
person who shall inflict upon another physical injuries not
or the power to hear or to smell, or shall have lost an eye, a
described in the preceding articles, but which shall
hand, a foot, an arm, or a leg or shall have lost the use of any
incapacitate the offended party for labor for ten (10) days
such member, or shall have become incapacitated for the
or more, or shall require medical assistance for the same
work in which he was theretofore habitually engaged;
period, shall be guilty of less serious physical injuries and
shall suffer the penalty of arresto mayor.

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Criminal Law
 Whenever less serious physical injuries shall have been inflicted with the
manifest intent to insult or offend the injured person, or under
circumstances adding ignominy to the offense, in addition to the penalty
of arresto mayor, a fine not exceeding Fifty thousand pesos (P50,000)
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shall be imposed.
Article 266-B. Penalty. - Rape under paragraph 1 of the
III. REVISED PENAL CODE – BOOK next preceding article shall be punished by reclusion
Any less serious physical injuries inflicted upon the offenders parents,
TWO
ascendants, guardians, curators, teachers, or persons of rank, or persons perpetua.
G. Title Eight - Crimes Against Persons in authority, shall be punished by prision correccional in its minimum and
(Articles 246-266-D) medium periods: Provided, That in the case of persons in authority, the Whenever the rape is committed with the use of a deadly
deed does not constitute the crime of assault upon such persons. (As
weapon or by two or more persons, the penalty shall be
Amended by Sec. 60, RA No. 10951)
reclusion perpetua to death.
ARTICLE 266. Slight Physical Injuries and Maltreatment. — The crime of
NOTES:
slight physical injuries shall be punished: When by reason or on the occasion of the rape, the victim
has become insane, the penalty shall become reclusion
1. By arresto menor when the offender has inflicted physical injuries which
perpetua to death.
shall incapacitate the offended party for labor from one (1) to nine (9)
days, or shall require medical attendance during the same period.
When the rape is attempted and a homicide is committed
2. By arresto menor or a fine not exceeding Forty thousand pesos by reason or on the occasion thereof, the penalty shall be
(P40,000) and censure when the offender has caused physical injuries
reclusion perpetua to death.
which do not prevent the offended party from engaging in his habitual
work nor require medical assistance.

3. By arresto menor in its minimum period or a fine not exceeding Five When by reason or on the occasion ofthe rape, homicide is
thousand pesos (P5,000) when the offender shall ill-treat another by deed committed, the penalty shall be death.
without causing any injury. (As Amended by Sec. 61, RA No. 10951)

The death penalty shall also be imposed if the crime of

Rape rape is committed with any of the following
aggravating/qualifying circumstances:
Article 266-A. Rape: When And How Committed. - Rape is committed:

l) When the victim is under eighteen (18) years of age and

1) By a person who shall have carnal knowledge of another person under
any of the following circumstances: the offender is a parent, ascendant, step-parent, guardian,
relative by consanguinity or affinity within the third civil
a) Through force, threat, or intimidation; degree, or the common-law spouse of the parent of the
victim;
b) When the offended party is deprived of reason or otherwise
unconscious;
2) When the victim is under the custody of the police or
c) By means of fraudulent machination or grave abuse of authority; and military authorities or any law enforcement or penal
institution;
d) When the offended party is under sixteen (16) years of age or is
demented, even though none of the circumstances mentioned above be
present: Provided, That there shall be no criminal liability on the part of a 3) When the rape is committed in full view of the spouse,
person having carnal knowledge of another person under sixteen (16) parent, any of the children or other relatives within the third
years of age when the age difference between the parties is not more civil degree of consanguinity;
than three (3) years, and the sexual act in question is proven to be
consensual, non-abusive, and non-exploitative: Provided, further, That if
4) When the victim is a religious engaged in legitimate
the victim is under thirteen (13) years of age, this exception shall not
apply. religious vocation or calling and is personally known to be
such by the offender before or at the time of the
As used in this Act, non-abusive shall mean the absence of undue commission of the crime;
influence, intimidation, fraudulent machinations, coercion, threat, physical,
sexual, psychological, or mental injury or maltreatment, either with
intention or through neglect, during the conduct of sexual activities with
the child victim. On the other hand, non-exploitative shall mean there is no
actual or attempted act or acts of unfairly taking advantage of the child's
position of vulnerability, differential power, or trust during the conduct of

Criminal Law
sexual activities. (As amended by RA 11648)
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 5) When the victim is a child below seven (7) years old;

6) When the offender knows that he is afflicted with the

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Human Immuno-Deficiency Virus (HIV)/Acquired Immune
In case it is the legal husband who is the offender, the
III. REVISED PENAL CODE – BOOK
Deficiency Syndrome (AIDS) or any other sexually
subsequent forgiveness by the wife as the offended party
TWO transmissible disease and the virus or disease is transmitted
shall extinguish the criminal action or the penalty: Provided,
to the victim;
G. Title Eight - Crimes Against Persons That the crime shall not be extinguished or the penalty
(Articles 246-266-D) shall not be abated if the marriage is void ab initio.
7) When committed by any member of the Armed Forces of
1. Anti-Hazing Act of 2018 – R.A. No. 8049, the Philippines or para-military units thereof or the Philippine
as amended by R.A. No. 11053, secs. 2-3, 12 Article 266-D. Presumptions. - Any physical overt act
and 14 National Police or any law enforcement agency or penal
manifesting resistance against the act of rape in any
institution, when the offender took advantage of his position
NOTES: degree from the offended party, or where the offended
to facilitate the commission of the crime;
party is so situated as to render her/him incapable of giving
valid consent, may be accepted as evidence in the
8) When by reason or on the occasion of the rape, the victim
prosecution of the acts punished under Article 266-A.
has suffered permanent physical mutilation or disability;

9) When the offender knew of the pregnancy of the offended

REPUBLIC ACT No. 11053
party at the time of the commission of the crime; and
An Act Prohibiting Hazing and Regulating Other Forms of
10) When the offender knew of the mental disability,
Initiation Rites of Fraternities, Sororities, and Other
emotional disorder and/or physical handicap of the offended
Organizations, and Providing Penalties for Violations
party at the time of the commission of the crime.
Thereof, Amending for the Purpose Republic Act No.
8049, Entitled "An Act Regulating Hazing and Other Forms
Rape under paragraph 2 of the next preceding article shall
of Initiation Rites in Fraternities Sororities, and
be punished by prision mayor.
Organizations and Providing Penalties Therefor.

Whenever the rape is committed with the use of a deadly

Section 2. Definition of Terms. - As used in this Act:
weapon or by two or more persons, the penalty shall be
prision mayor to reclusion temporal.
(a) Hazing refers to any act that results in physical or
psychological suffering, harm, or injury inflicted on a
recruit, neophyte, applicant, or member as part of an
When by reason or on the occasion of the rape, the victim
initiation rite or practice made as a prerequisite for
has become insane, the penalty shall be reclusion temporal.
admission or a requirement for continuing membership in a
fraternity, sorority, or organization including, but not limited
When the rape is attempted and a homicide is committed by
to paddling, whipping, beating, branding, forced
reason or on the occasion thereof, the penalty shall be
calisthenics, exposure to the weather, forced consumption
reclusion temporal to reclusion perpetua.
of any food, liquor, beverage, drug or other substance, or
any other brutal treatment or forced physical activity which
When by reason or on the occasion ofthe rape, homicide is
is likely to adversely affect the physical and psychological
committed, the penalty shall be reclusion perpetua.
health of such recruit, neophyte, applicant, or member. This
shall also include any activity, intentionally made or
Reclusion temporal shall be imposed if the rape is committed
otherwise, by one person alone or acting with others, that
with any of the ten aggravating/ qualifying circumstances
tends to humiliate or embarrass, degrade, abuse, or
mentioned in this article.
endanger, by requiring a recruit, neophyte, applicant, or
member to do menial, silly, or foolish tasks.
Article 266-C. Effect of Pardon. - The subsequent valid
marriage between the offended party shall extinguish the
criminal action or the penalty imposed.

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 (b) Initiation or Initiation Rites refer to ceremonies, practices,
rituals, or other acts, weather formal or informal, that a
person must perform or take part in order to be accepted
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into fraternity, sorority, organization as a full-fledged
Sec. 12. Nullity of Waiver and Consent. - Any form of
III. REVISED PENAL CODE – BOOK
member. It includes ceremonies practices , rituals, and other
approval, consent, or agreement, whether written or
TWO acts in all stages of membership in a fraternity, sorority, or
otherwise, or of an express waiver of the right to object to
organization.
G. Title Eight - Crimes Against Persons the initiation rite or proceeding which consists of hazing, as
(Articles 246-266-D) defined in this Act, made by a recruit, neophyte, or
(c) Organization refers to an organized body of people which
1. Anti-Hazing Act of 2018 – R.A. No. 8049, applicant prior to an initiation rite that involves inflicting
includes, but it is not limited to, any club, association, group,
as amended by R.A. No. 11053, secs. 2-3, 12 physical or psychological suffering, harm, or injury, shall be
and 14 fraternity, and sorority. This term shall include the Armed
void and without any binding effect on the parties.1âwphi1
Forces of the Philippines (AFP), the Philippine National Police
NOTES: (PNP), the Philippine Miltary Academy (PMA), the Philippine
The defense that the recruit, neophyte, or applicant
National Police Academy (PNPA), and other similar uniformed
consented to being subjected to hazing shall not be
service learning institutions.
available to persons prosecuted under this Act.

(d) Schools refer to colleges, universities, and other

Sec. 14. Penalties. - The following penalties shall be
educational institutions.
imposed:

Sec. 3. Prohibition on Hazing. - All forms of hazing shall be

(a) The penalty of reclusion perpetua and a fine of Three
prohibited in fraternities, sororities, and organizations in
million pesos (P3,000,000.00) shall be imposed upon those
schools, including citizens' military training and citizens' army
who actually planned or participated in the hazing if, as a
training. This prohibition shall likewise apply to all other
consequence of the hazing, death, rape, sodomy, or
fraternities, sororities, and organizations that are not school-
mutilation results therefrom;
based, such as community-based and other similar
fraternities, sororities and organizations: Provide, That the
(b) The penalty of reclusion perpetua and a fine of Two
physical, mental, and practices to determine and enhance
million pesos (P2,000,000.00) shall be imposed upon:
the physical, mental, and psychological fitness of
prospective regular members of the AFP and the PNP as
(1) All persons who actually planned or participated in the
approved by the Secretary of National Defense and National
conduct of the hazing;
Police Commission, duly recommended by the Chief of Staff
of the AFP and Director General of the PNP, shall not be
(2) All officers of the fraternity, sorority, or organization
considered as hazing purposes of this Act: Provided, further,
who are actually present during the hazing;
That the exemption provided herein shall likewise apply to
similar procedures and practices approved by the respective
(3) The adviser of a fraternity, sorority, or organization who
heads of other uniformed learning institutions as to their
is present when the acts constituting the hazing were
prospective members, nor shall this provision apply to any
committed and failed to take action to prevent the same
customary athletic events or other similar contests or
from occurring or failed to promptly report the same to the
competitions or any activity or conduct that furthers a legal
law enforcement authorities if such adviser or adviser or
and legitimate objective, subject to prior submission of a
advisers can do so without peril to their person or their
medical clearance or certificate.
family;

In no case shall hazing be made a requirement for

employment in any business or corporation.

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 (4) All former officers, nonresident members, or alumni of the
fraternity, sorority, or organization who are also present
during the hazing: Provided, That should the former officer,
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nonresident member, or alumnus be a member of the
Provided, That should the former officer, nonresident
Philippine Bar, such member shall immediately be subjected
III. REVISED PENAL CODE – BOOK member, or alumnus be a member of the Philippine Bar, such
TWO to disciplinary proceedings by the Supreme Court pursuant
member shall immediately be subjected to disciplinary
to its power to discipline members of the Philippine Bar:
G. Title Eight - Crimes Against Persons proceedings by the Supreme Court pursuant to its power to
Provided, further, That should the former officer, nonresident
(Articles 246-266-D) discipline members of the Philippine Bar: Provided, further,
member, or alumnus belong to any other profession subject That should the former officer, nonresident members, or
1. Anti-Hazing Act of 2018 – R.A. No. 8049, to regulation by the Professional Regulation Commission
as amended by R.A. No. 11053, secs. 2-3, 12 alumnus belong to any other profession subject to regulation
and 14 (PRC), such professional shall immediately be subjected to by the PRC, such professional shall immediately be
disciplinary proceedings by the concerned Professional subjected to disciplinary proceedings by the concerned
NOTES: Regulatory Board, the imposable penalty for which shall Professional Regulatory Board, the imposable penalty for
include, but is not limited to, suspension for a period of not which shall include, but is not limited to, suspension for a
less than three (3) or revocation of the professional license. period of not less than three (3) years or revocation of the
A suspended or revoked professional license pursuant to this professional license pursuant to this section may be
section may be reinstated upon submission of affidavits from reinstated upon submission of affidavits from at least three
at least three (3) disinterested persons, good moral (3) disinterested persons, good moral certifications from
certifications from different unaffiliated and credible different unaffiliated and credible government, religious, and
government, religious, and socio-civic organizations and such socio-civic organizations, and such other relevant evidence
other relevant evidence to show that the concerned to show that the concerned professional has become
professional has become morally fit for readmission into the morally fit for readmission into the profession: Provided, That
profession: Provided, That said readmission into the said readmission into the profession shall be subject to the
profession shall be subject to the approval of the respective approval of the respective Professional Regulatory Board.
Professional Regulatory Board;
(e) The penalty of prision correcional in its minimum period
(5) Officers ir members of a fraternity, sorority, or shall be imposed upon any person who shall intimidate,
organization who knowingly cooperated in carrying out the threaten, force, or employ, or administer any form of
hazing by inducing the victim to be present thereat; and vexation against another person for the purpose of
recruitment in joining or promoting a particular fraternity,
(6) members of the fraternity, sorority, or organization who sorority, or organization. The perssistent and repeated
are present during the hazing when they are intoxicated or proposal or invitation made to a person who had twice
under the influence of alcohol or illegal drugs; refused to participate or join the proposed fraternity,
sorority, or organization, shall be prima facie evidence of
(c) The penalty of reclusion temporal in its maximum period vexation for purposes of this section; and
and a fine of One million pesos (P1,000,000.00) shall be
imposed upon all persons who are present in the conduct of (f) A fine of One million pesos (P1,000,000.00) shall be
the hazing; imposed on the school if the fraternity, sorority, or
organization filed a written application to conduct an
initiation which was subsequently approved by the school
(d) The penalty of reclusion temporal and fine of One million
and hazing occurred during the initiation rites or when no
pesos (P1,000,000.00) shall be imposed upon former
representatives from the school were present during the
officers, nonresident member, alumni of the fraternity,
initiation as provided under Section 5 of this Act: Provided,
sorority, or organization who, after the commission of any of
That if hazing has been committed in circumvention of the
the prohibited acts proscribed herein, will perform any act to
provisions of this Act, it is incumbent upon school officials to
hide, conceal, or otherwise hamper or obstruct any
investigate motu propio and take an active role to ascertain
investigation that will be conducted thereafter:
factual events and identity witnesses in order to determine
the disciplinary sanctions it may impose, as well as provide
assistance to police authorities.

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 The owner or lessee of the place where hazing is conducted
shall be liable as principal and penalized under paragraphs
(a) or (b) of this section, when such owner or lessee has
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actual knowledge of the hazing conducted therein but failed
Any conviction by final judgement shall be reflected on the
to take any action to prevent the same from occurring or
III. REVISED PENAL CODE – BOOK scholastic record, personal, or employment record of the
TWO failed to promptly report the same to the law enforcement
person convicted, regardless of when the judgment
authorities if they can do so without peril to their person or
conviction has become final.
G. Title Eight - Crimes Against Persons their family. If the hazing is held in the home of one of the
(Articles 246-266-D)
officers or members of the fraternity, sorority, or
1. Anti-Hazing Act of 2018 – R.A. No. 8049, organization, the parents shall be held liable as principals Crimes Against Personal Liberty and Security
as amended by R.A. No. 11053, secs. 2-3, 12 and penalized under paragraphs (a) or (b) hereof when they
and 14
have actual knowledge of the hazing conducted therein but ARTICLE 267. Serious Illegal Detention. — Any private
H. Title Nine - Crimes against Personal failed to take any action to prevent the same from occurring individual who shall kidnap or detain another, or in any other
Liberty and Security (Articles 267-292)
or failed to promptly report the same to the law enforcement manner deprive him of his liberty, shall suffer the penalty of
authorities if such parents can do so without peril to their reclusión temporal:
NOTES: person or their family.
1. If the locking up or detention shall have lasted more than
The school authorities including faculty members as well as twenty days.
barangay, municipal, or city officials shall be liable as an
accomplice and likewise be held administratively 2. If it shall have been committed simulating public authority.
accountable for hazing conducted by the fraternities,
sororities, other organizations, if it can be shown that the 3. If any serious physical injuries shall have been inflicted
school or barangay, municipal, or city officials allowed or upon the person locked up or detained, or if threats to kill
consented to the conduct of hazing, but such officials failed him shall have been made.
to take anby action to prevent the same from occurring or
failed to promptly report to the law enforcement authorities ART- 268. Slight illegal detention. - The penalty of reelusion
if the same can be done without peril to their person or their temporal shall be imposed upon any private individual who
family. shall commit the crimes described in the nest preceding
article without the attendance of any of the circumstances
The presence of any person, even if such person is not a enumerated therein.
member of the fraternity, sorority, or organization, during the
hazing is prima facie evidence of participation therein as a The same penalty shall be incurred by anyone who shall
principal unless such person or persons prevented the furnish the place for the perpetration of the crime.
commission of the acts punishable herein or promptly
reported the same to the law enforcement authorities if they If the offender shall voluntarily release the person so
can do so without peril, to their person or their family. kidnapped or detained within three (3) days from the
commencement of the detention, without having attained the
The incumbent officers of the fraternity, sorority, or purpose intended., and before the institution of criminal
organization concerned shall be jointly liable with those proceeding's against him. the penalty shall be prision mayor
in its minimum and medium periods and a fine not exceeding
members who actually participated in the hazing.
One hundred thousand pesos (P100,000). (As Amended by
Sec. 62, RA No. 10951)
Any person charged under this Act shall not be entitled to
the mitigating circumstances that there was no intention to
ART. 269. Unlawful arrest. - The penalty of arresto mayor
commit so grave a wrong.
and a fine not exceeding One hundred thousand pesos
(P100,000) shall be imposed upon any person who. in any
This section shall apply to the president, manager, director,
case other than those authorized by law, or without
or other responsible officer of businesses or corporations
reasonable ground therefor, shall arrest or detain another for
engaged hazing as a requirement for employment in the
the purpose of delivering him to the proper authorities. (As
manner provided herein.
Amended by Sec. 63, RA No. 10951)

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 Kidnapping of Minors

ARTICLE 270. Kidnapping and Failure to Return a Minor. —

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The penalty of reclusion perpetua shall be imposed upon any
Abandonment of Helpless Persons and Exploitation of
person who, being entrusted with the custody of a minor
III. REVISED PENAL CODE – BOOK Minors
TWO
person, shall deliberately fail to restore the latter to his
parents or guardians. (As amended by RA No. 18)
ARTICLE 275. Abandonment of Persons in Danger and
Abandonment of One’s Own Victim. — The penalty of
H. Title Nine - Crimes against Personal ART. 271. Inducing a minor to abandon his home. - The penalty
Liberty and Security (Articles 267-292) arresto mayor shall be imposed upon:
of prision correccional and a fine not exceeding One hundred
thousand pesos (P100.000) shall be imposed upon anyone who
1. Anyone who shall fail to render assistance to any person
shall induce a minor to abandon the home of his parents or
whom he shall find in an uninhabited place wounded or in
guardians or the persons entrusted with his custody.
danger of dying, when he can render such assistance without
detriment to himself, unless such omission shall constitute a
If the person committing any of the crimes covered by the two
more serious offense.
NOTES: (2) preceding 1 articles shall be the father or the mother of the
minor, the penalty shall be arresto mayor or a fine not
2. Anyone who shall fail to help or render assistance to
exceeding Forty thousand pesos (P40,000) or both. (As
another whom he has accidentally wounded or injured.
Amended by Sec. 64, RA No. 10951)

3. Anyone who, having found an abandoned child under

seven years of age, shall fail to deliver said child to the
Slavery and Servitude
authorities or to his family, or shall fail to take him to a safe
place.
ARTICLE 272. Slavery. — The penalty of prisión mayor and a
fine of not exceeding 10,000 pesos shall be imposed upon
ART, 276. Abandoning a minor. - The penalty of arresto
anyone who shall purchase, sell, kidnap or detain a human
mayor and a fine not exceeding One hundred thousand pesos
being for the purpose of enslaving him.
(P100,000) shall be imposed upon anyone who shall abandon
a child under seven (7) years of age. the custody of which is
If the crime be committed for the purpose of assigning the
incumbent upon him.
offended party to some immoral traffic, the penalty shall be
imposed in its maximum period.
When the death of the minor shall result from such
abandonment, the culprit shall be punished by prision
ARTICLE 273. Exploitation of Child Labor. — The penalty of
correccional in its medium and maximum periods: but if the
prisión correccional in its minimum and medium periods and a
life of the minor shall have been in danger only, the penalty
fine not exceeding 500 pesos shall be imposed upon anyone
shall be prision correccional in its minimum and medium
who, under the pretext of reimbursing himself of a debt
periods.
incurred by an ascendant, guardian or person entrusted with
the custody of a minor, shall, against the latter’s will, retain
The provisions contained in the two (2) preceding paragraphs
him in his service.
shall not prevent the imposition of the penalty provided for
the act committed, when the same shall constitute a more
ARTICLE 274. Services Rendered Under Compulsion in
serious offense. (As Amended by Sec. 65, RA No. 10951)
Payment of Debts. — The penalty of arresto mayor in its
maximum period to prisión correccional in its minimum period
shall be imposed upon any person who, in order to require or
enforce the payment of a debt, shall compel the debtor to
work for him, against his will, as household servant or farm
laborer.

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 ART. 277. Abandonment of minor by person entrusted with his
custody; Indifference of parents. - The penalty of arresto mayor
and a fine not exceeding One hundred thousand pesos
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(P100,000) shall be imposed upon anyone who. having charge of
the rearing or education of a minor, shall deliver said minor to a ARTICLE 279. Additional Penalties for Other Offenses. —
III. REVISED PENAL CODE – BOOK
public institution or other persons, without the consent of the The imposition of the penalties prescribed in the preceding
TWO articles, shall not prevent the imposition upon the same
one who entrusted such, child to his care or in the absence of
the latter, without the consent of the proper authorities. person of the penalty provided for any other felonies defined
H. Title Nine - Crimes against Personal
and punished by this Code.
Liberty and Security (Articles 267-292) The same penalty shall be imposed upon the parents who shall
neglect their children by not giving them the education which Trespass to Dwelling
their station in life requires and financial condition permits. (As
Amended by Sec. 66, RA No. 10951) ART. 280. Qualified trespass to dwelling. - Any private
person who shall enter the dwelling of another against the
ART. 278. Exploitation of minors. - The penalty of prision latter's will, shall be punished by arresto mayor and a fine
correccional in its minimum and medium periods and a fine not not exceeding Two hundred thousand pesos (P200,000).
NOTES: exceeding One hundred thousand pesos (P100,000) shall be
imposed upon; If the offense be committed by means of violence or
intimidation, the penalty shall be prision correccional in its
1. Any person who shall cause any boy or girl under sixteen (16) medium and maximum periods and a fine not exceeding Two
years of age to perform any dangerous feat of balancing, hundred thousand pesos (P200,000).
physical strength, or contortion.
The provisions of this article shall not be applicable to any
2. Any person who. being an acrobat, gymnast, rope-walker,
person who shall enter another's dwelling for the purpose of
diver, wild-animal tamer or circus manager or engaged in a
preventing some serious harm to himself, the occupants of
similar calling, shall employ in exhibitions of these kinds children
the dwelling or & third person, nor shall it be applicable to
under sixteen (16) years of age who are not his children or
any person who shall enter a dwelling for the purpose of
descendants.
rendering some service to humanity or justice, nor to anyone
3. Any person engaged in any of the callings enumerated in the who shall enter cafes, taverns, inns and other public houses,
next preceding paragraph who shall employ any descendant of while the same are open. (As Amended by Sec. 68, RA No.
his under twelve (12) years of age in such dangerous exhibitions. 10951)

4. Any ascendant, guardian, teacher or person entrusted in any ART. 281. Other forms of trespass. - The penalty of arresto
capacity with the care of a child under sixteen (16) years of age menor or a fine not exceeding- Forty thousand pesos
who shall deliver such child gratuitously to any person following (P40,000), or both, shal] be imposed upon any person who
any of the callings enumerated in paragraph 2 hereof, or to any shall enter the closed premises or the fenced estate of
habitual vagrant or beggar. another, while either oi' both of them are uninhabited, if the
prohibition to enter be manifest and the trespasser has not-
If the delivery shall have been made in consideration of any secured the permission of the owner or the caretaker
price, compensation, or promise, the penalty shall in every case thereof. (As Amended by Sec. 69, RA No. 10951)
be imposed in its maximum period.
Threats and Coercion
In either case, the guardian or curator convicted shall also be
removed from office as guardian or curator; and in the case of ART. 282. Grave threats. - Any person who shall threaten
the parents of the child, they may be deprived, temporarily or another with the infliction upon the person, honor or property
perpetually, in the discretion of the court, of their parental of the latter or of his family of any wrong amounting to a
authority. crime, shall suffer:

5. Any person who shall induce any child under sixteen (16) years
of age to abandon the home of its ascendants, guardians,
curators or teacher? to follow any person engaged in any of the
callings mentioned in paragraph 2 hereof, or to accompany any
habitual vagrant or beggar. (As Amended by Sec. 67, RA No.
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 1. The penalty next lower in degree than that- prescribed by law for
the crime he threatened to commit, if the offender shall have made
the threat demanding money or imposing any other condition, even
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though not unlawful, and said offender shall have attained his
purpose. If the offender shall not have attained his purpose, the ART. 287. Light coercions. - Any person who,, by means of
III. REVISED PENAL CODE – BOOK penalty lower by two (2) degrees shall be imposed. violence, shall seize anything belonging to his debtor for the
TWO purpose of applying the same to the payment of the debt,
If the threat be made in writing or through a middleman, the penalty shall suffer the penalty of arresto mayor in its minimum
shall be imposed in its maximum period. period and a fine equivalent to the value of the thing, but in
H. Title Nine - Crimes against Personal
Liberty and Security (Articles 267-292) no case less than Fifteen thousand pesos (P15,000).
2. The penalty of arresto mayor and a fine not exceeding One
hundred thousand pesos (P100,000) if the threat shall not have
Any other coercions or unjust vexations shall be punished by
been made subject to a condition. (As Amended by Sec. 70, RA No.
arresto menor or a fine ranging from One thousand pesos
10951)
(P1,000) to not more than Forty thousand pesos (P40,000) or
ARTICLE 283. Light Threats. — A threat to commit a wrong not both. (As Amended by Sec. 73, RA No. 10951)
NOTES: constituting a crime, made in the manner expressed in subdivision 1
of the next preceding article, shall be punished by arresto mayor. ART. 288. Other similar coercions; (Compulsory purchase of
merchandise and payment of wages by means of tokens). -
ARTICLE 284. Bond for Good Behavior. — In all cases falling within The penalty of arresto mayor or a fine ranging from Forty
the two next preceding articles, the person making the threats may thousand pesos (P40.000) to One hundred thousand pesos
also be required to give bail not to molest the person threatened, (P100,000), or both, shall be imposed upon any person,
or if he shall fail to give such bail, he shall be sentenced to agent or officer of any association or corporation who shall
destierro. force or compel, directly or indirectly, or shall knowingly
permit any laborer or employee employed by him or by such
ART. 285. Other light threats. - The penalty of arresto menor in its
firm or corporation to be forced or compelled, to purchase
minimum period or a fine not exceeding Forty thousand pesos
merchandise or commodities of any kind.
(P40,000) shall be imposed upon:

1. Any person who. without being included in the provisions of the The same penalties shall be imposed upon any person who
next preceding article, shall threaten another with a weapon, or shall pay the wages due a laborer or employee employed by
draw such weapon in a quarrel, unless it be in lawful self-defense. him, by means of tokens or objects other than the legal
tender currency of the Philippines, unless expressly
2. Any person who, in the heat of anger, shall orally threaten requested by the laborer or employee. (As Amended by Sec.
another with some harm not constituting a crime, and who by 74, RA No. 10951)
subsequent acts shows that he did not persist, in the idea involved
in his threat: Provided, That the circumstances of the offense shall ART. 289. Formation, maintenance and prohibition of
not bring it within the provisions of Article 282 of this Code. combination of capital or labor through violence or threats.
— The penalty of arresto mayor and a fine not exceeding
3. Any person who shall orally threaten to do another any harm not
Sixty thousand pesos (P60,000) shall be imposed upon any
constituting a felony. (As Amended by Sec. 71, RA No. 10951)
person who, for the purpose of organizing, maintaining or
ART. 286. Grave, coercions. - The penalty of prision correccional preventing coalitions of capital or labor, strike of laborers or
and a fine not exceeding One hundred thousand pesos (P100,000) lock-out of employers, shall employ violence or threats in
shall be imposed upon any person who without any authority of law such a degree as to compel or force the laborers or
shall, by means of violence, threats, or intimidation, prevent employees in the free and legal exercise of their industry or
another from doing something not prohibited by law, or compel him work, if the act shall not constitute a more serious offense in
to do something against his will, whether it be right or wrong. accordance with the provisions of this Code. (As Amended
by Sec. 75, RA No. 10951)
If the coercion be committed in violation of the exercise of the right
of suffrage, or for the purpose of compelling another to perform
any religious act, or to prevent him from exercising such right or
from so doing such act the penalty next higher in degree shall be
imposed. (As Amended by Sec. 72 RA No. 10951)

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 ART. 290. Discovering secrets through seizure of
correspondence. - The penalty of prision correccional in its
minimum and medium periods and a fine not exceeding One
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hundredthousand pesos (P100,000) shall be imposed upon
Robbery with Violence Against or Intimidation of Persons
III. REVISED PENAL CODE – BOOK
any private individual who in order to discover the secrets of
TWO another, shall seize his papers orletters and reveal the ARTICLE 294. Robbery with Violence Against or Intimidation
contents thereof. of Persons — Penalties. — Any person guilty of robbery with
the use of violence against or intimidation of any person shall
H. Title Nine - Crimes against Personal
If the offender shall not reveal such secrets, the penalty suffer:
Liberty and Security (Articles 267-292)
shall be arresto mayor and a fine not exceeding One hundred
I. Title Ten - Crimes against Property thousand pesos (P100,000). 1. The penalty of reclusion perpetua to death, when by reason
(Articles 293-332)
or on occasion of the robbery, the crime of homicide shall have
This provision shall not be applicable to parents, guardians, been committed, or when the robbery shall have been
or persons entrusted with the custody of minors with respect accompanied by rape or intentional mutilation or arson.
to the papers or letters of the children or minors placed
NOTES: under their care or custody, nor to spouses with respect to 2. The penalty of reclusion temporal in its medium period to
the papers or letters of either of them. (As Amended by Sec. reclusion perpetua, when or if by reason or on occasion of
such robbery, any of the physical injuries penalized in
76, RA No. 10951)
subdivision I of Article 263 shall have been inflicted.

ART. 291. Revealing secrets with abuse of office. - The

3. The penalty of reclusion temporal, when by reason or on
penalty of arresto mayor and a fine not exceeding One
occasion of the robbery, any of the physical injuries penalized
hundred thousand pesos (P100,000) shall be imposed upon in subdivision 2 of the article mentioned in the next preceding
any manager, employee or servant who, in such capacity, paragraph, shall have been inflicted.
shall learn the secrets of his principal or master and shall
reveal such secrets. (As Amended by Sec. 77, RA No. 10951) 4. The penalty of prision mayor in its maximum period to
reclusion temporal in its medium period, if the violence or
ART. 292. Revelation of industrial secrets. - The penalty of intimidation employed in the commission of the robbery shall
prision correccional in its minimum and medium periods and a have been carried to a degree clearly unnecessary for the
fine not exceeding One hundred thousand pesos (P100,000) commission of the crime, or when in the course of its
shall be imposed upon the person in charge, employee or execution, the offender shall have inflicted upon any person
workman of any manufacturing or industrial establishment not responsible for its commission any of the physical injuries
who. to the prejudice of the owner thereof, shall reveal the covered by subdivisions 3 and 4 of said Article 263.
secrets of the industry of the latter. (As Amended by Sec. 78,
5. The penalty of prision correccional in its maximum period to
RA No. 10951)
prision mayor in its medium period in other cases. (As amended
by Sec. 9, RA 7659)
Crimes Against Property
ARTICLE 295. Robbery with Physical Injuries, Committed in an
Robbery in General Uninhabited Place and by a Band. — If the offenses mentioned
in subdivisions 3, 4, and 5 of the next preceding article shall
ARTICLE 293. Who are Guilty of Robbery. — Any person have been committed in an uninhabited place and by a band, or
who, with intent to gain, shall take any personal property by attacking a moving train, street car, motor vehicle or airship,
belonging to another, by means of violence against or or by entering the passenger’s compartments in a train or, in
intimidation of any person, or using force upon anything, shall any manner, taking the passengers thereof by surprise in the
be guilty of robbery. respective conveyances, the offender shall be punished by the
maximum period of the proper penalties.

In the same cases, the penalty next higher in degree shall be

imposed upon the leader of the band.

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Criminal Law
 ARTICLE 296. Definition of a Band and Penalty Incurred by
the Members Thereof . — When more than three armed
malefactors take part in the commission of a robbery, it shall
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be deemed to have been committed by a band (cuadrilla).
When the offenders do not carry arms, and the value of the
III. REVISED PENAL CODE – BOOK property taken exceeds Fifty thousand pesos (P50,000) the
TWO Any member of a band who is present at the commission of a penalty next lower in degree shall be imposed.
robbery in an uninhabited place and by a band, shall be
I. Title Ten - Crimes against Property punished as principal of any of the assaults committed by the The same rule shall be applied when the offenders are armed,
(Articles 293-332)
band, unless it be shown that he attempted to prevent the but the value of the property taken does not exceed Fifty
same. thousand pesos (P50,000).

ARTICLE 297. Attempted and Frustrated Robbery Committed When said offenders do not carry arms and the value of the
NOTES: Under Certain Circumstances. — When by reason or on property taken does not exceed Fifty thousand pesos
occasion of an attempted or frustrated robbery a homicide is (P50,000), they shall suffer the penalty prescribed in the two
committed the person guilty of such offenses shall be (2) next preceding paragraphs, in its minimum period.
punished by reclusión temporal in its maximum period to
reclusión perpetua, unless the homicide committed shall If the robbery be committed in one of the dependencies of an
inhabited house, public building, or building dedicated to
deserve a higher penalty under the provisions of this Code.
religious worship, the penalties next lower in degree than
those prescribed in this article shall be imposed. (As amended
ARTICLE 298. Execution of deeds by means of violence or
by Sec. 79, RA No. 10951)
intimidation. — Any person who, with intent to defraud
another, by means of violence or intimidation, shall compel ARTICLE 300. Robbery in an Uninhabited Place and by a Band.
him to sign, execute or deliver any public instrument or — The robbery mentioned in the next preceding article, if
document, shall be held guilty of robbery and punished by committed in an uninhabited place and by a band, shall be
the penalties respectively prescribed in this Chapter. punished by the maximum period of the penalty provided
therefor.
Robbery by the Use of Force Upon Things
ARTICLE 301. What is an Inhabited House, Public Building or
ART. 299. Robbery in an inhabited house or public building Building Dedicated to Religious Worship and Their
or edifice devoted to worship. - Any armed person who shall Dependencies. — Inhabited house means any shelter, ship or
commit robbery in an inhabited house or public building or vessel constituting the dwelling of one or more persons, even
edifice devoted to religious worship, shall be punished by though the inhabitants thereof shall temporarily be absent
reclusion temporal, if the value of the property taken shall therefrom when the robbery is committed.
exceed Fifty thousand pesos (P50,000). and if -
All interior courts, corrals, warehouses, granaries, barns,
coach-houses, stables or other departments or inclosed
(a) The malefactors shall enter the house or building in which
places contiguous to the building or edifice, having an interior
the robbery was committed, by any of the following means:
entrance connected therewith, and which form part of the
1. Through an opening not intended for entrance or egress. whole, shall be deemed dependencies of an inhabited house,
2. By breaking any wall, roof, or floor or breaking any door or public building or building dedicated to religious worship.
window.
3. By using false keys, pick locks or similar tools. Orchards and other lands used for cultivation or production are
4. By using any fictitious name or pretending the exercise of not included in the terms of the next preceding paragraph,
public authority. even if closed, contiguous to the building and having direct
Or if - connection therewith.

(b) The robbery be committed under any of the following The term “public building” includes every building owned by
circumstances: the Government or belonging to a private person but used or
1, By the breaking of doors, wardrobes., chests, or any other rented by the Government, although temporarily unoccupied by
kind of locked or sealed furniture or receptacle. the same.
2. By taking such furniture or objects away to be broken or

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forced open outside the place of the robbery.
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 ART. 302. Robbery in an uninhabited place or in a. private
building. - Any robbery committed in an uninhabited place or
in a building other than those mentioned in the first
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paragraph of Article 299 if the value of the property taken
ARTICLE 305. False Keys. — The term “false keys” shall be
III. REVISED PENAL CODE – BOOK
exceeds Fifty thousand pesos (P50,000), shall be punished deemed to include:
TWO by prision correccional in its medium and maximum periods
provided that any of the following circumstances is present: 1. The tools mentioned in the next preceding articles.
I. Title Ten - Crimes against Property 2. Genuine keys stolen from the owner.
(Articles 293-332)
1. If the entrance has been effected through any opening not 3. Any keys other than those intended by the owner for use in the
intended for entrance or egress. lock forcibly opened by the offender.

Brigandage
2. If any wall, root floor or outside door or window has been
NOTES: broken. ARTICLE 306. Who are Brigands — Penalty. — When more than
three armed persons form a band of robbers for the purpose of
3. If the entrance has been effected through the use of false committing robbery in the highway, or kidnapping persons for the
keys, picklocks or other similar tools. purpose of extortion or to obtain ransom, for any other purpose to
be attained by means of force and violence, they shall be deemed
highway robbers or brigands.
4. If any door, wardrobe, chest, or any sealed or closed
furniture or receptacle has been broken.
Persons found guilty of this offense shall be punished by prision
mayor in its medium period to reclusion temporal in its minimum
5. If any closed or sealed receptacle, as mentioned in the period if the act or acts committed by them are not punishable by
preceding paragraph, has been removed, even if the same be higher penalties, in which case, they shall suffer such higher
broken open elsewhere. penalties.

'When the value of the property taken does not exceed Fifty If any of the arms carried by any of said persons be an unlicensed
firearm, it shall be presumed that said persons are highway robbers
thousand pesos (P50,000), the penalty next lower in degree
or brigands, and in case of conviction the penalty shall be imposed
shall be imposed. in the maximum period.
(As amended by RA No. 120
In the cases specified in Articles 294. 295, 297. 299, 300,
and 302 of this Code, when the property taken is mail matter ARTICLE 307. Aiding and Abetting a Band of Brigands. — Any
or large cattle, the offender shall suffer the penalties next person knowingly and in any manner aiding, abetting or protecting a
higher in degree than those provided in said articles. (As band of brigands as described in the next preceding article, or
giving them information of the movements of the police or other
amended by Sec. 79, RA No. 10951)
peace officers of the Government or of the forces of the United
States Army, when the latter are acting in aid of the Government, or
ARTICLE 303. Robbery of Cereals, Fruits, or Firewood in an acquiring or receiving the property taken by such brigands, shall be
Uninhabited Place or Private Building. — In the cases punished by prisión correccional in its medium period to prisión
enumerated in articles 299 and 302, when the robbery mayor in its minimum period.
consists in the taking of cereals, fruits, or firewood, the
culprit shall suffer the penalty next lower in degree than that It shall be presumed that the person performing any of the acts
prescribed in said articles. provided in this article has performed them knowingly, unless the
contrary is proven.

ARTICLE 304. Possession of Picklocks or Similar Tools. — Theft

Any person who shall without lawful cause have in his
possession picklocks or similar tools especially adapted to ARTICLE 308. Who are Liable for Theft. — Theft is committed by
the commission of the crime of robbery, shall be punished by any person who, with intent to gain but without violence against or
arresto mayor in its maximum period to prisión correccional intimidation of persons nor force upon things, shall take personal
in its minimum period. property of another without the latter’s consent.

The same penalty shall be imposed upon any person who

shall make such tools. If the offender be a locksmith, he

Criminal Law
shall suffer the penalty of prisión correccional in its medium
www.lexmond.ph and maximum periods. 66
 Theft is likewise committed by:

1. Any person who, having found lost property, shall fail to

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deliver the same to the local authorities or to its owner;
6. Arresto mayor in its minimum and medium periods, if such value
III. REVISED PENAL CODE – BOOK does not exceed Five hundred pesos (P500).
TWO 2. Any person who, after having maliciously damaged the
property of another, shall remove or make use of the fruits or 7. Arresto menor or a fine not exceeding Twenty thousand pesos
I. Title Ten - Crimes against Property object of the damage caused by him; and (P20,000), if the theft is committed under the circumstances
(Articles 293-332) enumerated in paragraph 3 of the next preceding article and the
3. Any person who shall enter an enclosed estate or a field value of the thing stolen does not exceed Five hundred pesos
(P500). If such value exceeds said amount, the provisions of any of
where trespass is forbidden or which belongs to another and
the five preceding- subdivisions shall be made applicable.
without the consent of its owner, shall hunt or fish upon the
NOTES: same or shall gather fruits, cereals, or other forest or farm 8. Arresto menor in its minimum period or a fine of not exceeding
products. Five thousand pesos (P5,000), when the value of the thing stolen is
not over Five hundred pesos (P500), and the offender shall have
ART. 309. Penalties. - Any person guilty of theft shall be acted under the impulse of hunger, poverty, or the difficulty of
punished by: earning a livelihood for the support of himself or his family. (As
amended by Sec. 81, RA No. 10951)

1. The penalty of prision mayor in its minimum and medium

ARTICLE 310. Qualified Theft. — The crime of theft shall be
periods, if the value of the thing stolen is more than One punished by the penalties next higher by two degrees than those
million two hundred thousand pesos (P1,200,000) but does respectively specified in the next preceding article, if committed
not exceed Two million two hundred thousand pesos by a domestic servant, or with grave abuse of confidence, or if the
(P2,200,000); but if the value of the thing stolen exceeds the property stolen is motor vehicle, mail matter or large cattle or
latter amount, the penalty shall be the maximum period of consists of coconuts taken from the premises of a plantation, fish
the one prescribed in this paragraph, and one (1) year for taken from a fishpond or fishery or if property is taken on the
occasion of fire, earthquake, typhoon, volcanic eruption, or any
each additional One million pesos (P1,000,000). but the total
other calamity, vehicular accident or civil disturbance. (AS
of the penalty which may be imposed shall not exceed amended by CA no.417; RA No. 120 and BP Blg. 71)
twenty (20) years. In such cases, and in connection with the
accessory penalties which may be imposed and for the ART. 311. Theft of the property of the National Library and National
purpose of the other provisions of this Code, the penalty Museum. - If the property stolen be any property of the National
shall be termed prision mayor or reclusion temporal, as the Library or the National Museum, the penalty shall be arresto mayor
case may be. or a fine ranging from Forty thousand pesos (P40,000) to One
hundred thousand pesos (P100,000), or both, unless a higher
penalty should be provided under other provisions of this Code, in
2. The penalty of prision correccional in its medium and
which case, the offender shall be punished by such higher penalty.
maximum periods, if the value of the thing stolen is more (As amended by Sec. 82, RA 10951)
than Six hundred thousand pesos (P600,000) but does not
exceed One million two hundred thousand pesos ART. 312. Occupation of real property or usurpation of real rights
(P1,200,000). in property. -Any person who, by means of violence against or
intimidation of persons, shall take possession of any real property
3. The penalty of prision correccional in its minimum and or shall usurp any real rights in property belonging to another, in
addition to the penalty incurred for the acts of violence executed
medium periods, if the value of the property stolen is more
by him, shall be punished by a fine from fifty (50) to one hundred
than Twenty thousand pesos (P20,000) but does not exceed (100) per centum of the gain which he shall have obtained, but not
Six hundred thousand pesos (P600 ,000). less than Fifteen thousand pesos (P15,000).

4. Arreslo mayor in its medium period to prision correccional If the value of the gain cannot be ascertained, a fine from Forty
in its minimum period, if the value of the property stolen is thousand pesos (P40,000) to One hundred thousand pesos
over Five thousand pesos (P5,000) but does not exceed (P100,000) shall be imposed. (As amended by Sec. 83, RA 10951)
Twenty thousand pesos (P20,000).

5. Arresto mayor to its full extent, if such value is over Five

Criminal Law
hundred pesos (P500) but does not exceed Five thousand
www.lexmond.ph pesos (P5,000). 67
 ART. 313. Altering boundaries or landmarks. - Any person
who shall alter the boundary marks or monuments of towns,
provinces, or estates, or any other marks intended to
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designate the boundaries of the same, shall be punished by
1. With unfaithfulness or abuse of confidence, namely:
III. REVISED PENAL CODE – BOOK
arresto menor or a fine not exceeding Twenty thousand
TWO pesos (P20,000), or both. (As amended by Sec. 84, RA 10951) (a) By altering the substance, quantity, or quality of anything of
value which the offender shall deliver by virtue of an obligation
I. Title Ten - Crimes against Property Culpable Insolvency to do so, even though such obligation be based on an immoral
(Articles 293-332)
or illegal consideration.
ARTICLE 314. Fraudulent Insolvency. — Any person who
shall abscond with his property to the prejudice of his (b) By misappropriating or converting, to the prejudice of
creditors, shall suffer the penalty of prisión mayor, if he be a another, money, goods, or any other personal property
NOTES: merchant, and the penalty of prisión correccional in its received by the offender in trust or on commission, or for
maximum period to prisión mayor in its medium period, if he administration, or under any other obligation involving the duty
be not a merchant. to make delivery of or to return the same, even though such
obligation be totally or partially guaranteed by a bond: or by
Swindling and Other Deceits denying having received such money, goods, or other property.

(c) By taking undue advantage of the signature of the offended

ART. 315. Swindling (estafa). - Any person who shall defraud
party in blank, and by writing any document above such
another by any of the means mentioned herein below shall be
signature in blank, to the prejudice of the offended party or any
punished by:
third person.

1st. The penalty of prision correccional in its maximum period 2. By means of any of the following false pretenses or
to prision mayor in its minimum period, if the amount of fraudulent acts executed prior to or simultaneously with the
thefraud is over Two million four hundred thousand pesos commission of the fraud:
(P2,400,000) but does not exceed Four million four hundred
thousand pesos (P4,400,000), and if such amount exceeds (a) By using fictitious name, or falsely pretending to possess
the latter sum, the penalty provided in this paragraph shall power, influence, qualifications, property, credit, agency,
be imposed in its maximum period, adding one year for each business or imaginary transactions, or by means of other
additional Two million pesos (P2,000,000): but the total similar deceits.
penalty which may be imposed shall not exceed twenty
years. In such eases, and in connection with the accessory (b) By altering the quality, fineness or weight of anything
penalties which may be imposed and for the purpose of the pertaining to his art or business.
other provisions of this Code, the penalty shall be termed
(c) By pretending to have bribed any Government employee,
prision mayor or reclusion temporal as the case may be.
without prejudice to the action for calumny which the offended
party may deem proper to bring against the offender. In this
2nd. The penalty of prision correccional in its minimum and
case, the offender shall be punished by the maximum period of
medium periods, if the amount of the fraud is over One the penalty.
million two hundred thousand pesos (P1,200,000) but does
not exceed Two million four hundred thousand pesos (d) By postdating a check, or issuing a check in payment of an
(P2,400,000). obligation when the offender had no funds in the bank, or his
funds deposited therein were not sufficient to cover the
3rd. The penalty of arresto mayor in its maximum period to amount of the check. The failure of the drawer of the check to
prision correccional. in its minimum period, if such amount is deposit the amount necessary to cover his check within three
over Forty thousand pesos (P40,000) but does not exceed (3) days from receipt of notice from the bank and/or the payee
One million two hundred thousand pesos (P1,200,000). or holder that said check has been dishonored for lack or
insufficiency of funds shall be prima facie evidence of deceit
4th. By arresto mayor in its medium and maximum periods, if constituting false pretense or fraudulent act.
such amount does not exceed Forty thousand pesos
(P40,000): Provided, That in the four cases mentioned, the

Criminal Law
fraud be committed by any of the following means.
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 Any person who shall defraud another by means of false
pretenses or fraudulent acts as defined in paragraph 2(d)
hereof shall be punished by:
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ARTICLE 316. Other Forms of Swindling. — The penalty of
III. REVISED PENAL CODE – BOOK
1st. The penalty of reclusion temporal in its maximum period,
arresto mayor in its minimum and medium periods and a
TWO if the amount of fraud is over Four million four hundred
fine of not less than the value of the damage caused and
thousand pesos (P4,400,000) but does not exceed Eight
not more than three times such value, shall be imposed
I. Title Ten - Crimes against Property million eight hundred thousand pesos (P8,800,000). If the
(Articles 293-332) upon:
amount exceeds the latter, the penalty shall be reclusion
perpetua.
1. Any person who, pretending to be the owner of any real
property, shall convey, sell, encumber or mortgage the
2nd. The penalty of reclusion temporal in its minimum and
NOTES: same.
medium periods, if the amount of the fraud is over Two
million four hundred thousand pesos (P2,400.000) but does
2. Any person who, knowing that real property is
not exceed Four million four hundred thousand pesos
encumbered, shall dispose of the same, although such
(P4,400,000).
encumbrance be not recorded.

3rd. The penalty of prision mayor in its maximum period, if

3. The owner of any personal property who shall wrongfully
the amount of the fraud is over One million two hundred
take it from its lawful possessor, to the prejudice of the
thousand pesos (P 1,200,000) but does not exceed Two
latter or any third person.
million four hundred thousand pesos (P2,400,000).
4. Any person who, to the prejudice of another, shall
4th. The penalty of prision mayor in its medium period, if
execute any fictitious contract.
such amount is over Forty thousand pesos (P40,000) but
does not exceed One million two hundred thousand pesos
5. Any person who shall accept any compensation given
(P1,200,000).
him under the belief that it was in payment of services
rendered or labor performed by him, when in fact he did not
5th. By prision mayor in its minimum period, if such amount
actually perform such services or labor.
does not exceed Forty thousand pesos (P40.000).
6. Any person who, while being a surety in a bond given in a
Through any of the following fraudulent means:
criminal or civil action, without express authority from the
court or before the cancellation of his bond or before being
(a) By inducing another, by means of deceit, to sign any
relieved from the obligation contracted by him, shall sell,
document.
mortgage, or, in any other manner, encumber the real
property or properties with which he guaranteed the
(b) By resorting to some fraudulent, practice to insure
fulfillment of such obligation.
success in a gambling game.
ARTICLE 317. Swindling a Minor. — Any person who, taking
(c) By removing, concealing or destroying, in whole or in part,
advantage of the inexperience or emotions or feelings of a
any court record, office files, document or any other papers.
minor, to his detriment, shall induce him to assume any
(As amended by Sec. 85, RA 10951)
obligation or to give any release or execute a transfer of
any property right in consideration of some loan of money,
credit or other personal property, whether the loan clearly
appears in the document or is shown in any other form,
shall suffer the penalty of arresto mayor and a fine of a
sum ranging from 10 to 50 per cent of the value of the
obligation contracted by the minor.

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Criminal Law
 ART. 318. Other deceits. - The penalty of arresto mayor and a
fine of not less than the amount of the damage caused and not
more than twice such amount, shall be imposed upon any
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person who shall defraud or damage another by any other
ARTICLE 321. Other Forms of Arson. — When the arson
deceit not mentioned in the preceding articles of this Chapter.
III. REVISED PENAL CODE – BOOK consists in the burning of other property and under the
TWO
Any person who, for profit or gain, shall interpret dreams, circumstances given hereunder, the offender shall be
make forecasts, tell fortunes, or take advantage of the punished:
I. Title Ten - Crimes against Property
(Articles 293-332) credulity of the public in any other similar manner, shall suffer
the penalty of arresto mayor or a fine not exceeding Forty 1. By reclusión temporal or reclusión perpetua, if the
thousand pesos (P40,000). (As amended by Sec. 86, RA 10951) offender shall set fire to any building, farmhouse,
warehouse, hut, shelter, or vessel in port, knowing it to be
NOTES: Chattel Mortgage occupied at the time by one or more persons.

ARTICLE 319. Removal, Sale or Pledge of Mortgaged 2. By reclusión temporal:

Property. — The penalty or arresto mayor or a fine amounting
to twice the value of the property shall be imposed upon: (a) If the building burned is a public building and the value
of the damage caused exceeds 6,000 pesos;
1. Any person who shall knowingly remove any personal
property mortgaged under the Chattel Mortgage Law to any (b) If an inhabited house or any other building in which
province or city other than the one in which it was located at people are accustomed to meet is set on fire, and the
the time of the execution of the mortgage, without the written culprit did not know that such house or building was
consent of the mortgagee, or his executors, administrators or occupied at the time, or if he shall set fire to a moving
assigns. freight train or motor vehicle, and the value of the damage
caused exceeds 6,000 pesos.
2. Any mortgagor who shall sell or pledge personal property
already pledged, or any part thereof, under the terms of the 3. By prisión mayor:
Chattel Mortgage Law, without the consent of the mortgagee
written on the back of the mortgage and noted on the record (a) If the value of the damage caused in the cases
thereof in the office of the register of deeds of the province mentioned in the next preceding subdivision does not
where such property is located. exceed 6,000 pesos.

Arson and Other Crimes Involving Destruction (b) If a building not used as a dwelling or place of
assembly, located in a populated place, is set on fire, and
ARTICLE 320. Destructive Arson. — The penalty of reclusión the damage caused exceeds 6,000 pesos.
temporal in its maximum period to reclusión perpetua shall be
imposed upon any person who shall burn: (c) If a farm, sugar mill, cane mill, central, mill, bamboo
groves or any similar plantation is set on fire, and the
1. Any arsenal, shipyard, storehouse or military powder or
damage caused exceeds 6,000 pesos.
fireworks factory, ordnance storehouse, archives or general
museum of the government.
4. By prisión correccional in its maximum period to prisión
mayor in its medium period, when the damage caused
2. Any passenger train or motor vehicle in motion or vessel out
exceeds 6,000 pesos and the following are set on fire:
of port.

(a) A building used as a dwelling located in an uninhabited

3. In an inhabited place, any storehouse or factory of
place; or
inflammable or explosive materials.

4. Any theater, church, cockpit, or other building where (b) Grain fields, pasture lands, forests, or plantings.
meetings are held, when occupied by a numerous assemblage.

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Criminal Law
 5. By prisión correccional in its medium period to prisión
mayor in its minimum period, when the damage caused is over
200 pesos but does not exceed 1,000 pesos, and any of the
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property referred to in paragraphs (a) and (b) of the next
ARTICLE 324. Crimes Involving Destruction. — Any person
preceding subdivision is set on fire; but when the value of
III. REVISED PENAL CODE – BOOK who shall cause destruction by means of explosion,
TWO
such property does not exceed 200 pesos, the penalty next
lower in degree than that prescribed in this subdivision shall discharge of electric current, inundation, sinking or
be imposed when the property burned is a building used as a stranding of a vessel, intentional damaging of the engine of
I. Title Ten - Crimes against Property
(Articles 293-332) dwelling in an uninhabited place, and the penalty of arresto said vessel, taking up the rails from a railway track,
menor and a fine ranging from fifty to one hundred per centum maliciously changing railway signals for the safety of
of the damage caused shall be imposed, when the property moving trains, destroying telegraph wires and telegraph
burned consist of grain fields, pasture lands, forests or posts, or those of any other system, and, in general, by
NOTES: plantations. using any other agency or means of destruction as
effective as those above enumerated, shall be punished by
6. The penalty of prisión correccional in its medium and reclusión temporal if the commission has endangered the
maximum periods, if the damage caused in the cases safety of any person; otherwise, the penalty of prisión
mentioned in paragraphs (b) and (c) of subdivision 3 of this mayor shall be imposed.
article does not exceed 6,000 pesos but is over 200.
ARTICLE 325. Burning One’s Own Property as a Means to
7. The penalty of prisión correccional in its minimum and Commit Arson. — Any person guilty of arson or causing
medium periods, if the damage caused in the cases mentioned great destruction of property belonging to another shall
in paragraphs (b) and (c) of subdivision 3 of this article does suffer the penalties prescribed in this chapter, even though
not exceed 200 pesos. he shall have set fire to or destroyed his own property for
the purpose of committing the crime.
ARTICLE 322. Cases of Arson Not Included in the Preceding
Articles. — Cases of arson not included in the next preceding ARTICLE 326. Setting Fire to Property Exclusively Owned
articles shall be punished: by the Offender. — If the property burned shall be the
exclusive property of the offender, he shall be punished by
1. By arresto mayor in its medium and maximum periods, when arresto mayor in its maximum period to prisión correccional
the damage caused does not exceed 50 pesos; in its minimum period, if the arson shall have been
committed for the purpose of defrauding or causing
2. By arresto mayor in its maximum period to prisión damage to another, or if, though such purpose be lacking,
correccional in its minimum period, when the damage caused said damage or prejudice shall actually have been caused,
is over 50 pesos but does not exceed 200 pesos; or if the thing burned shall have been a building in an
inhabited place.
3. By prisión correccional in its minimum and medium periods,
if the damage caused is over 200 pesos but does not exceed
1,000 pesos; and
Malicious Mischief

4. By prisión correccional in its medium and maximum periods,

ARTICLE 327. Who are Liable for Malicious Mischief . —
if it is over 1,000 pesos.
Any person who shall deliberately cause to the property of
another any damage not falling within the terms of the next
ARTICLE 323. Arson of Property of Small Value. — The arson
preceding chapter shall be guilty of malicious mischief.
of any uninhabited hut, storehouse, barn, shed, or any other
property the value of which does not exceed 25 pesos,
committed at a time or under circumstances which clearly
exclude all danger of the fire spreading, shall not be punished
by the penalties respectively prescribed in this chapter, but in
accordance with the damage caused and under the provisions
of the following chapter.

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Criminal Law
 ART. 328. Special cases of malicious mischief. - Any person
who shall cause damage to obstruct the performance of public
functions, or using any poisonous or corrosive substance; or
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spreading any infection or contagion among cattle; or who
ART. 331. Destroying or damaging statues, public
causes damage to the property of the National Museum or
III. REVISED PENAL CODE – BOOK monuments or paintings. - Any person who shall destroy or
TWO
National Library, or to any archive or registry, waterworks,
road, promenade, or any other thing used in common by the damage statues or any other useful or ornamental public
public, shall be punished: monument, shall suffer the penalty of arresto mayor in its
I. Title Ten - Crimes against Property
(Articles 293-332) medium period to prision correccional in its minimum
1. By prision correccional in its minimum and medium periods, period.
if the value of the damage caused exceeds Two hundred
thousand pesos (P200,000); Any person who shall destroy or damage any useful or
NOTES: ornamental painting of a public nature shall suffer the
2. By arresto mayor, if such value does not exceed the penalty of arresto menor or a fine not exceeding Forty
abovementioned amount but is over Forty thousand pesos thousand pesos (P40,000), or both such fine and
(P40,000): and imprisonment, in the discretion of the court. (As amended
by Sec. 89, RA 10951)
3. By arresto menor. if such value does not exceed Forty
thousand pesos (P40,000). (As amended by Sec. 87, RA 10951)
Exemption from Criminal Liability in Crimes Against
ART. 329. Other mischiefs. - The mischiefs not included in the Property
next preceding article shall be punished:
ARTICLE 332. Persons Exempt from Criminal Liability. —
1. By arresto mayor in its medium and maximum periods, if the No criminal, but only civil liability, shall result from the
value of the damage caused exceeds Two hundred thousand commission of the crime of theft, swindling or malicious
pesos (P200,000); mischief committed or caused mutually by the following
persons:
2. By arresto mayor in its minimum and medium periods, if such
value is over Forty thousand pesos (P40,000) but does not 1. Spouses, ascendants and descendants, or relatives by
exceed Two hundred thousand pesos (P200,000); and affinity in the same line;

3) By arresto menor or a fine of not less than the value of the 2. The widowed spouse with respect to the property which
damage caused and not more than Forty thousand pesos belonged to the deceased spouse before the same shall
(P40,000), if the amount involved does not exceed Forty have passed into the possession of another; and
thousand pesos (P40,000) or cannot be estimated. (As
amended by Sec. 88, RA 10951) 3. Brothers and sisters and brothers-in-law and sisters-in-
law, if living together.
ARTICLE 330. Damages and Obstruction to Means of
Communication. — The penalty of prisión correccional in its
The exemption established by this article shall not be
medium and maximum periods shall be imposed upon any
applicable to strangers participating in the commission of
person who shall damage any railway, telegraph or telephone
the crime.
lines.

If the damage shall result in any derailment of cars, collision

or other accident, the penalty of prisión mayor shall be
imposed, without prejudice to the criminal liability of the
offender for the other consequences of his criminal act.
For the purpose of the provisions of this article, the electric
wires, traction cables, signal system and other things
pertaining to railways, shall be deemed to constitute an
integral part of a railway system.

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Criminal Law
 PRESIDENTIAL DECREE No. 1612
ANTI-FENCING LAW OF 1979
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Section 2. Definition of Terms. The following terms shall mean
SECTION 1. Checks without sufficient funds.—Any person who makes
as follows: or draws and issues any check to apply on account or for value, knowing
III. REVISED PENAL CODE – BOOK
TWO at the time of issue that he does not have sufficient funds in or credit
(a) "Fencing" is the act of any person who, with intent to gain with the drawee bank for the payment of such check in full upon its
for himself or for another, shall buy, receive, possess, keep, presentment, which check is subsequently dishonored by the drawee
I. Title Ten - Crimes against Property
(Articles 293-332) acquire, conceal, sell or dispose of, or shall buy and sell, or in bank for insufficiency of funds or credit or would have been dishonored
for the same reason had not the drawer, without any valid reason,
any other manner deal in any article, item, object or anything ordered the bank to stop payment, shall be punished by imprisonment of
1. Anti-Fencing Law of 1979 – P.D. No. 1612,
secs. 2 and 5-6 of value which he knows, or should be known to him, to have not less than thirty days but not more than one (1) year or by a fine of
been derived from the proceeds of the crime of robbery or not less than but not more than double the amount of the check which
2. Bouncing Checks Law – B.P. Blg. 22,
secs. 1-3 and 5; A.C. No. 12-2000; A.C. No. theft. fine shall in no case exceed Two Hundred Thousand Pesos, or both such
13-2001 fine and imprisonment at the discretion of the court.
(b) "Fence" includes any person, firm, association corporation
NOTES: The same penalty shall be imposed upon any person who, having
or partnership or other organization who/which commits the sufficient funds in or credit with the drawee bank when he makes or
act of fencing. draws and issues a check, shall fail to keep sufficient funds or to
maintain a credit to cover the full amount of the check if presented
Section 5. Presumption of Fencing. Mere possession of any within a period of ninety (90) days from the date appearing thereon, for
which reason it is dishonored by the drawee bank.
good, article, item, object, or anything of value which has been
the subject of robbery or thievery shall be prima facie Where the check is drawn by a corporation, company or entity, the
evidence of fencing. person or persons who actually signed the check in behalf of such
drawer shall be liable under this Act.
Section 6. Clearance/Permit to Sell/Used Second Hand
Articles. For purposes of this Act, all stores, establishments SEC. 2. Evidence of knowledge of insufficient funds.—The making,
drawing and issuance of a check payment of which is refused by the
or entities dealing in the buy and sell of any good, article item,
drawee because of insufficient funds in or credit with such bank, when
object of anything of value obtained from an unlicensed dealer presented within ninety (90) days from the date of the check, shall be
or supplier thereof, shall before offering the same for sale to prima facie evidence of knowledge of such insufficiency of funds or
the public, secure the necessary clearance or permit from the credit unless such maker or drawer pays the holder thereof the amount
station commander of the Integrated National Police in the due thereon, or makes arrangements for payment in full by the drawee
of such check within five (5) banking days after receiving notice that
town or city where such store, establishment or entity is
such check has not been paid by the drawee.
located.
SEC. 3. Duty of drawee; rules of evidence.—It shall be the duty of the
The Chief of Constabulary/Director General, Integrated drawee of any check, when refusing to pay the same to the holder
National Police shall promulgate such rules and regulations to thereof upon presentment, to cause to be written, printed, or stamped in
plain language thereon, or attached thereto, the reason for drawee's
carry out the provisions of this section. Any person who fails
dishonor or refusal to pay the same: Provided, That where there are no
to secure the clearance or permit required by this section or sufficient funds in or credit with such drawee bank, such fact shall
who violates any of the provisions of the rules and regulations always be explicitly stated in the notice of dishonor or refusal. In all
promulgated thereunder shall upon conviction be punished as prosecutions under this Act, the introduction in evidence of any unpaid
a fence. and dishonored check, having the drawee's refusal to pay stamped or
written thereon, or attached thereto, with the reason therefor as
aforesaid, shall be prima facie evidence of the making or issuance of
said check, and the due presentment to the drawee for payment and the
BATAS PAMBANSA BLG. 22 dishonor thereof, and that the same was properly dishonored for the
reason written, stamped or attached by the drawee on such dishonored
AN ACT PENALIZING THE MAKING OR DRAWING AND check.
ISSUANCE OF A CHECK WITHOUT SUFFICIENT FUNDS OR
Notwithstanding receipt of an order to stop payment, the drawee shall
CREDIT AND FOR OTHER PURPOSES.
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 be the fact.

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Criminal Law
 SEC. 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.
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ADMINISTRATIVE CIRCULAR NO. 12-2000, February 21, 2001 ADMINISTRATIVE CIRCULAR NO. 13-2001 February 14, 2001
III. REVISED PENAL CODE – BOOK TO : ALL JUDGES
RE : PENALTY FOR VIOLATION OF B.P. BLG. 22
TWO
SUBJECT : CLARIFICATION OF ADMINISTRATIVE CIRCULAR NO. 12-
Section 1 of B.P. Blg. 22 (An Act Penalizing the Making or Drawing
I. Title Ten - Crimes against Property 2000 ON THE PENALTY FOR VIOLATION OF BATAS PAMBANSA
(Articles 293-332) and Issuance of a Check Without Sufficient Funds for Credit and BLG. 22, OTHERWISE KNOWN AS THE BOUNCING CHECK LAW.
for Other Purposes) imposes the penalty of imprisonment of not
2. Bouncing Checks Law – B.P. Blg. 22, less than thirty (30) days but not more than one (1) year or a fine
secs. 1-3 and 5; A.C. No. 12-2000; A.C. No. Clarification has been sought by concerned Judges and other
13-2001 of not less than but not more than double the amount of the parties regarding the operation of Administrative Circular 12-2000
check, which fine shall in no case exceed P200,000, or both issued on 21 November 2000. In particular, queries have been made
such fine and imprisonment at the discretion of the court. regarding the authority of Judges to:

NOTES: In its decision in Eduardo Vaca, v. Court of Appeals (G.R. No. 1. Impose the penalty of imprisonment for violations of Batas
131714, 16 November 1998; 298 SCRA 656, 664) the Supreme Pambansa Blg. 22; and
Court (Second Division) per Mr. Justice V. Mendoza, modified the
sentence imposed for violation of B.P. Blg. 22 by deleting the 2. Impose subsidiary imprisonment in the event that the accused
penalty of imprisonment and imposing only the penalty of fine in who is found guilty of violating the provisions of B.P. Blg. 22, is
unable to pay the fine which he is sentenced to pay considering
an amount double the amount of the check. In justification
that Administrative Circular No. 12-2000 adopted the rulings in
thereof, the Court said:
Eduardo Vaca v. Court of Appeals (G.R. No. 131714, 16 November
1998, 298 SCRA 656) and Rosa Lim v. People of the Philippines
Petitioners are first-time offenders. They are Filipino (G.R. No. 130038, 18 September 2000) as a policy of the Supreme
entrepreneurs who presumably contribute to the national Court on the matter of the imposition of penalties for violations of
economy. Apparently, they brought this appeal, believing in all B.P. Blg. 22, without mentioning whether subsidiary imprisonment
good faith, although mistakenly that they had not committed a could be resorted to in case of the accused's inability to pay the
violation of B.P. Blg. 22. Otherwise, they could simply have fine.
accepted the judgment of the trial court and applied for
probation to evade a prison term. It would best serve the ends of The clear tenor and intention of Administrative Circular No. 12-2000
criminal justice if in fixing the penalty within the range of is not to remove imprisonment as an alternative penalty, but to lay
discretion allowed by Section 1, par. 1, the same philosophy down a rule of preference in the application of the penalties
underlying the Indeterminate Sentence Law is observed, namely, provided for in B.P. Blg. 22.
that of redeeming valuable human material and preventing
unnecessary deprivation f personal liberty and economic The pursuit of this purpose clearly does not foreclose the
possibility of imprisonment for violations of B.P. Blg. 22. Neither
usefulness with due regard to the protection of the social order.
does it defeat the legislative intent behind the law.
In this case, we believe that a fine in an amount equal to double
the amount of the check involved is an appropriate penalty to
Thus, Administrative Circular No. 12-2000 establishes a rule of
impose on each of the petitioners In the recent case of Rosa Lim preference in the application of the penal provisions of B.P. Blg. 22
v. People of the Philippines (G. R. No. 130038, 18 September such that where the circumstances of both the offense and the
2000), the Supreme Court en banc, applying Vaca also deleted offender clearly indicate good faith or a clear mistake of fact
the penalty of imprisonment and sentenced the drawer of the without taint of negligence, the imposition of a fine alone should be
bounced check to the maximum of the fine allowed by B.P. Blg. considered as the more appropriate penalty. Needless to say, the
22, i.e., P200,000, and concluded that “such would best serve determination of whether the circumstances warrant the imposition
the ends of criminal justice.” of a fine alone rests solely upon the Judge. Should the Judge
decide that imprisonment is the more appropriate penalty,
All courts and judges concerned should henceforth take note of Administrative Circular No. 12-2000 ought not be deemed a
the foregoing policy of the Supreme Court on the matter of the hindrance.
imposition of penalties for violations of B.P. Blg. 22. The Court
Administrator shall cause the immediate dissemination of this It is, therefore, understood that:
1. Administrative Circular 12-2000 does not remove imprisonment
Administrative Circular to all courts and judges concerned.
as an alternative penalty for violations of B.P. Blg. 22;

This Administrative Circular, referred to and approved by the

Supreme Court en banc, shall take effect upon its issuance.
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Criminal Law
 2. The Judges concerned may, in the exercise of sound
discretion, and taking into consideration the peculiar
circumstances of each case, determine whether the
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imposition of a fine alone would best serve the interests of
Any person who is found guilty of carnapping shall,
III. REVISED PENAL CODE – BOOK
justice or whether forbearing to impose imprisonment would
regardless of the value of the motor vehicle taken, be
TWO depreciate the seriousness of the offense, work violence on
punished by imprisonment for not less than twenty (20)
the social order, or otherwise be contrary to the imperatives
years and one (1) day but not more than thirty (30) years,
I. Title Ten - Crimes against Property of justice;
(Articles 293-332) when the carnapping is committed without violence against
or intimidation of persons, or force upon things; and by
2. Bouncing Checks Law – B.P. Blg. 22, 3. Should only a fine be imposed and the accused be unable
imprisonment for not less than thirty (30) years and one (1)
secs. 1-3 and 5; A.C. No. 12-2000; A.C. No. to pay the fine, there is no legal obstacle to the application
13-2001 day but not more than forty (40) years, when the
of the Revised Penal Code provisions on subsidiary
carnapping is committed by means of violence against or
3. New Anti-Carnapping Act of 2016 – R.A. imprisonment.
No. 10883, secs. 2(e), 3 and 4 intimidation of persons, or force upon things; and the
The issuance of this Administrative Circular was authorized
penalty of life imprisonment shall be imposed when the
NOTES: by the Court En Banc in A.M. No. 00-11-01-SC at its session of
owner, driver, or occupant of the carnapped motor vehicle
13 February 2001.
is killed or raped in the commission of the carnapping.

The Clerk of Court of the Supreme Court and the Court

Any person charged with carnapping or when the crime of
Administrator shall immediately cause the implementation of
carnapping is committed by criminal groups, gangs or
this Administrative Circular.
syndicates or by means of violence or intimidation of any
person or persons or forced upon things; or when the
This Administrative Circular shall be published in a
owner, driver, passenger or occupant of the carnapped
newspaper of general circulation not later than 20 February
vehicle is killed or raped in the course of the carnapping
2001.
shall be denied bail when the evidence of guilt is strong.
Issued this 14th day of February, 2001.
SEC. 4. Concealment of Carnapping. – Any person who
conceals carnapping shall be punished with imprisonment
REPUBLIC ACT NO. 10883, July 17, 2016
of six (6) years up to twelve (12) years and a fine equal to
theamount of the acquisition cost of the motor vehicle,
AN ACT PROVIDING FOR A NEW ANTI-CARNAPPING LAW OF
motor vehicle engine, or any other part involved in the
THE PHILIPPINES
violation: Provided, That if the person violating any
provision of this Act is a juridical person, the penalty herein
SEC. 2. Definition of Terms. – As used in this Act:
provided shall be imposed on its president, secretary,
and/or members of the board of directors or any of its
(e) Motor vehicle refers to any vehicle propelled by any
officers and employees who may have directly participated
power other than muscular power using the public highways,
in the violation.
except road rollers, trolley cars, street sweepers, sprinklers,
lawn mowers, bulldozers, graders, forklifts, amphibian trucks,
Any public official or employee who directly commits the
and cranes if not used on public highways; vehicles which run
unlawful acts defined in this Act or is guilty of gross
only on rails or tracks; and tractors, trailers and traction
negligence of duty or connives with or permits the
engines of all kinds used exclusively for agricultural
commission of any of the said unlawful acts shall, in
purposes. Trailers having any number of wheels, when
addition to the penalty prescribed in the preceding
propelled or intended to be propelled by attachment to a
paragraph, be dismissed from the service, and his/her
motor vehicle, shall be classified as a separate motor
benefits forfeited and shall be permanently disqualified
vehicle with no power rating;
from holding public office.

SEC. 3. Carnapping; Penalties. – Carnapping is the taking,

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

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Criminal Law
 REPUBLIC ACT No. 11235

An Act Preventing and Penalizing the Use of Motorcycles in

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the Commission of Crimes By Requiring Bigger, Readable
If a motorcycle is used in the commission of a crime
III. REVISED PENAL CODE – BOOK
and Color-Coded Number Plates and Identification Marks,
constituting a less grave felony or light felony under
TWO and for Other Purposes
Revised Penal Code or any other crime, or in the escape
from the scene of such crime, regardless of the stage of
I. Title Ten - Crimes against Property Section 4. Registration by the Owner. - The owner of a
(Articles 293-332) commission whether attempted, frustrated, or
motorcycle shall register his or her motorcycle with the LTO
consummated, the owner, driver, backrider or passenger
4. Motorcycle Crime Prevention Act – R.A. within five (5) days from such acquisition of ownership. The
who participated in the same shall be punished by prision
No. 11235, secs. 4, 7, 9 and 11-13 owner of a motorcycle shall also immediately report any sale
correccional to prision mayor, as provided under the
or disposition of his or her motorcycle to the LTO. Failure of
Revised Penal Code.
the owner to register within five days from the acquisition of
ownership, or to immediately report its sale or disposition,
If a seized motorcycle is used in the commission of a
NOTES: shall subject the owner to a penalty of imprisonment or
crime, the maximum penalty of the relevant crime or
arresto mayor to prision correccional, as defined under the
offense shall be imposed.
Revised Penal Code, or fine of not less than Twenty thousand
pesos (P20,000.00) but not more than Fifty thousand pesos
If death or serious physical injuries, as defined under the
(P50,000.00) or both.
Revised Penal Code, results from the unlawful use of a
motorcycle in the commission of a crime, the penalty of
If a motorcycle that is not yet registered with the LTO is used
reclusion perpetua as provided under the Revised Penal
in connection with an offense punishable under the penalty
Code shall be imposed.
of the relevant offense shall be imposed on the offenders.
Section 11. Loss Number Plate or Readable Number Plate.
Section 7. Driving Without a Number Plate or Readable
- If the number plate or readable number plate of a
Number Plate. - Driving without a number plate or readable
motorcycle is lost, damaged, or stolen, the owner of such
number plate, as provided in the Revised Penal Code, or a
motorcycle shall immediately report the same to the LTO
fine of not less than Fifty thousand pesos (P50,000.00) but
and PNP through the Joint PNP and LTO Operations and
not more than One hundred thousand (P100,000.00) or both.
Control Center, and request a replacement number plate.
A motorcycle driven without a number plate or a readable
Failure of the owner to report the same shall subject te
number plate shall be stopped, and such motorcycle shall be
owner to fine of not less than Twenty thousand pesos
seized by law enforcers and immediately surrendered to the
(P20,000.00) but not more than Fifty thousand pesos
Philippine National Police (PNP). Any apprehension must be
(P50,000.00).
reported immediately to the LTO, PNP and the Department of
Information and Communication Technology (DICT) Through
However, if the lost, damaged or stolen number plate or
the Joint LTO and PNP Operations and Control Center. The
readable number plate is used in connection with an
owner of such motorcycle may redeem his or her ownership,
offense penalized under the Revised Penal Code or special
payment of the costs of seizure, and compliance with a
penal laws, the failure of the owner to report within three
number plate or readable number plate.
(3) days that the motorcycle is lost, damaged, or stolen,
shall subject the owner to a penalty of imprisonment of
Section 9. Use of a Motorcycle in the Commission of Crime.
arresto mayor to prision correccional.
- If a motorcycle is used in the commission of a crime
constituting a grave felony under the Revised Penal Code, or
in the escape from the scene of such crime, regardless of
the stage of commission, whether attempted, frustrated, or
consummated, the owner, driver, backrider or passenger who
participated in the same shall be punished by reclusion
temporal to reclusion perpetua as provided under the
Revised Penal Code.

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Criminal Law
 Section 12. Erasing, Tampering, Forging, Imitating, Covering
or Concealing a Number Plate or Readable Number Plate
and Intentional Use Thereof. - Erasing, tampering, altering,
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forging, imitating, covering, concealing a number plate or
3. Any church or place of worship or other building where
III. REVISED PENAL CODE – BOOK
readable number plate, or the intentional use of such erased,
people usually assemble.
TWO tampered, altered, forged, imitated, covered or concealed
number plate or readable number plate, under this Act shall
4. Any train, airplane or any aircraft, vessel or watercraft, or
I. Title Ten - Crimes against Property be punished by prision mayor as provided under the Revised
(Articles 293-332) conveyance for transportation of persons or property
Penal Code, or a fine of not less that Fifty thousand pesos
4. Motorcycle Crime Prevention Act – R.A. (P50,000.00) but not more than One hundred thousand pesos
5. Any building where evidence is kept for use in any
No. 11235, secs. 4, 7, 9 and 11-13 (P100,000.00), or both.
legislative, judicial, administrative or other official
5. Law on Arson – P.D. No. 1613, secs. 1-7 proceedings.
If a person knowingly sells or buys an erased, tampered,
altered, forged or imitated number plate or readable number
6. Any hospital, hotel, dormitory, lodging house, housing
NOTES: plate, both such buyer and seller shall be punished by prision
tenement, shopping center, public or private market,
mayor as provided under the Revised Penal Code. However,
theater or movie house or any similar place or building.
if a person who sells or buys the number plate proves that he
or she has no knowledge that it was erased, tampered,
7. Any building, whether used as a dwelling or not, situated
altered, forged or imitated, he or she shall be punished by
in a populated or congested area.
arresto mayor.
Section 3. Other Cases of Arson. The penalty of Reclusion
Section 13. Use of a Stolen Number Plate or Readable
Temporal to Reclusion Perpetua shall be imposed if the
Number Plate. - The use of a stolen number plate or
property burned is any of the following:
readable number plate in a motorcycle shall be punished by
prision mayor as provided under the Revised Penal Code, or
1. Any building used as offices of the government or any of
a fine of not less than Fifty Thousanda pesos (P50,000.00)
its agencies;
but not more than One hundred thousand pesos
2. Any inhabited house or dwelling;
(P100,000.00), or both at the direction of the court.
3. Any industrial establishment, shipyard, oil well or mine
shaft, platform or tunnel;
4. Any plantation, farm, pastureland, growing crop, grain
PRESIDENTIAL DECREE No. 1613
field, orchard, bamboo grove or forest;
4. Any rice mill, sugar mill, cane mill or mill central; and
AMENDING THE LAW ON ARSON
5. Any railway or bus station, airport, wharf or warehouse.

Section 1. Arson. Any person who burns or sets fire to the

Section 4. Special Aggravating Circumstances in Arson.
property of another shall be punished by Prision Mayor.
The penalty in any case of arson shall be imposed in its
The same penalty shall be imposed when a person sets fire
maximum period;
to his own property under circumstances which expose to
danger the life or property of another.
1. If committed with intent to gain;
2. If committed for the benefit of another;
Section 2. Destructive Arson. The penalty of Reclusion
3. If the offender is motivated by spite or hatred towards
Temporal in its maximum period to Reclusion Perpetua shall
the owner or occupant of the property burned;
be imposed if the property burned is any of the following:
4. If committed by a syndicate.

1. Any ammunition factory and other establishment where

The offense is committed by a syndicate if its is planned or
explosives, inflammable or combustible materials are stored.
carried out by a group of three (3) or more persons.

2. Any archive, museum, whether public or private, or any

edifice devoted to culture, education or social services.

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Criminal Law
 Section 5. Where Death Results from Arson. If by reason of
or on the occasion of the arson death results, the penalty of
Reclusion Perpetua to death shall be imposed.
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Crimes Against Chastity
III. REVISED PENAL CODE – BOOK
Section 6. Prima Facie evidence of Arson. Any of the
TWO following circumstances shall constitute prima facie Adultery and Concubinage
evidence of arson:
I. Title Ten - Crimes against Property ARTICLE 333. Who are Guilty of Adultery. — Adultery is
(Articles 293-332)
1. If the fire started simultaneously in more than one part of committed by any married woman who shall have sexual
5. Law on Arson – P.D. No. 1613, secs. 1-7 the building or establishment. intercourse with a man not her husband and by the man who
has carnal knowledge of her, knowing her to be married, even if
J. Title Eleven - Crimes against Chastity
(Articles 333-346) 2. If substantial amount of flammable substances or the marriage be subsequently declared void.
materials are stored within the building note necessary in the
business of the offender nor for household us. Adultery shall be punished by prisión correccional in its
NOTES: medium and maximum periods.
3. If gasoline, kerosene, petroleum or other flammable or
combustible substances or materials soaked therewith or If the person guilty of adultery committed this offense while
being abandoned without justification by the offended spouse,
containers thereof, or any mechanical, electrical, chemical,
the penalty next lower in degree than that provided in the next
or electronic contrivance designed to start a fire, or ashes or
preceding paragraph shall be imposed.
traces of any of the foregoing are found in the ruins or
premises of the burned building or property.
ARTICLE 334. Concubinage. — Any husband who shall keep a
mistress in the conjugal dwelling, or, shall have sexual
4. If the building or property is insured for substantially more intercourse, under scandalous circumstances, with a woman
than its actual value at the time of the issuance of the policy. who is not his wife, or shall cohabit with her in any other place,
shall be punished by prisión correccional in its minimum and
5. If during the lifetime of the corresponding fire insurance medium periods.
policy more than two fires have occurred in the same or
other premises owned or under the control of the offender The concubine shall suffer the penalty of destierro.
and/or insured.

6. If shortly before the fire, a substantial portion of the Rape and Acts of Lasciviousness
effects insured and stored in a building or property had been
withdrawn from the premises except in the ordinary course ARTICLE 335. When and How Rape is Committed. — Rape is
committed by having carnal knowledge of a woman under any
of business.
of the following circumstances:

7. If a demand for money or other valuable consideration was

1. By using force or intimidation;
made before the fire in exchange for the desistance of the
offender or for the safety of the person or property of the 2. When the woman is deprived of reason or otherwise
victim. unconscious; and

Section 7. Conspiracy to commit Arson. Conspiracy to 3. When the woman is under twelve years of age, even though
commit arson shall be punished by Prision Mayor in its neither of the circumstances mentioned in the two next
minimum period. preceding paragraphs shall be present.
The crime of rape shall be punished by reclusión temporal.

ARTICLE 336. Acts of Lasciviousness. — Any person who shall

commit any act of lasciviousness upon other persons of either
sex, under any of the circumstances mentioned in the
preceding article, shall be punished by prisión correccional.

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Criminal Law
 Seduction, Corruption of Minors and White Slave Trade

ARTICLE 337. Qualified Seduction. — The seduction of a virgin

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over twelve years and under eighteen years of age, committed
by any person in public authority, priest, house-servant, ARTICLE 343. Consented Abduction. — The abduction of a
III. REVISED PENAL CODE – BOOK
domestic, guardian, teacher, or any person who, in any capacity, virgin over twelve years and under eighteen years of age,
TWO carried out with her consent and with lewd designs, shall be
shall be entrusted with the education or custody of the woman
seduced, shall be punished by prisión correccional in its punished by the penalty of prisión correccional in its minimum
J. Title Eleven - Crimes against Chastity and medium periods.
(Articles 333-346) minimum and medium periods.

The penalty next higher in degree shall be imposed upon any Provisions Relative to the Preceding Chapters of Title Eleven
person who shall seduce his sister or descendant, whether or
not she be a virgin or over eighteen years of age. ARTICLE 344. Prosecution of the Crimes of Adultery,
Concubinage, Seduction, Abduction, Rape and Acts of
Under the provisions of this Chapter, seduction is committed Lasciviousness. — The crimes of adultery and concubinage
NOTES: when the offender has carnal knowledge of any of the persons shall not be prosecuted except upon a complaint filed by the
and under the circumstances described herein. offended spouse.

ARTICLE 338. Simple Seduction. — The seduction of a woman The offended party cannot institute criminal prosecution
who is single or a widow of good reputation, over twelve but without including both the guilty parties, if they are both alive,
under eighteen years of age, committed by means of deceit, nor, in any case, if he shall have consented or pardoned the
shall be punished by arresto mayor. offenders.

ARTICLE 339. Acts of Lasciviousness with the Consent of the The offenses of seduction, abduction, rape or acts of
Offended Party. — The penalty of arresto mayor shall be lasciviousness, shall not be prosecuted except upon a
imposed to punish any other acts of lasciviousness committed by complaint filed by the offended party or her parents,
the same persons and the same circumstances as those grandparents, or guardian, nor, in any case, if the offender has
provided in articles 337 and 338. been expressly pardoned by the above named persons, as the
case may be.
ARTICLE 340. Corruption of Minors. — Any person who shall
habitually or with abuse of authority or confidence, promote or In cases of seduction, abduction, acts of lasciviousness and
facilitate the prostitution or corruption of persons underage to rape, the marriage of the offender with the offended party shall
satisfy the lust of another, shall be punished by prisión extinguish the criminal action or remit the penalty already
correccional in its minimum and medium periods, and if the imposed upon him. The provisions of this paragraph shall also
culprit be a public officer, he shall also suffer the penalty of be applicable to the co-principals, accomplices and
temporary absolute disqualification. accessories after the fact of the abovementioned crimes.

ARTICLE 341. White Slave Trade. — The penalty of prisión ARTICLE 345. Civil Liability of Persons Guilty of Crimes
correccional in its medium and maximum periods shall be Against Chastity. — Person guilty of rape, seduction or
imposed upon any person who, in any manner, or under any abduction, shall also be sentenced:
pretext, shall engage in the business or shall profit by
prostitution or shall enlist the services of women for the purpose 1. To indemnify the offended woman.
of prostitution.
2. To acknowledge the offspring, unless the law should prevent
Abduction him from so doing.

ARTICLE 342. Forcible Abduction. — The abduction of any 3. In every case to support the offspring.
woman against her will and with lewd designs shall be punished
by reclusión temporal. The adulterer and the concubine in the case provided for in
articles 333 and 334 may also be sentenced, in the same
The same penalty shall be imposed in every case, if the female proceeding or in a separate civil proceeding, to indemnify for
abducted be under twelve years of age. damages caused to the offended spouse.

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 ARTICLE 346. Liability of Ascendants, Guardians, Teachers, or
Other Persons Entrusted with the Custody of the Offended
Party. — The ascendants, guardians, curators, teachers and any
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person who, by abuse of authority or confidential relationship,
shall cooperate as accomplices in the perpetration of the crimes ARTICLE 350. Marriage Contracted Against Provisions of
III. REVISED PENAL CODE – BOOK
embraced in chapters second, third and fourth of this title, shall Laws. — The penalty of prisión correccional in its medium and
TWO maximum periods shall be imposed upon any person who,
be punished as principals.
without being included in the provisions of the next preceding
J. Title Eleven - Crimes against Chastity article, shall contract marriage knowing that the requirements
(Articles 333-346) Teachers or other persons in any other capacity entrusted with
the education and guidance of youth, shall also suffer the of the law have not been complied with or that the marriage is
K. Title Twelve - Crimes against the Civil penalty of temporary special disqualification in its maximum in disregard of a legal impediment.
Status of Persons (Articles 347-352)
period to perpetual special disqualification.
L. Title Thirteen - Crimes against Honor
If either of the contracting parties shall obtain the consent of
(Articles 353-364) - Guidelines for the Any person falling within the terms of this article, and any other the other by means of violence, intimidation or fraud, he shall
Imposition of Penalties in Libel Cases – be punished by the maximum period of the penalty provided in
A.C. No. 08 2008 person guilty of corruption of minors for the benefit of another,
shall be punished by special disqualification from filling the the next preceding paragraph.

NOTES: office of guardian.

ARTICLE 351. Premature Marriages. — Any widow who shall
marry within three hundred and one days from the date of the
Crimes Against the Civil Status of Persons death of her husband, or before having delivered if she shall
have been pregnant at the time of his death, shall be punished
Simulation of Births and Usurpation of Civil Status by arresto mayor and fine not exceeding 500 pesos.

ART. 347. Simulation of births, substitution of one child The same penalties shall be imposed upon any woman whose
foranother and concealment or abandonment of a legitimate marriage shall have been annulled or dissolved, if she shall
child. - The simulation of births and the substitution of one child marry before her delivery or before the expiration of the period
for another shall be punished by prision mayor and a fine of not of three hundred and one days after the legal separation.
exceeding Two hundred thousand pesos (P200,000).
ARTICLE 352. Performance of Illegal Marriage Ceremony. —
The same penalties shall be imposed upon any person who shall Priests or ministers of any religious denomination or sect, or
conceal or abandon any legitimate child with intent to cause civil authorities who shall perform or authorize any illegal
such child to lose its civil status. marriage ceremony shall be punished in accordance with the
provisions of the marriage law.
Any physician or surgeon or pub he officer who, in violation of
the duties of his profession or office - shall cooperate in the Crimes Against Honor
execution of any of the crimes mentioned in the two (2) next
preceding paragraphs, shall suffer the penalties therein Libel
prescribed and also the penalty of temporary special
disqualification. (As amended by Sec. 90, RA 10951) Definitions, Forms and Punishment of this Crime

ARTICLE 348. Usurpation of Civil Status. — The penalty of ARTICLE 353. Definition of Libel. — A libel is a public and
prisión mayor shall be imposed upon any person who shall usurp malicious imputation of a crime, or of a vice or defect, real or
the civil status of another, should he do so for the purpose of imaginary, or any act, omission, condition, status, or
defrauding the offended party or his heirs; otherwise, otherwise, circumstance tending to cause the dishonor, discredit, or
the penalty of prisión correccional in its medium and maximum contempt of a natural or juridical person, or to blacken the
periods shall be imposed. memory of one who is dead.

Illegal Marriages

ARTICLE 349. Bigamy. — The penalty of prisión mayor shall be

imposed upon any person who shall contract a second or
subsequent marriage before the former marriage has been
legally dissolved, or before the absent spouse has been
declared presumptively dead by means of a judgment rendered
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 ARTICLE 354. Requirement for Publicity. — Every defamatory
imputation is presumed to be malicious, even if it be true, if no
good intention and justifiable motive for making it is shown,
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except in the following cases:
ART. 359. Slander by deed. - The penalty of arresto mayor in its
III. REVISED PENAL CODE – BOOK maximum period to prision correccional in its minimum period or a
1. A private communication made by any person to another in the
TWO fine ranging from Twenty thousand pesos (P20,000) to One hundred
performance of any legal, moral or social duty; and
thousand pesos (P100,000) shall be imposed upon any person who
L. Title Thirteen - Crimes against Honor shall perform any act not included and punished in this title., which
(Articles 353-364) - Guidelines for the 2. A fair and true report, made in good faith, without any shall cast, dishonor, discredit or contempt upon another person. If
Imposition of Penalties in Libel Cases – comments or remarks, of any judicial, legislative or other official said act is not of a serious nature, the penalty shall be arresto
A.C. No. 08 2008 proceedings which are not of confidential nature, or of any menor or a fine not exceeding Twenty thousand pesos (P20,000).
statement, report or speech delivered in said proceedings, or of (As amended by Sec. 95, RA 10951)
any other act performed by public officers in the exercise of
their functions. General Provisions

ART. 355. Libel by means of writings or similar means. - A libel ARTICLE 360. Persons Responsible. — Any person who shall
committed by means of writing, printing, lithography, engraving, publish, exhibit or cause the publication or exhibition of any
NOTES: defamation in writing or by similar means, shall be responsible for
radio, phonograph, painting, theatrical exhibition.,
cinematographic exhibition, or any similar means, shall be the same.
punished by prision correccional in its minimum and medium
The author or editor of a book or pamphlet, or the editor or
periods or a fine ranging from Forty thousand pesos (P40,000) to
business manager of a daily newspaper, magazine or serial
One million two hundred thousand pesos (P1,200,000), or both, in
publication, shall be responsible for the defamation contained
addition to the civil action which may be brought by the offended
therein to the same extent as if he were the author thereof.
party. (As amended by Sec. 91, RA 10951) The criminal action and the civil action for damages in cases of
written defamation, as provided in this chapter, may be filed
ART. 356. Threatening to publish and offer to prevent such simultaneously or separately with the Court of First Instance of the
publication for a compensation. - The penalty of arresto mayor province wherein the libel was published, displayed or exhibited,
or a fine from Forty thousand pesos (P40,000) to Four hundred regardless of the place where the same was written, printed or
thousand pesos (P400,000), or both, shall be imposed upon any composed.
person who threatens another to publish a libel concerning him
or the parents, spouse, child, or other member of the family of No criminal action for defamation which consists in the imputation
the latter, or upon anyone who shall offer to prevent the of a crime which cannot be prosecuted de officio shall be brought
publication of such, libel for a compensation or money except at the instance of and upon complaint expressly filed by the
consideration. (As amended by Sec. 92, RA 10951) offended party.

ARTICLE 361. Proof of the Truth. — In every criminal prosecution

for libel, the truth may be given in evidence to the court and if it
ART. 357. Prohibited publication of acts referred to in the
appears that the matter charged as libelous is true, and, moreover,
course of official proceedings. - The penalty of arresto mayor or
that it was published with good motives and for justifiable ends, the
a fine of Forty thousand pesos (P40,000) to Two hundred defendants shall be acquitted.
thousand pesos (P200,000), or both, shall be imposed upon any
reporter, editor or manager of a newspaper, daily or magazine, Proof of the truth of an imputation of an act or omission not
who shall publish facts connected with the private life of another constituting a crime shall not be admitted, unless the imputation
and offensive to the honor, virtue and reputation of said person, shall have been made against Government employees with respect
even though said publication be made in connection with or to facts related to the discharge of their official duties.
under the pretext that it is necessary in the narration of any
judicial or administrative proceedings wherein such facts have In such cases if the defendant proves the truth of the imputation
been mentioned. (As amended by Sec. 91, RA 10951) made by him, he shall be acquitted.

ART. 358. Slander. - Oral defamation shall be punished by ARTICLE 362. Libelous Remarks. — Libelous remarks or comments
arresto mayor in its maximum period to prision correccional in its connected with the matter privileged under the provisions of article
354, if made with malice, shall not exempt the author thereof nor
minimum period if it is of a serious and insulting nature;
the editor or managing editor of a newspaper from criminal liability.
otherwise the penalty shall be arresto menor or a fine not
exceeding Twenty thousand pesos (P20,000). (As amended by
Sec. 91, RA 10951)
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 Incriminatory Machinations

ARTICLE 363. Incriminating Innocent Person. — Any person

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who, by any act not constituting perjury, shall directly
P 4,000.00, with subsidiary imprisonment in case of insolvency,
incriminate or impute to an innocent person the commission
III. REVISED PENAL CODE – BOOK in each of the (5) cases of libel, on the ground that the
TWO of a crime, shall be punished by arresto mayor. intensely feverish passions evoked during the election period
in 1988 must have agitated petitioner into writing his open
L. Title Thirteen - Crimes against Honor ART. 364. Intriguing against honor. - The penalty of arresto letter; and that incomplete privileged communication should be
(Articles 353-364) - Guidelines for the
menor or fine not exceeding Twenty thousand pesos appreciated in favor of petitioner, especially considering the
Imposition of Penalties in Libel Cases –
A.C. No. 08 2008 (P20,000) shall be imposed for any intrigue which has for its wide latitude traditionally given to defamatory utterances
principal purpose to blemish the honor or reputation of a against public officials in connection with or relevant to their
person. (As amended by Sec. 96, RA 10951) performance of official duties or against public figures in
relation to matters of public interest involving them.

ADMINISTRATIVE CIRCULAR No. 08-2008 In Jose Alemania Buatis, Jr. v. People of the Philippines and
Atty. Jose Pieraz, opted to impose upon petitioner, a lawyer,
NOTES: the penalty of fine only for the crime of libel considering that it
Article 355 of the Revised Penal Code penalizes libel,
was his first offense and he was motivated purely by his belief
committed by means of writing, printing, lithography,
that he was merely exercising a civic or moral duty to his client
engraving, radio, phonograph, painting, theatrical exhibition,
when he wrote the defamatory letter to private complainant.
cinematographic exhibition, or any similar means, with prision
correccional in its minimum and medium periods or a fine
The foregoing cases indicate an emergent rule of preference
ranging from 200 to 6,000 pesos, or both, in addition to the for the imposition of fine only rather than imprisonment in libel
civil action which may be brought by the offended party. cases under the circumstances therein specified.

In the following cases, the Court opted to impose only a fine All courts and judges concerned should henceforth take note
on the person convicted of the crime of libel: In Fernando of the foregoing rule of preference set by the Supreme Court
Sazon v. Court of Appeals and People of the Philippines, the on the matter of the imposition of penalties for the crime of
Court modified the penalty imposed upon petitioner, an libel bearing in mind the following principles:
officer of a homeowners' association, for the crime of libel
from imprisonment and fine in the amount of P 200.00, to fine 1.This Administrative Circular does not remove imprisonment as
only of P 3,000.00, with subsidiary imprisonment in case of an alternative penalty for the crime of libel under Article 355 of
insolvency, for the reason that he wrote the libelous article the Revised Penal Code;
merely to defend his honor against the malicious messages
2. The Judges concerned may, in the exercise of sound
that earlier circulated around the subdivision, which he
discretion, and taking into consideration the peculiar
thought was the handiwork of the private complainant.
circumstances of each case, determine whether the imposition
of a fine alone would best serve the interests of justice or
In Quirico Mari v. Court of Appeals and People of the
whether forbearing to impose imprisonment would depreciate
Philippines, where the crime involved is slander by deed, the the seriousness of the offense, work violence on the social
Court modified the penalty imposed on the petitioner, an order, or otherwise be contrary to the imperatives of justice;
ordinary government employee, from imprisonment to fine of
P1,000.00, with subsidiary imprisonment in case of 3. Should only a fine be imposed and the accused be unable to
insolvency, on the ground that the latter committed the pay the fine, there is no legal obstacle to the application of the
offense in the heat of anger and in reaction to a perceived Revised Penal Code provisions on subsidiary imprisonment.
provocation. In Roberto Brillante v. Court of Appeals and
People of the Philippines, the Court deleted the penalty of
imprisonment imposed upon petitioner, a local politician, but
maintained the penalty of fine of

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 ART. 365. Imprudence and negligence. - Any person who, by
reckless imprudence, shall commit any act which, had it been
intentional, would constitute a grave felony, shall suffer the
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penalty of arresto mayor in its maximum period to prision
Reckless imprudence consists in voluntarily, but without
III. REVISED PENAL CODE – BOOK
correccional in its medium period; if it would have
malice, doing or failing to do an act from which material
TWO constituted a less grave felony, the penalty of arresto mayor
damage results by reason of inexcusable lack of
in its minimum and medium periods shall be imposed; if it
precaution on the part of the person performing or failing
M. Title Fourteen - Quasi-Offenses (Article would have constituted a light felony, the penalty of arresto
365) to perform such act. taking into consideration his
menor in its maximum period shall be imposed.
employment or occupation, degree of intelligence, physical
condition and other circumstances regarding persons, time
Any person who. by simple imprudence or negligence, shall
and place.
commit an act which would otherwise constitute a grave
felony, shall suffer the penalty of arresto mayor in its
Simple imprudence consists in the lack of precaution
medium and maximum periods; if it would have constituted a
displayed in those cases in which the damage impending to
less serious felony, the penalty of arresto mayor in its
be caused is not immediate nor the danger clearly
NOTES: minimum period shall be imposed.
manifest.

When the execution of the act covered by this article shall

The penalty next higher in degree to those provided for in
have only resulted in damage to the property of another, the
this article shall be imposed upon the offender who fails to
offender shall be punished by a fine ranging from an amount
lend on the spot to the injured parties such help as may be
equal to the value of said damages to three (3) times such
in his hands to give. (As amended by Sec. 97, RA 10951)
value, but which shall in no case be less than Five thousand
pesos (P5,000).

A fine not. exceeding Forty thousand pesos (P40,000) and

censure shall be imposed upon any person, who, by simple
imprudence or negligence, shall cause some wrong which, if
done maliciously, would have constituted a light felony.

In the imposition of these penalties, the court shall exercise

their sound discretion, without regard to the rules prescribed
In Article 64.

The provisions contained in this article shall not be

applicable:

1. When the penalty provided for the offense is equal to or

lower than those provided in the first two (2) paragraphs of
this article, in which case the court shall impose the penalty
next lower in degree than that which should be imposed in
the period which they may deem proper to apply.

2. When, by imprudence or negligence and with violation of

the Automobile Law, the death of a person shall be caused,
in which case the defendant shall be punished by prision
correccional in its medium and maximum periods.

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 REPUBLIC ACT NO. 10591

AN ACT PROVIDING FOR A COMPREHENSIVE LAW ON FIREARMS

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AND AMMUNITION AND PROVIDING PENALTIES FOR VIOLATIONS
THEREOF (h) Authorized manufacturer refers to any person, legal
IV. SPECIAL PENAL LAWS entity, corporation, or partnership duly licensed by the FEO
SEC. 3. Definition of Terms. – As used in this Act: of the PNP to engage in the business of manufacturing
firearms, and ammunition or parts thereof for purposes of
A. Comprehensive Firearms and
Ammunition Regulation Act (R.A. No. 10591, (a) Accessories refer to parts of a firearm which may enhance or sale or distribution.
secs. 3 and 28-41) increase the operational efficiency or accuracy of a firearm but
will not constitute any of the major or minor internal parts (i) Confiscated firearm refers to a firearm that is taken into
thereof such as, hut not limited to, laser scope, telescopic sight custody by the PNP, National Bureau of Investigation (NBI),
and sound suppressor or silencer. Philippine Drug Enforcement Agency (PDEA), and all other
law enforcement agencies by reason of their mandate and
(b) Ammunition refers to a complete unfixed unit consisting of a
must be necessarily reported or turned over to the PEO of
bullet, gunpowder, cartridge case and primer or loaded shell for
the PNP.
NOTES: use in any firearm.

(j) Demilitarized firearm refers to a firearm deliberately

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

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Criminal Law
 (o) Gun club refers to an organization duly registered with and
accredited in good standing by the FEO of the PNP which is
established for the purpose of propagating responsible and safe
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gun ownership, proper appreciation and use of firearms by its
members, for the purpose of sports and shooting competition, (w) Major part or components of a firearm refers to the
IV. SPECIAL PENAL LAWS self-defense and collection purposes. barrel, slide, frame, receiver, cylinder or the bolt assembly.
The term also includes any part or kit designed and
(p) Gunsmith refers to any person, legal entity, corporation, intended for use in converting a semi-automatic burst to a
A. Comprehensive Firearms and
Ammunition Regulation Act (R.A. No. 10591, partnership or business duly licensed by the FEO of the PNP to full automatic firearm.
secs. 3 and 28-41) engage in the business of repairing firearms and other weapons
or constructing or assembling firearms and weapons from (x) Minor parts of a firearm refers to the parts of the firearm
finished or manufactured parts thereof on a per order basis and other than the major parts which are necessary to effect
not in commercial quantities or of making minor parts for the and complete the action of expelling a projectile by way of
purpose of repairing or assembling said firearms or weapons. combustion, except those classified as accessories.

(q) Imitation firearm refers to a replica of a firearm, or other

(y) Permit to carry firearm outside of residence refers to a
NOTES: device that is so substantially similar in coloration and overall
written authority issued to a licensed citizen by the Chief of
appearance to an existing firearm as to lead a reasonable person
the PNP which entitles such person to carry his/her
to believe that such imitation firearm is a real firearm.
registered or lawfully issued firearm outside of the
(r) Licensed citizen refers to any Filipino who complies with the residence for the duration and purpose specified in the
qualifications set forth in this Act and duly issued with a license authority.
to possess or to carry firearms outside of the residence in
accordance with this Act. (z) Permit to transport firearm refers to a written authority
issued to a licensed citizen or entity by the Chief of the
(s) Licensed, juridical entity refers to corporations, organizations, PNP or by a PNP Regional Director which entitles such
businesses including security agencies and local government person or entity to transport a particular firearm from and
units (LGUs) which are licensed to own and possess firearms in to a specific location within the duration and purpose in the
accordance with this Act. authority.

(t) Light weapons are: Class-A Light weapons which refer to self- (aa) Residence refers to the place or places of abode of
loading pistols, rifles and carbines, submachine guns, assault
the licensed citizen as indicated in his/her license.
rifles and light machine guns not exceeding caliber 7.62MM
which have fully automatic mode; and Class-B Light weapons
(bb) Shooting range refers to a facility established for the
which refer to weapons designed for use by two (2) or more
purpose of firearms training and skills development, firearm
persons serving as a crew, or rifles and machine guns exceeding
caliber 7.62MM such as heavy machine guns, handheld testing, as well as for sports and competition shooting
underbarrel and mounted grenade launchers, portable anti- either for the exclusive use of its members or open to the
aircraft guns, portable anti-tank guns, recoilless rifles, portable general public, duly registered with and accredited in good
launchers of anti-tank missile and rocket systems, portable standing by the FEO of the PNP.
launchers of anti-aircraft missile systems, and mortars of a
caliber of less than 100MM. (cc) Short certificate of registration refers to a certificate
issued by the FEO of the PNP for a government official or
(u) Long certificate of registration refers to licenses issued to employee who was issued by his/her employer department,
government agencies or offices or government-owned or - agency or government-owned or -controlled corporation a
controlled corporations for firearms to be used by their officials firearm covered by the long certificate of registration.
and employees who are qualified to possess firearms as provider
in this Act, excluding security guards.

(v) Loose firearm refers to an unregistered firearm, an obliterated

or altered firearm, firearm which has been lost or stolen, illegally
manufactured firearms, registered firearms in the possession of
an individual other than the licensee and those with revoked
licenses in accordance with the rules and regulations.
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 (dd) Small arms refer to firearms intended to be or primarily
designed for individual use or that which is generally considered
to mean a weapon intended to be fired from the hand or
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shoulder, which are not capable of fully automatic bursts of
discharge, such as: (c) The penalty of prision mayor in its maximum period shall be
IV. SPECIAL PENAL LAWS imposed upon any person who shall unlawfully acquire or
(1) Handgun which is a firearm intended to be fired from the hand, possess a Class-A light weapon;
which includes:
A. Comprehensive Firearms and (d) The penalty of reclusion perpetua shall be imposed upon
Ammunition Regulation Act (R.A. No. 10591,
secs. 3 and 28-41) (i) A pistol which is a hand-operated firearm having a chamber any person who shall, unlawfully acquire or possess a Class-B
integral with or permanently aligned with the bore which may be light weapon;
self-loading; and
(e) The penalty of one (1) degree higher than that provided in
(ii) Revolver which is a hand-operated firearm with a revolving paragraphs (a) to (c) in this section shall be imposed upon any
cylinder containing chambers for individual cartridges. person who shall unlawfully possess any firearm under any or
combination of the following conditions:

NOTES: (2) Rifle which is a shoulder firearm or designed to be fired from

the shoulder that can discharge a bullet through a rifled barrel by (1) Loaded with ammunition or inserted with a loaded magazine;
different actions of loading, which may be classified as lever, (2) Fitted or mounted with laser or any gadget used to guide
bolt, or self-loading; and the shooter to hit the target such as thermal weapon sight
(TWS) and the like;
(3) Shotgun which is a weapon designed, made and intended to (3) Fitted or mounted with sniper scopes, firearm muffler or
fire a number of ball shots or a single projectile through a firearm silencer;
smooth bore by the action or energy from burning gunpowder. (4) Accompanied with an extra barrel; and
(5) Converted to be capable of firing full automatic bursts.
(ee) Sports shooting competition refers to a defensive, precision
or practical sport shooting competition duly authorized by the (f) The penalty of prision mayor in its minimum period shall be
FEO of the PNP. imposed upon any person who shall unlawfully acquire or
possess a major part of a small arm;
(ff) Tampered, obliterated or altered firearm refers to any firearm
whose serial number or other identification or ballistics (g) The penalty of prision mayor in its minimum period shall be
characteristics have been intentionally tampered with, imposed upon any person who shall unlawfully acquire or
obliterated or altered without authority or in order to conceal its possess ammunition for a small arm or Class-A light weapon. If
source, identity or ownership. the violation of this paragraph is committed by the same
person charged with the unlawful acquisition or possession of
(gg) Thermal weapon sight refers to a battery operated, a small arm, the former violation shall be absorbed by the
uncooled thermal imaging device which amplifies available latter;
thermal signatures so that the viewed scene becomes clear to
the operator which is used to locate and engage targets during (h) The penalty of prision mayor in its medium period shall be
daylight and from low light to total darkness and operates in imposed upon any person who shall unlawfully acquire or
adverse conditions such as light rain, light snow, and dry smoke possess a major part of a Class-A light weapon;
or in conjunction with other optical and red dot sights.
(i) The penalty of prision mayor in its medium period shall be
SEC. 28. Unlawful Acquisition, or Possession of Firearms and imposed upon any person who shall unlawfully acquire or
Ammunition. – The unlawful acquisition, possession of firearms possess ammunition for a Class-A light weapon. If the violation
and ammunition shall be penalized as follows: of this paragraph is committed by the same person charged
with the unlawful acquisition or possession of a Class-A light
(a) The penalty of prision mayor in its medium period shall be weapon, the former violation shall be absorbed by the latter;
imposed upon any person who shall unlawfully acquire or
possess a small arm; (j) The penalty of prision mayor in its maximum period shall be
imposed upon any person who shall unlawfully acquire or
(b) The penalty of reclusion temporal to reclusion perpetua shall possess a major part of a Class-B light weapon; and
be imposed if three (3) or more small arms or Class-A light
weapons are unlawfully acquired or possessed by any person;
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 (k) The penalty of prision mayor in its maximum period shall be
imposed upon any person who shall unlawfully acquire or
possess ammunition for a Class-B light weapon. If the violation
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of this paragraph is committed by the same person charged with
the unlawful acquisition or possession of a Class-B light weapon, SEC. 32. Unlawful Manufacture, Importation, Sale or
IV. SPECIAL PENAL LAWS the former violation shall be absorbed by the latter. Disposition of Firearms or Ammunition or Parts Thereof,
Machinery, Tool or Instrument Used or Intended to be Used in
SEC. 29. Use of Loose Firearm in the Commission of a Crime. – the Manufacture of Firearms, Ammunition or Parts Thereof. –
A. Comprehensive Firearms and The penalty of reclusion temporal to reclusion perpetua shall
Ammunition Regulation Act (R.A. No. 10591, The use of a loose firearm, when inherent in the commission of a
secs. 3 and 28-41) crime punishable under the Revised Penal Code or other special be imposed upon any person who shall unlawfully engage in
laws, shall be considered as an aggravating circumstance: the manufacture, importation, sale or disposition of a firearm or
Provided, That if the crime committed with the use of a loose ammunition, or a major part of a firearm or ammunition, or
firearm is penalized by the law with a maximum penalty which is machinery, tool or instrument used or intended to be used by
lower than that prescribed in the preceding section for illegal the same person in the manufacture of a firearm, ammunition,
possession of firearm, the penalty for illegal possession of or a major part thereof.
firearm shall be imposed in lieu of the penalty for the crime
charged: Provided, further, That if the crime committed with the The possession of any machinery, tool or instrument used
NOTES: directly in the manufacture of firearms, ammunition, or major
use of a loose firearm is penalized by the law with a maximum
penalty which is equal to that imposed under the preceding parts thereof by any person whose business, employment or
section for illegal possession of firearms, the penalty of prision activity does not lawfully deal with the possession of such
mayor in its minimum period shall be imposed in addition to the article, shall be prima facie evidence that such article is
penalty for the crime punishable under the Revised Penal Code intended to be used in the unlawful or illegal manufacture of
or other special laws of which he/she is found guilty. firearms, ammunition or parts thereof.

If the violation of this Act is in furtherance of, or incident to, or in The penalty of prision mayor in its minimum period to prision
connection with the crime of rebellion of insurrection, or mayor in its medium period shall be imposed upon any laborer,
attempted coup d’ etat, such violation shall be absorbed as an worker or employee of a licensed firearms dealer who shall
element of the crime of rebellion or insurrection, or attempted unlawfully take, sell or otherwise dispose of parts of firearms
coup d’ etat. or ammunition which the company manufactures and sells, and
other materials used by the company in the manufacture or
If the crime is committed by the person without using the loose sale of firearms or ammunition. The buyer or possessor of such
firearm, the violation of this Act shall be considered as a distinct stolen part or material, who is aware that such part or material
and separate offense. was stolen, shall suffer the same penalty as the laborer,
worker or employee.
SEC. 30. Liability of Juridical Person. – The penalty of prision
mayor in its minimum to prision mayor in its medium period shall If the violation or offense is committed by a corporation,
be imposed upon the owner, president, manager, director or partnership, association or other juridical entity, the penalty
other responsible officer of/any public or private firm, company, provided for in this section shall be imposed upon the
corporation or entity who shall willfully or knowingly allow any of directors, officers, employees or other officials or persons
the firearms owned by such firm, company, corporation or entity therein who knowingly and willingly participated in the unlawful
to be used by any person or persons found guilty of violating the act.
provisions of the preceding section, or willfully or knowingly
allow any of them to use unregistered firearm or firearms without SEC. 33. Arms Smuggling. – The penalty of reclusion perpetua
any legal authority to be carried outside of their residence in the shall be imposed upon any person who shall engage or
course of their employment. participate in arms smuggling as defined in this Act.

SEC. 31. Absence of Permit to Carry Outside of Residence. –

The penalty of prision correccional and a fine of Ten thousand
pesos (P10,000.00) shall be imposed upon any person who is
licensed to own a firearm but who shall carry the registered
firearm outside his/her residence without any legal authority
therefor.

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 SEC. 34. Tampering, Obliteration or Alteration of Firearms
Identification. – The penalty of prision correccional to prision
mayor in its minimum period shall be imposed upon any person
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who shall tamper, obliterate or alter without authority the barrel,
slide, frame, receiver, cylinder, or bolt assembly, including the SEC. 39. Grounds for Revocation, Cancellation or Suspension
IV. SPECIAL PENAL LAWS name of the maker, model, or serial number of any firearm, or who of License or Permit. – The Chief of the PNP or his/her
shall replace without authority the barrel, slide, frame, receiver, authorized representative may revoke, cancel or suspend a
cylinder, or bolt assembly, including its individual or peculiar license or permit on the following grounds:
A. Comprehensive Firearms and
Ammunition Regulation Act (R.A. No. 10591,
identifying characteristics essential in forensic examination of a
secs. 3 and 28-41) firearm or light weapon. (a) Commission of a crime or offense involving the firearm,
ammunition, of major parts thereof;
The PNP shall place this information, including its individual or
peculiar identifying characteristics into the database of (b) Conviction of a crime involving moral turpitude or any
integrated firearms identification system of the PNP Crime offense where the penalty carries an imprisonment of more
Laboratory for future use and identification of a particular firearm. than six (6) years;

SEC. 35. Use of an Imitation Firearm. – An imitation firearm used (c) Loss of the firearm, ammunition, or any parts thereof
NOTES: in the commission of a crime shall be considered a real firearm as through negligence;
defined in this Act and the person who committed the crime shall
be punished in accordance with this Act: Provided, That injuries (d) Carrying of the firearm, ammunition, or major parts thereof
caused on the occasion of the conduct of competitions, sports, outside of residence or workplace without, the proper permit
games, or any recreation activities involving imitation firearms to carry the same;
shall not be punishable under this Act.
(e) Carrying of the firearm, ammunition, or major parts thereof
SEC. 36. In Custodia Legis. – During the pendency of any case in prohibited places;
filed in violation of this Act, seized firearm, ammunition, or parts
thereof, machinery, tools or instruments shall remain in the (f) Dismissal for cause from the service in case of government
custody of the court. If the court decides that it has no adequate official and employee;
means to safely keep the same, the court shall issue an order to
turn over to the PNP Crime Laboratory such firearm, ammunition, (g) Commission of any of the acts penalized under Republic Act
or parts thereof, machinery, tools or instruments in its custody No. 9165, otherwise known as the “Comprehensive Dangerous
during the pendency of the case and to produce the same to the Drugs Act of 2002”;
court when so ordered. No bond shall be admitted for the release
of the firearm, ammunition or parts thereof, machinery, tool or (h) Submission of falsified documents or misrepresentation in
instrument. Any violation of this paragraph shall be punishable by the application to obtain a license or permit;
prision mayor in its minimum period to prision mayor in its medium
period. (i) Noncompliance of reportorial requirements; and

SEC. 37. Confiscation and Forfeiture. – The imposition of penalty (j) By virtue of a court order.
for any violation of this Act shall carry with it the accessory
penalty of confiscation and forfeiture of the firearm, ammunition, SEC. 40. Failure to Notify Lost or Stolen Firearm or Light
or parts thereof, machinery, tool or instrument in favor of the Weapon. – A fine of Ten thousand pesos (P10,000.00) shall be
government which shall be disposed of in accordance with law. imposed upon any licensed firearm holder who fails to report
to the FEO of the PNP that the subject firearm has been lost or
SEC. 38. Liability for Planting Evidence. – The penalty of prision stolen within a period of thirty (30) days from the date of
mayor in its maximum period shall be imposed upon any person discovery.
who shall willfully and maliciously insert; place, and/or attach,
directly or indirectly, through any overt or covert act, any firearm, Likewise, a fine of Five thousand pesos (P5,000.00) shall be
or ammunition, or parts thereof in the person, house, effects, or in imposed upon any person holding a valid firearm license who
the immediate vicinity of an innocent individual for the purpose of changes residence or office address other than that indicated
implicating or incriminating the person, or imputing the in the license card and fails within a period of thirty (30) days
commission of any violation of the provisions of this Act to said from said transfer to notify the FEO of the PNP of such change
individual. If the person found guilty under this paragraph is a of address.
public officer or employee, such person shall suffer the penalty

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of reclusion perpetua.
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 SEC. 41. Illegal Transfer/Registration of Firearms. – It shall be
unlawful to transfer possession of any firearm to any person who
has not yet obtained or secured the necessary license or permit
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thereof.
(c) Child sexual abuse or exploitation material or child sexual
IV. SPECIAL PENAL LAWS The penalty of prision correccional shall be imposed upon any abuse material (CSAEM/CSAM) refers to any representation,
person who shall violate the provision of the preceding whether offline, or by, through or with the use of ICT, by means
paragraph. In addition, he/she shall be disqualified to apply for a of visual, video, audio, written, or any combination thereof, by
A. Comprehensive Firearms and electronic, mechanical, digital, optical, magnetic or any other
Ammunition Regulation Act (R.A. No. 10591,
license to possess other firearms and all his/her existing firearms
secs. 3 and 28-41) licenses whether for purposes of commerce or possession, shall means, of a child engaged or involved in real or simulated
be revoked. If government-issued firearms, ammunition or major sexual activities, or depicting acts of sexual abuse or
B. Anti-Online Sexual Abuse or Exploitation exploitation of a child as a sexual object. It shall also include
parts of firearms or light weapons are unlawfully disposed, sold
of Children (OSAEC) and Anti Child Sexual
Abuse or Exploitation Materials (CSAEM) or transferred by any law enforcement agent or public officer to materials that focus on the genitalia or other private body parts
Act (R.A. No. 11930, secs. 3-8, 11-13, 14, 20, private individuals, the penalty of reclusion temporal shall be of a child. For purposes of this Act, CSAEM may
22 and 25) interchangeably be referred to as CSAM;
imposed.

Any public officer or employee or any person who shall facilitate (d) Child sexual exploitation refers to any of the following acts
NOTES: the registration of a firearm through fraud, deceit, even if consent appears to have been granted by the child:
misrepresentation or submission of falsified documents shall
suffer the penalty of prision correccional. (1) Child sexual abuse with consideration whether monetary or
nonmonetary consideration, favor, or benefit in exchange for
REPUBLIC ACT NO. 11930, July 30, 2022 the opportunity to perform such abusive or exploitative act

AN ACT PUNISHING ONLINE SEXUAL ABUSE OF EXPLOITATION (2) Actual sexual intercourse with a child or children with or
OF CHILDREN, PENALIZING THE PRODUCTION, DISTRIBUTION, without consideration;
POSSESSION AND ACCESS OF CHILD SEXUAL ABUSE OR
EXPLOITATION MATERIALS, AMENDING REPUBLIC ACT NO. 9160, (3) Employing fraud, machination, undue influence, intimidation,
OTHERWISE KNOWN AS THE “ANTI-MONEY LAUNDERING ACT OF threat or deception by any person to commit sexual abuse of
2001”, AS AMENDED AND REPEALING REPUBLIC ACT NO. 977, or sexual intercourse with a child or children; or
OTHERWISE KNOWN AS THE “ANTI-CHILD PORNOGRAPHY ACT
OF 2009” (4) Any other similar or analogous acts related to child abuse,
cruelty or exploitation or to be responsible for other conditions
Section 3. Definition of Terms. — As used in this Act: prejudicial to the development of the child;

(a) Child refers to a person below eighteen (18) years of age or (e) Competent authority refers to law enforcement authority,
those over but are unable to fully take care of themselves or investigating authority, prosecutor, court,
protect themselves from abuse, neglect, cruelty, exploitation or telecommunications/ICT regulator, cybercrime
discrimination because of physical, mental, intellectual or investigator/coordinator, data privacy regulator, or the National
sensory disability or condition. For purposes of this Act, a child Coordination Center against OSAEC and CSAEM (NCC-OSAEC-
shall also refer to: CSAEM);

(1) A person regardless of age who is presented, depicted or (f) Computer refers to an electronic, magnetic, optical,
portrayed as a child as defined herein; and electrochemical, or other data processing or communications
device, or grouping of such devices, capable of performing
(2) Computer-generated, digitally or manually crafted images, or logical, arithmetic, routing, or storage functions and which
graphics of a person who is represented or who is made to includes any storage facility or equipment or communications
appear to be a child as defined herein. facility or equipment directly related to or operating in
conjunction with such device. It covers any type of computer
(b) Child sexual abuse refers to any form of communication device including devices with data processing capabilities like
through any platform or format, or any physical interaction mobile phones, smartphones, computer networks and other
between a child and any person when the child is being used for devices connected to the internet;
any act or activity inducing sexual stimulation or for the purpose
of sexual gratification or in pursuit of the desire to have carnal
knowledge of the child, regardless of the gender of the

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perpetrator or the victim, or the consent of the victim;
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 (g) Computer data refers to any representation of facts,
information, or concepts in a form suitable for processing in a
computer system, including a suitable program that can enable a
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computer system to perform a function, and electronic
documents or electronic data messages whether stored in local (p) Internet intermediaries refer to persons or entities that
IV. SPECIAL PENAL LAWS computer systems or online; provide infrastructure, platforms, access to, and host, transmit
and index content, products and services originated by third
(h) Content data refers to the content of the communication, the parties on the internet. These include, among others:
B. Anti-Online Sexual Abuse or Exploitation
of Children (OSAEC) and Anti Child Sexual
meaning or purport of the communication, or the message or
Abuse or Exploitation Materials (CSAEM) information being conveyed by the communication, other than (1) Internet service providers;
Act (R.A. No. 11930, secs. 3-8, 11-13, 14, 20, traffic data, or subscriber's information/registration information; (2) Web hosting providers including domain name registrars;
22 and 25) (3) Internet search engines and portals;
(i) Grooming refers to predatory conduct, act, or pattern of acts, (4) E-commerce intermediaries;
of establishing a relationship of trust, or emotional connection by (5) Internet payment system providers; and
another, with a child or someone who is believed to be a child, (6) Participative network platform providers including social
and/or the family, guardian, and/or caregivers, whether in person media intermediaries.
or via electronic and other similar devices, for the purpose of
NOTES: perpetrating sexual abuse or exploitation or the production of any (q) Internet service provider (ISP) refers to a public
form of CSAEM; telecommunication entity (PTE) or value-added service (VAS)
provider duly authorized by or registered with the National
(j) Image-based sexual abuse (ISA) refers to a form of technology- Telecommunications Commission (NTC) that provides users or
facilitated sexual violence. The term describes a pattern of other entities with data connection allowing access to the
behavior involving the nonconsensual creation, distribution, or internet through physical transport infrastructure, and such
threats to distribute nude or sexual images. It includes a diversity access is necessary for internet users to access content and
of behaviors including, but not limited to, "sextortion scams," the services on the internet, and for content providers to publish or
use of artificial intelligence to construct "deepfake" pornographic distribute materials online;
videos, threats to distribute photographs and videos; and the
taking or sharing of sexual assault imagery; (r) Internet site refers to a website, bulletin board service,
internet chat room, newsgroup, or any other internet or shared
(k) Information and communications technology (ICT) refers to the network protocol address;
totality of electronic means to access, create, collect, store,
process, receive, transmit, present and disseminate information; (s) Luring refers to the act of communicating, by means of a
computer system, with a child or someone who the offender
(l) Internet address refers to the uniform resource locator or believes to be a child for the purpose of facilitating the
internet protocol address of an internet site; commission of sexual activity or production of any form of
CSAEM;
(m) Internet asset includes internet site and any device that is
engaged in peer-to-peer sharing of OSAEC and CSAEM (t) Online sexual abuse or exploitation of children (OSAEC)
refers to the use of ICT as a means to abuse and/or exploit
(n) Internet café or kiosk refers to an establishment or any place children sexually, which includes cases in which offline child
or venue that offers or proposes to offer the use of its abuse and/or exploitation is combined with an online
computer/s or computer system for the purpose of accessing the component. This can also include, but is not limited to, the
internet, computer games or related activities: Provided, That for production, dissemination and possession of CSAEM; online
purposes of this Act, non-formal business establishments that grooming of children for sexual purposes; sexual extortion of
provide internet services shall also be considered as internet children, sharing image-based sexual abuse; commercial
café or kiosk; sexual exploitation of children; exploitation of children through
online prostitution; and live-streaming of sexual abuse, with or
(o) Internet hotspot refers to an establishment or any place or without the consent of the victim: Provided, That OSAEC may
venue that offers access to the internet. It includes hotels or be used interchangeably with online child sexual exploitation
motels, malls, restaurants, internet cafés or kiosks, public spaces or abuse (OCSEA);
or other related/similar places;

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Criminal Law
 (u) Pandering refers to the act of offering, advertising, promoting,
representing or distributing through any means any child sexual
abuse or exploitation material, or any material that purports to
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contain any form of child sexual abuse or exploitation material,
regardless of its actual content; (1) The type of communication service used, the technical
IV. SPECIAL PENAL LAWS provisions taken thereto and the period of service;
(v) Participative network platform provider refers to any person or (2) The identity, postal or geographic address, telephone and
entity, including a social media intermediary, that facilitates other access numbers, assigned network address, billing and
B. Anti-Online Sexual Abuse or Exploitation payment information of the subscriber that is available on the
of Children (OSAEC) and Anti Child Sexual
social communication and information exchanges which is based
Abuse or Exploitation Materials (CSAEM) on online technologies such as web, instant messaging, or mobile basis of the service agreement or arrangement; and
Act (R.A. No. 11930, secs. 3-8, 11-13, 14, 20, technologies, that enable users to contribute to developing, (3) Any other available information on the site of the
22 and 25) installation of communication equipment, available on the basis
rating, collaborating and distributing internet content and
developing and customizing internet applications or to conduct of the service agreement or arrangement.
social networking. It may also refer to a person or an entity that
provides a platform or site for blogging, video-sharing, picture- (cc) Traffic data or non-content data refers to any computer
sharing, file-sharing sites, online gaming or instant messaging, data other than the content of the communication including the
among others; origin, destination, route, time, date, size, duration, or type of
NOTES: communication of the underlying service; and
(w) Payment system provider (PSP) refers to an entity engaged in
any monetary transaction which includes banks, fiat or digital (dd) Web hosting provider refers to a person that provides
money service businesses including cryptocurrencies, credit card infrastructure for hosting, supplies web server space and
companies and other financial institutions; internet connectivity that enables a user to post, upload,
download and share user-generated content, or a content
(x) Person refers to any natural or juridical entity; provider who supplies content to the internet. It shall also refer
to a person that provides specialized hosting services such as
(y) Sexual activity includes the following acts, whether actually streaming services or application hosting, domain name
performed or simulated: registration services, or services that enable users to create
and manage their websites.
(1) Sexual intercourse or lascivious act, including contact
involving the genitalia, oral stimulation of the genitals or oral Section 4. Unlawful or Prohibited Acts. — Regardless of the
stimulation of the anus, whether between persons of the same or consent of the child, it shall be unlawful for any person to
opposite sex; commit the following acts through online or offline means or a
(2) Masturbation; combination of both:
(3) Sadistic or masochistic abuse;
(4) Lascivious exhibition of the genitals, buttocks, breasts, pubic (a) To hire, employ, use, persuade, induce, extort, engage, or
area and anus; coerce a child to perform or participate in whatever way in the
(5) Bestiality; creation or production of any form of OSAEC and CSAEM;
(6) Use of any object or instrument for lascivious acts; or
(7) Any other analogous circumstance. (b) To produce, direct, manufacture, facilitate, or create any
form of CSAEM, or participate in the production, direction,
(z) Sexualization of a child refers to the act of using a child as an manufacture, facilitation or creation of the same;
object for the sexual desire or satisfaction of another, even if
there is no actual sexual intercourse or no private part of the (c) To offer, sell, distribute, advertise, promote, export, or
body of the child has been shown; import, by any means, any form of CSAEM;

(aa) Streaming refers to the broadcasting or viewing through the (d) To knowingly publish, transmit and broadcast, by any
use of ICT, whether the viewer is passively watching or actively means, any form of CSAEM;
directing the content. It is considered live-streaming when the
broadcasting or viewing occurs in real-time; (e) To permit or influence the child to engage, participate or
assist in any form of CSAEM;
(bb) Subscriber's information or Registration information refers to
any information contained in the form of computer data or any
other form that is held by a service provider or internet
intermediary, relating to subscribers or registrants of its services

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other than traffic or content data and by which identity can be
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 (f) To produce, direct, create, hire, employ or pay a facilitator to
stream or livestream acts of child sexual abuse or exploitation
(g) To stream or live-stream acts of, or any form of, child sexual
abuse and exploitation;
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Section 5. Effect of Consent of the Victim. — The consent of
IV. SPECIAL PENAL LAWS (h) To recruit, transport, transfer, harbor, provide, or receive a child the victim is not material or relevant and shall not be available
or to induce or influence the same, for the purpose of violating this as a defense in the prosecution of the unlawful acts prohibited
Act; under this Act.
B. Anti-Online Sexual Abuse or Exploitation
of Children (OSAEC) and Anti Child Sexual (i) To introduce or match a child to a foreign national or to any person
Abuse or Exploitation Materials (CSAEM)
Section 6. Syndicated and Large-Scale Violations of this Act.
for the purpose of committing any of the offenses under this Act;
Act (R.A. No. 11930, secs. 3-8, 11-13, 14, 20, — Any violation of this Act shall be deemed to have been
22 and 25) committed by a syndicate if carried out by a group of three (3)
(j) For film distributors, theaters and ICT services by themselves or in
or more persons conspiring or confederating with one another.
cooperation with other entities, to distribute any form of CSAEM or to
facilitate the commission of any of the offenses under this Act;
If the crime was committed against three (3) or more persons,
it shall be considered as large-scale violation of this Act.
(k) To knowingly benefit from, financial or otherwise, the commission
of any of the offenses of this Act; Section 7. Protection of a Good Samaritan. — Any person who
NOTES: has the responsibility of reporting cases under this Act,
(l) To provide a venue for the commission of prohibited acts under blocking an internet address, removing a website or domain,
this section such as dens, private rooms, cubicles, cinemas, houses, taking down of shared videos, pictures, or messages for the
private homes, or other establishments; services provided by an internet intermediary, and providing
information for the purpose of an investigation or prosecution
(m) To engage in the luring or grooming of a child: Provided, That of a case involving acts of OSAEC shall not be held civilly,
grooming taking place offline as a prelude to violations under this Act criminally or administratively liable: Provided, That the action
shall also be penalized; was:

(n) To sexualize children by presenting them as objects of sexual

(1) done in good faith;
fantasy, or making them conversational subjects of sexual fantasies,
(2) necessary to prevent access or dissemination of CSAEMs;
in any online or digital platform;
and
(o) To engage in pandering as defined under this Act; (3) reported within twenty-four (24) hours from the act of
blocking an internet address, removing a website or domain, or
(p) To willfully subscribe, join, donate to, or support an internet site taking down of shared video, picture or messages.
that hosts OSAEC or the streaming or live-streaming of child sexual
abuse and exploitation; Section 8. Safe Harbor Exception. — Access, possession and
recording of any CSAEM of any person for the purpose of
(q) To advertise, publish, print, broadcast or distribute, or cause the complying with the duties under this Act; the reporting to
advertisement, publication, printing, broadcasting or distribution by government authorities; legitimate investigation and
any means of any brochure, flyer, or any material that promotes administration of the criminal justice system; and legitimate
OSAEC and child sexual abuse or exploitation policy, scholarly and academic purposes with requisite ethical
clearance, shall not be subject to any civil, criminal, or
(r) To possess any form of CSAEM: Provided, That possession of
administrative liability.
three (3) or more CSAEMs is prima facie evidence of the intent to
sell, distribute, publish or broadcast;
Section 11. Juridical Persons. — If the offender is a juridical
(s) To willfully access any form of CSAEM; and
person, the penalty shall be imposed upon the owner,
manager, partner, member of the board of directors and/or any
(t) To conspire to commit any of the prohibited acts stated in this responsible officer of an enterprise who participated in the
section: commission of the crime or shall have knowingly permitted or
failed to prevent its commission. In addition, the corporation
Provided, That the investigation or prosecution of offenses under this shall be fined a minimum of ten percent (10%) but not more
Act shall be without prejudice to appropriate investigation and than thirty percent (30%) of its net worth and its respective
prosecution mechanisms underRepublic Act No. 9208, otherwise license or permit to operate may be revoked.
known as the "Anti-Trafficking in Persons Act of 2003," as amended,
and other related laws.

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 Section 12. Alien Offenders. — If the offender is a foreigner, the
offender shall be criminally prosecuted immediately. Thereafter,
the offender shall be deported after serving sentence and will be
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permanently barred from re-entering the Philippines.
Section 20. Venue. — A criminal action arising from a violation
IV. SPECIAL PENAL LAWS Section 13. Confiscation and Forfeiture of the Proceeds, Tools of this Act shall be filed where the offense was committed,
and Instruments Used in Child Sexual Abuse or Exploitation. — where any of its elements occurred, or where the child is found
In addition to the penalty imposed for violations of this Act, the or actually resides at the time of the commission of the
B. Anti-Online Sexual Abuse or Exploitation offense: Provided, That the court where the criminal action is
of Children (OSAEC) and Anti Child Sexual court shall order the confiscation and forfeiture in favor of the
Abuse or Exploitation Materials (CSAEM) government of all the proceeds, tools and instruments used in first filed shall acquire jurisdiction to the exclusion of the other
Act (R.A. No. 11930, secs. 3-8, 11-13, 14, 20, the commission of the crime, unless these are properties of a courts.
22 and 25)
third person not liable for the unlawful act: Provided, That all
C. Anti-Photo and Video Voyeurism Act of awards for damages shall be taken from the personal and Section 22. Applicability of Juvenile Justice and Welfare Act,
2009 (R.A. No. 9995, secs. 3-7) separate properties of the offender: Provided, however, That if as Amended. — In cases where the offender is a child, the
such properties are insufficient, the deficiency shall be taken prosecution of the offense shall be in accordance with
from the confiscated and forfeited proceeds, tools and Republic Act No. 9344, otherwise known as the "Juvenile
instruments. Justice and Wlefare Act of 2006," as amended, and the child
NOTES: shall be accorded the appropriate treatment and services
All proceeds derived from the sale of properties used for the under the said law: Provided, That in cases of self-generated
commission of any form of child sexual abuse or exploitation CSAMs, the child producing the sexualized materials shall be
shall be exclusively used for the purpose of child-rearing considered as a victim and not as an offender. The child victim
programs under the special account of the Department of Social shall be accorded the necessary treatment and services under
Welfare and Development (DSWD). this Act and in existing laws.

When the proceeds, tools and instruments used in the Section 25. Affidavit of Desistance. — Cases involving OSAEC
commission of the offense have been destroyed, diminished in and CSAEM shall not be dismissed based on the affidavit of
value or otherwise rendered worthless by any act or omission, desistance executed by the victims or their parents or legal
directly or indirectly, of the offender, or it has been concealed, guardians. Public and private prosecutors are directed to
removed, converted or transferred to prevent the same from vigorously oppose and manifest objections to motions for
being found or to avoid forfeiture or confiscation, the offender dismissal. Any act that unduly pressures the complainant to
shall be ordered to pay the amount equal to the value of the execute an affidavit of desistance shall be punishable under
proceeds, tools and instruments used in the commission of the this Act.
offense.

Section 14. Extra-Territorial Jurisdiction. — The State shall REPUBLIC ACT No. 9995
exercise jurisdiction over any act defined and penalized under
this Act, even if committed outside the Philippines and whether AN ACT DEFINING AND PENALIZING THE CRIME OF PHOTO
or not such act or acts constitute an offense at the place of AND VIDEO VOYEURISM, PRESCRIBING PENALTIES THEREFOR,
commission, if the offense, being a continuing offense, was AND FOR OTHER PURPOSES
either commenced in the Philippines; or committed in another
country: Provided, That in the case of the latter, the suspect or Section 3. Definition of Terms. - For purposes of this Act, the
accused is a Filipino citizen, a permanent resident of the term:
Philippines, and has committed the act against a citizen of the
Philippines. (a) "Broadcast" means to make public, by any means, a visual
image with the intent that it be viewed by a person or persons.
No prosecution may be commenced against a person under this
section if a foreign government, in accordance with jurisdiction (b) "Capture" with respect to an image, means to videotape,
recognized by the Philippines, has prosecuted or is prosecuting photograph, film, record by any means, or broadcast.
such person for the conduct constituting such offense, except
upon the approval of the Secretary of Justice. (c) "Female breast" means any portion of the female breast.

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 (d) "Photo or video voyeurism" means the act of taking photo or
video coverage of a person or group of persons performing
sexual act or any similar activity or of capturing an image of the
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private area of a person or persons without the latter's consent,
under circumstances in which such person/s has/have a The prohibition under paragraphs (b), (c) and (d) shall apply
IV. SPECIAL PENAL LAWS reasonable expectation of privacy, or the act of selling, copying, notwithstanding that consent to record or take photo or video
reproducing, broadcasting, sharing, showing or exhibiting the coverage of the same was given by such person/s. Any person
photo or video coverage or recordings of such sexual act or who violates this provision shall be liable for photo or video
C. Anti-Photo and Video Voyeurism Act of voyeurism as defined herein.
2009 (R.A. No. 9995, secs. 3-7) similar activity through VCD/DVD, internet, cellular phones and
similar means or device without the written consent of the
person/s involved, notwithstanding that consent to record or Section 5. Penalties. - The penalty of imprisonment of not less
take photo or video coverage of same was given by such that three (3) years but not more than seven (7) years and a
person's. fine of not less than One hundred thousand pesos
(P100,000.00) but not more than Five hundred thousand pesos
(e) "Private area of a person" means the naked or undergarment (P500,000.00), or both, at the discretion of the court shall be
clad genitals, public area, buttocks or female breast of an imposed upon any person found guilty of violating Section 4 of
individual. this Act.
NOTES:
(f) "Under circumstances in which a person has a reasonable If the violator is a juridical person, its license or franchise shall
expectation of privacy" means believe that he/she could disrobe be automatically be deemed revoked and the persons liable
in privacy, without being concerned that an image or a private shall be the officers thereof including the editor and reporter in
area of the person was being captured; or circumstances in the case of print media, and the station manager, editor and
which a reasonable person would believe that a private area of broadcaster in the case of a broadcast media.
the person would not be visible to the public, regardless of
whether that person is in a public or private place. If the offender is a public officer or employee, or a
professional, he/she shall be administratively liable.
Section 4. Prohibited Acts. - It is hereby prohibited and declared
unlawful for any person: If the offender is an alien, he/she shall be subject to
deportation proceedings after serving his/her sentence and
(a) To take photo or video coverage of a person or group of payment of fines.
persons performing sexual act or any similar activity or to
capture an image of the private area of a person/s such as the Section 6. Exemption. - Nothing contained in this Act, however,
naked or undergarment clad genitals, public area, buttocks or shall render it unlawful or punishable for any peace officer,
female breast without the consent of the person/s involved and who is authorized by a written order of the court, to use the
under circumstances in which the person/s has/have a record or any copy thereof as evidence in any civil, criminal
reasonable expectation of privacy; investigation or trial of the crime of photo or video voyeurism:
Provided, That such written order shall only be issued or
(b) To copy or reproduce, or to cause to be copied or granted upon written application and the examination under
reproduced, such photo or video or recording of sexual act or oath or affirmation of the applicant and the witnesses he/she
any similar activity with or without consideration; may produce, and upon showing that there are reasonable
grounds to believe that photo or video voyeurism has been
(c) To sell or distribute, or cause to be sold or distributed, such committed or is about to be committed, and that the evidence
photo or video or recording of sexual act, whether it be the to be obtained is essential to the conviction of any person for,
original copy or reproduction thereof; or or to the solution or prevention of such, crime.

(d) To publish or broadcast, or cause to be published or Section 7. Inadmissibility of Evidence. - Any record, photo or
broadcast, whether in print or broadcast media, or show or video, or copy thereof, obtained or secured by any person in
exhibit the photo or video coverage or recordings of such sexual violation of the preceding sections shall not be admissible in
act or any similar activity through VCD/DVD, internet, cellular evidence in any judicial, quasi-judicial, legislative or
phones and other similar means or device. administrative hearing or investigation.

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 REPUBLIC ACT NO. 10364

AN ACT EXPANDING REPUBLIC ACT NO. 9208, ENTITLED “AN

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ACT TO INSTITUTE POLICIES TO ELIMINATE TRAFFICKING IN
PERSONS ESPECIALLY WOMEN AND CHILDREN, ESTABLISHING (i) To recruit, transport, obtain, transfer, harbor, maintain, offer,
IV. SPECIAL PENAL LAWS THE NECESSARY INSTITUTIONAL MECHANISMS FOR THE hire, provide, receive or adopt a child to engage in armed
PROTECTION AND SUPPORT OF TRAFFICKED PERSONS, activities in the Philippines or abroad;
PROVIDING PENALTIES FOR ITS VIOLATIONS AND FOR OTHER
D. Anti-Trafficking in Persons Act of 2003 (j) To recruit, transport, transfer, harbor, obtain, maintain, offer,
(R.A. No. 9208, as amended by R.A. Nos. PURPOSES”
10364 and 11862, secs. 4-6)
hire, provide or receive a person by means defined in Section 3
SEC. 4. Acts of Trafficking in Persons. – It shall be unlawful for of this Act for purposes of forced labor, slavery, debt bondage
any person, natural or juridical, to commit by means of a threat, and involuntary servitude, including a scheme, plan, or pattern
or use of force, or other forms of coercion, intended to cause the person either:

(a) To recruit, obtain, hire, provide, offer, transport, transfer, (1) To believe that if the person did not perform such labor or
maintain, harbor, or receive a person by any means, including services, he or she or another person would suffer serious
those done under the pretext of domestic or overseas harm or physical restraint; or
NOTES: (2) To abuse or threaten the use of law or the legal processes;
employment or training or apprenticeship, for the purpose of
prostitution, pornography, or sexual exploitation; and

(b) To introduce or match for money, profit, or material, (k) To recruit, transport, harbor, obtain, transfer, maintain, hire,
economic or other consideration, any person or, as provided for offer, provide, adopt or receive a child for purposes of
under Republic Act No. 6955, any Filipino woman to a foreign exploitation or trading them, including but not limited to, the
national, for marriage for the purpose of acquiring, buying, act of baring and/or selling a child for any consideration or for
offering, selling or trading him/her to engage in prostitution, barter for purposes of exploitation. Trafficking for purposes of
pornography, sexual exploitation, forced labor, slavery, exploitation of children shall include:
involuntary servitude or debt bondage;
(1) All forms of slavery or practices similar to slavery,
(c) To offer or contract marriage, real or simulated, for the involuntary servitude, debt bondage and forced labor, including
purpose of acquiring, buying, offering, selling, or trading them to recruitment of children for use in armed conflict;
engage in prostitution, pornography, sexual exploitation, forced (2) The use, procuring or offering of a child for prostitution, for
labor or slavery, involuntary servitude or debt bondage; the production of pornography, or for pornographic
performances;
(d) To undertake or organize tours and travel plans consisting of (3) The use, procuring or offering of a child for the production
tourism packages or activities for the purpose of utilizing and and trafficking of drugs; and
offering persons for prostitution, pornography or sexual (4) The use, procuring or offering of a child for illegal activities
exploitation; or work which, by its nature or the circumstances in which it is
carried out, is likely to harm their health, safety or morals; and
(e) To maintain or hire a person to engage in prostitution or
pornography; (l) To organize or direct other persons to commit the offenses
defined as acts of trafficking under this Act.
(f) To adopt persons by any form of consideration for exploitative
purposes or to facilitate the same for purposes of prostitution,
pornography, sexual exploitation, forced labor, slavery,
involuntary servitude or debt bondage;

(g) To adopt or facilitate the adoption of persons for the purpose

of prostitution, pornography, sexual exploitation, forced labor,
slavery, involuntary servitude or debt bondage;

(h) To recruit, hire, adopt, transport, transfer, obtain, harbor,

maintain, provide, offer, receive or abduct a person, by means of
threat or use of force, fraud, deceit, violence, coercion, or
intimidation for the purpose of removal or sale of organs of said
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 SEC. 4-A. Attempted Trafficking in Persons. – Where there are
acts to initiate the commission of a trafficking offense but the
offender failed to or did not execute all the elements of the
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crime, by accident or by reason of some cause other than
voluntary desistance, such overt acts shall be deemed as an Section 5. Acts that Promote Trafficking in Persons. – The
IV. SPECIAL PENAL LAWS attempt to commit an act of trafficking in persons. As such, an following acts which promote or facilitate trafficking in
attempt to commit any of the offenses enumerated in Section 4 persons, shall be unlawful:
of this Act shall constitute attempted trafficking in persons.
D. Anti-Trafficking in Persons Act of 2003 (a) To knowingly lease or sublease, use or allow to be used any
(R.A. No. 9208, as amended by R.A. Nos.
10364 and 11862, secs. 4-6) In cases where the victim is a child, any of the following acts house, building or establishment for the purpose of promoting
shall also be deemed as attempted trafficking in persons: trafficking in persons;

(a) Facilitating the travel of a child who travels alone to a foreign (b) To produce, print and issue or distribute unissued,
country or territory without valid reason therefor and without the tampered or fake counseling certificates, registration stickers,
required clearance or permit from the Department of Social overseas employment certificates or other certificates of any
Welfare and Development, or a written permit or justification government agency which issues these certificates, decals and
from the child’s parent or legal guardian; such other markers as proof of compliance with government
NOTES: regulatory and pre-departure requirements for the purpose of
(b) Executing, for a consideration, an affidavit of consent or a promoting trafficking in persons;
written consent for adoption;
(c) To advertise, publish, print, broadcast or distribute, or
(c) Recruiting a woman to bear a child for the purpose of selling cause the advertisement, publication, printing, broadcasting or
the child; distribution by any means, including the use of information
technology and the internet, of any brochure, flyer, or any
(d) Simulating a birth for the purpose of selling the child; and propaganda material that promotes trafficking in persons;

(e) Soliciting a child and acquiring the custody thereof through (d) To assist in the conduct of misrepresentation or fraud for
any means from among hospitals, clinics, nurseries, daycare purposes of facilitating the acquisition of clearances and
centers, refugee or evacuation centers, and low-income families, necessary exit documents from government agencies that are
for the purpose of selling the child. mandated to provide pre-departure registration and services
for departing persons for the purpose of promoting trafficking
SEC. 4-B. Accomplice Liability. – Whoever knowingly aids, abets, in persons;
cooperates in the execution of the offense by previous or
simultaneous acts defined in this Act shall be punished in (e) To facilitate, assist or help in the exit and entry of persons
accordance with the provisions of Section 10(c) of this Act. from/to the country at international and local airports,
territorial boundaries and seaports who are in possession of
SEC. 4-C. Accessories. – Whoever has the knowledge of the unissued, tampered or fraudulent travel documents for the
commission of the crime, and without having participated therein, purpose of promoting trafficking in persons;
either as principal or as accomplices, take part in its commission
in any of the following manners: (f) To confiscate, conceal, or destroy the passport, travel
documents, or personal documents or belongings of trafficked
(a) By profiting themselves or assisting the offender to profit by persons in furtherance of trafficking or to prevent them from
the effects of the crime; leaving the country or seeking redress from the government or
(b) By concealing or destroying the body of the crime or effects appropriate agencies; and
or instruments thereof, in order to prevent its discovery;
(c) By harboring, concealing or assisting in the escape of the (g) To knowingly benefit from, financial or otherwise, or make
principal of the crime, provided the accessory acts with abuse of use of, the labor or services of a person held to a condition of
his or her public functions or is known to be habitually guilty of involuntary servitude, forced labor, or slavery.
some other crime.

Acts defined in this provision shall be punished in accordance

with the provision of Section 10(d) as stated thereto.

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 (h) To tamper with, destroy, or cause the destruction of evidence, or
to influence or attempt to influence witnesses, in an investigation or
prosecution of a case under this Act;
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(i) To destroy, conceal, remove, confiscate or possess, or attempt to Republic Act No. 9262
IV. SPECIAL PENAL LAWS destroy, conceal, remove, confiscate or possess, any actual or
purported passport or other travel, immigration or working permit or AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR
document, or any other actual or purported government CHILDREN, PROVIDING FOR PROTECTIVE MEASURES FOR
D. Anti-Trafficking in Persons Act of 2003 identification, of any person in order to prevent or restrict, or attempt VICTIMS, PRESCRIBING PENALTIES THEREFORE, AND FOR OTHER
(R.A. No. 9208, as amended by R.A. Nos. to prevent or restrict, without lawful authority, the person’s liberty to PURPOSES
10364 and 11862, secs. 4-6)
move or travel in order to maintain the labor or services of that
E. Anti-Violence Against Women and their person; or SECTION 3. Definition of Terms.- As used in this Act,
Children Act of 2004 (R.A. No. 9262, secs. (a) "Violence against women and their children" refers to any act or
3, 5, 8-16 and 24-27) (j) To utilize his or her office to impede the investigation, prosecution a series of acts committed by any person against a woman who is
or execution of lawful orders in a case under this Act. his wife, former wife, or against a woman with whom the person has
or had a sexual or dating relationship, or with whom he has a
Section 6. Qualified Trafficking in Persons. – The following are common child, or against her child whether legitimate or
considered as qualified trafficking: illegitimate, within or without the family abode, which result in or is
NOTES: likely to result in physical, sexual, psychological harm or suffering,
(a) When the trafficked person is a child; or economic abuse including threats of such acts, battery, assault,
coercion, harassment or arbitrary deprivation of liberty. It includes,
(b) When the adoption is effected through Republic Act No. 8043, but is not limited to, the following acts:
otherwise known as the “Inter-Country Adoption Act of 1995” and
said adoption is for the purpose of prostitution, pornography, sexual A. "Physical Violence" refers to acts that include bodily or physical
exploitation, forced labor, slavery, involuntary servitude or debt harm;
bondage;
B. "Sexual violence" refers to an act which is sexual in nature,
(c) When the crime is committed by a syndicate, or in large scale. committed against a woman or her child. It includes, but is not
Trafficking is deemed committed by a syndicate if carried out by a limited to:
group of three (3) or more persons conspiring or confederating with
one another. It is deemed committed in large scale if committed a) rape, sexual harassment, acts of lasciviousness, treating a
against three (3) or more persons, individually or as a group; woman or her child as a sex object, making demeaning and sexually
suggestive remarks, physically attacking the sexual parts of the
(d) When the offender is a spouse, an ascendant, parent, sibling, victim's body, forcing her/him to watch obscene publications and
guardian or a person who exercises authority over the trafficked indecent shows or forcing the woman or her child to do indecent
person or when the offense is committed by a public officer or acts and/or make films thereof, forcing the wife and mistress/lover
employee; to live in the conjugal home or sleep together in the same room
with the abuser;
(e) When the trafficked person is recruited to engage in prostitution
with any member of the military or law enforcement agencies; b) acts causing or attempting to cause the victim to engage in any
sexual activity by force, threat of force, physical or other harm or
(f) When the offender is a member of the military or law enforcement threat of physical or other harm or coercion;
agencies;
c) Prostituting the woman or child.
(g) When by reason or on occasion of the act of trafficking in
persons, the offended party dies, becomes insane, suffers mutilation C. "Psychological violence" refers to acts or omissions causing or
or is afflicted with Human Immunodeficiency Virus (HIV) or the likely to cause mental or emotional suffering of the victim such as
Acquired Immune Deficiency Syndrome (AIDS); but not limited to intimidation, harassment, stalking, damage to
property, public ridicule or humiliation, repeated verbal abuse and
(h) When the offender commits one or more violations of Section 4 mental infidelity. It includes causing or allowing the victim to
over a period of sixty (60) or more days, whether those days are witness the physical, sexual or psychological abuse of a member
continuous or not; and of the family to which the victim belongs, or to witness
pornography in any form or to witness abusive injury to pets or to
(i) When the offender directs or through another manages the unlawful or unwanted deprivation of the right to custody and/or
trafficking victim in carrying out the exploitative purpose of visitation of common children.
trafficking.”

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 D. "Economic abuse" refers to acts that make or attempt to make
a woman financially dependent which includes, but is not limited
to the following:
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SECTION 5. Acts of Violence Against Women and Their Children.- The
1. withdrawal of financial support or preventing the victim from
crime of violence against women and their children is committed through
IV. SPECIAL PENAL LAWS engaging in any legitimate profession, occupation, business or any of the following acts:
activity, except in cases wherein the other spouse/partner
objects on valid, serious and moral grounds as defined in Article (a) Causing physical harm to the woman or her child;
E. Anti-Violence Against Women and their
73 of the Family Code; (b) Threatening to cause the woman or her child physical harm;
Children Act of 2004 (R.A. No. 9262, secs.
3, 5, 8-16 and 24-27)
(c) Attempting to cause the woman or her child physical harm;
(d) Placing the woman or her child in fear of imminent physical harm;
2. deprivation or threat of deprivation of financial resources and
(e) Attempting to compel or compelling the woman or her child to engage
the right to the use and enjoyment of the conjugal, community or in conduct which the woman or her child has the right to desist from or
property owned in common; desist from conduct which the woman or her child has the right to engage
in, or attempting to restrict or restricting the woman's or her child's
3. destroying household property; freedom of movement or conduct by force or threat of force, physical or
other harm or threat of physical or other harm, or intimidation directed
against the woman or child. This shall include, but not limited to, the
NOTES: 4. controlling the victims' own money or properties or solely following acts committed with the purpose or effect of controlling or
controlling the conjugal money or properties. restricting the woman's or her child's movement or conduct:

(b) "Battery" refers to an act of inflicting physical harm upon the (1) Threatening to deprive or actually depriving the woman or her child of
woman or her child resulting to the physical and psychological or custody to her/his family;
(2) Depriving or threatening to deprive the woman or her children of
emotional distress.
financial support legally due her or her family, or deliberately providing
the woman's children insufficient financial support;
(c) "Battered Woman Syndrome" refers to a scientifically defined (3) Depriving or threatening to deprive the woman or her child of a legal
pattern of psychological and behavioral symptoms found in right;
women living in battering relationships as a result of cumulative (4) Preventing the woman in engaging in any legitimate profession,
abuse. occupation, business or activity or controlling the victim's own mon4ey or
properties, or solely controlling the conjugal or common money, or
properties;
(d) "Stalking" refers to an intentional act committed by a person
who, knowingly and without lawful justification follows the (f) Inflicting or threatening to inflict physical harm on oneself for the
woman or her child or places the woman or her child under purpose of controlling her actions or decisions;
surveillance directly or indirectly or a combination thereof.
(g) Causing or attempting to cause the woman or her child to engage in
any sexual activity which does not constitute rape, by force or threat of
(e) "Dating relationship" refers to a situation wherein the parties force, physical harm, or through intimidation directed against the woman
live as husband and wife without the benefit of marriage or are or her child or her/his immediate family;
romantically involved over time and on a continuing basis during
the course of the relationship. A casual acquaintance or ordinary (h) Engaging in purposeful, knowing, or reckless conduct, personally or
socialization between two individuals in a business or social through another, that alarms or causes substantial emotional or
psychological distress to the woman or her child. This shall include, but
context is not a dating relationship.
not be limited to, the following acts:

(f) "Sexual relations" refers to a single sexual act which may or (1) Stalking or following the woman or her child in public or private places;
may not result in the bearing of a common child. (2) Peering in the window or lingering outside the residence of the woman
or her child;
(g) "Safe place or shelter" refers to any home or institution (3) Entering or remaining in the dwelling or on the property of the woman
or her child against her/his will;
maintained or managed by the Department of Social Welfare and
(4) Destroying the property and personal belongings or inflicting harm to
Development (DSWD) or by any other agency or voluntary animals or pets of the woman or her child; and
organization accredited by the DSWD for the purposes of this (5) Engaging in any form of harassment or violence;
Act or any other suitable place the resident of which is willing
temporarily to receive the victim. (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
(h) "Children" refers to those below eighteen (18) years of age or children of access to the woman's child/children.
older but are incapable of taking care of themselves as defined
under Republic Act No. 7610. As used in this Act, it includes the
biological children of the victim and other children under her
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 SECTION 8. Protection Orders.- A protection order is an order issued under
this act for the purpose of preventing further acts of violence against a
woman or her child specified in Section 5 of this Act and granting other
necessary relief. The relief granted under a protection order serve the
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purpose of safeguarding the victim from further harm, minimizing any (i) Restitution for actual damages caused by the violence inflicted,
disruption in the victim's daily life, and facilitating the opportunity and ability including, but not limited to, property damage, medical expenses,
IV. SPECIAL PENAL LAWS of the victim to independently regain control over her life. The provisions of childcare expenses and loss of income;
the protection order shall be enforced by law enforcement agencies. The
protection orders that may be issued under this Act are the barangay (j) Directing the DSWD or any appropriate agency to provide petitioner
E. Anti-Violence Against Women and their protection order (BPO), temporary protection order (TPO) and permanent may need; and
Children Act of 2004 (R.A. No. 9262, secs. protection order (PPO). The protection orders that may be issued under this
3, 5, 8-16 and 24-27) Act shall include any, some or all of the following reliefs: (k) Provision of such other forms of relief as the court deems necessary to
protect and provide for the safety of the petitioner and any designated
(a) Prohibition of the respondent from threatening to commit or committing, family or household member, provided petitioner and any designated
personally or through another, any of the acts mentioned in Section 5 of this family or household member consents to such relief.
Act;
Any of the reliefs provided under this section shall be granted even in the
(b) Prohibition of the respondent from harassing, annoying, telephoning, absence of a decree of legal separation or annulment or declaration of
contacting or otherwise communicating with the petitioner, directly or absolute nullity of marriage.
NOTES: indirectly;
The issuance of a BPO or the pendency of an application for BPO shall not
(c) Removal and exclusion of the respondent from the residence of the preclude a petitioner from applying for, or the court from granting a TPO
petitioner, regardless of ownership of the residence, either temporarily for or PPO.
the purpose of protecting the petitioner, or permanently where no property
rights are violated, and if respondent must remove personal effects from the SECTION 9. Who may file Petition for Protection Orders. – A petition for
residence, the court shall direct a law enforcement agent to accompany the protection order may be filed by any of the following:
respondent has gathered his things and escort respondent from the
residence; (a) the offended party;
(b) parents or guardians of the offended party;
(d) Directing the respondent to stay away from petitioner and designated (c) ascendants, descendants or collateral relatives within the fourth civil
family or household member at a distance specified by the court, and to degree of consanguinity or affinity;
stay away from the residence, school, place of employment, or any (d) officers or social workers of the DSWD or social workers of local
specified place frequented by the petitioner and any designated family or government units (LGUs);
household member; (e) police officers, preferably those in charge of women and children's
desks;
(e) Directing lawful possession and use by petitioner of an automobile and (f) Punong Barangay or Barangay Kagawad;
other essential personal effects, regardless of ownership, and directing the (g) lawyer, counselor, therapist or healthcare provider of the petitioner;
appropriate law enforcement officer to accompany the petitioner to the (h) At least two (2) concerned responsible citizens of the city or
residence of the parties to ensure that the petitioner is safely restored to municipality where the violence against women and their children occurred
the possession of the automobile and other essential personal effects, or to and who has personal knowledge of the offense committed.
supervise the petitioner's or respondent's removal of personal belongings;
SECTION 10. Where to Apply for a Protection Order. – Applications for
(f) Granting a temporary or permanent custody of a child/children to the BPOs shall follow the rules on venue under Section 409 of the Local
petitioner; Government Code of 1991 and its implementing rules and regulations. An
application for a TPO or PPO may be filed in the regional trial court,
(g) Directing the respondent to provide support to the woman and/or her metropolitan trial court, municipal trial court, municipal circuit trial court
child if entitled to legal support. Notwithstanding other laws to the contrary, with territorial jurisdiction over the place of residence of the petitioner:
the court shall order an appropriate percentage of the income or salary of Provided, however, That if a family court exists in the place of residence
the respondent to be withheld regularly by the respondent's employer for of the petitioner, the application shall be filed with that court.
the same to be automatically remitted directly to the woman. Failure to remit
and/or withhold or any delay in the remittance of support to the woman SECTION 11. How to Apply for a Protection Order. – The application for a
and/or her child without justifiable cause shall render the respondent or his protection order must be in writing, signed and verified under oath by the
employer liable for indirect contempt of court; applicant. It may be filed as an independent action or as incidental relief in
any civil or criminal case the subject matter or issues thereof partakes of
(h) Prohibition of the respondent from any use or possession of any firearm a violence as described in this Act. A standard protection order
or deadly weapon and order him to surrender the same to the court for application form, written in English with translation to the major local
appropriate disposition by the court, including revocation of license and languages, shall be made available to facilitate applications for
disqualification to apply for any license to use or possess a firearm. If the protections order, and shall contain, among other, the following
offender is a law enforcement agent, the court shall order the offender to information:
surrender his firearm and shall direct the appropriate authority to investigate
on the offender and take appropriate action on matter;

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 (a) names and addresses of petitioner and respondent;
(b) description of relationships between petitioner and respondent;
(c) a statement of the circumstances of the abuse;
(d) description of the reliefs requested by petitioner as specified in Section
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8 herein; SECTION 15. Temporary Protection Orders. – Temporary Protection
(e) request for counsel and reasons for such; Orders (TPOs) refers to the protection order issued by the court on the
IV. SPECIAL PENAL LAWS (f) request for waiver of application fees until hearing; and date of filing of the application after ex parte determination that such
(g) an attestation that there is no pending application for a protection order order should be issued. A court may grant in a TPO any, some or all of the
in another court. reliefs mentioned in this Act and shall be effective for thirty (30) days. The
E. Anti-Violence Against Women and their
court shall schedule a hearing on the issuance of a PPO prior to or on the
Children Act of 2004 (R.A. No. 9262, secs. If the applicants is not the victim, the application must be accompanied by
3, 5, 8-16 and 24-27)
date of the expiration of the TPO. The court shall order the immediate
an affidavit of the applicant attesting to (a) the circumstances of the abuse personal service of the TPO on the respondent by the court sheriff who
suffered by the victim and (b) the circumstances of consent given by the may obtain the assistance of law enforcement agents for the service. The
victim for the filling of the application. When disclosure of the address of TPO shall include notice of the date of the hearing on the merits of the
the victim will pose danger to her life, it shall be so stated in the application. issuance of a PPO.
In such a case, the applicant shall attest that the victim is residing in the
municipality or city over which court has territorial jurisdiction, and shall SECTION 16. Permanent Protection Orders. – Permanent Protection Order
provide a mailing address for purpose of service processing. (PPO) refers to protection order issued by the court after notice and
hearing.
NOTES: An application for protection order filed with a court shall be considered an
application for both a TPO and PPO. Respondents non-appearance despite proper notice, or his lack of a
lawyer, or the non-availability of his lawyer shall not be a ground for
Barangay officials and court personnel shall assist applicants in the rescheduling or postponing the hearing on the merits of the issuance of a
preparation of the application. Law enforcement agents shall also extend PPO. If the respondents appears without counsel on the date of the
assistance in the application for protection orders in cases brought to their hearing on the PPO, the court shall appoint a lawyer for the respondent
attention. and immediately proceed with the hearing. In case the respondent fails to
appear despite proper notice, the court shall allow ex parte presentation
SECTION 12. Enforceability of Protection Orders. – All TPOs and PPOs of the evidence by the applicant and render judgment on the basis of the
issued under this Act shall be enforceable anywhere in the Philippines and a evidence presented. The court shall allow the introduction of any history
violation thereof shall be punishable with a fine ranging from Five Thousand of abusive conduct of a respondent even if the same was not directed
Pesos (P5,000.00) to Fifty Thousand Pesos (P50,000.00) and/or against the applicant or the person for whom the applicant is made.
imprisonment of six (6) months.
The court shall, to the extent possible, conduct the hearing on the merits
SECTION 13. Legal Representation of Petitioners for Protection Order. – If of the issuance of a PPO in one (1) day. Where the court is unable to
the woman or her child requests in the applications for a protection order conduct the hearing within one (1) day and the TPO issued is due to expire,
for the appointment of counsel because of lack of economic means to hire a the court shall continuously extend or renew the TPO for a period of thirty
counsel de parte, the court shall immediately direct the Public Attorney's (30) days at each particular time until final judgment is issued. The
Office (PAO) to represent the petitioner in the hearing on the application. If extended or renewed TPO may be modified by the court as may be
the PAO determines that the applicant can afford to hire the services of a necessary or applicable to address the needs of the applicant.
counsel de parte, it shall facilitate the legal representation of the petitioner
by a counsel de parte. The lack of access to family or conjugal resources by The court may grant any, some or all of the reliefs specified in Section 8
the applicant, such as when the same are controlled by the perpetrator, hereof in a PPO. A PPO shall be effective until revoked by a court upon
shall qualify the petitioner to legal representation by the PAO. application of the person in whose favor the order was issued. The court
shall ensure immediate personal service of the PPO on respondent.
However, a private counsel offering free legal service is not barred from The court shall not deny the issuance of protection order on the basis of
representing the petitioner. the lapse of time between the act of violence and the filing of the
application.
SECTION 14. Barangay Protection Orders (BPOs); Who May Issue and How.
- Barangay Protection Orders (BPOs) refer to the protection order issued by Regardless of the conviction or acquittal of the respondent, the Court
the Punong Barangay ordering the perpetrator to desist from committing must determine whether or not the PPO shall become final. Even in a
acts under Section 5 (a) and (b) of this Act. A Punong Barangay who receives dismissal, a PPO shall be granted as long as there is no clear showing that
applications for a BPO shall issue the protection order to the applicant on the act from which the order might arise did not exist.
the date of filing after ex parte determination of the basis of the application.
If the Punong Barangay is unavailable to act on the application for a BPO, the SECTION 24. Prescriptive Period. – Acts falling under Sections 5(a) to 5(f)
application shall be acted upon by any available Barangay Kagawad. If the shall prescribe in twenty (20) years. Acts falling under Sections 5(g) to 5(I)
BPO is issued by a Barangay Kagawad the order must be accompanied by an shall prescribe in ten (10) years.
attestation by the Barangay Kagawad that the Punong Barangay was
unavailable at the time for the issuance of the BPO. BPOs shall be effective SECTION 25. Public Crime. – Violence against women and their children
for fifteen (15) days. Immediately after the issuance of an ex parte BPO, the shall be considered a public offense which may be prosecuted upon the
Punong Barangay or Barangay Kagawad shall personally serve a copy of the filing of a complaint by any citizen having personal knowledge of the
same on the respondent, or direct any barangay official to effect is personal circumstances involving the commission of the crime.
service.

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The parties may be accompanied by a non-lawyer advocate in any
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 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
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circumstances of self-defense under the Revised Penal Code. Section 5. Sale, Trading, Administration, Dispensation, Delivery,
IV. SPECIAL PENAL LAWS Distribution and Transportation of Dangerous Drugs and/or
In the determination of the state of mind of the woman who was Controlled Precursors and Essential Chemicals. - The penalty of
suffering from battered woman syndrome at the time of the life imprisonment to death and a fine ranging from Five hundred
E. Anti-Violence Against Women and their
commission of the crime, the courts shall be assisted by expert thousand pesos (P500,000.00) to Ten million pesos
Children Act of 2004 (R.A. No. 9262, secs. psychiatrists/ psychologists. (P10,000,000.00) shall be imposed upon any person, who, unless
3, 5, 8-16 and 24-27)
authorized by law, shall sell, trade, administer, dispense, deliver,
SECTION 27. Prohibited Defense. – Being under the influence of give away to another, distribute dispatch in transit or transport any
F. Comprehensive Dangerous Drugs Act of
2002 (R.A. No. 9165, as amended by R.A.
alcohol, any illicit drug, or any other mind-altering substance shall dangerous drug, including any and all species of opium poppy
No. 10640, secs. 4, 5, 6, 11-15, 21, 23-27, not be a defense under this Act. regardless of the quantity and purity involved, or shall act as a
29, 66, 68 and 98; A.M. 18-03-16 SC; IRR of
broker in any of such transactions.
R.A. No. 9165, sec. 21)

REPUBLIC ACT NO. 9165 The penalty of imprisonment ranging from twelve (12) years and one
(1) day to twenty (20) years and a fine ranging from One hundred
NOTES: AN ACT INSTITUTING THE COMPREHENSIVE DANGEROUS DRUGS thousand pesos (P100,000.00) to Five hundred thousand pesos
ACT OF 2002, REPEALING REPUBLIC ACT NO. 6425, OTHERWISE (P500,000.00) shall be imposed upon any person, who, unless
KNOWN AS THE DANGEROUS DRUGS ACT OF 1972, AS AMENDED, authorized by law, shall sell, trade, administer, dispense, deliver,
PROVIDING FUNDS THEREFOR, AND FOR OTHER PURPOSES give away to another, distribute, dispatch in transit or transport any
controlled precursor and essential chemical, or shall act as a
Unlawful Acts and Penalties broker in such transactions.

Section 4. Importation of Dangerous Drugs and/or Controlled If the sale, trading, administration, dispensation, delivery,
Precursors and Essential Chemicals.- .The penalty of life distribution or transportation of any dangerous drug and/or
imprisonment to death and a ranging from Five hundred thousand controlled precursor and essential chemical transpires within one
pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be hundred (100) meters from the school, the maximum penalty shall
imposed upon any person, who, unless authorized by law, shall be imposed in every case.
import or bring into the Philippines any dangerous drug, regardless of
the quantity and purity involved, including any and all species of For drug pushers who use minors or mentally incapacitated
opium poppy or any part thereof or substances derived therefrom individuals as runners, couriers and messengers, or in any other
even for floral, decorative and culinary purposes. capacity directly connected to the dangerous drugs and/or
controlled precursors and essential chemical trade, the maximum
The penalty of imprisonment ranging from twelve (12) years and one penalty shall be imposed in every case.
(1) day to twenty (20) years and a fine ranging from One hundred
thousand pesos (P100,000.00) to Five hundred thousand pesos If the victim of the offense is a minor or a mentally incapacitated
(P500,000.00) shall be imposed upon any person, who, unless individual, or should a dangerous drug and/or a controlled
authorized by law, shall import any controlled precursor and precursor and essential chemical involved in any offense herein
essential chemical. provided be the proximate cause of death of a victim thereof, the
maximum penalty provided for under this Section shall be imposed.
The maximum penalty provided for under this Section shall be
imposed upon any person, who, unless authorized under this Act, The maximum penalty provided for under this Section shall be
shall import or bring into the Philippines any dangerous drug and/or imposed upon any person who organizes, manages or acts as a
controlled precursor and essential chemical through the use of a "financier" of any of the illegal activities prescribed in this Section.
diplomatic passport, diplomatic facilities or any other means
involving his/her official status intended to facilitate the unlawful The penalty of twelve (12) years and one (1) day to twenty (20)
entry of the same. In addition, the diplomatic passport shall be years of imprisonment and a fine ranging from One hundred
confiscated and canceled. thousand pesos (P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person, who acts as a
The maximum penalty provided for under this Section shall be "protector/coddler" of any violator of the provisions under this
imposed upon any person, who organizes, manages or acts as a Section.
"financier" of any of the illegal activities prescribed in this Section.
The penalty of twelve (12) years and one (1) day to twenty (20) years
of imprisonment and a fine ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos (P500,000.00) shall

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be imposed upon any person, who acts as a "protector/coddler" of
www.lexmond.ph any violator of the provisions under this Section. 100
 Section 6. Maintenance of a Den, Dive or Resort. - The penalty
of life imprisonment to death and a fine ranging from Five
hundred thousand pesos (P500,000.00) to Ten million pesos
(P10,000,000.00) shall be imposed upon any person or group of
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persons who shall maintain a den, dive or resort where any Section 11. Possession of Dangerous Drugs. - The penalty of
IV. SPECIAL PENAL LAWS dangerous drug is used or sold in any form. life imprisonment to death and a fine ranging from Five hundred
thousand pesos (P500,000.00) to Ten million pesos
The penalty of imprisonment ranging from twelve (12) years and (P10,000,000.00) shall be imposed upon any person, who,
F. Comprehensive Dangerous Drugs Act of one (1) day to twenty (20) years and a fine ranging from One unless authorized by law, shall possess any dangerous drug in
2002 (R.A. No. 9165, as amended by R.A.
No. 10640, secs. 4, 5, 6, 11-15, 21, 23-27, hundred thousand pesos (P100,000.00) to Five hundred thousand the following quantities, regardless of the degree of purity
29, 66, 68 and 98; A.M. 18-03-16 SC; IRR of pesos (P500,000.00) shall be imposed upon any person or group thereof:
R.A. No. 9165, sec. 21) of persons who shall maintain a den, dive, or resort where any
controlled precursor and essential chemical is used or sold in (1) 10 grams or more of opium;
any form. (2) 10 grams or more of morphine;
(3) 10 grams or more of heroin;
The maximum penalty provided for under this Section shall be (4) 10 grams or more of cocaine or cocaine hydrochloride;
imposed in every case where any dangerous drug is (5) 50 grams or more of methamphetamine hydrochloride or
NOTES: administered, delivered or sold to a minor who is allowed to use "shabu";
the same in such a place. (6) 10 grams or more of marijuana resin or marijuana resin oil;
(7) 500 grams or more of marijuana; and
Should any dangerous drug be the proximate cause of the death (8) 10 grams or more of other dangerous drugs such as, but not
of a person using the same in such den, dive or resort, the limited to, methylenedioxymethamphetamine (MDA) or
penalty of death and a fine ranging from One million "ecstasy", paramethoxyamphetamine (PMA),
(P1,000,000.00) to Fifteen million pesos (P500,000.00) shall be trimethoxyamphetamine (TMA), lysergic acid diethylamine
imposed on the maintainer, owner and/or operator. (LSD), gamma hydroxyamphetamine (GHB), and those similarly
designed or newly introduced drugs and their derivatives,
If such den, dive or resort is owned by a third person, the same without having any therapeutic value or if the quantity
shall be confiscated and escheated in favor of the government: possessed is far beyond therapeutic requirements, as
Provided, That the criminal complaint shall specifically allege determined and promulgated by the Board in accordance to
that such place is intentionally used in the furtherance of the Section 93, Article XI of this Act.
crime: Provided, further, That the prosecution shall prove such
intent on the part of the owner to use the property for such Otherwise, if the quantity involved is less than the foregoing
purpose: Provided, finally, That the owner shall be included as an quantities, the penalties shall be graduated as follows:
accused in the criminal complaint.
(1) Life imprisonment and a fine ranging from Four hundred
The maximum penalty provided for under this Section shall be thousand pesos (P400,000.00) to Five hundred thousand pesos
imposed upon any person who organizes, manages or acts as a (P500,000.00), if the quantity of methamphetamine
"financier" of any of the illegal activities prescribed in this hydrochloride or "shabu" is ten (10) grams or more but less
Section. than fifty (50) grams;

The penalty twelve (12) years and one (1) day to twenty (20) (2) Imprisonment of twenty (20) years and one (1) day to life
years of imprisonment and a fine ranging from One hundred imprisonment and a fine ranging from Four hundred thousand
thousand pesos (P100,000.00) to Five hundred thousand pesos pesos (P400,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person, who acts as a (P500,000.00), if the quantities of dangerous drugs are five (5)
"protector/coddler" of any violator of the provisions under this grams or more but less than ten (10) grams of opium, morphine,
Section. heroin, cocaine or cocaine hydrochloride, marijuana resin or
marijuana resin oil, methamphetamine hydrochloride or "shabu",
or other dangerous drugs such as, but not limited to, MDMA or
"ecstasy", PMA, TMA, LSD, GHB, and those similarly designed
or newly introduced drugs and their derivatives, without having
any therapeutic value or if the quantity possessed is far
beyond therapeutic requirements; or three hundred (300)
grams or more but less than five (hundred) 500) grams of
marijuana; and
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Criminal Law
 Section 12. Possession of Equipment, Instrument, Apparatus and
Other Paraphernalia for Dangerous Drugs. - The penalty of
imprisonment ranging from six (6) months and one (1) day to four
(4) years and a fine ranging from Ten thousand pesos (P10,000.00)
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to Fifty thousand pesos (P50,000.00) shall be imposed upon any Section 21. Custody and Disposition of Confiscated, Seized,
IV. SPECIAL PENAL LAWS person, who, unless authorized by law, shall possess or have and/or Surrendered Dangerous Drugs, Plant Sources of
under his/her control any equipment, instrument, apparatus and Dangerous Drugs, Controlled Precursors and Essential Chemicals,
other paraphernalia fit or intended for smoking, consuming, Instruments/Paraphernalia and/or Laboratory Equipment. – The
F. Comprehensive Dangerous Drugs Act of administering, injecting, ingesting, or introducing any dangerous PDEA shall take charge and have custody of all dangerous drugs,
2002 (R.A. No. 9165, as amended by R.A. drug into the body: Provided, That in the case of medical plant sources of dangerous drugs, controlled precursors and
No. 10640, secs. 4, 5, 6, 11-15, 21, 23-27,
practitioners and various professionals who are required to carry essential chemicals, as well as instruments/paraphernalia and/or
29, 66, 68 and 98; A.M. 18-03-16 SC; IRR of
R.A. No. 9165, sec. 21) such equipment, instrument, apparatus and other paraphernalia in laboratory equipment so confiscated, seized and/or surrendered,
the practice of their profession, the Board shall prescribe the for proper disposition in the following manner:
necessary implementing guidelines thereof.
(1) The apprehending team having initial custody and control of the
dangerous drugs, controlled precursors and essential chemicals,
The possession of such equipment, instrument, apparatus and
instruments/paraphernalia and/or laboratory equipment shall,
other paraphernalia fit or intended for any of the purposes
immediately after seizure and confiscation, conduct a physical
NOTES: enumerated in the preceding paragraph shall be prima facie
inventory of the seized items and photograph the same in the
evidence that the possessor has smoked, consumed, administered
presence of the accused or the person/s from whom such items
to himself/herself, injected, ingested or used a dangerous drug
were confiscated and/or seized, or his/her representative or
and shall be presumed to have violated Section 15 of this Act.
counsel, with an elected public official and a representative of the
National Prosecution Service or the media who shall be required to
Section 13. Possession of Dangerous Drugs During Parties, sign the copies of the inventory and be given a copy thereof:
Social Gatherings or Meetings. – Any person found possessing Provided, That the physical inventory and photograph shall be
any dangerous drug during a party, or at a social gathering or conducted at the place where the search warrant is served; or at
meeting, or in the proximate company of at least two (2) persons, the nearest police station or at the nearest office of the
shall suffer the maximum penalties provided for in Section 11 of apprehending officer/team, whichever is practicable, in case of
this Act, regardless of the quantity and purity of such dangerous warrantless seizures: Provided, finally, That noncompliance of
drugs. these requirements under justifiable grounds, as long as the
integrity and the evidentiary value of the seized items are properly
Section 14. Possession of Equipment, Instrument, Apparatus and preserved by the apprehending officer/team, shall not render void
Other Paraphernalia for Dangerous Drugs During Parties, Social and invalid such seizures and custody over said items.
Gatherings or Meetings. - The maximum penalty provided for in
Section 12 of this Act shall be imposed upon any person, who shall (2) Within twenty-four (24) hours upon confiscation/seizure of
possess or have under his/her control any equipment, instrument, dangerous drugs, plant sources of dangerous drugs, controlled
apparatus and other paraphernalia fit or intended for smoking, precursors and essential chemicals, as well as
consuming, administering, injecting, ingesting, or introducing any instruments/paraphernalia and/or laboratory equipment, the same
dangerous drug into the body, during parties, social gatherings or shall be submitted to the PDEA Forensic Laboratory for a
meetings, or in the proximate company of at least two (2) persons. qualitative and quantitative examination;

(3) A certification of the forensic laboratory examination results,

Section 15. Use of Dangerous Drugs. – A person apprehended or
which shall be done by the forensic laboratory examiner, shall be
arrested, who is found to be positive for use of any dangerous
issued immediately upon the receipt of the subject item/s:
drug, after a confirmatory test, shall be imposed a penalty of a
Provided, That when the volume of dangerous drugs, plant sources
minimum of six (6) months rehabilitation in a government center for
of dangerous drugs, and controlled precursors and essential
the first offense, subject to the provisions of Article VIII of this
chemicals does not allow the completion of testing within the time
Act. If apprehended using any dangerous drug for the second time,
frame, a partial laboratory examination report shall be provisionally
he/she shall suffer the penalty of imprisonment ranging from six issued stating therein the quantities of dangerous drugs still to be
(6) years and one (1) day to twelve (12) years and a fine ranging examined by the forensic laboratory: Provided, however, That a
from Fifty thousand pesos (P50,000.00) to Two hundred thousand final certification shall be issued immediately upon completion of
pesos (P200,000.00): Provided, That this Section shall not be the said examination and certification;
applicable where the person tested is also found to have in his/her
possession such quantity of any dangerous drug provided for
under Section 11 of this Act, in which case the provisions stated
therein shall apply.

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 (4) After the filing of the criminal case, the Court shall, within
seventy-two (72) hours, conduct an ocular inspection of the
confiscated, seized and/or surrendered dangerous drugs, plant
sources of dangerous drugs, and controlled precursors and
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essential chemicals, including the instruments/paraphernalia Section 23. Plea-Bargaining Provision. – Any person charged
IV. SPECIAL PENAL LAWS and/or laboratory equipment, and through the PDEA shall within under any provision of this Act regardless of the imposable
twenty-four (24) hours thereafter proceed with the destruction or penalty shall not be allowed to avail of the provision on plea-
burning of the same, in the presence of the accused or the bargaining.
F. Comprehensive Dangerous Drugs Act of person/s from whom such items were confiscated and/or seized,
2002 (R.A. No. 9165, as amended by R.A.
No. 10640, secs. 4, 5, 6, 11-15, 21, 23-27, or his/her representative or counsel, a representative from the Section 24. Non-Applicability of the Probation Law for Drug
29, 66, 68 and 98; A.M. 18-03-16 SC; IRR of media and the DOJ, civil society groups and any elected public Traffickers and Pushers. – Any person convicted for drug
R.A. No. 9165, sec. 21) official. The Board shall draw up the guidelines on the manner of trafficking or pushing under this Act, regardless of the penalty
proper disposition and destruction of such item/s which shall be imposed by the Court, cannot avail of the privilege granted by
borne by the offender: Provided, That those item/s of lawful the Probation Law or Presidential Decree No. 968, as amended.
commerce, as determined by the Board, shall be donated, used
or recycled for legitimate purposes: Provided, further, That a Section 25. Qualifying Aggravating Circumstances in the
representative sample, duly weighed and recorded is retained; Commission of a Crime by an Offender Under the Influence of
NOTES: Dangerous Drugs. – Notwithstanding the provisions of any law
(5) The Board shall then issue a sworn certification as to the fact to the contrary, a positive finding for the use of dangerous
of destruction or burning of the subject item/s which, together drugs shall be a qualifying aggravating circumstance in the
with the representative sample/s in the custody of the PDEA, commission of a crime by an offender, and the application of
shall be submitted to the court having jurisdiction over the case. the penalty provided for in the Revised Penal Code shall be
In all instances, the representative sample/s shall be kept to a applicable.
minimum quantity as determined by the Board;
Section 26. Attempt or Conspiracy. – Any attempt or
(6) The alleged offender or his/her representative or counsel conspiracy to commit the following unlawful acts shall be
shall be allowed to personally observe all of the above penalized by the same penalty prescribed for the commission
proceedings and his/her presence shall not constitute an of the same as provided under this Act:
admission of guilt. In case the said offender or accused refuses
or fails to appoint a representative after due notice in writing to (a) Importation of any dangerous drug and/or controlled
the accused or his/her counsel within seventy-two (72) hours precursor and essential chemical;
before the actual burning or destruction of the evidence in
question, the Secretary of Justice shall appoint a member of the (b) Sale, trading, administration, dispensation, delivery,
public attorney's office to represent the former; distribution and transportation of any dangerous drug and/or
controlled precursor and essential chemical;
(7) After the promulgation and judgment in the criminal case
wherein the representative sample/s was presented as evidence (c) Maintenance of a den, dive or resort where any dangerous
in court, the trial prosecutor shall inform the Board of the final drug is used in any form;
termination of the case and, in turn, shall request the court for
leave to turn over the said representative sample/s to the PDEA (d) Manufacture of any dangerous drug and/or controlled
for proper disposition and destruction within twenty-four (24) precursor and essential chemical; and
hours from receipt of the same; and
(e) Cultivation or culture of plants which are sources of
(8) Transitory Provision: a) Within twenty-four (24) hours from the dangerous drugs.
effectivity of this Act, dangerous drugs defined herein which are
presently in possession of law enforcement agencies shall, with
leave of court, be burned or destroyed, in the presence of
representatives of the Court, DOJ, Department of Health (DOH)
and the accused/and or his/her counsel, and, b) Pending the
organization of the PDEA, the custody, disposition, and burning
or destruction of seized/surrendered dangerous drugs provided
under this Section shall be implemented by the DOH.

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 Section 27. Criminal Liability of a Public Officer or Employee for
Misappropriation, Misapplication or Failure to Account for the
Confiscated, Seized and/or Surrendered Dangerous Drugs,
Plant Sources of Dangerous Drugs, Controlled Precursors and
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Essential Chemicals, Instruments/Paraphernalia and/or While under suspended sentence, he/she shall be under the
IV. SPECIAL PENAL LAWS Laboratory Equipment Including the Proceeds or Properties supervision and rehabilitative surveillance of the Board, under
Obtained from the Unlawful Act Committed. – The penalty of life such conditions that the court may impose for a period ranging
imprisonment to death and a fine ranging from Five hundred from six (6) months to eighteen (18) months.
F. Comprehensive Dangerous Drugs Act of thousand pesos (P500,000.00) to Ten million pesos
2002 (R.A. No. 9165, as amended by R.A.
No. 10640, secs. 4, 5, 6, 11-15, 21, 23-27, (P10,000,000.00), in addition to absolute perpetual Upon recommendation of the Board, the court may commit the
29, 66, 68 and 98; A.M. 18-03-16 SC; IRR of disqualification from any public office, shall be imposed upon accused under suspended sentence to a Center, or to the care
R.A. No. 9165, sec. 21) any public officer or employee who misappropriates, misapplies of a DOH-accredited physician for at least six (6) months, with
or fails to account for confiscated, seized or surrendered after-care and follow-up program for not more than eighteen
dangerous drugs, plant sources of dangerous drugs, controlled (18) months.
precursors and essential chemicals, instruments/paraphernalia
and/or laboratory equipment including the proceeds or In the case of minors under fifteen (15) years of age at the time
properties obtained from the unlawful acts as provided for in this of the commission of any offense penalized under this Act,
NOTES: Act. Article 192 of Presidential Decree No. 603, otherwise known as
the Child and Youth Welfare Code, as amended by Presidential
Any elective local or national official found to have benefited Decree No. 1179 shall apply, without prejudice to the
from the proceeds of the trafficking of dangerous drugs as application of the provisions of this Section.
prescribed in this Act, or have received any financial or material
contributions or donations from natural or juridical persons found Section 68. Privilege of Suspended Sentence to be Availed of
guilty of trafficking dangerous drugs as prescribed in this Act, Only Once by a First-Time Minor Offender. – The privilege of
shall be removed from office and perpetually disqualified from suspended sentence shall be availed of only once by an
holding any elective or appointive positions in the government, accused drug dependent who is a first-time offender over
its divisions, subdivisions, and intermediaries, including fifteen (15) years of age at the time of the commission of the
government-owned or –controlled corporations. violation of Section 15 of this Act but not more than eighteen
(18) years of age at the time when judgment should have been
Section 29. Criminal Liability for Planting of Evidence. – Any promulgated.
person who is found guilty of "planting" any dangerous drug
and/or controlled precursor and essential chemical, regardless Section 98. Limited Applicability of the Revised Penal Code. –
of quantity and purity, shall suffer the penalty of death. Notwithstanding any law, rule or regulation to the contrary, the
provisions of the Revised Penal Code (Act No. 3814), as
Section 66. Suspension of Sentence of a First-Time Minor amended, shall not apply to the provisions of this Act, except
Offender. – An accused who is over fifteen (15) years of age at in the case of minor offenders. Where the offender is a minor,
the time of the commission of the offense mentioned in Section the penalty for acts punishable by life imprisonment to death
11 of this Act, but not more than eighteen (18) years of age at the provided herein shall be reclusion perpetua to death.
time when judgment should have been promulgated after having
been found guilty of said offense, may be given the benefits of a
suspended sentence, subject to the following conditions:

(a) He/she has not been previously convicted of violating any

provision of this Act, or of the Dangerous Drugs Act of 1972, as
amended; or of the Revised Penal Code; or of any special penal
laws;

(b) He/she has not been previously committed to a Center or to

the care of a DOH-accredited physician; and

(c) The Board favorably recommends that his/her sentence be

suspended.

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 IMPLEMENTING RULES AND REGULATIONS (IRR) OF REPUBLIC
ACT NO. 9165, OTHERWISE KNOWN AS THE “COMPREHENSIVE
DANGEROUS DRUGS ACT OF 2002”
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SECTION 21. Custody and Disposition of Confiscated, Seized (d) After the filing of the criminal case, the court shall, within
IV. SPECIAL PENAL LAWS and/or Surrendered Dangerous Drugs, Plant Sources of seventy-two (72) hours, conduct an ocular inspection of the
Dangerous Drugs, Controlled Precursors and Essential confiscated, seized and/or surrendered dangerous drugs, plant
Chemicals, Instruments/Paraphernalia and/or Laboratory sources of dangerous drugs, and controlled precursors and
F. Comprehensive Dangerous Drugs Act of Equipment. - The PDEA shall take charge and have custody of all essential chemicals, including the instruments/paraphernalia
2002 (R.A. No. 9165, as amended by R.A.
No. 10640, secs. 4, 5, 6, 11-15, 21, 23-27, dangerous drugs, plant sources of dangerous drugs, controlled and/or laboratory equipment, and through the PDEA shall,
29, 66, 68 and 98; A.M. 18-03-16 SC; IRR of precursors and essential chemicals, as well as disposition in the within twenty- four (24) hours thereafter, proceed with the
R.A. No. 9165, sec. 21) following manner: destruction or burning of the same, in the presence of the
accused or the person/s from whom such items were
(a) The apprehending officer/team having initial custody and confiscated and/or seized, or his/her representative or
control of the drugs shall, immediately after seizure and counsel, a representative from the media and the DOJ, civil
confiscation, physically inventory and photograph the same in society groups and any elected public official. The Board shall
the presence of the accused or the person/s from whom such draw up the guidelines on the manner of proper disposition and
NOTES: items were confiscated and/or seized, or his/her representative destruction of such item/s which shall be borne by the
or counsel, a representative from the media and the Department offender: Provided, that those item/s of lawful commerce, as
of Justice (DOJ), and any elected public official who shall be determined by the Board, shall be donated, used or recycled
required to sign the copies of the inventory and be given a copy for legitimate purposes; Provided, further, that a representative
thereof: Provided, that the physical inventory and photograph sample, duly weighed and recorded is retained;
shall be conducted at the place where the search warrant is
served; or at the nearest police station or at the nearest office (e) The Board shall then issue a sworn certification as to the
of the apprehending officer/team, whichever is practicable, in fact of destruction or burning of the subject item/s which,
case of warrantless seizures; Provided, further, that non- together with the representative sample/s in the custody of the
compliance with these requirements under justifiable grounds, as PDEA, shall be submitted to the court having jurisdiction over
long as the integrity and the evidentiary value of the seized the case. In cases of seizures where no person is apprehended
items are properly preserved by the apprehending officer/team, and no criminal case is filed, the PDEA may order the
shall not render void and invalid such seizures of and custody immediate destruction or burning of seized dangerous drugs
over said items; and controlled precursors and essential chemicals under
guidelines set by the Board. In all instances, the representative
(b) Within twenty-four (24) hours upon confiscation/seizure of sample/s shall be kept to a minimum quantity as determined by
dangerous drugs, plant sources of dangerous drugs, controlled the Board;
precursors and essential chemicals, as well as instruments/
paraphernalia and/or laboratory equipment, the same shall be (f) The alleged offender or his/her representative or counsel
submitted to the PDEA Forensic Laboratory for a qualitative and shall be allowed to personally observe all of the above
quantitative examination; proceedings and his/her presence shall not constitute an
admission of guilt. In case the said offender or accused
(c) A certification of the forensic laboratory examination results, refuses or fails to appoint a representative after due notice in
which shall be done under oath by the forensic laboratory writing to the accused or his/her counsel within seventy-two
examiner, shall be issued within twenty-four (24) hours after the (72) hours before the actual burning or destruction of the
receipt of the subject item/s: Provided, that when the volume of evidence in question, the Secretary of Justice shall appoint a
the dangerous drugs, plant sources of dangerous drugs, and member of the public attorney’s office to represent the former;
controlled precursors and essential chemicals does not allow
the completion of testing within the time frame, a partial
laboratory examination report shall be provisionally issued
stating therein the quantities of dangerous drugs still to be
examined by the forensic laboratory: Provided, however, that a
final certification shall be issued on the completed forensic
laboratory examination on the same within the next twenty-four
(24) hours;

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 (g) After the promulgation and judgment in the criminal case
wherein the representative sample/s was presented as evidence
in court, the trial prosecutor shall inform the Board of the final
termination of the case and, in turn, shall request the court for
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leave to turn over the said representative sample/s to the PDEA Republic Act No. 10175
IV. SPECIAL PENAL LAWS for proper disposition and destruction within twenty-four (24)
hours from receipt of the same; and AN ACT DEFINING CYBERCRIME, PROVIDING FOR THE
PREVENTION, INVESTIGATION, SUPPRESSION AND THE
F. Comprehensive Dangerous Drugs Act of (h) Transitory Provision: IMPOSITION OF PENALTIES THEREFOR AND FOR OTHER
2002 (R.A. No. 9165, as amended by R.A.
No. 10640, secs. 4, 5, 6, 11-15, 21, 23-27,
PURPOSES
29, 66, 68 and 98; A.M. 18-03-16 SC; IRR of h.1) Within twenty-four (24) hours from the effectivity of the Act,
R.A. No. 9165, sec. 21) dangerous drugs defined herein which are presently in PUNISHABLE ACTS
G. Cybercrime Prevention Act of 2012 (R.A. possession of law enforcement agencies shall, with leave of
No. 10175, secs. 4-7) court, be burned or destroyed, in the presence of SEC. 4. Cybercrime Offenses. — The following acts constitute
representatives of the court, DOJ, Department of Health (DOH) the offense of cybercrime punishable under this Act:
and the accused and/or his/her counsel; and
(a) Offenses against the confidentiality, integrity and
NOTES: h.2) Pending the organization of the PDEA, the custody, availability of computer data and systems:
disposition, and burning or destruction of seized/surrendered
dangerous drugs provided under this Section shall be (1) Illegal Access. – The access to the whole or any part of a
implemented by the DOH. computer system without right.

In the meantime that the PDEA has no forensic laboratories (2) Illegal Interception. – The interception made by technical
and/or evidence rooms, as well as the necessary personnel of means without right of any non-public transmission of computer
its own in any area of its jurisdiction, the existing National Bureau data to, from, or within a computer system including
of Investigation (NBI) and Philippine National Police (PNP) electromagnetic emissions from a computer system carrying
forensic laboratories shall continue to examine or conduct such computer data.
screening and confirmatory tests on the seized/surrendered
evidence whether these be dangerous drugs, plant sources of (3) Data Interference. — The intentional or reckless alteration,
dangerous drugs, controlled precursors and essential chemicals, damaging, deletion or deterioration of computer data,
instruments, paraphernalia and/or laboratory equipment; and the electronic document, or electronic data message, without
NBI and the PNP shall continue to have custody of such evidence right, including the introduction or transmission of viruses.
for use in court and until disposed of, burned or destroyed in
accordance with the foregoing rules: Provided, that pending (4) System Interference. — The intentional alteration or
appointment/designation of the full complement of the reckless hindering or interference with the functioning of a
representatives from the media, DOJ, or elected public official, computer or computer network by inputting, transmitting,
the inventory of the said evidence shall continue to be damaging, deleting, deteriorating, altering or suppressing
conducted by the arresting NBI and PNP operatives under their computer data or program, electronic document, or electronic
existing procedures unless otherwise directed in writing by the data message, without right or authority, including the
DOH or PDEA, as the case may be. introduction or transmission of viruses.

(5) Misuse of Devices.

(i) The use, production, sale, procurement, importation,

distribution, or otherwise making available, without right, of:

(aa) A device, including a computer program, designed or

adapted primarily for the purpose of committing any of the
offenses under this Act; or

(bb) A computer password, access code, or similar data by

which the whole or any part of a computer system is capable
of being accessed with intent that it be used for the purpose of
committing any of the offenses under this Act.
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 (ii) The possession of an item referred to in paragraphs 5(i)(aa) or
(bb) above with intent to use said devices for the purpose of
committing any of the offenses under this section.
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(6) Cyber-squatting. – The acquisition of a domain name over the (2) Child Pornography. — The unlawful or prohibited acts
IV. SPECIAL PENAL LAWS internet in bad faith to profit, mislead, destroy reputation, and defined and punishable by Republic Act No. 9775 or the Anti-
deprive others from registering the same, if such a domain name Child Pornography Act of 2009, committed through a computer
is: system: Provided, That the penalty to be imposed shall be (1)
G. Cybercrime Prevention Act of 2012 (R.A. one degree higher than that provided for in Republic Act No.
No. 10175, secs. 4-7)
(i) Similar, identical, or confusingly similar to an existing 9775.
trademark registered with the appropriate government agency at
the time of the domain name registration: (3) Unsolicited Commercial Communications. — The
transmission of commercial electronic communication with the
(ii) Identical or in any way similar with the name of a person other use of computer system which seek to advertise, sell, or offer
than the registrant, in case of a personal name; and for sale products and services are prohibited unless:

(iii) Acquired without right or with intellectual property interests (i) There is prior affirmative consent from the recipient; or
NOTES: in it.
(ii) The primary intent of the communication is for service
(b) Computer-related Offenses: and/or administrative announcements from the sender to its
existing users, subscribers or customers; or
(1) Computer-related Forgery. —
(iii) The following conditions are present:
(i) The input, alteration, or deletion of any computer data without
right resulting in inauthentic data with the intent that it be (aa) The commercial electronic communication contains a
considered or acted upon for legal purposes as if it were simple, valid, and reliable way for the recipient to reject.
authentic, regardless whether or not the data is directly readable receipt of further commercial electronic messages (opt-out)
and intelligible; or from the same source;

(ii) The act of knowingly using computer data which is the (bb) The commercial electronic communication does not
product of computer-related forgery as defined herein, for the purposely disguise the source of the electronic message; and
purpose of perpetuating a fraudulent or dishonest design.
(cc) The commercial electronic communication does not
(2) Computer-related Fraud. — The unauthorized input, alteration, purposely include misleading information in any part of the
or deletion of computer data or program or interference in the message in order to induce the recipients to read the message.
functioning of a computer system, causing damage thereby with
fraudulent intent: Provided, That if no damage has yet been (4) Libel. — The unlawful or prohibited acts of libel as defined
caused, the penalty imposable shall be one (1) degree lower. in Article 355 of the Revised Penal Code, as amended,
committed through a computer system or any other similar
(3) Computer-related Identity Theft. – The intentional acquisition, means which may be devised in the future.
use, misuse, transfer, possession, alteration or deletion of
identifying information belonging to another, whether natural or SEC. 5. Other Offenses. — The following acts shall also
juridical, without right: Provided, That if no damage has yet been constitute an offense:
caused, the penalty imposable shall be one (1) degree lower.
(a) Aiding or Abetting in the Commission of Cybercrime. – Any
(c) Content-related Offenses: person who willfully abets or aids in the commission of any of
the offenses enumerated in this Act shall be held liable.
(1) Cybersex. — The willful engagement, maintenance, control, or
operation, directly or indirectly, of any lascivious exhibition of (b) Attempt in the Commission of Cybercrime. — Any person
sexual organs or sexual activity, with the aid of a computer who willfully attempts to commit any of the offenses
system, for favor or consideration. enumerated in this Act shall be held liable.

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 SEC. 6. All crimes defined and penalized by the Revised Penal
Code, as amended, and special laws, if committed by, through
and with the use of information and communications
technologies shall be covered by the relevant provisions of this
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Act: Provided, That the penalty to be imposed shall be one (1) Section 3. Definition of Terms.
IV. SPECIAL PENAL LAWS degree higher than that provided for by the Revised Penal Code,
as amended, and special laws, as the case may be. (a) “Children” refers to person below eighteen (18) years of
age or those over but are unable to fully take care of
G. Cybercrime Prevention Act of 2012 (R.A. SEC. 7. Liability under Other Laws. — A prosecution under this themselves or protect themselves from abuse, neglect,
No. 10175, secs. 4-7)
Act shall be without prejudice to any liability for violation of any cruelty, exploitation or discrimination because of a physical or
H. Special Protection of Children Against provision of the Revised Penal Code, as amended, or special mental disability or condition;
Abuse, Exploitation, and Discrimination Act laws.
(R.A. No. 7610, as amended by R.A. Nos.
9231 and 11648, secs. 3, 5, 6, 10, 12 and
(b) “Child abuse” refers to the maltreatment, whether habitual
16) R.A. No. 7610 or not, of the child which includes any of the following:

AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL (1) Psychological and physical abuse, neglect, cruelty, sexual
PROTECTION AGAINST CHILD ABUSE, EXPLOITATION AND abuse and emotional maltreatment;
NOTES: DISCRIMINATION, AND FOR OTHER PURPOSES
(2) Any act by deeds or words which debases, degrades or
as amended by R.A. Nos. 9231 demeans the intrinsic worth and dignity of a child as a human
being;
AN ACT PROVIDING FOR THE ELIMINATION OF THE WORST
FORMS OF CHILD LABOR AND AFFORDING STRONGER (3) Unreasonable deprivation of his basic needs for survival,
PROTECTION FOR THE WORKING CHILD, AMENDING FOR THIS such as food and shelter;
PURPOSE REPUBLIC ACT NO. 7610, AS AMENDED, OTHERWISE
KNOWN AS THE “SPECIAL PROTECTION OF CHILDREN AGAINST (4) Failure to immediately give medical treatment to an injured
CHILD ABUSE, EXPLOITATION AND DISCRIMINATION ACT” child resulting in serious impairment of his growth and
development or in his permanent incapacity or death.

R.A. No. 11648 (c) “Circumstances which gravely threaten or endanger the
survival and normal development of children” include, but are
AN ACT PROMOTING FOR STRONGER PROTECTION AGAINST not limited to, the following;
RAPE AND SEXUAL EXPLOITATION AND ABUSE, INCREASING
THE AGE FOR DETERMINING THE COMMISSION OF STATUTORY (1) Being in a community where there is armed conflict or being
RAPE, AMENDING FOR THE PURPOSE ACT NO. 3815, AS affected by armed conflict-related activities;
AMENDED, OTHERWISE KNOWN AS "THE REVISED PENAL
CODE," REPUBLIC ACT NO. 8353, ALSO KNOWN AS "THE ANTI- (2) Working under conditions hazardous to life, safety and
RAPE LAW OF 1997," AND REPUBLIC ACT NO. 7610, AS normal which unduly interfere with their normal development;
AMENDED, OTHERWISE KNOWN AS THE "SPECIAL PROTECTION
OF CHILDREN AGAINST ABUSE, EXPLOITATION AND (3) Living in or fending for themselves in the streets of urban or
DISCRIMINATION ACT" rural areas without the care of parents or a guardian or basic
services needed for a good quality of life;

(4) Being a member of a indigenous cultural community and/or

living under conditions of extreme poverty or in an area which
is underdeveloped and/or lacks or has inadequate access to
basic services needed for a good quality of life;

(5) Being a victim of a man-made or natural disaster or

calamity; or

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 (6) Circumstances analogous to those above stated which
endanger the life, safety or normal development of children.

(d) “Comprehensive program against child abuse, exploitation

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and discrimination” refers to the coordinated program of Section 6. Attempt To Commit Child Prostitution. There is an
IV. SPECIAL PENAL LAWS services and facilities to protected children against: attempt to commit child prostitution under Section 5,
paragraph (a) hereof when any person who, not being a relative
(1) Child Prostitution and other sexual abuse; of a child, is found alone with the said child inside the room or
H. Special Protection of Children Against (2) Child trafficking; cubicle of a house, an inn, hotel, motel, pension house,
Abuse, Exploitation, and Discrimination Act
(R.A. No. 7610, as amended by R.A. Nos. (3) Obscene publications and indecent shows; apartelle or other similar establishments, vessel, vehicle or any
9231 and 11648, secs. 3, 5, 6, 10, 12 and (4) Other acts of abuses; and other hidden or secluded area under circumstances which
16) (5) Circumstances which threaten or endanger the survival and would lead a reasonable person to believe that the child is
normal development of children. about to be exploited in prostitution and other sexual abuse.

Section 5. Child Prostitution and Other Sexual Abuse. Children, There is also an attempt to commit child prostitution, under
whether male or female, who for money, profit, or any other paragraph (b) of Section 5 hereof when any person is receiving
consideration or due to the coercion or influence of any adult, services from a child in a sauna parlor or bath, massage clinic,
NOTES: syndicate or group, indulge in sexual intercourse or lascivious health club and other similar establishments. A penalty lower
conduct, are deemed to be children exploited in prostitution by two (2) degrees than that prescribed for the consummated
and other sexual abuse. felony under Section 5 hereof shall be imposed upon the
principals of the attempt to commit the crime of child
The penalty of reclusion temporal in its medium period to prostitution under this Act, or, in the proper case, under the
reclusion perpetua shall be imposed upon the following: Revised Penal Code.

(a) Those who engage in or promote, facilitate or induce child Section 10. Other Acts of Neglect, Abuse, Cruelty or
prostitution which include, but are not limited to, the following: Exploitation and Other Conditions Prejudicial to the Child’s
Development.
(1) Acting as a procurer of a child prostitute;
(2) Inducing a person to be a client of a child prostitute by means (a) Any person who shall commit any other acts of child abuse,
of written or oral advertisements or other similar means; cruelty or exploitation or to be responsible for other conditions
(3) Taking advantage of influence or relationship to procure a prejudicial to the child’s development including those covered
child as prostitute; by Article 59 of Presidential Decree No. 603, as amended, but
(4) Threatening or using violence towards a child to engage him not covered by the Revised Penal Code, as amended, shall
as a prostitute; or suffer the penalty of prision mayor in its minimum period.
(5) Giving monetary consideration goods or other pecuniary
benefit to a child with intent to engage such child in prostitution. (b) Any person who shall keep or have in his company a minor
sixteen (16) years of age or under or who is ten (10) years or
(b) Those who commit the act of sexual intercourse or lascivious more his junior in any public or private place, hotel, motel, beer
conduct with a child exploited in prostitution or subjected to joint, discotheque, cabaret, pension house, sauna or massage
other sexual abuse: Provided, That when the victim is under parlor, beach, and/or other tourist or similar places shall suffer
sixteen (16) years of age, the perpetrators shall be prosecuted the penalty of prision mayor in its maximum period and a fine of
under Article 335, paragraph 3, for rape and Article 336 of Act not less that Fifty thousand pesos (P50,000.00): Provided, That
No. 3815, as amended, otherwise known as "The Revised Penal this provision shall not apply to any person who is related
Code", for rape, or lascivious conduct, as the case may be: within fourth degree of consanguinity or affinity or any blood
Provided, That the penalty for lascivious conduct when the victim recognized by law, local custom and tradition or acts in the
is under sixteen (16) years of age shall be reclusion temporal in performance of a social, moral or legal duty.
its medium period; and

(c) Those who derive profit or advantage therefrom, whether as

manager or owner of the establishment where the prostitution
takes place, or of the sauna, disco, bar, resort, place of
entertainment or establishment serving as a cover or which
engages in prostitution in addition to the activity for which the
license has been issued to said establishment.
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 (c) Any person who shall induce, deliver or offer a minor to any
one prohibited by this Act to keep or have in his company a
minor as provided in the preceding paragraph shall suffer the
penalty of prision mayor in its medium period and a fine of not
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less than Forty thousand pesos (P40,000); Provided, however, SEC. 12. Employment of Children. – Children below fifteen (15)
IV. SPECIAL PENAL LAWS That should the perpetrator be an ascendant, stepparent or years of age shall not be employed except:
guardian of the minor, the penalty to be imposed shall be prision
mayor in its maximum period, a fine of not less than Fifty 1) When a child works directly under the sole responsibility of
H. Special Protection of Children Against thousand pesos (P50,000), and the loss of parental authority his/her parents or legal guardian and where only members of
Abuse, Exploitation, and Discrimination Act his/her family are employed: Provided, however, That his/her
(R.A. No. 7610, as amended by R.A. Nos. over the minor.
employment neither endangers his/her life, safety, health, and
9231 and 11648, secs. 3, 5, 6, 10, 12 and
16) morals, nor impairs his/her normal development: Provided, further,
(d) Any person, owner, manager or one entrusted with the
That the parent or legal guardian shall provide the said child with
operation of any public or private place of accommodation,
the prescribed primary and/or secondary education; or
whether for occupancy, food, drink or otherwise, including
residential places, who allows any person to take along with him
2) Where a child’s employment or participation in public
to such place or places any minor herein described shall be entertainment or information through cinema, theater, radio,
imposed a penalty of prision mayor in its medium period and a television or other forms of media is essential: Provided, That the
NOTES: fine of not less than Fifty thousand pesos (P50,000), and the employment contract is concluded by the child’s parents or legal
loss of the license to operate such a place or establishment. guardian, with the express agreement of the child concerned, if
possible, and the approval of the Department of Labor and
(e) Any person who shall use, coerce, force or intimidate a street Employment: Provided, further, That the following requirements in
child or any other child to; all instances are strictly complied with:

(1) Beg or use begging as a means of living; (a) The employer shall ensure the protection, health, safety,
(2) Act as conduit or middlemen in drug trafficking or pushing; or morals and normal development of the child;
(3) Conduct any illegal activities, shall suffer the penalty of
prision correccional in its medium period to reclusion perpetua. (b) The employer shall institute measures to prevent the child’s
exploitation or discrimination taking into account the system and
For purposes of this Act, the penalty for the commission of acts level of remuneration, and the duration and arrangement of
punishable under Articles 248, 249, 262, paragraph 2, and 263, working time; and
paragraph 1 of Act No. 3815, as amended, the Revised Penal
(c) The employer shall formulate and implement, subject to the
Code, for the crimes of murder, homicide, other intentional
approval and supervision of competent authorities, a continuing
mutilation, and serious physical injuries, respectively, shall be
program for training and skills acquisition of the child.
reclusion perpetua when the victim is under twelve (12) years of
age. The penalty for the commission of acts punishable under In the above-exceptional cases where any such child may be
Article 337, 339, 340 and 341 of Act No. 3815, as amended, the employed, the employer shall first secure, before engaging such
Revised Penal Code, for the crimes of qualified seduction, acts child, a work permit from the Department of Labor and
of lasciviousness with the consent of the offended party, Employment which shall ensure observance of the above
corruption of minors, and white slave trade, respectively, shall requirements.
be one (1) degree higher than that imposed by law when the
victim is under twelve (12) years age. For purposes of this Article, the term “child” shall apply to all
persons under eighteen (18) years of age.
The victim of the acts committed under this section shall be
entrusted to the care of the Department of Social Welfare and Section 16. Penalties. – Any person who shall violate any provision
Development. of this Article shall suffer the penalty of a fine of not less than
One thousand pesos (P1,000) but not more than Ten thousand
pesos (P10,000) or imprisonment of not less than three (3) months
but not more than three (3) years, or both at the discretion of the
court; Provided, That, in case of repeated violations of the
provisions of this Article, the offender’s license to operate shall
be revoked.

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 REPUBLIC ACT No. 11313

An Act Defining Gender-Based Sexual Harassment in Streets,

Public Spaces, Online, Workplaces, and Educational or Training
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Institutions, Providing Protective Measures and Prescribing (h) Stalking refers to conduct directed at a person involving the
IV. SPECIAL PENAL LAWS Penalties Therefor repeated visual or physical proximity, non-consensual
communication, or a combination thereof that cause or will likely
Section 3. Definition of Terms. -As used in this Act: cause a person to fear for one’s own safety or the safety of others,
I. Safe Spaces Act (R.A. No. 11313, secs. 3- or to suffer emotional distress.
7 and 11)
(a) Catcalling refers to unwanted remarks directed towards a
GENDER-BASED STREETS AND PUBLIC SPACES
person, commonly done in the form of wolf-whistling and
SEXUAL HARASSMENT
misogynistic, transphobic, homophobic, and sexist slurs;
Section 4. Gender-Based Streets and Public Spaces Sexual
(b) Employee refers to a person, who in exchange for Harassment. -The crimes of gender-based streets and public
remuneration, agrees to perform specified services for another spaces sexual harassment are committed through any unwanted and
person, whether natural or juridical, and whether private or uninvited sexual actions or remarks against any person regardless
public, who exercises fundamental control over the work, of the motive for committing such action or remarks.
NOTES: regardless of the term or duration of agreement: Provided, That
for the purposes of this law, a person who is detailed to an entity Gender-based streets and public spaces sexual harassment
under a subcontracting or secondment agreement shall be includes catcalling, wolf-whistling, unwanted invitations,
considered an employee; misogynistic, transphobic, homophobic and sexist slurs, persistent
uninvited comments or gestures on a person’s appearance,
relentless requests for personal details, statement of sexual
(c) Employer refers to a person who exercises control over an
comments and suggestions, public masturbation or flashing of
employee: Provided, That for the purpose of this Act, the status private parts, groping, or any advances, whether verbal or physical,
or conditions of the latter’s employment or engagement shall be that is unwanted and has threatened one’s sense of personal space
disregarded; and physical safety, and committed in public spaces such as alleys,
roads, sidewalks and parks. Acts constitutive of gender-based
(d) Gender refers to a set of socially ascribed characteristics, streets and public spaces sexual harassment are those performed in
norms, roles, attitudes, values and expectations identifying the buildings, schools, churches, restaurants, malls, public washrooms,
social behavior of men and women, and the relations between bars, internet shops, public markets, transportation terminals or
them; public utility vehicles.

(e) Gender-based online sexual harassment refers to an online Section 5. Gender-Based Sexual Harassment in Restaurants and
Cafes, Bars and Clubs, Resorts and Water Parks, Hotels and
conduct targeted at a particular person that causes or likely to
Casinos, Cinemas, Malls, Buildings and Other Privately-Owned
cause another mental, emotional or psychological distress, and
Places Open to the Public. -Restaurants, bars, cinemas, malls,
fear of personal safety, sexual harassment acts including
buildings and other privately-owned places open to the public shall
unwanted sexual remarks and comments, threats, uploading or adopt a zero-tolerance policy against gender-based streets and
sharing of one’s photos without consent, video and audio public spaces sexual harassment. These establishments are obliged
recordings, cyberstalking and online identity theft; to provide assistance to victims of gender-based sexual harassment
by coordinating with local police authorities immediately after
(f) Gender identity and/or expression refers to the personal gender-based sexual harassment is reported, making CCTV footage
sense of identity as characterized, among others, by manner of available when ordered by the court, and providing a safe gender-
clothing, inclinations, and behavior in relation to masculine or sensitive environment to encourage victims to report gender-based
feminine conventions. A person may have a male or female sexual harassment at the first instance.
identity with physiological characteristics of the opposite sex in
All restaurants, bars, cinemas and other places of recreation shall
which case this person is considered transgender:
install in their business establishments clearly-visible warning signs
against gender-based public spaces sexual harassment, including
(g) Public spaces refer to streets and alleys, public parks,
the anti-sexual harassment hotline number in bold letters, and shall
schools, buildings, malls, bars, restaurants, transportation designate at least one (1) anti-sexual harassment officer to receive
terminals, public markets, spaces used as evacuation centers, gender-based sexual harassment complaints. Security guards in
government offices, public utility vehicles as well as private these places may be deputized to apprehend perpetrators caught in
vehicles covered by app-based transport network services and flagrante delicto and are required to immediately coordinate with
other recreational spaces such as, but not limited to, cinema local authorities.
halls, theaters and spas; and
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Criminal Law
 Section 6. Gender-Based Sexual Harassment in Public Utility
Vehicles. -In addition to the penalties in this Act, the Land
Transportation Office (LTO) may cancel the license of
perpetrators found to have committed acts constituting sexual
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harassment in public utility vehicles, and the Land Transportation (b) For acts such as making offensive body gestures at someone,
IV. SPECIAL PENAL LAWS Franchising and Regulatory Board (LTFRB) may suspend or and exposing private parts for the sexual gratification of the
revoke the franchise of transportation operators who commit perpetrator with the effect of demeaning, harassing, threatening or
gender-based streets and public spaces sexual harassment acts. intimidating the offended party including flashing of private parts,
I. Safe Spaces Act (R.A. No. 11313, secs. 3- public masturbation, groping, and similar lewd sexual actions –
Gender-based sexual harassment in public utility vehicles (PUVs)
7 and 11)
where the perpetrator is the driver of the vehicle shall also
(1) The first offense shall he punished by a fine of Ten thousand
constitute a breach of contract of carriage, for the purpose of
pesos (₱10,000.00) and community service of twelve (12) hours
creating a presumption of negligence on the part of the owner or inclusive of attendance to a Gender Sensitivity Seminar, to be
operator of the vehicle in the selection and supervision of conducted by the PNP in coordination with the LGU and the PCW;
employees and rendering the owner or operator solidarity liable
for the offenses of the employee. (2) The second offense shall be punished by arresto menor (11 to 30
days) or a fine of Fifteen thousand pesos (₱15,000.00);
Section 7. Gender-Based Sexual Harassment in Streets and
NOTES: Public Spaces Committed by Minors. -In case the offense is (3) The third offense shall be punished by arresto mayor (1 month
committed by a minor, the Department of Social Welfare and and 1 day to 6 months) and a fine of Twenty thousand pesos
Development (DSWD) shall take necessary disciplinary measures (₱20,000.00).
as provided for under Republic Act No. 9344, otherwise known
(c) For acts such as stalking, and any of the acts mentioned in
as the "Juvenile Justice and Welfare Act of 2006".
Section 11 paragraphs (a) and (b), when accompanied by touching,
pinching or brushing against the body of the offended person; or any
Section 11. Specific Acts and Penalties for Gender-Based touching, pinching, or brushing against the genitalia, face, arms,
Sexual Harassment in Streets and Public Spaces. -The following anus, groin, breasts, inner thighs, face, buttocks or any part of the
acts are unlawful and shall be penalized as follows: victim’s body even when not accompanied by acts mentioned in
Section 11 paragraphs (a) and (b) –
(a) For acts such as cursing, wolf-whistling, catcalling, leering
and intrusive gazing, taunting, pursing, unwanted invitations, (1) The first offense shall be punished by arresto rnenor (11 to 30
misogynistic, transphobic, homophobic, and sexist slurs, days) or a line of Thirty thousand pesos (₱30,000.00), provided that
persistent unwanted comments on one’s appearance, relentless it includes attendance in a Gender Sensitivity Seminar, to be
requests for one’s personal details such as name, contact and conducted by the PNP in coordination with the LGU and the PCW;
social media details or destination, the use of words, gestures or
(2) The second offense shall be punished by arresto mayor (1 month
actions that ridicule on the basis of sex, gender or sexual
and 1 day to 6 months) or a fine of Fifty thousand pesos
orientation, identity and/or expression including sexist,
(₱50,000.00);
homophobic, and transphobic statements and slurs, the
persistent telling of sexual jokes, use of sexual names, (3) The third offense shall be punished by arresto mayor in its
comments and demands, and any statement that has made an maximum period or a fine of One hundred thousand pesos
invasion on a person’s personal space or threatens the person’s (₱100,000.00).
sense of personal safety –

(1) The first offense shall be punished by a fine of One thousand

pesos (₱1,000.00) and community service of twelve (12) hours
inclusive of attendance to a Gender Sensitivity Seminar to be
conducted by the PNP in coordination with the LGU and the PCW;
(2) The second offense shall be punished by arresto menor (6 to
10 days) or a fine of Three thousand pesos (₱3,000.00);

(3) The third offense shall be punished by arresto menor (11 to 30

days) and a fine of Ten thousand pesos (₱10,000.00).

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 R.A. No. 11648

An Act Providing for Stronger Protection Against Rape and

Sexual Exploitation and Abuse, Increasing the Age for
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Determining the Commission of Statutory Rape "Under the provisions of this Chapter, seduction is committed when
IV. SPECIAL PENAL LAWS the offender have carnal knowledge of any of the persons and under
Section 1. Article 266-A (1)(d) of Act No. 3815, otherwise known the circumstances described therein."
as "The Revised Penal Code," as amended by Republic Act No.
J. An Act Providing for Stronger Protection "Article 338. Simple seduction. - The seduction of a minor, sixteen
8353 known as "The Anti-Rape Law of 1997," is hereby further
Against Rape and Sexual Exploitation and and over but under eighteen years of age, committed by means of
Abuse, Increasing the Age for Determining amended to read as follows:
deceit, shall be punished by arresto mayor."
the Commission of Statutory Rape (R.A. No.
11648, secs. 1-3) "Article 266-A. Rape; When and How Committed. - Rape is Section 3. Sections 5(b), 7, 9, and 10(b) of Republic Act No. 7610,
committed: otherwise known as the Special Protection of Children Against
Abuse, Exploitation and Discrimination Act are hereby amended to
"1) By a person who shall have carnal knowledge of another read as follows:
person under any of the following circumstances:
"x x x" "Section 5. Child Prostitution and Other Sexual Abuse. - Children,
NOTES: whether male or female, who for money, profit, or any other
d) When the offended party is under sixteen (16) years of age or consideration or due to the coercion or influence of any adult,
is demented, even though none of the circumstances mentioned syndicate or group, indulge in sexual intercourse or lascivious
above be present: Provided, That there shall be no criminal conduct, are deemed to be children exploited in prostitution and
other sexual abuse
liability on the part of a person having carnal knowledge of
."x x x
another person under sixteen (16) years of age when the age
"(a) x x x
difference between the parties is not more than three (3) years, "(b) Those who commit the act of sexual intercourse or lascivious
and the sexual act in question is proven to be consensual, non- conduct with a child exploited in prostitution or subjected to other
abusive, and non-exploitative: Provided, further, That if the victim sexual abuse: Provided, That when the victim is under sixteen (16)
is under thirteen (13) years of age, this exception shall not apply. years of age, the perpetrators shall be prosecuted under Article
"As used in this Act, non-abusive shall mean the absence of 335, paragraph 3, for rape and Article 336 of Act No. 3815, as
undue influence, intimidation, fraudulent machinations, coercion, amended, otherwise known as "The Revised Penal Code", for rape,
threat, physical, sexual, psychological, or mental injury or or lascivious conduct, as the case may be: Provided, That the
maltreatment, either with intention or through neglect, during the penalty for lascivious conduct when the victim is under sixteen (16)
conduct of sexual activities with the child victim.ℒαwρhi৷ On the years of age shall be reclusion temporal in its medium period; and
other hand, non-exploitative shall mean there is no actual or x x x."
attempted act or acts of unfairly taking advantage of the child's
"Section 7. Child Trafficking. - Any person who shall engage in
position of vulnerability, differential power, or trust during the
trading and dealing with children including, but not limited to, the
conduct of sexual activities."
act of buying and selling of a child for money, or for any
consideration, or barter, shall suffer the penalty of reclusion
Section 2. Articles 337 and 338 of Act No. 3815, otherwise temporal to reclusion perpetua. The penalty shall be imposed in its
known as "The Revised Penal Code" are hereby amended to read maximum period when the victim is under sixteen (16) years of age.
as follows: x x x."

"Article 337. Qualified seduction. - The seduction of a minor, "Section 9. Obscene Publications and Indecent Shows. - Any
sixteen and over but under eighteen years of age, committed by person who shall hire, employ, use, persuade, induce, or coerce a
any person in public authority, priest, home-servant, domestic, child to perform in, obscene exhibitions and indecent shows,
guardian, teacher, or any person who, in any capacity, shall be whether live of in video, or model in obscene publications or
pornographic materials, or to sell or distribute the said materials
entrusted with the education or custody of the minor seduced,
shall suffer the penalty of prision mayor in its medium period.
shall be punished by prision correccional in its minimum and
medium periods.
"If the child used as a performer, subject, or seller/distributor is
under eighteen (18) years of age, the penalty shall be imposed in its
"The penalty next higher in degree shall be imposed upon any maximum period.
person who shall seduce his sister or descendant, whether or x x x"
not she be a virgin or over eighteen years of age.

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 "Section 10. Other Acts of Neglect, Abuse, Cruelty or
Exploitation and Other Conditions Prejudicial to the Child's
Development. -
"(a) x x x
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"(b) Any person who shall keep or have in his company a minor (d) “Child at Risk” refers to a child who is vulnerable to and at the
IV. SPECIAL PENAL LAWS sixteen (16) years of age or under or who is ten (10) years or risk of committing criminal offenses because of personal, family and
more his junior in any public or private place, hotel, motel, beer social circumstances, such as, but not limited to, the following:
joint, discotheque, cabaret, pension house, sauna or massage
J. An Act Providing for Stronger Protection (1) being abused by any person through sexual, physical,
parlor, beach, and/or other tourist or similar places shall suffer
Against Rape and Sexual Exploitation and psychological, mental, economic or any other means and the
Abuse, Increasing the Age for Determining the penalty of prision mayor in its maximum period and a fine of
parents or guardian refuse, are unwilling, or unable to provide
the Commission of Statutory Rape (R.A. No. not less that Fifty thousand pesos (P50,000.00): Provided, That
protection for the child;
11648, secs. 1-3) this provision shall not apply to any person who is related within
K. Juvenile Justice and Welfare Act (R.A. fourth degree of consanguinity or affinity or any blood (2) being exploited including sexually or economically;
No. 9344, as amended by R.A. No. 10630, recognized by law, local custom and tradition or acts in the
secs. 4, 6-7, 20 and 38) performance of a social, moral or legal duty. (3) being abandoned or neglected, and after diligent search and
x x x." inquiry, the parent or guardian cannot be found;

NOTES: Republic Act No. 9344 (4) coming from a dysfunctional or broken family or without a parent
or guardian;
AN ACT ESTABLISHING A COMPREHENSIVE JUVENILE JUSTICE
AND WELFARE SYSTEM, CREATING THE JUVENILE JUSTICE AND (5) being out of school;
WELFARE COUNCIL UNDER THE DEPARTMENT OF JUSTICE,
(6) being a streetchild;
APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES
(7) being a member of a gang;
as amended by
(8) living in a community with a high level of criminality or drug
REPUBLIC ACT NO. 10630 abuse; and

AN ACT STRENGTHENING THE JUVENILE JUSTICE SYSTEM IN (9) living in situations of armed conflict.
THE PHILIPPINES, AMENDING FOR THE PURPOSE REPUBLIC ACT
NO. 9344, OTHERWISE KNOWN AS THE “JUVENILE JUSTICE AND (e) “Child in Conflict with the Law” refers to a child who is alleged
WELFARE ACT OF 2006” AND APPROPRIATING FUNDS as, accused of, or adjudged as, having committed an offense under
THEREFOR Philippine laws.

(f) “Community-based Programs” refers to the programs provided in

a community setting developed for purposes of intervention and
SEC. 4. Definition of Terms. – The following terms as used in this
diversion, as well as rehabilitation of the child in conflict with the
Act shall be defined as follows: law, for reintegration into his/her family and/or community.

(a) “Bail” refers to the security given for the release of the (g) “Court” refers to a family court or, in places where there are no
person in custody of the law, furnished by him/her or a family courts, any regional trial court.
bondsman, to guarantee his/her appearance before any court.
Bail may be given in the form of corporate security, property (h) “Deprivation of Liberty” refers to any form of detention or
bond, cash deposit, or recognizance. imprisonment, or to the placement of a child in conflict with the law
in a public or private custodial setting, from which the child in
(b) “Best Interest of the Child” refers to the totality of the conflict with the law is not permitted to leave at will by order of any
judicial or administrative authority.
circumstances and conditions which are most congenial to the
survival, protection and feelings of security of the child and most
(i) “Diversion” refers to an alternative, child-appropriate process of
encouraging to the child’s physical, psychological and emotional
determining the responsibility and treatment of a child in conflict
development. It also means the least detrimental available with the law on the basis of his/her social, cultural, economic,
alternative for safeguarding the growth and development of the psychological or educational background without resorting to formal
child. court proceedings.

(c) “Child” refers to a person under the age of eighteen (18)

years.
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 (j) “Diversion Program” refers to the program that the child in
conflict with the law is required to undergo after he/she is found
responsible for an offense without resorting to formal court
proceedings.
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(s) ‘Bahay Pag-asa’ – refers to a 24-hour child-caring institution
IV. SPECIAL PENAL LAWS (k) “Initial Contact With-the Child” refers to the apprehension or established, funded and managed by local government units
taking into custody of a child in conflict with the law by law (LGUs) and licensed and/or accredited nongovernment
enforcement officers or private citizens. It includes the time organizations (NGOs) providing short-term residential care for
K. Juvenile Justice and Welfare Act (R.A. when the child alleged to be in conflict with the law receives a children in conflict with the law who are above fifteen (15) but
No. 9344, as amended by R.A. No. 10630,
secs. 4, 6-7, 20 and 38) subpoena under Section 3(b) of Rule 112 of the Revised Rules of below eighteen (18) years of age who are awaiting court
Criminal Procedure or summons under Section 6(a) or Section disposition of their cases or transfer to other agencies or
9(b) of the same Rule in cases that do not require preliminary jurisdiction.
investigation or where there is no necessity to place the child
NOTES: alleged to be in conflict with the law under immediate custody. “Part of the features of a ‘Bahay Pag-asa’ is an intensive
juvenile intervention and support center. This will cater to
(I) “Intervention” refers to a series of activities which are children in conflict with the law in accordance with Sections
designed to address issues that caused the child to commit an 20, 20-A and 20-B hereof.
offense. It may take the form of an individualized treatment
program which may include counseling, skills training, education, “A multi-disciplinary team composed of a social worker, a
and other activities that will enhance his/her psychological, psychologist/mental health professional, a medical doctor, an
emotional and psycho-social well-being. educational/guidance counselor and a Barangay Council for the
Protection of Children (BCPC) member shall operate the ‘Bahay
(m) “Juvenile Justice and Welfare System” refers to a system Pag-asa’. The team will work on the individualized intervention
dealing with children at risk and children in conflict with the law, plan with the child and the child’s family.
which provides child-appropriate proceedings, including
programs and services for prevention, diversion, rehabilitation, (t) “Youth Rehabilitation Center” refers to a 24-hour residential
re-integration and aftercare to ensure their normal growth and care facility managed by the Department of Social Welfare and
development. Development (DSWD), LGUs, licensed and/or accredited NGOs
monitored by the DSWD, which provides care, treatment and
(n) “Law Enforcement Officer” refers to the person in authority or rehabilitation services for children in conflict with the law.
his/her agent as defined in Article 152 of the Revised Penal Rehabilitation services are provided under the guidance of a
Code, including a barangay tanod. trained staff where residents are cared for under a structured
therapeutic environment with the end view of reintegrating
(o) “Offense” refers to any act or omission whether punishable them into their families and communities as socially functioning
under special laws or the Revised Penal Code, as amended. individuals. Physical mobility of residents of said centers may
be restricted pending court disposition of the charges against
(p) “Recognizance” refers to an undertaking in lieu of a bond them.
assumed by a parent or custodian who shall be responsible for
the appearance in court of the child in conflict with the law, when (u) “Victimless Crimes” refers to offenses where there is no
required. private offended party.

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

(r) “Status Offenses” refers to offenses which discriminate only

against a child, while an adult does not suffer any penalty for
committing similar acts. These shall include curfew violations;
truancy, parental disobedience and the like.
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 “A child above fifteen (15) years but below eighteen (18) years of
age shall likewise be exempt from criminal liability and be
subjected to an intervention program, unless he/she has acted
with discernment, in which case, such child shall be subjected to
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the appropriate proceedings in accordance with this Act. “The local social welfare and development officer shall
IV. SPECIAL PENAL LAWS determine the appropriate programs for the child who has been
“The exemption from criminal liability herein established does released, in consultation with the child and the person having
not include exemption from civil liability, which shall be enforced custody over the child. If the parents, guardians or nearest
K. Juvenile Justice and Welfare Act (R.A. in accordance with existing laws.” relatives cannot be located, or if they refuse to take custody,
No. 9344, as amended by R.A. No. 10630,
the child may be released to any of the following:
secs. 4, 6-7, 20 and 38)
SEC. 7. Determination of Age. – The child in conflict with the law
shall enjoy the presumption of minority. He/She shall enjoy all “(a) A duly registered nongovernmental or religious organization;

NOTES: the rights of a child in conflict with the law until he/she is proven
to be eighteen (18) years old or older. The age of a child may be “(b) A barangay official or a member of the Barangay Council for
determined from the child’s birth certificate, baptismal the Protection of Children (BCPC);
certificate or any other pertinent documents. In the absence of
these documents, age may be based on information from the “(c) A local social welfare and development officer; or, when and
child himself/herself, testimonies of other persons, the physical where appropriate, the DSWD.
appearance of the child and other relevant evidence. In case of
“If the child has been found by the local social welfare and
doubt as to the age of the child, it shall be resolved in his/her
development officer to be dependent, abandoned, neglected or
favor.
abused by his/her parents and the best interest of the child
requires that he/she be placed in a youth care facility or ‘Bahay
Any person contesting the age of the child in conflict with the
Pag-asa’, the child’s parents or guardians shall execute a written
law prior to the filing of the information in any appropriate court
authorization for the voluntary commitment of the child:
may file a case in a summary proceeding for the determination of
Provided, That if the child has no parents or guardians or if they
age before the Family Court which shall decide the case within
refuse or fail to execute the written authorization for voluntary
twenty-four (24) hours from receipt of the appropriate pleadings
commitment, the proper petition for involuntary commitment
of all interested parties. shall be immediately filed by the DSWD or the Local Social
Welfare and Development Office (LSWDO) pursuant to
If a case has been filed against the child in conflict with the law Presidential Decree No. 603, as amended, otherwise known as
and is pending in the appropriate court, the person shall file a ‘The Child and Youth Welfare Code’ and the Supreme Court rule
motion to determine the age of the child in the same court where on commitment of children: Provided, further, That the minimum
the case is pending. Pending hearing on the said motion, age for children committed to a youth care facility or ‘Bahay
proceedings on the main case shall be suspended. Pag-asa’ shall be twelve (12) years old.”

In all proceedings, law enforcement officers, prosecutors, SEC. 20-A. Serious Crimes Committed by Children Who Are
judges and other government officials concerned shall exert all Exempt From Criminal Responsibility. – A child who is above
efforts at determining the age of the child in conflict with the twelve (12) years of age up to fifteen (15) years of age and who
law. commits parricide, murder, infanticide, kidnapping and serious
illegal detention where the victim is killed or raped, robbery, with
SEC. 20. Children Below the Age of Criminal Responsibility. – If homicide or rape, destructive arson, rape, or carnapping where
it has been determined that the child taken into custody is the driver or occupant is killed or raped or offenses under
fifteen (15) years old or below, the authority which will have an Republic Act No. 9165 (Comprehensive Dangerous Drugs Act of
initial contact with the child, in consultation with the local social 2002) punishable by more than twelve (12) years of
welfare and development officer, has the duty to immediately imprisonment, shall be deemed a neglected child under
release the child to the custody of his/her parents or guardian, Presidential Decree No. 603, as amended, and shall be
or in the absence thereof, the child’s nearest relative. The child mandatorily placed in a special facility within the youth care
shall be subjected to a community-based intervention program faculty or ‘Bahay Pag-asa’ called the Intensive Juvenile
supervised by the local social welfare and development officer, Intervention and Support Center (IJISC).
unless the best interest of the child requires the referral of the
child to a youth care facility or ‘Bahay Pag-asa’ managed by
LGUs or licensed and/or accredited NGOs monitored by the
DSWD.

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 "In accordance with existing laws, rules, procedures and
guidelines, the proper petition for involuntary commitment
and placement under the IJISC shall be filed by the local
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social welfare and development officer of the LGU where
"SEC. 20-C. Exploitation of Children for Commission of
the offense was committed, or by the DSWD social
IV. SPECIAL PENAL LAWS Crimes. – Any person who, in the commission of a crime,
worker in the local social welfare and development
makes use, takes advantage of, or profits from the use
officer’s absence, within twenty-four (24) hours from the
of children, including any person who abuses his/her
K. Juvenile Justice and Welfare Act (R.A. time of the receipt of a report on the alleged commission
No. 9344, as amended by R.A. No. 10630, authority over the child or who, with abuse of
secs. 4, 6-7, 20 and 38) of said child. The court, where the petition for involuntary
confidence, takes advantage of the vulnerabilities of the
commitment has been filed shall decide on the petition
child and shall induce, threaten or instigate the
within seventy-two (72) hours from the time the said
NOTES: commission of the crime, shall be imposed the penalty
petition has been filed by the DSWD/LSWDO. The court
prescribed by law for the crime committed in its
will determine the initial period of placement of the child
maximum period."
within the IJISC which shall not be less than one (1) year.
The multi-disciplinary team of the IJISC will submit to the
"SEC. 20-D. Joint Parental Responsibility. – Based on
court a case study and progress report, to include a
the recommendation of the multi-disciplinary team of
psychiatric evaluation report and recommend the
the IJISC, the LSWDO or the DSWD, the court may
reintegration of the child to his/her family or the
require the parents of a child in conflict with the law to
extension of the placement under the IJISC. The multi-
undergo counseling or any other intervention that, in the
disciplinary team will also submit a report to the court on
opinion of the court, would advance the welfare and
the services extended to the parents and family of the
best interest of the child.
child and the compliance of the parents in the
"As used in this Act, ‘parents’ shall mean any of the
intervention program. The court will decide whether the
following:
child has successfully completed the center-based
"(a) Biological parents of the child; or
intervention program and is already prepared to be
"(b) Adoptive parents of the child; or
reintegrated with his/her family or if there is a need for
"(c) Individuals who have custody of the child.
the continuation of the center-based rehabilitation of the
"A court exercising jurisdiction over a child in conflict
child. The court will determine the next period of
with the law may require the attendance of one or both
assessment or hearing on the commitment of the child."
parents of the child at the place where the proceedings
are to be conducted.
"SEC. 20-B. Repetition of Offenses. – A child who is
"The parents shall be liable for damages unless they
above twelve (12) years of age up to fifteen (15) years of
prove, to the satisfaction of the court, that they were
age and who commits an offense for the second time or
exercising reasonable supervision over the child at the
oftener: Provided, That the child was previously subjected
time the child committed the offense and exerted
to a community-based intervention program, shall be
reasonable effort and utmost diligence to prevent or
deemed a neglected child under Presidential Decree No.
discourage the child from committing another offense."
603, as amended, and shall undergo an intensive
intervention program supervised by the local social
"SEC. 20-E. Assistance to Victims of Offenses
welfare and development officer: Provided, further, That,
Committed by Children. – The victim of the offense
if the best interest of the child requires that he/she be
committed by a child and the victim’s family shall be
placed in a youth care facility or ‘Bahay Pag-asa’, the
provided the appropriate assistance and psychological
child’s parents or guardians shall execute a written
intervention by the LSWDO, the DSWD and other
authorization for the voluntary commitment of the child:
concerned agencies."
Provided, finally, That if the child has no parents or
guardians or if they refuse or fail to execute the written
authorization for voluntary commitment, the proper
petition for involuntary commitment shall be immediately
filed by the DSWD or the LSWDO pursuant to Presidential
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Criminal Law
 SEC. 38. Automatic Suspension of Sentence. - Once the
child who is under eighteen (18) years of age at the time
of the commission of the offense is found guilty of the
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offense charged, the court shall determine and ascertain
any civil liability which may have resulted from the
IV. SPECIAL PENAL LAWS
offense committed. However, instead of pronouncing the
judgment of conviction, the court shall place the child in
K. Juvenile Justice and Welfare Act (R.A. conflict with the law under suspended sentence, without
No. 9344, as amended by R.A. No. 10630,
secs. 4, 6-7, 20 and 38) need of application: Provided, however, That suspension
of sentence shall still be applied even if the juvenile is
already eighteen years (18) of age or more at the time of
NOTES: the pronouncement of his/her guilt.

Upon suspension of sentence and after considering the

various chcumstances of the child, the court shall impose
the appropriate disposition measures as provided in the
Supreme Court Rule on Juveniles in Conflict with the Law.

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