Republic of the Philippines perpetua or life imprisonment by reason of this

Congress of the Philippines Act who are being considered or recommend for
Metro Manila commutation or pardon; Provided, however,
That nothing herein shall limit the power of the
Thirteenth Congress
President to grant executive clemency under
Second Regular Session
Section 19, Article VII of the Constitutions.

SEC. 5. This Act shall take effect immediately

Begun and held in Metro Manila, on Monday, the
after its publication in two national newspapers
twenty-fifth day of July, two thousand and five.
of general circulation.
Republic Act No. 9346 Approved: June 24, 2006
June 24, 2006
AN ACT PROHIBITING THE IMPOSITION OF
DEATH PENALTY IN THE PHILIPPINES
Be it enacted by the Senate and House of
Representatives of the Philippines in Congress
assembled:
SECTION 1. The imposition of the penalty of
death is hereby prohibited. Accordingly, Republic
Act No. Eight Thousand One Hundred Seventy-
Seven (R.A. No. 8177), otherwise known as the
Act Designating Death by Lethal Injection is
hereby repealed. Republic Act No. Seven
Thousand Six Hundred Fifty-Nine (R.A. No.
7659), otherwise known as the Death Penalty
Law, and all other laws, executive orders and
decrees, insofar as they impose the death
penalty are hereby repealed or amended
accordingly.
SEC. 2.In lieu of the death penalty, the following
shall be imposed.
(a) the penalty of reclusion perpetua,
when the law violated makes use of the
nomenclature of the penalties of the
Revised Penal Code; or
(b) the penalty of life imprisonment,
when the law violated does not make
use of the nomenclature of the penalties
of the Revised Penal Code. Republic of the Philippines
SEC. 3. Person convicted of offenses punished Congress of the Philippines
withreclusion perpetua, or whose sentences will Metro Manila
be reduced to reclusion perpetua, by reason of Thirteenth Congress
this Act, shall not be eligible for parole under Act Second Regular Session
No. 4180, otherwise known as the Indeterminate
Sentence Law, as amended. Begun and held in Metro Manila, on Monday, the
twenty-fifth day of July, two thousand and five.
SEC. 4.The Board of Pardons and Parole shall
cause the publication at least one a week for Republic Act No. 9344
three consecutive weeks in a newspaper of
AN ACT ESTABLISHING A COMPREHENSIVE
general circulation of the names of persons
J U V E N I L E J U S T I C E A N D W E L FA R E
convicted of offenses punished with reclusion

1
S Y S T E M , C R E AT I N G THE JUVENILE other conditions prejudicial to their
JUSTICE AND WELFARE COUNCIL UNDER development.
T H E D E PA R T M E N T OF JUSTICE, (d) Pursuant to Article 40 of the United
APPROPRIATING FUNDS THEREFOR AND Nations Convention on the Rights of the
FOR OTHER PURPOSES Child, the State recognizes the right of
Be it enacted by the Senate and House of every child alleged as, accused of,
Representatives of the Philippines in Congress adjudged, or recognized as having
assembled: infringed the penal law to be treated in a
manner consistent with the promotion of
TITLE I
the child's sense of dignity and worth,
GOVERNING PRINCIPLES
taking into account the child's age and
CHAPTER 1 desirability of promoting his/her
TITLE, POLICY AND DEFINITION OF TERMS reintegration. Whenever appropriate and
Section 1. Short Title and Scope. - This Act desirable, the State shall adopt
shall be known as the "Juvenile Justice and measures for dealing with such children
Welfare Act of 2006."It shall cover the different without resorting to judicial proceedings,
stages involving children at risk and children in providing that human rights and legal
conflict with the law from prevention to safeguards are fully respected. It shall
rehabilitation and reintegration. ensure that children are dealt with in a
manner appropriate to their well-being
SEC. 2. Declaration of State Policy. - The by providing for, among others, a variety
following State policies shall be observed at all of disposition measures such as care,
times: guidance and supervision orders,
(a) The State recognizes the vital role of counseling, probation, foster care,
children and youth in nation building and education and vocational training
shall promote and protect their physical, programs and other alternatives to
moral, spiritual, intellectual and social institutional care.
well-being. It shall inculcate in the youth (e) The administration of the juvenile
patriotism and nationalism, and justice and welfare system shall take
encourage their involvement in public into consideration the cultural and
and civic affairs. religious perspectives of the Filipino
(b) The State shall protect the best people, particularly the indigenous
interests of the child through measures peoples and the Muslims, consistent
that will ensure the observance of with the protection of the rights of
international standards of child children belonging to these
protection, especially those to which the communities.
Philippines is a party. Proceedings (f) The State shall apply the principles of
before any authority shall be conducted restorative justice in all its laws, policies
in the best interest of the child and in a and programs applicable to children in
manner which allows the child to conflict with the law.
participate and to express himself/
herself freely. The participation of SEC. 3. Liberal Construction of this Act. - In
children in the program and policy case of doubt, the interpretation of any of the
formulation and implementation related provisions of this Act, including its implementing
to juvenile justice and welfare shall be rules and regulations (IRRs), shall be construed
ensured by the concerned government liberally in favor of the child in conflict with the
agency. law.

(c) The State likewise recognizes the SEC. 4. Definition of Terms. - The following
right of children to assistance, including terms as used in this Act shall be defined as
proper care and nutrition, and special follows:
protection from all forms of neglect, (a) "Bail" refers to the security given for
abuse, cruelty and exploitation, and the release of the person in custody of

2
the law, furnished by him/her or a (e) "Child in Conflict with the Law" refers
bondsman, to guarantee his/her to a child who is alleged as, accused of,
appearance before any court. Bail may or adjudged as, having committed an
be given in the form of corporate offense under Philippine laws.
security, property bond, cash deposit, or (f) "Community-based Programs" refers
recognizance. to the programs provided in a
(b) "Best Interest of the Child" refers to community setting developed for
the totality of the circumstances and purposes of intervention and diversion,
conditions which are most congenial to as well as rehabilitation of the child in
the survival, protection and feelings of conflict with the law, for reintegration
security of the child and most into his/her family and/or community.
encouraging to the child's physical, (g) "Court" refers to a family court or, in
psychological and emotional places where there are no family courts,
development. It also means the least any regional trial court.
detrimental available alternative for
safeguarding the growth and (h) "Deprivation of Liberty" refers to any
development of the child. form of detention or imprisonment, or to
the placement of a child in conflict with
(e) "Child" refers to a person under the the law in a public or private custodial
age of eighteen (18) years. setting, from which the child in conflict
(d) "Child at Risk" refers to a child who with the law is not permitted to leave at
is vulnerable to and at the risk of will by order of any judicial or
committing criminal offenses because of administrative authority.
personal, family and social (i) "Diversion" refers to an alternative,
circumstances, such as, but not limited child-appropriate process of determining
to, the following: the responsibility and treatment of a
(1) being abused by any person child in conflict with the law on the basis
through sexual, physical, of his/her social, cultural, economic,
psychological, mental, economic psychological or educational
or any other means and the background without resorting to formal
parents or guardian refuse, are court proceedings.
unwilling, or unable to provide (j) "Diversion Program" refers to the
protection for the child; program that the child in conflict with the
(2) being exploited including law is required to undergo after he/she
sexually or economically; is found responsible for an offense
without resorting to formal court
(3) being abandoned or
proceedings.
neglected, and after diligent
search and inquiry, the parent or (k) "Initial Contact With-the Child" refers
guardian cannot be found; to the apprehension or taking into
custody of a child in conflict with the law
(4) coming from a dysfunctional
by law enforcement officers or private
or broken family or without a
citizens. It includes the time when the
parent or guardian;
child alleged to be in conflict with the
(5) being out of school; law receives a subpoena under Section
(6) being a streetchild; 3(b) of Rule 112 of the Revised Rules of
Criminal Procedure or summons under
(7) being a member of a gang; Section 6(a) or Section 9(b) of the same
(8) living in a community with a Rule in cases that do not require
high level of criminality or drug preliminary investigation or where there
abuse; and is no necessity to place the child alleged
to be in conflict with the law under
(9) living in situations of armed
immediate custody.
conflict.

3
(I) "Intervention" refers to a series of truancy, parental disobedience and the
activities which are designed to address like.
issues that caused the child to commit (s) "Youth Detention Home" refers to a
an offense. It may take the form of an 24-hour child-caring institution managed
individualized treatment program which by accredited local government units
may include counseling, skills training, (LGUs) and licensed and/or accredited
education, and other activities that will nongovernment organizations (NGOs)
enhance his/her psychological, providing short-term residential care for
emotional and psycho-social well-being. children in conflict with the law who are
(m) "Juvenile Justice and Welfare awaiting court disposition of their cases
System" refers to a system dealing with or transfer to other agencies or
children at risk and children in conflict jurisdiction.
with the law, which provides child- (t) "Youth Rehabilitation Center" refers
appropriate proceedings, including to a 24-hour residential care facility
programs and services for prevention, managed by the Department of Social
diversion, rehabilitation, re-integration Welfare and Development (DSWD),
and aftercare to ensure their normal LGUs, licensed and/or accredited NGOs
growth and development. monitored by the DSWD, which provides
(n) "Law Enforcement Officer" refers to care, treatment and rehabilitation
the person in authority or his/her agent services for children in conflict with the
as defined in Article 152 of the Revised law. Rehabilitation services are provided
Penal Code, including a barangay under the guidance of a trained staff
tanod. where residents are cared for under a
structured therapeutic environment with
(0) "Offense" refers to any act or
the end view of reintegrating them into
omission whether punishable under
their families and communities as
special laws or the Revised Penal Code,
socially functioning individuals. Physical
as amended.
mobility of residents of said centers may
(p) "Recognizance" refers to an be restricted pending court disposition of
undertaking in lieu of a bond assumed the charges against them.
by a parent or custodian who shall be
(u) "Victimless Crimes" refers to
responsible for the appearance in court
offenses where there is no private
of the child in conflict with the law, when
offended party.
required.
CHAPTER 2
(q) "Restorative Justice" refers to a
PRINCIPLES IN THE ADMINISTRATION OF
principle which requires a process of
JUVENILE JUSTICE AND WELFARE
resolving conflicts with the maximum
involvement of the victim, the offender SEC. 5. Rights of the Child in Conflict with
and the community. It seeks to obtain the Law. - Every child in conflict with the law
reparation for the victim; reconciliation of shall have the following rights, including but not
the offender, the offended and the limited to:
community; and reassurance to the (a) the right not to be subjected to
offender that he/she can be reintegrated torture or other cruel, inhuman or
into society. It also enhances public degrading treatment or punishment;
safety by activating the offender, the
victim and the community in prevention (b) the right not to be imposed a
strategies. sentence of capital punishment or life
imprisonment, without the possibility of
(r) "Status Offenses" refers to offenses release;
which discriminate only against a child,
while an adult does not suffer any (c) the right not to be deprived,
penalty for committing similar acts. unlawfully or arbitrarily, of his/her liberty;
These shall include curfew violations; detention or imprisonment being a

4
disposition of last resort, and which shall the imposition of fine being preferred as
be for the shortest appropriate period of the more appropriate penalty;
time; (I) in general, the right to automatic
(d) the right to be treated with humanity suspension of sentence;
and respect, for the inherent dignity of (m) the right to probation as an
the person, and in a manner which alternative to imprisonment, if qualified
takes into account the needs of a under the Probation Law;
person of his/her age. In particular, a
child deprived of liberty shall be (n) the right to be free from liability for
separated from adult offenders at all p e r j u r y, c o n c e a l m e n t o r
times. No child shall be detained misrepresentation; and
together with adult offenders. He/She (o) other rights as provided for under
shall be conveyed separately to or from existing laws, rules and regulations.
court. He/She shall await hearing of his/
her own case in a separate holding The State further adopts the provisions of the
area. A child in conflict with the law shall United Nations Standard Minimum Rules for the
have the right to maintain contact with Administration of Juvenile Justice or "Beijing
his/her family through correspondence Rules", United Nations Guidelines for the
and visits, save in exceptional Prevention of Juvenile Delinquency or the
circumstances; "Riyadh Guidelines", and the United Nations
Rules for the Protection of Juveniles Deprived of
(e) the right to prompt access to legal Liberty.
and other appropriate assistance, as
well as the right to challenge the legality S E C . 6 . M i n i m u m A g e o f C r i m i n a l
of the deprivation of his/her liberty Responsibility. - A child fifteen (15) years of
before a court or other competent, age or under at the time of the commission of
independent and impartial authority, and the offense shall be exempt from criminal
to a prompt decision on such action; liability. However, the child shall be subjected to
an intervention program pursuant to Section 20
(f) the right to bail and recognizance, in of this Act.
appropriate cases;
A child above fifteen (15) years but below
(g) the right to testify as a witness in hid/ eighteen (18) years of age shall likewise be
her own behalf under the rule on exempt from criminal liability and be subjected to
examination of a child witness; an intervention program, unless he/she has
(h) the right to have his/her privacy acted with discernment, in which case, such
respected fully at all stages of the child shall be subjected to the appropriate
proceedings; proceedings in accordance with this Act.
(i) the right to diversion if he/she is The exemption from criminal liability herein
qualified and voluntarily avails of the established does not include exemption from
same; civil liability, which shall be enforced in
accordance with existing laws.
(j) the right to be imposed a judgment in
proportion to the gravity of the offense SEC. 7. Determination ofAge. - The child in
where his/her best interest, the rights of conflict with the law shall enjoy the presumption
the victim and the needs of society are of minority. He/She shall enjoy all the rights of a
all taken into consideration by the court, child in conflict with the law until he/she is
under the principle of restorative justice; proven to be eighteen (18) years old or older.
The age of a child may be determined from the
(k) the right to have restrictions on his/ child's birth certificate, baptismal certificate or
her personal liberty limited to the any other pertinent documents. In the absence
minimum, and where discretion is given of these documents, age may be based on
by law to the judge to determine information from the child himself/herself,
whether to impose fine or imprisonment, testimonies of other persons, the physical
appearance of the child and other relevant

5
evidence. In case of doubt as to the age of the (i) Bureau of Jail Management and
child, it shall be resolved in his/her favor. Penology (BJMP);
Any person contesting the age of the child in (i) Commission on Human Rights
conflict with the law prior to the filing of the (CHR);
information in any appropriate court may file a (k) Technical Education and Skills
case in a summary proceeding for the Development Authority (TESDA);
determination of age before the Family Court
which shall decide the case within twenty-four (l) National Youth Commission (NYC);
(24) hours from receipt of the appropriate and
pleadings of all interested parties. (m) Other institutions focused on
If a case has been fiied against the child in juvenile justice and intervention
conflict with the law and is pending in the programs.
appropriate court, the person shall file a motion The JJWC shall be composed of
to determine the age of the child in the same representatives, whose ranks shall not be lower
court where the case is pending. Pending than director, to be designated by the concerned
hearing on the said motion, proceedings on the heads of the following departments or agencies:
main case shall be suspended.
(a) Department of Justice (DOJ);
In all proceedings, law enforcement officers,
prosecutors, judges and other government (b) Department of Social Welfare and
officials concerned shall exert all efforts at Development (DSWD);
determining the age of the child in conflict with (c) Council for the Welfare of Children
the law. (CWC)
(d) Department of Education (DepEd);
TITLE II (e) Department of the Interior and Local
STRUCTURES IN THE ADMINISTRATION OF Government (DILG)
JUVENILE JUSTICE AND WELFARE
(f) Commission on Human Rights
SEC. 8.Juvenile Justice and Welfare Council (CHR);
(JJWC). - A Juvenile Justice and Welfare
(g) National Youth Commission (NYC);
Council (JJWC) is hereby created and attached
and
to the Department of Justice and placed under
its administrative supervision. The JJWC shall (h) Two (2) representatives from NGOs,
be chaired by an undersecretary of the one to be designated by the Secretary
Department of Social Welfare and Development. of Justice and the other to be
It shall ensure the effective implementation of designated by the Secretary of Social
this Act and coordination among the following Welfare and Development.
agencies: The JJWC shall convene within fifteen (15) days
(a) Council for the Welfare of Children from the effectivity of this Act. The Secretary of
(CWC); Justice and the Secretary of Social Welfare and
Development shall determine the organizational
(b) Department of Education (DepEd);
structure and staffing pattern of the JJWC.
(c) Department of the Interior and Local
The JJWC shall coordinate with the Office of the
Government (DILG);
Court Administrator and the Philippine Judicial
(d) Public Attorney's Office (PAO); Academy to ensure the realization of its
(e) Bureau of Corrections (BUCOR); mandate and the proper discharge of its duties
and functions, as herein provided.
(f) Parole and Probation Administration
(PPA) SEC. 9.Duties and Functions of the JJWC.-
The JJWC shall have the following duties and
(g) National Bureau of Investigation functions:
(NBI);
(h) Philippine National Police (PNP);.

6
(a) To oversee the implementation of The data gathered shall be used by the
this Act; JJWC in the improvement of the
administration of juvenile justice and
(b) To advise the President on all
welfare system.
matters and policies relating to juvenile
justice and welfare; The JJWC shall set up a mechanism to
ensure that children are involved in
(c) To assist the concerned agencies in
research and policy development.
the review and redrafting of existing
policies/regulations or in the formulation (h) Through duly designated persons
of new ones in line with the provisions of and with the assistance of the agencies
this Act; provided in the preceding section, to
conduct regular inspections in detention
( d ) To p e r i o d i c a l l y d e v e l o p a
and rehabilitation facilities and to
comprehensive 3 to 5-year national
undertake spot inspections on their own
juvenile intervention program, with the
initiative in order to check compliance
participation of government agencies
with the standards provided herein and
concerned, NGOs and youth
to make the necessary
organizations;
r e c o m m e n d a ti o n s to a p p r o p r i a te
(e) To coordinate the implementation of agencies;
the juvenile intervention programs and
(i) To initiate and coordinate the conduct
activities by national government
of trainings for the personnel of the
agencies and other activities which may
agencies involved in the administration
have an important bearing on the
of the juvenile justice and welfare
success of the entire national juvenile
system and the juvenile intervention
intervention program. All programs
program;
relating to juvenile justice and welfare
shall be adopted in consultation with the (j) To submit an annual report to the
JJWC; President on the implementation of this
Act; and
(f) To formulate and recommend policies
and strategies in consultation with (k) To perform such other functions as
children for the prevention of juvenile may be necessary to implement the
delinquency and the administration of provisions of this Act.
justice, as well as for the treatment and SEC. 10. Policies and Procedures on
rehabilitation of the children in conflict Juvenile Justice and Welfare.- All government
with the law; agencies enumerated in Section 8 shall, with the
(g) To collect relevant information and assistance of the JJWC and within one (1) year
conduct continuing research and from the effectivity of this Act, draft policies and
support evaluations and studies on all procedures consistent with the standards set in
matters relating to juvenile justice and the law. These policies and procedures shall be
welfare, such as but not limited to: modified accordingly in consultation with the
JJWC upon the completion of the national
(1) the performance and results
juvenile intervention program as provided under
achieved by juvenile
Section 9 (d).
intervention programs and by
activities of the local SEC. 11. Child Rights Center (CRC). - The
government units and other existing Child Rights Center of the Commission
government agencies; on Human Rights shall ensure that the status,
rights and interests of children are upheld in
(2) the periodic trends, problems
accordance with the Constitution and
and causes of juvenile
international instruments on human rights. The
delinquency and crimes; and
CHR shall strengthen the monitoring of
(3) the particular needs of government compliance of all treaty obligations,
children in conflict with the law including the timely and regular submission of
in custody. reports before the treaty bodies, as well as the

7
implementation and dissemination of Children (LCPC) shall be established in all levels
recommendations and conclusions by of local government, and where they have
government agencies as well as NGOs and civil already been established, they shall be
society. strengthened within one (1) year from the
effectivity of this Act. Membership in the LCPC

shall be chosen from among the responsible

members of the community, including a
TITLE III representative from the youth sector, as well as
PREVENTION OF JUVENILE DELINQUENCY representatives from government and private
CHAPTER 1 agencies concerned with the welfare of children.
THE ROLE OF THE DIFFERENT SECTORS The local council shall serve as the primary
SEC. 12. The Family. - The family shall be agency to coordinate with and assist the LGU
responsible for the primary nurturing and rearing concerned for the adoption of a comprehensive
of children which is critical in delinquency plan on delinquency prevention, and to oversee
prevention. As far as practicable and in its proper implementation.
accordance with the procedures of this Act, a One percent (1%) of the internal revenue
child in conflict with the law shall be maintained allotment of barangays, municipalities and cities
in his/her family. shall be allocated for the strengthening and
SEC. 13. The Educational System. - implementation of the programs of the LCPC:
Educational institutions shall work together with Provided, That the disbursement of the fund
families, community organizations and agencies shall be made by the LGU concerned.
in the prevention of juvenile delinquency and in SEC. 16. Appointment of Local Social
the rehabilitation and reintegration of child in Welfare and Development Officer. - All LGUs
conflict with the law. Schools shall provide shall appoint a duly licensed social worker as its
adequate, necessary and individualized local social welfare and development officer
educational schemes for children manifesting tasked to assist children in conflict with the law.
difficult behavior and children in conflict with the
SEC. 17. The Sangguniang Kabataan. - The
law. In cases where children in conflict with the
Sangguniang Kabataan (SK) shall coordinate
law are taken into custody or detained in
with the LCPC in the formulation and
rehabilitation centers, they should be provided
implementation of juvenile intervention and
the opportunity to continue learning under an
diversion programs in the community.
alternative learning system with basic literacy
program or non- formal education accreditation CHAPTER 2
equivalency system. COMPREHENSIVE JUVENILE
INTERVENTION PROGRAM
SEC. 14. The Role of the Mass Media. - The
mass media shall play an active role in the SEC. 18. Development of a Comprehensive
promotion of child rights, and delinquency J u v e n i l e I n t e r v e n t i o n P r o g r a m . - A
prevention by relaying consistent messages Comprehensive juvenile intervention program
through a balanced approach. Media covering at least a 3-year period shall be
practitioners shall, therefore, have the duty to instituted in LGUs from the barangay to the
maintain the highest critical and professional provincial level.
standards in reporting and covering cases of The LGUs shall set aside an amount necessary
children in conflict with the law. In all publicity to implement their respective juvenile
concerning children, the best interest of the child intervention programs in their annual budget.
should be the primordial and paramount
concern. Any undue, inappropriate and The LGUs, in coordination with the LCPC, shall
sensationalized publicity of any case involving a call on all sectors concerned, particularly the
child in conflict with the law is hereby declared a child-focused institutions, NGOs, people's
violation of the child's rights. organizations, educational institutions and
government agencies involved in delinquency
SEC. 15.Establishment and Strengthening of prevention to participate in the planning process
Local Councils for the Protection of and implementation of juvenile intervention
Children. - Local Councils for the Protection of

8
programs. Such programs shall be implemented child may be released to any of the following: a
consistent with the national program formulated duly registered nongovernmental or religious
and designed by the JJWC. The implementation organization; a barangay official or a member of
of the comprehensive juvenile intervention the Barangay Council for the Protection of
program shall be reviewed and assessed Children (BCPC); a local social welfare and
annually by the LGUs in coordination with the development officer; or when and where
LCPC. Results of the assessment shall be appropriate, the DSWD. If the child referred to
submitted by the provincial and city herein has been found by the Local Social
governments to the JJWC not later than March Welfare and Development Office to be
30 of every year. abandoned, neglected or abused by his parents,
or in the event that the parents will not comply
SEC. 19. Community-based Programs on
with the prevention program, the proper petition
Juvenile Justice and Welfare. - Community-
for involuntary commitment shall be filed by the
based programs on juvenile justice and welfare
DSWD or the Local Social Welfare and
shall be instituted by the LGUs through the
Development Office pursuant to Presidential
LCPC, school, youth organizations and other
Decree No. 603, otherwise ,known as "The Child
concerned agencies. The LGUs shall provide
and Youth Welfare Code".
community-based services which respond to the
special needs, problems, interests and concerns
of children and which offer appropriate TITLE V
counseling and guidance to them and their JUVENILE JUSTICE AND WELFARE SYSTEM
families. These programs shall consist of three
levels: CHAPTER I
INITIAL CONTACT WITH THE CHILD
(a) Primary intervention includes general
measures to promote social justice and SEC. 21.Procedure for Taking the Child into
e q u a l o p p o r t u n i t y, w h i c h t a c k l e Custody. - From the moment a child is taken
perceived root causes of offending; into custody, the law enforcement officer shall:
(b) Secondary intervention includes (a) Explain to the child in simple
measures to assist children at risk; and language and in a dialect that he/she
can understand why he/she is being
(c) Tertiary intervention includes placed under custody and the offense
measures to avoid unnecessary contact that he/she allegedly committed;
with the formal justice system and other
measures to prevent re-offending. (b) Inform the child of the reason for
such custody and advise the child of his/
her constitutional rights in a language or
TITLE IV dialect understood by him/her;
TREATMENT OF CHILDREN BELOW THE (e) Properly identify himself/herself and
AGE OF CRIMINAL RESPONSIBILITY present proper identification to the child;
SEC. 20.Children Below the Age of Criminal (d) Refrain from using vulgar or profane
Responsibility. - If it has been determined that words and from sexually harassing or
the child taken into custody is fifteen (15) years abusing, or making sexual advances on
old or below, the authority which will have an the child in conflict with the law;
initial contact with the child has the duty to
immediately release the child to the custody of (e) Avoid displaying or using any
his/her parents or guardian, or in the absence firearm, weapon, handcuffs or other
thereof, the child's nearest relative. Said instruments of force or restraint, unless
authority shall give notice to the local social absolutely necessary and only after all
welfare and development officer who will other methods of control have been
determine the appropriate programs in exhausted and have failed;
consultation with the child and to the person (f) Refrain from subjecting the child in
having custody over the child. If the parents, conflict with the law to greater restraint
guardians or nearest relatives cannot be
located, or if they refuse to take custody, the

9
than is necessary for his/her (m) Ensure that all statements signed by
apprehension; the child during investigation shall be
witnessed by the child's parents or
(g) Avoid violence or unnecessary force;
guardian, social worker, or legal counsel
(h) Determine the age of the child in attendance who shall affix his/her
pursuant to Section 7 of this Act; signature to the said statement.
(i) Immediately but not later than eight A child in conflict with the law shall only be
(8) hours after apprehension, turn over searched by a law enforcement officer of the
custody of the child to the Social same gender and shall not be locked up in a
Welfare and Development Office or detention cell.
other accredited NGOs, and notify the
SEC. 22.Duties During Initial Investigation.-
child's apprehension. The social welfare
The law enforcement officer shall, in his/her
and development officer shall explain to
investigation, determine where the case
the child and the child's parents/
involving the child in conflict with the law should
guardians the consequences of the
be referred.
child's act with a view towards
counseling and rehabilitation, diversion The taking of the statement of the child shall be
from the criminal justice system, and conducted in the presence of the following: (1)
reparation, if appropriate; child's counsel of choice or in the absence
thereof, a lawyer from the Public Attorney's
(j) Take the child immediately to the
Office; (2) the child's parents, guardian, or
proper medical and health officer for a
nearest relative, as the case may be; and (3) the
thorough physical and mental
local social welfare and development officer. In
examination. The examination results
the absence of the child's parents, guardian, or
shall be kept confidential unless
nearest relative, and the local social welfare and
otherwise ordered by the Family Court.
development officer, the investigation shall be
Whenever the medical treatment is
conducted in the presence of a representative of
required, steps shall be immediately
an NGO, religious group, or member of the
undertaken to provide the same;
BCPC.
(k) Ensure that should detention of the
After the initial investigation, the local social
child in conflict with the law be
worker conducting the same may do either of
necessary, the child shall be secured in
the following:
quarters separate from that of the
opposite sex and adult offenders; (a) Proceed in accordance with Section
20 if the child is fifteen (15) years or
(l) Record the following in the initial
below or above fifteen (15) but below
investigation:
eighteen (18) years old, who acted
1. Whether handcuffs or other without discernment; and
instruments of restraint were
(b) If the child is above fifteen (15) years
used, and if so, the reason for
old but below eighteen (18) and who
such;
acted with discernment, proceed to
2. That the parents or guardian diversion under the following chapter.
of a child, the DSWD, and the
PA0 have been informed of the
apprehension and the details CHAPTER 2
thereof; and DIVERSION
3. The exhaustion of measures SEC. 23. System of Diversion. - Children in
to determine the age of a child conflict with the law shall undergo diversion
and the precise details of the programs without undergoing court proceedings
physical and medical subject to the conditions herein provided:
examination or the failure to (a) Where the imposable penalty for the
submit a child to such crime committee is not more than six (6)
examination; and

10
 years imprisonment, the law parties concerned and the appropriate
e n f o r c e m e n t o f fi c e r o r P u n o n g authorities. The local social welfare and
Barangay with the assistance of the development officer shall supervise the
local social welfare and development implementation of the diversion program. The
officer or other members of the LCPC diversion proceedings shall be completed within
shall conduct mediation, family forty-five (45) days. The period of prescription of
conferencing and conciliation and, the offense shall be suspended until the
where appropriate, adopt indigenous completion of the diversion proceedings but not
m o d e s o f c o n fl i c t r e s o l u t i o n i n to exceed forty-five (45) days.
accordance with the best interest of the The child shall present himself/herself to the
child with a view to accomplishing the competent authorities that imposed the diversion
objectives of restorative justice and the program at least once a month for reporting and
formulation of a diversion program. The evaluation of the effectiveness of the program.
child and his/her family shall be present
in these activities. Failure to comply with the terms and conditions
of the contract of diversion, as certified by the
(b) In victimless crimes where the local social welfare and development officer,
imposable penalty is not more than six shall give the offended party the option to
(6) years imprisonment, the local social institute the appropriate legal action.
welfare and development officer shall
meet with the child and his/her parents The period of prescription of the offense shall be
or guardians for the development of the suspended during the effectivity of the diversion
appropriate diversion and rehabilitation program, but not exceeding a period of two (2)
program, in coordination with the BCPC; years.
(c) Where the imposable penalty for the SEC. 27.Duty of the Punong Barangay When
crime committed exceeds six (6) years There is No Diversion.- If the offense does not
imprisonment, diversion measures may fall under Section 23(a) and (b), or if the child,
be resorted to only by the court. his/her parents or guardian does not consent to
a diversion, the Punong Barangay handling the
SEC. 24. Stages Where Diversion May be case shall, within three (3) days from
Conducted. - Diversion may be conducted at determination of the absence of jurisdiction over
the Katarungang Pambarangay, the police the case or termination of the diversion
investigation or the inquest or preliminary proceedings, as the case may be, forward the
investigation stage and at all 1evels and phases records of the case of the child to the law
of the proceedings including judicial level. enforcement officer, prosecutor or the
SEC. 25. Conferencing, Mediation and appropriate court, as the case may be. Upon the
Conciliation. - A child in conflict with law may issuance of the corresponding document,
undergo conferencing, mediation or conciliation certifying to the fact that no agreement has been
outside the criminal justice system or prior to his reached by the parties, the case shall be filed
entry into said system. A contract of diversion according to the regular process.
may be entered into during such conferencing, SEC. 28. Duty of the Law Enforcement
mediation or conciliation proceedings. Officer When There is No Diversion. - If the
SEC. 26.Contract of Diversion.- If during the offense does not fall under Section 23(a) and
conferencing, mediation or conciliation, the child (b), or if the child, his/her parents or guardian
voluntarily admits the commission of the act, a does not consent to a diversion, the Women and
diversion program shall be developed when Children Protection Desk of the PNP, or other
appropriate and desirable as determined under law enforcement officer handling the case of the
Section 30. Such admission shall not be used child under custody, to the prosecutor or judge
against the child in any subsequent judicial, concerned for the conduct of inquest and/or
quasi-judicial or administrative proceedings. The preliminary investigation to determine whether or
diversion program shall be effective and binding not the child should remain under custody and
if accepted by the parties concerned. The correspondingly charged in court. The document
acceptance shall be in writing and signed by the

11
transmitting said records shall display the word (2) Reparation of the damage
"CHILD" in bold letters. caused;
SEC. 29. Factors in Determining Diversion ( 3 ) I n d e m n i fi c a t i o n f o r
Program. - In determining whether diversion is consequential damages;
appropriate and desirable, the following factors (4) Written or oral apology;
shall be taken into consideration:
(5) Care, guidance and
(a) The nature and circumstances of the supervision orders;
offense charged;
(6) Counseling for the child in
(b) The frequency and the severity of the conflict with the law and the
act; child's family;
(c) The circumstances of the child (e.g. (7)Attendance in trainings,
age, maturity, intelligence, etc.); seminars and lectures on:
(d) The influence of the family and (i) anger management
environment on the growth of the child; skills;
(e) The reparation of injury to the victim; (ii) problem solving and/
(f) The weight of the evidence against or conflict resolution
the child; skills;
(g) The safety of the community; and (iii) values formation;
and
(h) The best interest of the child.
(iv) other skills which
SEC. 30. Formulation of the Diversion
will aid the child in
Program. - In formulating a diversion program,
dealing with situations
the individual characteristics and the peculiar
which can lead to
circumstances of the child in conflict with the law
repetition of the offense;
shall be used to formulate an individualized
treatment. (8) Participation in available
community-based programs,
The following factors shall be considered in
including community service; or
formulating a diversion program for the child:
(9) Participation in education,
(a) The child's feelings of remorse for
vocation and life skills
the offense he/she committed;
programs.
(b) The parents' or legal guardians'
(b) At the level of the law enforcement
ability to guide and supervise the child;
officer and the prosecutor:
(c) The victim's view about the propriety
(1) Diversion programs specified
of the measures to be imposed; and
under paragraphs (a)(1) to (a)
(d) The availability of community-based (9) herein; and
programs for rehabilitation and
(2) Confiscation and forfeiture of
reintegration of the child.
the proceeds or instruments of
SEC. 31.Kinds of Diversion Programs.- The the crime;
diversion program shall include adequate socio-
(c) At the level of the appropriate court:
cultural and psychological responses and
services for the child. At the different stages (1) Diversion programs specified
where diversion may be resorted to, the under paragraphs(a)and (b)
following diversion programs may be agreed above;
upon, such as, but not limited to: (2) Written or oral reprimand or
(a) At the level of the Punong Barangay: citation;
(1) Restitution of property; (3) Fine:

12
 (4) Payment of the cost of the (b) the release of the child in conflict
proceedings; or with the law on bail; or
(5) Institutional care and (c) the transfer of the minor to a youth
custody. detention home/youth rehabilitation
center.
The court shall not order the detention of a child
CHAPTER 3
in a jail pending trial or hearing of his/her case.
PROSECUTION
SEC. 36. Detention of the Child Pending
SEC. 32. Duty of the Prosecutor's Office. -
Trial. - Children detained pending trial may be
There shall be a specially trained prosecutor to
released on bail or recognizance as provided for
conduct inquest, preliminary investigation and
under Sections 34 and 35 under this Act. In all
prosecution of cases involving a child in conflict
other cases and whenever possible, detention
with the law. If there is an allegation of torture or
pending trial may be replaced by alternative
ill-treatment of a child in conflict with the law
measures, such as close supervision, intensive
during arrest or detention, it shall be the duty of
care or placement with a family or in an
the prosecutor to investigate the same.
educational setting or home. Institutionalization
SEC. 33.Preliminary Investigation and Filing or detention of the child pending trial shall be
of Information.- The prosecutor shall conduct a used only as a measure of last resort and for the
preliminary investigation in the following shortest possible period of time.
instances: (a) when the child in conflict with the
Whenever detention is necessary, a child will
law does not qualify for diversion: (b) when the
always be detained in youth detention homes
child, his/her parents or guardian does not agree
established by local governments, pursuant to
to diversion as specified in Sections 27 and 28;
Section 8 of the Family Courts Act, in the city or
and (c) when considering the assessment and
municipality where the child resides.
recommendation of the social worker, the
prosecutor determines that diversion is not In the absence of a youth detention home, the
appropriate for the child in conflict with the law. child in conflict with the law may be committed to
the care of the DSWD or a local rehabilitation
Upon serving the subpoena and the affidavit of
center recognized by the government in the
complaint, the prosecutor shall notify the Public
province, city or municipality within the
Attorney's Office of such service, as well as the
jurisdiction of the court. The center or agency
personal information, and place of detention of
concerned shall be responsible for the child's
the child in conflict with the law.
appearance in court whenever required.
Upon determination of probable cause by the
SEC. 37. Diversion Measures. - Where the
prosecutor, the information against the child
maximum penalty imposed by law for the
shall be filed before the Family Court within
offense with which the child in conflict with the
forty-five (45) days from the start of the
law is charged is imprisonment of not more than
preliminary investigation.
twelve (12) years, regardless of the fine or fine
alone regardless of the amount, and before
CHAPTER 4 arraignment of the child in conflict with the law,
COURT PROCEEDINGS the court shall determine whether or not
diversion is appropriate.
SEC. 34.Bail.- For purposes of recommending
the amount of bail, the privileged mitigating S E C . 3 8 . A u t o m a t i c S u s p e n s i o n o f
circumstance of minority shall be considered. Sentence. - Once the child who is under
eighteen (18) years of age at the time of the
SEC. 35.Release on Recognizance.- Where a commission of the offense is found guilty of the
child is detained, the court shall order: offense charged, the court shall determine and
(a) the release of the minor on ascertain any civil liability which may have
recognizance to his/her parents and resulted from the offense committed. However,
other suitable person; instead of pronouncing the judgment of
conviction, the court shall place the child in
conflict with the law under suspended sentence,

13
without need of application: Provided, however, place the child on probation in lieu of service of
That suspension of sentence shall still be his/her sentence taking into account the best
applied even if the juvenile is already eighteen interest of the child. For this purpose, Section 4
years (18) of age or more at the time of the of Presidential Decree No. 968, otherwise
pronouncement of his/her guilt. known as the "Probation Law of 1976", is hereby
amended accordingly.
Upon suspension of sentence and after
considering the various chcumstances of the
child, the court shall impose the appropriate CHAPTER 5
disposition measures as provided in the CONFIDENTIALITY OF RECORDS AND
Supreme Court Rule on Juveniles in Conflict PROCEEDINGS
with the Law.
SEC. 43. Confedentiality of Records and
SEC. 39. Discharge of the Child in Conflict Proceedings. - All records and proceedings
with the Law. - Upon the recommendation of involving children in conflict with the law from
the social worker who has custody of the child, initial contact until final disposition of the case
the court shall dismiss the case against the child shall be considered privileged and confidential.
whose sentence has been suspended and The public shall be excluded during the
against whom disposition measures have been proceedings and the records shall not be
issued, and shall order the final discharge of the disclosed directly or indirectly to anyone by any
child if it finds that the objective of the of the parties or the participants in the
disposition measures have been fulfilled. proceedings for any purpose whatsoever, except
The discharge of the child in conflict with the law to determine if the child in conflict with the law
shall not affect the civil liability resulting from the may have his/hes sentence suspended or if he/
commission of the offense, which shall be she may be granted probation under the
enforced in accordance with law. Probation Law, or to enforce the civil liability
imposed in the criminal action.
SEC. 40. Return of the Child in Conflict with
the Law to Court. - If the court finds that the The component authorities shall undertake all
objective of the disposition measures imposed measures to protect this confidentiality of
upon the child in conflict with the law have not proceedings, including non-disclosure of records
been fulfilled, or if the child in conflict with the to the media, maintaining a separate police
law has willfully failed to comply with the blotter for cases involving children in conflict with
conditions of his/her disposition or rehabilitation the law and adopting a system of coding to
program, the child in conflict with the law shall conceal material information which will lead to
be brought before the court for execution of the child's identity. Records of a child in conflict
judgment. with the law shall not be used in subsequent
proceedings for cases involving the same
If said child in conflict with the law has reached
offender as an adult, except when beneficial for
eighteen (18) years of age while under
the offender and upon his/her written consent.
suspended sentence, the court shall determine
whether to discharge the child in accordance A person who has been in conflict with the law
with this Act, to order execution of sentence, or as a child shall not be held under any provision
to extend the suspended sentence for a certain of law, to be guilty of perjury or of concealment
specified period or until the child reaches the or misrepresentation by reason of his/her failure
maximum age of twenty-one (21) years. to acknowledge the case or recite any fact
related thereto in response to any inquiry made
SEC. 41.Credit in Service of Sentence.- The
to him/her for any purpose.
child in conflict with the law shall be credited in
the services of his/her sentence with the full time
spent in actual commitment and detention under TITLE VI
this Act. REHABILITATION AND REINTEGRATION
SEC. 42. Probation as an Alternative to SEC. 44. Objective of Rehabilitation and
Imprisonment. - The court may, after it shall Reintegration. - The objective of rehabilitation
have convicted and sentenced a child in conflict and reintegration of children in conflict with the
with the law, and upon application at any time,

14
law is to provide them with interventions, him/her cannot pay all or part of said expenses,
approaches and strategies that will enable them the municipality where the offense was
to improve their social functioning with the end committed shall pay one-third (1/3) of said
goal of reintegration to their families and as expenses or part thereof; the province to which
productive members of their communities. the municipality belongs shall pay one-third (1/3)
and the remaining one-third (1/3) shall be borne
SEC. 45. Court Order Required. - No child
by the national government. Chartered cities
shall be received in any rehabilitation or training
shall pay two-thirds (2/3) of said expenses; and
facility without a valid order issued by the court
in case a chartered city cannot pay said
after a hearing for the purpose. The details of
expenses, part of the internal revenue
this order shall be immediately entered in a
allotments applicable to the unpaid portion shall
register exclusively for children in conflict with
be withheld and applied to the settlement of said
the law. No child shall be admitted in any facility
obligations: Provided, further, That in the event
where there is no such register.
that the child in conflict with the law is not a
SEC. 46,Separate Facilities from Adults.- In resident of the municipality/city where the
all rehabilitation or training facilities, it shall be offense was committed, the court, upon its
mandatory that children shall be separated from determination, may require the city/municipality
adults unless they are members of the same where the child in conflict with the law resides to
family. Under no other circumstance shall a child shoulder the cost.
in conflict with the law be placed in the same
All city and provincial governments must exert
confinement as adults.
effort for the immediate establishment of local
The rehabilitation, training or confinement area detention homes for children in conflict with the
of children in conflict with the law shall provide a law.
home environment where children in conflict with
SEC. 51. Confinement of Convicted Children
the law can be provided with quality counseling
in Agricultural Camps and other Training
and treatment.
Facilities.- A child
SEC. 47.Female Children.- Female children in
in conflict with the law may, after conviction and
conflict with the law placed in an institution shall
upon order of the court, be made to serve his/
be given special attention as to their personal
her sentence, in lieu of confinement in a regular
needs and problems. They shall be handled by
penal institution, in an agricultural camp and
female doctors, correction officers and social
other training facilities that may be established,
workers, and shall be accommodated separately
maintained, supervised and controlled by the
from male children in conflict with the law.
BUCOR, in coordination with the DSWD.
SEC. 48. Gender-Sensitivity Training. - No
SEC. 52. Rehabilitation of Children in
personnel of rehabilitation and training facilities
Conflict with the Law.- Children in conflict with
shall handle children in conflict with the law
the law, whose sentences are suspended may,
without having undergone gender sensitivity
upon order of the court, undergo any or a
training.
combination of disposition measures best suited
SEC. 49. Establishment of Youth Detention to the rehabilitation and welfare of the child as
Homes. - The LGUs shall set aside an amount provided in the Supreme Court Rule on
to build youth detention homes as mandated by Juveniles in Conflict with the Law.
the Family Courts Act. Youth detention homes
If the community-based rehabilitation is availed
may also be established by private and NGOs
of by a child in conflict with the law, he/she shall
licensed and accredited by the DSWD, in
be released to parents, guardians, relatives or
consultation with the JJWC.
any other responsible person in the community.
SEC. 50. Care and Maintenance of the Child Under the supervision and guidance of the local
in Conflict with the Law. - The expenses for social welfare and development officer, and in
the care and maintenance of a child in conflict coordination with his/her parents/guardian, the
with the law under institutional care shall be child in conflict with the law shall participate in
borne by his/her parents or those persons liable community-based programs, which shall include,
to support him/her: Provided, That in case his/ but not limited to:
her parents or those persons liable to support

15
 (1) Competency and life skills (b) Prevent separation of the child in
development; conflict with the law from his/her
parents/guardians to maintain the
(2) Socio-cultural and recreational
support system fostered by their
activities;
relationship and to create greater
(3) Community volunteer projects; awareness of their mutual and
(4) Leadership training; reciprocal responsibilities;

(5) Social services; (c) Facilitate the rehabilitation and

mainstreaming of the child in conflict
(6) Homelife services; with the law and encourage community
(7) Health services; . support and involvement; and
(8) Spiritual enrichment; and (d) Minimize the stigma that attaches to
the child in conflict with the law by
(9) Community and family welfare
preventing jail detention.
services.
SEC. 55. Criteria of Community-Based
In accordance therewith, the family of the child
Programs. - Every LGU shall establish
in conflict with the law shall endeavor to actively
community-based programs that will focus on
participate in the community-based
the rehabilitation and reintegration of the child.
rehabilitation.
All programs shall meet the criteria to be
Based on the progress of the youth in the established by the JJWC which shall take into
community, a final report will be forwarded by account the purpose of the program, the need
the local social welfare and development officer for the consent of the child and his/her parents
to the court for final disposition of the case. or legal guardians, and the participation of the
If the community-based programs are provided child-centered agencies whether public or
as diversion measures under Chapter II, Title V, private.
the programs enumerated above shall be made SEC. 56. After-Care Support Services for
available to the child in conflict with the law. Children in Conflict with the Law.- Children in
SEC. 53. Youth Rehabilitation Center. - The conflict with the law whose cases have been
youth rehabilitation center shall provide 24-hour dismissed by the proper court because of good
group care, treatment and rehabilitation services behavior as per recommendation of the DSWD
under the guidance of a trained staff where social worker and/or any accredited NGO youth
residents are cared for under a structured rehabilitation center shall be provided after-care
therapeutic environment with the end view of services by the local social welfare and
reintegrating them in their families and development officer for a period of at least six
communities as socially functioning individuals. (6) months. The service includes counseling and
A quarterly report shall be submitted by the other community-based services designed to
center to the proper court on the progress of the facilitate social reintegration, prevent re-
children in conflict with the law. Based on the offending and make the children productive
progress of the youth in the center, a final report members of the community.
will be forwarded to the court for final disposition
of the case. The DSWD shall establish youth
TITLE VII
rehabilitation centers in each region of the
GENERAL PROVISIONS
country.
CHAPTER 1
SEC. 54. Objectives of Community Based
EXEMPTING PROVISIONS
Programs.- The objectives of community-based
programs are as follows: SEC. 57. Status Offenees. - Any conduct not
considered an offense or not penalized if
(a) Prevent disruption in the education
committed by an adult shall not be considered
or means of livelihood of the child in
an offense and shall not be punished if
conflict with the law in case he/she is
committed by a child.
studying, working or attending
vocational learning institutions;

16
SEC. 58. Offenses Not Applicable to (d) Compelling the child to perform
Children. - Persons below eighteen (18) years involuntary servitude in any and all
of age shall be exempt from prosecution for the forms under any and all instances.
crime of vagrancy and prostitution under Section CHAPTER 3
202 of the Revised Penal Code, of mendicancy PENAL PROVISION
under Presidential Decree No. 1563, and sniffing
of rugby under Presidential Decree No. 1619, SEC. 62. Violation of the Provisions of this
such prosecution being inconsistent with the Act or Rules or Regulations in General.- Any
United Nations Convention on the Rights of the person who violates any provision of this Act or
Child:Provided, That said persons shall undergo any rule or regulation promulgated in
appropriate counseling and treatment program. accordance thereof shall, upon conviction for
each act or omission, be punished by a fine of
SEC. 59. Exemption from the Application of n o t l e s s t h a n Tw e n t y t h o u s a n d p e s o s
Death Penalty. - The provisions of the Revised (P20,000.00) but not more than Fifty thousand
Penal Code, as amended, Republic Act No. pesos (P50,000.00) or suffer imprisonment of
9165, otherwise known as the Comprehensive not less than eight (8) years but not more than
Dangerous Drugs Act of 2002, and other special ten (10) years, or both such fine and
laws notwithstanding, no death penalty shall be imprisonment at the discretion of the court,
imposed upon children in conflict with the law. unless a higher penalty is provided for in the
CHAPTER 2 Revised Penal Code or special laws. If the
PROHIBITED ACTS offender is a public officer or employee, he/she
s h a l l , i n a d d i t i o n t o s u c h fi n e a n d / o r
SEC. 60. Prohibition Against Labeling and
imprisonment, be held administratively liable and
Shaming. - In the conduct of the proceedings
shall suffer the penalty of perpetual absolute
beginning from the initial contact with the child,
disqualification.
the competent authorities must refrain from
branding or labeling children as young criminals, CHAPTER 4
juvenile delinquents, prostitutes or attaching to APPROPRIATION PROVISION
them in any manner any other derogatory SEC. 63. Appropriations. - The amount
names. Likewise, no discriminatory remarks and necessary to carry out the initial implementation
practices shall be allowed particularly with of this Act shall be charged to the Office of the
respect to the child's class or ethnic origin. President. Thereafter, such sums as may be
SEC. 61. Other Prohibited Acts. - The necessary for the continued implementation of
following and any other similar acts shall be this Act shall be included in the succeeding
considered prejudicial and detrimental to the General Appropriations Act.
psychological, emotional, social, spiritual, moral An initial amount of Fifty million pesos
and physical health and well-being of the child in (P50,000,000.00) for the purpose of setting up
conflict with the law and therefore, prohibited: the JJWC shall be taken from the proceeds of
(a) Employment of threats of whatever the Philippine Charity Sweepstakes Office.
kind and nature; TITLE VIII
(b) Employment of abusive, coercive TRANSITORY PROVISIONS
and punitive measures such as cursing, SEC. 64. Children in Conflict with the Law
beating, stripping, and solitary Fifteen (15) Years Old and Below. - Upon
confinement; effectivity of this Act, cases of children fifteen
(c) Employment of degrading, inhuman (15) years old and below at the time of the
end cruel forms of punishment such as commission of the crime shall immediately be
shaving the heads, pouring irritating, dismissed and the child shall be referred to the
corrosive or harmful substances over appropriate local social welfare and
the body of the child in conflict with the development officer. Such officer, upon thorough
law, or forcing him/her to walk around assessment of the child, shall determine
the community wearing signs which whether to release the child to the custody of
embarrass, humiliate, and degrade his/ his/her parents, or refer the child to prevention
her personality and dignity; and programs as provided under this Act. Those with

17
suspended sentences and undergoing TITLE IX
rehabilitation at the youth rehabilitation center FINAL PROVISIONS
shall likewise be released, unless it is contrary to SEC. 69.Rule Making Power.- The JJWC shall
the best interest of the child. issue the IRRs for the implementation of the
SEC. 65. Children Detained Pending Dial. - If provisions of this act within ninety (90) days from
the child is detained pending trial, the Family the effectivity thereof.
Court shall also determine whether or not SEC. 70. Separability Clause. - If, for any
continued detention is necessary and, if not, reason, any section or provision of this Act is
determine appropriate alternatives for detention. declared unconstitutional or invalid by the
If detention is necessary and he/she is detained Supreme Court, the other sections or provisions
with adults, the court shall immediately order the hereof not dfected by such declaration shall
transfer of the child to a youth detention home. remain in force and effect.
SEC. 66. Inventory of "Locked-up" and SEC. 71.Repealing Clause.- All existing laws,
Detained Children in Conflict with the Law. - orders, decrees, rules and regulations or parts
The PNP, the BJMP and the BUCOR are hereby thereof inconsistent with the provisions of this
directed to submit to the JJWC, within ninety Act are hereby repealed or modified accordingly.
(90) days from the effectivity of this Act, an SEC. 72.Effectivity.- This Act shall take effect
inventory of all children in conflict with the law after fifteen (15) days from its publication in at
under their custody. least two (2) national newspapers of general
SEC. 67. Children Who Reach the Age of circulation.
Eighteen (18) Years Pending Diversion and
Court Proceedings.- If a child reaches the age
of eighteen (18) years pending diversion and
court proceedings, the appropriate diversion
authority in consultation with the local social
welfare and development officer or the Family Republic of the Philippines
Court in consultation with the Social Services CONGRESS OF THE PHILIPPINES
and Counseling Division (SSCD) of the Supreme Metro Manila
Court, as the case may be, shall determine the Fifteenth Congress
appropriate disposition. In case the appropriate Third Regular Session
court executes the judgment of conviction, and
Begun and held in Metro Manila, on Monday, the
unless the child in conflict the law has already
twenty-third day of July, two thousand twelve.
availed of probation under Presidential Decree
No. 603 or other similar laws, the child may REPUBLIC ACT NO. 10630
apply for probation if qualified under the
provisions of the Probation Law. AN ACT STRENGTHENING THE JUVENILE
JUSTICE SYSTEM IN THE PHILIPPINES,
SEC. 68.Children Who Have Been Convicted AMENDING FOR THE PURPOSE REPUBLIC
and are Serving Sentence. - Persons who ACT NO. 9344, OTHERWISE KNOWN AS THE
have been convicted and are serving sentence "JUVENILE JUSTICE AND WELFARE ACT OF
at the time of the effectivity of this Act, and who 2 0 0 6 " A N D A P P R O P R I AT I N G F U N D S
were below the age of eighteen (18) years at the THEREFOR
time the commission of the offense for which
they were convicted and are serving sentence, Be it enacted by the Senate and House of
shall likewise benefit from the retroactive Representatives of the Philippines in Congress
application of this Act. They shall be entitled to assembled:
appropriate dispositions provided under this Act Section 1.The Title of Republic Act No. 9344 is
and their sentences shall be adjusted hereby amended to read as follows: "An Act
accordingly. They shall be immediately released Establishing a Comprehensive Juvenile Justice
if they are so qualified under this Act or other and Welfare System, Creating the Juvenile
applicable law. justice and Welfare Council under the
Department of Social Welfare and Development,

18
Appropriating Funds Therefor, and for Other "A child above fifteen (15) years but
Purposes." below eighteen (18) years of age shall
likewise be exempt from criminal liability
Section 2.Section 4 of Republic Act No. 9344 is
and be subjected to an intervention
hereby amended to read as follows:
program, unless he/she has acted with
"SEC. 4. Definition of Terms. The discernment, in which case, such child
following terms as used in this Act shall shall be subjected to the appropriate
be defined as follows: proceedings in accordance with this Act.
"x x x "The exemption from criminal liability
"(s) Bahay Pag-asa refers to a 24- herein established does not include
hour child-caring institution established, exemption from civil liability, which shall
funded and managed by local be enforced in accordance with existing
government units (LGUs) and licensed laws."
and/or accredited nongovernment Section 4.Section 8 of Republic Act No. 9344 is
organizations (NGOs) providing short- hereby amended to read as follows:
term residential care for children in
"SEC. 8. Juvenile Justice and Welfare
conflict with the law who are above
Council (JJWC). A Juvenile Justice
fifteen (15) but below eighteen (18)
and Welfare Council (JJWC) is hereby
years of age who are awaiting court
created and attached to the Department
disposition of their cases or transfer to
of Social Welfare and Development and
other agencies or jurisdiction.
placed under its administrative
"Part of the features of a Bahay Pag- supervision. The JJWC shall be chaired
asa is an intensive juvenile intervention by an Undersecretary of the Department
and support center. This will cater to of Social Welfare and Development. It
children in conflict with the law in shall ensure the effective
accordance with Sections 20, 20-A and implementation of this Act and
20-B hereof. coordination among the following
"A multi-disciplinary team composed of a agencies:
social worker, a psychologist/mental "(a) Department of Justice
health professional, a medical doctor, an (DOJ);
educational/guidance counselor and a
"(b) Council for the Welfare of
Barangay Council for the Protection of
Children (CWC);
Children (BCPC) member shall operate
the Bahay Pag-asa. The team will work "(c) Department of Education
on the individualized intervention plan (DepED);
with the child and the childs family. "(d) Department of the Interior
"x x x." and Local Government (DILG);
Section 3.Section 6 of Republic Act No. 9344 is "(e) Public Attorneys Office
hereby amended to read as follows: (PAO);
"SEC. 6. Minimum Age of Criminal "(f) Bureau of Corrections
Responsibility. A child fifteen (15) (BUCOR);
years of age or under at the time of the "(g) Parole and Probation
commission of the offense shall be Administration (PPA);
exempt from criminal liability. However,
the child shall be subjected to an "(h) National Bureau of
intervention program pursuant to Investigation (NBI);
Section 20 of this Act. "(i) Philippine National Police
"A child is deemed to be fifteen (15) (PNP);
years of age on the day of the fifteenth "(j) Bureau of Jail Management
anniversary of his/her birthdate. and Penology (BJMP);

19
 "(k) Commission on Human "There shall be a Regional Juvenile
Rights (CHR); J u s t i c e a n d We l f a r e C o m m i t t e e
(RJJWC) in each region. The RJJWCs
"(l) Technical Education and
will be under the administration and
Skills Development Authority
supervision of the JJWC. The RJJWC
(TESDA);
shall be chaired by the director of the
"(m) National Youth Commission regional office of the DSWD. It shall
(NYC); and ensure the effective implementation of
"(n) Other institutions focused this Act at the regional and LGU levels
on juvenile justice and and the coordination among its member
intervention programs. agencies.

"The JJWC shall be composed of "The RJJWC will be composed of

representatives, whose ranks shall not permanent representatives who shall
be lower than director, to be designated have a rank not lower than an assistant
by the concerned heads of the following regional director or its equivalent to be
departments or agencies and shall designated by the concerned
receive emoluments as may be department heads from the following
determined by the Council in agencies and shall receive emoluments
accordance with existing budget and as may be determined by the Council in
accounting rules and regulations: accordance with existing budget and
accounting rules and regulations:
"(1) Department of Justice
(DOJ); "(i) Department of Justice
(DOJ);
"(2) Department of Social
Welfare and Development "(ii) Department of Social
(DSWD); Welfare and Development
(DSWD);
"(3) Council for the Welfare of
Children (CWC); "(iii) Department of Education
(DepED);
"(4) Department of Education
(DepED); "(iv) Department of the Interior
and Local Government (DILG);
"(5) Department of the Interior
and Local Government (DILG); "(v) Commission on Human
Rights (CHR);
"(6) Commission on Human
Rights (CHR); "(vi) Department of Health
(DOH);
"(7) National Youth Commission
(NYC); "(vii) Two (2) representatives
from NGOs operating within the
"(8) Two (2) representatives region selected by the RJJWC
from NGOs, to be designated by based on the criteria established
the Secretary of Social Welfare by the JJWC;
and Development, to be
selected based on the criteria "(viii) One (1) sectoral
established by the Council; representative from the children
or youth sector within the
"(9) Department of Health region; and
(DOH); and
"(ix) One (1) representative from
"(10) One (1) representative the League of Provinces/ Cities/
each from the League of Municipalities/ Barangays of the
Provinces, League of Cities, Philippines.
League of Municipalities and
League of Barangays. "The JJWC shall convene within fifteen
(15) days from the effectivity of this Act.

20
 The Secretary of Social Welfare and "(f) To consult with the various
Development shall determine the leagues of local government
organizational structure and staffing officials in the formulation and
pattern of the JJWC national secretariat recommendation of policies and
and the RJJWC secretariat. strategies for the prevention of
juvenile delinquency and the
"In the implementation of this Act, the
promotion of juvenile justice and
JJWC shall consult with the various
welfare;
leagues of local government officials.
" ( g ) To f o r m u l a t e a n d
"The JJWC shall coordinate with the
recommend policies and
Office of the Court Administrator and the
strategies in consultation with
Philippine Judicial Academy to ensure
children for the prevention of
the realization of its mandate and the
juvenile delinquency and the
proper discharge of its duties and
administration of justice, as well
functions, as herein provided."
as for the treatment and
Section5.Section 9 of Republic Act No. 9344 is rehabilitation of the children in
hereby amended to read as follows: conflict with the law;
"SEC. 9. Duties and Functions of the " ( h ) To c o l l e c t r e l e v a n t
JJWC. The JJWC shall have the information and conduct
following duties and functions: continuing research and support
" ( a ) To o v e r s e e t h e evaluations and studies on all
implementation of this Act; matters relating to juvenile
justice and welfare, such as, but
"(b) To advise the President on not limited to:
all matters and policies relating
to juvenile justice and welfare; "(1) The performance
and results achieved by
"(c) To assist the concerned juvenile intervention
agencies in the review and programs and by
redrafting of existing policies/ activities of the local
regulations or in the formulation government units and
of new ones in line with the other government
provisions of this Act; agencies;
"(d) To periodically develop a "(2) The periodic trends,
comprehensive 3 to 5-year problems and causes of
national juvenile intervention juvenile delinquency
program, with the participation and crimes; and
of government agencies
concerned, NGOs and youth "(3) The particular
organizations; needs of children in
conflict with the law in
" ( e ) To c o o r d i n a t e t h e custody.
implementation of the juvenile
intervention programs and "The data gathered shall be
activities by national used by the JJWC in the
government agencies and other improvement of the
activities which may have an administration of juvenile justice
important bearing on the and welfare system.
success of the entire national "The JJWC shall submit an
juvenile intervention program. annual report to Congress on
All programs relating to juvenile the implementation of the
justice and welfare shall be provisions of this Act.
adopted in consultation with the
JJWC;

21
 "The JJWC shall set up a program, with the participation
mechanism to ensure that of concerned LGUs, NGOs and
children are involved in research youth organizations within the
and policy development. region and monitor its
implementation;
"(i) Through duly designated
persons and with the assistance " ( d ) To c o o r d i n a t e t h e
of the agencies provided in the implementation of the juvenile
preceding section, to conduct intervention programs and
regular inspections in detention activities by national
and rehabilitation facilities and government agencies and other
to undertake spot inspections on activities within the region;
their own initiative in order to "(e) To oversee the programs
check compliance with the and operation of the intensive
standards provided herein and juvenile intervention and support
to make the necessary center established within the
recommendations to appropriate region;
agencies;
"(f) To collect relevant regional
"(j) To initiate and coordinate the information and conduct
conduct of trainings for the continuing research and support
personnel of the agencies evaluations and studies on all
involved in the administration of matters relating to juvenile
the juvenile justice and welfare justice and welfare within the
system and the juvenile region, such as, but not limited
intervention program; to:
"(k) To submit an annual report "(1) Performance and
to the President on the results achieved by
implementation of this Act; and juvenile intervention
"(l) To perform such other programs and by
functions as may be necessary activities of the LGUs
to implement the provisions of and other government
this Act." agencies within the
region;
"SEC. 9-A. Duties and Functions of the
RJJWC. The RJJWC shall have the "(2) The periodic trends,
following duties and functions: problems and causes of
juvenile delinquency
"(a) To oversee and ensure the
and crimes from the
effective implementation of this
LGU level to the
Act at the regional level and at
regional level; and
the level of the LGUs;
"(3) The particular
"(b) To assist the concerned
needs of children in
agencies in the implementation
conflict with the law in
and in compliance with the
custody within their
J J W C s a d o p t e d p o l i c i e s /
regional jurisdiction.
regulations or provide
substantial inputs to the JJWC "The data gathered shall be
in the formulation of new ones in forwarded by the RJJWC to the
line with the provisions of this JJWC on an annual basis and
Act; as may be deemed necessary
by the JJWC.
"(c) To assist in the development
of the comprehensive 3 to 5- "(g) Through duly designated
year local juvenile intervention persons and with the assistance

22
 of the agencies provided in the "The local social welfare and
preceding section, to conduct development officer shall determine the
regular inspections in detention appropriate programs for the child who
and rehabilitation facilities within has been released, in consultation with
the region and to undertake spot the child and the person having custody
inspections on their own over the child. If the parents, guardians
initiative in order to check or nearest relatives cannot be located,
compliance with the standards or if they refuse to take custody, the
provided herein and to make the child may be released to any of the
necessary reports and following:
recommendations to appropriate "(a) A duly registered
agencies and to the JJWC; nongovernmental or religious
"(h) To initiate and coordinate organization;
the conduct of trainings for the "(b) A barangay official or a
personnel of the agencies member of the Barangay
involved in the administration of Council for the Protection of
the juvenile justice and welfare Children (BCPC);
system and the juvenile
intervention program within the "(c) A local social welfare and
region; development officer; or, when
and where appropriate, the
"(i) To submit an annual report DSWD.
to the JJWC on the
implementation of this Act; and "If the child has been found by the local
social welfare and development officer
"(j) To perform such other to be dependent, abandoned, neglected
functions as may be determined or abused by his/her parents and the
by the JJWC to implement the best interest of the child requires that
provisions of this Act." he/she be placed in a youth care facility
Section 6.Section 20 of Republic Act No. 9344 or Bahay Pag-asa, the childs parents
is hereby amended to read as follows: or guardians shall execute a written
authorization for the voluntary
"SEC. 20. Children Below the Age of
commitment of the child:Provided, That
Criminal Responsibility. If it has been
if the child has no parents or guardians
determined that the child taken into
or if they refuse or fail to execute the
custody is fifteen (15) years old or
written authorization for voluntary
below, the authority which will have an
commitment, the proper petition for
initial contact with the child, in
involuntary commitment shall be
consultation with the local social welfare
immediately filed by the DSWD or the
and development officer, has the duty to
Local Social Welfare and Development
immediately release the child to the
O f fi c e ( L S W D O ) p u r s u a n t t o
custody of his/her parents or guardian,
Presidential Decree No. 603, as
or in the absence thereof, the childs
amended, otherwise known as The
nearest relative. The child shall be
Child and Youth Welfare Code and the
subjected to a community-based
Supreme Court rule on commitment of
intervention program supervised by the
children: Provided, further, That the
local social welfare and development
minimum age for children committed to
officer, unless the best interest of the
a youth care facility or Bahay Pag-asa
child requires the referral of the child to
shall be twelve (12) years old."
a youth care facility or Bahay Pag-asa
managed by LGUs or licensed and/or "SEC. 20-A. Serious Crimes Committed
accredited NGOs monitored by the by Children Who Are Exempt From
DSWD. Criminal Responsibility. A child who is
above twelve (12) years of age up to

23
fifteen (15) years of age and who based intervention program and is
commits parricide, murder, infanticide, already prepared to be reintegrated with
kidnapping and serious illegal detention his/her family or if there is a need for the
where the victim is killed or raped, continuation of the center-based
robbery, with homicide or rape, rehabilitation of the child. The court will
destructive arson, rape, or carnapping determine the next period of
where the driver or occupant is killed or assessment or hearing on the
raped or offenses under Republic Act commitment of the child."
No. 9165 (Comprehensive Dangerous "SEC. 20-B.Repetition of Offenses. A
Drugs Act of 2002) punishable by more child who is above twelve (12) years of
than twelve (12) years of imprisonment, age up to fifteen (15) years of age and
shall be deemed a neglected child under who commits an offense for the second
Presidential Decree No. 603, as time or oftener:Provided,That the child
amended, and shall be mandatorily was previously subjected to a
placed in a special facility within the community-based intervention program,
youth care faculty or Bahay Pag-asa shall be deemed a neglected child under
called the Intensive Juvenile Presidential Decree No. 603, as
Intervention and Support Center (IJISC). amended, and shall undergo an
"In accordance with existing laws, rules, intensive intervention program
procedures and guidelines, the proper supervised by the local social welfare
petition for involuntary commitment and and development officer: Provided,
placement under the IJISC shall be filed further, That, if the best interest of the
by the local social welfare and child requires that he/she be placed in a
development officer of the LGU where youth care facility or Bahay Pag-asa,
the offense was committed, or by the the childs parents or guardians shall
DSWD social worker in the local social execute a written authorization for the
welfare and development officers voluntary commitment of the
absence, within twenty-four (24) hours child: Provided, finally, That if the child
from the time of the receipt of a report has no parents or guardians or if they
on the alleged commission of said child. refuse or fail to execute the written
The court, where the petition for authorization for voluntary commitment,
involuntary commitment has been filed the proper petition for involuntary
shall decide on the petition within commitment shall be immediately filed
seventy-two (72) hours from the time the by the DSWD or the LSWDO pursuant
said petition has been filed by the to Presidential Decree No. 603, as
DSWD/LSWDO. The court will amended."
determine the initial period of placement "SEC. 20-C. Exploitation of Children for
of the child within the IJISC which shall Commission of Crimes. Any person
not be less than one (1) year. The multi- who, in the commission of a crime,
disciplinary team of the IJISC will submit makes use, takes advantage of, or
to the court a case study and progress profits from the use of children, including
report, to include a psychiatric any person who abuses his/her authority
evaluation report and recommend the over the child or who, with abuse of
reintegration of the child to his/her family confidence, takes advantage of the
or the extension of the placement under vulnerabilities of the child and shall
the IJISC. The multi-disciplinary team induce, threaten or instigate the
will also submit a report to the court on commission of the crime, shall be
the services extended to the parents imposed the penalty prescribed by law
and family of the child and the for the crime committed in its maximum
compliance of the parents in the period."
intervention program. The court will
decide whether the child has " S E C . 2 0 - D . J o i n t P a r e n t a l
successfully completed the center- R e s p o n s i b i l i t y. B a s e d o n t h e

24
 recommendation of the multi-disciplinary choice or in the absence thereof, a
team of the IJISC, the LSWDO or the lawyer from the Public Attorneys Office;
DSWD, the court may require the (2) the childs parents, guardian, or
parents of a child in conflict with the law nearest relative, as the case may be;
to undergo counseling or any other and (3) the local social welfare and
intervention that, in the opinion of the development officer. In the absence of
court, would advance the welfare and the childs parents, guardian, or nearest
best interest of the child. relative, and the local social welfare and
development officer, the investigation
"As used in this Act, parents shall mean
shall be conducted in the presence of a
any of the following:
representative of an NGO, religious
"(a) Biological parents of the group, or member of the BCPC.
child; or
"The social worker shall conduct an
"(b) Adoptive parents of the initial assessment to determine the
child; or appropriate interventions and whether
"(c) Individuals who have the child acted with discernment, using
custody of the child. the discernment assessment tools
developed by the DSWD. The initial
"A court exercising jurisdiction over a assessment shall be without prejudice to
child in conflict with the law may require the preparation of a more
the attendance of one or both parents of comprehensive case study report. The
the child at the place where the local social worker shall do either of the
proceedings are to be conducted. following:
"The parents shall be liable for damages "(a) Proceed in accordance with
unless they prove, to the satisfaction of Section 20 if the child is fifteen
the court, that they were exercising (15) years or below or above
reasonable supervision over the child at fifteen (15) but below eighteen
the time the child committed the offense (18) years old, who acted
and exerted reasonable effort and without discernment; and
utmost diligence to prevent or
discourage the child from committing "(b) If the child is above fifteen
another offense." (15) years old but below
eighteen (18) and who acted
"SEC. 20-E. Assistance to Victims of with discernment, proceed to
Offenses Committed by Children. The diversion under the following
victim of the offense committed by a chapter."
child and the victims family shall be
provided the appropriate assistance and Section 8.Section 33 of Republic Act No. 9344
psychological intervention by the is hereby amended to read as follows:
LSWDO, the DSWD and other "SEC. 33. Preliminary Investigation and
concerned agencies." Filing of Information. The prosecutor
Section 7.Section 22 of Republic Act No. 9344 shall conduct a preliminary investigation
is hereby amended to read as follows: in the following instances: (a) when the
child in conflict with the law does not
" S E C . 2 2 . D u t i e s D u r i n g I n i t i a l qualify for diversion; (b) when the child,
Investigation. The law enforcement his/her parents or guardian does not
officer shall, in his/her investigation, agree to diversion as specified in
determine where the case involving the Sections 27 and 28; and (c) when
child in conflict with the law should be considering the assessment and
referred. recommendation of the social worker,
"The taking of the statement of the child the prosecutor determines that diversion
shall be conducted in the presence of is not appropriate for the child in conflict
the following: (1) childs counsel of with the law.

25
 "Upon serving the subpoena and the the LGUs annual budget. Highly-
affidavit of complaint, the prosecutor urbanized cities and provincial
shall notify the Public Attorneys Office governments should include a separate
of such service, as well as the personal budget for the construction and
information, and place of detention of maintenance of the Bahay Pag-asa
the child in conflict with the law. including the operation of the IJISC
within the Bahay Pag-asa."
"Upon determination of probable cause
by the prosecutor, the information Section 11.Section 57 of Republic Act No. 9344
against the child shall be filed before the is hereby amended to read as follows:
Family Court within forty-five (45) days "SEC. 57. Status Offenses. Any
from the start of the preliminary conduct not considered an offense or
investigation. The information must not penalized if committed by an adult
allege that the child acted with shall not be considered an offense and
discernment." shall not be punished if committed by a
Section 9.Section 49 of Republic Act No. 9344 child."
is hereby amended to read as follows: "SEC. 57-A. Violations of Local
"SEC. 49.Establishment of Bahay Pag- Ordinances. Ordinances enacted by
Asa. Each province and highly- local governments concerning juvenile
urbanized city (the LGUs) shall be status offenses such as, but not limited
responsible for building, funding and to, curfew violations, truancy, parental
operating a Bahay Pag-asa within their disobedience, anti-smoking and anti-
jurisdiction following the standards that drinking laws, as well as light offenses
will be set by the DSWD and adopted by and misdemeanors against public order
the JJWC. or safety such as, but not limited to,
disorderly conduct, public scandal,
"Every Bahay Pag-asa will have a
harassment, drunkenness, public
special facility called the IJISC. This
intoxication, criminal nuisance,
Center will be allocated for children in
vandalism, gambling, mendicancy,
conflict with the law in accordance with
littering, public urination, and
Sections 20, 20-A and 20-B hereof.
trespassing, shall be for the protection
These children will be required to
of children. No penalty shall be imposed
undergo a more intensive multi-
on children for said violations, and they
disciplinary intervention program. The
shall instead be brought to their
JJWC in partnership with, but not limited
residence or to any barangay official at
to, the DSWD, the DOH, the DepED and
the barangay hall to be released to the
the DILG, will develop and set the
custody of their parents. Appropriate
standards for the implementation of the
intervention programs shall be provided
multi-disciplinary intervention program of
for in such ordinances. The child shall
the IJISC. Upon institutionalization of
also be recorded as a child at risk and
the IJISC program, the JJWC will
not as a child in conflict with the law.
continue to monitor and provide
The ordinance shall also provide for
technical assistance to the multi-
intervention programs, such as
disciplinary teams operating the said
counseling, attendance in group
centers."
activities for children, and for the
Section 10.Section 50 of Republic Act No. 9344 parents, attendance in parenting
is hereby amended to read as follows: education seminars."
"SEC. 50.Care and Maintenance of the Section 12. Mandatory Registry of Children in
Child in Conflict with the Law. x x x Conflict with the Law. All duty-bearers,
"The LGUs expected expenditures on including barangay/BCPC workers, law
the local juvenile intervention program enforcers, teachers, guidance counselors, social
for children at risk and children in workers and prosecutors who will receive report,
conflict with the law shall be included in handle or refer cases of children in conflict with

26
the law, shall ensure a faithful recordation of all S e c t i o n 1 4 . I m p l e m e n t i n g R u l e s a n d
pertinent information, such as age, residence, Regulations. The JJWC shall promulgate the
gender, crime committed or accused of and the necessary rules and regulations within sixty (60)
details of the intervention or diversion, as the days from the effectivity of this Act.
case may be, under which they will undergo or Section 15. Separability Clause. If any
has undergone, of all children in conflict with the provision of this Act is held unconstitutional,
law to guarantee the correct application of the other provisions not affected thereby shall
provisions of this Act and other laws. The JJWC remain valid and binding.
shall lead in the establishment of a centralized
information management system on children in Section 16. Repealing Clause. All laws,
conflict with the law. This provision is however decrees, ordinances and rules inconsistent with
without prejudice to Section 43 of this Act. the provisions of this Act are hereby modified or
repealed accordingly.
Section 13.Section 63 of Republic Act No. 9344
is hereby amended to read as follows: Section 17. Effectivity Clause. This Act shall
take effect fifteen (15) days after the completion
"SEC. 63.Appropriations. The amount of its publication in the Official Gazette or in at
necessary to carry out the provisions of least two (2) national newspapers of general
this Act shall be charged against the circulation.
current years appropriations of the
JJWC under the budget of the Approved,
Department of Justice. Thereafter, such Approved: OCT 03 2013
sums as may be necessary for the
continued implementation of this Act
shall be included in the budget of the
DSWD under the annual General
Appropriations Act: Provided, That the
amount of Four hundred million pesos
(P400,000,000.00) shall be appropriated
for the construction of Bahay Pag-asa
rehabilitation centers in provinces or
cities with high incidence of children in
conflict with the law to be determined
and identified by the DSWD and the
JJWC on a priority basis: Provided,
further, That the said amount shall be
coursed through the Department of
Public Works and Highways (DPWH) for
its proper implementation.
"The LGUs concerned shall make
available, from its own resources or
assets, their counterpart share
equivalent to the national government ACT NO. 4103 AN ACT TO PROVIDE
contribution of Five million pesos FOR AN INDETERMINATE SENTENCE AND
(P5,000,000.00) per rehabilitation PAROLE FOR ALL PERSONS CONVICTED
center. OF CERTAIN CRIMES BY THE COURTS OF
"In addition, the Council may accept THE PHILIPPINE ISLANDS; TO CREATE A
donations, grants and contributions from BOARD OF INDETERMINATE SENTENCE
various sources, in cash or in kind, for AND TO PROVIDE FUNDS THEREFOR; AND
purposes relevant to its functions,
FOR OTHER PURPOSES
subject to the usual government
accounting and auditing rules and
regulations."

27
Section 1. Hereafter, in imposing a prison clergyman or educator, one psychiatrist unless a
sentence for an offense punished by the trained psychiatrist be employed by the board,
Revised Penal Code, or its amendments, the and the other members shall be persons
court shall sentence the accused to an qualified for such work by training and
indeterminate sentence the maximum term of experience. At least one member of the board
which shall be that which, in view of the shall be a woman. Of the members of the
attending circumstances, could be properly present board, two shall be designated by the
imposed under the rules of the said Code, and President to continue until December thirty,
the minimum which shall be within the range of nineteen hundred and sixty-six and the other two
the penalty next lower to that prescribed by the shall continue until December thirty, nineteen
Code for the offense; and if the offense is hundred and sixty-nine. In case of any vacancy
punished by any other law, the court shall in the membership of the Board, a successor
sentence the accused to an indeterminate may be appointed to serve only for the
sentence, the maximum term of which shall not unexpired portion of the term of the respective
exceed the maximum fixed by said law and the members. (As amended by Republic Act No.
minimum shall not be less than the minimum 4203, June 19, 1965.)
term prescribed by the same. (As amended by
Act No. 4225.)
Sec. 4. The Board of Pardons and Parole is
authorized to adopt such rules and regulations
Sec. 2. This Act shall not apply to persons as may be necessary for carrying out its
convicted of offenses punished with death functions and duties. The Board is empowered
penalty or life-imprisonment; to those convicted to call upon any bureau, office, branch,
of treason, conspiracy or proposal to commit subdivision, agency or instrumentality of the
treason; to those convicted of misprision of Government for such assistance as it may need
treason, rebellion, sedition or espionage; to in connection with the performance of its
those convicted of piracy; to those who are functions. A majority of all the members shall
habitual delinquents; to those who have constitute a quorum and a majority vote shall be
escaped from confinement or evaded sentence; necessary to arrive at a decision. Any dissent
to those who having been granted conditional from the majority opinion shall be reduced to
pardon by the Chief Executive shall have writing and filed with the records of the
violated the terms thereof; to those whose proceedings. Each member of the Board,
maximum term of imprisonment does not including the Chairman and the Executive
exceed one year, not to those already sentenced Officer, shall be entitled to receive as
by final judgment at the time of approval of this compensation fifty pesos for each meeting
Act, except as provided in Sec. 5 hereof. (As actually attended by him, notwithstanding the
amended by Act No. 4225.) provisions of Section two hundred and fifty-nine
of the Revised Administrative Code, and in
addition thereto, reimbursement of actual and
Sec. 3. There is hereby created a Board of necessary travelling expenses incurred in the
Pardons and Parole to be composed of the performance of duties: Provided, however, That
Secretary of Justice who shall be its Chairman, the Board meetings will not be more than three
and four members to be appointed by the times a week. (As amended by Republic Act No.
President, with the consent of the Commission 4203, June 19, 1965.)
on Appointments who shall hold office for a term
of six years: Provided, That one member of the
board shall be a trained sociologist, one a

28
Sec. 5. It shall be the duty of the Board of Sentence for a period of surveillance equivalent
Indeterminate Sentence to look into the physical, to the remaining portion of the maximum
mental and moral record of the prisoners who sentence imposed upon him or until final release
shall be eligible to parole and to determine the and discharge by the Board of Indeterminate
proper time of release of such prisoners. Sentence as herein provided. The officials so
Whenever any prisoner shall have served the designated shall keep such records and make
minimum penalty imposed on him, and it shall such reports and perform such other duties
appear to the Board of Indeterminate Sentence, hereunder as may be required by said Board.
from the reports of the prisoners work and The limits of residence of such paroled prisoner
conduct which may be received in accordance during his parole may be fixed and from time to
with the rules and regulations prescribed, and time changed by the said Board in its discretion.
from the study and investigation made by the If during the period of surveillance such paroled
Board itself, that such prisoner is fitted by his prisoner shall show himself to be a law-abiding
training for release, that there is a reasonable citizen and shall not violate any of the laws of
probability that such prisoner will live and remain the Philippine Islands, the Board of
at liberty without violating the law, and that such Indeterminate Sentence may issue a final
release will not be incompatible with the welfare certificate of release in his favor, which shall
of society, said Board of Indeterminate Sentence entitle him to final release and discharge.
may, in its discretion, and in accordance with the
rules and regulations adopted hereunder,
authorize the release of such prisoner on parole, Sec. 7. The Board shall file with the court which
upon such terms and conditions as are herein passed judgment on the case, and with the
prescribed and as may be prescribed by the Chief of Constabulary, a certified copy of each
Board. The said Board of Indeterminate order of conditional or final release and
Sentence shall also examine the records and discharge issued in accordance with the
status of prisoners who shall have been provisions of the next preceding two sections.
convicted of any offense other than those
named in Sec. 2 hereof, and have been
sentenced for more than one year by final Sec. 8. Whenever any prisoner released on
judgment prior to the date on which this Act shall parole by virtue of this Act shall, during the
take effect, and shall make recommendation in period of surveillance, violate any of the
all such cases to the Governor-General with conditions of his parole, the Board of
regard to the parole of such prisoners as they Indeterminate Sentence may issue an order for
shall deem qualified for parole as herein his re-arrest which may be served in any part of
provided, after they shall have served a period the Philippine Islands by any police officer. In
of imprisonment not less than the minimum such case the prisoner so re-arrested shall
period for which they might have been serve the remaining unexpired portion of the
sentenced under this Act for the same offense. maximum sentence for which he was originally
committed to prison, unless the Board of
Indeterminate Sentence shall, in its discretion,
Sec. 6. Every prisoner released from grant a new parole to the said prisoner. (As
confinement on parole by virtue of this Act shall, amended by Act No. 4225.)
at such times and in such manner as may be
required by the conditions of his parole, as may
be designated by the said Board for such Sec. 9. Nothing in this Act shall be construed to
purpose, report personally to such government impair or interfere with the powers of the
officials or other parole officers hereafter Governor-General as set forth in Sec. 64(i) of
appointed by the Board of Indeterminate

29
the Revised Administrative Code or the Act of
Congress approved August 29, 1916 entitled An
Act to declare the purpose of the people of the
United States as to the future political status of
the people of the Philippine Islands, and to
provide a more autonomous government for
those Islands.

Sec. 10. Whenever any prisoner shall be

released on parole hereunder he shall be
entitled to receive the benefits provided in Sec.
1751 of the Revised Administrative Code.

Approved and effective on December 5, 1993.

MALACAANG
Manila

30
PRESIDENTIAL DECREE No. conditions imposed by the court and to
the supervision of a probation officer.
968
(b) "Probationer" means a person
July 24, 1976 placed on probation.
ESTABLISHING A PROBATION SYSTEM, (c) "Probation Officer" means one who
APPROPRIATING FUNDS THEREFOR AND investigates for the court a referral for
FOR OTHER PURPOSES probation or supervises a probationer or
WHEREAS, one of the major goals of the both.
government is to establish a more enlightened Section 4. Grant of Probation. Subject to the
and humane correctional systems that will provisions of this Decree, the court may, after it
promote the reformation of offenders and shall have convicted and sentenced a defendant
thereby reduce the incidence of recidivism; and upon application at any time of said
WHEREAS, the confinement of all offenders defendant, suspend the execution of said
prisons and other institutions with rehabilitation sentence and place the defendant on probation
programs constitutes an onerous drain on the for such period and upon such terms and
financial resources of the country; and conditions as it may deem best.

WHEREAS, there is a need to provide a less Probation may be granted whether the sentence
costly alternative to the imprisonment of imposes a term of imprisonment or a fine only.
offenders who are likely to respond to An application for probation shall be filed with
individualized, community-based treatment the trial court, with notice to the appellate court if
programs; an appeal has been taken from the sentence of
conviction. The filing of the application shall be
NOW, THEREFORE, I, FERDINAND E. deemed a waver of the right to appeal, or the
MARCOS, President of the Philippines, by virtue automatic withdrawal of a pending appeal.
of the powers vested in me by the Constitution,
do hereby order and decree the following: An order granting or denying probation shall not
be appealable.
Section 1. Title and Scope of the Decree. This
Decree shall be known as the Probation Law of Section 5. Post-sentence Investigation. No
1976. It shall apply to all offenders except those person shall be placed on probation except upon
entitled to the benefits under the provisions of prior investigation by the probation officer and a
Presidential Decree numbered Six Hundred and determination by the court that the ends of
three and similar laws. justice and the best interest of the public as well
as that of the defendant will be served thereby.
Section 2. Purpose. This Decree shall be
interpreted so as to: Section 6. Form of Investigation Report. The
investigation report to be submitted by the
(a) promote the correction and probation officer under Section 5 hereof shall be
rehabilitation of an offender by providing in the form prescribed by the Probation
him with individualized treatment; Administrator and approved by the Secretary of
(b) provide an opportunity for the Justice.
reformation of a penitent offender which S e c t i o n 7 . P e r i o d f o r S u b m i s s i o n o f
might be less probable if he were to Investigation Report. The probation officer shall
serve a prison sentence; and submit to the court the investigation report on a
(c) prevent the commission of offenses. defendant not later than sixty days from receipt
of the order of said court to conduct the
Section 3. Meaning of Terms. As used in this
investigation. The court shall resolve the petition
Decree, the following shall, unless the context
for probation not later than five days after receipt
otherwise requires, be construed thus:
of said report.
(a) "Probation" is a disposition under
Pending submission of the investigation report
which a defendant, after conviction and
and the resolution of the petition, the defendant
sentence, is released subject to
may be allowed on temporary liberty under his
bail filed in the criminal case; Provided, That, in

31
case where no bail was filed or that the (b) report to the probation officer at least
defendant is incapable of filing one, the court once a month at such time and place as
may allow the release of the defendant on specified by said officer.
recognize the custody of a responsible member The court may also require the probationer to:
of the community who shall guarantee his
appearance whenever required by the court. (a) cooperate with a program of
supervision;
Section 8. Criteria for Placing an Offender on
Probation. In determining whether an offender (b) meet his family responsibilities;
may be placed on probation, the court shall (c) devote himself to a specific
consider all information relative, to the character, employment and not to change said
antecedents, environment, mental and physical employment without the prior written
condition of the offender, and available approval of the probation officer;
institutional and community resources. Probation
shall be denied if the court finds that: (d) undergo medical, psychological or
psychiatric examination and treatment
(a) the offender is in need of correctional and enter and remain in a specified
treatment that can be provided most institution, when required for that
effectively by his commitment to an purpose;
institution; or
(e) pursue a prescribed secular study or
(b) there is undue risk that during the vocational training;
period of probation the offender will
commit another crime; or (f) attend or reside in a facility
established for instruction, recreation or
(c) probation will depreciate the residence of persons on probation;
seriousness of the offense committed.
(g) refrain from visiting houses of ill-
Section 9. Disqualified Offenders. The benefits repute;
of this Decree shall not be extended to those:
(h) abstain from drinking intoxicating
(a) sentenced to serve a maximum term beverages to excess;
of imprisonment of more than six years;
(i) permit to probation officer or an
(b) convicted of any offense against the authorized social worker to visit his
security of the State; home and place or work;
(c) who have previously been convicted (j) reside at premises approved by it and
by final judgment of an offense punished not to change his residence without its
by imprisonment of not less than one prior written approval; or
month and one day and/or a fine of not
less than Two Hundred Pesos; (k) satisfy any other condition related to
the rehabilitation of the defendant and
(d) who have been once on probation not unduly restrictive of his liberty or
under the provisions of this Decree; and incompatible with his freedom of
(e) who are already serving sentence at conscience.
the time the substantive provisions of Section 11. Effectivity of Probation Order. A
this Decree became applicable pursuant probation order shall take effect upon its
to Section 33 hereof. issuance, at which time the court shall inform the
Section 10. Conditions of Probation. Every offender of the consequences thereof and
probation order issued by the court shall contain explain that upon his failure to comply with any
conditions requiring that the probationer shall: of the conditions prescribed in the said order or
his commission of another offense, he shall
(a) present himself to the probation serve the penalty imposed for the offense under
officer designated to undertake his which he was placed on probation.
supervision at such place as may be
specified in the order within seventy-two Section 12. Modification of Condition of
hours from receipt of said order; Probation. During the period of probation, the
court may, upon application of either the

32
probationer or the probation officer, revise or defendant may be admitted to bail pending such
modify the conditions or period of probation. The hearing. In such a case, the provisions regarding
court shall notify either the probationer or the release on bail of persons charged with a crime
probation officer of the filing such an application shall be applicable to probationers arrested
so as to give both parties an opportunity to be under this provision. If the violation is
heard thereon. established, the court may revoke or continue
his probation and modify the conditions thereof.
The court shall inform in writing the probation
If revoked, the court shall order the probationer
officer and the probationer of any change in the
to serve the sentence originally imposed. An
period or conditions of probation.
order revoking the grant of probation or
Section 13. Control and Supervision of modifying the terms and conditions thereof shall
Probationer. The probationer and his probation not be appealable.
program shall be under the control of the court
Section 16. Termination of Probation. After the
who placed him on probation subject to actual
period of probation and upon consideration of
supervision and visitation by a probation officer.
the report and recommendation of the probation
Whenever a probationer is permitted to reside in officer, the court may order the final discharge of
a place under the jurisdiction of another court, the probationer upon finding that he has fulfilled
control over him shall be transferred to the the terms and conditions of his probation and
Executive Judge of the Court of First Instance of thereupon the case is deemed terminated.
that place, and in such a case, a copy of the
The final discharge of the probationer shall
probation order, the investigation report and
operate to restore to him all civil rights lost or
other pertinent records shall be furnished said
suspend as a result of his conviction and to fully
Executive Judge. Thereafter, the Executive
discharge his liability for any fine imposed as to
Judge to whom jurisdiction over the probationer
the offense for which probation was granted.
is transferred shall have the power with respect
to him that was previously possessed by the The probationer and the probation officer shall
court which granted the probation. each be furnished with a copy of such order.
Section 14.Period of Probation. Section 17. Confidentiality of Records. The
investigation report and the supervision history
(a) The period of probation of a
of a probationer obtained under this Decree
defendant sentenced to a term of
shall be privileged and shall not be disclosed
imprisonment of not more than one year
directly or indirectly to anyone other than the
shall not exceed two years, and in all
Probation Administration or the court concerned,
other cases, said period shall not
except that the court, in its discretion, may
exceed six years.
permit the probationer of his attorney to inspect
(b) When the sentence imposes a fine the aforementioned documents or parts thereof
only and the offender is made to serve whenever the best interest of the probationer
subsidiary imprisonment in case of make such disclosure desirable or helpful:
insolvency, the period of probation shall Provided, Further, That, any government office
not be less than nor to be more than or agency engaged in the correction or
twice the total number of days of rehabilitation of offenders may, if necessary,
subsidiary imprisonment as computed at obtain copies of said documents for its official
the rate established, in Article thirty-nine use from the proper court or the Administration.
of the Revised Penal Code, as
Section 18.The Probation Administration.There
amended.
is hereby created under the Department of
Section 15. Arrest of Probationer; Subsequent Justice an agency to be known as the Probation
Disposition. At any time during probation, the Administration herein referred to as the
court may issue a warrant for the arrest of a Administration, which shall exercise general
probationer for violation of any of the conditions supervision over all probationers.
of probation. The probationer, once arrested and
The Administration shall have such staff,
detained, shall immediately be brought before
operating units and personnel as may be
the court for a hearing, which may be informal
and summary, of the violation charged. The

33
necessary for the proper execution of its Assistant Probation Administrator, a person must
functions. be at least thirty-five years of age, holder of a
master's degree or its equivalent in either
Section 19. Probation Administration. The
criminology, social work, corrections, penology,
Administration shall be headed by the Probation
psychology, sociology, public administration, law,
Administrator, hereinafter referred to as the
police science, police administration, or related
Administrator, who shall be appointed by the
fields, and should have at least five years of
President of the Philippines. He shall hold office
supervisory experience, or be a member of the
during good behavior and shall not be removed
Philippine Bar with at least seven years of
except for cause.
supervisory experience.
The Administrator shall receive an annual salary
Section 22.Regional Office; Regional Probation
of at least forty thousand pesos. His powers and
Officer. The Administration shall have regional
duties shall be to:
offices organized in accordance with the field
(a) act as the executive officer of the service area patterns established under the
Administration; Integrated Reorganization Plan.
(b) exercise supervision and control Such regional offices shall be headed by a
over all probation officers; Regional Probation Officer who shall be
(c) make annual reports to the Secretary appointed by President of the Philippines in
of Justice, in such form as the latter may accordance with the Integrated Reorganization
prescribe, concerning the operation, Plan and upon the recommendation of the
administration and improvement of the Secretary of Justice.
probation system; The Regional Probation Officer shall exercise
(d) promulgate, subject to the approval supervision and control over all probation officer
of the Secretary of Justice, the within his jurisdiction and such duties as may
necessary rules relative to the methods assigned to him by the Administrator. He shall
and procedures of the probation have an annual salary of at least twenty-four
process; thousand pesos.

(e) recommend to the Secretary of He shall, whenever necessary, be assisted by

Justice the appointment of the an Assistant Regional Probation Officer who
subordinate personnel of his shall also be appointed by the President of the
Administration and other offices Philippines, upon recommendation of the
established in this Decree; and Secretary of Justice, with an annual salary of at
least twenty thousand pesos.
(f) generally, perform such duties and
exercise such powers as may be Section 23. Provincial and City Probation
necessary or incidental to achieve the Officers. There shall be at least one probation
objectives of this Decree. officer in each province and city who shall be
appointed by the Secretary of Justice upon
S e c t i o n 2 0 . A s s i s t a n t P r o b a t i o n recommendation of the Administrator and in
Administrator. There shall be an Assistant accordance with civil service law and rules.
Probation Administrator who shall assist the
Administrator perform such duties as may be The Provincial or City Probation Officer shall
assigned to him by the latter and as may be receive an annual salary of at least eighteen
provided by law. In the absence of the thousand four hundred pesos.
Administrator, he shall act as head of the His duties shall be to:
Administration.
(a) investigate all persons referred to
He shall be appointed by the President of the him for investigation by the proper court
Philippines and shall receive an annual salary of or the Administrator;
at least thirty-six thousand pesos.
(b) instruct all probationers under his
Section 21. Qualifications of the Administrator supervision of that of the probation aide
and Assistant Probation Administrator. To be on the terms and conditions of their
eligible for Appointment as Administrator or probations;

34
 (c) keep himself informed of the conduct Section 26.Organization.Within twelve months
and condition of probationers under his from the approval of this Decree, the Secretary
charge and use all suitable methods to of Justice shall organize the administrative
bring about an improvement in their structure of the Administration and the other
conduct and conditions; agencies created herein. During said period, he
shall also determine the staffing patterns of the
(d) maintain a detailed record of his
regional, provincial and city probation offices
work and submit such written reports as
with the end in view of achieving maximum
may be required by the Administration or
efficiency and economy in the operations of the
the court having jurisdiction over the
probation system.
probationer under his supervision;
Section 27. Field Assistants, Subordinate
(e) prepare a list of qualified residents of
Personnel, Provincial or City Probation Officers
the province or city where he is
shall be assisted by such field assistants and
assigned who are willing to act as
subordinate personnel as may be necessary to
probation aides;
enable them to carry out their duties effectively.
(f) supervise the training of probation
Section 28. Probation Aides. To assist the
aides and oversee the latter's
Provincial or City Probation Officers in the
supervision of probationers;
supervision of probationers, the Probation
(g) exercise supervision and control Administrator may appoint citizens of good
over all field assistants, probation aides repute and probity to act as probation aides.
and other personnel; and
Probation Aides shall not receive any regular
(h) perform such duties as may be compensation for services except for reasonable
assigned by the court or the travel allowance. They shall hold office for such
Administration. period as may be determined by the Probation
Section 24.Miscellaneous Powers of Provincial Administrator. Their qualifications and maximum
and City Probation Officers. Provincial or City case loads shall be provided in the rules
Probation Officers shall have the authority within promulgated pursuant to this Decree.
their territorial jurisdiction to administer oaths Section 29. Violation of Confidential Nature of
and acknowledgments and to take depositions in Probation Records.The penalty of imprisonment
connection with their duties and functions under ranging from six months and one day to six
this Decree. They shall also have, with respect years and a fine ranging from hundred to six
to probationers under their care, the powers of thousand pesos shall be imposed upon any
police officer. person who violates Section 17 hereof.
Section 25.Qualifications of Regional, Assistant Section 30. Appropriations. There is hereby
Regional, Provincial, and City Probation authorized the appropriation of the sum of Six
Officers. No person shall be appointed Regional Million Five Hundred Thousand Pesos or so
or Assistant Regional or Provincial or City much as may be necessary, out of any funds in
Probation Officer unless he possesses at least a t h e N a t i o n a l Tr e a s u r y n o t o t h e r w i s e
bachelor's degree with a major in social work, appropriated, to carry out the purposes of this
sociology, psychology, criminology, penology, Decree. Thereafter, the amount of at least Ten
corrections, police science, administration, or Million Five Hundred Thousand Pesos or so
related fields and has at least three years of much as may be necessary shall be included in
experience in work requiring any of the the annual appropriations of the national
abovementioned disciplines, or is a member of government.
the Philippine Bar with at least three years of
Section 31.Repealing Clause.All provisions of
supervisory experience.
existing laws, orders and regulations contrary to
Whenever practicable, the Provincial or City or inconsistent with this Decree are hereby
Probation Officer shall be appointed from among repealed or modified accordingly.
qualified residents of the province or city where
Section 32. Separability of Provisions. If any
he will be assigned to work.
part, section or provision of this Decree shall be
held invalid or unconstitutional, no other parts,

35
sections or provisions hereof shall be affected amount equivalent to the highest minimum wage
thereby. rate prevailing in the Philippines at the time of
the rendition of judgment of conviction by the
Section 33. Effectivity. This Decree shall take
trial court, subject to the following rules:
effect upon its approval: Provided, However,
That, the application of its substantive provisions "1. If the principal penalty imposed be prision
concerning the grant of probation shall only take correctional or arrestoand fine, he shall remain
effect twelve months after the certification by the under confinement until his fine referred in the
Secretary of Justice to the Chief Justice of the preceding paragraph is satisfied, but his
Supreme Court that the administrative structure subsidiary imprisonment shall not exceed one-
of the Probation Administration and of the other third of the term of the sentence, and in no case
agencies has been organized. shall it continue for more than one year, and no
fraction or part of a day shall be counted against
DONE in the City of Manila, this 24th day of July
the prisoner.
in the year of Our Lord, nineteen hundred and
seventy-six. "2. When the principal penalty imposed be only
a fine, the subsidiary imprisonment shall not
exceed six months, if the culprit shall have been
prosecuted for a grave or less grave felony, and
shall not exceed fifteen days, if for a fight felony.
"3. When the principal penalty imposed is higher
than prision correctional, no subsidiary
imprisonment shall be imposed upon the culprit.
"4. If the principal penalty imposed is not to be
executed by confinement in a penal institution,
but such penalty is of fixed duration, the convict,
during the period of time established in the
Republic of the Philippines preceding rules, shall continue to suffer the
CONGRESS OF THE PHILIPPINES same deprivations as those of which the
Metro Manila principal penalty consists.
Fifteenth Congress "5. The subsidiary personal liability which the
Second Regular Session convict may have suffered by reason of his
Begun and held in Metro Manila, on Monday, the insolvency shall not relieve him from the fine in
twenty-fifth day of July, two thousand eleven. case his financial circumstances should
improve." (As amended by Republic Act No.
REPUBLIC ACT NO. 10159, 5465, which lapsed into law on April 21, 1969.)
April 10, 2012 Section 2. Separability Clause. If any
provision or part hereof is held invalid or
AN ACT AMENDING ARTICLE 39 OF ACT NO. unconstitutional, the remainder of the law or the
3815, AS AMENDED, OTHERWISE KNOWN provision not otherwise affected shall remain
AS THE REVISED PENAL CODE valid and subsisting.
Be it enacted by the Senate and House of Section 3. Repealing Clause. All laws,
Representatives of the Philippines in Congress presidential decrees or issuances, executive
assembled: orders, letters of instruction, administrative
Section 1. Article 39 of Act No. 3815, as orders or rules and regulations which may be
amended, is hereby further amended to read as inconsistent with this Act shall be deemed
follows: repealed, amended or modified accordingly.
"Art. 39.Subsidiary Penalty. If the convict has Section 4.Effectivity. This Act shall take effect
no property with which to meet the fine fifteen (15) days following its publication in the
mentioned in paragraph 3 of the next preceding Official Gazette or in two (2) newspapers of
article, he shall be subject to a subsidiary general circulation.
personal liability at the rate of one day for each Approved,

36
This Act which is a consolidation of Senate Bill "2. When upon being
No. 2808 and House Bill No. 600 was finally summoned for the execution of
passed by the Senate and the House of their sentence they have failed
Representatives on May 23, 2011 and January to surrender voluntarily.
30, 2012, respectively. "If the detention prisoner does not agree
Approved: April 10, 2012 to abide by the same disciplinary rules
imposed upon convicted prisoners, he
shall do so in writing with the assistance
of a counsel and shall be credited in the
Republic of the Philippines service of his sentence with four-fifths of
CONGRESS OF THE PHILIPPINES the time during which he has undergone
Metro Manila preventive imprisonment.

Fifteenth Congress "Credit for preventive imprisonment for

Third Regular Session the penalty of reclusion perpetua shall
be deducted from thirty (30) years.
Begun and held in Metro Manila, on Monday, the 1wphi1
twenty-third day of July, two thousand twelve.
"Whenever an accused has undergone
REPUBLIC ACT No. 10592 preventive imprisonment for a period
equal to the possible maximum
AN ACT AMENDING ARTICLES 29, 94, 97, 98
imprisonment of the offense charged to
AND 99 OF ACT NO. 3815, AS AMENDED,
which he may be sentenced and his
OTHERWISE KNOWN AS THE REVISED
case is not yet terminated, he shall be
PENAL CODE
released immediately without prejudice
Be it enacted by the Senate and House of to the continuation of the trial thereof or
Representatives of the Philippines in Congress the proceeding on appeal, if the same is
assembled: under review. Computation of preventive
Section 1. Article 29 of Act No. 3815, as imprisonment for purposes of immediate
amended, otherwise known as the Revised release under this paragraph shall be
Penal Code, is hereby further amended to read the actual period of detention with good
as follows: conduct time allowance: Provided,
however, That if the accused is absent
" A RT. 2 9 . P e r i o d o f p r e v e n t i v e without justifiable cause at any stage of
imprisonment deducted from term of t h e t r i a l , t h e c o u r t m a y m o t u
imprisonment. Offenders or accused proprio order the rearrest of the
who have undergone preventive a c c u s e d : P r o v i d e d , fi n a l l y, T h a t
imprisonment shall be credited in the recidivists, habitual delinquents,
service of their sentence consisting of escapees and persons charged with
deprivation of liberty, with the full time heinous crimes are excluded from the
during which they have undergone coverage of this Act. In case the
preventive imprisonment if the detention maximum penalty to which the accused
prisoner agrees voluntarily in writing may be sentenced is lestierro, he shall
after being informed of the effects be released after thirty (30) days of
thereof and with the assistance of preventive imprisonment."
counsel to abide by the same
d i sci p l i n a ry ru l e s i mp o se d u p o n Section 2. Article 94 of the same Act is hereby
convicted prisoners, except in the further amended to read as follows:
following cases: "ART. 94. Partial extinction of criminal
"1. When they are recidivists, or l i a b i l i t y. C r i m i n a l l i a b i l i t y i s
have been convicted previously extinguished partially:
twice or more times of any "1. By conditional pardon;
crime; and
"2. By commutation of the
sentence; and

37
 "3. For good conduct "An appeal by the accused shall not
allowances which the culprit deprive him of entitlement to the above
may earn while he is undergoing allowances for good conduct."
preventive imprisonment or Section 4. Article 98 of the same Act is hereby
serving his sentence." further amended to read as follows:
Section 3. Article 97 of the same Act is hereby "ART. 98. Special time allowance for
further amended to read as follows: loyalty. A deduction of one fifth of the
"ART. 97.Allowance for good conduct. period of his sentence shall be granted
The good conduct of any offender to any prisoner who, having evaded his
qualified for credit for preventive preventive imprisonment or the service
imprisonment pursuant to Article 29 of of his sentence under the circumstances
this Code, or of any convicted prisoner mentioned in Article 158 of this Code,
in any penal institution, rehabilitation or gives himself up to the authorities within
detention center or any other local jail 48 hours following the issuance of a
shall entitle him to the following proclamation announcing the passing
deductions from the period of his away of the calamity or catastrophe
sentence: referred to in said article. A deduction of
two-fifths of the period of his sentence
"1. During the first two years of
shall be granted in case said prisoner
imprisonment, he shall be
chose to stay in the place of his
allowed a deduction of twenty
c o n fi n e m e n t n o t w i t h s t a n d i n g t h e
days for each month of good
existence of a calamity or catastrophe
behavior during detention;
enumerated in Article 158 of this Code.
"2. During the third to the fifth
"This Article shall apply to any prisoner
y e a r, i n c l u s i v e , o f h i s
whether undergoing preventive
imprisonment, he shall be
imprisonment or serving sentence."
allowed a reduction of twenty-
three days for each month of Section 5. Article 99 of the same Act is hereby
good behavior during detention; further amended to read as follows:"
"3. During the following years " A R T . 9 9 . W h o g r a n t s t i m e
until the tenth year, inclusive, of allowances. Whenever lawfully
his imprisonment, he shall be justified, the Director of the Bureau of
allowed a deduction of twenty- Corrections, the Chief of the Bureau of
five days for each month of Jail Management and Penology and/or
good behavior during detention; the Warden of a provincial, district,
municipal or city jail shall grant
"4. During the eleventh and
allowances for good conduct. Such
successive years of his
allowances once granted shall not be
imprisonment, he shall be
revoked."
allowed a deduction of thirty
days for each month of good Section 6. Penal Clause. Faithful compliance
behavior during detention; and with the provisions of this Act is hereby
mandated. As such, the penalty of one (1) year
"5. At any time during the period
imprisonment, a fine of One hundred thousand
of imprisonment, he shall be
pesos (P100,000.00) and perpetual
allowed another deduction of
disqualification to hold office shall be imposed
fifteen days, in addition to
against any public officer or employee who
numbers one to four hereof, for
violates the provisions of this Act.
each month of study, teaching
or mentoring service time S e c t i o n 7 . I m p l e m e n t i n g R u l e s a n d
rendered. Regulations. The Secretary of the Department
of Justice (DOJ) and the Secretary of the
Department of the Interior and Local
Government (DILG) shall within sixty (60) days

38
from the approval of this Act, promulgate rules
and regulations on the classification system for
good conduct and time allowances, as may be
necessary, to implement the provisions of this
Act.
Section 8. Separability Clause. If any part
hereof is held invalid or unconstitutional, the
remainder of the provisions not otherwise
affected shall remain valid and subsisting.
Section 9. Repealing Clause. Any law,
presidential decree or issuance, executive order,
letter of instruction, administrative order, rule or
regulation contrary to or inconsistent with the
provisions of this Act is hereby repealed,
modified or amended accordingly.
Section 10. Effectivity Clause. This Act shall
take effect fifteen (15) days from its publication MALACAANG
in theOfficial Gazetteor in at least two (2) new Manila
papers of general circulation.
PRESIDENTIAL DECREE No.
Approved: MAY 29 2013
1829
PENALIZING OBSTRUCTION OF
APPREHENSION AND PROSECUTION OF
CRIMINAL OFFENDERS
WHEREAS, crime and violence continue to
proliferate despite the sustained vigorous efforts
of the government to effectively contain them;
WHEREAS, to discourage public indifference or
apathy towards the apprehension and
prosecution of criminal offenders, it is necessary
to penalize acts which obstruct or frustrate or
tend to obstruct or frustrate the successful
apprehension and prosecution of criminal
offenders;
NOW, THEREFORE, I, FERDINAND, E.
MARCOS, President of the Philippines, by virtue
of the powers vested in me by law do hereby
decree and order the following:
Section 1.The penalty of prision correccional in
its maximum period, or a fine ranging from 1,000
to 6,000 pesos, or both, shall be imposed upon
any person who knowingly or willfully obstructs,
impedes, frustrates or delays the apprehension
of suspects and the investigation and
prosecution of criminal cases by committing any
of the following acts:
(a) preventing witnesses from testifying
in any criminal proceeding or from
reporting the commission of any offense
or the identity of any offender/s by

39
means of bribery, misrepresentation, from appearing in the investigation of or
deceit, intimidation, force or threats; in official proceedings in, criminal cases;
(b) altering, destroying, suppressing or (i) giving of false or fabricated
c o n c e a l i n g a n y p a p e r, r e c o r d , information to mislead or prevent the
document, or object, with intent to impair law enforcement agencies from
its verity, authenticity, legibility, apprehending the offender or from
availability, or admissibility as evidence protecting the life or property of the
in any investigation of or official victim; or fabricating information from
proceedings in, criminal cases, or to be the data gathered in confidence by
used in the investigation of, or official investigating authorities for purposes of
proceedings in, criminal cases; background information and not for
publication and publishing or
(c) harboring or concealing, or
disseminating the same to mislead the
facilitating the escape of, any person he
investigator or to the court.
knows, or has reasonable ground to
believe or suspect, has committed any If any of the acts mentioned herein is penalized
offense under existing penal laws in by any other law with a higher penalty, the
order to prevent his arrest prosecution higher penalty shall be imposed.
and conviction; Section 2. If any of the foregoing acts is
(d) publicly using a fictitious name for committed by a public official or employee, he
the purpose of concealing a crime, shall in addition to the penalties provided
evading prosecution or the execution of thereunder, suffer perpetual disqualification from
a judgment, or concealing his true name holding public office.
and other personal circumstances for Section 3. This Decree shall take effect
the same purpose or purposes; immediately.
(e) delaying the prosecution of criminal Done in the City of Manila, this 16th day of
cases by obstructing the service of January, in the year of Our Lord, nineteen
process or court orders or disturbing hundred and eighty-one.
proceedings in the fiscal's offices, in
Tanodbayan, or in the courts;
(f) making, presenting or using any
record, document, paper or object with
knowledge of its falsity and with intent to
affect the course or outcome of the
investigation of, or official proceedings
in, criminal cases;
(g) soliciting, accepting, or agreeing to
accept any benefit in consideration of
abstaining from, discounting, or
impeding the prosecution of a criminal
offender;
(h) threatening directly or indirectly
another with the infliction of any wrong
upon his person, honor or property or
that of any immediate member or
members of his family in order to
prevent such person from appearing in
t h e i n v e s t i g a t i o n o f , o r o f fi c i a l
proceedings in, criminal cases, or
imposing a condition, whether lawful or
unlawful, in order to prevent a person

40
 NOW, THEREFORE, I, FERDINAND E.
MARCOS, President of the Philippines by virtue
of the powers vested in me by the Constitution,
do hereby order and decree as part of the law of
the land the following:
Section 1.Title. This decree shall be known as
the Anti-Fencing Law.
Section 2. Definition of Terms. The following
terms shall mean as follows:
(a) "Fencing" is the act of any person
who, with intent to gain for himself or for
another, shall buy, receive, possess,
keep, acquire, conceal, sell or dispose
of, or shall buy and sell, or in any other
manner deal in any article, item, object
or anything of value which he knows, or
should be known to him, to have been
derived from the proceeds of the crime
of robbery or theft.
(b) "Fence" includes any person, firm,
association corporation or partnership or
other organization who/which commits
the act of fencing.
Section 3. Penalties. Any person guilty of
fencing shall be punished as hereunder
indicated:
MALACAANG (a) The penalty of prision mayor, if the
Manila value of the property involved is more
than 12,000 pesos but not exceeding
PRESIDENTIAL DECREE No. 22,000 pesos; if the value of such
1612 property exceeds the latter sum, the
penalty provided in this paragraph shall
ANTI-FENCING LAW OF 1979
be imposed in its maximum period,
WHEREAS, reports from law enforcement adding one year for each additional
agencies reveal that there is rampant robbery 10,000 pesos; but the total penalty
and thievery of government and private which may be imposed shall not exceed
properties; twenty years. In such cases, the penalty
WHEREAS, such robbery and thievery have shall be termed reclusion temporal and
become profitable on the part of the lawless the accessory penalty pertaining thereto
elements because of the existence of ready provided in the Revised Penal Code
buyers, commonly known as fence, of stolen shall also be imposed.
properties; (b) The penalty of prision correccional in
WHEREAS, under existing law, a fence can be its medium and maximum periods, if the
prosecuted only as an accessory after the fact value of the property robbed or stolen is
and punished lightly; more than 6,000 pesos but not
exceeding 12,000 pesos.
WHEREAS, is imperative to impose heavy
penalties on persons who profit by the effects of (c) The penalty of prision correccional in
the crimes of robbery and theft. its minimum and medium periods, if the
value of the property involved is more

41
 than 200 pesos but not exceeding 6,000 Done in the City of Manila, this 2nd day of
pesos. March, in the year of Our Lord, nineteen
hundred and seventy-nine.
(d) The penalty of arresto mayor in its
medium period to prision correccional in RULES AND REGULATIONS TO CARRY OUT
its minimum period, if the value of the THE PROVISIONS OF SECTION 6 OF
property involved is over 50 pesos but PRESIDENTIAL DECREE NO. 1612, KNOWN
not exceeding 200 pesos. AS THE ANTI-FENCING LAW.
(e) The penalty of arresto mayor in its Pursuant to Section 6 of Presidential Decree No.
medium period if such value is over five 1612, known as the Anti-Fencing Law, the
(5) pesos but not exceeding 50 pesos. following rules and regulations are hereby
promulgated to govern the issuance of
(f) The penalty of arresto mayor in its
clearances/permits to sell used secondhand
minimum period if such value does not
articles obtained from an unlicensed dealer or
exceed 5 pesos.
supplier thereof:
Section 4. Liability of Officials of Juridical
I. Definition of Terms
Persons. If the fence is a partnership, firm,
corporation or association, the president or the 1. "Used secondhand article" shall refer
manager or any officer thereof who knows or to any goods, article, item, object or
should have known the commission of the anything of value obtained from an
offense shall be liable. unlicensed dealer or supplier, regardless
of whether the same has actually or in
Section 5. Presumption of Fencing. Mere
fact been used.
possession of any good, article, item, object, or
anything of value which has been the subject of 2. "Unlicensed dealer/supplier" shall
robbery or thievery shall be prima facie evidence refer to any persons, partnership, firm,
of fencing. corporation, association or any other
entity or establishment not licensed by
Section 6. Clearance/Permit to Sell/Used
the government to engage in the
Second Hand Articles. For purposes of this Act,
business of dealing in or of supplying
all stores, establishments or entities dealing in
the articles defined in the preceding
the buy and sell of any good, article item, object
paragraph.
of anything of value obtained from an unlicensed
dealer or supplier thereof, shall before offering 3. "Store", "establishment" or "entity"
the same for sale to the public, secure the shall be construed to include any
necessary clearance or permit from the station individual dealing in the buying and
commander of the Integrated National Police in selling used secondhand articles, as
the town or city where such store, establishment defined in paragraph hereof.
or entity is located. The Chief of Constabulary/ 4. "Buy and Sell" refer to the transaction
Director General, Integrated National Police whereby one purchases used
shall promulgate such rules and regulations to secondhand articles for the purpose of
carry out the provisions of this section. Any resale to third persons.
person who fails to secure the clearance or
permit required by this section or who violates 5. "Station Commander" shall refer to
any of the provisions of the rules and regulations the Station Commander of the
promulgated thereunder shall upon conviction Integrated National Police within the
be punished as a fence. territorial limits of the town or city district
where the store, establishment or entity
Section 7. Repealing Clause. All laws or parts dealing in the buying and selling of used
thereof, which are inconsistent with the secondhand articles is located.
provisions of this Decree are hereby repealed or
modified accordingly. II. Duty to Procure Clearance or Permit
Section 8. Effectivity. This Decree shall take 1. No person shall sell or offer to sell to
effect upon approval. the public any used secondhand article
as defined herein without first securing a

42
 clearance or permit for the purpose from whatever source and the names
the proper Station Commander of the and addresses of the persons
Integrated National Police. from whom such articles were
acquired.
2. If the person seeking the clearance or
permit is a partnership, firm, corporation, (b) A full list of articles to be sold
or association or group of individuals, or offered for sale as well as the
the clearance or permit shall be place where the date when the
obtained by or in the name of the sale or offer for sale shall
president, manager or other responsible commence.
officer-in-charge thereof. (c) The place where the articles
3 . I f a s t o r e , fi r m , c o r p o r a t i o n , are presently deposited or kept
partnership, association or other in stock.
establishment or entity has a branch or The Station Commander may, at his
subsidiary and the used secondhand discretion when the circumstances of
article is acquired by such branch or each case warrant, require that the
subsidiary for sale to the public, the said affidavit submitted be accompanied by
branch or subsidiary shall secure the other documents showing proof of
required clearance or permit. legitimacy of the acquisition of the
4. Any goods, article, item, or object or articles.
anything of value acquired from any 2. A party required to secure a clearance
source for which no receipt or equivalent or permit under these rules and
document evidencing the legality of its regulations shall file an application
acquisition could be presented by the therefor with the Station Commander
present possessor or holder thereof, or concerned. The application shall state:
the covering receipt, or equivalent
document, of which is fake, falsified or (a) The name, address and
irregularly obtained, shall be presumed other pertinent circumstances of
as having been acquired from an the persons, in case of an
unlicensed dealer or supplier and the individual or, in the case of a
possessor or holder thereof must secure firm, corporation, association,
the required clearance or permit before partnership or other entity, the
the same can be sold or offered for sale name, address and other
to the public. pertinent circumstances of the
president, manager or officer-in-
III. Procedure for Procurement of Clearances or charge.
Permits
(b) The article to be sold or
1. The Station Commanders concerned offered for sale to the public and
shall require the owner of a store or the the name and address of the
president, manager or responsible unlicensed dealer or supplier
officer-in-charge of a firm, establishment from whom such article was
or other entity located within their acquired.
respective jurisdictions and in
possession of or having in stock used In support of the application, there shall
secondhand articles as defined herein, be attached to it the corresponding
to submit an initial affidavit within thirty receipt or other equivalent document to
(30) days from receipt of notice for the show proof of the legitimacy of
purpose thereof and subsequent acquisition of the article.
affidavits once every fifteen (15) days 3. The Station Commander shall
within five (5) days after the period examine the documents attached to the
covered, which shall contain: application and may require the
(a) A complete inventory of such presentation of other additional
articles acquired daily from documents, if necessary, to show

43
satisfactory proof of the legitimacy of the notice or its posting, it shall
acquisition of the article, subject to the appear that any of the articles in
following conditions: question is stolen property, the
Station Commander shall hold
(a) If the legitimacy of
the article in restraint as
acquisition of any article from an
evidence in any appropriate
unlicensed source cannot be
case to be filed. Articles held in
satisfactorily established by the
restraint shall be kept and
documents presented, the
disposed of as the
Station Commander shall, upon
circumstances of each case
approval of the INP
permit, taking into account all
Superintendent in the district
considerations of right and
and at the expense of the party
justice in the case. In any case
seeking the clearance/permit,
where any article is held in
cause the publication of a notice
restraint, it shall be the duty of
in a newspaper of general
the Station Commander
circulation for two (2)
concerned to advise/notify the
successive days enumerating
Commission on Audit of the
therein the articles acquired
case and comply with such
from an unlicensed dealer or
procedure as may be proper
s u p p l i e r, t h e n a m e s a n d
under applicable existing laws,
addresses of the persons from
rules and regulations.
whom they were acquired and
shall state that such articles are 4. The Station Commander concerned
to be sold or offered for sale to shall, within seventy-two (72) hours from
the public at the address of the receipt of the application, act thereon by
store, establishment or other either issuing the clearance/permit
entity seeking the clearance/ requested or denying the same. Denial
permit. In places where no of an application shall be in writing and
newspapers are in general shall state in brief the reason/s therefor.
circulation, the party seeking the 5. The application, clearance/permit or
clearance or permit shall, the denial thereof, including such other
instead, post a notice daily for documents as may be pertinent in the
one week on the bulletin board implementation of Section 6 of P.D. No.
of the municipal building of the 1612 shall be in the forms prescribed in
town where the store, firm, Annexes "A", "B", "C", "D", and "E"
establishment or entity hereof, which are made integral parts of
concerned is located or, in the these rules and regulations.
case of an individual, where the
articles in his possession are to 6. For the issuance of clearances/permit
be sold or offered for sale. required under Section 6 of P.D. No.
1612, no fee shall be charged.
(b) If after 15 days, upon
expiration of the period of IV. Appeals
publication or of the notice Any party aggrieved by the action taken by the
referred to in the preceding Station Commander may elevate the decision
paragraph, no claim is made taken in the case to the proper INP District
with respect to any of the Superintendent and, if he is still dissatisfied
articles enumerated in the therewith may take the same on appeal to the
notice, the Station Commander INP Director. The decision of the INP Director
shall issue the clearance or may also be appealed to the INP Director-
permit sought. General whose decision may likewise be
(c) If, before expiration of the appealed to the Minister of National Defense.
same period for publication of The decision of the Minister of National Defense

44
on the case shall be final. The appeal against possible the commission of such
the decision taken by a Commander lower than violations by any party required to
the INP Director-General should be filed to the comply with the law and its
next higher Commander within ten (10) days implementing rules and regulations,
from receipt of notice of the decision. The shall be prosecuted criminally without
decision of the INP Director-General should be prejudice to the imposition of
appealed within fifteen (15) days from receipt of administrative penalties.
notice of the decision. VI. Visitorial Power
V. Penalties It shall be the duty of the owner of the store or of
1. Any person who fails to secure the the president, manager or responsible officer-in-
clearance or permit required by Section charge of any firm, establishment or other entity
6 of P.D. 1612 or who violates any of the or of an individual having in his premises articles
provisions of these rules and regulations to be sold or offered for sale to the public to
shall upon conviction be punished as a allow the Station Commander or his authorized
fence. representative to exercise visitorial powers. For
this purpose, however, the power to conduct
2. The INP Director-General shall
visitations shall be exercise only during office or
recommend to the proper authority the
business hours and upon authority in writing
cancellation of the business license of
from and by the INP Superintendent in the
the erring individual, store,
district and for the sole purpose of determining
establishment or the entity concerned.
whether articles are kept in possession or stock
3. Articles obtained from unlicensed contrary to the intents of Section 6 of P.D. No.
sources for sale or offered for sale 1612 and of these rules and regulations.
without prior compliance with the
VII. Other Duties Imposed Upon Station
provisions of Section 6 of P.D. No. 1612
Commanders and INP District Superintendent
and with these rules and regulations
and Directors Following Action on Applications
shall be held in restraint until
for Clearances or Permits
satisfactory evidence or legitimacy of
acquisition has been established. 1. At the end of each month, it shall be
the duty of the Station Commander
4. Articles for which no satisfactory
concerned to:
evidence of legitimacy of acquisition is
established and which are found to be (a) Make and maintain a file in
stolen property shall likewise be held his office of all clearances/
under restraint and shall, furthermore, permit issued by him.
be subject to confiscation as evidence in (b) Submit a full report to the
the appropriate case to be filed. If, upon INP District Superintendent on
termination of the case, the same is not the number of applications for
claimed by their legitimate owners, the clearances or permits
article/s shall be forfeited in favor of the p r o c e s s e d b y h i s o f fi c e ,
government and made subject to indicating therein the number of
disposition as the circumstances clearances/permits issued and
warrant in accordance with applicable the number of applications
existing laws, rules and regulations. The denied. The report shall state
Commission on Audit shall, in all cases, the reasons for denial of an
be notified. application and the
5. Any personnel of the Integrated corresponding follow-up actions
National Police found violating the taken and shall be accompanied
provisions of Section 6 of P.D. No. 1612 by an inventory of the articles to
or any of its implementing rules and be sold or offered for sale in his
regulations or who, in any manner jurisdiction.
whatsoever, connives with or through 2. The INP District Superintendent shall,
his negligence or inaction makes on the basis of the reports submitted by

45
 the Station Commander, in turn submit
quarterly reports to the appropriate INP
Director containing a consolidation of
the information stated in the reports of
Station Commanders in his jurisdiction.
3. Reports from INP District
Superintendent shall serve as basis for
a consolidated report to be submitted
semi-annually by INP Directors to the
Director-General, Integrated National
Police.
4. In all cases, reports emanating from
the different levels of the Integrated ACT NO. 3326 A N A C T TO
National Police shall be accompanied
ESTABLISH PERIODS OF PRESCRIPTION
with full and accurate inventories of the
articles acquired from unlicensed FOR VIOLATIONS PENALIZED BY SPECIAL
dealers or suppliers and proposed to be ACTS AND MUNICIPAL ORDINANCES AND
s o l d o r o ff e r e d f o r s a l e i n t h e TO PROVIDE WHEN PRESCRIPTION SHALL
jurisdictions covered by the report. BEGIN TO RUN
These implementing rules and regulations,
having been published in a newspaper of
national circulation, shall take effect on June 15, Section 1. Violations penalized by special acts
1979. shall, unless otherwise provided in such acts,
FOR THE CHIEF OF CONSTABULARY prescribe in accordance with the following rules:
DIRECTOR-GENERAL, INP: (a) after a year for offenses punished only by a
fine or by imprisonment for not more than one
month, or both; (b) after four years for those
punished by imprisonment for more than one
month, but less than two years; (c) after eight
years for those punished by imprisonment for
two years or more, but less than six years; and
(d) after twelve years for any other offense
punished by imprisonment for six years or more,
except the crime of treason, which shall
prescribe after twenty years. Violations
penalized by municipal ordinances shall
prescribe after two months.

Sec. 2. Prescription shall begin to run from the

day of the commission of the violation of the law,
and if the same be not known at the time, from
the discovery thereof and the institution of
judicial proceeding for its investigation and
punishment.

The prescription shall be interrupted when

proceedings are instituted against the guilty
person, and shall begin to run again if the

46
proceedings are dismissed for reasons not
constituting jeopardy.

Sec. 3. For the purposes of this Act, special acts

shall be acts defining and penalizing violations
of the law not included in the Penal Code.

Sec. 4. This Act shall take effect on its approval.

Republic of the Philippines

Congress of the Philippines
Metro Manila
Fourteenth Congress
Third Regular Session

Begun and held in Metro Manila, on Monday, the
twenty-seventh day of July, two thousand nine.

REPUBLIC ACT N0. 9745

AN ACT PENALIZING TORTURE AND OTHER
CRUEL, INHUMAN AND DEGRADING
T R E AT M E N T O R P U N I S H M E N T A N D
PRESCRIBING PENALTIES THEREFOR
Be it enacted by the Senate and House of
Representatives of the Philippines in Congress
assembled:
Section 1.Short Title.- This Ad shall be known
as the"Anti-Torture Act of 2009".
Section 2. Statement of Policy. - It is hereby
declared the policy of the State:
(a) To value the dignity of every human
person and guarantee full respect for
human rights;
(b) To ensure that the human rights of all
persons, including suspects, detainees
and prisoners are respected at all times;
and that no person placed under
investigation or held in custody of any
person in authority or, agent of a person
authority shall be subjected to physical,
psychological or mental harm, force,
violence, threat or intimidation or any act
that impairs his/her free wi11 or in any
manner demeans or degrades human
dignity;

47
 (c) To ensure that secret detention severity causing suffering, gross
places, solitary, incommunicado or other humiliation or debasement to the latter.
similar forms of detention, where torture (c) "Victim" refers to the person
may be carried out with impunity, are subjected to torture or other cruel,
prohibited; and inhuman and degrading treatment or
(d) To fully adhere to the principles and punishment as defined above and any
standards on the absolute individual who has suffered harm as a
condemnation and prohibition of torture result of any act(s) of torture, or other
as provided for in the 1987 Philippine cruel, inhuman and degrading treatment
Constitution; various international or punishment.
instruments to which the Philippines is a (d) "Order of Battle" refers to any
State party such as, but not limited to, document or determination made by the
the International Covenant on Civil and military, police or any law enforcement
Political Rights (ICCPR), the Convention agency of the government, listing the
on the Rights of the Child (CRC), the names of persons and organizations
Convention on the Elimination of All that it perceives to be enemies of the
Forms of Discrimination Against Women State and that it considers as legitimate
(CEDA W) and the Convention Against targets as combatants that it could deal
Torture and Other Cruel, Inhuman or with, through the use of means allowed
Degrading Treatment or Punishment by domestic and international law.
( C AT ) ; a n d a l l o t h e r r e l e v a n t
international human rights instruments Section 4.Acts of Torture.- For purposes of this
to which the Philippines is a signatory. Act, torture shall include, but not be limited to,
the following:
Section 3. Definitions. - For purposes of this
Act, the following terms shall mean: (a) Physical torture is a form of
treatment or punishment inflicted by a
(a) "Torture" refers to an act by which person in authority or agent of a person
severe pain or suffering, whether in authority upon another in his/her
physical or mental, is intentionally custody that causes severe pain,
inflicted on a person for such purposes exhaustion, disability or dysfunction of
as obtaining from him/her or a third one or more parts of the body, such as:
person information or a confession;
punishing him/her for an act he/she or a (1) Systematic beating,
third person has committed or is headbanging, punching, kicking,
suspected of having committed; or striking with truncheon or rifle
intimidating or coercing him/her or a butt or other similar objects, and
third person; or for any reason based on jumping on the stomach;
discrimination of any kind, when such (2) Food deprivation or forcible
pain or suffering is inflicted by or at the feeding with spoiled food,
instigation of or with the consent or animal or human excreta and
acquiescence of a person in authority or other stuff or substances not
agent of a person in authority. It does normally eaten;
not include pain or Buffering arising only
from, inherent in or incidental to lawful (3) Electric shock;
sanctions. (4) Cigarette burning; burning by
(b) "Other cruel, inhuman and degrading electrically heated rods, hot oil,
treatment or punishment" refers to a acid; by the rubbing of pepper or
deliberate and aggravated treatment or other chemical substances on
punishment not enumerated under mucous membranes, or acids or
Section 4 of this Act, inflicted by a spices directly on the wound(s);
person in authority or agent of a person (5) The submersion of the head
in authority against a person under his/ in water or water polluted with
her custody, which attains a level of excrement, urine, vomit and/or

48
 blood until the brink of (3) Confinement in solitary cells
suffocation; or secret detention places;
(6) Being tied or forced to (4) Prolonged interrogation;
assume fixed and stressful (5) Preparing a prisoner for a
bodily position; "show trial", public display or
(7) Rape and sexual abuse, public humiliation of a detainee
including the insertion of foreign or prisoner;
objects into the sex organ or (6) Causing unscheduled
rectum, or electrical torture of transfer of a person deprived of
the genitals; liberty from one place to
(8) Mutilation or amputation of another, creating the belief that
the essential parts of the body he/she shall be summarily
such as the genitalia, ear, executed;
tongue, etc.; (7) Maltreating a member/s of a
(9) Dental torture or the forced person's family;
extraction of the teeth; (8) Causing the torture sessions
(10) Pulling out of fingernails; to be witnessed by the person's
family, relatives or any third
(11) Harmful exposure to the
party;
elements such as sunlight and
extreme cold; (9) Denial of sleep/rest;
(12) The use of plastic bag and (10) Shame infliction such as
other materials placed over the stripping the person naked,
head to the point of parading him/her in public
asphyxiation; places, shaving the victim's
head or putting marks on his/her
(13) The use of psychoactive
body against his/her will;
drugs to change the perception,
memory. alertness or will of a (11) Deliberately prohibiting the
person, such as: victim to communicate with any
member of his/her family; and
(i) The administration or drugs
to induce confession and/or (12) Other analogous acts of
reduce mental competency; or mental/psychological torture.
(ii) The use of drugs to induce Section 5.Other Cruel, Inhuman and Degrading
extreme pain or certain Treatment or Punishment. - Other cruel,
symptoms of a disease; and inhuman or degrading treatment or punishment
refers to a deliberate and aggravated treatment
(14) Other analogous acts of
or punishment not enumerated under Section 4
physical torture; and
of this Act, inflicted by a person in authority or
(b) "Mental/Psychological Torture" refers agent of a person in authority against another
to acts committed by a person in person in custody, which attains a level of
authority or agent of a person in severity sufficient to cause suffering, gross
authority which are calculated to affect humiliation or debasement to the latter. The
or confuse the mind and/or undermine a assessment of the level of severity shall depend
person's dignity and morale, such as: on all the circumstances of the case, including
(1) Blindfolding; the duration of the treatment or punishment, its
physical and mental effects and, in some cases,
(2) Threatening a person(s) or the sex, religion, age and state of health of the
his/fher relative(s) with bodily victim.
harm, execution or other
wrongful acts; Section 6. Freedom from Torture and Other
Cruel, Inhuman and Degrading Treatment or

49
Punishment, An Absolute Bight. - Torture and torture shall have the following rights in the
other cruel, inhuman and degrading treatment or institution of a criminal complaint for torture:
punishment as criminal acts shall apply to all (a) To have a prompt and an impartial
circumstances. A state of war or a threat of war, investigation by the CHR and by
internal political instability, or any other public agencies of government concerned
emergency, or a document or any determination such as the Department of Justice
comprising an "order of battle" shall not and can (DOJ), the Public Attorney's Office
never be invoked as a justification for torture and (PAO), the PNP, the National Bureau of
other cruel, inhuman and degrading treatment or Investigation (NBI) and the AFP. A
punishment. prompt investigation shall mean a
Section 7. Prohibited Detention. - Secret maximum period of sixty (60) working
detention places, solitary confinement, days from the time a complaint for
incommunicado or other similar forms of t o r t u r e i s fi l e d w i t h i n w h i c h a n
detention, where torture may be carried out with investigation report and/or resolution
impunity. Are hereby prohibited. shall be completed and made available.
An appeal whenever available shall be
In which case, the Philippine National Police
resolved within the same period
(PNP), the Armed Forces of the Philippines
prescribed herein,
(AFP) and other law enforcement. agencies
concerned shall make an updated list of all (b) To have sufficient government
detention centers and facilities under their protection against all forms of
respective jurisdictions with the corresponding harassment; threat and/or intimidation
data on the prisoners or detainees incarcerated as a consequence of the filing of said
or detained therein such as, among others, complaint or the presentation of
names, date of arrest and incarceration, and the evidence therefor. In which case, the
crime or offense committed. This list shall be State through its appropriate agencies
made available to the public at all times, with a shall afford security in order to ensure
copy of the complete list available at the his/her safety and all other persons
respective national headquarters of the PNP and involved in the investigation and
AFP. A copy of the complete list shall likewise be prosecution such as, but not limited to,
submitted by the PNP, AFP and all other law his/her lawyer, witnesses and relatives;
enforcement agencies to the Commission on and
Human Rights (CHR), such list to be periodically (c) To be accorded sufficient protection
updated, by the same agencies, within the first in the manner by which he/she testifies
five (5) days of every month at the minimum. and presents evidence in any fora in
Every regional office of the PNP, AFP and other order to avoid further trauma.
law enforcement agencies shall also maintain a
similar list far all detainees and detention Section 10. Disposition of Writs of Habeas
facilities within their respective areas, and shall Corpus, Amparo and Habeas Data Proceedings
make the same available to the public at all and Compliance with a Judicial 07'der.- A writ of
times at their respective regional headquarters, habeas corpus or writ of amparo or writ of
and submit a copy. updated in the same manner habeas data proceeding, if any, filed on behalf of
provided above, to the respective regional the victim of torture or other cruel, degrading
offices of the CHR. and inhuman treatment or punishment shall be
disposed of expeditiously and any order of
Section 8. Applicability of the Exclusionary release by virtue thereof, or other appropriate
Rule; Exception.- Any confession, admission or order of a court relative thereto, shall be
statement obtained as a result of torture shall be executed or complied with immediately.
inadmissible in evidence in any proceedings,
except if the same is used as evidence against a Section 11. Assistance in Filing a Complaint. -
person or persons accused of committing The CHR and the PAO shall render legal
torture. assistance in the investigation and monitoring
and/or filing of the complaint for a person who
Section 9. Institutional Protection of Torture suffers torture and other cruel, inhuman and
Victims and Other Persons Involved.- A victim of

50
degrading treatment or punishment, or for any (e) The approximate time and date when
interested party thereto. the injury, pain, disease and/or trauma
was/were sustained;
The victim or interested party may also seek
legal assistance from the Barangay Human (f) The place where the injury, pain,
Rights Action Center (BRRAC) nearest him/her disease and/or trauma was/were
as well as from human rights nongovernment sustained;
organizations (NGOs). (g) The time, date and nature of
Section 12. Right to' Physical, Medical and treatment necessary; and
Psychological Examination. - Before and after (h) The diagnosis, the prognosis and/or
interrogation, every person arrested, detained or disposition of the patient.
under custodial investigation shall have the right
to he informed of his/her right to demand Any person who does not wish to avail of the
physical examination by an independent and rights under this pr<;lvision may knowingly and
competent doctor of his/her own choice. If such voluntarily waive such rights in writing, executed
person cannot afford the services of his/her own in the presence and assistance of his/her
doctor, he/she shall he provided by the State counsel.
with a competent and independent doctor to Section 13. Who are Criminally Liable. - Any
conduct physical examination. The State shall person who actually participated Or induced
endeavor to provide the victim with another in the commission of torture or other
psychological evaluation if available under the cruel, inhuman and degrading treatment or
circumstances. If the person arrested is a punishment or who cooperated in the execution
female, she shall be attended to preferably by a of the act of torture or other cruel, inhuman and
female doctor. Furthermore, any person degrading treatment or punishment by previous
arrested, detained or under custodial or simultaneous acts shall be liable as principal
investigation, including his/her immediate family,
shall have the right to immediate access to Any superior military, police or law enforcement
proper and adequate medical treatment. The officer or senior government official who issued
physical examination and/or psychological an order to any lower ranking personnel to
evaluation of the victim shall be contained in a commit torture for whatever purpose shall be
medical report, duly signed by the attending held equally liable as principals.
physician, which shall include in detail his/her The immediate commanding officer of the unit
medical history and findings, and which shall he concerned of the AFP or the immediate senior
attached to the custodial investigation report. public official of the PNP and other law
Such report shall be considered a public enforcement agencies shall be held liable as a
document. principal to the crime of torture or other cruel or
Following applicable protocol agreed upon by inhuman and degrading treatment or
agencies tasked to conduct physical, punishment for any act or omission, or
psychological and mental examinations, the negligence committed by him/her that shall have
medical reports shall, among others, include: led, assisted, abetted or allowed, whether
directly or indirectly, the commission thereof by
(a) The name, age and address of the his/her subordinates. If he/she has knowledge of
patient or victim; or, owing to the circumstances at the time,
(b) The name and address of the should have known that acts of torture or other
nearest kin of the patient or victim; cruel, inhuman and degrading treatment or
punishment shall be committed, is being
(c) The name and address of the person committed, or has been committed by his/her
who brought the patient or victim for subordinates or by others within his/her area of
physical, psychological and mental responsibility and, despite such knowledge, did
examination, and/or medical treatment; not take preventive or corrective action either
(d) The nature and probable cause of before, during or immediately after its
the patient or victim's injury, pain and commission, when he/she has the authority to
disease and/or trauma; prevent or investigate allegations of torture or
other cruel, inhuman and degrading treatment or

51
punishment but failed to prevent or investigate suicidal tendencies of the victim due to
allegations of such act, whether deliberately or guilt, worthlessness or shame.
due to negligence shall also be liable as (c) The penalty of prision correccional
principals. shall be imposed on those who commit
Any public officer or employee shall be liable as any act of torture resulting in
an accessory if he/she has knowledge that psychological, mental and emotional
torture or other cruel, inhuman and degrading harm other than those described 1n
treatment or punishment is being committed and paragraph (b) of this section. '
without having participated therein, either as (d) The penalty of prision mayor in its
principal or accomplice, takes part subsequent medium and maximum periods shall be
to its commission in any of the following manner: imposed if, in consequence of torture,
(a) By themselves profiting from or the victim shall have lost the power of
assisting the offender to profit from the speech or the power to hear or to smell;
effects of the act of torture or other or shall have lost an eye, a hand, a foot,
cruel, inhuman and degrading treatment an arm or a leg; or shall have lost the
or punishment; use of any such member; Or shall have
become permanently incapacitated for
(b) By concealing the act of torture or
labor.
other cruel, inhuman and degrading
treatment or punishment and/or (e) The penalty of prision mayor in its
destroying the effects or instruments minimum and medium periods shall be
thereof in order to prevent its discovery; imposed if, in consequence of torture,
or(c) By harboring, concealing or the victim shall have become deformed
assisting m the escape of the principal/s or shall have lost any part of his/her
in the act of torture or other cruel, body other than those aforecited, or
inhuman and degrading treatment or shall have lost the use thereof, or shall
punishment: Provided, That the have been ill or incapacitated for labor
accessory acts are done with the abuse for a period of more than ninety (90)
of the official's public functions. days.
Section 14. Penalties. - (a) The penalty of (f) The penalty of prision correccional in
reclusion perpetua shall be imposed upon the its maximum period to prision mayor in
perpetrators of the following acts: its minimum period shall be imposed if,
in consequence of torture, the victim
(1) Torture resulting in the death
shall have been ill or incapacitated for
of any person;
labor for mare than thirty (30) days but
( 2 ) To r t u r e r e s u l t i n g i n not more than ninety (90) days.
mutilation;
(g) The penalty of prision correccional in
(3) Torture with rape; its minimum and medium period shall be
(4) Torture with other forms of imposed if, in consequence of torture,
sexual abuse and, in the victim shall have been ill or
consequence of torture, the incapacitated for labor for thirty (30)
victim shall have become days or less.
insane, imbecile, impotent, blind (h) The penalty of arresto mayor shall be
or maimed for life; and imposed for acts constituting cruel,
(5) Torture committed against inhuman or degrading treatment or
children. punishment as defined in Section 5 of
this Act.
(b) The penalty of reclusion temporal
shall be imposed on those who commit (i) The penalty of prision correccional
any act of mental/psychological torture shall be imposed upon those who
resulting in insanity, complete or partial establish, operate and maintain secret
amnesia, fear of becoming insane or detention places and/or effect or cause
t o e f f e c t s o l i t a r y c o n fi n e m e n t ,

52
 incommunicado or other similar forms of Provided, That in no case shall compensation be
prohibited detention as provided in a n y l o w e r t h a n Te n t h o u s a n d p e s o s
Section 7 of this Act where torture may (P10,000.00). Victims of torture shall also have
be carried out with impunity. the right to claim for compensation from such
other financial relief programs that may be made
(j) The penalty of arresto mayor shall be
available to him/her under existing law and rules
imposed upon the responsible officers
and regulations.
or personnel of the AFP, the PNP and
other law enforcement agencies for Section 19. Formulation of a Rehabilitation
failure to perform his/her duty to Program. - Within one (1) year from the
maintain, submit or make available to effectivity of this Act, the Department of Social
the public an updated list of detention Welfare and Development (DSWD), the DOJ
centers and facilities with the and the Department of Health (DOH) and such
corresponding data on the prisoners or other concerned government agencies, and
detainees incarcerated or detained human rights organizations shall formulate a
therein, pursuant to Section 7 of this Act. comprehensive rehabilitation program for victims
of torture and their families. The DSWD, the
Section 15. Torture as a Separate and
DOJ and thc DOH shall also call on human
Independent Crime. - Torture as a crime shall
rights nongovernment organizations duly
not absorb or shall not be absorbed by any other
recognized by the government to actively
crime or felony committed as a consequence, or
participate in the formulation of such program
as a means in the conduct or commission
that shall provide for the physical, mental, social,
thereof. In which case, torture shall be treated
psychological healing and development of
as a separate and independent criminal act
victims of torture and their families. Toward the
whose penalties shall be imposable without
attainment of restorative justice, a parallel
prejudice to any other criminal liability provided
rehabilitation program for persons who have
for by domestic and international laws.
committed torture and other cruel, inhuman and
Section 16. Exclusion from the Coverage of degrading punishment shall likewise be
Special Amnesty Law. - In order not to formulated by the same agencies.
depreciate the crime of torture, persons who
Section 20. Monitoring of Compliance with this
have committed any act of torture shall not
Act.- An Oversight Committee is hereby created
benefit from any special amnesty law or similar
to periodically oversee the implementation of
measures that will have the effect of exempting
this Act. The Committee shall be headed by a
them from any criminal proceedings and
Commissioner of the CRR, with the following as
sanctions.
members: the Chairperson of the Senate
Section 17. Applicability of Refouler. - No Committee on Justice and Human Rights, the
person shall be expelled, returned or extradited respective Chairpersons of the House of
to another State where there are substantial Representatives' Committees on Justice and
grounds to believe that such person shall be in Human Rights, and the Minority Leaders of both
danger of being subjected to torture. For the houses or their respective representatives in the
purposes of determining whether such grounds minority.
exist, the Secretary of the Department of
Section 21. Education and Information
Foreign Affairs (DFA) and the Secretary of the
Campaign.- The CHR, the DOJ, the Department
DOJ, in coordination with the Chairperson of the
of National Defense (DND), the Department of
CHR, shall take into account all relevant
the Interior and Local Government (DILG) and
considerations including, where applicable and
such other concerned parties in both the public
not limited to, the existence in the requesting
and private sectors shall ensure that education
State of a consistent pattern of gross, flagrant or
and information regarding prohibition against
mass violations of human rights.
torture and other cruel, inhuman and degrading
Section 18. Compensation to Victims of treatment or punishment shall be fully included
Torture. - Any person who has suffered torture in the training of law enforcement personnel,
shall have the right to claim for compensation as civil or military, medical personnel, public
provided for under Republic Act No. 7309: officials and other persons who may be involved

53
in the custody, interrogation or treatment of any
individual subjected to any form of arrest,
detention or imprisonment. The Department of
Education (DepED) and the Commission on
Higher Education (CHED) shall also ensure the
integration of human rights education courses in
all primary, secondary and tertiary level
academic institutions nationwide.
Section 22. Applicability of the Revised Penal
Code. - The provisions of the Revised Penal
Code insofar as they are applicable shall be
suppletory to this Act. Moreover, if the
commission of any crime punishable under Title
Eight (Crimes Against Persons) and Title Nine
(Crimes Against Personal Liberty and Security)
of the Revised Penal Code is attended by any of
the acts constituting torture and other cruel,
inhuman and degrading treatment or
punishment as defined herein, the penalty to be
imposed shall be in its maximum period.
Section 23. Appropriations. - The amount of
Five million pesos (Php5,000,000.00) is hereby
appropriated to the CHR for the initial
implementation of tills Act. Thereafter, such
sums as may be necessary for the continued
implementation of this Act shall be included in
the annual General Appropriations Act.
S e c t i o n 2 4 . I m p l e m e n t i n g R u l e s a n d
Regulations. - The DOJ and the CHR, with the
active participation of human rights
nongovernmental organizations, shall
promulgate the rules and regulations for the
effective implementation of tills Act. They shall
also ensure the full dissemination of such rules Republic of the Philippines
and regulations to all officers and members of CONGRESS OF THE PHILIPPINES
various law enforcement agencies. Metro Manila

Section 25. Separability Clause. - If any Fifteenth Congress

provision of this Act is declared invalid or Third Regular Session
unconstitutional, the other provisions not Begun and held in Metro Manila, on Monday, the
affected thereby shall continue to be in full force twenty-third day of July, two thousand twelve.
and effect.
Section 26. Repealing Clause. - All laws,
REPUBLIC ACT NO. 10353
decrees, executive orders or rules and AN ACT DEFINING AND PENALIZING
regulations contrary to or inconsistent with the E N F O R C E D O R I N V O L U N TA RY
provisions of this Act are hereby repealed or DISAPPEARANCE
modified accordingly. Be it enacted by the Senate and House of
Section 27. Effectivity. - This Act shall take Representatives of the Philippines in Congress
effect fifteen (15) days after its publication in the assembled:
Official Gazette or in at least two (2) newspapers Section 1.Short Title.This Act shall be known
of general circulation. as the "Anti-Enforced or Involuntary
Approved:November 10, 2009 Disappearance Act of 2012.

54
Section 2. Declaration of Policy. The State (c) Order of Battlerefers to a document
values the dignity of every human person and made by the military, police or any law
guarantees full respect for human rights for enforcement agency of the government,
which highest priority shall be given to the listing the names of persons and
enactment of measures for the enhancement of organizations that it perceives to be
the right of all people to human dignity, the enemies of the State and which it
prohibition against secret detention places, considers as legitimate targets as
solitary confinement, incommunicado, or other combatants that it could deal with,
similar forms of detention, the provision for penal through the use of means allowed by
and civil sanctions for such violations, and domestic and international law.
compensation and rehabilitation for the victims (d) Victim refers to the disappeared
and their families, particularly with respect to the person and any individual who has
use of torture, force, violence, threat, suffered harm as a direct result of an
intimidation or any other means which vitiate the enforced or involuntary disappearance
free will of persons abducted, arrested, as defined in letter (b) of this Section.
detained, disappeared or otherwise removed
from the effective protection of the law. Section 4. Nonderogability of the Right Against
Enforced or Involuntary Disappearance. The
Furthermore, the State adheres to the principles right against enforced or involuntary
and standards on the absolute condemnation of disappearance and the fundamental safeguards
human rights violations set by the 1987 for its prevention shall not be suspended under
Philippine Constitution and various international any circumstance including political instability,
instruments such as, but not limited to, the threat of war, state of war or other public
International Covenant on Civil and Political emergencies.
Rights (ICCPR), and the Convention Against
Torture and Other Cruel, Inhuman or Degrading Section 5. "Order of Battle" or Any Order of
Treatment or Punishment (CAT), to which the Similar Nature, Not Legal Ground, for Enforced
Philippines is a State party. or Involuntary Disappearance. An "Order of
Battle" or any order of similar nature, official or
Section 3.Definitions.For purposes of this Act, otherwise, from a superior officer or a public
the following terms shall be defined as follows: authority causing the commission of enforced or
(a) Agents of the State refer to persons involuntary disappearance is unlawful and
who, by direct provision of the law, cannot be invoked as a justifying or exempting
popular election or appointment by circumstance. Any person receiving such an
competent authority, shall take part in order shall have the right to disobey it.
the performance of public functions in Section 6.Right ofAccessto Communication.
the government, or shall perform in the It shall be the absolute right of any person
government or in any of its branches deprived of liberty to have immediate access to
public duties as an employee, agent or any form of communication available in order for
subordinate official, of any rank or class. him or her to inform his or her family, relative,
( b ) E n f o r c e d o r i n v o l u n t a r y friend, lawyer or any human rights organization
disappearance refers to the arrest, on his or her whereabouts and condition.
detention, abduction or any other form Section 7.Duty to Report Victims of Enforced or
of deprivation of liberty committed by Involuntary Disappearance. Any person, not
agents of the State or by persons or being a principal, accomplice or accessory, who
groups of persons acting with the has an information of a case of enforced or
authorization, support or acquiescence involuntary disappearance or who shall learn of
of the State, followed by a refusal to such information or that a person is a victim of
acknowledge the deprivation of liberty or enforced or involuntary disappearance, shall
by concealment of the fate or immediately report in writing the circumstances
whereabouts of the disappeared person, and whereabouts of the victim to any office,
which places such person outside the detachment or division of the Department of the
protection of the law. Interior and Local Government (DILG), the

55
Department of National Defense (DND), the persons deprived of liberty shall have free
Philippine National Police (PNP), the Armed access to the register.
Forces of the Philippines (AFP), the National The following details, among others, shall be
Bureau of Investigation (NBI), the City or recorded, in the register:
Provincial Prosecutor, the Commission on
Human Rights (CHR) or any human rights (a) The identity or name, description and
organization and, if known, the victims family, address of the person deprived of
relative, or lawyer. liberty;
Section 8. Duty to Certify in Writing on the (b) The date, time and location where
Results of Inquiry into a Reported Disappeared the person was deprived of liberty and
Persons Whereabouts. In case a family the identity of the person who made
member, relative, lawyer, representative of a such deprivation of liberty;
human rights organization or a member of the (c) The authority who decided the
media inquires with a member or official of any deprivation of liberty and the reasons for
police or military detention center, the PNP or the deprivation of liberty or the crime or
any of its agencies, the AFP or any of its offense committed;
agencies, the NBI or any other agency or
instrumentality of the government, as well as (d) The authority controlling the
any hospital or morgue, public or private, on the deprivation of liberty;
presence or whereabouts of a reported victim of (e) The place of deprivation of liberty,
enforced or involuntary disappearance, such the date and time of admission to the
member or official shall immediately issue a place of deprivation of liberty and the
certification in writing to the inquiring person or authority responsible for the place of
entity on the presence or absence and/or deprivation of liberty;
information on the whereabouts of such
(f) Records of physical, mental and
disappeared person, stating, among others, in
psychological condition of the detained
clear and unequivocal manner the date and time
or confined person before and after the
of inquiry, details of the inquiry and the response
deprivation of liberty and the name and
to the inquiry.
address of the physician who examined
Section 9. Duty of Inquest/Investigating Public him or her physically, mentally and
Prosecutor or any Judicial or Quasi-Judicial medically;
Official or Employee. Any inquest or
(g) The date and time of release or
investigating public prosecutor, or any judicial or
transfer of the detained or confined
quasi-judicial official or employee who learns
person to another place of detention, the
that the person delivered for inquest or
destination and the authority responsible
preliminary investigation or for any other judicial
for the transfer;
process is a victim of enforced or involuntary
disappearance shall have the duty to (h) The date and time of each removal
immediately disclose the victims whereabouts to of the detained or confined person from
his or her immediate family, relatives, lawyer/s or his or her cell, the reason or purpose for
to a human rights organization by the most such removal and the date and time of
expedient means. his or her return to his or her cell;
Section 10. Official Up-to-Date Register of All (i) A summary of the physical, mental
Persons Detained or Confined. - All persons and medical findings of the detained or
detained or confined shall be placed solely in confined person after each interrogation;
officially recognized and controlled places of (j) The names and addresses of the
detention or confinement where an official up-to- persons who visit the detained or
date register of such persons shall be confined person and the date and time
maintained. Relatives, lawyers, judges, official of such visits and the date and time of
bodies and all persons who have legitimate each departure;
interest in the whereabouts and condition of the
(k) In the event of death during the
deprivation of liberty, the identity, the

56
 circumstances and cause of death of the involuntary disappearance for acts committed by
victim as well as the destination of the him or her that shall have led, assisted, abetted
human remains; and or allowed, whether directly or indirectly, the
commission thereof by his or her subordinates. If
(l) All other important events bearing on
such commanding officer has knowledge of or,
and all relevant details regarding the
owing to the circumstances at the time, should
treatment of the detained or confined
have known that an enforced or involuntary
person.
disappearance is being committed, or has been
Provided,That the details required under letters committed by subordinates or by others within
(a) to (f) shall be entered immediately in the the officers area of responsibility and, despite
register upon arrest and/or detention. such knowledge, did not take preventive or
All information contained in the register shall be coercive action either before, during or
regularly or upon request reported to the CHR or immediately after its commission, when he or
any other agency of government tasked to she has the authority to prevent or investigate
monitor and protect human rights and shall be allegations of enforced or involuntary
made available to the public. disappearance but failed to prevent or
investigate such allegations, whether
Section 11. Submission of List of Government deliberately or due to negligence, shall also be
Detention Facilities.Within six (6) months from held liable as principal.
the effectivity of this Act and as may be
requested by the CHR thereafter, all government Section 15.Penal Provisions. (a) The penalty
agencies concerned shall submit an updated of reclusion perpetua and its accessory
inventory or list of all officially recognized and penalties shall be imposed upon the following
controlled detention or confinement facilities, persons:
and the list of detainees or persons deprived of (1) Those who directly committed the act
liberty under their respective jurisdictions to the of enforced or involuntary
CHR. disappearance;
S e c t i o n 1 2 . I m m e d i a t e I s s u a n c e a n d (2) Those who directly forced, instigated,
Compliance of the Writs of Habeas Corpus, encouraged or induced others to commit
Amparo and Habeas Data. All proceedings the act of enforced or involuntary
pertaining to the issuance of the writs ofhabeas disappearance;
corpus, amparo and habeas data shall be
(3) Those who cooperated in the act of
dispensed with expeditiously. As such, all courts
enforced or involuntary disappearance
and other concerned agencies of government
by committing another act without which
shall give priority to such proceedings.
the act of enforced or involuntary
Moreover, any order issued or promulgated disappearance would not have been
pursuant to such writs or their respective consummated;
proceedings shall be executed and complied
(4) Those officials who allowed the act
with immediately.
or abetted in the consummation of
Section 13. Visitation /Inspection of Places of enforced or involuntary disappearance
Detention and, Confinement. The CHR or its when it is within their power to stop or
duly authorized representatives are hereby uncover the commission thereof; and
mandated and authorized to conduct regular,
(5) Those who cooperated in the
independent, unannounced and unrestricted
execution of the act of enforced or
visits to or inspection of all places of detention
involuntary disappearance by previous
and confinement.
or simultaneous acts.
Section 14. Liability of Commanding Officer or
(b) The penalty of reclusion temporal and its
Superior. - The immediate commanding officer
accessory penalties shall be imposed upon
of the unit concerned of the AFP or the
those who shall commit the act of enforced or
immediate senior official of the PNP and other
involuntary disappearance in the attempted
law enforcement agencies shall be held liable as
stage as provided for and defined under Article 6
a principal to the crime of enforced or
of the Revised Penal Code.

57
(c) The penalty of reclusion temporal and its Section 18.Independent Liability.The criminal
accessory penalties shall also be imposed upon liability of the offender under this Act shall be
persons who, having knowledge of the act of independent of or without prejudice to the
enforced or involuntary disappearance and prosecution and conviction of the said offender
without having participated therein, either as for any violation of Republic Act No. 7438,
principals or accomplices, took part subsequent otherwise known as "An Act Defining Certain
to its commission in any of the following manner: Rights of Person Arrested, Detained or Under
Custodial Investigation as well as the Duties of
(1) By themselves profiting from or
the Arresting, Detaining, and Investigating
assisting the offender to profit from the
Officers, and Providing Penalties for Violations
effects of the act of enforced or
Thereof; Republic Act No. 9745, otherwise
involuntary disappearance;
known as "An Act Penalizing Torture and Other
(2) By concealing the act of enforced or Cruel, Inhuman and Degrading Treatment or
involuntary disappearance and/or Punishment, and Prescribing Penalties
destroying the effects or instruments Therefor"; and applicable provisions of the
thereof in order to prevent its discovery; Revised Penal Code.
or
Section 19. Nonexclusivity or Double Jeopardy
(3) By harboring, concealing or assisting Under International Law. Any investigation,
in the escape of the principal/s in the act trial and decision in any Philippines court, or
of enforced or involuntary body for any violation of this Act shall; be without
disappearance, provided such prejudice to any investigation, trial, decision or
accessory acts are done with the abuse any other legal or administrative process before
of official functions. any appropriate international court or agency
(d) The penalty of prision correctional and its under applicable international human rights and
accessory penalties shall be imposed against humanitarian law.
persons who defy, ignore or unduly delay Section 20.Exemption from Prosecution. Any
compliance with any order duly issued or offender who volunteers information that leads
promulgated pursuant to the writs of habeas to the discovery of the victim of enforced or
corpus, amparo and habeas data or their involuntary disappearance or the prosecution of
respective proceedings. the offenders without the victim being found
(e) The penalty of arresto mayor and its shall be exempt from any criminal and/or civil
accessory penalties shall be imposed against liability under this Act: Provided, That said
any person who shall violate the provisions of offender does not appear to be the most guilty.
Sections 6, 7, 8, 9 and 10 of this Act. Section 21. Continuing Offense. An act
Section 16. Preventive Suspension/Summary constituting enforced or involuntary
Dismissal. Government officials and personnel disappearance shall be considered a continuing
who are found to be perpetrators of or offense as long as the perpetrators continue to
participants in any manner in the commission of conceal the fate and whereabouts of the
enforced or involuntary disappearance as a disappeared person and such circumstances
result of a preliminary investigation conducted have not been determined with certainty.
for that purpose shall be preventively suspended Section 22. Statue of Limitations Exemption.
or summarily dismissed from the service, The prosecution of persons responsible for
depending on the strength of the evidence so enforced or involuntary disappearance shall not
presented and gathered in the said preliminary prescribe unless the victim surfaces alive. In
investigation or as may be recommended by the which case, the prescriptive period shall be
investigating authority. twenty-five (25) years from the date of such
Section 17. Civil Liability. The act of enforced reappearance.
or involuntary disappearance shall render its Section 23. Special Amnesty Law Exclusion.
perpetrators and the State agencies which Persons who are changed with and/or guilty of
organized, acquiesced in or tolerated such the act of enforced or involuntary disappearance
disappearance liable under civil law. shall not benefit from any special amnesty law or

58
other similar executive measures that shall Other Purposes", and other relief programs of
exempt them from any penal proceedings or the government.
sanctions. The package of indemnification for both the
Section 24. State Protection The State, victims and the immediate relatives within the
through its appropriate agencies, shall ensure fourth civil degree of consanguinity or affinity
the safety of all persons involved in the search, shall be without prejudice to other legal
investigation and prosecution of enforced or remedies that may be available to them.
involuntary disappearance including, but not Section 27. Rehabilitation of Victims and/or
limited to, the victims, their families, Their Immediate Relatives, and Offenders. In
complainants, witnesses, legal counsel and order that the victims of enforced or involuntary
representatives of human rights organizations disappearance who surfaced alive and/or their
and media. They shall likewise be protected immediate relatives within the fourth civil degree
from any intimidation or reprisal. of consanguinity or affinity, may be effectively
Section 25. Applicability of Refouler. No reintegrated into the mainstream of society and
person shall be expelled, returned or extradited in the process of development, the State,
to another State where there are substantial through the CHR, in coordination with the
grounds to believe that such person shall be in Department of Health, the Department of Social
danger of being subjected to enforced or Welfare and Development (DSWD) and the
involuntary disappearance. For purposes of concerned nongovernment organization/s, shall
determining whether such grounds exist, the provide them with appropriate medical care and
Secretary of the Department, of Foreign Affairs rehabilitation free of charge.
(DFA) and the Secretary of the Department of Toward the attainment of restorative justice, a
Justice (DOJ) in coordination with the parallel rehabilitation program for persons who
Chairperson of the CHR, shall take into account have committed enforced or involuntary
all relevant considerations including where disappearance shall likewise be implemented
applicable and not limited to, the existence in the without cost to such offenders.
requesting State of a consistent pattern of gross,
flagrant or mass violations of human rights. S e c t i o n 2 8 . I m p l e m e n t i n g R u l e s a n d
Regulations. Within thirty (30) days from the
Section 26. Restitution and Compensation to effectivity of this Act, the DOJ, the DSWD, the
Victims of Enforced or Involuntary CHR, the Families of Victims of Involuntary
Disappearance and/or Their Immediate Disappearance (FIND) and the Families
Relatives. The victims of enforced or ofDesaparecidosfor Justice(Desaparecidos),in
involuntary disappearance who surface alive consultation with other human rights
shall be entitled to monetary compensation, organizations, shall jointly promulgate the rules
rehabilitation and restitution of honor and and regulations for the effective implementation
reputation. Such restitution of honor and of this Act and shall ensure the full dissemination
reputation shall include immediate expunging or of the same to the public.
rectification of any derogatory record,
information or public declaration/statement on Section 29. Suppletory Applications. The
his or her person, personal circumstances, applicable provisions of the Revised Penal Code
status, and/or organizational affiliation by the shall have suppletory application insofar as they
appropriate government or private agency or are consistent with the provisions of this Act.
agencies concerned. Section 30.Appropriations.The amount of Ten
The immediate relatives of a victim of enforced million pesos (P10,000,000.00) is hereby
or involuntary disappearance, within the fourth appropriated for the initial implementation of this
civil degree of consanguinity or affinity, may also Act by the CHR. Subsequent fluids for the
claim for compensation as provided for under continuing implementation of this Act shall be
Republic Act No. 7309, entitled "An Act Creating included in the respective budgets of the CHR
a Board of Claims under the Department of and the DOJ in the annual General
Justice for Victims of Unjust Imprisonment or Appropriations Act.
Detention and Victims of Violent Crimes and For Section 31. Separability Clause. If for any
reason, any section or provision of this Act is

59
declared unconstitutional or invalid, such other CHAPTER I
sections or provisions not affected thereby shall INTRODUCTORY PROVISIONS
remain in full force and effect. Section 1.Short Title. - This Act shall be known
Section 32. Repealing Clause. All laws, as the "Philippine Act on Crimes Against
decrees, executive orders, rules and regulations International Humanitarian Law, Genocide,
and other issuances or parts thereof inconsistent and Other Crimes Against Humanity".
with the provisions of this Act are hereby Section 2. Declaration of Principles and State
repealed, amended or modified accordingly. Policies.-
Section 33. Effectivity Clause. This Act shall (a) The Philippines renounces war as an
take effect fifteen (15) days after its publication instrument of national policy, adopts the
in at least two (2) newspapers of general generally accepted principles of
circulation or theOfficial Gazette,which shall not international law as part of the law of the
be later than seven (7) days after the approval land and adheres to a policy of peace,
thereof. equality, justice, freedom, cooperation
Approved: DEC 21 2012 and amity with all nations.
(b) The state values the dignity of every
human person and guarantees full
respect for human rights, including the
rights of indigenous cultural
communities and other vulnerable
groups, such as women and children;
(c) It shall be the responsibility of the
State and all other sectors concerned to
resolved armed conflict in order to
promote the goal of "Children as Zones
of Peace";
(d) The state adopts the generally
accepted principles of international law,
including the Hague Conventions of
1907, the Geneva Conventions on the
Republic of the Philippines protection of victims of war and
Congress of the Philippines international humanitarian law, as part of
Metro Manila the law our nation;
Fourteenth Congress (e) The most serious crimes of concern
Third Regular Session to the international community as a
whole must not go unpunished and their

effective prosecution must be ensured

Begun and held in Metro Manila, on Monday, the
by taking measures at the national level,
twenty-seventh day of July, two thousand nine.
in order to put an end to impunity for the
REPUBLIC ACT NO. 9851 perpetrators of these crimes and thus
contribute to the prevention of such
AN ACT DEFINING AND PENALIZING crimes, it being the duty of every State
C R I M E S A G A I N S T I N T E R N AT I O N A L to exercise its criminal jurisdiction over
HUMANITARIAN LAW, GENOCIDE AND those responsible for international
OTHER CRIMES AGAINST HUMANITY, crimes;
ORGANIZING JURISDICTION, DESIGNATING
SPECIAL COURTS, AND FOR RELATED (f) The State shall guarantee persons
PURPOSES suspected or accused of having
committed grave crimes under
Be it enacted by the Senate and House of international law all rights necessary to
Representatives of the Philippines in Congress ensure that their trial will be fair and
assembled:

60
 prompt in strict accordance with national isolated and sporadic acts of violence or
and international law and standards for other acts of a similar nature.
fair trial, It shall also protect victims, (d) "Armed forces" means all organized
witnesses and their families, and armed forces, groups and units that
provide appropriate redress to victims belong to a party to an armed conflict
and their families, It shall ensure that the which are under a command
legal systems in place provide responsible to that party for the conduct
accessible and gender-sensitive of its subordinates. Such armed forces
avenues of redress for victims of armed shall be subject to an internal
conflict, and disciplinary system which enforces
(g)The State recognizes that the compliance with International
application of the provisions of this Act Humanitarian Law
shall not affect the legal status of the (e) "Attack directed against any civilian
parties to a conflict, nor give an implied population" means a course of conduct
recognition of the status of belligerency involving the multiple commission of
CHAPTER II acts referred to in Section 6 of this Act
DEFINITION OF TERMS against any civilian population, pursuant
to or in furtherance of a State or
Section 3.For purposes of this Act, the term:
organizational policy to commit such
(a) "Apartheid' means inhumane acts attack.
committed in the context of an
(f) "Effective command and control" or "
institutionalized regime of systematic
effective authority and control" means
oppression and domination by one racial
having the material ability to prevent and
group or groups and committed with the
punish the commission of offenses by
intention of maintaining that regime
subordinates.
(b) "Arbitrary deportation or forcible
(g) "Enforced or involuntary
transfer of population" means forced
disappearance of persons" means the
displacement of the persons concerned
arrest, detention, or abduction of
by expultion by expulsion or other
persons by, or with the authorization
coercive acts from the area in which
support or acquiescence of, a State or a
they are lawfully present, without
political organization followed by a
grounds permitted under domestic or
refusal to acknowledge that deprivation
international law.
of freedom or to give information on the
(c) "Armed conflict" means any use of fate or whereabouts of those persons,
force or armed violence between States with the intention of removing from the
or a protracted armed violence between protection of the law for a prolonged
governmental authorities and organized period of time
armed groups or between such groups
(h) "Enslavement" means the exercise
within that State: Provided, That such
of any or all of the powers attaching to
force or armed violence gives rise, or
the right of ownership over a person and
may give rise, to a situation to which the
includes the exercise of such power in
Geneva Conventions of 12 August 1949,
the course of trafficking in persons, in
including their common Article 3, apply.
particular women and children.
Armed conflict may be international, that
is, between two (2) or more States, (i) "Extermination" means the
including belligerent occupation; or non- international infliction of conditions of
international, that is, between life, inter alia, the deprivation of access
governmental authorities and organized to food and medicine, calculated to bring
armed groups or between such groups about the destruction of a part of a
within a state. It does not cover internal population.
disturbances or tensions such as riots, (j) " Forced pregnancy" means the
unlawful confinement of a women to be

61
forcibly made pregnant, with the intent (o) "Perfidy" means acts which invite the
of affecting the ethnic composition of confidence of an adversary to lead him/
any population carrying out other grave her to believe he/she is entitled to, or is
violations of international law. obliged to accord, protection under the
rules of International Humanitarian Law,
(k) "Hors de Combat" means a person
with the intent to betray that confidence,
who:
including but not limited to:
(1) is in the power of an adverse
(1) feigning an intent to
party;
negotiate under a flag of truce;
(2) has clearly expressed an
(2) feigning surrender;
intention to surrender; or
(3) feigning incapacitation by
(3) has been rendered
wounds or sickness;
unconscious or otherwise
incapacitated by wounds or (4) feigning civilian or
sickness and therefore is noncombatant status; and
incapable of defending himself: (5) feigning protective status by
Provided, that in any of these use of signs, emblems or
cases, the person form any uniforms of the United Nations
hostile act and does not attempt or of a neutral or other State not
to escape. party to the conflict.
(l) "Military necessity" means the (p) "Persecution" means the
necessity of employing measures which international and severe deprivation of
are indispensable to achieve a fundamental rights contrary to
legitimate aim of the conflict and are not international law by reason of identity of
otherwise prohibited by International the group or collectivity.
Humanitarian Law
(q) "Protect person" in an armed conflict
(m) "Non-defended locality" means a means:
locality that fulfills the following
conditions: (1) a person wounded, sick or
shipwrecked, whether civilian or
(1) all combatants, as well as military;
mobile weapons and mobile
military equipment, must have (2) a prisoner of war or any
been evacuated; person deprived of liberty for
reasons related to an armed
(2) no hostile use of fixed conflict;
military installations or
establishments must have been (3) a civilian or any person not
made; taking a direct part or having
ceased to take part in the
(3) no acts of hostility must have hostilities in the power of the
been committed by the adverse party;
authorities or by the population;
and (4) a person who, before the
beginning of hostilities, was
(4) no activities in support of considered a stateless person
military operations, must have or refugee under the relevant
been undertaken. international instruments
(n) "No quarter will be given' means accepted by the parties to the
refusing to spare the life of anybody, conflict concerned or under the
even of persons manifestly unable to national legislation of the state
defend themselves or who clearly of refuge or state of residence;
express their intention to surrender. (5) a member of the medical
personnel assigned exclusively

62
 to medical purposes or to the (a) In case of an international armed
administration of medical units conflict , grave breaches of the Geneva
or to the operation of or Conventions of 12 August 1949, namely,
administration of medical any of the following acts against
transports; or persons or property protected under
provisions of the relevant Geneva
(6) a member of the religious
Convention:
personnel who is exclusively
engaged in the work of their (1) Willful killing;
ministry and attached to the ( 2 ) To r t u r e o r i n h u m a n
armed forces of a party to the treatment, including biological
conflict, its medical units or experiments;
medical transports, or non-
denominational, noncombatant (3) Willfully causing great
military personnel carrying out suffering, or serious injury to
functions similar to religious body or health;
personnel. (4) Extensive destruction and
(r) " Superior" means: appropriation of property not
justified by military necessity
(1) a military commander or a and carried out unlawfully and
person effectively acting as a wantonly;
military commander; or
(5) Willfully depriving a prisoner
(2) any other superior, in as of war or other protected person
much as the crimes arose from of the rights of fair and regular
activities within the effective trial;
authority and control of that
superior. (6) Arbitrary deportation or
forcible transfer of population or
(s) "Torture" means the intentional unlawful confinement;
infliction of severe pain or suffering,
whether physical, mental, or (7) Taking of hostages;
psychological, upon a person in the (8) Compelling a prisoner a
custody or under the control of the prisoner of war or other
accused; except that torture shall not protected person to serve in the
include pain or suffering arising only forces of a hostile power; and
from, inherent in or incidental to, lawful
sanctions. (9) Unjustifiable delay in the
repatriation of prisoners of war
(t) "Works and installations containing or other protected persons.
dangerous forces" means works and
installations the attack of which may (b) In case of a non-international armed
cause the release of dangerous forces conflict, serious violations of common
and consequent severe losses among Article 3 to the four (4) Geneva
the civilian population, namely: dams, Conventions of 12 August 1949,
dikes, and nuclear, electrical generation namely , any of the following acts
stations. committed against persons taking no
active part in the hostilities, including
CHAPTER III member of the armed forces who have
C R I M E S A G A I N S T I N T E R N AT I O N A L laid down their arms and those
HUMANITARIAN LAW, placed hors de combat by sickness,
GENOCIDE AND OTHER CRIMES AGAINST wounds, detention or any other cause;
HUMANITY
(1) Violence to life and person,
Section 4.War Crimes.- For the purpose of this in particular, willful killings,
Act, "war crimes" or "crimes against Interntional mutilation, cruel treatment and
Human Humanitarian Law" means: torture;

63
 (2) Committing outrages upon civilian objects or widespread,
personal dignity, in particular, long-term and severe damage
humiliating and degrading to the natural environment
treatment; which would be excessive in
relation to the concrete and
(3) Taking of hostages; and
direct military advantage
(4) The passing of sentences anticipated;
and the carrying out of
(6) Launching an attack against
executions without previous
works or installations containing
judgment pronounced by a
dangerous forces in the
regularly constituted court,
knowledge that such attack will
affording all judicial guarantees
cause excessive loss of life,
which are generally recognized
injury to civilians or damage to
as indispensable.
civilian objects, and causing
(c) Other serious violations of the laws death or serious injury to body
and customs applicable in armed or health .
c o n fl i c t , w i t h i n t h e e s t a b l i s h e d
(7) Attacking or bombarding, by
framework of international law, namely:
whatever means, towns,
(1) Internationally directing villages, dwellings or buildings
attacks against the civilian which are undefended and
population as such or against which are not military objectives,
individual civilians not taking or making non-defended
direct part in hostilities; localities or demilitarized zones
(2) Intentionally directing attacks the object of attack;
against civilian objects, that is, (8) Killing or wounding a person
object which are not military in the knowledge that he/she
objectives; is hors de combat, including a
(3) Intentionally directing attacks combatant who, having laid
against buildings, material, down his/her arms or no longer
medical units and transport, and having means of defense, has
personnel using the distinctive surrendered at discretion;
emblems of the Geneva (9) Making improper use of a
Conventions or Additional flag of truce, of the flag or the
Protocol III in conformity with military insignia and uniform of
intentional law; the enemy or of the United
(4) Intentionally directing attacks Nations, as well as of the
against personnel, installations, distinctive emblems of the
material, units or vehicles Geneva Conventions or other
involved in a humanitarian protective signs under
assistance or peacekeeping International Humanitarian Law,
mission in accordance with the resulting in death, serious
Charter of the United Nations, personal injury or capture;
as ling as they are entitled to the (10) Intentionally directing
protection given to civilians or attacks against buildings
civilian objects under the dedicated to religion, education,
international law of armed art, science or charitable
conflict; purposes, historic monuments,
(5) Launching an attack in the hospitals and places where the
knowledge that such attack will sick and wounded are collected,
cause incidental loss of life or provided they are not military
injury to civilians or damage to objectives. In case of doubt

64
whether such building or place (19) Commiting rape, sexual
has been used to make an slavery, enforced prostitution,
effective contribution to military forced pregnancy, enforced
action, it shall be presumed not sterilization, or any other form of
to be so used; sexual violence also constituting
a grave breach of the Geneva
(11) Subjecting persons who are
Conventions or a serious
in the power of an adverse party
violation of common Article 3 to
to physical mutilation or to
the Geneva Convensions;
m e d i c a l o r s c i e n t i fi c
experiments of any kind, or to (20) Utilizing the presence of a
removal of tissue or organs for civilian or other protected
transplantation, which are person to render certain points,
neither justified by the medical, areas or military forces immune
dental or hospital treatment of from military operations;
the person concerned nor (21) Intentionally using
carried out in his/her interest, starvation of civilians as a
and which cause death to or method of warfare by depriving
seriously endanger the health of them of objects indespensable
such person or persons; to their survival, including
(12) Killing, wounding or willfully impeding relief supplies
capturing an adversary by resort as provided for under the
to perfidy; Geneva Conventions and their
Additional Protocols;
(13) Declaring that no quarter
will be given; (22) In an international armed
conflict, compelling the nationals
(14) Destroying or seizing the
of the hostile party to take part
enemy's property unless such
in the operations of war directed
destruction or seizure is
against their own country, even
imperatively demanded by the
if they were in the belligerent's
necessities of war;
service before the
(15) Pillaging a town or place, commencement of the war;
even when taken by assault;
(23) In an international armed
(16) Ordering the displacements conflict, declaring abolished,
of the civilian population for suspended or inadmissible in a
reasons related to the conflict, court of law the rights and
unless the security of the actions of the nationals of the
civilians involved or imperative hostile party;
military reasons so demand;
(24) Commiting any of the
(17) Transferring, directly or following acts:
indirectly, by the occupying
(i) Conscripting, enlisting or
power of parts of its own civilian
recruiting children under
population into the territory it
the age of fifteen (15)
occupies, or the deportation or
years into the national
transfer of all or parts of the
armed forces;
population of the occupied
territory within or outside this (ii) Conscripting, enlisting or
territory; recruiting children under
the age of eighteen (18)
(18) Commiting outrages upon
years into an armed force
personal dignity, in particular,
or group other than the
humiliating and degrading
national armed forces;
treatments;
and

65
 (iii) Using children under the (4) Imposing measures intended
age of eighteen (18) years to prevent births within the
to participate actively in group; and
hostilities; and (5) Forcibly transferring children
(25) Employing means of of the group to another group.
warfare which are prohibited (b) It shall be unlawful for any person to
under international law, such as: directly and publicly incite others to
(i) Poison or poisoned commit genocide.
weapons; Any person found guilty of committing any of the
(ii) Asphyxiating, poisonous or acts specified in paragraphs (a) and (b) of this
other gases, and all section shall suffer the penalty provided under
analogous liquids, materials Section 7 of this Act.
or devices; Section 6.Other Crimes Against Humanity.- For
(iii) Bullets which expand or the purpose of this act, "other crimes against
flatten easily in the human humanity" means any of the following acts when
body, such as bullets with committed as part of a widespread or systematic
hard envelopes which do attack directed against any civilian population,
not entirely cover the core with knowledge of the attack:
or are pierced with (a) Willful killing;
incisions; and
(b) Extermination;
(iv) Weapons, projectiles and
material and methods of (c) Enslavement;
warfare which are of the (d) Arbitrary deportation or forcible
nature to cause superfluous transfer of population;
injury or unecessary
suffering or which are (e) Imprisonment or other severe
inherently indiscriminate in deprivation of physical liberty in violation
violation of the international of fundamental rules of international law;
law of armed conflict. (f) Torture;
Any person found guilty of commiting (g) Rape, sexual slavery, enforced
any of the acts specified herein shall prostitution, forced pregnancy, enforced
suffer the penalty provided under sterilization, or any other form of sexual
Section 7 of this Act. violence of comparable gravity;
Section 5. Genocide - (a) For the purpose of (h) Persecution against any identifiable
this Act, "genocide" means any of the following group or collectivity on political, racial,
acts with intent to destroy, in whole or in part, a national, ethnic, cultural, religious,
national, ethnic, racial, religious, social or any gender, sexual orientation or other
other similar stable and permanent group as grounds that are universally recognized
such: as impermissible under international
(1) Killing members of the law, in connection with any act referred
group; to in this paragraph or any crime defined
in this Act;
(2) Causing serious bodily or
mental harm to members of the (i) Enforced or involuntary
group; disappearance of persons;

(3) Deliberately inflicting on the (j) Apartheid; and

group conditions of life (k) Other inhumane acts of a similar
calculated to bring about its character intentionally causing great
physical destruction in whole or suffering, or serious injury to body or to
in part; mental or physical health.

66
Any person found guilty of committing any of the (2) Orders, solicits or induces
acts specified herein shall suffer the penalty the commission of such a crime
provided under Section 7 of this Act. which in fact occurs or is
attempted;
CHAPTER IV
PENAL PROVISIONS (3) In any other way contributes
to the commission or attempted
Section 7. Penalties. - Any person found guilty
commission of such a crime by
of committing any of the acts provided under
a group of person acting with a
Sections 4, 5 and 6 of this Act shall suffer the
common purpose. Such
penalty of reclusion temporal in its medium to
contribution shall be intentional
maximum period and a fine ranging from One
and shall either:
hundred thousand pesos (Php 100,000.00) to
Five hundred thousand pesos (Php 500,000.00). (i) be made with the aim
of furthering the criminal
When justified by the extreme gravity of the
activity or criminal
crime, especially where the commision of any of
purpose of the group,
the crimes specified herein results in death or
where such activity or
serious physical injury, or constitutes rape, and
purpose involves the
considering the individual circumstances of the
commission of a crime
accused, the penalty of reclusion perpetua and a
defined in this Act; or
fine ranging from Five hundred thousand pesos
(Php 500,000.00) to One million pesos (Php (ii) be made in the
1,000,000.00) shall be imposed. knowledge of the
intention of the group to
Any person found guilty of inciting others to
commit the crime.
commit genocide referred to in Section 5(b) of
this Act shall suffer the penalty of prision mayor (b) A person shall be criminally liable as
in its minimum period and a fine ranging from accomplice for facilitating the
Ten thousand pesos (Php 10,000.00) to Twenty commission of a crime defined and
thousand pesos (Php 20,000.00). penalized in this Act if he/she aids,
abets or otherwise assists in its
In addition, the court shall order the forfeiture of
commission or attempted commission,
proceeds, property and assets derived, directly
including providing the means for its
or indirectly, from that crime, without prejudice to
commission.
the rights of bona fide third (3rd) parties. The
court shall also impose the corresponding (c) A person shall be criminally liable for
accessory penalties under the Revised Penal a crime defined and penalized in this Act
Code, especially where the offender is a public if he/she attempts to commit such a
officer. crime by taking action that commences
its execution by means of a substantial
step, but the crime does not occur
CHAPTER V because of circumstances independent
SOME PRINCIPLES OF CRIMINAL LIABILITY of the person's intention. However, a
Section 8.Individual Criminal Responsibilities.- person who abandons the effort to
(a) In addition to existing provisions in Philippine commit the crime or otherwise prevents
law on principles of criminal responsibility, a the completion of the crime shall not be
person shall be criminally liable as principal for a liable for punishment under this Act for
crime defined and penalized in this Act if he/she: the attempt to commit the same if he/
she completely and voluntarily gave up
(1) Commits such a crime, the criminal purpose.
whether as an individual, jointly
with another or through another Section 9.Irrelevance of Official Capacity.- This
person, regardless of whether Act shall apply equally to all persons without any
that other person is criminally distinction based on official capacity. In
responsible; particular, official capacity as a head of state or
government, a member of a government or

67
parliament, an elected representative or a criminal responsibility unless all of the following
government official shall in no case exempt a elements occur:
person from criminal responsibility under this (a) The person was under a legal
Act, nor shall it, in and of itself, constitute a obligation to obey orders of the
ground for reduction of sentence. However: government or the superior in question;
(a) Immunities or special procedural (b) The person did not know that the
rules that may be attached to the official order was unlawful; and
capacity of a person under Philippine
law other than the established (c) The order was not manifestly
constitutional immunity from suit of the unlawful.
Philippine President during his/her For the purposes of this section, orders to
tenure, shall not bar the court from commit genocide or other crimes against
exercising jurisdiction over such a humanity are manifestly unlawful.
person; and
CHAPTER VI
(b) Immunities that may be attached to Protection of Victims and Witnesses
the official capacity of a person under
international law may limit the Section 13. Protection of Victims and
application of this Act, nut only within the Witnesses.- In addition to existing provisions in
bounds established under international Philippine law for the protection of victims and
law. witnesses, the following measures shall be
undertaken:
Section 10. Responsibility of Superiors. - In
addition to other grounds of criminal (a) The Philippine court shall take
responsibility for crimes defined and penalized appropriate measures to protect the
under this Act, a superior shall be criminally safety, physical and physiological well-
responsible as a principal for such crimes being, dignity and privacy of victims and
committed by subordinates under his/her witnesses. In so doing, the court shall
effective command and control, or effective have regard of all relevant factors,
authority and control as the case may be, as a including age, gender and health, and
result of his/her failure to properly exercise the nature of the crime, in particular, but
control over such subordinates, where: not limited to, where the crime involves
sexual or gender violence or violence
(a) That superior either knew or, owing against children. The prosecutor shall
to the circumstances at the time, should take such measures particularly during
have known that the subordinates were the investigation and prosecution of
committing or about to commit such such crimes. These measures shall not
crimes; be prejudicial to or inconsistent with the
(b) That superior failed to take all rights of the accused and to a fair and
necessary and reasonable measures impartial trial;
within his/her power to prevent or (b) As an exception to the general
repress their commission or to submit principle of public hearings, the court
the matter to the competent authorities may, to protect the victims and
for investigation and prosecution. witnesses or an accused, conduct any
Section 11. Non-prescription. - The crimes part of the proceedings in camera or
defined and penalized under this Act, their allow the presentation of evidence by
prosecution, and the execution of sentences electronic or other special means. In
imposed on their account, shall not be subject to particular, such measures shall be
any prescription. implemented in the case of the victim of
sexual violence or a child who is a victim
Section 12. Orders from a Superior. - The fact or is a witness, unless otherwise
that a crime defined and penalized under this ordered by the court, having regard to
Act has been committed by a person pursuant to all the circumstances, particularly the
an order of a government or a superior, whether views of the victim or witness;
military or civilian, shall not relieve that person of

68
 (c) Where the personal interests of the on behalf of the convicted person,
victims are affected, the court shall victims or other interested persons.
permit their views and concerns to be Nothing in this section shall be interpreted as
presented and considered at stages of prejudicing the rights of victims under national or
the proceedings determined to be international law.
appropriate by the court in manner
which is not prejudicial to or inconsistent CHAPTER VII
with the rights of the accused and a fair Applicability of International Law and Other
and impartial trial. Such views and Laws
concerns may be presented by the legal Section 15.Applicability of International Law.- In
representatives of the victims where the the application and interpretation of this Act,
court considers it appropriate in Philippine courts shall be guided by the following
accordance with the established rules of sources:
procedure and evidence; and
(a) The 1948 Genocide Convention;
(d) Where the disclosure of evidence or
information pursuant to this Act may (b) The 1949 Genava Conventions I-IV,
lead to the grave endangerment of the their 1977 Additional Protocols I and II
security of a witness for his/her family, and their 2005 Additional Protocol III;
the prosecution may, for the purposes of (c) The 1954 Hague Convention for the
any proceedings conducted prior to the Protection of Cultural Property in the
commencement of the trial, withhold Event of Armed Conflict, its First
such evidence or information and Protocol and its 1999 Second Protocol;
instead submit a summary thereof. Such
(d) The 1989 Convention on the Rights
measures shall be exercised in a
of the Child and its 2000 Optional
manner which is not prejudicial to or
Protocol on the Involvement of Children
inconsistent with the rights of the
in Armed Conflict;
accused and to a fair and impartial trial.
(e) The rules and principles of
Section 14.Reparations to Victims.- In addition
customary international law;
to existing provisions in Philippine law and
procedural rules for reparations to victims, the (f) The judicial decisions of international
following measures shall be undertaken: courts and tribunals;
(a) The court shall follow the principles (g) Relevant and applicable international
relating to the reparations to, or in human rights instruments;
respect of, victims,including restitution, (h) Other relevant international treaties
compensation and rehabilitation. On this and conventions ratified or acceded to
basis, in its decision, the court may, by the Republic of the Philippines; and
wither upon request or on its own
motion in exceptional circumstances, (i) Teachings of the most highly qualified
determine the scope and extent of any publicists and authoritative
damage, loss and injury to, or in respect commentaries on the foregoing sources
of, victims and state the principles on as subsidiary means for the
which it is acting;1avvphi1 determination of rules of international
law.
(b) The court may make an order
directly against a convicted person Section 16. Suppletory Application of the
specifying appropriate reparations to, or Revised Penal Code and Other General or
in respect of, victims, including Special Laws. - The provisions of the Revised
restitution, compensation and Penal Code and other general or special laws
rehabilitation; and shall have a suppletory application to the
provisions of this Act.
(c) Before making an order under this
section, the court may invite and shall CHAPTER VII
take account of representations from or JURISDICTION

69
Section 17. Jurisdiction.- The State shall in human rights, International Humanitarian Law
exercise jurisdiction over persons, whether and International Criminal Law.
military or civilian, suspected or accused of a CHAPTER IX
crime defined and penalized in this Act, FINAL PROVISIONS
regardless of where the crime is committed,
provided, any one of the following conditions is Section 19. Separability Clause. - If, for any
met: reason or reasons, any part or provision of this
Statute shall be held to be unconstitutional or
(a) The accused is a Filipino citizen; invalid, other parts or provisions hereof which
(b) The accused, regardless of are not affected thereby shall continue to be in
citizenship or residence, is present in full force and effect.
the Philippines; or Section 20. Repealing Clause. - All laws,
(c) The accused has committed the said presidential decrees and issuances, executive
crime against a Filipino citizen. orders, rules and regulations or parts thereof
inconsistent with the provisions of this Statute
In the interest of justice, the relevant Philippine
are hereby repealed or modified accordingly.
authorities may dispense with the investigation
or prosecution of a crime punishable under this Section 21. Effectivity. - This Act shall take
Act if another court or international tribunal is effect fifteen (15) days after its complete
already conducting the investigation or publication in the Official Gazette or in two (2)
undertaking the prosecution of such crime. newspapers general circulation.
Instead, the authorities may surrender or December 11, 2009
extradite suspected or accused persons in the
Philippines to the appropriate international court,
if any, or to another State pursuant to the
applicable extradition laws and treaties.
No criminal proceedings shall be initiated
against foreign nationals suspected or accused
of having committed the crimes defined and
penalized in this Act if they have been tried by a
competent court outside the Philippines in
respect of the same offense and acquitted, or
having been convicted, already served their
sentence.
Section 18. Philippine Court, Prosecutors and
Investigators. - The Regional Trial Court of the
Philippines shall have original and exclusive
jurisdiction over the crimes punishable under
this Act. Their judgments may be appealed or
elevated to the Court of Appeals and to the
Supreme Court as provided by law.
The Supreme Court shall designate special Republic of the Philippines
courts to try cases involving crimes punishable Congress of the Philippines
under this Act. For these cases, the Commission Metro Manila
on Human Rights, the Department of Justice,
the Philippine National Police or other Ninth Congress
concerned law enforcement agencies shall
designate prosecutors or investigators as the
case may be. Republic Act No. 7610
The State shall ensure that judges, prosecutors June 17, 1992
and investigators, especially those designated
for purposes of this Act, receive effective training AN ACT PROVIDING FOR STRONGER
DETERRENCE AND SPECIAL PROTECTION

70
AGAINST CHILD ABUSE, EXPLOITATION themselves or protect themselves from
AND DISCRIMINATION, AND FOR OTHER abuse, neglect, cruelty, exploitation or
PURPOSES discrimination because of a physical or
mental disability or condition;
Be it enacted by the Senate and House of
Representatives of the Philippines in Congress (b) "Child abuse" refers to the
assembled:: maltreatment, whether habitual or not, of
the child which includes any of the
ARTICLE I
following:
Title, Policy, Principles and Definitions of
Terms (1) Psychological and physical
abuse, neglect, cruelty, sexual
Section 1. Title. This Act shall be known as
abuse and emotional
the "Special Protection of Children Against
maltreatment;
Abuse, Exploitation and Discrimination Act."
(2) Any act by deeds or words
Section 2. Declaration of State Policy and
which debases, degrades or
Principles. It is hereby declared to be the
demeans the intrinsic worth and
policy of the State to provide special protection
dignity of a child as a human
to children from all firms of abuse, neglect,
being;
cruelty exploitation and discrimination and other
conditions, prejudicial their development; (3) Unreasonable deprivation of
provide sanctions for their commission and carry his basic needs for survival,
out a program for prevention and deterrence of such as food and shelter; or
and crisis intervention in situations of child (4) Failure to immediately give
abuse, exploitation and discrimination. The State medical treatment to an injured
shall intervene on behalf of the child when the child resulting in serious
parent, guardian, teacher or person having care impairment of his growth and
or custody of the child fails or is unable to development or in his
protect the child against abuse, exploitation and permanent incapacity or death.
discrimination or when such acts against the
child are committed by the said parent, (c) "Circumstances which gravely
guardian, teacher or person having care and threaten or endanger the survival and
custody of the same.1awphi1@alf normal development of children"
include, but are not limited to, the
It shall be the policy of the State to protect and following;
rehabilitate children gravely threatened or
endangered by circumstances which affect or (1) Being in a community where
will affect their survival and normal development there is armed conflict or being
and over which they have no control. affected by armed conflict-
related activities;
The best interests of children shall be the
paramount consideration in all actions (2) Working under conditions
concerning them, whether undertaken by public hazardous to life, safety and
or private social welfare institutions, courts of normal which unduly interfere
law, administrative authorities, and legislative with their normal development;
bodies, consistent with the principle of First Call (3) Living in or fending for
for Children as enunciated in the United Nations themselves in the streets of
Convention of the Rights of the Child. Every urban or rural areas without the
effort shall be exerted to promote the welfare of care of parents or a guardian or
children and enhance their opportunities for a basic services needed for a
useful and happy life. good quality of life;
Section 3.Definition of Terms. (4) Being a member of a
(a) "Children" refers to person below indigenous cultural community
eighteen (18) years of age or those over and/or living under conditions of
but are unable to fully take care of extreme poverty or in an area

71
 which is underdeveloped and/or of any adult, syndicate or group, indulge in
lacks or has inadequate access sexual intercourse or lascivious conduct, are
to basic services needed for a deemed to be children exploited in prostitution
good quality of life; and other sexual abuse.
(5) Being a victim of a man- The penalty of reclusion temporal in its medium
made or natural disaster or period to reclusion perpetua shall be imposed
calamity; or upon the following:
(6) Circumstances analogous to (a) Those who engage in or promote,
those abovestated which facilitate or induce child prostitution
endanger the life, safety or which include, but are not limited to, the
normal development of children. following:
(d) "Comprehensive program against (1) Acting as a procurer of a
child abuse, exploitation and child prostitute;
discrimination" refers to the coordinated (2) Inducing a person to be a
program of services and facilities to client of a child prostitute by
protected children against: means of written or oral
(1) Child Prostitution and other advertisements or other similar
sexual abuse; means;
(2) Child trafficking; ( 3 ) Ta k i n g a d v a n t a g e o f
influence or relationship to
(3) Obscene publications and
procure a child as prostitute;
indecent shows;
(4) Threatening or using
(4) Other acts of abuses; and
violence towards a child to
(5) Circumstances which engage him as a prostitute; or
threaten or endanger the
(5) Giving monetary
survival and normal
consideration goods or other
development of children.
pecuniary benefit to a child with
1awphi1
intent to engage such child in
ARTICLE II prostitution.
Program on Child Abuse, Exploitation and
(b) Those who commit the act of sexual
Discrimination
intercourse of lascivious conduct with a
Section 4. Formulation of the Program. child exploited in prostitution or subject
There shall be a comprehensive program to be to other sexual abuse; Provided, That
formulated, by the Department of Justice and when the victims is under twelve (12)
the Department of Social Welfare and years of age, the perpetrators shall be
Development in coordination with other prosecuted under Article 335, paragraph
government agencies and private sector 3, for rape and Article 336 of Act No.
concerned, within one (1) year from the 3815, as amended, the Revised Penal
effectivity of this Act, to protect children against Code, for rape or lascivious conduct, as
child prostitution and other sexual abuse; child the case may be: Provided, That the
trafficking, obscene publications and indecent penalty for lascivious conduct when the
shows; other acts of abuse; and circumstances victim is under twelve (12) years of age
which endanger child survival and normal shall be reclusion temporal in its
development. medium period; and
ARTICLE III (c) Those who derive profit or advantage
Child Prostitution and Other Sexual Abuse therefrom, whether as manager or
Section 5. Child Prostitution and Other owner of the establishment where the
Sexual Abuse. Children, whether male or prostitution takes place, or of the sauna,
female, who for money, profit, or any other disco, bar, resort, place of entertainment
consideration or due to the coercion or influence or establishment serving as a cover or

72
 which engages in prostitution in addition recruits women or couples to bear
to the activity for which the license has children for the purpose of child
been issued to said establishment. trafficking; or
Section 6. Attempt To Commit Child (d) When a doctor, hospital or clinic
Prostitution. There is an attempt to commit official or employee, nurse, midwife,
child prostitution under Section 5, paragraph (a) local civil registrar or any other person
hereof when any person who, not being a simulates birth for the purpose of child
relative of a child, is found alone with the said trafficking; or
child inside the room or cubicle of a house, an (e) When a person engages in the act of
inn, hotel, motel, pension house, apartelle or finding children among low-income
other similar establishments, vessel, vehicle or families, hospitals, clinics, nurseries,
any other hidden or secluded area under day-care centers, or other child-during
circumstances which would lead a reasonable institutions who can be offered for the
person to believe that the child is about to be purpose of child trafficking.
exploited in prostitution and other sexual abuse.
A penalty lower two (2) degrees than that
There is also an attempt to commit child prescribed for the consummated felony under
prostitution, under paragraph (b) of Section 5 Section 7 hereof shall be imposed upon the
hereof when any person is receiving services principals of the attempt to commit child
from a child in a sauna parlor or bath, massage trafficking under this Act.
clinic, health club and other similar
establishments. A penalty lower by two (2) ARTICLE V
degrees than that prescribed for the Obscene Publications and Indecent Shows
consummated felony under Section 5 hereof Section 9. Obscene Publications and
shall be imposed upon the principals of the Indecent Shows. Any person who shall hire,
attempt to commit the crime of child prostitution employ, use, persuade, induce or coerce a child
under this Act, or, in the proper case, under the to perform in obscene exhibitions and indecent
Revised Penal Code. shows, whether live or in video, or model in
ARTICLE IV obscene publications or pornographic materials
Child Trafficking or to sell or distribute the said materials shall
suffer the penalty of prision mayor in its medium
Section 7.Child Trafficking. Any person who period.
shall engage in trading and dealing with children
including, but not limited to, the act of buying If the child used as a performer, subject or seller/
and selling of a child for money, or for any other distributor is below twelve (12) years of age, the
consideration, or barter, shall suffer the penalty penalty shall be imposed in its maximum period.
of reclusion temporal to reclusion perpetua. The Any ascendant, guardian, or person entrusted in
penalty shall be imposed in its maximum period any capacity with the care of a child who shall
when the victim is under twelve (12) years of cause and/or allow such child to be employed or
age. to participate in an obscene play, scene, act,
Section 8. Attempt to Commit Child movie or show or in any other acts covered by
Trafficking. There is an attempt to commit this section shall suffer the penalty of prision
child trafficking under Section 7 of this Act: mayor in its medium period.
1awphi1@alf ARTICLE VI
(a) When a child travels alone to a Other Acts of Abuse
foreign country without valid reason Section 10. Other Acts of Neglect, Abuse,
therefor and without clearance issued by Cruelty or Exploitation and Other Conditions
the Department of Social Welfare and Prejudicial to the Child's Development.
Development or written permit or
justification from the child's parents or (a) Any person who shall commit any
legal guardian; other acts of child abuse, cruelty or
exploitation or to be responsible for
( c ) W h e n a p e r s o n , a g e n c y, other conditions prejudicial to the child's
establishment or child-caring institution

73
development including those covered by license to operate such a place or
Article 59 of Presidential Decree No. establishment.
603, as amended, but not covered by (e) Any person who shall use, coerce,
the Revised Penal Code, as amended, force or intimidate a street child or any
shall suffer the penalty of prision mayor other child to;
in its minimum period.
(1) Beg or use begging as a
(b) Any person who shall keep or have means of living;
in his company a minor, twelve (12)
years or under or who in ten (10) years (2) Act as conduit or middlemen
or more his junior in any public or in drug trafficking or pushing; or
private place, hotel, motel, beer joint, (3) Conduct any illegal activities,
discotheque, cabaret, pension house, shall suffer the penalty of prision
sauna or massage parlor, beach and/or correccional in its medium
other tourist resort or similar places shall period to reclusion perpetua.
suffer the penalty of prision mayor in its
maximum period and a fine of not less For purposes of this Act, the penalty for the
than Fifty thousand pesos (P50,000): commission of acts punishable under Articles
Provided, That this provision shall not 248, 249, 262, paragraph 2, and 263, paragraph
apply to any person who is related 1 of Act No. 3815, as amended, the Revised
within the fourth degree of consanguinity Penal Code, for the crimes of murder, homicide,
or affinity or any bond recognized by other intentional mutilation, and serious physical
law, local custom and tradition or acts in injuries, respectively, shall be reclusion perpetua
the performance of a social, moral or when the victim is under twelve (12) years of
legal duty. age. The penalty for the commission of acts
punishable under Article 337, 339, 340 and 341
(c) Any person who shall induce, deliver of Act No. 3815, as amended, the Revised Penal
or offer a minor to any one prohibited by Code, for the crimes of qualified seduction, acts
this Act to keep or have in his company of lasciviousness with the consent of the
a minor as provided in the preceding offended party, corruption of minors, and white
paragraph shall suffer the penalty of slave trade, respectively, shall be one (1) degree
prision mayor in its medium period and higher than that imposed by law when the victim
a fine of not less than Forty thousand is under twelve (12) years age.
pesos (P40,000); Provided, however,
That should the perpetrator be an The victim of the acts committed under this
ascendant, stepparent or guardian of section shall be entrusted to the care of the
the minor, the penalty to be imposed Department of Social Welfare and Development.
shall be prision mayor in its maximum ARTICLE VII
period, a fine of not less than Fifty Sanctions for Establishments or Enterprises
thousand pesos (P50,000), and the loss
Section 11. Sanctions of Establishments or
of parental authority over the minor.
Enterprises which Promote, Facilitate, or
(d) Any person, owner, manager or one Conduct Activities Constituting Child
entrusted with the operation of any Prostitution and Other Sexual Abuse, Child
public or private place of Trafficking, Obscene Publications and
accommodation, whether for occupancy, Indecent Shows, and Other Acts of Abuse.
food, drink or otherwise, including All establishments and enterprises which
residential places, who allows any promote or facilitate child prostitution and other
person to take along with him to such sexual abuse, child trafficking, obscene
place or places any minor herein publications and indecent shows, and other acts
described shall be imposed a penalty of of abuse shall be immediately closed and their
prision mayor in its medium period and authority or license to operate cancelled, without
a fine of not less than Fifty thousand prejudice to the owner or manager thereof being
pesos (P50,000), and the loss of the prosecuted under this Act and/or the Revised
Penal Code, as amended, or special laws. A

74
sign with the words "off limits" shall be of the Department of Labor and
conspicuously displayed outside the Employment: Provided, That the
establishments or enterprises by the Department following requirements in all instances
of Social Welfare and Development for such are strictly complied with:
period which shall not be less than one (1) year, (a) The employer shall ensure the
as the Department may determine. The protection, health, safety and morals of
unauthorized removal of such sign shall be the child;
punishable by prision correccional.
(b) the employer shall institute
An establishment shall be deemed to promote or measures to prevent the child's
facilitate child prostitution and other sexual exploitation or discrimination taking into
abuse, child trafficking, obscene publications account the system and level of
and indecent shows, and other acts of abuse if remuneration, and the duration and
the acts constituting the same occur in the arrangement of working time; and;
premises of said establishment under this Act or
in violation of the Revised Penal Code, as (c) The employer shall formulate and
amended. An enterprise such as a sauna, travel implement, subject to the approval and
agency, or recruitment agency which: promotes supervision of competent authorities, a
the aforementioned acts as part of a tour for continuing program for training and skill
foreign tourists; exhibits children in a lewd or acquisition of the child.
indecent show; provides child masseurs for In the above exceptional cases where any such
adults of the same or opposite sex and said child may be employed, the employer shall first
services include any lascivious conduct with the secure, before engaging such child, a work
customers; or solicits children or activities permit from the Department of Labor and
constituting the aforementioned acts shall be Employment which shall ensure observance of
deemed to have committed the acts penalized the above requirement.
herein.
The Department of Labor Employment shall
ARTICLE VIII promulgate rules and regulations necessary for
Working Children the effective implementation of this Section.
Section 12. Employment of Children. Section 13. Non-formal Education for
Children below fifteen (15) years of age may be Working Children. The Department of
employed except: Education, Culture and Sports shall promulgate
(1) When a child works directly under a course design under its non-formal education
the sole responsibility of his parents or program aimed at promoting the intellectual,
legal guardian and where only members moral and vocational efficiency of working
of the employer's family are employed: children who have not undergone or finished
P r o v i d e d , h o w e v e r, T h a t h i s elementary or secondary education. Such
employment neither endangers his life, course design shall integrate the learning
safety and health and morals, nor process deemed most effective under given
impairs his normal development: circumstances.
Provided, further, That the parent or Section 14. Prohibition on the Employment
legal guardian shall provide the said of Children in Certain Advertisements. No
minor child with the prescribed primary person shall employ child models in all
and/or secondary education; or commercials or advertisements promoting
(2) When a child's employment or alcoholic beverages, intoxicating drinks, tobacco
participation in public & entertainment or and its byproducts and violence.
information through cinema, theater, Section 15. Duty of Employer. Every
radio or television is essential: Provided, employer shall comply with the duties provided
The employment contract concluded by for in Articles 108 and 109 of Presidential
the child's parent or guardian, with the Decree No. 603.
express agreement of the child
concerned, if possible, and the approval Section 16. Penalties. Any person who shall
violate any provision of this Article shall suffer

75
the penalty of a fine of not less than One Section 21.Participation. Indigenous cultural
thousand pesos (P1,000) but not more than Ten communities, through their duly-designated or
thousand pesos (P10,000) or imprisonment of appointed representatives shall be involved in
not less than three (3) months but not more than planning, decision-making implementation, and
three (3) years, or both at the discretion of the evaluation of all government programs affecting
court; Provided, That, in case of repeated children of indigenous cultural communities.
violations of the provisions of this Article, the Indigenous institution shall also be recognized
offender's license to operate shall be revoked. and respected.
ARTICLE IX ARTICLE X
Children of Indigenous Cultural Communities Children in Situations of Armed Conflict
Section 17. Survival, Protection and Section 22. Children as Zones of Peace.
Development. In addition to the rights Children are hereby declared as Zones of
guaranteed to children under this Act and other Peace. It shall be the responsibility of the State
existing laws, children of indigenous cultural and all other sectors concerned to resolve
communities shall be entitled to protection, armed conflicts in order to promote the goal of
survival and development consistent with the children as zones of peace. To attain this
customs and traditions of their respective objective, the following policies shall be
communities. observed.
Section 18. System of and Access to (a) Children shall not be the object of
Education. The Department of Education, attack and shall be entitled to special
Culture and Sports shall develop and institute an respect. They shall be protected from
alternative system of education for children of any form of threat, assault, torture or
indigenous cultural communities which culture- other cruel, inhumane or degrading
specific and relevant to the needs of and the treatment;
existing situation in their communities. The (b) Children shall not be recruited to
Department of Education, Culture and Sports become members of the Armed Forces
shall also accredit and support non-formal but of the Philippines of its civilian units or
functional indigenous educational programs other armed groups, nor be allowed to
conducted by non-government organizations in take part in the fighting, or used as
said communities. guides, couriers, or spies;
Section 19. Health and Nutrition. The (c) Delivery of basic social services such
delivery of basic social services in health and as education, primary health and
nutrition to children of indigenous cultural emergency relief services shall be kept
communities shall be given priority by all unhampered;
government agencies concerned. Hospitals and
other health institution shall ensure that children (d) The safety and protection of those
of indigenous cultural communities are given who provide services including those
equal attention. In the provision of health and involved in fact-finding missions from
nutrition services to children of indigenous both government and non-government
cultural communities, indigenous health institutions shall be ensured. They shall
practices shall be respected and recognized. not be subjected to undue harassment
in the performance of their work;
Section 20. Discrimination. Children of
indigenous cultural communities shall not be (e) Public infrastructure such as
subjected to any and all forms of discrimination. schools, hospitals and rural health units
shall not be utilized for military purposes
Any person who discriminate against children of such as command posts, barracks,
indigenous cultural communities shall suffer a detachments, and supply depots; and
penalty of arresto mayor in its maximum period
and a fine of not less than Five thousand pesos (f) All appropriate steps shall be taken to
(P5,000) more than Ten thousand pesos facilitate the reunion of families
(P10,000). temporarily separated due to armed
conflict.

76
Section 23. Evacuation of Children During other responsible person, until he has had
Armed Conflict. Children shall be given reached eighteen (18) years of age or, for a
priority during evacuation as a result of armed shorter period as the court may deem proper,
conflict. Existing community organizations shall after considering the reports and
be tapped to look after the safety and well-being recommendations of the Department of Social
of children during evacuation operations. Welfare and Development or the agency or
Measures shall be taken to ensure that children responsible individual under whose care he has
evacuated are accompanied by persons been committed.
responsible for their safety and well-being. The aforesaid child shall subject to visitation and
Section 24. Family Life and Temporary supervision by a representative of the
Shelter. Whenever possible, members of the Department of Social Welfare and Development
same family shall be housed in the same or any duly-licensed agency or such other officer
premises and given separate accommodation as the court may designate subject to such
from other evacuees and provided with facilities conditions as it may prescribe.
to lead a normal family life. In places of The aforesaid child whose sentence is
temporary shelter, expectant and nursing suspended can appeal from the order of the
mothers and children shall be given additional court in the same manner as appeals in criminal
food in proportion to their physiological needs. cases.
Whenever feasible, children shall be given
opportunities for physical exercise, sports and Section 26. Monitoring and Reporting of
outdoor games. Children in Situations of Armed Conflict.
The chairman of the barangay affected by the
Section 25. Rights of Children Arrested for armed conflict shall submit the names of
Reasons Related to Armed Conflict. Any children residing in said barangay to the
child who has been arrested for reasons related municipal social welfare and development officer
to armed conflict, either as combatant, courier, within twenty-four (24) hours from the
guide or spy is entitled to the following rights; occurrence of the armed conflict.
(a) Separate detention from adults ARTICLE XI
except where families are Remedial Procedures
accommodated as family units;
Section 27. Who May File a Complaint.
(b) Immediate free legal assistance; Complaints on cases of unlawful acts committed
(c) Immediate notice of such arrest to against the children as enumerated herein may
the parents or guardians of the child; be filed by the following:
and (a) Offended party;
(d) Release of the child on recognizance (b) Parents or guardians;
within twenty-four (24) hours to the
custody of the Department of Social (c) Ascendant or collateral relative within
Welfare and Development or any the third degree of consanguinity;
responsible member of the community 1awphi1@ITC
as determined by the court. ( d ) O f fi c e r , s o c i a l w o r k e r o r
If after hearing the evidence in the proper representative of a licensed child-caring
proceedings the court should find that the institution;
aforesaid child committed the acts charged (e) Officer or social worker of the
against him, the court shall determine the Department of Social Welfare and
imposable penalty, including any civil liability Development;
chargeable against him. However, instead of
pronouncing judgment of conviction, the court (f) Barangay chairman; or
shall suspend all further proceedings and shall (g) At least three (3) concerned
commit such child to the custody or care of the responsible citizens where the violation
Department of Social Welfare and Development occurred.
or to any training institution operated by the
Government, or duly-licensed agencies or any

77
Section 28.Protective Custody of the Child. (c) The penalty provided herein shall be
The offended party shall be immediately placed imposed in its maximum period when
under the protective custody of the Department the perpetrator is an ascendant, parent
of Social Welfare and Development pursuant to guardian, stepparent or collateral
Executive Order No. 56, series of 1986. In the relative within the second degree of
regular performance of this function, the officer consanguinity or affinity, or a manager
of the Department of Social Welfare and or owner of an establishment which has
Development shall be free from any no license to operate or its license has
administrative, civil or criminal liability. Custody expired or has been revoked;
proceedings shall be in accordance with the (d) When the offender is a foreigner, he
provisions of Presidential Decree No. 603. shall be deported immediately after
Section 29.Confidentiality. At the instance of service of sentence and forever barred
the offended party, his name may be withheld from entry to the country;
from the public until the court acquires (e) The penalty provided for in this Act
jurisdiction over the case. shall be imposed in its maximum period
It shall be unlawful for any editor, publisher, and if the offender is a public officer or
reporter or columnist in case of printed employee: Provided, however, That if
materials, announcer or producer in case of the penalty imposed is reclusion
television and radio broadcasting, producer and perpetua or reclusion temporal, then the
director of the film in case of the movie industry, penalty of perpetual or temporary
to cause undue and sensationalized publicity of absolute disqualification shall also be
any case of violation of this Act which results in imposed: Provided, finally, That if the
the moral degradation and suffering of the penalty imposed is prision correccional
offended party. or arresto mayor, the penalty of
suspension shall also be imposed; and
Section 30. Special Court Proceedings.
Cases involving violations of this Act shall be (f) A fine to be determined by the court
heard in the chambers of the judge of the shall be imposed and administered as a
Regional Trial Court duly designated as Juvenile cash fund by the Department of Social
and Domestic Court. Welfare and Development and
disbursed for the rehabilitation of each
Any provision of existing law to the contrary
child victim, or any immediate member
notwithstanding and with the exception of
of his family if the latter is the
habeas corpus, election cases, and cases
perpetrator of the offense.
involving detention prisoners and persons
covered by Republic Act No. 4908, all courts ARTICLE XIII
shall give preference to the hearing or Final Provisions
disposition of cases involving violations of this Section 32. Rules and Regulations. Unless
Act. otherwise provided in this Act, the Department of
ARTICLE XII Justice, in coordination with the Department of
Common Penal Provisions Social Welfare and Development, shall
promulgate rules and regulations of the effective
Section 31.Common Penal Provisions.
implementation of this Act.
(a) The penalty provided under this Act
Such rules and regulations shall take effect upon
shall be imposed in its maximum period
their publication in two (2) national newspapers
if the offender has been previously
of general circulation.
convicted under this Act;
Section 33. Appropriations. The amount
(b) When the offender is a corporation,
necessary to carry out the provisions of this Act
partnership or association, the officer or
is hereby authorized to be appropriated in the
employee thereof who is responsible for
General Appropriations Act of the year following
the violation of this Act shall suffer the
its enactment into law and thereafter.
penalty imposed in its maximum period;

78
Section 34. Separability Clause. If any
provision of this Act is declared invalid or
unconstitutional, the remaining provisions not
affected thereby shall continue in full force and
effect.
Section 35. Repealing Clause. All laws,
decrees, or rules inconsistent with the provisions
of this Acts are hereby repealed or modified
accordingly.
Section 36.Effectivity Clause. This Act shall
take effect upon completion of its publication in
at least two (2) national newspapers of general
circulation.
Approved:June 17, 1992.

Republic Act 7658

AN ACT PROHIBITING THE EMPLOYMENT

OF CHILDREN BELOW 15 YEARS OF AGE IN
PUBLIC AND PRIVATE UNDERTAKINGS,
AMENDING FOR ITS PURPOSE SECTION 12,
ARTICLE VIII OF R.A. 7610.

Section 1. Section 12, Article VIII of R. A. No.

7610 otherwise known as the "Special
Protection of Children Against Child Abuse,
Exploitation and Discrimination Act" is hereby
amended to read as follows:

"Sec. 12. Employment of Children.

Children below fifteen (15) years of age shall not
be employed except:

(1) When a child works directly under the

sole responsibility of his parents or legal
guardian and where only members of the
employer's family are employed: Provided,
however, That his employment neither
endangers his life, safety, health and morals, nor
impairs his normal development; Provided,
further, That the parent or legal guardian shall
provide the said minor child with the prescribed
primary and/or secondary education; or
(2) Where a child's employment or
participation in public entertainment or

79
information through cinema, theater, radio or
television is essential: Provided, The
employment contract is concluded by the child's
parents or legal guardian, with the express
agreement of the child concerned, if possible,
and the approval of the Department of Labor
and Employment: and Provided, That the
following requirements in all instances are
strictly complied with:

(a) The employer shall ensure the

protection, health, safety, morals and normal
development of the child;
(b) The employer shall institute
measures to prevent the child's exploitation or
discrimination taking into account the system
and level of remuneration, and the duration and
arrangement of working time; and
(c) The employer shall formulate and
implement, subject to the approval and
supervision of competent authorities, a
continuing program for training and skills
acquisition of the child. Republic of the Philippines
Congress of the Philippines
Metro Manila
In the above exceptional cases where any such
child may be employed, the employer shall first Twelfth Congress
secure, before engaging such child, a work Third Regular Session
permit from the Department of Labor and
Employment which shall ensure observance of Begun and held in Metro Manila, on Monday, the
the above requirements. twenty-eighth day of July, two thousand three.
The Department of Labor and Employment shall
promulgate rules and regulations necessary for
the effective implementation of this Section." Republic Act No. 9231

Sec. 2.All laws, decrees, executive orders, rules December 19, 2003
and regulations or parts thereof contrary to, or AN ACT PROVIDING FOR THE ELIMINATION
inconsistent with this Act are hereby modified or OF THE WORST FORMS OF CHILD LABOR
repealed accordingly. AND AFFORDING STRONGER PROTECTION
FOR THE WORKING CHILD, AMENDING FOR
THIS PURPOSE REPUBLIC ACTNO. 7610, AS
Sec. 3. This Act shall take effect fifteen (15)
AMENDED, OTHERWISE KNOWN AS THE
days after its complete publication in the Official
"SPECIAL PROTECTION OF CHILDREN
Gazette or in at least two (2) national
AGAINST CHILD ABUSE, EXPLOITATION
newspapers or general circulation whichever
AND DISCRIMINATION ACT"
comes earlier.
Be it enacted by the Senate and the House of
Representatives of the Philippines in Congress
assembled:
Section 1. Section 2 of Republic Act No. 7610,
as amended, otherwise known as the "Special
Protection of Children Against Child Abuse,
Exploitation and Discrimination Act", is hereby
amended to read as follows:

80
 "Sec. 2.Declaration of State Policy and her family are
Principles. - It is hereby declared to be e m p l o y e d : P r o v i d e d ,
the policy of the State to provide special h o w e v e r , T h a t h i s / h e r
protection to children from all forms of employment neither endangers
abuse, neglect, cruelty, exploitation and his/her life, safety, health, and
discrimination, and other conditions morals, nor impairs his/her
prejudicial to their development normal development: Provided,
including child labor and its worst forms; further, That the parent or legal
provide sanctions for their commission guardian shall provide the said
and carry out a program for prevention child with the prescribed primary
and deterrence of and crisis intervention and/or secondary education; or
in situations of child abuse, exploitation "2) Where a child's employment
and discrimination. The State shall or participation in public
intervene on behalf of the child when the entertainment or information
parent, guardian, teacher or person through cinema, theater, radio,
having care or custody of the child fails television or other forms of
or is unable to protect the child against media is essential: Provided,
abuse, exploitation and discrimination or That the employment contract is
when such acts against the child are concluded by the child's parents
committed by the said parent, guardian, or legal guardian, with the
teacher or person having care and express agreement of the child
custody of the same. concerned, if possible, and the
"It shall be the policy of the State to approval of the Department of
protect and rehabilitate children gravely Labor and
threatened or endangered by Employment: Provided, further,
circumstances which affect or will affect That the following requirements
their survival and normal development in all instances are strictly
and over which they have no control. complied with:
"The best interests of children shall be "(a) The employer shall
the paramount consideration in all ensure the protection,
actions concerning them, whether health, safety, morals
undertaken by public or private social and normal
welfare institutions, courts of law, development of the
administrative authorities, and legislative child;
bodies, consistent with the principle of "(b) The employer shall
First Call for Children as enunciated in institute measures to
the United Nations Convention on the prevent the child's
Rights of the Child. Every effort shall be exploitation or
exerted to promote the welfare of discrimination taking
children and enhance their opportunities into account the system
for a useful and happy life." and level of
Section 2. Section 12 of the same Act, as remuneration, and the
amended, is hereby further amended to read as duration and
follows: arrangement of working
time; and
"Sec. 2. Employment of Children -
Children below fifteen (15) years of age "(c) The employer shall
shall not be employed except: formulate and
implement, subject to
"1) When a child works directly
the approval and
under the sole responsibility of
supervision of
his/her parents or legal guardian
competent authorities, a
and where only members of his/
continuing program for

81
 training and skills of the family: Provided, That not more
acquisition of the child. than twenty percent (20%) of the child's
income may be used for the collective
"In the above-exceptional cases
needs of the family.
where any such child may be
employed, the employer shall "The income of the working child and/or
first secure, before engaging the property acquired through the work
such child, a work permit from of the child shall be administered by
the Department of Labor and both parents. In the absence or
Employment which shall ensure incapacity of either of the parents, the
observance of the above other parent shall administer the same.
requirements. In case both parents are absent or
incapacitated, the order of preference
"For purposes of this Article, the
on parental authority as provided for
term "child" shall apply to all
under the Family Code shall apply.
persons under eighteen (18)
years of age." "Sec. 12-C.Trust Fund to Preserve Part
of the Working Child's Income. - The
Section 3. The same Act, as amended, is
parent or legal guardian of a working
hereby further amended by adding new sections
child below eighteen (18) years of age
to be denominated as Sections 12-A, 12-B, 12-
shall set up a trust fund for at least thirty
C, and 12-D to read as follows:
percent (30%) of the earnings of the
"Sec. 2-A. Hours of Work of a Working child whose wages and salaries from
Child. - Under the exceptions provided work and other income amount to at
in Section 12 of this Act, as amended: least two hundred thousand pesos
"(1) A child below fifteen (15) years of (P200,000.00) annually, for which he/
age may be allowed to work for not she shall render a semi-annual
more than twenty (20) hours a accounting of the fund to the
week:Provided, That the work shall not Department of Labor and Employment,
be more than four (4) hours at any given in compliance with the provisions of this
day; Act. The child shall have full control over
the trust fund upon reaching the age of
"(2) A child fifteen (15) years of age but majority.
below eighteen (18) shall not be allowed
to work for more than eight (8) hours a "Sec. 12-D. Prohibition Against Worst
day, and in no case beyond forty (40) Forms of Child Labor. - No child shall be
hours a week; engaged in the worst forms of child
labor. The phrase "worst forms of child
"(3) No child below fifteen (15) years of labor" shall refer to any of the following:
age shall be allowed to work between
eight o'clock in the evening and six "(1) All forms of slavery, as
o'clock in the morning of the following d e fi n e d u n d e r t h e " A n t i -
day and no child fifteen (15) years of trafficking in Persons Act of
age but below eighteen (18) shall be 2003", or practices similar to
allowed to work between ten o'clock in slavery such as sale and
the evening and six o'clock in the trafficking of children, debt
morning of the following day." bondage and serfdom and
forced or compulsory labor,
"Sec. 12-B. Ownership, Usage and including recruitment of children
Administration of the Working Child's for use in armed conflict; or
Income. - The wages, salaries, earnings
and other income of the working child "(2) The use, procuring, offering
shall belong to him/her in ownership and or exposing of a child for
shall be set aside primarily for his/her prostitution, for the production of
support, education or skills acquisition pornography or for pornographic
and secondarily to the collective needs performances; or

82
"(3) The use, procuring or noxious components and
offering of a child for illegal or the like, or to extreme
illicit activities, including the temperatures, noise
production and trafficking of levels, or vibrations; or
dangerous drugs and volatile "g) Is performed under
substances prohibited under p a r t i c u l a r l y d i f fi c u l t
existing laws; or conditions; or
"(4) Work which, by its nature or "h) Exposes the child to
the circumstances in which it is biological agents such as
carried out, is hazardous or bacteria, fungi, viruses,
likely to be harmful to the health, protozoans, nematodes
safety or morals of children, and other parasites; or
such that it:
"i) Involves the manufacture or
"a) Debases, degrades or handling of explosives
demeans the intrinsic and other pyrotechnic
worth and dignity of a products."
child as a human being;
or Section 4.Section 13 of the same Act is hereby
amended to read as follows:
"b) Exposes the child to
physical, emotional or "Sec. 13. Access to Education and
sexual abuse, or is found Training for Working Children - "a) No
to be highly stressful child shall be deprived of formal or non-
psychologically or may formal education. In all cases of
prejudice morals; or employment allowed in this Act, the
employer shall provide a working child
"c) Is performed underground, with access to at least primary and
underwater or at secondary education.
dangerous heights; or
"b) To ensure and guarantee the access
"d) Involves the use of of the working child to education and
dangerous machinery, training, the Department of Education
equipment and tools such (DEPED) shall: (1) formulate,
as power-driven or promulgate, and implement relevant and
explosive power-actuated effective course designs and
tools; or educational programs; (2) conduct the
"e) Exposes the child to necessary training for the
physical danger such as, implementation of the appropriate
but not limited to the curriculum for the purpose; (3) ensure
dangerous feats of the availability of the needed
balancing, physical educational facilities and materials; and
strength or contortion, or (4) conduct continuing research and
which requires the manual development program for the necessary
transport of heavy loads; and relevant alternative education of the
or working child.
"f) Is performed in an "c) The DEPED shall promulgate a
unhealthy environment course design under its non-formal
exposing the child to education program aimed at promoting
hazardous working the intellectual, moral and vocational
conditions, elements, efficiency of working children who have
substances, co-agents or not undergone or finished elementary or
processes involving secondary education. Such course
ionizing, radiation, fire, design shall integrate the learning
flammable substances,

83
 process deemed most effective under Dangerous Drugs Act of
given circumstances." 2002";Provided, That such penalty shall
be imposed in its maximum period.
Section 5.Section 14 of the same Act is hereby
amended to read as follows: "e) If a corporation commits any of the
violations aforecited, the board of
"Sec. 14.Prohibition on the Employment
directors/trustees and officers, which
of Children in Certain Advertisements. -
include the president, treasurer and
No child shall be employed as a model
secretary of the said corporation who
in any advertisement directly or
participated in or knowingly allowed the
indirectly promoting alcoholic
violation, shall be penalized accordingly
beverages, intoxicating drinks, tobacco
as provided for under this Section.
and its byproducts, gambling or any
form of violence or pornography." "f) Parents, biological or by legal fiction,
and legal guardians found to be violating
Section 6.Section 16 of the same Act, is hereby
Sections 12, 12-A, 12-B and 12-C of this
amended to read as follows:
Act shall pay a fine of not less than Ten
"Sec. 16.Penal Provisions - thousand pesos (P10,000.00) but not
"a) Any employer who violates Sections more than One hundred thousand pesos
12, 12-A, and Section 14 of this act, as (P100,000.00), or be required to render
amended, shall be penalized by community service for not less than
imprisonment of six (6) months and one thirty (30) days but not more than one
(1) day to six (6) years or a fine of not (1) year, or both such fine and
less than Fifty thousand pesos community service at the discretion of
(P50,000.00) but not more than Three the court: Provided, That the maximum
hundred thousand pesos (P300,000.00) length of community service shall be
or both at the discretion of the court. imposed on parents or legal guardians
who have violated the provisions of this
"b) Any person who violates the Act three (3) times; Provided, further,
provision of Section 12-D of this act or That in addition to the community
the employer of the subcontractor who service, the penalty of imprisonment of
employs, or the one who facilitates the thirty (30) days but not more than one
employment of a child in hazardous (1) year or both at the discretion of the
work, shall suffer the penalty of a fine of court, shall be imposed on the parents
not less than One hundred thousand or legal guardians who have violated the
pesos (P100,000.00) but not more than provisions of this Act more than three (3)
One million pesos (P1,000,000.00), or times.
imprisonment of not less than twelve
(12) years and one (1) day to twenty "g) The Secretary, of Labor and
(20) years, or both such fine and Employment or his/her duly authorized
imprisonment at the discretion of the representative may, after due notice and
court. hearing, order the closure of any
business firm or establishment found to
"c) Any person who violates Sections have violated any of the provisions of
12-D(1) and 12-D(2) shall be prosecuted this Act more than three (3) times. He/
and penalized in accordance with the she shall likewise order the immediate
penalty provided for by R. A. 9208 closure of such firm or establishment if:
otherwise known as the "Anti-trafficking
in Persons Act of 2003":Provided,That "(1) The violation of any
Such penalty shall be imposed in its provision of this Act has resulted
maximum period. in the death, insanity or serious
physical injury of a child
"d) Any person who violates Section 12- employed in such
D (3) shall be prosecuted and penalized establishment; or
in accordance with R.A. 9165, otherwise
known as the "Comprehensive

84
 "(2) Such firm or establishment Section 9. The same Act is hereby further
is engaged or employed in amended by adding new sections to Section 16
prostitution or in obscene or to be denominated as Sections 16-A, 16-B and
lewd shows. 16-C to read as follows:
"h) In case of such closure, the "Sec. 16-A. Jurisdiction - The family
employer shall be required to pay the courts shall have original jurisdiction
employee(s) the separation pay and over all cases involving offenses
other monetary benefits provided for by punishable under this
law." Act:Provided,That in cities or provinces
where there are no family courts yet, the
Section 7. The same Act is hereby further
regional trial courts and the municipal
amended by adding a new section to be
trial courts shall have concurrent
denominated as Section 16-A, to read as
jurisdiction depending on the penalties
follows:
prescribed for the offense charged.
"Sec. 16-A. Trust Fund from Fines and
"The preliminary investigation of cases
Penalties - The fine imposed by the
filed under this Act shall be terminated
court shall be treated as a Trust Fund,
within a period of thirty (30) days from
administered by the Department of
the date of filing.
Labor and Employment and disbursed
exclusively for the needs, including the "If the preliminary investigation
costs of rehabilitation and reintegration establishes aprima faciecase, then the
into the mainstream of society of the corresponding information shall be filed
working children who are victims of the in court within forty eight (48) hours from
violations of this Act, and for the the termination of the investigation.
programs and projects that will prevent "Trial of cases under this Act shall be
acts of child labor." terminated by the court not later than
Section 8. Section 27 of the same Act is hereby ninety (90) days from the date of filing of
amended to read as follows: information. Decision on said cases
shall be rendered within a period of
"Sec. 27. Who May File a Complaint -
fifteen (15) days from the date of
Complaints on cases of unlawful acts
submission of the case.
committed against children as
enumerated herein may be filed by the "Sec. 15.Exemptions from Filing Fees. -
following: When the victim of child labor institutes
a separate civil action for the recovery of
"(a) Offended party;
civil damages, he/she shall be exempt
"(b) Parents or guardians; from payment of filing fees.
"(c) Ascendant or collateral relative "Sec. 16-C.Access to Immediate Legal,
within the third degree of Medical and Psycho-Social Services -
consanguinity; The working child shall have the right to
"(d) Officer, social worker or free legal, medical and psycho-social
representative of a licensed child- services to be provided by the State."
caring institution; S e c t i o n 1 0 . I m p l e m e n t i n g R u l e s a n d
"(e) Officer or social worker of the Regulations - The Secretary of Labor and
Department of Social Welfare and Employment, in coordination with the
Development; Committees on Labor and Employment of both
Houses of Congress, shall issue the necessary
"(f) Barangay chairman of the place Implementing Rules and Regulations (IRR) to
where the violation occurred, where effectively implement the provisions of this Act,
the child is residing or employed; or in consultation with concerned public and private
"(g) At least three (3) concerned, sectors, within sixty (60) days from the effectivity
responsible citizens where the of this Act.
violation occurred."

85
 Such rules and regulations shall take
effect upon their publication in two (2)
national newspapers of general
circulation.
Section 11. Separability Clause. - If any
provision of this Act is declared invalid or
unconstitutional, the validity of the remaining
provisions hereof shall remain in full force and
effect.
Section 12. Repealing Clause. - All laws,
decrees, or rules inconsistent with the provisions
of this Act are hereby repealed or modified
accordingly.
Section 13. Effectivity. - This Act shall take
effect fifteen (15) days from the date of its
complete publication in theOfficial Gazetteor in
at least two (2) national newspapers of general
circulation.

Republic of the Philippines

Congress of the Philippines
Metro Manila
Fourteenth Congress
Third Regular Session

Republic Act No. 9775

AN ACT DEFINING THE CRIME OF CHILD
PORNOGRAPHY, PRESCRIBING PENALTIES
THEREFOR AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of
Representatives of the Philippines in Congress
assembled:
Section 1.Short Title.- This Act shall be known
as the"Anti-Child Pornography Act of 2009."
Section 2. Declaration of Policy. - The State
recognizes the vital role of the youth in nation
building and shall promote and protect their
physical, moral, spiritual, intellectual, emotional,
psychological and social well-being. Towards
this end, the State shall:

86
 (a) Guarantee the fundamental rights of (b) "Child pornography" refers to any
every child from all forms of neglect, representation, whether visual, audio, or
cruelty and other conditions prejudicial written combination thereof, by
to his/her development; electronic, mechanical, digital, optical,
magnetic or any other means, of child
(b) Protect every child from all forms of
engaged or involved in real or simulated
exploitation and abuse including, but not
explicit sexual activities.
limited to:
(c) "Explicit Sexual Activity" includes
(1) the use of a child in
actual or simulated -
pornographic performances and
materials; and (1) As to form:
(2) the inducement or coercion (i) sexual intercourse or
of a child to engage or be lascivious act including, but not
involved in pornography through limited to, contact involving
whatever means; and genital to genital, oral to genital,
anal to genital, or oral to anal,
(c) Comply with international treaties to
whether between persons of the
which the Philippines is a signatory or a
same or opposite sex;
State party concerning the rights of
children which include, but not limited to, (2) bestiality;
the Convention on the Rights of the (3) masturbation;
Child, the Optional Protocol to the
Convention on the Rights of the Child of (4) sadistic or masochistic
the Child on the Sale of Children, Child abuse;
Prostitution and Child Pornography, the (5) lascivious exhibition of the
International Labor Organization (ILO) genitals, buttocks, breasts,
Convention No.182 on the Elimination of pubic area and/or anus; or
the Worst Forms of Child Labor and the
Convention Against Transnational (6) use of any object or
Organized Crime. instrument for lascivious acts

Section 3.Definition of Terms.- (d) "Internet address" refers to a

website, bulletin board service, internet
(a) "Child" refers to a person below chat room or news group, or any other
eighteen (18) years of age or over, but is internet or shared network protocol
unable to fully take care of himself/ address.
herself from abuse, neglect, cruelty,
exploitation or discrimination because of (e) "Internet cafe or kiosk" refers to an
a physical or mental disability or establishment that offers or proposes to
condition. offer services to the public for the use of
its computer/s or computer system for
For the purpose of this Act, a child shall the purpose of accessing the internet,
also refer to: computer games or related services.
(1) a person regardless of age (f) "Internet content host" refers to a
who is presented, depicted or person who hosts or who proposes to
portrayed as a child as defined host internet content in the Philippines.
herein; and
(g) "Internet service provider (ISP)"
(2) computer-generated, digitally refers to a person or entity that supplies
or manually crafted images or or proposes to supply, an internet
graphics of a person who is carriage service to the public.
represented or who is made to
appear to be a child as defined (h) "Grooming" refers to the act of
herein. preparing a child or someone who the
offender believes to be a child for sexual
activity or sexual relationship by

87
 communicating any form of child establishments purporting to be a
p o r n o g r a p h y. I t i n c l u d e s o n l i n e legitimate business;
enticement or enticement through any (f) For film distributors, theaters and
other means. telecommunication companies, by
(i) "Luring" refers to the act of themselves or in cooperation with other
communicating, by means of a entities, to distribute any form of child
computer system, with a child or pornography;
someone who the offender believes to (g) For a parent, legal guardian or
be a child for the purpose of facilitating person having custody or control of a
the commission of sexual activity or child to knowingly permit the child to
production of any form of child engage, participate or assist in any form
pornography.(2) Bestiality; of child pornography;
(j) "Pandering" refers to the act of (h) To engage in the luring or grooming
o ff e r i n g , a d v e r t i s i n g , p r o m o t i n g , of a child;
representing or distributing through any
means any material or purported (i) To engage in pandering of any form of
material that is intended to cause child pornography;
another to believe that the material or (j) To willfully access any form of child
purported material contains any form of pornography;
child pornography, regardless of the
actual content of the material or (k) To conspire to commit any of the
purported material. prohibited acts stated in this section.
Conspiracy to commit any form of child
(k) "Person" refers to any natural or pornography shall be committed when
juridical entity. two (2) or more persons come to an
Section 4.Unlawful or Prohibited Acts.- It shall agreement concerning the commission
be unlawful for any person: of any of the said prohibited acts and
decide to commit it; and
(a) To hire, employ, use, persuade,
induce or coerce a child to perform in (l) To possess any form of child
the creation or production of any form of pornography.
child pornography; Section 5.Syndicated Child Pornography- The
(b) To produce, direct, manufacture or crime of child pornography is deemed committed
create any form of child pornography; by a syndicate if carried out by a group of three
(3) or more persons conspiring or confederating
(c) To publish offer, transmit, sell, with one another and shall be punished under
distribute, broadcast, advertise, Section 15(a) of this Act.
promote, export or import any form of
child pornography; Section 6. Who May File a Complaint. -
Complaints on cases of any form of child
(d) To possess any form of child pornography and other offenses punishable
pornography with the intent to sell, under this Act may be filed by the following:
distribute, publish, or broadcast:
Provided. That possession of three (3) (a) Offended party;
or more articles of child pornography of (b) Parents or guardians;
the same form shall be prima facie
evidence of the intent to sell, distribute, (c) Ascendant or collateral relative within
publish or broadcast; the third degree of consanguinity;

( e ) To k n o w i n g l y, w i l l f u l l y a n d ( d ) O f fi c e r , s o c i a l w o r k e r o r
intentionally provide a venue for the representative of a licensed child-caring
commission of prohibited acts as, but institution;
not limited to, dens, private rooms, (e) Officer or social worker of the
cubicles, cinemas, houses or in Department of Social Welfare and
Development (DSWD);

88
 (f) Local social welfare development An ISP who shall knowingly, willfully and
officer; intentionally violate this provision shall be
subject to the penalty provided under Section
(g) Barangay chairman;
15(k) of this Act.
(h) Any law enforcement officer;
The National Telecommunications Commission
(i) At least three (3) concerned (NTC) shall promulgate within ninety (90) days
responsible citizens residing in the place from the effectivity of this Act the necessary
where the violation occurred; or rules and regulations for the implementation of
(j) Any person who has personal this provision which shall include, among others,
knowledge of the circumstances of the the installation of filtering software that will block
commission of any offense under this access to or transmission of any form of the
Act. child pornography.

S e c t i o n 7 . A p p o i n t m e n t o f S p e c i a l Section 10. Responsibility of Mall Owners/

Prosecutors.- The Department of Justice (DOJ) Operators and Owners or Lessors of Other
shall appoint or designate special prosecutors to Business Establishments. - All mall owners/
prosecute cases for the violation of this Act. operators and owners or lessors of other
business establishments shall notify the PNP or
Section 8.Jurisdiction.- Jurisdiction over cases the NBI within seven (7) days from obtaining
for the violation of this Act shall be vested in the facts and circumstances that child pornography
Family Court which has territorial jurisdiction is being committed in their
over the place where the offense or any of its premises. Provided, That public display of any
essential elements was committed pursuant to form of child pornography within their premises
Republic Act No. 8369, otherwise known as is a conclusive presumption of the knowledge of
"Family Courts Act of 1997". the mall owners/operators and owners or lessors
Section 9. Duties of an Internet Service of other business establishments of the violation
Provider (ISP). - All internet service providers of this Act: Provided, further, That a disputable
(ISPs) shall notify the Philippine National Police presumption of knowledge by mall owners/
(PNP) or the National Bureau of Investigation operators and owners or lessors of other
(NBI) within seven (7) days from obtaining facts business establishments should know or
and circumstances that any form of child reasonably know that a violation of this Act is
pornography is being committed using its server being committed in their premises.
or facility. Nothing in this section may be Photo developers, information technology
construed to require an ISP to engage in the professionals, credit card companies and banks
monitoring of any user, subscriber or customer, and any person who has direct knowledge of
or the content of any communication of any such any form of child pornography activities shall
person: Provided, That no ISP shall be held have the duty to report any suspected child
civilly liable for damages on account of any pornography materials or transactions to the
notice given in good faith in compliance with this proper authorities within seven (7) days from
section. discovery thereof.
Furthermore, an ISP shall preserve such Any willful and intentional violation of this
evidence for purpose of investigation and provision shall be subject to the penalty provided
prosecution by relevant authorities. under Section 15(l) of this Act.
An ISP shall, upon the request of proper Section 11.Duties of an Internet Content Host.-
authorities, furnish the particulars of users who An internet content host shall:
gained or attempted to gain access to an
internet address which contains any form of (a) Not host any form of child
child pornography. pornography on its internet address;

All ISPs shall install available technology, (b) Within seven (7) days, report the
program or software to ensure that access to or presence of any form of child
transmittal of any form of child pornography will pornography, as well as the particulars
be blocked or filtered. of the person maintaining, hosting,
distributing or in any manner

89
 contributing to such internet address, to court, a record shall be released only to
the proper authorities; and the following:
(c) Preserve such evidence for purposes (1) Members of the court staff
of investigation and prosecution by for administrative use;
relevant authorities. (2) The prosecuting attorney;
An internet content host shall, upon the request (3) Defense counsel;
of proper authorities, furnish the particulars of
users who gained or attempted to gain access to (4) The guardianad litem;
an internet address that contains any form of (5) Agents of investigating law
child pornography. enforcement agencies and
An internet content host who shall knowingly, (6) Other persons as
willfully and intentionally violate this provision determined by the court.
shall be subject to the penalty provided under
Section 15(j) of this Act: Provided, That the (d) Any form of child pornography that is
failure of the internet content host to remove any part of the court records shall be subject
form of child pornography within forty-eight (48) to a protective order that provides as
hours from receiving the notice that any form of follows:
child pornography is hitting its server shall be (1) Any form of child
conclusive evidence of willful and intentional pornography may be viewed
violation thereof. only by the parties, their
Section 12. Authority to Regulate Internet Caf counsel, their expert witness
or Kiosk. - The local government unit (LGU) of and guardianad litem;
the city or municipality where an internet caf or (2) Neither form of child
kiosk is located shall have the authority to pornography nor any portion
monitor and regulate the establishment and thereof shall be divulged to any
operation of the same or similar establishments other person, except as
in order to prevent violation of the provisions of necessary for investigation,
this Act. prosecution or trial; and
Section 13.Confidentiality.- The right to privacy (3) No person shall be granted
of the child shall be ensured at any stage of the access to any form of child
investigation, prosecution and trial of an offense pornography or any part thereof
under this Act. Towards this end, the following unless he/she signs a written
rules shall be observed: affirmation that he/she has
(a) The judge, prosecutor or any officer received and read a copy of the
of the law to whom the complaint has protection order; that he/she
been referred to may, whenever submits to the jurisdiction of the
necessary to ensure a fair and impartial court with respect to the
proceeding and after considering all protective order; and that, in
circumstances for the best interest of case of violation thereof, he/she
the child conduct a closed-door will be subject to the contempt
investigation, prosecution or trial; power of the court; and

(b) The name and personal (e) In cases when prosecution or trial is
circumstances of the child, including the conducted behind closed doors, it shall
child's immediate family, or any other be unlawful for any editor, publisher and
information tending to establish his/her reporter or columnist in case of printed
identity shall not be disclosed to the materials, announcer or producer in
public; case of television and radio, producer
and director of a film in case of the
(c) Any record regarding a child shall be movie industry, or any person utilizing
confidential and kept under seal. Except the tri-media facilities or information
upon written request and order of the technology to publish or broadcast the

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 names of the victims of any case of child (d) Any person found guilty of violating
pornography. Section 4(g) of this Act shall suffer the
penalty of reclusion temporal in its
Any violation of this provision shall be subject to
minimum period and a fine of not less
the penalty provided for under Section 15(m) of
than Five hundred thousand pesos
this Act.
(Php500,000.00) but not more than
Section 14. Care, Custody and Treatment of a Seven hundred thousand pesos
Child Victim. - The DSWD shall ensure that the (Php700,000.00);
child who is a victim of any form of child
(e) Any person found guilty of violating
pornography is provided appropriate care,
Section 4(h) of this Act shall suffer the
custody and support for their recovery and
penalty ofprision mayorin its maximum
reintegration in accordance with existing laws.
period and a fine of not less than Three
The child and his family shall be entitled to hundred thousand pesos
protection as well as to the rights and benefits of (Php300,000.00) but not more than Five
w i t n e s s e s u n d e r R e p u b l i c A c t N o . hundred thousand pesos
6981, otherwise known as "The Witness (Php500,000.00);
Protection, Security and Benefit Act".
(f) Any person found guilty of violating
The child shall also be considered as a victim of Section 4(I) of this Act shall suffer the
a violent crime defined under Section 3(d) penalty of prision mayor in its minimum
of Republic Act No. 7309, otherwise known as period and a fine of not less than Three
"An Act Creating a Board of Claims under the hundred thousand pesos
Department of Justice for Victims of Unjust (php300,000.00) but not more than Five
Imprisonment or Detention and Victims of hundred thousand pesos
Violent Crimes and for Other Purposes", so that (Php500,000.00);
the child may claim compensation therein.
(g) Any person found guilty of violating
Section 15. Penalties and Sanctions. - The Section 4(j) of this Act shall suffer the
following penalties and sanctions are hereby penalty of prision correccional in its
established for offenses enumerated in this Act: maximum period and a fine of not less
(a) Any person found guilty of than Two hundred thousand pesos
syndicated child pornography as defined (Php200,000.00) but not more than
in Section 5 of this Act shall suffer the Three hundred thousand pesos
penalty ofreclusion perpetuaand a fine (Php300,000.00);
of not less than Two million pesos (h) Any person found guilty of violating
(Php2,000,000.00) but not more than Section 4(k) of this Act shall suffer the
Five million pesos (Php5,000,000.00); penalty of prision correccional in its
(b) Any person found guilty of violating medium period and a fine of not less
Section 4(a), (b) and (c) of this Act shall than One hundred thousand pesos
s u f f e r t h e p e n a l t y o f r e c l u s i o n (php100,000.00) but not more than Two
temporal in its maximum period and a h u n d r e d fi f t y t h o u s a n d p e s o s
fine of not less than One million pesos (php250,000.00);
(Php1,000,000.00) but not more than (i) Any person found guilty of violating
Two million (Php2,000,000.00); Section 4(l) of this Act shall suffer the
(c) Any person found guilty of violating penalty ofarresto mayorin its minimum
Section 4(d), (e) and (f) of this Act shall period and a fine of not less than Fifty
s u f f e r t h e p e n a l t y o f r e c l u s i o n thousand pesos (Php50,000.00) but not
temporalin its medium period and a fine more than One hundred thousand pesos
of not less than Seven hundred fifty (Php100,000.00);
thousand pesos (Php750,000.00) but (j) Any person found guilty of violating
not more than One million pesos Section 11 of this Act shall suffer the
(Php1,000,000.00); penalty of prision correccional in its
medium period and a fine of not less

91
than One million pesos Three hundred thousand pesos
(Php1,000,000.00) but not more than (Php300,000.00).
Two million pesos (Php2,000,000.00) for
the first offense. In the case of a
subsequent offense, the penalty shall be Section 16.Common Penal Provisions.-
a fine not less than Two million pesos (a) If the offender is a parent,
(Php2,000,000.00) but not more than ascendant, guardian, step-parent or
Three million pesos (Php3,000,000.00) collateral relative within the third degree
and revocation of its license to operate of consanguinity or affinity or any person
and immediate closure of the having control or moral ascendancy
establishment; over the child, the penalty provided
(k) Any ISP found guilty of willfully and herein shall be in its maximum
knowingly failing to comply with the duration; Provided, That this provision
notice and installation requirements shall not apply to Section 4(g) of this
under Section 9 of this Act shall suffer Act;
the penalty of a fine of not less than Five (b) If the offender is a juridical person,
hundred thousand pesos the penalty shall be imposed upon the
(Php500,000.00) but not more than One owner, manager, partner, member of the
million pesos (Php1,000,000.00) for the board of directors and/or any
first offense. In case of subsequent responsible officer who participated in
offense, the penalty shall be a fine of not the commission of the crime or shall
less than One million pesos have knowingly permitted or failed to
(Php1,000,000.00) but not more than prevent its commissions;
Two million pesos (Php2,000,000.00)
and revocation of its license to operate; (c) If the offender is a foreigner, he/she
shall be immediately deported after the
(l) Any mall owner-operator and owner complete service of his/her sentence
or lessor of other business and shall forever be barred from
establishments including photo entering the country; and
developers, information technology
professionals, credit card companies (d) The penalty provided for in this Act
and banks, found guilty of willfully and shall be imposed in its maximum
knowingly failing to comply with the duration if the offender is a public officer
notice requirements under Section 10 of or employee.
this Act shall suffer the penalty of a fine Section 17. Confiscation and Forfeiture of the
of not less than One million pesos Proceeds, Tools and Instruments Used in Child
(Php1,000,000.00) but not more than Pornography. - In addition to the penalty
Two million pesos (Php2,000,000.00) for imposed for the violation of this Act, the court
the first offense. In the case of a shall order the confiscation and forfeiture in
subsequent offense, the penalty shall be favor of the government of all the proceeds,
a fine of not less than Two million pesos tools and instruments used in the commission of
(Php2,000,000.00) but not more than the crime, unless they are the property of a third
Three million pesos (Php3,000,000.00) person not liable for the unlawful
and revocation of its license to operate act; Provided, however, That all awards for
and immediate closure of the damages shall be taken from the personal and
establishment; and separate properties of the
(m) Any person found guilty of violating offender; Provided, further, That if such
Section 13 of this Act shall suffer the properties are insufficient, the deficiency shall be
penalty ofarresto mayorin its minimum taken from the confiscated and forfeited
period and a fine of not less than One proceeds, tools and instruments.
hundred thousand pesos All proceeds derived from the sale of properties
(Php100,000.00) but not more than used for the commission of any form of child
pornography shall accrue to the special account

92
of the DSWD which shall be used exclusively for medical or psychological services,
the implementation of this Act. livelihood and skills training and
educational assistance to the child
When the proceeds, tools and instruments used
pursuant to Section 18 of this Act;
in the commission of the offense have been
destroyed diminished in value or otherwise (b) Sponsorship of a national research
rendered worthless by any act or omission, program on any form of child
directly or indirectly, of the offender, or it has pornography and other acts covered by
been concealed, removed, converted or the law and the establishment of a data
transferred to prevent the same from being collection system for monitoring and
found or to avoid forfeiture or confiscation, the evaluation purposes;
offender shall be ordered to pay the amount (c) Provision of necessary technical and
equal to the value of the proceeds, tools and material support services to appropriate
instruments used in the commission of the government agencies and
offense.1avvphi1 nongovernmental organizations:
Section 18. Mandatory Services to Victims of (d) Sponsorship of conferences and
Child Pornography. - To ensure recovery, seminars to provide venue for
rehabilitation and reintegration into the consensus building amongst the public,
mainstream of society concerned government the academe , government,
agencies and the LGUs shall make available the nongovernmental and international
following services to victims of any form of child organizations and
pornography:
(e) Promotion of information and
(a) Emergency shelter or appropriate education campaign.
housing;
Section 20.Inter - Agency Council against Child
(b) Counseling; Pornography. - There is hereby established an
(c) Free legal services, which shall Inter-Agency Council against Child Pornography
include information about the victim's to be composed of the Secretary of the DSWD
rights and the procedure for filing of as chairperson and the following as members:
complaints, claims for compensation (a) Secretary of the Department of
and such other legal remedies available Justice:
to them in a language understood by the
child; (b) Secretary of the Department of
Labor and Employment
(d) Medical or psychological services;
(c) Secretary of the Department of
(e) Livelihood and skills training; and Science and Technology
(f) Educational assistance. (d) Chief of the Philippine National
Sustained supervision and follow through Police;
mechanism that will track the progress of (e) Chairperson of the Commission on
recovery, rehabilitation and reintegration of the Information and Communications
child victims shall adopted and carried out. Technology;
Section 19. Programs for Victims of Child (g) Commissioner of the National
Pornography. The Inter-Agency Council Against Telecommunications Commission;
Child Pornography created under Section 20 of
this Act shall develop and implement the (h) Executive Director of the Council for
necessary programs that will prevent any form of the Welfare of Children;
child pornography, as well as protect, heal and (i) Executive Director of the Philippine
reintegrate the child into the mainstream of Center for Transnational Crimes;
society. Such programs shall include beat but
not limited to the following: (j) Executive Director of the Optical
Media Board;
(a) Provision of mandatory services
including counseling free legal services,

93
 (k) Director of the National Bureau of establishments that violate the
Investigation; and provisions of this Act;
(l) Three (3) representatives from (h) Formulate a program for the
children's nongovernmental reintegration of victims of child
organizations. These representatives pornography;
shall be nominated by the government (i) Secure from any department, bureau,
agency representatives of the Council office, agency or instrumentality of the
for appointment by the President for a government or from NGOs and other
term of three (3) years and may be civic organizations such assistance as
renewed upon renomination and may be needed to effectively implement
reappointment by the Council and the this Act;
President respectively.
(j) Complement the shared government
The members of the Council mat designate their information system relative to child
permanent representatives, who shall have a abuse and exploitation and ensure that
rank not lower than assistant secretary or its the proper agencies conduct a
equivalent, to meetings and shall receive continuing research and study on the
emoluments as may be determined by the patterns and schemes of any form of
Council in accordance with existing budget and child pornography which form basis for
accounting rules and regulations. policy formulation and program
The DSWD shall establish the necessary direction;
Secretariat for the Council. (k) develop the mechanism to ensure
Section 21. Functions of the Council. - The the timely, coordinated and effective
Council shall have the following powers and response to cases of child pornography;
functions: (l) Recommend measures to enhance
(a) Formulate comprehensive and cooperative efforts and mutual
integrated plans and programs to assistance among foreign countries
prevent and suppress any form of child through bilateral and/or multilateral
pornography; arrangements to prevent and suppress
any form of child pornography;
(b) Promulgate rules and regulations as
may be necessary for the effective (m) Adopt measures and policies to
implementation of this Act; protect the rights and needs of the
victims of child pornography who are
(c) Monitor and oversee the strict
foreign nationals in the Philippines;
implementation of this Act;
(n) maintain a database of cases of child
(d) Coordinate the programs and
pornography;
projects of the various members
agencies effectively address the issues (o) Initiate training programs in
and problems attendant to child identifying and providing the necessary
pornography; intervention or assistance to victims of
child pornography.
(e) Conduct and coordinate massive
information disseminations and (p) Submit to the President and the
campaign on the existence of the law Congressional Oversight committee
and the various issues and problems credited herein the annual report on the
attendant to child pornography; policies, plans, programs and activities
of the Council relative to the
(f) Direct other agencies to immediately
implementation of this Act; and
respond to the problems brought to their
attention and report to the Council on (q) Exercise all the powers and perform
the action taken; such other functions necessary to attain
the purposes and objectives of this Act.
(g) Assist in the filling of cases against
individuals, agencies, institutions or

94
S e c t i o n 2 2 . C h i l d P o r n o g r a p h y a s a Recommend the necessary remedial legislator
Transnational Crime. - Pursuant to the or administrative measures and perform such
Convention on transnational Organized Crime, other duties and functions as may be necessary
the DOJ may execute the request of a foreign to attain the objectives of this Act.
state for assistance in the investigation or Section 25. Appropriations. - The amount
prosecution of any form of child pornography by: necessary to implement the provisions of the
(1) conducting a preliminary investigation Anti-Child Pornography Act and the
against the offender and, if appropriate, to file operationalization of the Inter-Agency Council
the necessary charges in court; (2) giving Against Child Pornography shall be included in
information needed by the foreign state; and (3) the annual General Appropriations Act.
to apply for an order of forfeiture of any
proceeds or monetary instrument or properly S e c t i o n 2 6 . I m p l e m e n t i n g R u l e s a n d
located in the Philippines used in connection Regulations.- The Inter- Agency Council Against
with child pornography in the Child pornography shall promulgate the
court; Provided, That if the DOJ refuses to act necessary implementing rules and regulations
on the request of for delaying the execution within ninety (90) days from the effectivity of this
thereof: Provided, further, That the principles of Act.
mutuality and reciprocity shall, for this purpose, Section 27. Suppletory Application of the
be at all times recognized. Revised Penal Code.- The Revised penal Code
Section 23. Extradition. - The DOJ, in shall be suppletorily applicable to this Act.
consultation with the Department of Foreign Section 28.Separability Clause.- If any part of
Affairs (DFA), shall endeavor to include child this Act is declared unconstitutional or invalid,
pornography among extraditable offenses in the other provisions not affected thereby shall
future treaties. continue to be in full force and effect.
S e c t i o n 2 4 . C o n g r e s s i o n a l O v e r s i g h t Section 29. Repealing Clause. - All laws,
Committee. -There is hereby created a presidential decrees, executive orders,
Congressional Oversight Committee composed administrative orders, rules and regulations
of five (5) members from the Senate and five (5) inconsistent with or contrary to the provisions of
members from the House of Representatives. this Act are deemed amended, modified or
The members from the Senate shall be repealed accordingly.
appointed by the Senate President based on
proportional representation of the parties or Section 30. Effectivity. - This Act shall effect
coalition therein with at least one (1) member after fifteen (15) days following its complete
representing the Minority. The members from the publication in the Official Gazette or in at least
House of Representative shall be appointed by two (2) newspapers of general circulation.
the Speaker, also based on proportional
representation of the parties or coalitions therein
with the Chair of the House of Committee on
Welfare of Children and at least one (1) member
representing the Minority
The Committee shall be headed by the
respective Chairs of the Senate Committee on
Youth, Women and Family relations and the
House of Representatives Committee on
Justice. The Secretariat of the Congressional
Oversight Committee shall come from the
existing Secretariat personnel of the Committees
of the Senate and the House of Representatives
concerned.
The Committee shall monitor and ensure the
effective implementation of this Act, determine
inherent weakness and loopholes in the law.

95
 E S TA B L I S H I N G T H E N E C E S S A RY
INSTITUTIONAL MECHANISMS FOR THE
PROTECTION AND SUPPORT OF
TRAFFICKED PERSONS, PROVIDING
PENALTIES FOR ITS VIOLATIONS, AND FOR
OTHER
Be it enacted by the Senate and the House of
Representatives of the Philippines in Congress
assembled:
Section 1. Title. This Act shall be known as
the"Anti-Trafficking in Persons Act of 2003".
Section 2. Declaration of Policy. It is hereby
declared that the State values the dignity of
every human person and guarantees the respect
of individual rights. In pursuit of this policy, the
State shall give highest priority to the enactment
of measures and development of programs that
will promote human dignity, protect the people
from any threat of violence and exploitation,
eliminate trafficking in persons, and mitigate
pressures for involuntary migration and
servitude of persons, not only to support
trafficked persons but more importantly, to
ensure their recovery, rehabilitation and
reintegration into the mainstream of society.
It shall be a State policy to recognize the equal
rights and inherent human dignity of women and
men as enshrined in the United Nations
Universal Declaration on Human Rights, United
Nations Convention on the Rights of the Child,
United Nations Convention on the Protection of
Migrant Workers and their Families. United
Nations Convention Against Transnational
Organized Crime Including its Protocol to
Prevent, Suppress and Punish Trafficking in
Persons, Especially Women and Children and
all other relevant and universally accepted
Republic of the Philippines human rights instruments and other international
Congress of the Philippines conventions to which the Philippines is a
Metro Manila signatory.
Twelfth Congress Section 3.Definition of Terms.- As used in this
Second Regular Session Act:
(a)Trafficking in Persons- refers to the
Begun held in Metro Manila on Monday, the recruitment, transportation, transfer or
twenty-second day of July, two thousand two harboring, or receipt of persons with or
Republic Act No. 9208 without the victim's consent or
knowledge, within or across national
May 26, 2003 borders by means of threat or use of
AN ACT TO INSTITUTE POLICIES TO force, or other forms of coercion,
ELIMINATE TRAFFICKING IN PERSONS abduction, fraud, deception, abuse of
ESPECIALLY WOMEN AND CHILDREN, power or of position, taking advantage

96
of the vulnerability of the person, or, the (f) Sexual Exploitation - refers to
giving or receiving of payments or participation by a person in prostitution
benefits to achieve the consent of a or the production of pornographic
person having control over another materials as a result of being subjected
person for the purpose of exploitation to a threat, deception, coercion,
which includes at a minimum, the abduction, force, abuse of authority,
exploitation or the prostitution of others debt bondage, fraud or through abuse of
or other forms of sexual exploitation, a victim's vulnerability.
forced labor or services, slavery, (g) Debt Bondage - refers to the
servitude or the removal or sale of pledging by the debtor of his/her
organs. personal services or labor or those of a
The recruitment, transportation, transfer, person under his/her control as security
harboring or receipt of a child for the or payment for a debt, when the length
purpose of exploitation shall also be and nature of services is not clearly
considered as "trafficking in persons" defined or when the value of the
even if it does not involve any of the services as reasonably assessed is not
means set forth in the preceding applied toward the liquidation of the
paragraph. debt.
(b) Child - refers to a person below (h) Pornography - refers to any
eighteen (18) years of age or one who is representation, through publication,
over eighteen (18) but is unable to fully exhibition, cinematography, indecent
take care of or protect himself/herself shows, information technology, or by
f r o m a b u s e , n e g l e c t , c r u e l t y, whatever means, of a person engaged
exploitation, or discrimination because in real or simulated explicit sexual
of a physical or mental disability or activities or any representation of the
condition. sexual parts of a person for primarily
sexual purposes.
(c) Prostitution - refers to any act,
transaction, scheme or design involving (i)Council- shall mean the Inter-Agency
the use of a person by another, for Council Against Trafficking created
sexual intercourse or lascivious conduct under Section 20 of this Act.
in exchange for money, profit or any Section 4. Acts of Trafficking in Persons. - It
other consideration. shall be unlawful for any person, natural or
(d) Forced Labor and Slavery - refer to juridical, to commit any of the following acts:
the extraction of work or services from (a) To recruit, transport, transfer; harbor,
any person by means of enticement, provide, or receive a person by any
violence, intimidation or threat, use of means, including those done under the
force or coercion, including deprivation pretext of domestic or overseas
of freedom, abuse of authority or moral employment or training or
a s c e n d a n c y, d e b t - b o n d a g e o r apprenticeship, for the purpose of
deception. prostitution, pornography, sexual
(e) Sex Tourism - refers to a program exploitation, forced labor, slavery,
organized by travel and tourism-related involuntary servitude or debt bondage;
establishments and individuals which (b) To introduce or match for money,
consists of tourism packages or profit, or material, economic or other
activities, utilizing and offering escort consideration, any person or, as
and sexual services as enticement for provided for under Republic Act No.
tourists. This includes sexual services 6955, any Filipino woman to a foreign
and practices offered during rest and national, for marriage for the purpose of
recreation periods for members of the acquiring, buying, offering, selling or
military. trading him/her to engage in prostitution,
pornography, sexual exploitation, forced

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 labor, slavery, involuntary servitude or (c) To advertise, publish, print, broadcast
debt bondage; or distribute, or cause the
advertisement, publication, printing,
(c) To offer or contract marriage, real or
broadcasting or distribution by any
simulated, for the purpose of acquiring,
means, including the use of information
buying, offering, selling, or trading them
technology and the internet, of any
to engage in prostitution, pornography,
brochure, flyer, or any propaganda
sexual exploitation, forced labor or
material that promotes trafficking in
slavery, involuntary servitude or debt
persons;
bondage;
(d) To assist in the conduct of
(d) To undertake or organize tours and
misrepresentation or fraud for purposes
travel plans consisting of tourism
of facilitating the acquisition of
packages or activities for the purpose of
clearances and necessary exit
utilizing and offering persons for
documents from government agencies
prostitution, pornography or sexual
that are mandated to provide pre-
exploitation;
departure registration and services for
(e) To maintain or hire a person to departing persons for the purpose of
engage in prostitution or pornography; promoting trafficking in persons;
(f) To adopt or facilitate the adoption of (e) To facilitate, assist or help in the exit
persons for the purpose of prostitution, and entry of persons from/to the country
pornography, sexual exploitation, forced at international and local airports,
labor, slavery, involuntary servitude or territorial boundaries and seaports who
debt bondage; are in possession of unissued, tampered
(g) To recruit, hire, adopt, transport or or fraudulent travel documents for the
abduct a person, by means of threat or purpose of promoting trafficking in
use of force, fraud, deceit, violence, persons;
coercion, or intimidation for the purpose (f) To confiscate, conceal, or destroy the
of removal or sale of organs of said passport, travel documents, or personal
person; and documents or belongings of trafficked
(h) To recruit, transport or adopt a child persons in furtherance of trafficking or to
to engage in armed activities in the prevent them from leaving the country or
Philippines or abroad. seeking redress from the government or
appropriate agencies; and
Section 5. Acts that Promote Trafficking in
Persons. - The following acts which promote or (g) To knowingly benefit from, financial
facilitate trafficking in persons, shall be unlawful: or otherwise, or make use of, the labor
or services of a person held to a
(a) To knowingly lease or sublease, use condition of involuntary servitude, forced
or allow to be used any house, building labor, or slavery.
or establishment for the purpose of
promoting trafficking in persons; Section 6. Qualified Trafficking in Persons. -
The following are considered as qualified
(b) To produce, print and issue or trafficking:
distribute unissued, tampered or fake
counseling certificates, registration (a) When the trafficked person is a child;
s t i c k e r s a n d c e r t i fi c a t e s o f a n y (b) When the adoption is effected
government agency which issues these through Republic Act No. 8043,
certificates and stickers as proof of otherwise known as the "Inter-Country
compliance with government regulatory Adoption Act of 1995" and said adoption
and pre-departure requirements for the is for the purpose of prostitution,
purpose of promoting trafficking in pornography, sexual exploitation, forced
persons; labor, slavery, involuntary servitude or
debt bondage;

98
 (c) When the crime is committed by a in case of television and radio, producer and
syndicate, or in large scale. Trafficking is director of a film in case of the movie industry, or
deemed committed by a syndicate if any person utilizing tri-media facilities or
carried out by a group of three (3) or information technology to cause publicity of any
more persons conspiring or case of trafficking in persons.
confederating with one another. It is Section 8. Prosecution of Cases. - Any person
deemed committed in large scale if who has personal knowledge of the commission
committed against three (3) or more of any offense under this Act, the trafficked
persons, individually or as a group; person, the parents, spouse, siblings, children or
(d) When the offender is an ascendant, legal guardian may file a complaint for
parent, sibling, guardian or a person trafficking.
who exercises authority over the Section 9. Venue. - A criminal action arising
trafficked person or when the offense is from violation of this Act shall be filed where the
committed by a public officer or offense was committed, or where any of its
employee; elements occurred, or where the trafficked
(e) When the trafficked person is person actually resides at the time of the
recruited to engage in prostitution with commission of the offense: Provided, That the
any member of the military or law court where the criminal action is first filed shall
enforcement agencies; acquire jurisdiction to the exclusion of other
courts.
(f) When the offender is a member of the
military or law enforcement agencies; Section 10. Penalties and Sanctions. - The
and following penalties and sanctions are hereby
established for the offenses enumerated in this
(g) When by reason or on occasion of
Act:
the act of trafficking in persons, the
offended party dies, becomes insane, (a) Any person found guilty of
suffers mutilation or is afflicted with committing any of the acts enumerated
Human Immunodeficiency Virus (HIV) or in Section 4 shall suffer the penalty of
the Acquired Immune Deficiency imprisonment of twenty (20) years and a
Syndrome (AIDS). fine of not less than One million pesos
(P1,000,000.00) but not more than Two
Section 6. Confidentiality. - At any stage of the
million pesos (P2,000,000.00);
investigation, prosecution and trial of an offense
under this Act, law enforcement officers, (b) Any person found guilty of
prosecutors, judges, court personnel and committing any of the acts enumerated
medical practitioners, as well as parties to the in Section 5 shall suffer the penalty of
case, shall recognize the right to privacy of the imprisonment of fifteen (15) years and a
trafficked person and the accused. Towards this fine of not less than Five hundred
end, law enforcement officers, prosecutors and thousand pesos (P500,000.00) but not
judges to whom the complaint has been referred more than One million pesos
may, whenever necessary to ensure a fair and (P1,000,000.00);
impartial proceeding, and after considering all (c) Any person found guilty of qualified
circumstances for the best interest of the parties, trafficking under Section 6 shall suffer
order a closed-door investigation, prosecution or the penalty of life imprisonment and a
trial. The name and personal circumstances of fine of not less than Two million pesos
the trafficked person or of the accused, or any (P2,000,000.00) but not more than Five
other information tending to establish their million pesos (P5,000,000.00);
identities and such circumstances or information
shall not be disclosed to the public. (d) Any person who violates Section 7
hereof shall suffer the penalty of
In cases when prosecution or trial is conducted imprisonment of six (6) years and a fine
behind closed-doors, it shall be unlawful for any of not less than Five hundred thousand
editor, publisher, and reporter or columnist in pesos (P500,000.00) but not more than
case of printed materials, announcer or producer One million pesos (P1,000,000.00);

99
(e) If the offender is a corporation, Section 11. Use of Trafficked Persons. - Any
partnership, association, club, person who buys or engages the services of
establishment or any juridical person, trafficked persons for prostitution shall be
the penalty shall be imposed upon the penalized as follows:
owner, president, partner, manager, and/ (a) First offense - six (6) months of
o r a n y r e s p o n s i b l e o f fi c e r w h o community service as may be
participated in the commission of the determined by the court and a fine of
crime or who shall have knowingly Fifty thousand pesos (P50,000.00); and
permitted or failed to prevent its
commission; (b) Second and subsequent offenses -
imprisonment of one (1) year and a fine
(f) The registration with the Securities of One hundred thousand pesos
and Exchange Commission (SEC) and (P100,000.00).
license to operate of the erring agency,
corporation, association, religious group, Section 12. Prescriptive Period. - Trafficking
tour or travel agent, club or cases under this Act shall prescribe in ten (10)
establishment, or any place of years:Provided, however,That trafficking cases
entertainment shall be cancelled and committed by a syndicate or in a large scale as
revoked permanently. The owner, defined under Section 6 shall prescribe in twenty
president, partner or manager thereof (20) years.
shall not be allowed to operate similar The prescriptive period shall commence to run
establishments in a different name; from the day on which the trafficked person is
(g) If the offender is a foreigner, he shall delivered or released from the conditions of
be immediately deported after serving bondage and shall be interrupted by the filing of
his sentence and be barred permanently the complaint or information and shall
from entering the country; commence to run again when such proceedings
terminate without the accused being convicted
( h ) A n y e m p l o y e e o r o f fi c i a l o f or acquitted or are unjustifiably stopped for any
government agencies who shall issue or reason not imputable to the accused.
approve the issuance of travel exit
clearances, passports, registration Section 13.Exemption from Filing Fees.- When
certificates, counseling certificates, the trafficked person institutes a separate civil
marriage license, and other similar action for the recovery of civil damages, he/she
documents to persons, whether juridical shall be exempt from the payment of filing fees.
or natural, recruitment agencies, Section 14. Confiscation and Forfeiture of the
establishments or other individuals or Proceeds and Instruments Derived from
groups, who fail to observe the Trafficking in Persons. - In addition to the
prescribed procedures and the penalty imposed for the violation of this Act, the
requirement as provided for by laws, court shall order the confiscation and forfeiture,
rules and regulations, shall be held in favor of the government, of all the proceeds
administratively liable, without prejudice and properties derived from the commission of
to criminal liability under this Act. The the crime, unless they are the property of a third
concerned government official or person not liable for the unlawful act; Provided,
employee shall, upon conviction, be however, That all awards for damages shall be
dismissed from the service and be taken from the personal and separate properties
barred permanently to hold public office. of the offender; Provided, further, That if such
His/her retirement and other benefits properties are insufficient, the balance shall be
shall likewise be forfeited; and taken from the confiscated and forfeited
(i) Conviction by final judgment of the properties.
adopter for any offense under this Act When the proceeds, properties and instruments
shall result in the immediate rescission of the offense have been destroyed, diminished
of the decree of adoption. in value or otherwise rendered worthless by any
act or omission, directly or indirectly, of the
offender, or it has been concealed, removed,

100
converted or transferred to prevent the same of policies and implementation of
from being found or to avoid forfeiture or relevant programs.
confiscation, the offender shall be ordered to The DFA shall take necessary measures
pay the amount equal to the value of the for the efficient implementation of the
proceeds, property or instruments of the offense. Machine Readable Passports to protect
Section 15. Trust Fund. - All fines imposed the integrity of Philippine passports,
under this Act and the proceeds and properties visas and other travel documents to
forfeited and confiscated pursuant to Section 14 reduce the incidence of trafficking
hereof shall accrue to a Trust Fund to be through the use of fraudulent
administered and managed by the Council to be identification documents.
used exclusively for programs that will prevent It shall establish and implement a pre-
acts of trafficking and protect, rehabilitate, marriage, on-site and pre-departure
reintegrate trafficked persons into the counseling program on intermarriages.
mainstream of society. Such programs shall
include, but not limited to, the following: (b) Department of Social Welfare and
Development (DSWD) - shall implement
(a) Provision for mandatory services set rehabilitative and protective programs
forth in Section 23 of this Act; for trafficked persons. It shall provide
(b) Sponsorship of a national research counseling and temporary shelter to
p r o g r a m o n t r a f fi c k i n g a n d trafficked persons and develop a system
establishment of a data collection for accreditation among NGOs for
system for monitoring and evaluation purposes of establishing centers and
purposes; programs for intervention in various
levels of the community.
(c) Provision of necessary technical and
material support services to appropriate (c) Department of Labor and
government agencies and non- Employment (DOLE) - shall ensure the
government organizations (NGOs); strict implementation and compliance
with the rules and guidelines relative to
(d) Sponsorship of conferences and
the employment of persons locally and
seminars to provide venue for
overseas. It shall likewise monitor,
consensus building amongst the public,
document and report cases of trafficking
the academe, government, NGOs and
in persons involving employers and
international organizations; and
labor recruiters.
(e) Promotion of information and
(d) Department of Justice (DOJ) - shall
education campaign on trafficking.
ensure the prosecution of persons
Section 16. Programs that Address Trafficking accused of trafficking and designate and
in Persons. - The government shall establish train special prosecutors who shall
and implement preventive, protective and handle and prosecute cases of
rehabilitative programs for trafficked persons. trafficking. It shall also establish a
For this purpose, the following agencies are mechanism for free legal assistance for
hereby mandated to implement the following trafficked persons, in coordination with
programs; the DSWD, Integrated Bar of the
(a) Department of Foreign Affairs (DFA) Philippines (IBP) and other NGOs and
- shall make available its resources and volunteer groups.
facilities overseas for trafficked persons (e) National Commission on the Role of
regardless of their manner of entry to Filipino Women (NCRFW) - shall
the receiving country, and explore actively participate and coordinate in the
means to further enhance its assistance formulation and monitoring of policies
in eliminating trafficking activities addressing the issue of trafficking in
through closer networking with persons in coordination with relevant
government agencies in the country and government agencies. It shall likewise
overseas, particularly in the formulation advocate for the inclusion of the issue of

101
trafficking in persons in both its local in persons through the establishment of
and international advocacy for women's the Migrants Advisory and Information
issues. Network (MAIN) desks in municipalities
or provinces in coordination with DILG,
(f) Bureau of Immigration (BI) - shall
Philippine Information Agency (PIA),
strictly administer and enforce
Commission on Filipinos Overseas
immigration and alien administration
(CFO), NGOs and other concerned
laws. It shall adopt measures for the
agencies. They shall encourage and
apprehension of suspected traffickers
support community based initiatives
both at the place of arrival and
which address the trafficking in persons.
departure and shall ensure compliance
by the Filipino fiancs/fiances and In implementing this Act, the agencies
spouses of foreign nationals with the concerned may seek and enlist the
guidance and counseling requirement assistance of NGOs, people's
as provided for in this Act. organizations (Pos), civic organizations
and other volunteer groups.
(g) Philippine National Police (PNP) -
shall be the primary law enforcement Section 17. Legal Protection to Trafficked
agency to undertake surveillance, Persons. - Trafficked persons shall be
investigation and arrest of individuals or recognized as victims of the act or acts of
persons suspected to be engaged in trafficking and as such shall not be penalized for
trafficking. It shall closely coordinate crimes directly related to the acts of trafficking
with various law enforcement agencies enumerated in this Act or in obedience to the
to secure concerted efforts for effective order made by the trafficker in relation thereto.
investigation and apprehension of In this regard, the consent of a trafficked person
suspected traffickers. It shall also to the intended exploitation set forth in this Act
establish a system to receive complaints shall be irrelevant.
and calls to assist trafficked persons Section 18. Preferential Entitlement Under the
and conduct rescue operations. Witness Protection Program. - Any provision of
(h) Philippine Overseas Employment Republic Act No. 6981 to the contrary
Administration (POEA) - shall implement notwithstanding, any trafficked person shall be
an effective pre-employment orientation entitled to the witness protection program
seminars and pre-departure counseling provided therein.
programs to applicants for overseas Section 19.Trafficked Persons Who are Foreign
employment. It shall likewise formulate a Nationals. - Subject to the guidelines issued by
system of providing free legal the Council, trafficked persons in the Philippines
assistance to trafficked persons. who are nationals of a foreign country shall also
(i) Department of the Interior and Local be entitled to appropriate protection, assistance
Government (DILG) - shall institute a and services available to trafficked persons
systematic information and prevention under this Act: Provided, That they shall be
campaign and likewise maintain a permitted continued presence in the Philippines
databank for the effective monitoring, for a length of time prescribed by the Council as
documentation and prosecution of cases necessary to effect the prosecution of offenders.
on trafficking in persons. Section 20. Inter-Agency Council Against
(j) Local government units (LGUs) - shall Trafficking. - There is hereby established an
monitor and document cases of Inter-Agency Council Against Trafficking, to be
trafficking in persons in their areas of composed of the Secretary of the Department of
jurisdiction, effect the cancellation of Justice as Chairperson and the Secretary of the
licenses of establishments which violate Department of Social Welfare and Development
the provisions of this Act and ensure as Co-Chairperson and shall have the following
effective prosecution of such cases. as members:
They shall also undertake an (a) Secretary, Department of Foreign
information campaign against trafficking Affairs;

102
 (b) Secretary, Department of Labor and on the existence of the law and the
Employment; various issues and problems attendant
to trafficking through the LGUs,
(c) Administrator, Philippine Overseas
concerned agencies, and NGOs;
Employment Administration;
(f) Direct other agencies to immediately
( d ) C o m m i s s i o n e r, B u r e a u o f
respond to the problems brought to their
Immigration;
attention and report to the Council on
(e) Director-General, Philippine National action taken;
Police;
(g) Assist in filing of cases against
(f) Chairperson, National Commission individuals, agencies, institutions or
on the Role of Filipino Women; and establishments that violate the
(g) Three (3) representatives from provisions of this Act;
NGOs, who shall be composed of one (h) Formulate a program for the
(1) representative each from among the reintegration of trafficked persons in
sectors representing women, overseas cooperation with DOLE, DSWD,
Filipino workers (OFWs) and children, Te c h n i c a l E d u c a t i o n a n d S k i l l s
with a proven record of involvement in Development Authority (TESDA),
the prevention and suppression of Commission on Higher Education
t r a f fi c k i n g i n p e r s o n s . T h e s e (CHED), LGUs and NGOs;
representatives shall be nominated by
(i) Secure from any department, bureau,
the government agency representatives
office, agency, or instrumentality of the
of the Council, for appointment by the
government or from NGOs and other
President for a term of three (3) years.
civic organizations such assistance as
The members of the Council may may be needed to effectively implement
designate their permanent this Act;
representatives who shall have a rank
(j) Complement the shared government
not lower than an assistant secretary or
information system for migration
its equivalent to meetings, and shall
established under Republic Act No.
receive emoluments as may be
8042, otherwise known as the "Migrant
determined by the Council in
Workers and Overseas Filipinos Act of
accordance with existing budget and
1995" with data on cases of trafficking in
accounting, rules and regulations.
persons, and ensure that the proper
Section 21. Functions of the Council. - The agencies conduct a continuing research
Council shall have the following powers and and study on the patterns and scheme
functions: of trafficking in persons which shall form
(a) Formulate a comprehensive and the basis for policy formulation and
integrated program to prevent and program direction;
suppress the trafficking in persons; (k) Develop the mechanism to ensure
(b) Promulgate rules and regulations as the timely, coordinated, and effective
may be necessary for the effective response to cases of trafficking in
implementation of this Act; persons;

(c) Monitor and oversee the strict (l) Recommend measures to enhance
implementation of this Act; cooperative efforts and mutual
assistance among foreign countries
(d) Coordinate the programs and through bilateral and/or multilateral
projects of the various member arrangements to prevent and suppress
agencies to effectively address the international trafficking in persons;
issues and problems attendant to
trafficking in persons; (m) Coordinate with the Department of
Transportation and Communications
(e) Coordinate the conduct of massive (DOTC), Department of Trade and
information dissemination and campaign

103
 Industry (DTI), and other NGOs in and may avail of the legal assistance
monitoring the promotion of created by Republic Act No. 8042,
advertisement of trafficking in the subject to the guidelines as provided by
internet; law.
(n) Adopt measures and policies to (b)Overseas Filipino Resource Centers.
protect the rights and needs of trafficked - The services available to overseas
persons who are foreign nationals in the Filipinos as provided for by Republic Act
Philippines; No. 8042 shall also be extended to
trafficked persons regardless of their
(o) Initiate training programs in
immigration status in the host country.
identifying and providing the necessary
intervention or assistance to trafficked (c) The Country Team Approach. - The
persons; and country team approach under Executive
Order No. 74 of 1993, shall be the
(p) Exercise all the powers and perform
operational scheme under which
such other functions necessary to attain
Philippine embassies abroad shall
the purposes and objectives of this Act.
provide protection to trafficked persons
Section 22. Secretariat to the Council. - The insofar as the promotion of their welfare,
Department of Justice shall establish the dignity and fundamental rights are
necessary Secretariat for the Council. concerned.
Section 23. Mandatory Services to Trafficked Section 25.Repatriation of Trafficked Persons. -
Persons. - To ensure recovery, rehabilitation and The DFA, in coordination with DOLE and other
reintegration into the mainstream of society, appropriate agencies, shall have the primary
concerned government agencies shall make responsibility for the repatriation of trafficked
available the following services to trafficked persons, regardless of whether they are
persons: documented or undocumented.
(a) Emergency shelter or appropriate If, however, the repatriation of the trafficked
housing; persons shall expose the victims to greater risks,
(b) Counseling; the DFA shall make representation with the host
government for the extension of appropriate
(c) Free legal services which shall residency permits and protection, as may be
include information about the victims' legally permissible in the host country.
rights and the procedure for filing
complaints, claiming compensation and Section 26. Extradition. - The DOJ, in
such other legal remedies available to consultation with DFA, shall endeavor to include
them, in a language understood by the offenses of trafficking in persons among
trafficked person; extraditable offenses.

(d) Medical or psychological services; Section 27. Reporting Requirements. - The

Council shall submit to the President of the
(e) Livelihood and skills training; and Philippines and to Congress an annual report of
(f) Educational assistance to a trafficked the policies, programs and activities relative to
child. the implementation of this Act.
Sustained supervision and follow through Section 28. Funding. - The heads of the
mechanism that will track the progress of departments and agencies concerned shall
recovery, rehabilitation and reintegration of the immediately include in their programs and issue
trafficked persons shall be adopted and carried such rules and regulations to implement the
out. provisions of this Act, the funding of which shall
be included in the annual General
Section 24. Other Services for Trafficked
Appropriations Act.
Persons.-
S e c t i o n 2 9 . I m p l e m e n t i n g R u l e s a n d
(a) Legal Assistance. - Trafficked
Regulations. -The Council shall promulgate the
persons shall be considered under the
necessary implementing rules and regulations
category "Overseas Filipino in Distress"

104
within sixty (60) days from the effectivity of this REPUBLIC ACT No. 10364
Act.
AN ACT EXPANDING REPUBLIC ACT NO.
Section 30. Non-restriction of Freedom of 9208, ENTITLED "AN ACT TO INSTITUTE
Speech and of Association, Religion and the POLICIES TO ELIMINATE TRAFFICKING IN
Right to Travel. - Nothing in this Act shall be PERSONS ESPECIALLY WOMEN AND
interpreted as a restriction of the freedom of C H I L D R E N , E S TA B L I S H I N G T H E
speech and of association, religion and the right NECESSARY INSTITUTIONAL MECHANISMS
to travel for purposes not contrary to law as FOR THE PROTECTION AND SUPPORT OF
guaranteed by the Constitution. TRAFFICKED PERSONS, PROVIDING
Section 31. Separability Clause. - If, for any PENALTIES FOR ITS VIOLATIONS AND FOR
reason, any section or provision of this Act is OTHER PURPOSES"
held unconstitutional or invalid, the other Be it enacted by the Senate and House of
sections or provisions hereof shall not be Representatives of the Philippines in Congress
affected thereby. assembled:
Section 32. Repealing clause. - All laws, Section 1.Short Title. This Act shall be known
presidential decrees, executive orders and rules as the "Expanded Anti-Trafficking in Persons Act
and regulations, or parts thereof, inconsistent of 2012.
with the provisions of this Act are hereby
repealed or modified accordingly:Provided, That Section 2.Section 2 of Republic Act No. 9208 is
this Act shall not in any way amend or repeal the hereby amended to read as follows:
provision of Republic Act No. 7610, otherwise "SEC. 2. Declaration of Policy. It is
known as the "Special Protection of Children hereby declared that the State values
Against Child Abuse, Exploitation and the dignity of every human person and
Discrimination Act". guarantees the respect of individual
Section 33. Effectivity. - This Act shall take rights. In pursuit of this policy, the State
effect fifteen (15) days from the date of its shall give highest priority to the
complete publication in at least two (2) enactment of measures and
newspapers of general circulation. development of programs that will
promote human dignity, protect the
people from any threat of violence and
exploitation, eliminate trafficking in
persons, and mitigate pressures for
involuntary migration and servitude of
persons, not only to support trafficked
persons but more importantly, to ensure
their recovery, rehabilitation and
reintegration into the mainstream of
society.
"It shall be a State policy to recognize
the equal rights and inherent human
dignity of women and men as enshrined
in the United Nations Universal
Declaration on Human Rights, United
Republic of the Philippines Nations Convention on the Elimination
CONGRESS OF THE PHILIPPINES of All Forms of Discrimination Against
Metro Manila Women, United Nations Convention on
the Rights of the Child, United Nations
Fifteenth Congress
Convention on the Protection of Migrant
Third Regular Session
Workers and their Families, United
Begun and held in Metro Manila, on Monday, the Nations Convention Against
twenty-third day of July, two thousand twelve. Tr a n s n a t i o n a l O r g a n i z e d C r i m e
Including its Protocol to Prevent,

105
 Suppress and Punish Trafficking in age or one who is over eighteen
Persons, Especially Women and (18) but is unable to fully take
Children and all other relevant and care of or protect himself/herself
universally accepted human rights from abuse, neglect, cruelty,
instruments and other international exploitation, or discrimination
conventions to which the Philippines is a because of a physical or mental
signatory." disability or condition.
Section 3.Section 3 of Republic Act No. 9208 is "(c) Prostitution refers to any
hereby amended to read as follows: act, transaction, scheme or
design involving the use of a
"SEC. 3. Definition of Terms. As used
person by another, for sexual
in this Act:
intercourse or lascivious
"(a) Trafficking in Persons conduct in exchange for money,
refers to the recruitment, profit or any other consideration.
obtaining, hiring, providing,
"(d)Forced Labor refers to the
offering, transportation, transfer,
extraction of work or services
maintaining, harboring, or
from any person by means of
receipt of persons with or
enticement, violence,
without the victims consent or
intimidation or threat, use of,
knowledge, within or across
force or coercion, including
national borders by means of
deprivation of freedom, abuse of
threat, or use of force, or other
authority or moral ascendancy,
forms of coercion, abduction,
debt-bondage or deception
fraud, deception, abuse of
including any work or service
power or of position, taking
extracted from any person
advantage of the vulnerability of
under the menace of penalty.
the person, or, the giving or
receiving of payments or "(e) Slavery refers to the
benefits to achieve the consent status or condition of a person
of a person having control over over whom any or all of the
another person for the purpose powers attaching to the right of
of exploitation which includes at ownership are exercised.
a minimum, the exploitation or "(f) Involuntary Servitude
the prostitution of others or refers to a condition of enforced
other forms of sexual and compulsory service induced
exploitation, forced labor or by means of any scheme, plan
services, slavery, servitude or or pattern, intended to cause a
the removal or sale of organs. person to believe that if he or
"The recruitment, transportation, she did not enter into or
transfer, harboring, adoption or continue in such condition, he or
receipt of a child for the purpose she or another person would
of exploitation or when the suffer serious harm or other
adoption is induced by any form forms of abuse or physical
of consideration for exploitative restraint, or threat of abuse or
purposes shall also be harm, or coercion including
considered as trafficking in depriving access to travel
persons even if it does not documents and withholding
involve any of the means set salaries, or the abuse or
forth in the preceding threatened abuse of the legal
paragraph. process.
"(b) Child refers to a person "(g) Sex Tourism refers to a
below eighteen (18) years of program organized by travel and

106
tourism-related establishments activities or any representation
and individuals which consists of the sexual parts of a person
of tourism packages or for primarily sexual purposes.
activities, utilizing and offering "(k) Council shall mean the
escort and sexual services as Inter-Agency Council Against
enticement for tourists. This Tr a f fi c k i n g c r e a t e d u n d e r
includes sexual services and Section 20 of this Act."
practices offered during rest and
recreation periods for members Section 4.Section 4 of Republic Act No. 9208 is
of the military. hereby amended to read as follows:
"(h)Sexual Exploitation refers " S E C . 4 . A c t s o f Tr a f fi c k i n g i n
to participation by a person in Persons. It shall be unlawful for any
prostitution, pornography or the person, natural or juridical, to commit
production of pornography, in any of the following acts:
exchange for money, profit or "(a) To recruit, obtain, hire,
any other consideration or p r o v i d e , o f f e r, t r a n s p o r t ,
where the participation is transfer, maintain, harbor, or
caused or facilitated by any receive a person by any means,
means of intimidation or threat, including those done under the
use of force, or other forms of pretext of domestic or overseas
coercion, abduction, fraud, employment or training or
deception, debt bondage, abuse apprenticeship, for the purpose
of power or of position or of of prostitution, pornography, or
legal process, taking advantage sexual exploitation;
of the vulnerability of the
person, or giving or receiving of "(b) To introduce or match for
payments or benefits to achieve money, profit, or material,
the consent of a person having economic or other
control over another person; or consideration, any person or, as
in sexual intercourse or provided for under Republic Act
lascivious conduct caused or No. 6955, any Filipino woman to
facilitated by any means as a foreign national, for marriage
provided in this Act. for the purpose of acquiring,
buying, offering, selling or
"(i)Debt Bondage refers to the trading him/her to engage in
pledging by the debtor of his/her p r o s t i t u t i o n , p o r n o g r a p h y,
personal services or labor or sexual exploitation, forced labor,
those of a person under his/her slavery, involuntary servitude or
control as security or payment debt bondage;
for a debt, when the length and
nature of services is not clearly " ( c ) To o f f e r o r c o n t r a c t
defined or when the value of the marriage, real or simulated, for
services as reasonably the purpose of acquiring,
assessed is not applied toward buying, offering, selling, or
the liquidation of the debt. trading them to engage in
p r o s t i t u t i o n , p o r n o g r a p h y,
"(j)Pornography refers to any sexual exploitation, forced labor
representation, through or slavery, involuntary servitude
publication, exhibition, or debt bondage;
c i n e m a t o g r a p h y, i n d e c e n t
shows, information technology, "(d) To undertake or organize
or by whatever means, of a tours and travel plans consisting
person engaged in real or of tourism packages or activities
simulated explicit sexual for the purpose of utilizing and
offering persons for prostitution,

107
pornography or sexual serious harm or
exploitation; physical restraint; or
"(e) To maintain or hire a person " ( 2 ) To a b u s e o r
to engage in prostitution or threaten the use of law
pornography; or the legal processes;
and
"(f) To adopt persons by any
form of consideration for "(k) To recruit, transport, harbor,
exploitative purposes or to obtain, transfer, maintain, hire,
facilitate the same for purposes offer, provide, adopt or receive a
of prostitution, pornography, child for purposes of exploitation
sexual exploitation, forced labor, or trading them, including but
slavery, involuntary servitude or not limited to, the act of baring
debt bondage; and/or selling a child for any
consideration or for barter for
"(g) To adopt or facilitate the
purposes of exploitation.
adoption of persons for the
Trafficking for purposes of
purpose of prostitution,
exploitation of children shall
p o r n o g r a p h y, s e x u a l
include:
exploitation, forced labor,
slavery, involuntary servitude or "(1) All forms of slavery
debt bondage; or practices similar to
s l a v e r y, i n v o l u n t a r y
"(h) To recruit, hire, adopt,
servitude, debt bondage
transport, transfer, obtain,
a n d f o r c e d l a b o r,
harbor, maintain, provide, offer,
including recruitment of
receive or abduct a person, by
children for use in
means of threat or use of force,
armed conflict;
fraud, deceit, violence, coercion,
or intimidation for the purpose of "(2) The use, procuring
removal or sale of organs of or offering of a child for
said person; prostitution, for the
production of
"(i) To recruit, transport, obtain,
pornography, or for
transfer, harbor, maintain, offer,
p o r n o g r a p h i c
hire, provide, receive or adopt a
performances;
child to engage in armed
activities in the Philippines or "(3) The use, procuring
abroad; or offering of a child for
the production and
"(j) To recruit, transport, transfer,
trafficking of drugs; and
harbor, obtain, maintain, offer,
hire, provide or receive a person "(4) The use, procuring
by means defined in Section 3 or offering of a child for
of this Act for purposes of forced illegal activities or work
labor, slavery, debt bondage which, by its nature or
and involuntary servitude, the circumstances in
including a scheme, plan, or which it is carried out, is
pattern intended to cause the likely to harm their
person either: health, safety or morals;
and
"(1) To believe that if the
person did not perform "(l) To organize or direct other persons
such labor or services, to commit the offenses defined as acts
he or she or another of trafficking under this Act."
person would suffer

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Section 5.A new Section 4-A is hereby inserted cooperates in the execution of the
in Republic Act No. 9208, to read as follows: offense by previous or simultaneous
acts defined in this Act shall be
"SEC. 4-A. Attempted Trafficking in
punished in accordance with the
Persons. Where there are acts to
provisions of Section 10(c) of this Act."
initiate the commission of a trafficking
offense but the offender failed to or did Section 7.A new Section 4-C is hereby inserted
not execute all the elements of the in Republic Act No. 9208, to read as follows:
crime, by accident or by reason of some "SEC. 4-C.Accessories. Whoever has
cause other than voluntary desistance, the knowledge of the commission of the
such overt acts shall be deemed as an crime, and without having participated
attempt to commit an act of trafficking in therein, either as principal or as
persons. As such, an attempt to commit accomplices, take part in its commission
any of the offenses enumerated in in any of the following manners:
Section 4 of this Act shall constitute
attempted trafficking in persons. "(a) By profiting themselves or
assisting the offender to profit
"In cases where the victim is a child, any by the effects of the crime;
of the following acts shall also be
deemed as attempted trafficking in "(b) By concealing or destroying
persons: the body of the crime or effects
or instruments thereof, in order
"(a) Facilitating the travel of a to prevent its discovery;
child who travels alone to a
foreign country or territory "(c) By harboring, concealing or
without valid reason therefor assisting in the escape of the
and without the required principal of the crime, provided
clearance or permit from the the accessory acts with abuse
Department of Social Welfare of his or her public functions or
and Development, or a written is known to be habitually guilty
permit or justification from the of some other crime.
childs parent or legal guardian; "Acts defined in this provision shall be
"(b) Executing, for a punished in accordance with the
consideration, an affidavit of provision of Section 10(d) as stated
consent or a written consent for thereto."
adoption; Section 8.Section 5 of Republic Act No. 9208 is
"(c) Recruiting a woman to bear hereby amended to read as follows:
a child for the purpose of selling "SEC. 5.Acts that Promote Trafficking in
the child; Persons. The following acts which
"(d) Simulating a birth for the promote or facilitate trafficking in
purpose of selling the child; and persons, shall be unlawful:
"(e) Soliciting a child and "(a) xxx
acquiring the custody thereof "(b) To produce, print and issue
through any means from among or distribute unissued, tampered
hospitals, clinics, nurseries, or fake counseling certificates,
daycare centers, refugee or registration stickers, overseas
evacuation centers, and low- employment certificates or other
income families, for the purpose certificates of any government
of selling the child." agency which issues these
Section 6.A new Section 4-B is hereby inserted certificates, decals and such
in Republic Act No. 9208, to read as follows: other markers as proof of
compliance with government
"SEC. 4-B. Accomplice Liability. regulatory and pre-departure
Whoever knowingly aids, abets,

109
 requirements for the purpose of "x x x
promoting trafficking in persons; "(f) When the offender is a member of
"(c) xxx the military or law enforcement
agencies;
"(d) xxx
"(g) When by reason or on occasion of
"(e) xxx
the act of trafficking in persons, the
"(f) xxx offended party dies, becomes insane,
"(g) xxx suffers mutilation or is afflicted with
Human Immunodeficiency Virus (HIV) or
"(h) To tamper with, destroy, or the Acquired Immune Deficiency
cause the destruction of Syndrome (AIDS);
evidence, or to influence or
attempt to influence witnesses, "(h) When the offender commits one or
in an investigation or more violations of Section 4 over a
prosecution of a case under this period of sixty (60) or more days,
Act; whether those days are continuous or
not; and
"(i) To destroy, conceal, remove,
confiscate or possess, or "(i) When the offender directs or through
attempt to destroy, conceal, another manages the trafficking victim in
remove, confiscate or possess, carrying out the exploitative purpose of
any actual or purported passport trafficking."
or other travel, immigration or Section 10.Section 7 of Republic Act No. 9208
working permit or document, or is hereby amended to read as follows:
any other actual or purported
"SEC. 7. Confidentiality. At any stage
government identification, of any
of the investigation, rescue, prosecution
person in order to prevent or
and trial of an offense under this Act, law
restrict, or attempt to prevent or
enforcement officers, prosecutors,
restrict, without lawful authority,
judges, court personnel, social workers
the persons liberty to move or
and medical practitioners, as well as
travel in order to maintain the
parties to the case, shall protect the
labor or services of that person;
right to privacy of the trafficked person.
or
Towards this end, law enforcement
"(j) To utilize his or her office to officers, prosecutors and judges to
impede the investigation, whom the complaint has been referred
prosecution or execution of may, whenever necessary to ensure a
lawful orders in a case under fair and impartial proceeding, and after
this Act." considering all circumstances for the
Section 9.Section 6 of Republic Act No. 9208 is best interest of the parties, order a
hereby amended to read as follows: closed-door investigation, prosecution or
trial. The name and personal
"SEC. 6. Qualified Trafficking in circumstances of the trafficked person
Persons. Violations of Section 4 of this or any other information tending to
Act shall be considered as qualified establish the identity of the trafficked
trafficking: person and his or her family shall not be
"x x x disclosed to the public.
"(d) When the offender is a spouse, an "It shall be unlawful for any editor,
ascendant, parent, sibling, guardian or a publisher, and reporter or columnist in
person who exercises authority over the case of printed materials, announcer or
trafficked person or when the offense is producer in case of television and radio,
committed by a public officer or producer and director of a film in case of
employee; the movie industry, or any person
utilizing tri-media facilities or electronic

110
 information technology to cause "SEC. 10. Penalties and Sanctions.
publicity of the name, personal The following penalties and sanctions
circumstances, or any information are hereby established for the offenses
tending to establish the identity of the enumerated in this Act:
trafficked person except when the "(a) Any person found guilty of
trafficked person in a written statement committing any of the acts enumerated
duly notarized knowingly, voluntarily and in Section 4 shall suffer the penalty of
willingly waives said confidentiality. imprisonment of twenty (20) years and a
"Law enforcement officers, prosecutors, fine of not less than One million pesos
judges, court personnel, social workers (P1,000,000.00) but not more than Two
and medical practitioners shall be million pesos (P2,000,000.00);
trained on the importance of maintaining "(b) Any person found guilty of
confidentiality as a means to protect the committing any of the acts enumerated
right to privacy of victims and to in Section 4-A of this Act shall suffer the
encourage victims to file complaints." penalty of imprisonment of fifteen (15)
Section 11.Section 8 of Republic Act No. 9208 years and a fine of not less than Five
is hereby amended to read as follows: hundred thousand pesos (P500,000.00)
but not more than One million pesos
"SEC. 8. Initiation and Prosecution of
(P1,000,000.00);
Cases.
"(c) Any person found guilty of Section
"(a) Initiation of Investigation. Law
4-B of this Act shall suffer the penalty of
enforcement agencies are mandated to
imprisonment of fifteen (15) years and a
immediately initiate investigation and
fine of not less than Five hundred
counter-trafficking-intelligence gathering
thousand pesos (P500,000.00) but not
upon receipt of statements or affidavit
more than One million pesos
from victims of trafficking, migrant
(P1,000,000.00);
workers, or their families who are in
possession of knowledge or information "In every case, conviction shall cause
about trafficking in persons cases. and carry the automatic revocation of
the license or registration of the
"(b)Prosecution of Cases. Any person
recruitment agency involved in
who has personal knowledge of the
trafficking. The license of a recruitment
commission of any offense under this
agency which trafficked a child shall be
Act, such as the trafficked person, the
automatically revoked.
parents, spouse, siblings, children or
legal guardian may file a complaint for "(d) Any person found, guilty of
trafficking. committing any of the acts enumerated
in Section 5 shall suffer the penalty of
"(c) Affidavit of Desistance. Cases
imprisonment of fifteen (15) years and a
involving trafficking in persons should
fine of not less than Five hundred
not be dismissed based on the affidavit
thousand pesos (P500,000.00) but not
of desistance executed by the victims or
more than One million pesos
their parents or legal guardians. Public
(P1,000,000.00);
and private prosecutors are directed to
oppose and manifest objections to "(e) Any person found guilty of qualified
motions for dismissal. trafficking under Section 6 shall suffer
the penalty of life imprisonment and a
"Any act involving the means provided in
fine of not less than Two million pesos
this Act or any attempt thereof for the
(P2,000,000.00) but not more than Five
purpose of securing an Affidavit of
million pesos (P5,000,000.00);
Desistance from the complainant shall
be punishable under this Act." "(f) Any person who violates Section 7
hereof shall suffer the penalty of
Section 12.Section 10 of Republic Act No. 9208
imprisonment of six (6) years and a fine
is hereby amended to read as follows:
of not less than Five hundred thousand

111
pesos (P500,000.00) but not more than shall result in the immediate rescission
One million pesos (P1,000,000.00); of the decree of adoption."
"(g) If the offender is a corporation, Section 13.Section 11 of Republic Act No. 9208
partnership, association, club, is hereby amended to read as follows:
establishment or any juridical person, "SEC. 11. Use of Trafficked Persons.
the penalty shall be imposed upon the Any person who buys or engages the
owner, president, partner, manager, and/ services of a trafficked person for
o r a n y r e s p o n s i b l e o f fi c e r w h o prostitution shall be penalized with the
participated in the commission of the following: Provided, That the Probation
crime or who shall have knowingly Law (Presidential Decree No. 968) shall
permitted or failed to prevent its not apply:
commission;
"(a) Prision Correccional in its
"(h) The registration with the Securities maximum period to prision
and Exchange Commission (SEC) and mayoror six (6) years to twelve
license to operate of the erring agency, (12) years imprisonment and a
corporation, association, religious group, fine of not less than Fifty
tour or travel agent, club or thousand pesos (P50,000.00)
establishment, or any place of but not more than One hundred
entertainment shall be cancelled and thousand pesos
revoked permanently. The owner, ( P 1 0 0 , 0 0 0 . 0 0 ) : P r o v i d e d ,
president, partner or manager thereof however,That the following acts
shall not be allowed to operate similar shall be exempted thereto:
establishments in a different name;
"(1) If an offense under
"(i) If the offender is a foreigner, he or paragraph (a) involves sexual
she shall be immediately deported after intercourse or lascivious
serving his or her sentence and be conduct with a child, the penalty
barred permanently from entering the shall bereclusion temporalin its
country; medium period to reclusion
" ( j ) A n y e m p l o y e e o r o f fi c i a l o f perpetua or seventeen (17)
government agencies who shall issue or years to forty (40) years
approve the issuance of travel exit imprisonment and a fine of not
clearances, passports, registration less than Five hundred
certificates, counseling certificates, thousand pesos (P500,000.00)
marriage license, and other similar but not more than One million
documents to persons, whether juridical pesos (P1,000,000.00);
or natural, recruitment agencies, "(2) If an offense under
establishments or other individuals or paragraph (a) involves carnal
groups, who fail to observe the knowledge of, or sexual
prescribed procedures and the intercourse with, a male or
requirement as provided for by laws, female trafficking victim and
rules and regulations, shall be held also involves the use of force or
administratively liable, without prejudice intimidation, to a victim deprived
to criminal liability under this Act. The of reason or to an unconscious
concerned government official or victim, or a victim under twelve
employee shall, upon conviction, be (12) years of age, instead of the
dismissed from the service and be penalty prescribed in the
barred permanently to hold public office. subparagraph above the penalty
His or her retirement and other benefits shall be a fine of not less than
shall likewise be forfeited; and One million pesos
"(k) Conviction, by final judgment of the (P1,000,000.00) but not more
adopter for any offense under this Act than Five million pesos

112
 (P5,000,000.00) and h o w e v e r, T h a t t r a f fi c k i n g c a s e s
i m p r i s o n m e n t committed by a syndicate or in a large
of reclusion perpetua or forty scale as defined under Section 6, or
(40) years imprisonment with no against a child, shall prescribe in twenty
possibility of parole; except that (20) years.
if a person violating paragraph "The prescriptive period shall
(a) of this section knows the commence to run from the day on which
person that provided prostitution the trafficked person is delivered or
services is in fact a victim of released from the conditions of
trafficking, the offender shall not bondage, or in the case of a child victim,
be likewise penalized under this from the day the child reaches the age
section but under Section 10 as of majority, and shall be interrupted by
a person violating Section 4; the filing of the complaint or information
and if in committing such an and shall commence to run again when
offense, the offender also knows the proceedings terminate without the
a qualifying circumstance for accused being convicted or acquitted or
trafficking, the offender shall be are unjustifiably stopped for any reason
penalized under Section 10 for not imputable to the accused."
qualified trafficking. If in violating
this section the offender also Section 15.Section 16 of Republic Act No. 9208
violates Section 4, the offender is hereby amended to read as follows:
shall be penalized under "SEC. 16. Programs that Address
Section 10 and, if applicable, for T r a f fi c k i n g i n P e r s o n s . T h e
qualified trafficking instead of government shall establish and
under this section; implement preventive, protective and
"(b)Deportation. If a foreigner rehabilitative programs for trafficked
commits any offense described persons. For this purpose, the following
by paragraph (1) or (2) of this agencies are hereby mandated to
section or violates any pertinent implement the following programs:
provision of this Act as an "(a) Department of Foreign
accomplice or accessory to, or Affairs (DFA) shall make
by attempting any such offense, available its resources and
he or she shall be immediately facilities overseas for trafficked
deported after serving his or her persons regardless of their
sentence and be barred manner of entry to the receiving
permanently from entering the country, and explore means to
country; and further enhance its assistance in
"(c) Public Official. If the eliminating trafficking activities
offender is a public official, he or through closer networking with
she shall be dismissed from government agencies in the
service and shall suffer country and overseas,
perpetual absolute particularly in the formulation of
disqualification to hold public, policies and implementation of
o f fi c e , i n a d d i t i o n t o a n y relevant programs. It shall
imprisonment or fine received provide Filipino victims of
pursuant to any other provision trafficking overseas with free
of this Act." legal assistance and counsel to
pursue legal action against his
Section 14.Section 12 of Republic Act No. 9208 or her traffickers, represent his
is hereby amended to read as follows: or her interests in any criminal
"SEC. 12. Prescriptive Period. investigation or prosecution, and
Trafficking cases under this Act shall assist in the application for
prescribe in ten (10) years: Provided, social benefits and/or regular

113
immigration status as may be counseling and referral
allowed or provided for by the system;
host country. The DFA shall "(4) Coordination with
repatriate trafficked Filipinos local law enforcement
with the consent of the victims. entities; and
"The DFA shall take necessary "(5) Coordination with
measures for the efficient the Department of
implementation of the Electronic Justice, among others.
Passporting System to protect
the integrity of Philippine "The DSWD must conduct
passports, visas and other travel information campaigns in
documents to reduce the communities and schools
incidence of trafficking through teaching parents and families
the use of fraudulent that receiving consideration in
identification documents. exchange for adoption is
punishable under the law.
"In coordination with the Furthermore, information
Department of Labor and campaigns must be conducted
Employment, it shall provide with the police that they must
free temporary shelters and not induce poor women to give
other services to Filipino victims their children up for adoption in
of trafficking overseas through exchange for consideration.
the migrant workers and other
overseas Filipinos resource "(c) Department of Labor and
centers established overseas Employment (DOLE) shall
under Republic Act No. 8042, as ensure the strict implementation
amended. and compliance with the rules
and guidelines relative to the
"(b) Department of Social employment of persons locally
Welfare and Development and overseas. It shall likewise
(DSWD) shall implement monitor, document and report
rehabilitative and protective cases of trafficking in persons
programs for trafficked persons. involving employers and labor
It shall provide counseling and recruiters.
temporary shelter to trafficked
persons and develop a system "(d) Department of Justice
for accreditation among NGOs (DOJ) shall ensure the
for purposes of establishing prosecution of persons accused
centers and programs for of trafficking and designate and
intervention in various levels of train special prosecutors who
the community. It shall establish shall handle and prosecute
free temporary shelters, for the cases of trafficking. It shall also
protection and housing of establish a mechanism for free
trafficked persons to provide the legal assistance for trafficked
following basic services to persons, in coordination with the
trafficked persons: DSWD, Integrated Bar of the
Philippines (IBP) and other
"(1) Temporary housing NGOs and volunteer groups.
and food facilities;
"(e) Philippine Commission on
"(2) Psychological Women (PCW) shall actively
support and counseling; participate and coordinate in the
"(3) 24-hour call center formulation and monitoring of
for crisis calls and policies addressing the issue of
technology-based t r a f fi c k i n g i n p e r s o n s i n

114
coordination with relevant assistance to trafficked persons,
government agencies. It shall in coordination with the DFA.
l i ke w i se a d vo ca te fo r th e "The POEA shall create a
inclusion of the issue of blacklist of recruitment
trafficking in persons in both its agencies, illegal recruiters and
local and international advocacy persons facing administrative,
for womens issues. civil and criminal complaints for
"(f) Bureau of Immigration (BI) trafficking filed in the receiving
shall strictly administer and country and/or in the Philippines
enforce immigration and alien and those agencies, illegal
administration laws. It shall recruiters and persons involved
adopt measures for the in cases of trafficking who have
apprehension of suspected been rescued by the DFA and
traffickers both at the place of DOLE in the receiving country
arrival and departure and shall or in the Philippines even if no
ensure compliance by the formal administrative, civil or
Filipino fiancs/fiances and criminal complaints have been
spouses of foreign nationals filed:Provided,That the rescued
with the guidance and victims shall execute an affidavit
counseling requirement as attesting to the acts violative of
provided for in this Act. the anti-trafficking law. This
blacklist shall be posted in
"(g) Philippine National Police
conspicuous places in
(PNP) and National Bureau of
concerned government
Investigation (NBI) shall be
agencies and shall be updated
the primary law enforcement
bi-monthly.
agencies to undertake
surveillance, investigation and "The blacklist shall likewise be
arrest of individuals or persons posted by the POEA in the
suspected to be engaged in shared government information
trafficking. They shall closely system, which is mandated to
coordinate with each other and be established under Republic
with other law enforcement Act No. 8042, as amended.
agencies to secure concerted "The POEA and OWWA shall
efforts for effective investigation accredit NGOs and other
and apprehension of suspected service providers to conduct
traffickers. They shall also PEOS and PDOS, respectively.
establish a system to receive The PEOS and PDOS should
complaints and calls to assist include the discussion and
trafficked persons and conduct distribution of the blacklist.
rescue operations.
"The license or registration of a
"(h) Philippine Overseas recruitment agency that has
Employment Administration been blacklisted may be
(POEA) and Overseas Workers suspended by the POEA upon a
and Welfare Administration review of the complaints filed
(OWWA) POEA shall against said agency.
implement Pre-Employment
Orientation Seminars (PEOS) "(i) Department of the Interior
while Pre-Departure Orientation and Local Government (DILG)
Seminars (PDOS) shall be shall institute a systematic
conducted by the OWWA. It information and prevention
shall likewise formulate a campaign in coordination with
system of providing free legal pertinent agencies of

115
government as provided for in community-based initiatives
this Act. It shall provide training which address the trafficking in
programs to local government persons.
units, in coordination with the "In implementing this Act, the
Council, in ensuring wide agencies concerned may seek
understanding and application and enlist the assistance of
of this Act at the local level. NGOs, peoples organizations
"(j) Commission on Filipinos (POs), civic organizations and
Overseas shall conduct pre- other volunteer groups."
departure counseling services Section 16. A new Section 16-A is hereby
for Filipinos in intermarriages. It inserted into Republic Act No. 9208, to read as
shall develop a system for follows:
accreditation of NGOs that may
be mobilized for purposes of "SEC. 16-A. Anti-Trafficking in Persons
conducting pre-departure Database. An anti-trafficking in
counseling services for Filipinos persons central database shall be
in intermarriages. As such, it established by the Inter-Agency Council
shall ensure that the counselors Against Trafficking created under
contemplated under this Act Section 20 of this Act. The Council shall
shall have the minimum submit a report to the President of the
qualifications and training of Philippines and to Congress, on or
guidance counselors as before January 15 of every year, with
provided for by law. respect to the preceding year s
programs and data on trafficking-related
"It shall likewise assist in the cases.
conduct of information
campaigns against trafficking in "All government agencies tasked under
coordination with local the law to undertake programs and
government units, the Philippine render assistance to address trafficking
Information Agency, and NGOs. in persons shall develop their respective
monitoring and data collection systems,
"(k) Local government units and databases, for purposes of ensuring
(LGUs) shall monitor and efficient collection and storage of data
document cases of trafficking in on cases of trafficking in persons
persons in their areas of handled by their respective offices. Such
jurisdiction, effect the data shall be submitted to the Council
cancellation of licenses of for integration in a central database
establishments which violate the system.
provisions of this Act and ensure
effective prosecution of such "For this purpose, the Council is hereby
cases. They shall also tasked to ensure the harmonization and
undertake an information standardization of databases, including
campaign against trafficking in minimum data requirements, definitions,
persons through the reporting formats, data collection
establishment of the Migrants systems, and data verification systems.
Advisory and Information Such databases shall have, at the
Network (MAIN) desks in minimum, the following information:
municipalities or provinces in "(a) The number of cases of
coordination with the DILG, trafficking in persons, sorted
Philippine Information Agency according to status of cases,
(PIA), Commission on Filipinos including the number of cases
Overseas (CFO), NGOs and being investigated, submitted for
other concerned agencies. They prosecution, dropped, and filed
shall encourage and support and/or pending before the

116
 courts and the number of protecting trafficked persons after the
convictions and acquittals; rescue."
"(b) The profile/information on Section 19. A new Section 17-B is hereby
each case; inserted into Republic Act No. 9208, to read as
follows:
"(c) The number of victims of
trafficking in persons referred to "SEC. 17-B. Irrelevance of Past Sexual
the agency by destination Behavior, Opinion Thereof or Reputation
countries/areas and by area of of Victims and of Consent of Victims in
origin; and Cases of Deception, Coercion and
Other Prohibited Means. The past
"(d) Disaggregated data on
sexual behavior or the sexual
trafficking victims and the
predisposition of a trafficked person
accused/defendants."
shall be considered inadmissible in
Section 17.Section 17 of Republic Act No. 9208 evidence for the purpose of proving
is hereby amended to read as follows: consent of the victim to engage in
"SEC. 17.Legal Protection to Trafficked sexual behavior, or to prove the
Persons. Trafficked persons shall be predisposition, sexual or otherwise, of a
recognized as victims of the act or acts trafficked person. Furthermore, the
of trafficking and as such, shall not be consent of a victim of trafficking to the
penalized for unlawful acts committed intended exploitation shall be irrelevant
as a direct result of, or as an incident or where any of the means set forth in
in relation to, being trafficked based on Section 3(a) of this Act has been used."
the acts of trafficking enumerated in this Section 20. A new Section 17-C is hereby
Act or in obedience to the order made inserted into Republic Act No. 9208, to read as
by the trafficker in relation thereto. In follows:
this regard, the consent of a trafficked
"SEC. 17-C. Immunity from Suit,
person to the intended exploitation set
Prohibited Acts and Injunctive
forth in this Act shall be irrelevant.
Remedies. No action or suit shall be
"Victims of trafficking for purposes of brought, instituted or maintained in any
prostitution as defined under Section 4 court or tribunal or before any other
of this Act are not covered by Article 202 authority against any: (a) law
of the Revised Penal Code and as such, enforcement officer; (b) social worker; or
shall not be prosecuted, fined, or (c) person acting in compliance with a
otherwise penalized under the said law." lawful order from any of the above, for
Section 18. A new Section 17-A is hereby lawful acts done or statements made
inserted into Republic Act No. 9208, to read as during an authorized rescue operation,
follows: recovery or rehabilitation/intervention, or
an investigation or prosecution of an
"SEC. 17-A. Temporary Custody of anti-trafficking case: Provided, That
Trafficked Victims. The rescue of such acts shall have been made in good
victims should be done as much as faith.
possible with the assistance of the
DSWD or an accredited NGO that "The prosecution of retaliatory suits
services trafficked victims. A law against victims of trafficking shall be
enforcement officer, on a reasonable h e l d i n a b e y a n c e p e n d i n g fi n a l
suspicion that a person is a victim of any resolution and decision of criminal
offense defined under this Act including complaint for trafficking.
attempted trafficking, shall immediately "It shall be prohibited for the DFA, the
place that person in the temporary DOLE, and the POEA officials, law
custody of the local social welfare and enforcement officers, prosecutors and
development office, or any accredited or judges to urge complainants to abandon
licensed shelter institution devoted to

117
 their criminal, civil and administrative of trafficking in persons. These
complaints for trafficking. representatives shall be
nominated by the government
"The remedies of injunction and
agency representatives of the
attachment of properties of the
Council, for appointment by the
traffickers, illegal recruiters and persons
President for a term of three (3)
i n v o l v e d i n t r a f fi c k i n g m a y b e
years.
issuedmotu proprioby judges."
"The members of the Council may
Section 21.Section 20 of Republic Act No. 9208
designate their permanent
is hereby amended to read as follows:
representatives who shall have a rank
"SEC. 20. Inter-Agency Council Against not lower than an assistant secretary or
T r a f fi c k i n g . T h e r e i s h e r e b y its equivalent to meetings, and shall
established an Inter-Agency Council receive emoluments as may be
Against Trafficking, to be composed of determined by the Council in
the Secretary of the Department of accordance with existing budget and
Justice as Chairperson and the accounting rules and regulations."
Secretary of the Department of Social
Section 22.Section 22 of Republic Act No. 9208
Welfare and Development as Co-
is hereby amended to read as follows:
Chairperson and shall have the
following as members: "SEC. 22. Secretariat to the Council.
The Department of Justice shall
"(a) Secretary, Department of
establish the necessary Secretariat for
Foreign Affairs;
the Council.
"(b) Secretary, Department of
"The secretariat shall provide support for
Labor and Employment;
the functions and projects of the
"(c) Secretary, Department of Council. The secretariat shall be headed
the Interior and Local by an executive director, who shall be
Government; appointed by the Secretary of the DOJ
"(d) Administrator, Philippine upon the recommendation of the
Overseas Employment Council. The executive director must
Administration; have adequate knowledge on, training
and experience in the phenomenon of
"(e) Commissioner, Bureau of and issues involved in trafficking in
Immigration; persons and in the field of law, law
"(f) Chief, Philippine National enforcement, social work, criminology,
Police; or psychology.
"(g) Chairperson, Philippine "The executive director shall be under
Commission on Women; the supervision of the Inter-Agency
Council Against Trafficking through its
"(h) Chairperson, Commission
Chairperson and Co-Chairperson, and
on Filipinos Overseas;
shall perform the following functions:
" ( i ) E x e c u t i v e D i r e c t o r,
"(a) Act as secretary of the
Philippine Center for
Council and administrative
Transnational Crimes; and
officer of its secretariat;
"(j) Three (3) representatives
"(b) Advise and assist the
from NGOs, who shall include
Chairperson in formulating and
one (1) representative each
implementing the objectives,
from among the sectors
policies, plans and programs of
representing women, overseas
the Council, including those
Filipinos, and children, with a
involving mobilization of
proven record of involvement in
government offices represented
the prevention and suppression
in the Council as well as other

118
 relevant government offices, "No prosecution may be commenced
task forces, and mechanisms; against a person under this section if a
foreign government, in accordance with
"(c) Serve as principal assistant
jurisdiction recognized by the
to the Chairperson in the overall
Philippines, has prosecuted or is
supervision of council
prosecuting such person for the conduct
administrative business;
constituting such offense, except upon
"(d) Oversee all council the approval of the Secretary of Justice.
operational activities;
"The government may surrender or
"(e) Ensure an effective and extradite persons accused of trafficking
efficient performance of council in the Philippines to the appropriate
functions and prompt international court if any, or to another
implementation of council State pursuant to the applicable
objectives, policies, plans and extradition laws and treaties."
programs;
Section 24.Section 28 of Republic Act No. 9208
"(f) Propose effective allocations is hereby amended, to read as follows:
of resources for implementing
"SEC. 28. Funding. The amount
council objectives, policies,
necessary to implement the provisions
plans and programs;
of this Act shall be charged against the
"(g) Submit periodic reports to current years appropriations of the
the Council on the progress of Inter-Agency Council Against Trafficking
council objectives, policies, under the budget of the DOJ and the
plans and programs; appropriations of the other concerned
"(h) Prepare annual reports of departments. Thereafter, such sums as
all council activities; and may be necessary for the continued
implementation of this Act shall be
"(i) Perform other duties as the included in the annual General
Council may assign." Appropriations Act."1wphi1
Section 23. A new Section 26-A is hereby Section 25. A new Section 28-A is hereby
inserted into Republic Act No. 9208, to read as inserted into Republic Act No. 9208, to read as
follows: follows:
"SEC. 26-A.Extra-Territorial Jurisdiction. "SEC. 28-A. Additional Funds for the
The State shall exercise jurisdiction Council. The amount collected from
over any act defined and penalized every penalty, fine or asset derived from
under this Act, even if committed outside any violation of this Act shall be
the Philippines and whether or not such earmarked as additional funds for the
act or acts constitute an offense at the use of the Council. The fund may be
place of commission, the crime being a augmented by grants, donations and
continuing offense, having been endowment from various sources,
commenced in the Philippines and other domestic or foreign, for purposes related
elements having been committed in to their functions, subject to the existing
another country, if the suspect or accepted rules and regulations of the
accused: Commission on Audit."
"(a) Is a Filipino citizen; or Section 26.Section 32 of Republic Act No. 9208
"(b) Is a permanent resident of of the Repealing Clause is hereby amended to
the Philippines; or read as follows:
"(c) Has committed the act "SEC. 32. Repealing Clause. Article
against a citizen of the 202 of the Revised Penal Code, as
Philippines. amended, and all laws, acts,
presidential decrees, executive orders,
administrative orders, rules and

119
 regulations inconsistent with or contrary Towards this end, the State shall exert efforts to
to the provisions of this Act are deemed address violence committed against women and
a m e n d e d , m o d i fi e d o r r e p e a l e d children in keeping with the fundamental
accordingly:Provided,That this Act shall freedoms guaranteed under the Constitution and
not in any way amend or repeal the the Provisions of the Universal Declaration of
provisions of Republic Act No. 7610, Hum an Right s, the conven tion on t he
otherwise known as the Special Elimination of all forms of discrimination Against
Protection of Child Against Child Abuse, Women, Convention on the Rights of the Child
Exploitation and Discrimination Act." and other international human rights instruments
of which the Philippines is a party.
Section 27.Section 33 of Republic Act No. 9208
is hereby amended to read as follows: SECTION 3.Definition of Terms.- As used in this
Act,
"SEC. 33. Effectivity. This Act shall
take effect fifteen (15) days following its (a) "Violence against women and their
complete publication in at least two (2) children" refers to any act or a series of
newspapers of general circulation." acts committed by any person against a
woman who is his wife, former wife, or
against a woman with whom the person
has or had a sexual or dating
relationship, or with whom he has a
common child, or against her child
Republic of the Philippines whether legitimate or illegitimate, within
Congress of the Philippines or without the family abode, which result
Metro Manila in or is likely to result in physical, sexual,
Twelfth Congress psychological harm or suffering, or
Third Regular Session economic abuse including threats of
such acts, battery, assault, coercion,

harassment or arbitrary deprivation of

Begun and held in Metro Manila, on Monday, the
liberty. It includes, but is not limited to,
twenty-second day of July, two thousand three.
the following acts:
Republic Act No. 9262 A. "Physical Violence" refers to
March 08, 2004 acts that include bodily or
physical harm;
AN ACT DEFINING VIOLENCE AGAINST
WOMEN AND THEIR CHILDREN, PROVIDING B. "Sexual violence" refers to an
FOR PROTECTIVE MEASURES FOR act which is sexual in nature,
V I C T I M S , P R E S C R I B I N G P E N A LT I E S committed against a woman or
THEREFORE, AND FOR OTHER PURPOSES her child. It includes, but is not
limited to:
Be it enacted by the Senate and House of
Representatives of the Philippines in Congress a) rape, sexual
assembled: harassment, acts of
lasciviousness, treating
SECTION 1. Short Title.- This Act shall be a woman or her child as
known as the "Anti-Violence Against Women a sex object, making
and Their Children Act of 2004". demeaning and sexually
SECTION 2. Declaration of Policy.- It is hereby suggestive remarks,
declared that the State values the dignity of physically attacking the
women and children and guarantees full respect sexual parts of the
for human rights. The State also recognizes the victim's body, forcing
need to protect the family and its members her/him to watch
particularly women and children, from violence obscene publications
and threats to their personal safety and security. and indecent shows or
forcing the woman or

120
 her child to do indecent wherein the other
acts and/or make films spouse/partner objects
thereof, forcing the wife on valid, serious and
and mistress/lover to moral grounds as
live in the conjugal defined in Article 73 of
home or sleep together the Family Code;
in the same room with 2. deprivation or threat
the abuser; of deprivation of
b) acts causing or financial resources and
attempting to cause the the right to the use and
victim to engage in any enjoyment of the
sexual activity by force, conjugal, community or
threat of force, physical property owned in
or other harm or threat common;
of physical or other 3. destroying household
harm or coercion; property;
c) Prostituting the 4. controlling the
woman or child. victims' own money or
C. "Psychological violence" properties or solely
refers to acts or omissions controlling the conjugal
causing or likely to cause money or properties.
mental or emotional suffering of (b) "Battery" refers to an act of inflicting
the victim such as but not physical harm upon the woman or her
limited to intimidation, child resulting to the physical and
harassment, stalking, damage psychological or emotional distress.
to property, public ridicule or
humiliation, repeated verbal (c) "Battered Woman Syndrome" refers
abuse and mental infidelity. It to a scientifically defined pattern of
includes causing or allowing the psychological and behavioral symptoms
victim to witness the physical, found in women living in battering
sexual or psychological abuse relationships as a result of cumulative
of a member of the family to abuse.
which the victim belongs, or to (d) "Stalking" refers to an intentional act
witness pornography in any committed by a person who, knowingly
form or to witness abusive injury and without lawful justification follows
to pets or to unlawful or the woman or her child or places the
unwanted deprivation of the woman or her child under surveillance
right to custody and/or visitation directly or indirectly or a combination
of common children. thereof.
D. "Economic abuse" refers to (e) "Dating relationship" refers to a
acts that make or attempt to situation wherein the parties live as
make a woman financially husband and wife without the benefit of
dependent which includes, but marriage or are romantically involved
is not limited to the following: over time and on a continuing basis
1. withdrawal of during the course of the relationship. A
financial support or casual acquaintance or ordinary
preventing the victim socialization between two individuals in
from engaging in any a business or social context is not a
legitimate profession, dating relationship.
occupation, business or
activity, except in cases

121
 (f) "Sexual relations" refers to a single restricting the woman's or her child's
sexual act which may or may not result movement or conduct:
in the bearing of a common child. (1) Threatening to deprive or
(g) "Safe place or shelter" refers to any actually depriving the woman or
home or institution maintained or her child of custody to her/his
managed by the Department of Social family;
Welfare and Development (DSWD) or (2) Depriving or threatening to
by any other agency or voluntary deprive the woman or her
organization accredited by the DSWD children of financial support
for the purposes of this Act or any other legally due her or her family, or
suitable place the resident of which is deliberately providing the
willing temporarily to receive the victim. woman's children insufficient
(h) "Children" refers to those below financial support;
eighteen (18) years of age or older but (3) Depriving or threatening to
are incapable of taking care of deprive the woman or her child
themselves as defined under Republic of a legal right;
Act No. 7610. As used in this Act, it
includes the biological children of the (4) Preventing the woman in
victim and other children under her care. engaging in any legitimate
profession, occupation,
SECTION 4. Construction.- This Act shall be business or activity or
liberally construed to promote the protection and controlling the victim's own
safety of victims of violence against women and mon4ey or properties, or solely
their children. controlling the conjugal or
SECTION 5. Acts of Violence Against Women common money, or properties;
and Their Children.- The crime of violence (f) Inflicting or threatening to inflict
against women and their children is committed physical harm on oneself for the
through any of the following acts: purpose of controlling her actions or
(a) Causing physical harm to the woman decisions;
or her child; (g) Causing or attempting to cause the
(b) Threatening to cause the woman or woman or her child to engage in any
her child physical harm; sexual activity which does not constitute
rape, by force or threat of force, physical
(c) Attempting to cause the woman or
harm, or through intimidation directed
her child physical harm;
against the woman or her child or her/
(d) Placing the woman or her child in his immediate family;
fear of imminent physical harm;
(h) Engaging in purposeful, knowing, or
(e) Attempting to compel or compelling reckless conduct, personally or through
the woman or her child to engage in a n o t h e r, t h a t a l a r m s o r c a u s e s
conduct which the woman or her child substantial emotional or psychological
has the right to desist from or desist distress to the woman or her child. This
from conduct which the woman or her shall include, but not be limited to, the
child has the right to engage in, or following acts:
attempting to restrict or restricting the
(1) Stalking or following the
woman's or her child's freedom of
woman or her child in public or
movement or conduct by force or threat
private places;
of force, physical or other harm or threat
of physical or other harm, or intimidation (2) Peering in the window or
directed against the woman or child. lingering outside the residence
This shall include, but not limited to, the of the woman or her child;
following acts committed with the
purpose or effect of controlling or

122
 (3) Entering or remaining in the (d) Acts falling under Section 5(f) shall
dwelling or on the property of be punished by arresto mayor;
the woman or her child against (e) Acts falling under Section 5(g) shall
her/his will; be punished by prision mayor;
(4) Destroying the property and (f) Acts falling under Section 5(h) and
personal belongings or inflicting Section 5(i) shall be punished by prision
harm to animals or pets of the mayor.
woman or her child; and
If the acts are committed while the
(5) Engaging in any form of woman or child is pregnant or
harassment or violence; committed in the presence of her child,
(i) Causing mental or emotional anguish, the penalty to be applied shall be the
public ridicule or humiliation to the maximum period of penalty prescribed
woman or her child, including, but not in the section.
limited to, repeated verbal and In addition to imprisonment, the
emotional abuse, and denial of financial perpetrator shall (a) pay a fine in the
support or custody of minor children of amount of not less than One hundred
access to the woman's child/children. thousand pesos (P100,000.00) but not
SECTION 6. Penalties.- The crime of violence more than three hundred thousand
against women and their children, under Section pesos (300,000.00); (b) undergo
5 hereof shall be punished according to the mandatory psychological counseling or
following rules: psychiatric treatment and shall report
compliance to the court.
(a) Acts falling under Section 5(a)
constituting attempted, frustrated or SECTION 7. Venue.- The Regional Trial Court
consummated parricide or murder or designated as a Family Court shall have original
homicide shall be punished in and exclusive jurisdiction over cases of violence
accordance with the provisions of the against women and their children under this law.
Revised Penal Code. In the absence of such court in the place where
the offense was committed, the case shall be
If these acts resulted in mutilation, it
filed in the Regional Trial Court where the crime
shall be punishable in accordance with
or any of its elements was committed at the
the Revised Penal Code; those
option of the compliant.
constituting serious physical injuries
shall have the penalty of prison mayor; SECTION 8. Protection Orders.- A protection
those constituting less serious physical order is an order issued under this act for the
injuries shall be punished by prision purpose of preventing further acts of violence
correccional; and those constituting against a woman or her child specified in
slight physical injuries shall be punished Section 5 of this Act and granting other
by arresto mayor. necessary relief. The relief granted under a
protection order serve the purpose of
Acts falling under Section 5(b) shall be
safeguarding the victim from further harm,
punished by imprisonment of two
minimizing any disruption in the victim's daily
degrees lower than the prescribed
life, and facilitating the opportunity and ability of
penalty for the consummated crime as
the victim to independently regain control over
specified in the preceding paragraph but
her life. The provisions of the protection order
shall in no case be lower than arresto
shall be enforced by law enforcement agencies.
mayor.
The protection orders that may be issued under
(b) Acts falling under Section 5(c) and this Act are the barangay protection order
5(d) shall be punished by arresto mayor; (BPO), temporary protection order (TPO) and
(c) Acts falling under Section 5(e) shall permanent protection order (PPO). The
be punished by prision correccional; protection orders that may be issued under this
Act shall include any, some or all of the following
reliefs:

123
(a) Prohibition of the respondent from regularly by the respondent's employer
threatening to commit or committing, for the same to be automatically
personally or through another, any of the remitted directly to the woman. Failure
acts mentioned in Section 5 of this Act; to remit and/or withhold or any delay in
the remittance of support to the woman
(b) Prohibition of the respondent from
and/or her child without justifiable cause
harassing, annoying, telephoning,
shall render the respondent or his
contacting or otherwise communicating
employer liable for indirect contempt of
with the petitioner, directly or indirectly;
court;
(c) Removal and exclusion of the
(h) Prohibition of the respondent from
respondent from the residence of the
any use or possession of any firearm or
petitioner, regardless of ownership of
deadly weapon and order him to
the residence, either temporarily for the
surrender the same to the court for
purpose of protecting the petitioner, or
appropriate disposition by the court,
permanently where no property rights
including revocation of license and
are violated, and if respondent must
disqualification to apply for any license
remove personal effects from the
to use or possess a firearm. If the
residence, the court shall direct a law
offender is a law enforcement agent, the
enforcement agent to accompany the
court shall order the offender to
respondent has gathered his things and
surrender his firearm and shall direct the
escort respondent from the residence;
appropriate authority to investigate on
(d) Directing the respondent to stay the offender and take appropriate action
away from petitioner and designated on matter;
family or household member at a
(i) Restitution for actual damages
distance specified by the court, and to
caused by the violence inflicted,
stay away from the residence, school,
including, but not limited to, property
place of employment, or any specified
damage, medical expenses, childcare
place frequented by the petitioner and
expenses and loss of income;
any designated family or household
member; (j) Directing the DSWD or any
appropriate agency to provide petitioner
(e) Directing lawful possession and use
may need; and
by petitioner of an automobile and other
essential personal effects, regardless of (k) Provision of such other forms of relief
ownership, and directing the appropriate as the court deems necessary to protect
law enforcement officer to accompany and provide for the safety of the
the petitioner to the residence of the petitioner and any designated family or
parties to ensure that the petitioner is household member, provided petitioner
safely restored to the possession of the and any designated family or household
automobile and other essential personal member consents to such relief.
effects, or to supervise the petitioner's or Any of the reliefs provided under this
respondent's removal of personal section shall be granted even in the
belongings; absence of a decree of legal separation
(f) Granting a temporary or permanent or annulment or declaration of absolute
custody of a child/children to the nullity of marriage.
petitioner; The issuance of a BPO or the pendency
(g) Directing the respondent to provide of an application for BPO shall not
support to the woman and/or her child if preclude a petitioner from applying for,
entitled to legal support. or the court from granting a TPO or
Notwithstanding other laws to the PPO.
contrary, the court shall order an SECTION 9.Who may file Petition for Protection
appropriate percentage of the income or Orders. A petition for protection order may be
salary of the respondent to be withheld filed by any of the following:

124
 (a) the offended party; (b) description of relationships between
petitioner and respondent;
(b) parents or guardians of the offended
party; (c) a statement of the circumstances of
the abuse;
(c) ascendants, descendants or
collateral relatives within the fourth civil (d) description of the reliefs requested
degree of consanguinity or affinity; by petitioner as specified in Section 8
herein;
(d) officers or social workers of the
DSWD or social workers of local (e) request for counsel and reasons for
government units (LGUs); such;
(e) police officers, preferably those in (f) request for waiver of application fees
charge of women and children's desks; until hearing; and
(f) Punong Barangay or Barangay (g) an attestation that there is no
Kagawad; pending application for a protection
order in another court.
(g) lawyer, counselor, therapist or
healthcare provider of the petitioner; If the applicants is not the victim, the application
must be accompanied by an affidavit of the
(h) At least two (2) concerned
applicant attesting to (a) the circumstances of
responsible citizens of the city or
the abuse suffered by the victim and (b) the
municipality where the violence against
circumstances of consent given by the victim for
women and their children occurred and
the filling of the application. When disclosure of
who has personal knowledge of the
the address of the victim will pose danger to her
offense committed.
life, it shall be so stated in the application. In
SECTION 10. Where to Apply for a Protection such a case, the applicant shall attest that the
Order. Applications for BPOs shall follow the victim is residing in the municipality or city over
rules on venue under Section 409 of the Local which court has territorial jurisdiction, and shall
Government Code of 1991 and its implementing provide a mailing address for purpose of service
rules and regulations. An application for a TPO processing.
or PPO may be filed in the regional trial court,
An application for protection order filed with a
metropolitan trial court, municipal trial court,
court shall be considered an application for both
municipal circuit trial court with territorial
a TPO and PPO.
jurisdiction over the place of residence of the
petitioner: Provided, however, That if a family Barangay officials and court personnel shall
court exists in the place of residence of the assist applicants in the preparation of the
petitioner, the application shall be filed with that application. Law enforcement agents shall also
court. extend assistance in the application for
protection orders in cases brought to their
SECTION 11. How to Apply for a Protection
attention.
Order. The application for a protection order
must be in writing, signed and verified under SECTION 12. Enforceability of Protection
oath by the applicant. It may be filed as an Orders. All TPOs and PPOs issued under this
independent action or as incidental relief in any Act shall be enforceable anywhere in the
civil or criminal case the subject matter or issues Philippines and a violation thereof shall be
thereof partakes of a violence as described in punishable with a fine ranging from Five
this Act. A standard protection order application Thousand Pesos (P5,000.00) to Fifty Thousand
form, written in English with translation to the Pesos (P50,000.00) and/or imprisonment of six
major local languages, shall be made available (6) months.
to facilitate applications for protections order, SECTION 13. Legal Representation of
and shall contain, among other, the following Petitioners for Protection Order. If the woman
information: or her child requests in the applications for a
(a) names and addresses of petitioner protection order for the appointment of counsel
and respondent; because of lack of economic means to hire a

125
counsel de parte, the court shall immediately TPO. The court shall order the immediate
direct the Public Attorney's Office (PAO) to personal service of the TPO on the respondent
represent the petitioner in the hearing on the by the court sheriff who may obtain the
application. If the PAO determines that the assistance of law enforcement agents for the
applicant can afford to hire the services of a service. The TPO shall include notice of the date
counsel de parte, it shall facilitate the legal of the hearing on the merits of the issuance of a
representation of the petitioner by a counsel de PPO.
parte. The lack of access to family or conjugal SECTION 16. Permanent Protection Orders.
resources by the applicant, such as when the Permanent Protection Order (PPO) refers to
same are controlled by the perpetrator, shall protection order issued by the court after notice
qualify the petitioner to legal representation by and hearing.
the PAO.
Respondents non-appearance despite proper
However, a private counsel offering free legal notice, or his lack of a lawyer, or the non-
service is not barred from representing the availability of his lawyer shall not be a ground for
petitioner. rescheduling or postponing the hearing on the
SECTION 14. Barangay Protection Orders merits of the issuance of a PPO. If the
(BPOs); Who May Issue and How. - Barangay respondents appears without counsel on the
Protection Orders (BPOs) refer to the protection date of the hearing on the PPO, the court shall
order issued by the Punong Barangay ordering appoint a lawyer for the respondent and
the perpetrator to desist from committing acts immediately proceed with the hearing. In case
under Section 5 (a) and (b) of this Act. APunong the respondent fails to appear despite proper
Barangay who receives applications for a BPO notice, the court shall allow ex parte
shall issue the protection order to the applicant presentation of the evidence by the applicant
on the date of filing afterex partedetermination and render judgment on the basis of the
of the basis of the application. If the Punong evidence presented. The court shall allow the
Barangayis unavailable to act on the application introduction of any history of abusive conduct of
for a BPO, the application shall be acted upon a respondent even if the same was not directed
by any availableBarangay Kagawad.If the BPO against the applicant or the person for whom the
is issued by a Barangay Kagawad the order applicant is made.
must be accompanied by an attestation by The court shall, to the extent possible, conduct
the Barangay Kagawad that the Punong the hearing on the merits of the issuance of a
Barangay was unavailable at the time for the PPO in one (1) day. Where the court is unable to
issuance of the BPO. BPOs shall be effective for conduct the hearing within one (1) day and the
fifteen (15) days. Immediately after the issuance TPO issued is due to expire, the court shall
of an ex parte BPO, the Punong Barangay or continuously extend or renew the TPO for a
Barangay Kagawad shall personally serve a period of thirty (30) days at each particular time
copy of the same on the respondent, or direct until final judgment is issued. The extended or
any barangay official to effect is personal renewed TPO may be modified by the court as
service. may be necessary or applicable to address the
The parties may be accompanied by a non- needs of the applicant.
lawyer advocate in any proceeding before the The court may grant any, some or all of the
Punong Barangay. reliefs specified in Section 8 hereof in a PPO. A
SECTION 15. Temporary Protection Orders. PPO shall be effective until revoked by a court
Temporary Protection Orders (TPOs) refers to upon application of the person in whose favor
the protection order issued by the court on the the order was issued. The court shall ensure
date of filing of the application after ex immediate personal service of the PPO on
parte determination that such order should be respondent.
issued. A court may grant in a TPO any, some or The court shall not deny the issuance of
all of the reliefs mentioned in this Act and shall protection order on the basis of the lapse of time
be effective for thirty (30) days. The court shall between the act of violence and the filing of the
schedule a hearing on the issuance of a PPO application.
prior to or on the date of the expiration of the

126
Regardless of the conviction or acquittal of the During trial and upon judgment, the trial court
respondent, the Court must determine whether may motu proprio issue a protection order as it
or not the PPO shall become final. Even in a deems necessary without need of an
dismissal, a PPO shall be granted as long as application.
there is no clear showing that the act from which Violation of any provision of a TPO or PPO
the order might arise did not exist. issued under this Act shall constitute contempt
SECTION 17. Notice of Sanction in Protection of court punishable under Rule 71 of the Rules
Orders. The following statement must be of Court, without prejudice to any other criminal
printed in bold-faced type or in capital letters on or civil action that the offended party may file for
the protection order issued by the Punong any of the acts committed.
Barangayor court: SECTION 22. Applicability of Protection Orders
" V I O L AT I O N O F T H I S O R D E R I S to Criminal Cases. The foregoing provisions
PUNISHABLE BY LAW." on protection orders shall be applicable in
impliedly instituted with the criminal actions
SECTION 18. Mandatory Period For Acting on
involving violence against women and their
Applications For Protection Orders Failure to
children.
act on an application for a protection order within
the reglementary period specified in the previous SECTION 23. Bond to Keep the Peace. The
section without justifiable cause shall render the Court may order any person against whom a
official or judge administratively liable. protection order is issued to give a bond to keep
the peace, to present two sufficient sureties who
SECTION 19. Legal Separation Cases. In
shall undertake that such person will not commit
cases of legal separation, where violence as
the violence sought to be prevented.
specified in this Act is alleged, Article 58 of the
Family Code shall not apply. The court shall Should the respondent fail to give the bond as
proceed on the main case and other incidents of required, he shall be detained for a period which
the case as soon as possible. The hearing on shall in no case exceed six (6) months, if he
any application for a protection order filed by the shall have been prosecuted for acts punishable
petitioner must be conducted within the under Section 5(a) to 5(f) and not exceeding
mandatory period specified in this Act. thirty (30) days, if for acts punishable under
Section 5(g) to 5(I).
SECTION 20. Priority of Application for a
Protection Order. Ex parte and adversarial The protection orders referred to in this section
hearings to determine the basis of applications are the TPOs and the PPOs issued only by the
for a protection order under this Act shall have courts.
priority over all other proceedings. Barangay SECTION 24. Prescriptive Period. Acts falling
officials and the courts shall schedule and under Sections 5(a) to 5(f) shall prescribe in
conduct hearings on applications for a protection twenty (20) years. Acts falling under Sections
order under this Act above all other business 5(g) to 5(I) shall prescribe in ten (10) years.
and, if necessary, suspend other proceedings in
order to hear applications for a protection order. SECTION 25. Public Crime. Violence against
women and their children shall be considered a
SECTION 21.Violation of Protection Orders. A public offense which may be prosecuted upon
complaint for a violation of a BPO issued under the filing of a complaint by any citizen having
this Act must be filed directly with any municipal personal knowledge of the circumstances
trial court, metropolitan trial court, or municipal involving the commission of the crime.
circuit trial court that has territorial jurisdiction
over the barangay that issued the BPO. SECTION 26. Battered Woman Syndrome as a
Violation of a BPO shall be punishable by Defense. Victim-survivors who are found by
imprisonment of thirty (30) days without the courts to be suffering from battered woman
prejudice to any other criminal or civil action that syndrome do not incur any criminal and civil
the offended party may file for any of the acts liability notwithstanding the absence of any of
committed. the elements for justifying circumstances of self-
defense under the Revised Penal Code.
A judgement of violation of a BPO ma be
appealed according to the Rules of Court.

127
In the determination of the state of mind of the (d) assist the victim in removing
woman who was suffering from battered woman personal belongs from the house;
syndrome at the time of the commission of the (e) assist the barangay officials and
crime, the courts shall be assisted by expert o t h e r g o v e r n m e n t o f fi c e r s a n d
psychiatrists/ psychologists. employees who respond to a call for
SECTION 27. Prohibited Defense. Being help;
under the influence of alcohol, any illicit drug, or (f) ensure the enforcement of the
any other mind-altering substance shall not be a Protection Orders issued by thePunong
defense under this Act. Barangyor the courts;
SECTION 28.Custody of children. The woman (g) arrest the suspected perpetrator
victim of violence shall be entitled to the custody wiithout a warrant when any of the acts
and support of her child/children. Children below of violence defined by this Act is
seven (7) years old older but with mental or occurring, or when he/she has personal
physical disabilities shall automatically be given knowledge that any act of abuse has
to the mother, with right to support, unless the just been committed, and there is
court finds compelling reasons to order imminent danger to the life or limb of the
otherwise. victim as defined in this Act; and
A victim who is suffering from battered woman (h) immediately report the call for
syndrome shall not be disqualified from having assessment or assistance of the DSWD,
custody of her children. In no case shall custody social Welfare Department of LGUs or
of minor children be given to the perpetrator of a accredited non-government
woman who is suffering from Battered woman organizations (NGOs).
syndrome.
Any barangay official or law enforcer who fails to
SECTION 29. Duties of Prosecutors/Court report the incident shall be liable for a fine not
Personnel. Prosecutors and court personnel exceeding Ten Thousand Pesos (P10,000.00) or
should observe the following duties when whenever applicable criminal, civil or
dealing with victims under this Act: administrative liability.
a) communicate with the victim in a SECTION 31.Healthcare Provider Response to
language understood by the woman or Abuse Any healthcare provider, including, but
her child; and not limited to, an attending physician, nurse,
b) inform the victim of her/his rights clinician, barangay health worker, therapist or
including legal remedies available and counselor who suspects abuse or has been
procedure, and privileges for indigent informed by the victim of violence shall:
litigants. (a) properly document any of the victim's
SECTION 30. Duties of Barangay Officials and physical, emotional or psychological
Law Enforcers. Barangay officials and law injuries;
enforcers shall have the following duties: (b) properly record any of victim's
(a) respond immediately to a call for suspicions, observations and
help or request for assistance or circumstances of the examination or
protection of the victim by entering the visit;
necessary whether or not a protection (c) automatically provide the victim free
order has been issued and ensure the o f c h a r g e a m e d i c a l c e r t i fi c a t e
safety of the victim/s; concerning the examination or visit;
(b) confiscate any deadly weapon in the (d) safeguard the records and make
possession of the perpetrator or within them available to the victim upon
plain view; request at actual cost; and
(c) transport or escort the victim/s to a (e) provide the victim immediate and
safe place of their choice or to a clinic or adequate notice of rights and remedies
hospital;

128
 provided under this Act, and services (c) To be entitled to support services
available to them. form the DSWD and LGUs'
SECTION 32. Duties of Other Government (d) To be entitled to all legal remedies
Agencies and LGUs Other government and support as provided for under the
agencies and LGUs shall establish programs Family Code; and
such as, but not limited to, education and (e) To be informed of their rights and the
information campaign and seminars or symposia services available to them including their
on the nature, causes, incidence and right to apply for a protection order.
consequences of such violence particularly
towards educating the public on its social SECTION 36. Damages. Any victim of
impacts. violence under this Act shall be entitled to actual,
compensatory, moral and exemplary damages.
It shall be the duty of the concerned government
agencies and LGU's to ensure the sustained SECTION 37.Hold Departure Order. The court
education and training of their officers and shall expedite the process of issuance of a hold
personnel on the prevention of violence against departure order in cases prosecuted under this
women and their children under the Act. Act.
SECTION 33. Prohibited Acts. A Punong SECTION 38. Exemption from Payment of
Barangay, Barangay Kagawad or the court Docket Fee and Other Expenses. If the victim
hearing an application for a protection order is an indigent or there is an immediate necessity
shall not order, direct, force or in any way unduly due to imminent danger or threat of danger to
influence he applicant for a protection order to act on an application for a protection order, the
compromise or abandon any of the reliefs court shall accept the application without
sought in the application for protection under this payment of the filing fee and other fees and of
Act. Section 7 of the Family Courts Act of 1997 transcript of stenographic notes.
and Sections 410, 411, 412 and 413 of the Local SECTION 39.Inter-Agency Council on Violence
Government Code of 1991 shall not apply in Against Women and Their Children (IAC-
proceedings where relief is sought under this VAWC). In pursuance of the abovementioned
Act. policy, there is hereby established an Inter-
Failure to comply with this Section shall render Agency Council on Violence Against Women
the official or judge administratively liable. and their children, hereinafter known as the
Council, which shall be composed of the
SECTION 34.Persons Intervening Exempt from following agencies:
Liability. In every case of violence against
women and their children as herein defined, any (a) Department of Social Welfare and
person, private individual or police authority or Development (DSWD);
barangay official who, acting in accordance with (b) National Commission on the Role of
law, responds or intervenes without using Filipino Women (NCRFW);
violence or restraint greater than necessary to
ensure the safety of the victim, shall not be liable (c) Civil Service Commission (CSC);
for any criminal, civil or administrative liability (d) Commission on Human rights (CHR)
resulting therefrom.
(e) Council for the Welfare of Children
SECTION 35.Rights of Victims. In addition to (CWC);
their rights under existing laws, victims of
(f) Department of Justice (DOJ);
violence against women and their children shall
have the following rights: (g) Department of the Interior and Local
Government (DILG);
(a) to be treated with respect and
dignity; (h) Philippine National Police (PNP);
(b) to avail of legal assistance form the (i) Department of Health (DOH);
PAO of the Department of Justice (DOJ) (j) Department of Education (DepEd);
or any public legal assistance office;

129
 (k) Department of Labor and d. the legal duties imposed on police
Employment (DOLE); and officers to make arrest and to offer
protection and assistance; and
(l) National Bureau of Investigation
(NBI). e. techniques for handling incidents of
violence against women and their
These agencies are tasked to formulate
children that minimize the likelihood of
programs and projects to eliminate VAW based
injury to the officer and promote the
on their mandates as well as develop capability
safety of the victim or survivor.
programs for their employees to become more
sensitive to the needs of their clients. The The PNP, in coordination with LGU's shall
Council will also serve as the monitoring body as establish an education and training program for
regards to VAW initiatives. police officers and barangay officials to enable
them to properly handle cases of violence
The Council members may designate their duly
against women and their children.
authorized representative who shall have a rank
not lower than an assistant secretary or its SECTION 43.Entitled to Leave. Victims under
equivalent. These representatives shall attend this Act shall be entitled to take a paid leave of
Council meetings in their behalf, and shall absence up to ten (10) days in addition to other
receive emoluments as may be determined by paid leaves under the Labor Code and Civil
the Council in accordance with existing budget Service Rules and Regulations, extendible when
and accounting rules and regulations. the necessity arises as specified in the
protection order.
SECTION 40. Mandatory Programs and
Services for Victims. The DSWD, and LGU's Any employer who shall prejudice the right of the
shall provide the victims temporary shelters, person under this section shall be penalized in
provide counseling, psycho-social services and / accordance with the provisions of the Labor
or, recovery, rehabilitation programs and Code and Civil Service Rules and Regulations.
livelihood assistance. Likewise, an employer who shall prejudice any
person for assisting a co-employee who is a
The DOH shall provide medical assistance to
victim under this Act shall likewise be liable for
victims.
discrimination.
SECTION 41. Counseling and Treatment of
SECTION 44. Confidentiality. All records
Offenders. The DSWD shall provide
pertaining to cases of violence against women
rehabilitative counseling and treatment to
and their children including those in the
perpetrators towards learning constructive ways
barangay shall be confidential and all public
of coping with anger and emotional outbursts
officers and employees and public or private
and reforming their ways. When necessary, the
clinics to hospitals shall respect the right to
offender shall be ordered by the Court to submit
privacy of the victim. Whoever publishes or
to psychiatric treatment or confinement.
causes to be published, in any format, the name,
SECTION 42. Training of Persons Involved in address, telephone number, school, business
Responding to Violence Against Women and address, employer, or other identifying
their Children Cases. All agencies involved in information of a victim or an immediate family
responding to violence against women and their member, without the latter's consent, shall be
children cases shall be required to undergo liable to the contempt power of the court.
education and training to acquaint them with:
Any person who violates this provision shall
a. the nature, extend and causes of suffer the penalty of one (1) year imprisonment
violence against women and their and a fine of not more than Five Hundred
children; Thousand pesos (P500,000.00).
b. the legal rights of, and remedies SECTION 45.Funding The amount necessary
available to, victims of violence against to implement the provisions of this Act shall be
women and their children; included in the annual General Appropriations
c. the services and facilities available to Act (GAA).
victims or survivors;

130
The Gender and Development (GAD) Budget of
the mandated agencies and LGU's shall be used
to implement services for victim of violence
against women and their children.
SECTION 46. Implementing Rules and
Regulations. Within six (6) months from the
approval of this Act, the DOJ, the NCRFW, the
DSWD, the DILG, the DOH, and the PNP, and
three (3) representatives from NGOs to be
identified by the NCRFW, shall promulgate the
Implementing Rules and Regulations (IRR) of
this Act.
SECTION 47. Suppletory Application For
purposes of this Act, the Revised Penal Code
and other applicable laws, shall have suppletory
application.
SECTION 48. Separability Clause. If any
section or provision of this Act is held
unconstitutional or invalid, the other sections or
provisions shall not be affected.
SECTION 49. Repealing Clause All laws,
Presidential decrees, executive orders and rules
and regulations, or parts thereof, inconsistent Republic of the Philippines
with the provisions of this Act are hereby CONGRESS OF THE PHILIPPINES
repealed or modified accordingly. Metro Manila
SECTION 50. Effectivity This Act shall take Fourteenth Congress
effect fifteen (15) days from the date of its Third Regular Session
complete publication in at least two (2)
newspapers of general circulation.
Begun and held in Metro Manila, on Monday, the
twenty-seventh day of July, two thousand nine.

Republic Act No. 9995

AN ACT DEFINING AND PENALIZING THE
CRIME OF PHOTO AND VIDEO VOYEURISM,
PRESCRIBING PENALTIES THEREFOR, AND
FOR OTHER PURPOSES
Be it enacted by the Senate and House of
Representative of the Philippines in Congress
assembled:
Section 1.Short Title.- This Act shall be known
as the "Anti-Photo and Video Voyeurism Act
of 2009".
Section 2. Declaration of Policy. - The State
values the dignity and privacy of every human
person and guarantees full respect for human
rights. Toward this end, the State shall penalize
acts that would destroy the honor, dignity and
integrity of a person.

131
Section 3.Definition of Terms.- For purposes of (a) To take photo or video coverage of a
this Act, the term: person or group of persons performing
sexual act or any similar activity or to
(a) "Broadcast" means to make public,
capture an image of the private area of
by any means, a visual image with the
a person/s such as the naked or
intent that it be viewed by a person or
undergarment clad genitals, public area,
persons.
buttocks or female breast without the
(b) "Capture" with respect to an image, consent of the person/s involved and
means to videotape, photograph, film, under circumstances in which the
record by any means, or broadcast. person/s has/have a reasonable
(c) "Female breast" means any portion expectation of privacy;
of the female breast. (b) To copy or reproduce, or to cause to
(d) "Photo or video voyeurism" means be copied or reproduced, such photo or
the act of taking photo or video video or recording of sexual act or any
coverage of a person or group of similar activity with or without
persons performing sexual act or any consideration;
similar activity or of capturing an image (c) To sell or distribute, or cause to be
of the private area of a person or sold or distributed, such photo or video
persons without the latter's consent, or recording of sexual act, whether it be
under circumstances in which such the original copy or reproduction thereof;
person/s has/have a reasonable or
expectation of privacy, or the act of
(d) To publish or broadcast, or cause to
selling, copying, reproducing,
be published or broadcast, whether in
broadcasting, sharing, showing or
print or broadcast media, or show or
exhibiting the photo or video coverage
exhibit the photo or video coverage or
or recordings of such sexual act or
recordings of such sexual act or any
similar activity through VCD/DVD,
similar activity through VCD/DVD,
internet, cellular phones and similar
internet, cellular phones and other
means or device without the written
similar means or device.
consent of the person/s involved,
notwithstanding that consent to record The prohibition under paragraphs (b), (c) and (d)
or take photo or video coverage of same shall apply notwithstanding that consent to
was given by such person's. record or take photo or video coverage of the
same was given by such person/s. Any person
(e) "Private area of a person" means the
who violates this provision shall be liable for
naked or undergarment clad genitals,
photo or video voyeurism as defined herein.
public area, buttocks or female breast of
an individual. Section 5. Penalties. - The penalty of
imprisonment of not less that three (3) years but
(f) "Under circumstances in which a
not more than seven (7) years and a fine of not
person has a reasonable expectation of
less than One hundred thousand pesos
privacy" means believe that he/she
(P100,000.00) but not more than Five hundred
could disrobe in privacy, without being
thousand pesos (P500,000.00), or both, at the
concerned that an image or a private
discretion of the court shall be imposed upon
area of the person was being captured;
any person found guilty of violating Section 4 of
or circumstances in which a reasonable
this Act.
person would believe that a private area
of the person would not be visible to the If the violator is a juridical person, its license or
public, regardless of whether that franchise shall be automatically be deemed
person is in a public or private place. revoked and the persons liable shall be the
officers thereof including the editor and reporter
Section 4. Prohibited Acts. - It is hereby
in the case of print media, and the station
prohibited and declared unlawful for any person:
manager, editor and broadcaster in the case of a
broadcast media.

132
If the offender is a public officer or employee, or
a professional, he/she shall be administratively
liable. Republic of the Philippines
CONGRESS OF THE PHILIPPINES
If the offender is an alien, he/she shall be Metro Manila
subject to deportation proceedings after serving
his/her sentence and payment of fines. Fifteenth Congress
Second Regular Session
Section 6. Exemption. - Nothing contained in
this Act, however, shall render it unlawful or Begun and held in Metro Manila, on Monday, the
punishable for any peace officer, who is twenty-fifth day of July, two thousand eleven.
authorized by a written order of the court, to use
the record or any copy thereof as evidence in
REPUBLIC ACT NO. 10158
any civil, criminal investigation or trial of the March 27, 2012
crime of photo or video voyeurism: Provided, AN ACT DECRIMINALIZING VAGRANCY,
That such written order shall only be issued or AMENDING FOR THIS PURPOSE ARTICLE
granted upon written application and the 202 OF ACT NO. 3815, AS AMENDED,
examination under oath or affirmation of the OTHERWISE KNOWN AS THE REVISED
applicant and the witnesses he/she may PENAL CODE
produce, and upon showing that there are
reasonable grounds to believe that photo or Be it enacted by the Senate and House of
video voyeurism has been committed or is about Representatives of the Philippines in Congress
to be committed, and that the evidence to be assembled:
obtained is essential to the conviction of any Section 1. Article 202 of the Revised Penal
person for, or to the solution or prevention of Code is hereby, amended to read as follows:
such, crime.
"Article 202. Prostitutes; Penalty. For the
Section 7. Inadmissibility of Evidence. - Any purposes of this article, women who, for money
record, photo or video, or copy thereof, obtained or profit, habitually indulge in sexual intercourse
or secured by any person in violation of the or lascivious conduct, are deemed to be
preceding sections shall not be admissible in prostitutes.
evidence in any judicial, quasi-judicial, legislative
or administrative hearing or investigation. "Any person found guilty of any of the offenses
1avvphi1 covered by this article shall be punished by
arresto menor or a fine not exceeding 200
Section 8.Separability Clause.- If any provision pesos, and in case of recidivism, by arresto
or part hereof is held invalid or unconstitutional, mayor in its medium period to prision
the remaining provisions not affected thereby correctional in its minimum period or a fine
shall remain valid and subsisting. ranging from 200 to 2,000 pesos, or both, in the
Section 9. Repealing Clause. - Any law, discretion of the court."
presidential decree or issuance, executive order, Section 2. Effect on Pending Cases. All
letter of instruction , administrative order, rule or pending cases under the provisions of Article
regulation contrary to or inconsistent with the 202 of the Revised Penal Code on Vagrancy
provisions of this Act is hereby repealed, prior to its amendment by this Act shall be
modified or amended accordingly. dismissed upon effectivity of this Act.
Section 10. Effectivity Clause. - This Act shall Section 3. Immediate Release of Convicted
take effect fifteen (15) days after its complete Persons. All persons serving sentence for
publication in the Official Gazette or in two(2) violation of the provisions of Article 202 of the
newspapers of general circulation. Revised Penal Code on Vagrancy prior to its
amendment by this Act shall be immediately
released upon effectivity of this Act: Provided,
That they are not serving sentence or detained
for any other offense or felony.

133
Section 4. Repealing Clause. All laws, WHEREAS, there is now a need to increase
presidential decrees, executive orders, rules and their penalties to make them more effective in
regulations and other issuances, or any part combating this social menace which dissipate
thereof, inconsistent with this Act are hereby the energy and resources of our people;
repealed, modified or amended accordingly. NOW, THEREFORE, I, FERDINAND E.
Section 5. Effectivity Clause. This Act shall MARCOS, President of the Republic of the
take effect fifteen (15) days after its publication Philippines, by virtue of the powers vested in me
in the Official Gazette or in at least two (2) by the Constitution, do hereby order and decree:
newspapers of general circulation. Section 1.Penalties.The following penalties are
hereby imposed:
(a) The penalty of prison correccional in
its medium period of a fine ranging from
one thousand to six thousand pesos,
and in case of recidivism, the penalty of
prision mayor in its medium period or a
fine ranging from five thousand to ten
thousand pesos shall be imposed upon:
1. Any person other than those
referred to in the succeeding
sub-sections who in any
m a n n e r, s h a l l d i r e c t l y o r
indirectly take part in any illegal
or unauthorized activities or
games of cockfighting, jueteng,
jai alai or horse racing to include
bookie operations and game
fixing, numbers, bingo and other
forms of lotteries; cara y cruz,
pompiang and the like; 7-11 and
any game using dice; black jack,
lucky nine, poker and its
derivatives, monte, baccarat,
MALACAANG cuajao, pangguingue and other
Manila card games; paik que, high and
low, mahjong, domino and other
PRESIDENTIAL DECREE No. games using plastic tiles and
the likes; slot machines,
1602 roulette, pinball and other
PRESCRIBING STIFFER PENALTIES ON mechanical contraptions and
ILLEGAL GAMBLING devices; dog racing, boat racing,
WHEREAS, Philippine Gambling Laws such as car racing and other forms of
Articles 195-199 of the Revised Penal Code races, basketball, boxing,
(Forms of Gambling and Betting), R.A. 3063 volleyball, bowling, pingpong
(Horse racing Bookies), P.D. 449 (Cockfighting), and other forms of individual or
P.D. 483 (Game Fixing), P.D. 510 (Slot team contests to include game
Machines) in relation to Opinion Nos. 33 and 97 fixing, point shaving and other
of the Ministry of Justice, P.D. 1306 (Jai-Alai machinations; banking or
Bookies) and other City and Municipal percentage game, or any other
Ordinances or gambling all over the country game scheme, whether upon
prescribe penalties which are inadequate to chance or skill, wherein wagers
discourage or stamp out this pernicious consisting of money, articles of
activities;

134
 value or representative of value (e) The penalty of temporary absolute
are at stake or made; disqualifications shall be imposed upon
a n y b a r a n g a y o f fi c i a l w h o , w i t h
2. Any person who shall
knowledge of the existence of a
knowingly permit any form of
gambling house or place in his
gambling referred to in the
jurisdiction fails to abate the same or
preceding subparagraph to be
take action in connection therewith.
carried on in inhabited or
uninhabited place or in any (f) The penalty of prision correccional in
building, vessel or other means its maximum period or a fine ranging
of transportation owned or from five hundred pesos to two
controlled by him. If the place thousand pesos shall be imposed upon
where gambling is carried on any security officer, security guard,
has a reputation of a gambling watchman, private or house detective of
place or that prohibited hotels, villages, buildings, enclosures
gambling is frequently carried and the like which have the reputation of
on therein, or the place is a a gambling place or where gambling
public or government building or activities are being held.
barangay hall, the malfactor Section 2. Informer's reward. Any person who
shall be punished by prision shall disclose information that will lead to the
correccional in its maximum arrest and final conviction of the malfactor shall
p e r i o d a n d a fi n e o f s i x be rewarded twenty percent of the cash money
thousand pesos. or articles of value confiscated or forfeited in
(b) The penalty of prision correccional in favor of the government.
its maximum period or a fine of six Section 3. Repealing Clause. Provisions of Art.
thousand pesos shall be imposed upon 195-199 of the Revised Penal Code, as
the maintainer or conductor of the above amended, Republic Act No. 3063, Presidential
gambling schemes. Decrees Numbered 483, 449, 510 and 1306,
(c) The penalty of prision mayor in its letters of instructions, laws, executive orders,
medium period with temporary absolute rules and regulations, city and municipal
disqualification or a fine of six thousand ordinances which are inconsistent with this
pesos shall be imposed if the Decree are hereby repealed.
maintainer, conductor or banker of said Section 4. Effectivity. This Decree shall take
gambling schemes is a government effect immediately upon publication at least once
official, or where such government in a newspaper of general circulation.
official is the player, promoter, referee,
umpire, judge or coach in case of game Done in the City of Manila, this 11th day of June,
fixing, point shaving and machination. in the year of Our Lord, nineteen hundred and
seventy-eight.
(d) The penalty of prision correccional in
its medium period or a fine ranging from
four hundred to two thousand pesos
shall be imposed upon any person who
shall, knowingly and without lawful
purpose in any hour of any day, possess
any lottery list, paper or other matter
containing letters, figures, signs or
symbols pertaining to or in any manner
used in the games of jueteng, jai-alai or
horse racing bookies, and similar games
of lotteries and numbers which have
taken place or about to take place.

135
 It is further declared the policy of the State to
provide effective mechanisms or measures to
re-integrate into society individuals who have
fallen victims to drug abuse or dangerous drug
dependence through sustainable programs of
treatment and rehabilitation.
ARTICLE I
Definition of terms
Congress of the Philippines
Twelfth Congress Section 3. Definitions. As used in this Act, the
First Regular Session following terms shall mean:
(a) Administer. Any act of introducing any
REPUBLIC ACT NO. 9165 dangerous drug into the body of any person,
June 7, 2002 with or without his/her knowledge, by injection,
inhalation, ingestion or other means, or of
AN ACT INSTITUTING THE
committing any act of indispensable assistance
COMPREHENSIVE DANGEROUS DRUGS
to a person in administering a dangerous drug to
ACT OF 2002, REPEALING REPUBLIC ACT
himself/herself unless administered by a duly
NO. 6425, OTHERWISE KNOWN AS THE
licensed practitioner for purposes of medication.
DANGEROUS DRUGS ACT OF 1972, AS
AMENDED, PROVIDING FUNDS THEREFOR, (b) Board. - Refers to the Dangerous Drugs
AND FOR OTHER PURPOSES Board under Section 77, Article IX of this Act.
Be it enacted by the Senate and House of (c) Centers. - Any of the treatment and
Representatives of the Philippines in Congress rehabilitation centers for drug dependents
referred to in Section 34, Article VIII of this Act.
Section 1.Short Title. This Act shall be known
and cited as the "Comprehensive Dangerous (d) Chemical Diversion. The sale, distribution,
Drugs Act of 2002". supply or transport of legitimately imported, in-
transit, manufactured or procured controlled
Section 2.Declaration of Policy. It is the policy
precursors and essential chemicals, in diluted,
of the State to safeguard the integrity of its
mixtures or in concentrated form, to any person
territory and the well-being of its citizenry
or entity engaged in the manufacture of any
particularly the youth, from the harmful effects of
dangerous drug, and shall include packaging,
dangerous drugs on their physical and mental
repackaging, labeling, relabeling or concealment
well-being, and to defend the same against acts
of such transaction through fraud, destruction of
or omissions detrimental to their development
documents, fraudulent use of permits,
and preservation. In view of the foregoing, the
misdeclaration, use of front companies or mail
State needs to enhance further the efficacy of
fraud.
the law against dangerous drugs, it being one of
today's more serious social ills. (e) Clandestine Laboratory. Any facility used
for the illegal manufacture of any dangerous
Toward this end, the government shall pursue an
drug and/or controlled precursor and essential
intensive and unrelenting campaign against the
chemical.
trafficking and use of dangerous drugs and other
similar substances through an integrated system (f) Confirmatory Test. An analytical test using a
of planning, implementation and enforcement of device, tool or equipment with a different
anti-drug abuse policies, programs, and chemical or physical principle that is more
projects. The government shall however aim to specific which will validate and confirm the result
achieve a balance in the national drug control of the screening test.
program so that people with legitimate medical (g) Controlled Delivery. The investigative
needs are not prevented from being treated with technique of allowing an unlawful or suspect
adequate amounts of appropriate medications, consignment of any dangerous drug and/or
which include the use of dangerous drugs. controlled precursor and essential chemical,
equipment or paraphernalia, or property

136
believed to be derived directly or indirectly from together with the intention of committing any
any offense, to pass into, through or out of the offense prescribed under this Act.
country under the supervision of an authorized (p) Employee of Den, Dive or Resort. The
officer, with a view to gathering evidence to caretaker, helper, watchman, lookout, and other
identify any person involved in any dangerous persons working in the den, dive or resort,
drugs related offense, or to facilitate prosecution employed by the maintainer, owner and/or
of that offense. operator where any dangerous drug and/or
(h) Controlled Precursors and Essential controlled precursor and essential chemical is
Chemicals. Include those listed in Tables I and administered, delivered, distributed, sold or
II of the 1988 UN Convention Against Illicit used, with or without compensation, in
Traffic in Narcotic Drugs and Psychotropic connection with the operation thereof.
Substances as enumerated in the attached (q) Financier. Any person who pays for, raises
annex, which is an integral part of this Act. or supplies money for, or underwrites any of the
(i) Cultivate or Culture. Any act of knowingly illegal activities prescribed under this Act.
planting, growing, raising, or permitting the (r) Illegal Trafficking. The illegal cultivation,
planting, growing or raising of any plant which is culture, delivery, administration, dispensation,
the source of a dangerous drug. manufacture, sale, trading, transportation,
(j) Dangerous Drugs. Include those listed in distribution, importation, exportation and
the Schedules annexed to the 1961 Single possession of any dangerous drug and/or
Convention on Narcotic Drugs, as amended by controlled precursor and essential chemical.
the 1972 Protocol, and in the Schedules (s) Instrument. Any thing that is used in or
annexed to the 1971 Single Convention on intended to be used in any manner in the
Psychotropic Substances as enumerated in the commission of illegal drug trafficking or related
attached annex which is an integral part of this offenses.
Act.
(t) Laboratory Equipment. The paraphernalia,
(k) Deliver. Any act of knowingly passing a apparatus, materials or appliances when used,
dangerous drug to another, personally or intended for use or designed for use in the
otherwise, and by any means, with or without manufacture of any dangerous drug and/or
consideration. controlled precursor and essential chemical,
(l) Den, Dive or Resort. A place where any such as reaction vessel, preparative/purifying
dangerous drug and/or controlled precursor and equipment, fermentors, separatory funnel, flask,
essential chemical is administered, delivered, heating mantle, gas generator, or their
stored for illegal purposes, distributed, sold or substitute.
used in any form. (u) Manufacture. The production, preparation,
(m) Dispense. Any act of giving away, selling compounding or processing of any dangerous
or distributing medicine or any dangerous drug drug and/or controlled precursor and essential
with or without the use of prescription. chemical, either directly or indirectly or by
extraction from substances of natural origin, or
(n) Drug Dependence. As based on the World
independently by means of chemical synthesis
Health Organization definition, it is a cluster of
or by a combination of extraction and chemical
physiological, behavioral and cognitive
synthesis, and shall include any packaging or
phenomena of variable intensity, in which the
repackaging of such substances, design or
use of psychoactive drug takes on a high priority
configuration of its form, or labeling or relabeling
thereby involving, among others, a strong desire
of its container; except that such terms do not
or a sense of compulsion to take the substance
include the preparation, compounding,
and the difficulties in controlling substance-
packaging or labeling of a drug or other
taking behavior in terms of its onset, termination,
substances by a duly authorized practitioner as
or levels of use.
an incident to his/her administration or
(o) Drug Syndicate. Any organized group of dispensation of such drug or substance in the
two (2) or more persons forming or joining course of his/her professional practice including
research, teaching and chemical analysis of

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dangerous drugs or such substances that are unincorporated organization or group capable of
not intended for sale or for any other purpose. acquiring rights or entering into obligations.
(v) Cannabis or commonly known as "Marijuana" (cc) Planting of Evidence. The willful act by
or "Indian Hemp" or by its any other name. any person of maliciously and surreptitiously
Embraces every kind, class, genus, or specie of inserting, placing, adding or attaching directly or
the plant Cannabis sativa L. including, but not indirectly, through any overt or covert act,
limited to,Cannabis americana,hashish, bhang, whatever quantity of any dangerous drug and/or
guaza, churrusandganjab, and embraces every controlled precursor and essential chemical in
kind, class and character of marijuana, whether the person, house, effects or in the immediate
dried or fresh and flowering, flowering or fruiting vicinity of an innocent individual for the purpose
tops, or any part or portion of the plant and of implicating, incriminating or imputing the
seeds thereof, and all its geographic varieties, commission of any violation of this Act.
whether as a reefer, resin, extract, tincture or in (dd) Practitioner. Any person who is a licensed
any form whatsoever. physician, dentist, chemist, medical technologist,
(w) Methylenedioxymethamphetamine (MDMA) nurse, midwife, veterinarian or pharmacist in the
or commonly known as "Ecstasy", or by its any Philippines.
other name. Refers to the drug having such (ee) Protector/Coddler. Any person who
chemical composition, including any of its knowingly and willfully consents to the unlawful
isomers or derivatives in any form. acts provided for in this Act and uses his/her
(x) Methamphetamine Hydrochloride or influence, power or position in shielding,
commonly known as "Shabu", "Ice", "Meth", or harboring, screening or facilitating the escape of
by its any other name. Refers to the drug any person he/she knows, or has reasonable
having such chemical composition, including any grounds to believe on or suspects, has violated
of its isomers or derivatives in any form. the provisions of this Act in order to prevent the
arrest, prosecution and conviction of the violator.
(y) Opium. Refers to the coagulated juice of
the opium poppy (Papaver somniferum L.) and (ff) Pusher. Any person who sells, trades,
embraces every kind, class and character of administers, dispenses, delivers or gives away
opium, whether crude or prepared; the ashes or to another, on any terms whatsoever, or
refuse of the same; narcotic preparations thereof distributes, dispatches in transit or transports
or therefrom; morphine or any alkaloid of opium; dangerous drugs or who acts as a broker in any
preparations in which opium, morphine or any of such transactions, in violation of this Act.
alkaloid of opium enters as an ingredient; opium (gg) School. Any educational institution,
poppy; opium poppy straw; and leaves or private or public, undertaking educational
wrappings of opium leaves, whether prepared operation for pupils/students pursuing certain
for use or not. studies at defined levels, receiving instructions
(z) Opium Poppy. Refers to any part of the from teachers, usually located in a building or a
plant of the species Papaver somniferum L., group of buildings in a particular physical or
Papaver setigerum DC, Papaver orientale, cyber site.
Papaver bracteatumandPapaver rhoeas, which (hh) Screening Test. A rapid test performed to
includes the seeds, straws, branches, leaves or establish potential/presumptive positive result.
any part thereof, or substances derived
therefrom, even for floral, decorative and (ii) Sell. Any act of giving away any dangerous
culinary purposes. drug and/or controlled precursor and essential
chemical whether for money or any other
(aa) PDEA. Refers to the Philippine Drug consideration.
Enforcement Agency under Section 82, Article IX
of this Act. (jj) Trading. Transactions involving the illegal
trafficking of dangerous drugs and/or controlled
(bb) Person. Any entity, natural or juridical, precursors and essential chemicals using
including among others, a corporation, electronic devices such as, but not limited to,
partnership, trust or estate, joint stock company, text messages, email, mobile or landlines, two-
association, syndicate, joint venture or other way radios, internet, instant messengers and

138
chat rooms or acting as a broker in any of such ranging from One hundred thousand pesos
transactions whether for money or any other (P100,000.00) to Five hundred thousand pesos
consideration in violation of this Act. (P500,000.00) shall be imposed upon any
person, who acts as a "protector/coddler" of any
(kk) Use. Any act of injecting, intravenously or
violator of the provisions under this Section.
intramuscularly, of consuming, either by
chewing, smoking, sniffing, eating, swallowing, Section 5. Sale, Trading, Administration,
drinking or otherwise introducing into the Dispensation, Delivery, Distribution and
physiological system of the body, and of the Transportation of Dangerous Drugs and/or
dangerous drugs. Controlled Precursors and Essential
Chemicals.- The penalty of life imprisonment to
ARTICLE II
death and a fine ranging from Five hundred
Unlawful Acts and Penalties thousand pesos (P500,000.00) to Ten million
Section 4.Importation of Dangerous Drugs and/ pesos (P10,000,000.00) shall be imposed upon
or Controlled Precursors and Essential any person, who, unless authorized by law, shall
Chemicals.-.The penalty of life imprisonment to sell, trade, administer, dispense, deliver, give
death and a ranging from Five hundred away to another, distribute dispatch in transit or
thousand pesos (P500,000.00) to Ten million transport any dangerous drug, including any and
pesos (P10,000,000.00) shall be imposed upon all species of opium poppy regardless of the
any person, who, unless authorized by law, shall quantity and purity involved, or shall act as a
import or bring into the Philippines any broker in any of such transactions.
dangerous drug, regardless of the quantity and The penalty of imprisonment ranging from
purity involved, including any and all species of twelve (12) years and one (1) day to twenty (20)
opium poppy or any part thereof or substances years and a fine ranging from One hundred
derived therefrom even for floral, decorative and thousand pesos (P100,000.00) to Five hundred
culinary purposes. thousand pesos (P500,000.00) shall be imposed
The penalty of imprisonment ranging from upon any person, who, unless authorized by law,
twelve (12) years and one (1) day to twenty (20) shall sell, trade, administer, dispense, deliver,
years and a fine ranging from One hundred give away to another, distribute, dispatch in
thousand pesos (P100,000.00) to Five hundred transit or transport any controlled precursor and
thousand pesos (P500,000.00) shall be imposed essential chemical, or shall act as a broker in
upon any person, who, unless authorized by law, such transactions.
shall import any controlled precursor and If the sale, trading, administration, dispensation,
essential chemical. delivery, distribution or transportation of any
The maximum penalty provided for under this dangerous drug and/or controlled precursor and
Section shall be imposed upon any person, who, essential chemical transpires within one hundred
unless authorized under this Act, shall import or (100) meters from the school, the maximum
bring into the Philippines any dangerous drug penalty shall be imposed in every case.
and/or controlled precursor and essential For drug pushers who use minors or mentally
chemical through the use of a diplomatic incapacitated individuals as runners, couriers
passport, diplomatic facilities or any other and messengers, or in any other capacity
means involving his/her official status intended directly connected to the dangerous drugs and/
to facilitate the unlawful entry of the same. In or controlled precursors and essential chemical
addition, the diplomatic passport shall be trade, the maximum penalty shall be imposed in
confiscated and canceled. every case.
The maximum penalty provided for under this If the victim of the offense is a minor or a
Section shall be imposed upon any person, who mentally incapacitated individual, or should a
organizes, manages or acts as a "financier" of dangerous drug and/or a controlled precursor
any of the illegal activities prescribed in this and essential chemical involved in any offense
Section. herein provided be the proximate cause of death
The penalty of twelve (12) years and one (1) day of a victim thereof, the maximum penalty
to twenty (20) years of imprisonment and a fine

139
provided for under this Section shall be purpose: Provided, finally, That the owner shall
imposed. be included as an accused in the criminal
complaint.
The maximum penalty provided for under this
Section shall be imposed upon any person who The maximum penalty provided for under this
organizes, manages or acts as a "financier" of Section shall be imposed upon any person who
any of the illegal activities prescribed in this organizes, manages or acts as a "financier" of
Section. 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 The penalty twelve (12) years and one (1) day to
ranging from One hundred thousand pesos twenty (20) years of imprisonment and a fine
(P100,000.00) to Five hundred thousand pesos ranging from One hundred thousand pesos
(P500,000.00) shall be imposed upon any (P100,000.00) to Five hundred thousand pesos
person, who acts as a "protector/coddler" of any (P500,000.00) shall be imposed upon any
violator of the provisions under this Section. person, who acts as a "protector/coddler" of any
violator of the provisions under this Section.
Section 6. Maintenance of a Den, Dive or
Resort. - The penalty of life imprisonment to Section 7. Employees and Visitors of a Den,
death and a fine ranging from Five hundred Dive or Resort. - The penalty of imprisonment
thousand pesos (P500,000.00) to Ten million ranging from twelve (12) years and one (1) day
pesos (P10,000,000.00) shall be imposed upon to twenty (20) years and a fine ranging from One
any person or group of persons who shall hundred thousand pesos (P100,000.00) to Five
maintain a den, dive or resort where any hundred thousand pesos (P500,000.00) shall be
dangerous drug is used or sold in any form. imposed upon:
The penalty of imprisonment ranging from (a) Any employee of a den, dive or
twelve (12) years and one (1) day to twenty (20) resort, who is aware of the nature of the
years and a fine ranging from One hundred place as such; and
thousand pesos (P100,000.00) to Five hundred (b) Any person who, not being included
thousand pesos (P500,000.00) shall be imposed in the provisions of the next preceding,
upon any person or group of persons who shall paragraph, is aware of the nature of the
maintain a den, dive, or resort where any place as such and shall knowingly visit
controlled precursor and essential chemical is the same
used or sold in any form.
Section 8. Manufacture of Dangerous Drugs
The maximum penalty provided for under this and/or Controlled Precursors and Essential
Section shall be imposed in every case where Chemicals. - The penalty of life imprisonment to
any dangerous drug is administered, delivered death and a fine ranging Five hundred thousand
or sold to a minor who is allowed to use the pesos (P500,000.00) to Ten million pesos
same in such a place. (P10,000,000.00) shall be imposed upon any
Should any dangerous drug be the proximate person, who, unless authorized by law, shall
cause of the death of a person using the same engage in the manufacture of any dangerous
in such den, dive or resort, the penalty of death drug.
a n d a fi n e r a n g i n g f r o m O n e m i l l i o n The penalty of imprisonment ranging from
(P1,000,000.00) to Fifteen million pesos twelve (12) years and one (1) day to twenty (20)
(P500,000.00) shall be imposed on the years and a fine ranging from One hundred
maintainer, owner and/or operator. thousand pesos (P100,000.00) to Five hundred
If such den, dive or resort is owned by a third thousand pesos (P500,000.00) shall be imposed
person, the same shall be confiscated and upon any person, who, unless authorized by law,
escheated in favor of the government:Provided, shall manufacture any controlled precursor and
That the criminal complaint shall specifically essential chemical.
allege that such place is intentionally used in the The presence of any controlled precursor and
furtherance of the crime:Provided, further, That essential chemical or laboratory equipment in
the prosecution shall prove such intent on the the clandestine laboratory is aprima facieproof
part of the owner to use the property for such

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of manufacture of any dangerous drug. It shall thousand pesos (P500,000.00) shall be imposed
be considered an aggravating circumstance if upon any person who shall deliver, possess with
the clandestine laboratory is undertaken or intent to deliver, or manufacture with intent to
established under the following circumstances: deliver equipment, instrument, apparatus and
other paraphernalia for dangerous drugs,
(a) Any phase of the manufacturing
knowing, or under circumstances where one
process was conducted in the presence
reasonably should know, that it will be used to
or with the help of minor/s:
plant, propagate, cultivate, grow, harvest,
(b) Any phase or manufacturing process manufacture, compound, convert, produce,
was established or undertaken within process, prepare, test, analyze, pack, repack,
one hundred (100) meters of a store, contain or conceal any dangerous drug
residential, business, church or school and/or controlled precursor and essential
premises; chemical in violation of this Act.
(c) Any clandestine laboratory was The penalty of imprisonment ranging from six (6)
secured or protected with booby traps; months and one (1) day to four (4) years and a
(d) Any clandestine laboratory was fine ranging from Ten thousand pesos
concealed with legitimate business (P10,000.00) to Fifty thousand pesos
operations; or (P50,000.00) shall be imposed if it will be used
to inject, ingest, inhale or otherwise introduce
(e) Any employment of a practitioner, into the human body a dangerous drug in
chemical engineer, public official or violation of this Act.
foreigner.
The maximum penalty provided for under this
The maximum penalty provided for under this Section shall be imposed upon any person, who
Section shall be imposed upon any person, who uses a minor or a mentally incapacitated
organizes, manages or acts as a "financier" of individual to deliver such equipment, instrument,
any of the illegal activities prescribed in this apparatus and other paraphernalia for
Section. dangerous drugs.
The penalty of twelve (12) years and one (1) day Section 11. Possession of Dangerous Drugs. -
to twenty (20) years of imprisonment and a fine The penalty of life imprisonment to death and a
ranging from One hundred thousand pesos fine ranging from Five hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos ( P 5 0 0 , 0 0 0 . 0 0 ) t o Te n m i l l i o n p e s o s
(P500,000.00) shall be imposed upon any (P10,000,000.00) shall be imposed upon any
person, who acts as a "protector/coddler" of any person, who, unless authorized by law, shall
violator of the provisions under this Section. possess any dangerous drug in the following
Section 9. Illegal Chemical Diversion of quantities, regardless of the degree of purity
Controlled Precursors and Essential Chemicals. thereof:
- The penalty of imprisonment ranging from (1) 10 grams or more of opium;
twelve (12) years and one (1) day to twenty (20)
years and a fine ranging from One hundred (2) 10 grams or more of morphine;
thousand pesos (P100,000.00) to Five hundred (3) 10 grams or more of heroin;
thousand pesos (P500,000.00) shall be imposed
(4) 10 grams or more of cocaine or
upon any person, who, unless authorized by law,
cocaine hydrochloride;
shall illegally divert any controlled precursor and
essential chemical. (5) 50 grams or more of
methamphetamine hydrochloride or
Section 10. Manufacture or Delivery of
"shabu";
Equipment, Instrument, Apparatus, and Other
Paraphernalia for Dangerous Drugs and/or (6) 10 grams or more of marijuana resin
Controlled Precursors and Essential Chemicals. or marijuana resin oil;
- The penalty of imprisonment ranging from (7) 500 grams or more of marijuana; and
twelve (12) years and one (1) day to twenty (20)
years and a fine ranging from One hundred (8) 10 grams or more of other
thousand pesos (P100,000.00) to Five hundred dangerous drugs such as, but not

141
 limited to, if the quantities of dangerous drugs are
methylenedioxymethamphetamine less than five (5) grams of opium,
(MDA) or "ecstasy", morphine, heroin, cocaine or cocaine
paramethoxyamphetamine (PMA), hydrochloride, marijuana resin or
trimethoxyamphetamine (TMA), lysergic marijuana resin oil, methamphetamine
acid diethylamine (LSD), gamma hydrochloride or "shabu", or other
hydroxyamphetamine (GHB), and those dangerous drugs such as, but not
similarly designed or newly introduced limited to, MDMA or "ecstasy", PMA,
drugs and their derivatives, without TMA, LSD, GHB, and those similarly
having any therapeutic value or if the designed or newly introduced drugs and
quantity possessed is far beyond their derivatives, without having any
therapeutic requirements, as determined therapeutic value or if the quantity
and promulgated by the Board in possessed is far beyond therapeutic
accordance to Section 93, Article XI of requirements; or less than three
this Act. hundred (300) grams of marijuana.
Otherwise, if the quantity involved is less than Section 12. Possession of Equipment,
the foregoing quantities, the penalties shall be Instrument, Apparatus and Other Paraphernalia
graduated as follows: for Dangerous Drugs. - The penalty of
imprisonment ranging from six (6) months and
(1) Life imprisonment and a fine ranging
one (1) day to four (4) years and a fine ranging
from Four hundred thousand pesos
from Ten thousand pesos (P10,000.00) to Fifty
(P400,000.00) to Five hundred thousand
thousand pesos (P50,000.00) shall be imposed
pesos (P500,000.00), if the quantity of
upon any person, who, unless authorized by law,
methamphetamine hydrochloride or
shall possess or have under his/her control any
"shabu" is ten (10) grams or more but
equipment, instrument, apparatus and other
less than fifty (50) grams;
paraphernalia fit or intended for smoking,
(2) Imprisonment of twenty (20) years consuming, administering, injecting, ingesting, or
and one (1) day to life imprisonment and introducing any dangerous drug into the
a fine ranging from Four hundred body: Provided, That in the case of medical
thousand pesos (P400,000.00) to Five practitioners and various professionals who are
hundred thousand pesos (P500,000.00), required to carry such equipment, instrument,
if the quantities of dangerous drugs are apparatus and other paraphernalia in the
five (5) grams or more but less than ten practice of their profession, the Board shall
(10) grams of opium, morphine, heroin, prescribe the necessary implementing
cocaine or cocaine hydrochloride, guidelines thereof.
marijuana resin or marijuana resin oil,
The possession of such equipment, instrument,
methamphetamine hydrochloride or
apparatus and other paraphernalia fit or
"shabu", or other dangerous drugs such
intended for any of the purposes enumerated in
as, but not limited to, MDMA or
the preceding paragraph shall be prima
"ecstasy", PMA, TMA, LSD, GHB, and
facie evidence that the possessor has smoked,
those similarly designed or newly
consumed, administered to himself/herself,
introduced drugs and their derivatives,
injected, ingested or used a dangerous drug and
without having any therapeutic value or
shall be presumed to have violated Section 15 of
if the quantity possessed is far beyond
this Act.
therapeutic requirements; or three
hundred (300) grams or more but less Section 13. Possession of Dangerous Drugs
than five (hundred) 500) grams of During Parties, Social Gatherings or Meetings.
marijuana; and Any person found possessing any dangerous
drug during a party, or at a social gathering or
(3) Imprisonment of twelve (12) years
meeting, or in the proximate company of at least
and one (1) day to twenty (20) years
two (2) persons, shall suffer the maximum
and a fine ranging from Three hundred
penalties provided for in Section 11 of this Act,
thousand pesos (P300,000.00) to Four
hundred thousand pesos (P400,000.00),

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regardless of the quantity and purity of such shall prescribe the necessary implementing
dangerous drugs. guidelines for the proper cultivation, culture,
handling, experimentation and disposal of such
Section 14. Possession of Equipment,
plants and materials.
Instrument, Apparatus and Other Paraphernalia
for Dangerous Drugs During Parties, Social The land or portions thereof and/or greenhouses
Gatherings or Meetings. - The maximum penalty on which any of said plants is cultivated or
provided for in Section 12 of this Act shall be cultured shall be confiscated and escheated in
imposed upon any person, who shall possess or favor of the State, unless the owner thereof can
have under his/her control any equipment, prove lack of knowledge of such cultivation or
instrument, apparatus and other paraphernalia culture despite the exercise of due diligence on
fit or intended for smoking, consuming, his/her part. If the land involved is part of the
administering, injecting, ingesting, or introducing public domain, the maximum penalty provided
any dangerous drug into the body, during for under this Section shall be imposed upon the
parties, social gatherings or meetings, or in the offender.
proximate company of at least two (2) persons. The maximum penalty provided for under this
Section 15. Use of Dangerous Drugs. A Section shall be imposed upon any person, who
person apprehended or arrested, who is found organizes, manages or acts as a "financier" of
to be positive for use of any dangerous drug, any of the illegal activities prescribed in this
after a confirmatory test, shall be imposed a Section.
penalty of a minimum of six (6) months The penalty of twelve (12) years and one (1) day
rehabilitation in a government center for the first to twenty (20) years of imprisonment and a fine
offense, subject to the provisions of Article VIII of ranging from One hundred thousand pesos
this Act. If apprehended using any dangerous (P100,000.00) to Five hundred thousand pesos
drug for the second time, he/she shall suffer the (P500,000.00) shall be imposed upon any
penalty of imprisonment ranging from six (6) person, who acts as a "protector/coddler" of any
years and one (1) day to twelve (12) years and a violator of the provisions under this Section.
fine ranging from Fifty thousand pesos
(P50,000.00) to Two hundred thousand pesos Section 17. Maintenance and Keeping of
(P200,000.00):Provided,That this Section shall Original Records of Transactions on Dangerous
not be applicable where the person tested is Drugs and/or Controlled Precursors and
also found to have in his/her possession such Essential Chemicals. - The penalty of
quantity of any dangerous drug provided for imprisonment ranging from one (1) year and one
under Section 11 of this Act, in which case the (1) day to six (6) years and a fine ranging from
provisions stated therein shall apply. Ten thousand pesos (P10,000.00) to Fifty
thousand pesos (P50,000.00) shall be imposed
Section 16. Cultivation or Culture of Plants upon any practitioner, manufacturer, wholesaler,
Classified as Dangerous Drugs or are Sources importer, distributor, dealer or retailer who
Thereof. - The penalty of life imprisonment to violates or fails to comply with the maintenance
death and a fine ranging from Five hundred and keeping of the original records of
thousand pesos (P500,000.00) to Ten million transactions on any dangerous drug and/or
pesos (P10,000,000.00) shall be imposed upon controlled precursor and essential chemical in
any person, who shall plant, cultivate or culture accordance with Section 40 of this Act.
marijuana, opium poppy or any other plant
regardless of quantity, which is or may hereafter An additional penalty shall be imposed through
be classified as a dangerous drug or as a source the revocation of the license to practice his/her
from which any dangerous drug may be profession, in case of a practitioner, or of the
manufactured or derived: Provided, That in the business, in case of a manufacturer, seller,
case of medical laboratories and medical importer, distributor, dealer or retailer.
research centers which cultivate or culture Section 18. Unnecessary Prescription of
marijuana, opium poppy and other plants, or Dangerous Drugs. The penalty of
materials of such dangerous drugs for medical imprisonment ranging from twelve (12) years
experiments and research purposes, or for the and one (1) day to twenty (20) years and a fine
creation of new types of medicine, the Board ranging from One hundred thousand pesos

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(P100,000.00) to Five hundred thousand pesos confiscation and forfeiture of all the proceeds of
(P500,000.00) and the additional penalty of the the offense and all the assets and properties of
revocation of his/her license to practice shall be the accused either owned or held by him or in
imposed upon the practitioner, who shall the name of some other persons if the same
prescribe any dangerous drug to any person shall be found to be manifestly out of proportion
whose physical or physiological condition does to his/her lawful income: Provided, however,
not require the use or in the dosage prescribed That if the forfeited property is a vehicle, the
therein, as determined by the Board in same shall be auctioned off not later than five
consultation with recognized competent experts (5) days upon order of confiscation or forfeiture.
who are authorized representatives of During the pendency of the case in the Regional
professional organizations of practitioners, Trial Court, no property, or income derived
particularly those who are involved in the care of therefrom, which may be confiscated and
persons with severe pain. forfeited, shall be disposed, alienated or
Section 19.Unlawful Prescription of Dangerous transferred and the same shall be in custodia
Drugs. The penalty of life imprisonment to legis and no bond shall be admitted for the
death and a fine ranging from Five hundred release of the same.
thousand pesos (P500,000.00) to Ten million The proceeds of any sale or disposition of any
pesos (P10,000,000.00) shall be imposed upon property confiscated or forfeited under this
any person, who, unless authorized by law, shall Section shall be used to pay all proper expenses
make or issue a prescription or any other writing incurred in the proceedings for the confiscation,
purporting to be a prescription for any forfeiture, custody and maintenance of the
dangerous drug. property pending disposition, as well as
Section 20. Confiscation and Forfeiture of the expenses for publication and court costs. The
Proceeds or Instruments of the Unlawful Act, proceeds in excess of the above expenses shall
Including the Properties or Proceeds Derived accrue to the Board to be used in its campaign
from the Illegal Trafficking of Dangerous Drugs against illegal drugs.
and/or Precursors and Essential Chemicals. Section 21. Custody and Disposition of
Every penalty imposed for the unlawful Confiscated, Seized, and/or Surrendered
importation, sale, trading, administration, Dangerous Drugs, Plant Sources of Dangerous
d i s p e n s a t i o n , d e l i v e r y, d i s t r i b u t i o n , Drugs, Controlled Precursors and Essential
transportation or manufacture of any dangerous Chemicals, Instruments/Paraphernalia and/or
drug and/or controlled precursor and essential Laboratory Equipment. The PDEA shall take
chemical, the cultivation or culture of plants charge and have custody of all dangerous
which are sources of dangerous drugs, and the drugs, plant sources of dangerous drugs,
possession of any equipment, instrument, controlled precursors and essential chemicals,
apparatus and other paraphernalia for as well as instruments/paraphernalia and/or
dangerous drugs including other laboratory laboratory equipment so confiscated, seized
equipment, shall carry with it the confiscation and/or surrendered, for proper disposition in the
and forfeiture, in favor of the government, of all following manner:
the proceeds and properties derived from the
unlawful act, including, but not limited to, money (1) The apprehending team having initial
and other assets obtained thereby, and the custody and control of the drugs shall,
instruments or tools with which the particular immediately after seizure and
unlawful act was committed, unless they are the confiscation, physically inventory and
property of a third person not liable for the photograph the same in the presence of
unlawful act, but those which are not of lawful the accused or the person/s from whom
commerce shall be ordered destroyed without such items were confiscated and/or
delay pursuant to the provisions of Section 21 of seized, or his/her representative or
this Act. counsel, a representative from the
media and the Department of Justice
After conviction in the Regional Trial Court in the (DOJ), and any elected public official
appropriate criminal case filed, the Court shall who shall be required to sign the copies
immediately schedule a hearing for the

144
of the inventory and be given a copy destruction of such item/s which shall be
thereof; borne by the offender: Provided, That
those item/s of lawful commerce, as
(2) Within twenty-four (24) hours upon
determined by the Board, shall be
confiscation/seizure of dangerous drugs,
donated, used or recycled for legitimate
plant sources of dangerous drugs,
purposes: Provided, further, That a
controlled precursors and essential
representative sample, duly weighed
chemicals, as well as instruments/
and recorded is retained;
paraphernalia and/or laboratory
equipment, the same shall be submitted (5) The Board shall then issue a sworn
to the PDEA Forensic Laboratory for a certification as to the fact of destruction
qualitative and quantitative examination; or burning of the subject item/s which,
together with the representative sample/
(3) A certification of the forensic
s in the custody of the PDEA, shall be
laboratory examination results, which
submitted to the court having jurisdiction
shall be done under oath by the forensic
over the case. In all instances, the
laboratory examiner, shall be issued
representative sample/s shall be kept to
within twenty-four (24) hours after the
a minimum quantity as determined by
receipt of the subject item/s: Provided,
the Board;
That when the volume of the dangerous
drugs, plant sources of dangerous (6) The alleged offender or his/her
drugs, and controlled precursors and representative or counsel shall be
essential chemicals does not allow the allowed to personally observe all of the
completion of testing within the time above proceedings and his/her
frame, a partial laboratory examination presence shall not constitute an
report shall be provisionally issued admission of guilt. In case the said
stating therein the quantities of offender or accused refuses or fails to
dangerous drugs still to be examined by appoint a representative after due notice
the forensic laboratory: Provided, in writing to the accused or his/her
however, That a final certification shall counsel within seventy-two (72) hours
be issued on the completed forensic before the actual burning or destruction
laboratory examination on the same of the evidence in question, the
within the next twenty-four (24) hours; Secretary of Justice shall appoint a
member of the public attorney's office to
(4) After the filing of the criminal case,
represent the former;
the Court shall, within seventy-two (72)
hours, conduct an ocular inspection of (7) After the promulgation and judgment
t h e c o n fi s c a t e d , s e i z e d a n d / o r in the criminal case wherein the
surrendered dangerous drugs, plant representative sample/s was presented
sources of dangerous drugs, and as evidence in court, the trial prosecutor
controlled precursors and essential shall inform the Board of the final
chemicals, including the instruments/ termination of the case and, in turn,
paraphernalia and/or laboratory shall request the court for leave to turn
equipment, and through the PDEA shall over the said representative sample/s to
within twenty-four (24) hours thereafter the PDEA for proper disposition and
proceed with the destruction or burning destruction within twenty-four (24) hours
of the same, in the presence of the from receipt of the same; and
accused or the person/s from whom (8) Transitory Provision: a) Within
such items were confiscated and/or twenty-four (24) hours from the
seized, or his/her representative or effectivity of this Act, dangerous drugs
counsel, a representative from the defined herein which are presently in
media and the DOJ, civil society groups possession of law enforcement
and any elected public official. The agencies shall, with leave of court, be
Board shall draw up the guidelines on burned or destroyed, in the presence of
the manner of proper disposition and representatives of the Court, DOJ,

145
 Department of Health (DOH) and the and/or controlled precursor and
accused/and or his/her counsel, and, b) essential chemical;
Pending the organization of the PDEA, (c) Maintenance of a den, dive or resort
the custody, disposition, and burning or where any dangerous drug is used in
destruction of seized/surrendered any form;
dangerous drugs provided under this
Section shall be implemented by the (d) Manufacture of any dangerous drug
DOH. and/or controlled precursor and
essential chemical; and
Section 22. Grant of Compensation, Reward
and Award. The Board shall recommend to the (e) Cultivation or culture of plants which
concerned government agency the grant of are sources of dangerous drugs.
compensation, reward and award to any person Section 27.Criminal Liability of a Public Officer
providing information and to law enforcers or Employee for Misappropriation,
participating in the operation, which results in Misapplication or Failure to Account for the
the successful confiscation, seizure or surrender Confiscated, Seized and/or Surrendered
of dangerous drugs, plant sources of dangerous Dangerous Drugs, Plant Sources of Dangerous
drugs, and controlled precursors and essential Drugs, Controlled Precursors and Essential
chemicals. Chemicals, Instruments/Paraphernalia and/or
Section 23. Plea-Bargaining Provision. Any Laboratory Equipment Including the Proceeds or
person charged under any provision of this Act Properties Obtained from the Unlawful Act
regardless of the imposable penalty shall not be Committed. The penalty of life imprisonment to
allowed to avail of the provision on plea- death and a fine ranging from Five hundred
bargaining. thousand pesos (P500,000.00) to Ten million
pesos (P10,000,000.00), in addition to absolute
Section 24. Non-Applicability of the Probation perpetual disqualification from any public office,
Law for Drug Traffickers and Pushers. Any shall be imposed upon any public officer or
person convicted for drug trafficking or pushing employee who misappropriates, misapplies or
under this Act, regardless of the penalty fails to account for confiscated, seized or
imposed by the Court, cannot avail of the surrendered dangerous drugs, plant sources of
privilege granted by the Probation Law or dangerous drugs, controlled precursors and
Presidential Decree No. 968, as amended. essential chemicals, instruments/paraphernalia
S e c t i o n 2 5 . Q u a l i f y i n g A g g r a v a t i n g and/or laboratory equipment including the
Circumstances in the Commission of a Crime by proceeds or properties obtained from the
an Offender Under the Influence of Dangerous unlawful acts as provided for in this Act.
Drugs. Notwithstanding the provisions of any Any elective local or national official found to
law to the contrary, a positive finding for the use have benefited from the proceeds of the
of dangerous drugs shall be a qualifying trafficking of dangerous drugs as prescribed in
aggravating circumstance in the commission of this Act, or have received any financial or
a crime by an offender, and the application of material contributions or donations from natural
the penalty provided for in the Revised Penal or juridical persons found guilty of trafficking
Code shall be applicable. dangerous drugs as prescribed in this Act, shall
Section 26. Attempt or Conspiracy. Any be removed from office and perpetually
attempt or conspiracy to commit the following disqualified from holding any elective or
unlawful acts shall be penalized by the same appointive positions in the government, its
penalty prescribed for the commission of the divisions, subdivisions, and intermediaries,
same as provided under this Act: including government-owned or controlled
corporations.
(a) Importation of any dangerous drug
and/or controlled precursor and Section 28. Criminal Liability of Government
essential chemical; Officials and Employees. The maximum
penalties of the unlawful acts provided for in this
(b) Sale, trading, administration,
Act shall be imposed, in addition to absolute
dispensation, delivery, distribution and
perpetual disqualification from any public office,
transportation of any dangerous drug

146
if those found guilty of such unlawful acts are Section 17, Rule 119 of the Revised Rules of
government officials and employees. Criminal Procedure and the provisions of
Republic Act No. 6981 or the Witness
Section 29. Criminal Liability for Planting of
Protection, Security and Benefit Act of 1991, any
Evidence. Any person who is found guilty of
person who has violated Sections 7, 11, 12, 14,
"planting" any dangerous drug and/or controlled
15, and 19, Article II of this Act, who voluntarily
precursor and essential chemical, regardless of
gives information about any violation of Sections
quantity and purity, shall suffer the penalty of
4, 5, 6, 8, 10, 13, and 16, Article II of this Act as
death.
well as any violation of the offenses mentioned if
Section 30. Criminal Liability of Officers of committed by a drug syndicate, or any
Partnerships, Corporations, Associations or information leading to the whereabouts,
Other Juridical Entities. In case any violation of identities and arrest of all or any of the members
this Act is committed by a partnership, thereof; and who willingly testifies against such
corporation, association or any juridical entity, persons as described above, shall be exempted
the partner, president, director, manager, from prosecution or punishment for the offense
trustee, estate administrator, or officer who with reference to which his/her information of
consents to or knowingly tolerates such violation testimony were given, and may plead or prove
shall be held criminally liable as a co-principal. the giving of such information and testimony in
The penalty provided for the offense under this bar of such prosecution: Provided, That the
Act shall be imposed upon the partner, following conditions concur:
president, director, manager, trustee, estate (1) The information and testimony are
administrator, or officer who knowingly necessary for the conviction of the
authorizes, tolerates or consents to the use of a persons described above;
vehicle, vessel, aircraft, equipment or other
(2) Such information and testimony are
facility, as an instrument in the importation, sale,
not yet in the possession of the State;
trading, administration, dispensation, delivery,
distribution, transportation or manufacture of (3) Such information and testimony can
dangerous drugs, or chemical diversion, if such be corroborated on its material points;
vehicle, vessel, aircraft, equipment or other (4) the informant or witness has not
instrument is owned by or under the control or been previously convicted of a crime
supervision of the partnership, corporation, involving moral turpitude, except when
association or juridical entity to which they are there is no other direct evidence
affiliated. available for the State other than the
Section 31. Additional Penalty if Offender is an information and testimony of said
Alien. In addition to the penalties prescribed in informant or witness; and
the unlawful act committed, any alien who (5) The informant or witness shall strictly
violates such provisions of this Act shall, after and faithfully comply without delay, any
service of sentence, be deported immediately condition or undertaking, reduced into
without further proceedings, unless the penalty writing, lawfully imposed by the State as
is death. further consideration for the grant of
Section 32. Liability to a Person Violating Any immunity from prosecution and
Regulation Issued by the Board. The penalty punishment.
of imprisonment ranging from six (6) months and Provided, further, That this immunity may be
one (1) day to four (4) years and a fine ranging enjoyed by such informant or witness who does
from Ten thousand pesos (P10,000.00) to Fifty not appear to be most guilty for the offense with
thousand pesos (P50,000.00) shall be imposed reference to which his/her information or
upon any person found violating any regulation testimony were given: Provided, finally, That
duly issued by the Board pursuant to this Act, in there is no direct evidence available for the
addition to the administrative sanctions imposed State except for the information and testimony of
by the Board. the said informant or witness.
Section 33. Immunity from Prosecution and Section 34. Termination of the Grant of
Punishment. Notwithstanding the provisions of Immunity. The immunity granted to the

147
informant or witness, as prescribed in Section 33 employ, among others, two (2) testing methods,
of this Act, shall not attach should it turn out the screening test which will determine the
subsequently that the information and/or positive result as well as the type of the drug
testimony is false, malicious or made only for the used and the confirmatory test which will confirm
purpose of harassing, molesting or in any way a positive screening test. Drug test certificates
prejudicing the persons described in the issued by accredited drug testing centers shall
preceding Section against whom such be valid for a one-year period from the date of
information or testimony is directed against. In issue which may be used for other purposes.
such case, the informant or witness shall be The following shall be subjected to undergo drug
subject to prosecution and the enjoyment of all testing:
rights and benefits previously accorded him (a) Applicants for driver's license. No
under this Act or any other law, decree or order driver's license shall be issued or
shall be deemed terminated. renewed to any person unless he/she
In case an informant or witness under this Act presents a certification that he/she has
fails or refuses to testify without just cause, and undergone a mandatory drug test and
when lawfully obliged to do so, or should he/she indicating thereon that he/she is free
violate any condition accompanying such from the use of dangerous drugs;
immunity as provided above, his/her immunity (b) Applicants for firearm's license and
shall be removed and he/she shall likewise be for permit to carry firearms outside of
subject to contempt and/or criminal prosecution, residence. All applicants for firearm's
as the case may be, and the enjoyment of all license and permit to carry firearms
rights and benefits previously accorded him outside of residence shall undergo a
under this Act or in any other law, decree or mandatory drug test to ensure that they
order shall be deemed terminated. are free from the use of dangerous
In case the informant or witness referred to drugs: Provided, That all persons who
under this Act falls under the applicability of this by the nature of their profession carry
Section hereof, such individual cannot avail of firearms shall undergo drug testing;
the provisions under Article VIII of this Act. (c) Students of secondary and tertiary
Section 35. Accessory Penalties. A person schools. Students of secondary and
convicted under this Act shall be disqualified to tertiary schools shall, pursuant to the
exercise his/her civil rights such as but not related rules and regulations as
limited to, the rights of parental authority or contained in the school's student
guardianship, either as to the person or property handbook and with notice to the
of any ward, the rights to dispose of such parents, undergo a random drug
property by any act or any conveyance inter testing: Provided, That all drug testing
vivos, and political rights such as but not limited expenses whether in public or private
to, the right to vote and be voted for. Such rights schools under this Section will be borne
shall also be suspended during the pendency of by the government;
an appeal from such conviction. (d) Officers and employees of public and
ARTICLE III p r i v a t e o f fi c e s . O f fi c e r s a n d
employees of public and private offices,
D a n g e r o u s D r u g s Te s t a n d R e c o r d
whether domestic or overseas, shall be
Requirements
subjected to undergo a random drug
Section 36. Authorized Drug Testing. test as contained in the company's work
Authorized drug testing shall be done by any rules and regulations, which shall be
government forensic laboratories or by any of borne by the employer, for purposes of
the drug testing laboratories accredited and reducing the risk in the workplace. Any
monitored by the DOH to safeguard the quality officer or employee found positive for
of test results. The DOH shall take steps in use of dangerous drugs shall be dealt
setting the price of the drug test with DOH with administratively which shall be a
accredited drug testing centers to further reduce ground for suspension or termination,
the cost of such drug test. The drug testing shall subject to the provisions of Article 282 of

148
 the Labor Code and pertinent provisions results of the screening laboratory examination
of the Civil Service Law; or test shall be challenged within fifteen (15)
days after receipt of the result through a
(e) Officers and members of the military,
confirmatory test conducted in any accredited
police and other law enforcement
analytical laboratory equipment with a gas
agencies. Officers and members of
chromatograph/mass spectrometry equipment or
the military, police and other law
some such modern and accepted method, if
enforcement agencies shall undergo an
c o n fi r m e d t h e s a m e s h a l l b e p r i m a
annual mandatory drug test;
facie evidence that such person has used
(f) All persons charged before the dangerous drugs, which is without prejudice for
prosecutor's office with a criminal the prosecution for other violations of the
offense having an imposable penalty of provisions of this Act: Provided, That a positive
imprisonment of not less than six (6) screening laboratory test must be confirmed for
years and one (1) day shall have to it to be valid in a court of law.
undergo a mandatory drug test; and
Section 39. Accreditation of Drug Testing
(g) All candidates for public office Centers and Physicians. The DOH shall be
whether appointed or elected both in the tasked to license and accredit drug testing
national or local government shall centers in each province and city in order to
undergo a mandatory drug test. assure their capacity, competence, integrity and
In addition to the above stated penalties stability to conduct the laboratory examinations
in this Section, those found to be and tests provided in this Article, and appoint
positive for dangerous drugs use shall such technical and other personnel as may be
be subject to the provisions of Section necessary for the effective implementation of
15 of this Act. this provision. The DOH shall also accredit
physicians who shall conduct the drug
Section 37. Issuance of False or Fraudulent dependency examination of a drug dependent
Drug Test Results. Any person authorized, as well as the after-care and follow-up program
licensed or accredited under this Act and its for the said drug dependent. There shall be a
implementing rules to conduct drug examination control regulations, licensing and accreditation
or test, who issues false or fraudulent drug test division under the supervision of the DOH for
results knowingly, willfully or through gross this purpose.
negligence, shall suffer the penalty of
imprisonment ranging from six (6) years and one For this purpose, the DOH shall establish,
(1) day to twelve (12) years and a fine ranging operate and maintain drug testing centers in
from One hundred thousand pesos government hospitals, which must be provided
(P100,000.00) to Five hundred thousand pesos at least with basic technologically advanced
(P500,000.00). equipment and materials, in order to conduct the
laboratory examination and tests herein
An additional penalty shall be imposed through provided, and appoint such qualified and duly
the revocation of the license to practice his/her trained technical and other personnel as may be
profession in case of a practitioner, and the necessary for the effective implementation of
closure of the drug testing center. this provision.
Section 38. Laboratory Examination or Test on Section 40. Records Required for Transactions
Apprehended/Arrested Offenders. Subject to on Dangerous Drug and Precursors and
Section 15 of this Act, any person apprehended Essential Chemicals.
or arrested for violating the provisions of this Act
shall be subjected to screening laboratory a) Every pharmacist dealing in
examination or test within twenty-four (24) dangerous drugs and/or controlled
hours, if the apprehending or arresting officer precursors and essential chemicals shall
has reasonable ground to believe that the maintain and keep an original record of
person apprehended or arrested, on account of sales, purchases, acquisitions and
physical signs or symptoms or other visible or deliveries of dangerous drugs, indicating
outward manifestation, is under the influence of therein the following information:
dangerous drugs. If found to be positive, the

149
 (1) License number and address For purposes of this Act, all
of the pharmacist; prescriptions issued by physicians,
dentists, veterinarians or practitioners
(2) Name, address and license
shall be written on forms exclusively
of the manufacturer, importer or
issued by and obtainable from the DOH.
wholesaler from whom the
Such forms shall be made of a special
dangerous drugs have been
kind of paper and shall be distributed in
purchased;
such quantities and contain such
(3) Quantity and name of the information and other data as the DOH
dangerous drugs purchased or may, by rules and regulations, require.
acquired; Such forms shall only be issued by the
(4) Date of acquisition or DOH through its authorized employees
purchase; to licensed physicians, dentists,
veterinarians and practitioners in such
(5) Name, address and quantities as the Board may authorize.
c o m m u n i t y t a x c e r t i fi c a t e In emergency cases, however, as the
number of the buyer; Board may specify in the public interest,
(6) Serial number of the a prescription need not be accomplished
prescription and the name of the on such forms. The prescribing
physician, dentist, veterinarian physician, dentist, veterinarian or
or practitioner issuing the same; practitioner shall, within three (3) days
after issuing such prescription, inform
(7) Quantity and name of the
the DOH of the same in writing. No
dangerous drugs sold or
prescription once served by the
delivered; and
drugstore or pharmacy be reused nor
(8) Date of sale or delivery. any prescription once issued be refilled.
A certified true copy of such record (c) All manufacturers, wholesalers,
covering a period of six (6) months, duly distributors, importers, dealers and
signed by the pharmacist or the owner retailers of dangerous drugs and/or
of the drugstore, pharmacy or chemical controlled precursors and essential
establishment, shall be forwarded to the chemicals shall keep a record of all
Board within fifteen (15) days following inventories, sales, purchases,
the last day of June and December of acquisitions and deliveries of the same
each year, with a copy thereof furnished as well as the names, addresses and
the city or municipal health officer licenses of the persons from whom such
concerned. items were purchased or acquired or to
(b) A physician, dentist, veterinarian or whom such items were sold or
practitioner authorized to prescribe any delivered, the name and quantity of the
dangerous drug shall issue the same and the date of the transactions.
prescription therefor in one (1) original Such records may be subjected anytime
and two (2) duplicate copies. The for review by the Board.
original, after the prescription has been ARTICLE IV
fi l l e d , s h a l l b e r e t a i n e d b y t h e
Participation of the Family, Students,
pharmacist for a period of one (1) year
Teachers and School Authorities in the
from the date of sale or delivery of such
Enforcement of this Act
drug. One (1) copy shall be retained by
the buyer or by the person to whom the Section 41. Involvement of the Family. The
drug is delivered until such drug is family being the basic unit of the Filipino society
consumed, while the second copy shall shall be primarily responsible for the education
be retained by the person issuing the and awareness of the members of the family on
prescription. the ill effects of dangerous drugs and close
monitoring of family members who may be
susceptible to drug abuse.

150
Section 42. Student Councils and Campus immediate vicinity if they are in attendance at
Organizations. All elementary, secondary and any school or class function in their official
tertiary schools' student councils and campus capacity as school heads, supervisors, and
organizations shall include in their activities a teachers.
program for the prevention of and deterrence in Any teacher or school employee, who discovers
the use of dangerous drugs, and referral for or finds that any person in the school or within
treatment and rehabilitation of students for drug its immediate vicinity is liable for violating any of
dependence. said provisions, shall have the duty to report the
Section 43. School Curricula. Instruction on same to the school head or immediate superior
drug abuse prevention and control shall be who shall, in turn, report the matter to the proper
integrated in the elementary, secondary and authorities.
tertiary curricula of all public and private schools, Failure to do so in either case, within a
whether general, technical, vocational or agro- reasonable period from the time of discovery of
industrial as well as in non-formal, informal and the violation shall, after due hearing, constitute
indigenous learning systems. Such instructions sufficient cause for disciplinary action by the
shall include: school authorities.
(1) Adverse effects of the abuse and Section 45. Publication and Distribution of
misuse of dangerous drugs on the Materials on Dangerous Drugs. With the
person, the family, the school and the assistance of the Board, the Secretary of the
community; Department of Education (DepEd), the
(2) Preventive measures against drug Chairman of the Commission on Higher
abuse; Education (CHED) and the Director-General of
the Technical Education and Skills Development
(3) Health, socio-cultural, psychological,
Authority (TESDA) shall cause the development,
legal and economic dimensions and
publication and distribution of information and
implications of the drug problem;
support educational materials on dangerous
(4) Steps to take when intervention on drugs to the students, the faculty, the parents,
behalf of a drug dependent is needed, and the community.
as well as the services available for the
Section 46. Special Drug Education Center.
treatment and rehabilitation of drug
With the assistance of the Board, the
dependents; and
Department of the Interior and Local
(5) Misconceptions about the use of Government (DILG), the National Youth
dangerous drugs such as, but not Commission (NYC), and the Department of
limited to, the importance and safety of Social Welfare and Development (DSWD) shall
dangerous drugs for medical and establish in each of its provincial office a special
therapeutic use as well as the education drug center for out-of-school youth
differentiation between medical patients and street children. Such Center which shall be
and drug dependents in order to avoid headed by the Provincial Social. Welfare
confusion and accidental stigmatization Development Officer shall sponsor drug
in the consciousness of the students. prevention programs and activities and
Section 44. Heads, Supervisors, and Teachers information campaigns with the end in view of
of Schools. For the purpose of enforcing the educating the out-of-school youth and street
provisions of Article II of this Act, all school children regarding the pernicious effects of drug
heads, supervisors and teachers shall be abuse. The programs initiated by the Center
deemed persons in authority and, as such, are shall likewise be adopted in all public and private
hereby empowered to apprehend, arrest or orphanage and existing special centers for street
cause the apprehension or arrest of any person children.
who shall violate any of the said provisions, ARTICLE V
pursuant to Section 5, Rule 113 of the Rules of
Promotion of a National Drug-Free
Court. They shall be deemed persons in
Workplace Program With the Participation of
authority if they are in the school or within its
immediate vicinity, or even beyond such

151
Private and Labor Sectors and the respective annual budgets to assist in or
Department of Labor and Employment enhance the enforcement of this Act giving
priority to preventive or educational programs
Section 47. Drug-Free Workplace. It is
and the rehabilitation or treatment of drug
deemed a policy of the State to promote drug-
dependents.
free workplaces using a tripartite approach. With
the assistance of the Board, the Department of Section 52. Abatement of Drug Related Public
Labor and Employment (DOLE) shall develop, Nuisances. Any place or premises which have
promote and implement a national drug abuse been used on two or more occasions as the site
prevention program in the workplace to be of the unlawful sale or delivery of dangerous
adopted by private companies with ten (10) or drugs may be declared to be a public nuisance,
more employees. Such program shall include and such nuisance may be abated, pursuant to
the mandatory drafting and adoption of company the following procedures:
policies against drug use in the workplace in (1) Any city or municipality may, by
close consultation and coordination with the ordinance, create an administrative
DOLE, labor and employer organizations, board to hear complaints regarding the
human resource development managers and nuisances;
other such private sector organizations.
(2) any employee, officer, or resident of
Section 48. Guidelines for the National Drug- the city or municipality may bring a
Free Workplace Program. The Board and the complaint before the Board after giving
DOLE shall formulate the necessary guidelines not less than three (3) days written
for the implementation of the national drug-free notice of such complaint to the owner of
workplace program. The amount necessary for the place or premises at his/her last
the implementation of which shall be included in known address; and
the annual General Appropriations Act.
(3) After hearing in which the Board may
ARTICLE VI consider any evidence, including
Participation of the Private and Labor evidence of the general reputation of the
Sectors in the Enforcement of this Act place or premises, and at which the
owner of the premises shall have an
Section 49.Labor Organizations and the Private
opportunity to present evidence in his/
Sector. All labor unions, federations,
her defense, the Board may declare the
associations, or organizations in cooperation
place or premises to be a public
with the respective private sector partners shall
nuisance.
include in their collective bargaining or any
similar agreements, joint continuing programs Section 53.Effect of Board Declaration. If the
and information campaigns for the laborers Board declares a place or premises to be a
similar to the programs provided under Section public nuisance, it may declare an order
47 of this Act with the end in view of achieving a immediately prohibiting the conduct, operation,
drug free workplace. or maintenance of any business or activity on
the premises which is conducive to such
Section 50. Government Assistance. The
nuisance.
labor sector and the respective partners may, in
pursuit of the programs mentioned in the An order entered under this Section shall expire
preceding Section, secure the technical after one (1) year or at such earlier time as
assistance, such as but not limited to, seminars stated in the order. The Board may bring a
and information dissemination campaigns of the complaint seeking a permanent injunction
appropriate government and law enforcement against any nuisance described under this
agencies. Section.
ARTICLE VII This Article does not restrict the right of any
person to proceed under the Civil Code against
Participation of Local Government Units
any public nuisance.
S e c t i o n 5 1 . L o c a l G o v e r n m e n t U n i t s '
ARTICLE VIII
Assistance. Local government units shall
appropriate a substantial portion of their

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Program for Treatment and Rehabilitation of placed under the care of the DOH-
Drug Dependents accredited physician, the after-care
program and follow-up schedule
Section 54. Voluntary Submission of a Drug
formulated by the DSWD and approved
Dependent to Confinement, Treatment and
by the Board: Provided, That capability-
Rehabilitation. A drug dependent or any
building of local government social
person who violates Section 15 of this Act may,
workers shall be undertaken by the
by himself/herself or through his/her parent,
DSWD;
spouse, guardian or relative within the fourth
degree of consanguinity or affinity, apply to the (2) He/she has never been charged or
Board or its duly recognized representative, for convicted of any offense punishable
treatment and rehabilitation of the drug under this Act, the Dangerous Drugs Act
dependency. Upon such application, the Board of 1972 or Republic Act No. 6425, as
shall bring forth the matter to the Court which amended; the Revised Penal Code, as
shall order that the applicant be examined for amended; or any special penal laws;
drug dependency. If the examination by a DOH- (3) He/she has no record of escape from
accredited physician results in the issuance of a a Center: Provided, That had he/she
certification that the applicant is a drug escaped, he/she surrendered by
dependent, he/she shall be ordered by the Court himself/herself or through his/her parent,
to undergo treatment and rehabilitation in a spouse, guardian or relative within the
Center designated by the Board for a period of fourth degree of consanguinity or affinity,
not less than six (6) months: Provided, That a within one (1) week from the date of the
drug dependent may be placed under the care said escape; and
of a DOH-accredited physician where there is no
Center near or accessible to the residence of the (4) He/she poses no serious danger to
drug dependent or where said drug dependent is himself/herself, his/her family or the
below eighteen (18) years of age and is a first- community by his/her exemption from
time offender and non-confinement in a Center criminal liability.
will not pose a serious danger to his/her family Section 56. Temporary Release From the
or the community. Center; After-Care and Follow-Up Treatment
Confinement in a Center for treatment and Under the Voluntary Submission Program.
rehabilitation shall not exceed one (1) year, after Upon certification of the Center that the drug
which time the Court, as well as the Board, shall dependent within the voluntary submission
be apprised by the head of the treatment and program may be temporarily released, the Court
rehabilitation center of the status of said drug shall order his/her release on condition that said
dependent and determine whether further drug dependent shall report to the DOH for after-
confinement will be for the welfare of the drug care and follow-up treatment, including urine
dependent and his/her family or the community. testing, for a period not exceeding eighteen (18)
months under such terms and conditions that
Section 55. Exemption from the Criminal the Court may impose.
Liability Under the Voluntary Submission
Program.A drug dependent under the voluntary If during the period of after-care and follow-up,
submission program, who is finally discharged t h e d r u g d e p e n d e n t i s c e r t i fi e d t o b e
from confinement, shall be exempt from the rehabilitated, he/she may be discharged by the
criminal liability under Section 15 of this act Court, subject to the provisions of Section 55 of
subject to the following conditions: this Act, without prejudice to the outcome of any
pending case filed in court.
(1) He/she has complied with the rules
and regulations of the center, the However, should the DOH find that during the
applicable rules and regulations of the initial after-care and follow-up program of
Board, including the after-care and eighteen (18) months, the drug dependent
follow-up program for at least eighteen requires further treatment and rehabilitation in
(18) months following temporary the Center, he/she shall be recommitted to the
discharge from confinement in the Center for confinement. Thereafter, he/she may
Center or, in the case of a dependent again be certified for temporary release and

153
ordered released for another after-care and may issue an order for recommitment within one
follow-up program pursuant to this Section. (1) week.
Section 57. Probation and Community Service If, subsequent to a recommitment, the
Under the Voluntary Submission Program. A dependent once again escapes from
drug dependent who is discharged as confinement, he/she shall be charged for
rehabilitated by the DOH-accredited Center violation of Section 15 of this Act and he
through the voluntary submission program, but subjected under section 61 of this Act, either
does not qualify for exemption from criminal upon order of the Board or upon order of the
liability under Section 55 of this Act, may be court, as the case may be.
charged under the provisions of this Act, but Section 60. Confidentiality of Records Under
shall be placed on probation and undergo a the Voluntary Submission Program. Judicial
community service in lieu of imprisonment and/ and medical records of drug dependents under
or fine in the discretion of the court, without the voluntary submission program shall be
prejudice to the outcome of any pending case confidential and shall not be used against him
filed in court. for any purpose, except to determine how many
Such drug dependent shall undergo community times, by himself/herself or through his/her
service as part of his/her after-care and follow- parent, spouse, guardian or relative within the
up program, which may be done in coordination fourth degree of consanguinity or affinity, he/she
with nongovernmental civil organizations voluntarily submitted himself/herself for
accredited by the DSWD, with the confinement, treatment and rehabilitation or has
recommendation of the Board. been committed to a Center under this program.
Section 58. Filing of Charges Against a Drug Section 61.Compulsory Confinement of a Drug
Dependent Who is Not Rehabilitated Under the Dependent Who Refuses to Apply Under the
Voluntary Submission Program. A drug Vo l u n t a r y S u b m i s s i o n P r o g r a m .
dependent, who is not rehabilitated after the Notwithstanding any law, rule and regulation to
second commitment to the Center under the the contrary, any person determined and found
voluntary submission program, shall, upon to be dependent on dangerous drugs shall, upon
recommendation of the Board, be charged for petition by the Board or any of its authorized
violation of Section 15 of this Act and prosecuted representative, be confined for treatment and
like any other offender. If convicted, he/she shall rehabilitation in any Center duly designated or
be credited for the period of confinement and accredited for the purpose.
rehabilitation in the Center in the service of his/ A petition for the confinement of a person
her sentence. alleged to be dependent on dangerous drugs to
Section 59. Escape and Recommitment for a Center may be filed by any person authorized
Confinement and Rehabilitation Under the by the Board with the Regional Trial Court of the
Voluntary Submission Program. Should a drug province or city where such person is found.
dependent under the voluntary submission After the petition is filed, the court, by an order,
program escape from the Center, he/she may shall immediately fix a date for the hearing, and
submit himself/herself for recommitment within a copy of such order shall be served on the
one (1) week therefrom, or his/her parent, person alleged to be dependent on dangerous
spouse, guardian or relative within the fourth drugs, and to the one having charge of him.
degree of consanguinity or affinity may, within
said period, surrender him for recommitment, in If after such hearing and the facts so warrant,
which case the corresponding order shall be the court shall order the drug dependent to be
issued by the Board. examined by two (2) physicians accredited by
the Board. If both physicians conclude that the
Should the escapee fail to submit himself/herself respondent is not a drug dependent, the court
or be surrendered after one (1) week, the Board shall order his/her discharge. If either physician
shall apply to the court for a recommitment order finds him to be a dependent, the court shall
upon proof of previous commitment or his/her conduct a hearing and consider all relevant
voluntary submission by the Board, the court evidence which may be offered. If the court finds
him a drug dependent, it shall issue an order for

154
his/her commitment to a treatment and certification by the Center and the Board that he/
rehabilitation center under the supervision of the she is rehabilitated.
DOH. In any event, the order of discharge or Section 63.Prescription of the Offense Charged
order of confinement or commitment shall be Against a Drug Dependent Under the
issued not later than fifteen (15) days from the Compulsory Submission Program. The period
filing of the appropriate petition. of prescription of the offense charged against a
Section 62. Compulsory Submission of a Drug drug dependent under the compulsory
Dependent Charged with an Offense to submission program shall not run during the
Treatment and Rehabilitation. If a person time that the drug dependent is under
charged with an offense where the imposable confinement in a Center or otherwise under the
penalty is imprisonment of less than six (6) treatment and rehabilitation program approved
years and one (1) day, and is found by the by the Board.
prosecutor or by the court, at any stage of the Upon certification of the Center that he/she may
proceedings, to be a drug dependent, the temporarily be discharged from the said Center,
prosecutor or the court as the case may be, the court shall order his/her release on condition
shall suspend all further proceedings and that he/she shall report to the Board through the
transmit copies of the record of the case to the DOH for after-care and follow-up treatment for a
Board. period not exceeding eighteen (18) months
In the event he Board determines, after medical under such terms and conditions as may be
examination, that public interest requires that imposed by the Board.
such drug dependent be committed to a center If at anytime during the after-care and follow-up
for treatment and rehabilitation, it shall file a period, the Board certifies to his/her complete
petition for his/her commitment with the regional rehabilitation, the court shall order his/her final
trial court of the province or city where he/she is discharge from confinement and order for the
being investigated or tried:Provided, That where immediate resumption of the trial of the case for
a criminal case is pending in court, such petition which he/she is originally charged. Should the
shall be filed in the said court. The court shall Board through the DOH find at anytime during
take judicial notice of the prior proceedings in the after-care and follow-up period that he/she
the case and shall proceed to hear the petition. requires further treatment and rehabilitation, it
If the court finds him to be a drug dependent, it shall report to the court, which shall order his/her
shall order his/her commitment to a Center for recommitment to the Center.
treatment and rehabilitation. The head of said
Center shall submit to the court every four (4) Should the drug dependent, having been
months, or as often as the court may require, a committed to a Center upon petition by the
written report on the progress of the treatment. If Board escape therefrom, he/she may resubmit
the dependent is rehabilitated, as certified by the himself/herself for confinement within one (1)
center and the Board, he/she shall be returned week from the date of his/her escape; or his/her
to the court, which committed him, for his/her parent, spouse, guardian or relative within the
discharge therefrom. fourth degree of consanguinity or affinity may,
within the same period, surrender him for
Thereafter, his/her prosecution for any offense recommitment. If, however, the drug dependent
punishable by law shall be instituted or shall does not resubmit himself/herself for
continue, as the case may be. In case of confinement or he/she is not surrendered for
conviction, the judgment shall, if the accused is recommitment, the Board may apply with the
certified by the treatment and rehabilitation court for the issuance of the recommitment
center to have maintained good behavior, order. Upon proof of previous commitment, the
indicate that he/she shall be given full credit for court shall issue an order for recommitment. If,
the period he/she was confined in the subsequent to such recommitment, he/she
Center: Provided, however, That when the should escape again, he/she shall no longer be
offense is for violation of Section 15 of this Act exempt from criminal liability for use of any
and the accused is not a recidivist, the penalty dangerous drug.
thereof shall be deemed to have been served in
the Center upon his/her release therefrom after

155
A drug dependent committed under this (c) The Board favorably recommends
particular Section who is finally discharged from that his/her sentence be suspended.
confinement shall be exempt from criminal While under suspended sentence, he/she shall
liability under Section 15 of this Act, without be under the supervision and rehabilitative
prejudice to the outcome of any pending case surveillance of the Board, under such conditions
filed in court. On the other hand, a drug that the court may impose for a period ranging
dependent who is not rehabilitated after a from six (6) months to eighteen (18) months.
second commitment to the Center shall, upon
conviction by the appropriate court, suffer the Upon recommendation of the Board, the court
same penalties provided for under Section 15 of may commit the accused under suspended
this Act again without prejudice to the outcome sentence to a Center, or to the care of a DOH-
of any pending case filed in court. accredited physician for at least six (6) months,
with after-care and follow-up program for not
Section 64. Confidentiality of Records Under more than eighteen (18) months.
the Compulsory Submission Program. The
records of a drug dependent who was In the case of minors under fifteen (15) years of
rehabilitated and discharged from the Center age at the time of the commission of any offense
under the compulsory submission program, or penalized under this Act, Article 192 of
who was charged for violation of Section 15 of Presidential Decree No. 603, otherwise known
this Act, shall be covered by Section 60 of this as the Child and Youth Welfare Code, as
Act. However, the records of a drug dependent amended by Presidential Decree No. 1179 shall
who was not rehabilitated, or who escaped but apply, without prejudice to the application of the
did not surrender himself/herself within the provisions of this Section.
prescribed period, shall be forwarded to the Section 67. Discharge After Compliance with
court and their use shall be determined by the Conditions of Suspended Sentence of a First-
court, taking into consideration public interest Time Minor Offender. If the accused first time
and the welfare of the drug dependent. minor offender under suspended sentence
Section 65. Duty of the Prosecutor in the complies with the applicable rules and
Proceedings. It shall be the duty of the regulations of the Board, including confinement
provincial or the city prosecutor or their in a Center, the court, upon a favorable
assistants or state prosecutors to prepare the recommendation of the Board for the final
appropriate petition in all proceedings arising discharge of the accused, shall discharge the
from this Act. accused and dismiss all proceedings.
Section 66.Suspension of Sentence of a First- Upon the dismissal of the proceedings against
Time Minor Offender. An accused who is over the accused, the court shall enter an order to
fifteen (15) years of age at the time of the expunge all official records, other than the
commission of the offense mentioned in Section confidential record to be retained by the DOJ
11 of this Act, but not more than eighteen (18) relating to the case. Such an order, which shall
years of age at the time when judgment should be kept confidential, shall restore the accused to
have been promulgated after having been found his/her status prior to the case. He/she shall not
guilty of said offense, may be given the benefits be held thereafter to be guilty of perjury or of
of a suspended sentence, subject to the concealment or misrepresentation by reason of
following conditions: his/her failure to acknowledge the case or recite
any fact related thereto in response to any
(a) He/she has not been previously inquiry made of him for any purpose.
convicted of violating any provision of
this Act, or of the Dangerous Drugs Act Section 68.Privilege of Suspended Sentence to
of 1972, as amended; or of the Revised be Availed of Only Once by a First-Time Minor
Penal Code; or of any special penal Offender. The privilege of suspended sentence
laws; shall be availed of only once by an accused drug
dependent who is a first-time offender over
(b) He/she has not been previously fifteen (15) years of age at the time of the
committed to a Center or to the care of a commission of the violation of Section 15 of this
DOH-accredited physician; and Act but not more than eighteen (18) years of age

156
at the time when judgment should have been sentence period shall be deducted from the
promulgated. sentence to be served.
Section 69.Promulgation of Sentence for First- Section 71. Records to be kept by the
Time Minor Offender. If the accused first-time Department of Justice. The DOJ shall keep a
minor offender violates any of the conditions of confidential record of the proceedings on
his/her suspended sentence, the applicable suspension of sentence and shall not be used
rules and regulations of the Board exercising for any purpose other than to determine whether
supervision and rehabilitative surveillance over or not a person accused under this Act is a first-
him, including the rules and regulations of the time minor offender.
Center should confinement be required, the Section 72. Liability of a Person Who Violates
court shall pronounce judgment of conviction the Confidentiality of Records. The penalty of
and he/she shall serve sentence as any other imprisonment ranging from six (6) months and
convicted person. one (1) day to six (6) years and a fine ranging
Section 70.Probation or Community Service for from One thousand pesos (P1,000.00) to Six
a First-Time Minor Offender in Lieu of thousand pesos (P6,000.00), shall be imposed
Imprisonment. Upon promulgation of the upon any person who, having official custody of
sentence, the court may, in its discretion, place or access to the confidential records of any drug
the accused under probation, even if the dependent under voluntary submission
sentence provided under this Act is higher than programs, or anyone who, having gained
that provided under existing law on probation, or possession of said records, whether lawfully or
impose community service in lieu of not, reveals their content to any person other
imprisonment. In case of probation, the than those charged with the prosecution of the
supervision and rehabilitative surveillance shall offenses under this Act and its implementation.
be undertaken by the Board through the DOH in The maximum penalty shall be imposed, in
coordination with the Board of Pardons and addition to absolute perpetual disqualification
Parole and the Probation Administration. Upon from any public office, when the offender is a
compliance with the conditions of the probation, government official or employee. Should the
the Board shall submit a written report to the records be used for unlawful purposes, such as
court recommending termination of probation blackmail of the drug dependent or the members
and a final discharge of the probationer, of his/her family, the penalty imposed for the
whereupon the court shall issue such an order. crime of violation of confidentiality shall be in
addition to whatever crime he/she may be
The community service shall be complied with
convicted of.
under conditions, time and place as may be
determined by the court in its discretion and Section 73. Liability of a Parent, Spouse or
upon the recommendation of the Board and Guardian Who Refuses to Cooperate with the
shall apply only to violators of Section 15 of this Board or any Concerned Agency. Any parent,
Act. The completion of the community service spouse or guardian who, without valid reason,
shall be under the supervision and rehabilitative refuses to cooperate with the Board or any
surveillance of the Board during the period concerned agency in the treatment and
required by the court. Thereafter, the Board shall rehabilitation of a drug dependent who is a
render a report on the manner of compliance of minor, or in any manner, prevents or delays the
said community service. The court in its after-care, follow-up or other programs for the
discretion may require extension of the welfare of the accused drug dependent, whether
community service or order a final discharge. under voluntary submission program or
compulsory submission program, may be cited
In both cases, the judicial records shall be
for contempt by the court.
covered by the provisions of Sections 60 and 64
of this Act. Section 74. Cost-Sharing in the Treatment and
Rehabilitation of a Drug Dependent. The
If the sentence promulgated by the court
parent, spouse, guardian or any relative within
requires imprisonment, the period spent in the
the fourth degree of consanguinity of any person
Center by the accused during the suspended
who is confined under the voluntary submission
program or compulsory submission program

157
shall be charged a certain percentage of the (3) Encourage, assist and accredit
cost of his/her treatment and rehabilitation, the private centers, promulgate rules and
guidelines of which shall be formulated by the regulations setting minimum standards
DSWD taking into consideration the economic for their accreditation to assure their
status of the family of the person confined. The competence, integrity and stability;
guidelines therein formulated shall be (4) Prescribe and promulgate rules and
implemented by a social worker of the local regulations governing the establishment
government unit. of such Centers as it may deem
Section 75. Treatment and Rehabilitation necessary after conducting a feasibility
Centers. The existing treatment and study thereof;
rehabilitation centers for drug dependents (5) The DOH shall, without prejudice to
operated and maintained by the NBI and the the criminal prosecution of those found
PNP shall be operated, maintained and guilty of violating this Act, order the
managed by the DOH in coordination with other closure of a Center for treatment and
concerned agencies. For the purpose of rehabilitation of drug dependency when,
enlarging the network of centers, the Board after investigation it is found guilty of
through the DOH shall encourage, promote or violating the provisions of this Act or
whenever feasible, assist or support in the regulations issued by the Board; and
establishment, operations and maintenance of
private centers which shall be eligible to receive (6) Charge reasonable fees for drug
grants, donations or subsidy from either dependency examinations, other
government or private sources. It shall also medical and legal services provided to
support the establishment of government- the public, which shall accrue to the
operated regional treatment and rehabilitation Board. All income derived from these
centers depending upon the availability of funds. sources shall be part of the funds
The national government, through its constituted as special funds for the
appropriate agencies shall give priority funding implementation of this Act under Section
for the increase of subsidy to existing 87.
government drug rehabilitation centers, and ARTICLE IX
shall establish at least one (1) drug rehabilitation
center in each province, depending on the Dangerous Drugs Board and Philippine Drug
availability of funds. Enforcement Agency

Section 76. The Duties and Responsibilities of Section 77.The Dangerous Drugs Board. The
the Department of health (DOH) Under this Act. Board shall be the policy-making and strategy-
The DOH shall: formulating body in the planning and formulation
of policies and programs on drug prevention and
(1) Oversee the monitor the integration, control. It shall develop and adopt a
coordination and supervision of all drug comprehensive, integrated, unified and balanced
rehabilitation, intervention, after-care national drug abuse prevention and control
and follow-up programs, projects and strategy. It shall be under the Office of the
activities as well as the establishment, President.
operations, maintenance and
management of privately-owned drug Section 78. Composition of the Board. The
treatment rehabilitation centers and drug Board shall be composed of seventeen (17)
testing networks and laboratories members wherein three (3) of which are
throughout the country in coordination permanent members, the other twelve (12)
with the DSWD and other agencies; members shall be in an ex officio capacity and
the two (2) shall be regular members.
(2) License, accredit, establish and
maintain drug test network and The three (3) permanent members, who shall
laboratory, initiate, conduct and support possess at least seven-year training and
scientific research on drugs and drug experience in the field of dangerous drugs and
control; in any of the following fields: in law, medicine,
criminology, psychology or social work, shall be

158
appointed by the President of the Philippines. The two (2) regular members shall be as follows:
The President shall designate a Chairman, who (a) The president of the Integrated Bar
shall have the rank of a secretary from among of the Philippines; and
the three (3) permanent members who shall
serve for six (6) years. Of the two (2) other (b) The chairman or president of a non-
members, who shall both have the rank of government organization involved in
undersecretary, one (1) shall serve for four (4) dangerous drug campaign to be
years and the other for two (2) years. Thereafter, appointed by the President of the
the persons appointed to succeed such Philippines.
members shall hold office for a term of six (6) The Director of the NBI and the Chief of the PNP
years and until their successors shall have been shall be the permanent consultants of the Board,
duly appointed and qualified. and shall attend all the meetings of the Board.
The other twelve (12) members who shall beex All members of the Board as well as its
officiomembers of the Board are the following: permanent consultants shall receive a per diem
(1) Secretary of the Department of for every meeting actually attended subject to
Justice or his/her representative; the pertinent budgetary laws, rules and
regulations on compensation, honoraria and
(2) Secretary of the Department of a l l o w a n c e s : P r o v i d e d , T h a t w h e r e t h e
Health or his/her representative; representative of anex officiomember or of the
(3) Secretary of the Department of permanent consultant of the Board attends a
National Defense or his/her m e e t i n g i n b e h a l f o f t h e l a t t e r, s u c h
representative; representative shall be entitled to receive the per
diem.
(4) Secretary of the Department of
Finance or his/her representative; Section 79.Meetings of the Board. The Board
shall meet once a week or as often as
(5) Secretary of the Department of
necessary at the discretion of the Chairman or at
Labor and Employment or his/her
the call of any four (4) other members. The
representative;
presence of nine (9) members shall constitute a
(6) Secretary of the Department of the quorum.
Interior and Local Government or his/her
Section 80. Secretariat of the Board. The
representative;
Board shall recommend to the President of the
(7) Secretary of the Department of Philippines the appointment of an Executive
Social Welfare and Development or his/ Director, with the rank of an undersecretary, who
her representative; shall be the Secretary of the Board and
(8) Secretary of the Department of administrative officer of its secretariat, and shall
Foreign Affairs or his/her representative; perform such other duties that may be assigned
to him/her. He/she must possess adequate
(9) Secretary of the Department of knowledge, training and experience in the field
Education or his/her representative; of dangerous drugs, and in any of the following
(10) Chairman of the Commission on fields: law enforcement, law, medicine,
Higher Education or his/her criminology, psychology or social work.
representative; Tw o d e p u t i e s e x e c u t i v e d i r e c t o r, f o r
(11) Chairman of the National Youth administration and operations, with the ranks of
Commission; assistant secretary, shall be appointed by the
President upon recommendation of the Board.
(12) Director General of the Philippine
They shall possess the same qualifications as
Drug Enforcement Agency.
those of the executive director. They shall
Cabinet secretaries who are members of the receive a salary corresponding to their position
Board may designate their duly authorized and as prescribed by the Salary Standardization Law
permanent representatives whose ranks shall in as a Career Service Officer.
no case be lower than undersecretary.

159
The existing secretariat of the Board shall be educational campaign programs to be
under the administrative control and supervision implemented by the appropriate
of the Executive Director. It shall be composed government agencies;
of the following divisions, namely: Policy (f) Conduct continuing seminars for, and
Studies, Research and Statistics; Preventive consultations with, and provide
Education, Training and Information; Legal information materials to judges and
Affairs; and the Administrative and Financial prosecutors in coordination with the
Management. Office of the Court Administrator, in the
Section 81. Powers and Duties of the Board. case of judges, and the DOJ, in the
The Board shall: case of prosecutors, which aim to
provide them with the current
(a) Formulate, develop and establish a
developments and programs of the
comprehensive, integrated, unified and
Board pertinent to its campaign against
balanced national drug use prevention
dangerous drugs and its scientific
and control strategy;
researches on dangerous drugs, its
(b) Promulgate such rules and prevention and control measures;
regulations as may be necessary to
(g) Design special trainings in order to
carry out the purposes of this Act,
provide law enforcement officers,
including the manner of safekeeping,
m e m b e r s o f t h e j u d i c i a r y, a n d
disposition, burning or condemnation of
prosecutors, school authorities and
any dangerous drug and/or controlled
personnel of centers with knowledge
precursor and essential chemical under
and know-how in dangerous drugs and/
its charge and custody, and prescribe
or controlled precursors and essential
administrative remedies or sanctions for
chemicals control in coordination with
the violations of such rules and
the Supreme Court to meet the
regulations;
objectives of the national drug control
(c) Conduct policy studies, program programs;
monitoring and evaluations and other
(h) Design and develop, in consultation
researches on drug prevention, control
and coordination with the DOH, DSWD
and enforcement;
and other agencies involved in drugs
(d) Initiate, conduct and support control, treatment and rehabilitation,
scientific, clinical, social, psychological, both public and private, a national
physical and biological researches on treatment and rehabilitation program for
dangerous drugs and dangerous drugs drug dependents including a standard
prevention and control measures; aftercare and community service
(e) Develop an educational program and program for recovering drug
information drive on the hazards and dependents;
prevention of illegal use of any (i) Design and develop, jointly with the
dangerous drug and/or controlled DOLE and in consultation with labor and
precursor and essential chemical based employer groups as well as
on factual data, and disseminate the nongovernment organizations a drug
same to the general public, for which abuse prevention program in the
purpose the Board shall endeavor to workplace that would include a provision
make the general public aware of the for employee assistance programs for
hazards of any dangerous drugs and/or emotionally-stressed employees;
controlled precursor and essential
(j) Initiate and authorize closure
chemical by providing among others,
proceedings against non-accredited
l i t e r a t u r e , fi l m s , d i s p l a y s o r
and/or substandard rehabilitation
advertisements and by coordinating with
centers based on verified reports of
all institutions of learning as well as with
human rights violations, subhuman
all national and local enforcement
conditions, inadequate medical training
agencies in planning and conducting its

160
and assistance and excessive fees for precursors and essential chemicals-
implementation by the PDEA; related cases to which they have
attended for statistics and research
(k) Prescribe and promulgate rules and
purposes;
regulations governing the establishment
of such centers, networks and (p) Receive in trust legacies, gifts and
laboratories as deemed necessary after donations of real and personal
conducting a feasibility study in properties of all kinds, to administer and
coordination with the DOH and other dispose the same when necessary for
government agencies; the benefit of government and private
rehabilitation centers subject to
(l) Receive, gather, collect and evaluate
limitations, directions and instructions
all information on the importation,
from the donors, if any;
exportation, production, manufacture,
sale, stocks, seizures of and the (q) Issue guidelines as to the approval
estimated need for any dangerous drug or disapproval of applications for
and/or controlled precursor and voluntary treatment, rehabilitation or
essential chemical, for which purpose confinement, wherein it shall issue the
the Board may require from any official, necessary guidelines, rules and
instrumentality or agency of the regulations pertaining to the application
government or any private person or and its enforcement;
enterprise dealing in, or engaged in (r) Formulate guidelines, in coordination
activities having to do with any with other government agencies, the
dangerous drug and/or controlled importation, distribution, production,
precursors and essential chemicals manufacture, compounding,
such data or information as it may need prescription, dispensing and sale of, and
to implement this Act; other lawful acts in connection with any
(m) Gather and prepare detailed dangerous drug, controlled precursors
statistics on the importation, exportation, and essential chemicals and other
manufacture, stocks, seizures of and similar or analogous substances of such
estimates need for any dangerous drug kind and in such quantity as it may
and/or controlled precursors and deem necessary according to the
essential chemicals and such other medical and research needs or
statistical data on said drugs as may be requirements of the country including
periodically required by the United diet pills containing ephedrine and other
Nations Narcotics Drug Commission, addictive chemicals and determine the
the World Health Organization and other quantity and/or quality of dangerous
international organizations in drugs and controlled precursors and
consonance with the country's essential chemicals to be imported,
international commitments; manufactured and held in stock at any
given time by authorized importer,
(n) Develop and maintain international
manufacturer or distributor of such
networking coordination with
drugs;
international drug control agencies and
organizations, and implement the (s) Develop the utilization of a controlled
provisions of international conventions delivery scheme in addressing the
and agreements thereon which have transshipment of dangerous drugs into
been adopted and approved by the and out of the country to neutralize
Congress of the Philippines; transnational crime syndicates involved
in illegal trafficking of any dangerous
(o) Require all government and private
drugs and/or controlled precursors and
hospitals, clinics, doctors, dentists and
essential chemicals;
other practitioners to submit a report to
it, in coordination with the PDEA, about (t) Recommend the revocation of the
all dangerous drugs and/or controlled professional license of any practitioner

161
 who is an owner, co-owner, lessee, or in appointed by the President of the Philippines
the employ of the drug establishment, or and shall perform such other duties that may be
manager of a partnership, corporation, assigned to him/her. He/she must possess
association, or any juridical entity adequate knowledge, training and experience in
owning and/or controlling such drug the field of dangerous drugs, and in any of the
establishment, and who knowingly following fields: law enforcement, law, medicine,
participates in, or consents to, tolerates, criminology, psychology or social work.
or abets the commission of the act of The Director General of the PDEA shall be
violations as indicated in the preceding assisted in the performance of his/her duties and
paragraph, all without prejudice to the responsibilities by two (2) deputies director
criminal prosecution of the person general with the rank of Assistant Secretary; one
responsible for the said violation; for Operations and the other one for
(u) Appoint such technical, Administration. The two (2) deputies director
administrative and other personnel as general shall likewise be appointed by the
may be necessary for the effective President of the Philippines upon
implementation of this Act, subject to the recommendation of the Board. The two (2)
Civil Service Law and its rules and deputies director general shall possess the
regulations; same qualifications as those of the Director
General of the PDEA. The Director General and
(v) Establish a regular and continuing
the two (2) deputies director general shall
consultation with concerned government
receive the compensation and salaries as
agencies and medical professional
prescribed by law.
organizations to determine if balance
exists in policies, procedures, rules and Section 83. Organization of the PDEA. The
regulations on dangerous drugs and to present Secretariat of the National Drug Law
provide recommendations on how the Enforcement and Prevention Coordinating
lawful use of dangerous drugs can be Center as created by Executive Order No. 61
improved and facilitated; and shall be accordingly modified and absorbed by
the PDEA.
(w) Submit an annual and periodic
reports to the President, the Congress The Director General of the PDEA shall be
of the Philippines and the Senate and responsible for the necessary changes in the
House of Representatives committees organizational set-up which shall be submitted to
concerned as may be required from time the Board for approval.
to time, and perform such other For purposes of carrying out its duties and
functions as may be authorized or powers as provided for in the succeeding
required under existing laws and as Section of this Act, the PDEA shall have the
directed by the President himself/herself following Services, namely: Intelligence and
or as recommended by the Investigation; International Cooperation and
congressional committees concerned. Foreign Affairs; Preventive Education and
Section 82. Creation of the Philippine Drug Community Involvement; Plans and Operations;
Enforcement Agency (PDEA). To carry out the Compliance; Legal and Prosecution;
provisions of this Act, the PDEA, which serves Administrative and Human Resource; Financial
as the implementing arm of the Board, and shall Management; Logistics Management; and
be responsible for the efficient and effective law Internal Affairs.
enforcement of all the provisions on any The PDEA shall establish and maintain regional
dangerous drug and/or controlled precursor and offices in the different regions of the country
essential chemical as provided in this Act. which shall be responsible for the
The PDEA shall be headed by a Director implementation of this Act and the policies,
General with the rank of Undersecretary, who programs, and projects of said agency in their
shall be responsible for the general respective regions.
administration and management of the Agency. Section 84.Powers and Duties of the PDEA.
The Director General of the PDEA shall be The PDEA shall:

162
(a) Implement or cause the efficient and of persons and/or corporations found to
effective implementation of the national be violating the provisions of this Act
drug control strategy formulated by the and in accordance with the pertinent
Board thereby carrying out a national provisions of the Anti-Money-Laundering
drug campaign program which shall Act of 2001;
include drug law enforcement, control (h) Prepare for prosecution or cause the
and prevention campaign with the filing of appropriate criminal and civil
assistance of concerned government cases for violation of all laws on
agencies; dangerous drugs, controlled precursors
(b) Undertake the enforcement of the and essential chemicals, and other
provisions of Article II of this Act relative similar controlled substances, and
to the unlawful acts and penalties assist, support and coordinate with other
involving any dangerous drug and/or government agencies for the proper and
controlled precursor and essential effective prosecution of the same;
chemical and investigate all violators (i) Monitor and if warranted by
and other matters involved in the circumstances, in coordination with the
commission of any crime relative to the Philippine Postal Office and the Bureau
use, abuse or trafficking of any of Customs, inspect all air cargo
dangerous drug and/or controlled packages, parcels and mails in the
precursor and essential chemical as central post office, which appear from
provided for in this Act and the the package and address itself to be a
provisions of Presidential Decree No. possible importation of dangerous drugs
1619; and/or controlled precursors and
(c) Administer oath, essential chemicals, through on-line or
issue subpoena and subpoena duces cyber shops via the internet or
tecum relative to the conduct of cyberspace;
investigation involving the violations of (j) Conduct eradication programs to
this Act; destroy wild or illegal growth of plants
(d) Arrest and apprehend as well as from which dangerous drugs may be
search all violators and seize or extracted;
confiscate, the effects or proceeds of the (k) Initiate and undertake the formation
crimes as provided by law and take of a nationwide organization which shall
custody thereof, for this purpose the coordinate and supervise all activities
prosecutors and enforcement agents against drug abuse in every province,
are authorized to possess firearms, in city, municipality and barangay with the
accordance with existing laws; active and direct participation of all such
(e) Take charge and have custody of all local government units and
dangerous drugs and/or controlled nongovernmental organizations,
precursors and essential chemicals including the citizenry, subject to the
seized, confiscated or surrendered to provisions of previously formulated
any national, provincial or local law programs of action against dangerous
enforcement agency, if no longer drugs;
needed for purposes of evidence in (l) Establish and maintain a national
court; drug intelligence system in cooperation
(f) Establish forensic laboratories in with law enforcement agencies, other
each PNP office in every province and government agencies/offices and local
city in order to facilitate action on seize government units that will assist in its
or confiscated drugs, thereby hastening apprehension of big-time drug lords;
its destruction without delay; (m) Establish and maintain close
(g) Recommend to the DOJ the coordination, cooperation and linkages
forfeiture of properties and other assets with international drug control and

163
administration agencies and Section 85. The PDEA Academy. Upon the
organizations, and implement the approval of the Board, the PDEA Academy shall
applicable provisions of international be established either in Baguio or Tagaytay City,
conventions and agreements related to and in such other places as may be necessary.
dangerous drugs to which the The PDEA Academy shall be responsible in the
Philippines is a signatory; recruitment and training of all PDEA agents and
personnel. The Board shall provide for the
(n) Create and maintain an efficient
qualifications and requirements of its recruits
special enforcement unit to conduct an
who must be at least twenty-one (21) years old,
investigation, file charges and transmit
of proven integrity and honesty and a
evidence to the proper court, wherein
Baccalaureate degree holder.
members of the said unit shall possess
suitable and adequate firearms for their The graduates of the Academy shall later
protection in connection with the comprise the operating units of the PDEA after
performance of their duties: Provided, the termination of the transition period of five (5)
That no previous special permit for such years during which all the intelligence network
possession shall be required; and standard operating procedures of the PDEA
has been set up and operationalized.
(o) Require all government and private
hospitals, clinics, doctors, dentists and The Academy shall be headed by a
other practitioners to submit a report to Superintendent, with the rank of Director. He/she
it, in coordination with the Board, about shall be appointed by the PDEA Director
all dangerous drugs and/or controlled General.
precursors and essential chemicals Section 86. Transfer, Absorption, and
which they have attended to for data Integration of All Operating Units on Illegal
and information purposes; Drugs into the PDEA and Transitory Provisions.
(p) Coordinate with the Board for the The Narcotics Group of the PNP, the Narcotics
facilitation of the issuance of necessary Division of the NBI and the Customs Narcotics
guidelines, rules and regulations for the Interdiction Unit are hereby abolished; however
proper implementation of this Act; they shall continue with the performance of their
task as detail service with the PDEA, subject to
(q) Initiate and undertake a national
screening, until such time that the organizational
campaign for drug prevention and drug
structure of the Agency is fully operational and
control programs, where it may enlist
the number of graduates of the PDEA Academy
the assistance of any department,
is sufficient to do the task themselves:Provided,
bureau, office, agency or instrumentality
That such personnel who are affected shall have
of the government, including
the option of either being integrated into the
government-owned and or controlled
PDEA or remain with their original mother
corporations, in the anti-illegal drugs
agencies and shall, thereafter, be immediately
drive, which may include the use of their
reassigned to other units therein by the head of
respective personnel, facilities, and
such agencies. Such personnel who are
resources for a more resolute detection
transferred, absorbed and integrated in the
and investigation of drug-related crimes
PDEA shall be extended appointments to
and prosecution of the drug traffickers;
positions similar in rank, salary, and other
and
emoluments and privileges granted to their
(r) Submit an annual and periodic respective positions in their original mother
reports to the Board as may be required agencies.
from time to time, and perform such
The transfer, absorption and integration of the
other functions as may be authorized or
different offices and units provided for in this
required under existing laws and as
Section shall take effect within eighteen (18)
directed by the President himself/herself
months from the effectivity of this Act:Provided,
or as recommended by the
That personnel absorbed and on detail service
congressional committees concerned.
shall be given until five (5) years to finally decide
to join the PDEA.

164
Nothing in this Act shall mean a diminution of the days after these are collected and declared
investigative powers of the NBI and the PNP on forfeited.
all other crimes as provided for in their A portion of the funds generated by the
respective organic laws: Provided, however, Philippine Amusement and Gaming Corporation
That when the investigation being conducted by (PAGCOR) in the amount of Five million pesos
the NBI, PNP or anyad hocanti-drug task force (P5,000,000.00) a month shall be set aside for
is found to be a violation of any of the provisions the purpose of establishing adequate drug
of this Act, the PDEA shall be the lead agency. rehabilitation centers in the country and also for
The NBI, PNP or any of the task force shall the maintenance and operations of such
immediately transfer the same to the centers:Provided, That the said amount shall be
PDEA:Provided, further, That the NBI, PNP and taken from the fifty percent (50%) share of the
the Bureau of Customs shall maintain close National Government in the income of
coordination with the PDEA on all drug related PAGCOR: Provided, further, That the said
matters. amount shall automatically be remitted by
ARTICLE X PAGCOR to the Board. The amount shall, in
turn, be disbursed by the Dangerous Drugs
Appropriations, Management of Funds and
Board, subject to the rules and regulations of the
Annual Report
Commission on Audit (COA).
Section 87. Appropriations. The amount
The fund may be augmented by grants,
necessary for the operation of the Board and the
donations, and endowment from various
PDEA shall be charged against the current
sources, domestic or foreign, for purposes
year's appropriations of the Board, the National
related to their functions, subject to the existing
Drug Law Enforcement and Prevention
guidelines set by the government.
Coordinating Center, the Narcotics Group of the
PNP, the Narcotics Division of the NBI and other Section 88. Management of Funds Under this
d r u g a b u s e u n i t s o f t h e d i ff e r e n t l a w Act; Annual Report by the Board and the
enforcement agencies integrated into the PDEA PDEA. The Board shall manage the funds as it
in order to carry out the provisions of this Act. may deem proper for the attainment of the
Thereafter, such sums as may be necessary for objectives of this Act. In addition to the periodic
the continued implementation of this Act shall be reports as may be required under this Act, the
included in the annual General Appropriations Chairman of the Board shall submit to the
Act. President of the Philippines and to the presiding
officers of both houses of Congress, within
All receipts derived from fines, fees and other
fifteen (15) days from the opening of the regular
income authorized and imposed in this Act,
session, an annual report on the dangerous
including ten percent (10%) of all unclaimed and
drugs situation in the country which shall include
forfeited sweepstakes and lotto prizes but not
detailed account of the programs and projects
less than twelve million pesos (P12,000,000.00)
undertaken, statistics on crimes related to
per year from the Philippine Charity
dangerous drugs, expenses incurred pursuant to
Sweepstakes Office (PCSO), are hereby
the provisions of this Act, recommended
constituted as a special account in the general
remedial legislation, if needed, and such other
fund for the implementation of this Act:Provided,
relevant facts as it may deem proper to cite.
That no amount shall be disbursed to cover the
operating expenses of the Board and other Section 89. Auditing the Accounts and
concerned agencies: Provided, further, That at Expenses of the Board and the PDEA. All
least fifty percent (50%) of all the funds shall be accounts and expenses of the Board and the
reserved for assistance to government-owned PDEA shall be audited by the COA or its duly
and/or operated rehabilitation centers. authorized representative.
The fines shall be remitted to the Board by the ARTICLE XI
court imposing such fines within thirty (30) days Jurisdiction Over Dangerous Drugs Cases
from the finality of its decisions or orders. The
unclaimed and forfeited prizes shall be turned Section 90. Jurisdiction. The Supreme Court
over to the Board by the PCSO within thirty (30) shall designate special courts from among the
existing Regional Trial Courts in each judicial

165
region to exclusively try and hear cases and a fine of not less than Ten thousand pesos
involving violations of this Act. The number of (P10,000.00) but not more than Fifty thousand
courts designated in each judicial region shall be pesos (P50,000.00) and in addition, perpetual
based on the population and the number of absolute disqualification from public office if
cases pending in their respective jurisdiction. despite due notice to them and to the witness
concerned, the former does not exert
The DOJ shall designate special prosecutors to
reasonable effort to present the latter to the
exclusively handle cases involving violations of
court.
this Act.
The member of the law enforcement agency or
The preliminary investigation of cases filed
any other government employee mentioned in
under this Act shall be terminated within a period
the preceding paragraphs shall not be
of thirty (30) days from the date of their filing.
transferred or re-assigned to any other
When the preliminary investigation is conducted government office located in another territorial
by a public prosecutor and a probable cause is jurisdiction during the pendency of the case in
established, the corresponding information shall court. However, the concerned member of the
be filed in court within twenty-four (24) hours law enforcement agency or government
from the termination of the investigation. If the employee may be transferred or re-assigned for
preliminary investigation is conducted by a judge compelling reasons: Provided, That his/her
and a probable cause is found to exist, the immediate superior shall notify the court where
corresponding information shall be filed by the the case is pending of the order to transfer or re-
proper prosecutor within forty-eight (48) hours assign, within twenty-four (24) hours from its
from the date of receipt of the records of the approval; Provided, further, That his/her
case. immediate superior shall be penalized with
Trial of the case under this Section shall be imprisonment of not less than two (2) months
finished by the court not later than sixty (60) and one (1) day but not more than six (6) years
days from the date of the filing of the and a fine of not less than Ten thousand pesos
information. Decision on said cases shall be (P10,000.00) but not more than Fifty thousand
rendered within a period of fifteen (15) days from pesos (P50,000.00) and in addition, perpetual
the date of submission of the case for resolution. absolute disqualification from public office,
should he/she fail to notify the court of such
Section 91. Responsibility and Liability of Law order to transfer or re-assign.
Enforcement Agencies and other Government
Officials and Employees in Testifying as Prosecution and punishment under this Section
Prosecution Witnesses in Dangerous Drugs shall be without prejudice to any liability for
Cases. Any member of law enforcement violation of any existing law.
agencies or any other government official and Section 92. Delay and Bungling in the
employee who, after due notice, fails or refuses Prosecution of Drug Cases. Any government
intentionally or negligently, to appear as a officer or employee tasked with the prosecution
witness for the prosecution in any proceedings, of drug-related cases under this act, who,
involving violations of this Act, without any valid through patent laxity, inexcusable neglect,
reason, shall be punished with imprisonment of unreasonable delay or deliberately causes the
not less than twelve (12) years and one (1) day unsuccessful prosecution and/or dismissal of the
to twenty (20) years and a fine of not less than said drug cases, shall suffer the penalty of
Five hundred thousand pesos (P500,000.00), in imprisonment ranging from twelve (12) years
addition to the administrative liability he/she may and one (1) day to twenty (20) years without
be meted out by his/her immediate superior and/ prejudice to his/her prosecution under the
or appropriate body. pertinent provisions of the Revised Penal Code.
The immediate superior of the member of the Section 93. Reclassification, Addition or
law enforcement agency or any othe r Removal of Any Drug from the List of Dangerous
government employee mentioned in the Drugs. The Board shall have the power to
preceding paragraph shall be penalized with reclassify, add to or remove from the list of
imprisonment of not less than two (2) months dangerous drugs. Proceedings to reclassify,
and one (1) day but not more than six (6) years add, or remove a drug or other substance may

166
be initiated by the PDEA, the DOH, or by petition latter categories of drugs shall, in case
from any interested party, including the of conviction, be imposed in all pending
manufacturer of a drug, a medical society or criminal prosecutions;
association, a pharmacy association, a public (b) In case a precursors and essential
interest group concerned with drug abuse, a chemicals is reclassified as dangerous
national or local government agency, or an drug, the penalties for violations of the
individual citizen. When a petition is received by Act involving precursors and essential
the Board, it shall immediately begin its own chemicals shall, in case of conviction,
investigation of the drug. The PDEA also may be imposed in all pending criminal
begin an investigation of a drug at any time prosecutions;
based upon the information received from law
enforcement laboratories, national and local law (c) In case of the addition of a new drug
enforcement and regulatory agencies, or other to the list of dangerous drugs and
sources of information. precursors and essential chemicals, no
criminal liability involving the same
The Board after notice and hearing shall under this Act shall arise until after the
consider the following factors with respect to lapse of fifteen (15) days from the last
each substance proposed to be reclassified, publication of such notice;
added or removed from control:
(d) In case of removal of a drug from the
(a) Its actual or relative potential for list of dangerous drugs and precursors
abuse; and essential chemicals, all persons
( b ) S c i e n t i fi c e v i d e n c e o f i t s convicted and/or detained for the use
pharmacological effect if known; and/or possession of such a drug shall
be automatically released and all
(c) The state of current scientific
pending criminal prosecution involving
knowledge regarding the drug or other
such a drug under this Act shall forthwith
substance;
be dismissed; and
(d) Its history and current pattern of
(e) The Board shall, within five (5) days
abuse;
from the date of its promulgation submit
(e) The scope, duration, and to Congress a detailed reclassification,
significance of abuse; addition, or removal of any drug from
(f) Risk to public health; and the list of dangerous drugs.

(g) Whether the substance is an

immediate precursor of a substance ARTICLE XII
already controlled under this Act.
Implementing Rules and Regulations
The Board shall also take into accord the
S e c t i o n 9 4 . I m p l e m e n t i n g R u l e s a n d
obligations and commitments to international
Regulations. The present Board in
treaties, conventions and agreements to which
consultation with the DOH, DILG, DOJ, DepEd,
the Philippines is a signatory.
DSWD, DOLE, PNP, NBI, PAGCOR and the
The Dangerous Drugs Board shall give notice to PCSO and all other concerned government
the general public of the public hearing of the agencies shall promulgate within sixty (60) days
reclassification, addition to or removal from the the Implementing Rules and Regulations that
list of any drug by publishing such notice in any shall be necessary to implement the provisions
newspaper of general circulation once a week of this Act.
for two (2) weeks.
The effect of such reclassification, addition or
ARTICLE XIII
removal shall be as follows:
Final Provisions
(a) In case a dangerous drug is
reclassified as precursors and essential S e c t i o n 9 5 . C o n g r e s s i o n a l O v e r s i g h t
chemicals, the penalties for the Committee. There is hereby created a
violations of this Act involving the two Congressional Oversight Committee composed

167
of seven (7) Members from the Senate and Committee on Dangerous Drugs shall adopt its
seven (7) Members from the House of internal rules of procedure, conduct hearings
Representatives. The Members from the Senate and receive testimonies, reports, and technical
shall be appointed by the Senate President advice, invite or summon by subpoena ad
based on the proportional representation of the testificandum any public official, private citizen,
parties or coalitions therein with at least two (2) or any other person to testify before it, or require
Senators representing the Minority. The a n y p e r s o n b y s u b p o e n a d u c e s
Members from the House of Representatives tecum documents or other materials as it may
shall be appointed by the Speaker, also based require consistent with the provisions of this Act.
on proportional representation of the parties or The Oversight Committee on Dangerous Drugs
coalitions therein with at least two (2) Members shall be assisted by a secretariat to be
representing the Minority. composed by personnel who may be seconded
The Committee shall be headed by the from the Senate and the House of
respective Chairpersons of the Senate Representatives and may retain consultants.
Committee on Public Order and Illegal Drugs To carry out the powers and functions of the
and the House of Representatives Committee Oversight Committee on Dangerous Drugs, the
on Dangerous Drugs. initial sum of Twenty-five million pesos
Section 96. Powers and Functions of the (P25,000,000.00) shall be charged against the
Oversight Committee. The Oversight current appropriations of the Senate. Thereafter,
Committee on Dangerous Drugs shall, in aid of such amount necessary for its continued
legislation, perform the following functions, operations shall be included in the annual
among others: General Appropriations Act.
(a) To set the guidelines and overall The Oversight Committee on Dangerous Drugs
framework to monitor and ensure the shall exist for a period of ten (10) years from the
proper implementation of this Act; effectivity of this Act and may be extended by a
joint concurrent resolution.
(b) To ensure transparency and require
the submission of reports from Section 98. Limited Applicability of the Revised
government agencies concerned on the Penal Code. Notwithstanding any law, rule or
conduct of programs, projects and regulation to the contrary, the provisions of the
policies relating to the implementation of Revised Penal Code (Act No. 3814), as
this act; amended, shall not apply to the provisions of
this Act, except in the case of minor offenders.
(c) To approve the budget for the
Where the offender is a minor, the penalty for
programs of the Oversight Committee
acts punishable by life imprisonment to death
on Dangerous Drugs and all
provided herein shall be reclusion perpetua to
disbursements therefrom, including
death.
compensation of all personnel;
Section 99. Separability Clause. If for any
(d) To submit periodic reports to the
reason any section or provision of this Act, or
President of the Philippines and
any portion thereof, or the application of such
Congress on the implementation of the
section, provision or portion thereof to any
provisions of this Act;
person, group or circumstance is declared
(e) To determine inherent weaknesses in invalid or unconstitutional, the remainder of this
the law and recommend the necessary Act shall not be affected by such declaration and
remedial legislation or executive shall remain in force and effect.
measures; and
Section 100. Repealing Clause. Republic Act
(f) To perform such other duties, No. 6425, as amended, is hereby repealed and
functions and responsibilities as may be all other laws, administrative orders, rules and
necessary to effectively attain the regulations, or parts thereof inconsistent with the
objectives of this Act. provisions of this Act, are hereby repealed or
Section 97. Adoption of Committee Rules and modified accordingly.
Regulations, and Funding. The Oversight

168
Section 101. Amending Clause. Republic Act PURPOSE SECTION 21 OF REPUBLIC ACT
No. 7659 is hereby amended accordingly. NO. 9165, OTHERWISE KNOWN AS THE
"COMPREHENSIVE DANGEROUS DRUGS
Section 102. Effectivity. This Act shall take
ACT OF 2002"
effect fifteen (15) days upon its publication in at
least two (2) national newspapers of general Be it enacted by the Senate and House of
circulation. Representatives of the Philippines in Congress
assembled:
Section 1.Section 21 of Republic Act No. 9165,
otherwise known as the "Comprehensive
Dangerous Drugs Act of 2002", is hereby
amended to read as follows:
"SEC. 21. Custody and Disposition of
Confiscated, Seized, and/or Surrendered
Dangerous Drugs, Plant Sources of Dangerous
Drugs, Controlled Precursors and Essential
Chemicals, Instruments/Paraphernalia and/or
Laboratory Equipment. The PDEA shall take
charge and have custody of all dangerous
drugs, plant sources of dangerous drugs,
controlled precursors and essential chemicals,
as well as instruments/paraphernalia and/or
laboratory equipment so confiscated, seized
and/or surrendered, for proper disposition in the
following manner:
"(1) The apprehending team having initial
custody and control of the dangerous drugs,
controlled precursors and essential chemicals,
instruments/paraphernalia and/or laboratory
equipment shall, immediately after seizure and
confiscation, conduct a physical inventory of the
seized items and photograph the same in the
presence of the accused or the person/s from
whom such items were confiscated and/or
seized, or his/her representative or counsel, with
an elected public official and a representative of
the National Prosecution Service or the media
who shall be required to sign the copies of the
inventory and be given a copy
Republic of the Philippines thereof: Provided, That the physical inventory
CONGRESS OF THE PHILIPPINES and photograph shall be conducted at the place
Metro Manila where the search warrant is served; or at the
Sixteenth Congress nearest police station or at the nearest office of
First Regular Session the apprehending officer/team, whichever is
practicable, in case of warrantless
Begun and held in Metro Manila, on Monday, seizures: Provided, finally, That noncompliance
the twenty-second day of July, two thousand of these requirements under justifiable grounds,
thirteen. as long as the integrity and the evidentiary value
REPUBLIC ACT NO. 10640 of the seized items are properly preserved by
the apprehending officer/team, shall not render
AN ACT TO FURTHER STRENGTHEN THE void and invalid such seizures and custody over
A N T I - D R U G C A M PA I G N O F T H E said items.
G O V E R N M E N T, A M E N D I N G F O R T H E

169
"x x x
"(3) A certification of the forensic laboratory
examination results, which shall be done by the
forensic laboratory examiner, shall be issued
immediately upon the receipt of the subject item/
s:Provided,That when the volume of dangerous
drugs, plant sources of dangerous drugs, and
controlled precursors and essential chemicals
does not allow the completion of testing within
the time frame, a partial laboratory examination
report shall be provisionally issued stating
therein the quantities of dangerous drugs still to
be examined by the forensic
laboratory: Provided, however, That a final
certification shall be issued immediately upon
completion of the said examination and
certification;
"x x x."
1wphi1
Section 2.Implementing Rules and Regulations
(IRR). To implement effectively the provisions
of Section 21, the Philippine Drug Enforcement
Agency (PDEA) shall issue the necessary
guidelines on the IRR for the purpose in
consultation with the Department of Justice (DO
J) and relevant sectors to curb increasing drug
cases.
Section 3. Separability Clause. If any
provision or part hereof is held invalid or
unconstitutional, the remainder of the law or the
provision not otherwise affected shall remain
valid and subsisting.
Section 4. Repealing Clause. All laws,
presidential decrees or issuances, executive
orders, letters of instruction, administrative
orders, rules and regulations contrary to or
inconsistent with the provisions of this Act are
hereby repealed, modified or amended
accordingly.
Section 5.Effectivity. This Act shall take effect
fifteen (15) days after its complete publication in
at least two (2) newspapers of general
circulation.

Republic of the Philippines

CONGRESS OF THE PHILIPPINES
Metro Manila

170
Fifteenth Congress (d) Dangerous drugs and other similar
Third Regular Session substances refer to drugs listed in the
schedules annexed to the 1961 Single
Begun and held in Metro Manila, on Monday, the
Convention on Narcotics Drugs, as
twenty-third day of July, two thousand twelve.
amended by the 1972 Protocol, and in
REPUBLIC ACT No. 10586 the schedules annexed to the 1971
Single Convention of Psychotropic
AN ACT PENALIZING PERSONS DRIVING Substances as enumerated in its
UNDER THE INFLUENCE OF ALCOHOL, attachment which is an integral part of
DANGEROUS DRUGS, AND SIMILAR Republic Act No. 9165, otherwise known
SUBSTANCES, AND FOR OTHER PURPOSES as the "Comprehensive Dangerous
Be it enacted by the Senate and House of Drugs Act of 2002 and those that the
Representatives of the Philippines in Congress Board may reclassify, add to or remove
assembled: from the list of dangerous drugs.
Section 1.Short Title. This Act shall be known (e) Driving under the influence of
as the "Anti-Drunk and Drugged Driving Act of alcohol refers to the act of operating a
2013. motor vehicle while the drivers blood
alcohol concentration level has, after
Section 2. Declaration of Policy. Pursuant to
being subjected to a breath analyzer
the Constitutional principle that recognizes the
test, reached the level of intoxication, as
protection of life and property and the promotion
established jointly by the Department of
of the general welfare as essential for the
Health (DOH), the National Police
enjoyment of the blessing of democracy, it is
Commission (NAPOLCOM) and the
hereby declared the policy of the State to ensure
Department of Transportation and
road safety through the observance of the
Communications (DOTC).
citizenry of responsible and ethical driving
standards. (f) Driving under the influence of
dangerous drugs and other similar
Towards this end, the State shall penalize the
substancesrefers to the act of operating
acts of driving under the influence of alcohol,
a motor vehicle while the driver, after
dangerous drugs and other intoxicating
being subjected to a confirmatory test as
substances and shall inculcate the standards of
mandated under Republic Act No. 9165,
safe driving and the benefits that may be derived
is found to be positive for use of any
from it through institutional programs and
dangerous drug.
appropriate public information strategies.
(g) Field sobriety tests refer to
Section 3. Definition of Terms. For purposes
standardized tests to initially assess and
of this Act:
determine intoxication, such as the
(a)Alcoholrefers to alcoholic beverages horizontal gaze nystagmus, the walk-
classified into beer, wine and distilled and-turn, the one-leg stand, and other
spirits, the consumption of which similar tests as determined jointly by the
produces intoxication. DOH, the NAPOLCOM and the DOTC.
(b) Breath analyzer refers to the (h) Motor vehicle refers to any land
equipment which can determine the transportation vehicle propelled by any
blood alcohol concentration level of a power other than muscular power.
person through testing of his breath.
(i) Motor vehicles designed to carry
(c)Chemical testsrefer to breath, saliva, hazardous materials refer to those
urine or blood tests to determine the designed to carry or transport materials
blood alcohol concentration level and/or which may endanger health and lives of
positive indication of dangerous drugs the public.
and similar substances in a persons
(j) Public utility vehicles refer to motor
body.
vehicles for hire and used to carry or
transport passengers or goods.

171
Section 4.Drivers Education. Every applicant Law enforcement officers and deputized local
for a motor vehicle drivers license shall traffic enforcement officers shall be responsible
complete a course of instruction that provides in implementing this section.
information on safe driving including, but not Section 7. Mandatory Alcohol and Chemical
limited to, the effects of the consumption of Testing of Drivers Involved in Motor Vehicular
alcoholic beverages on the ability of a person to Accidents. A driver of a motor vehicle involved
operate a motor vehicle, the hazards of driving in a vehicular accident resulting in the loss of
under the influence of alcohol, dangerous drugs human life or physical injuries shall be subjected
and/or other similar substances, and the to chemical tests, including a drug screening test
penalties attached for violation thereof. and, if necessary, a drug confirmatory test as
For professional drivers, every applicant for a mandated under Republic Act No. 9165, to
drivers license or those applying for renewal determine the presence and/or concentration of
thereof shall undergo the drivers education alcohol, dangerous drugs and/or similar
herein stated. substances in the bloodstream or body.
The drivers license written examination shall Section 8. Refusal to Subject Oneself to
include questions concerning the effects of Mandatory Tests. A driver of a motor vehicle
alcohol and drug intoxication on the ability of a who refuses to undergo the mandatory field
person to operate a motor vehicle and the legal sobriety and drug tests under Sections 6, 7 and
and pecuniary consequences resulting from 15 of this Act shall be penalized by the
violation of the provisions of this Act. confiscation and automatic revocation of his or
her drivers license, in addition to other penalties
Section 5.Punishable Act. It shall be unlawful
provided herein and/or other pertinent laws.
for any person to drive a motor vehicle while
under the influence of alcohol, dangerous drugs Section 9. Acquisition of Equipment. Within
and/or other similar substances. four (4) months from the effectivity of this Act,
the Land Transportation Office (LTO) and the
Section 6. Conduct of Field Sobriety, Chemical
Philippine National Police (PNP) shall acquire
and Confirmatory Tests. A law enforcement
sufficient breath analyzers and drug-testing kits
officer who has probable cause to believe that a
to be utilized by law enforcement officers and
person is driving under the influence of alcohol,
deputized local traffic enforcement officers
dangerous drugs and/or other similar
nationwide giving priority to areas with high
substances by apparent indications and
reported occurrences of accidents. For purposes
manifestations, including overspeeding,
of acquiring these equipment and for the training
weaving, lane straddling, sudden stops,
seminars indicated in Section 10 hereof, the LTO
swerving, poor coordination or the evident smell
shall utilize the Special Road Safety Fund
of alcohol in a persons breath or signs of use of
allotted for this purpose as provided under
dangerous drugs and other similar substances,
Section 7 of Republic Act No. 8794, entitled: "An
shall conduct field sobriety tests.
Act Imposing a Motor Vehicle Users Charge on
If the driver fails in the sobriety tests, it shall be Owners of All Types of Motor Vehicles and for
the duty of the law enforcement officer to Other Purposes". Additional yearly
implement the mandatory determination of the appropriations for the purchase of breath
drivers blood alcohol concentration level analyzers and drug-testing kits shall be provided
through the use of a breath analyzer or similar annually under the General Appropriations Act.
measuring instrument.
Section 10. Deputation. The LTO may
If the law enforcement officer has probable deputize traffic enforcement officers of the PNP,
cause to believe that a person is driving under the Metropolitan Manila Development Authority
the influence of dangerous drugs and/or other (MMDA) and cities and municipalities in order to
similar substances, it shall be the duty of the law enforce the provisions of this Act.
enforcement officer to bring the driver to the
S e c t i o n 11 . L a w E n f o r c e m e n t O f fi c e r
nearest police station to be subjected to a drug
Education. The LTO and the PNP shall
screening test and, if necessary, a drug
conduct training seminars for their law enforcers
confirmatory test as mandated under Republic
and deputies with regard to the proper conduct
Act No. 9165.

172
of field sobriety tests and breath analyzer tests granted any kind of drivers license
every year. Within four (4) months from the thereafter.
effectivity of this Act, the LTO shall publish the The prosecution for any violation of this Act shall
guidelines and procedures for the proper be without prejudice to criminal prosecution for
conduct of field sobriety tests, which guidelines violation of the Revised Penal Code, Republic
shall be made available to the public and made Act No. 9165 and other special laws and existing
available for download through the official LTO local ordinances, whenever applicable.
website.
Section 13. Direct Liability of Operator and/or
Section 12. Penalties. A driver found to have Owner of the Offending Vehicle. The owner
been driving a motor vehicle while under the and/or operator of the vehicle driven by the
influence of alcohol, dangerous drugs and/or offender shall be directly and principally held
other similar substances, as provided for under liable together with the offender for the fine and
Section 5 of this Act, shall be penalized as the award against the offender for civil damages
follows: unless he or she is able to convincingly prove
(a) If the violation of Section 5 did not that he or she has exercised extraordinary
result in physical injuries or homicide, diligence in the selection and supervision of his
the penalty of three (3) months or her drivers in general and the offending driver
imprisonment, and a fine ranging from in particular.
Twenty thousand pesos (Php20,000.00) This section shall principally apply to the owners
to Eighty thousand pesos and/or operators of public utility vehicles and
(Php80,000.00) shall be imposed; commercial vehicles such as delivery vans,
(b) If the violation of Section 5 resulted cargo trucks, container trucks, school and
in physical injuries, the penalty provided company buses, hotel transports, cars or vans
in Article 263 of the Revised Penal Code for rent, taxi cabs, and the like.
or the penalty provided in the next S e c t i o n 1 4 . N a t i o n w i d e I n f o r m a t i o n
preceding subparagraph, whichever is Campaign. Within one (1) month from the
higher, and a fine ranging from One promulgation of the implementing rules and
hundred thousand pesos regulations as provided under Section 17 hereof,
(Php100,000.00) to Two hundred the Philippine Information Agency (PIA), in
thousand pesos (Php200,000.00) shall coordination with the LTO, the local government
be imposed; units (LGUs) and other concerned agencies,
(c) If the violation of Section 5 resulted shall conduct information, education and
in homicide, the penalty provided in communication (IEC) campaign for the
Article 249 of the Revised Penal Code attainment of the objectives of this Act.
and a fine ranging from Three hundred Section 15. Nationwide Random Terminal
thousand pesos (Php300,000.00) to Inspection and Quick Random Drug Tests. The
Five hundred thousand pesos LTO shall conduct random terminal inspections
(Php500,000.00) shall be imposed; and and quick random drug tests of public utility
(d) The nonprofessional drivers license drivers. The cost of such tests shall be defrayed
of any person found to have violated by the LTO.
Section 5 of this Act shall also be Section 16. Review of Penalties. The LTO
confiscated and suspended for a period shall, after five (5) years from the effectivity of
of twelve (12) months for the first this Act and every five (5) years thereafter,
conviction and perpetually revoked for review the applicability and enforcement of all
the second conviction. The professional foregoing pecuniary penalties and shall initiate
drivers license of any person found to amendment and/or upgrade the same as may
have violated Section 5 of this Act shall be necessary, subject to the approval of the
also be confiscated and perpetually Secretary of the DOTC.1wphi1
revoked for the first conviction. The
perpetual revocation of a drivers license S e c t i o n 1 7 . I m p l e m e n t i n g R u l e s a n d
shall disqualify the person from being Regulations. The DOTC, the DOH and the
NAPOLCOM shall, within three (3) months from

173
the effectivity of this Act, jointly promulgate the
necessary implementing rules and regulations to Republic of the Philippines
carry out the provisions of this Act. MALACAANG
Section 18. Separability Clause. If, for any Manila
reason, any part or provision of this Act is
declared invalid, such declaration shall not affect Presidential Decree No. 1866
the other provisions of this Act.
Section 19.Repealing Clause. Subparagraph June 29, 1983
(f), Section 56, Article 1 of Republic Act No.
4136, otherwise known as the "Land
Transportation and Traffic Code", as amended; Amended byRA 9516 "Section 3 and 4"
subparagraph (f), Section 5 of Republic Act No. CODIFYING THE LAWS ON ILLEGAL/
7924, otherwise known as "An Act Creating the UNLAWFUL POSSESSION, MANUFACTURE,
Metropolitan Manila Development Authority, DEALING IN, ACQUISITION OR
Defining its Powers and Functions, Providing DISPOSITION, OF FIREARMS, AMMUNITION
Funds Therefor and for Other Purposes;" OR EXPLOSIVES OR INSTRUMENTS USED
subparagraph (a), Section 36 of Republic Act IN THE MANUFACTURE OF FIREARMS,
No. 9165; and all other laws, orders, issuances, AMMUNITION OR EXPLOSIVES, AND
circulars, rules and regulations or parts thereof IMPOSIN G STIFFER PEN A LTIES FOR
which are inconsistent with any provision of this CERTAIN VIOLATIONS THEREOF AND FOR
Act are hereby repealed or modified accordingly. RELEVANT PURPOSES"
Section 20. Effectivity. This Act shall take WHEREAS, there has been an upsurge of
effect after fifteen (15) days from its publication crimes vitally affecting public order and safety
in the Official Gazette or in two (2) national due to the proliferation of illegally possessed
newspapers of general circulation. and manufactured firearms, ammunition and
explosives;
WHEREAS, these criminal acts have resulted in
loss of human lives, damage to property and
destruction of valuable resources of the country;
WHEREAS, there are various laws and
presidential decrees which penalized illegal
possession and manufacture of firearms,
ammunition and explosives;
WHEREAS, there is a need to consolidate,
codify and integrate said laws and presidential
decrees to harmonize their provisions;
WHEREAS, there are some provisions in said
laws and presidential decrees which must be
updated and revised in order to more effectively
deter violators of the law on firearms,
ammunition and explosives.
NOW, THEREFORE, I, FERDINAND E.
MARCOS, President of the Philippines, by virtue
of the powers in me vested by the Constitution,
do hereby decree:1awphi1
Section 1. Unlawful Manufacture, Sale,
Acquisition, Disposition or Possession of
Firearms or Ammunition or Instruments Used or
Intended to be Used in the Manufacture of
Firearms of Ammunition. - The penalty of

174
reclusion temporal in its maximum period to Any person who commits any of the crimes
reclusion perpetua shall be imposed upon any defined in the Revised Penal Code or special
person who shall unlawfully manufacture, deal laws with the use of the aforementioned
in, acquire, dispose, or possess any firearm, part explosives, detonation agents or incendiary
of firearm, ammunition or machinery, tool or devices, which results in the death of any person
instrument used or intended to be used in the or persons shall be punished with the penalty of
manufacture of any firearm or ammunition. death.
If homicide or murder is committed with the use If the violation of this Section is in furtherance of,
of an unlicensed firearm, the penalty of death or incident to, or in connection with the crimes of
shall be imposed. rebellion, insurrection or subversion, the penalty
of death shall be imposed.
If the violation of this Section is in furtherance of,
or incident to, or in connection with the crimes of The penalty of reclusion temporal in its
rebellion, insurrection or subversion, the penalty maximum period to reclusion perpetua shall be
of death shall be imposed. imposed upon the owner, president, manager,
director or other responsible officer of any public
The penalty of reclusion temporal in its
or private firm, company, corporation or entity,
maximum period to reclusion perpetua shall be
who shall willfully or knowingly allow any of the
imposed upon the owner, president, manager,
explosives owned by such firm, company,
director or other responsible officer of any public
corporation or entity to be used by any person or
or private firm, company, corporation or entity,
persons found guilty of violating the provisions of
who shall willfully or knowingly allow any of the
the preceding paragraphs.
firearms owned by such firm, company,
corporation or entity to be used by any person or S e c t i o n 4 . P r e s u m p t i o n o f U n l a w f u l
persons found guilty of violating the provisions of Manufacture. - The possession of any
the preceding paragraphs. machinery, tool or instrument directly used in the
manufacture of explosives, by any person
The penalty of prision mayor shall be imposed
whose business or employment does not
upon any person who shall carry any licensed
lawfully deal with the manufacture of explosives
firearm outside his residence without legal
shall be prima facie evidence that such article is
authority therefor.
intended to be used in the unlawful/illegal
Section 2.Presumption of Illegal Manufacture of manufacture of explosives.
Firearms or Ammunition. - The possession of
Section 5. Tampering of Firearm's Serial
any machinery, tool or instrument used directly
Number.- The penalty of prision mayor shall be
in the manufacture of firearms or ammunition, by
imposed upon any person who shall unlawfully
any person whose business or employment
tamper, change, deface or erase the serial
does not lawfully deal with the manufacture of
number of any firearm.
firearms or ammunition, shall be prima facie
evidence that such article is intended to be used S e c t i o n 6 . R e p a c k i n g o r A l t e r i n g t h e
in the unlawful/illegal manufacture of firearms or Composition of Lawfully Manufactured
ammunition. Explosives. - The penalty of prision mayor shall
be imposed upon any person who shall
Section 3. Unlawful Manufacture, Sales,
unlawfully repack, alter or modify the
Acquisition, Disposition or Possession of
composition of any lawfully manufactured
Explosives. - The penalty of reclusion temporal
explosives.
in its maximum period to reclusion perpetua
shall be imposed upon any person who shall Section 7. Unauthorized Issuance of Authority
unlawfully manufacture, assemble, deal in, to Carry Firearm and/or Ammunition Outside of
acquire, dispose or possess handgrenade(s), Residence.- The penalty of prision correccional
rifle grenade(s) and other explosives, including shall be imposed upon any person, civilian or
but not limited to "philbox bombs", "molotov military, who shall issue authority to carry firearm
cocktail bomb", "fire-bombs", or other incendiary and/or ammunition outside of residence, without
devices capable of producing destructive effect authority therefor.
on contiguous objects or causing injury or death Section 8. Rules and Regulations. - The Chief
to any person.1awphi1ITC of the Philippine Constabulary shall promulgate

175
the rules and regulations for the effective Be it enacted by the Senate and House of
implementation of this Decree. Representatives of the Philippines in Congress
assembled::
Section 9. Repealing Clause. - The provisions
of Republic Act No. 4, Presidential Decree No. 9, Section 1.Sec. 1Presidential Decree No. 1866,
Presidential Decree No. 1728 and all laws, as amended, is hereby further amended to read
decrees, orders, instructions, rules and as follows:
regulations which are inconsistent with this "Sec. 1. Unlawful manufacture, sale,
Decree are hereby repealed, amended or acquisition, disposition or possession of
modified accordingly. firearms or ammunition or instruments
Section 10. Effectivity. - This Decree shall take used or intended to be used in the
effect after fifteen (15) days following the manufacture of firearms or ammunition.
completion of its publication in the Official The penalty of prision correccional in
Gazette. its maximum period and a fine of not
less than Fifteen thousand pesos
Done in the City of Manila, this 29th day of June,
(P15,000) shall be imposed upon any
in the year of Our Lord, nineteen hundred and
person who shall unlawfully
eighty-three.
manufacture, deal in, acquire, dispose,
or possess any low powered firearm,
such as rimfire handgun, .380 or .32 and
other firearm of similar firepower, part of
firearm, ammunition, or machinery, tool
or instrument used or intended to be
used in the manufacture of any firearm
or ammunition: Provided, That no other
crime was committed.
"The penalty of prision mayor in its
Republic of the Philippines minimum period and a fine of Thirty
Congress of the Philippines thousand pesos (P30,000) shall be
Metro Manila imposed if the firearm is classified as
high powered firearm which includes
Tenth Congress those with bores bigger in diameter than
.38 caliber and 9 millimeter such as
caliber .40, .41, .44, .45 and also lesser
Republic Act No. 8294 calibered firearms but considered
powerful such as caliber .357 and
June 6, 1997 caliber .22 center-fire magnum and
other firearms with firing capability of full
AN ACT AMENDING THE PROVISIONS OF
automatic and by burst of two or three:
PRESIDENTIAL DECREE NO. 1866, AS
Provided, however, That no other crime
AMENDED, ENTITLED "CODIFYING THE
was committed by the person arrested.
LAWS ON ILLEGAL/UNLAWFUL
POSSESSION, MANUFACTURE, DEALING IN, "If homicide or murder is committed with
ACQUISITION OR DISPOSITION OF the use of an unlicensed firearm, such
FIREARMS, AMMUNITION OR EXPLOSIVES use of an unlicensed firearm shall be
OR INSTRUMENTS USED IN THE considered as an aggravating
MANUFACTURE OF FIREARMS, circumstance.
AMMUNITION OR EXPLOSIVES, AND "If the violation of this Sec. is in
IMPOS IN G STIFFE R P EN A LTIES FOR furtherance of or incident to, or in
CERTAIN VIOLATIONS THEREOF, AND FOR connection with the crime of rebellion or
RELEVANT PURPOSES." insurrection, sedition, or attempted coup
d'etat, such violation shall be absorbed
as an element of the crime of rebellion,

176
 or insurrection, sedition, or attempted shall be considered as an aggravating
coup d'etat. circumstance.
"The same penalty shall be imposed "If the violation of this Sec. is in
upon the owner, president, manager, furtherance of, or incident to, or in
director or other responsible officer of connection with the crime of rebellion,
any public or private firm, company, insurrection, sedition or attempted coup
corporation or entity, who shall willfully d'etat, such violation shall be absorbed
or knowingly allow any of the firearms as an element of the crimes of rebellion,
o w n e d b y s u c h fi r m , c o m p a n y, insurrection, sedition or attempted coup
corporation or entity to be used by any d'etat.
person or persons found guilty of "The same penalty shall be imposed
violating the provisions of the preceding upon the owner, president, manager,
paragraphs or willfully or knowingly director or other responsible officer of
allow any of them to use unlicensed any public or private firm, company,
firearms or firearms without any legal corporation or entity, who shall willfully
authority to be carried outside of their or knowingly allow any of the explosives
residence in the course of their o w n e d b y s u c h fi r m , c o m p a n y,
employment. corporation or entity, to be used by any
"The penalty of arresto mayor shall be person or persons found guilty of
imposed upon any person who shall violating the provisions of the preceding
carry any licensed firearm outside his paragraphs."
residence without legal authority Section 3. Sec. 5 of Presidential Decree No.
therefor." 1866, as amended, is hereby further amended
Section 2. Sec. 3 of Presidential Decree No. to read as follows:
1866, as amended, is hereby further amended "Sec. 5. Tampering of firearm's serial
to read as follows: number. The penalty of prision
"Sec. 3. Unlawful manufacture, sale, correccional shall be imposed upon any
acquisition, disposition or possession of person who shall unlawfully tamper,
explosives. The penalty of prision change, deface or erase the serial
mayor in its maximum period to number of any firearm."
reclusion temporal and a fine of not less Section 4. Sec. 6 of Presidential Decree No.
than Fifty thousand pesos (P50,000) 1866, as amended, is hereby further amended
shall be imposed upon any person who to read as follows:
shall unlawfully manufacture, assemble,
deal in, acquire, dispose or possess "Sec. 6. Repacking or altering the
hand grenade(s), rifle grenade(s), and composition of lawfully manufactured
other explosives, including but not explosives. The penalty of prision
limited to 'pillbox,' 'molotov cocktail correccional shall be imposed upon any
bombs,' 'fire bombs,' or other incendiary person who shall unlawfully repack, alter
devices capable of producing or modify the composition of any lawfully
destructive effect on contiguous objects manufactured explosives."
or causing injury or death to any person. Section 5. Coverage of the Term Unlicensed
"When a person commits any of the Firearm. The term unlicensed firearm shall
crimes defined in the Revised Penal include:
Code or special laws with the use of the 1) firearms with expired license; or
aforementioned explosives, detonation
agents or incendiary devices, which 2) unauthorized use of licensed firearm
results in the death of any person or in the commission of the crime.
persons, the use of such explosives, Section 6. Rules and regulations. The
detonation agents or incendiary devices Department of Justice and the Department of
the Interior and Local Government shall jointly

177
issue, within ninety (90) days after the approval
of this Act, the necessary rules and regulations
pertaining to the administrative aspect of the
provisions hereof, furnishing the Committee on
Public Order and Security and the Committee on
Justice and Human Rights of both Houses of
Congress copies of such rules and regulations
within thirty (30) days from the promulgation
hereof.
Section 7. Separability clause. If, for any
reason, any Sec. or provision of this Act is
declared to be unconstitutional or invalid, the
other Sec.s or provisions thereof which are not
affected thereby shall continue to be in full force
and effect.
Section 8. Repealing clause. All laws,
decrees, orders, rules and regulations or parts
thereof inconsistent with the provisions of this
Act are hereby repealed, amended, or modified
accordingly.
Section 9. Effectivity. This Act shall take
effect after fifteen (15) days following its
publication in the Official Gazette or in two (2)
newspapers of general circulation.
Approved:June 6, 1997.

Republic of the Philippines

Congress of the Philippines
Metro Manila
Fourteenth Congress
Second Regular Session

Begun and held in Metro Manila, on Monday, the

twenty-third day of July, two thousand seven.

Republic Act No. 9516

December 22

AmendingSection 3 and 4 of PD 1866
AN ACT FURTHER AMENDING THE
PROVISIONS OF PRESIDENTIAL DECREE
N O . 1 8 6 6 , A S A M E N D E D , E N T I T L E D
CODIFYING THE LAWS ON ILLEGAL/
UNLAWFUL POSSESSION, MANUFACTURE,
DEALING IN, ACQUISITION OR DISPOSITION

178
OF FIREARMS, AMMUNITION OR purpose of surrendering it to the proper
EXPLOSIVES OR INSTRUMENTS USED IN authorities shall not be a violation of this
T H E M A N U FA C T U R E O F F I R E A R M S , Section.
AMMUNITION OR EXPLOSIVES, AND "Provided,finally, That in addition to the
IMPOS IN G STIFFE R P EN A LTIES FOR instances provided in the two (2)
CERTAIN VIOLATIONS THEREOF, AND FOR immediately preceeding paragraphs, the
OTHER RELEVANT PURPOSES" court may determine the absence of the
Be it enacted by the Senate and House of intent to possess, otherwise referred to
Representatives of the Philippines in Congress as 'animus possidendi", in accordance
assembled:: with the facts and circumstances of
each case and the application of other
Section 1.Section 3 ofPresidential Decree No.
pertinent laws, among other things,
1866, as amended, is hereby further amended
Articles 11 and 12 of the Revised Penal
to read as follows:
Code, as amended."
"Section 3. Unlawful Manufacture,
Section 2.Section 4 ofPresidential Decree No.
Sales, Acquisition, Disposition,
1866, as amended, is hereby further amended
Importation or Possession of an
to read as follows:
Explosive or Incendiary Device. - The
penalty of reclusion perpetua shall be "SEC 3-A.Unlawful Manufacture, Sales,
imposed upon any person who shall Acquisition, Disposition, Importation or
willfully and unlawfully manufacture, Possession of a Part, Ingredient,
assemble, deal in, acquire, dispose, Machinery, Tool or Instrument Used or
import or possess any explosive or Intended to be Used for the
incendiary device, with knowledge of its Manufacture, Construction, Assembly,
existence and its explosive or incendiary Delivery or Detonation. - The penalty of
character, where the explosive or reclusion perpetua shall be imposed
incendiary device is capable of upon any person who shall willfully and
p r o d u c i n g d e s t r u c t i v e e ff e c t o n unlawfully manufacture, assemble, deal
contiguous objects or causing injury or in, acquire, dispose, import or possess
death to any person, including but not any part, ingredient, machinery, tool or
limited to, hand grenade(s), rifle instrument of any explosive or
grenade(s), 'pillbox bomb', 'molotov incendiary device, whether chemical,
cocktail bomb', 'fire bomb', and other mechanical, electronic, electrical or
similar explosive and incendiary otherwise, used or intended to be used
devices. by that person for its manufacture,
construction, assembly, delivery or
"Provided, That mere possession of any
detonation, where the explosive or
explosive or incendiary device shall
incendiary device is capable or is
beprima facieevidence that the person
intended to be made capable of
had knowledge of the existence and the
p r o d u c i n g d e s t r u c t i v e e ff e c t o n
explosive or incendiary character of the
contiguous objects or causing injury or
device.
death to any person.
"Provided, however, That a temporary,
"Provided, That the mere possession of
incidental, casual, harmless, or transient
any part, ingredient, machinery, tool or
possession or control of any explosive
instrument directly used in the
or incendiary device, without the
manufacture, construction, assembly,
knowledge of its existence or its
delivery or detonation of any explosive
explosive or incendiary character, shall
or incendiary device, by any person
not be a violation of this Section.
whose business activity, or employment
"Provided, Further, That the temporary, does not lawfully deal with the
incidental, casual, harmless, or transient possession of such article shall beprima
possession or control of any explosive facie evidence that such article is
or incendiary device for the sole intended to be used by that person in

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

180
a fine of Five hundred Thousand pesos ingredient, machinery, tool or instrument
(P500,000.00) in addition to the of any explosive or incendiary device,
administrative liability he/she may be whether chemical, mechanical,
meted out by his/her immediate superior electronic, electrical or otherwise, shall
and/or appropriate body. suffer the penalty ofreclusion perpetua.
"The immediate superior of the member "Planting of evidence shall mean the
of the law enforcement agency or any willful act by any person of maliciously
other government employee mentioned and surreptitiously inserting, placing,
in the preceding paragraph shall be adding or attaching, directly or indirectly,
penalized with prision correccional and through any overt or covert act,
a fine of not less than Ten Thousand whatever quantity of any explosive or
pesos (P10,000.00) but not more than incendiary device or any part,
Fifty thousand pesos (P50,000.00) and ingredient, machinery, tool or instrument
in addition, perpetual absolute of any explosive or incendiary device,
disqualification from public office if whether chemical, mechanical,
despite due notice to them and to the electronic, electrical or otherwise in the
witness concerned, the former does not person, house, effects or in the
exert reasonable effort to present the immediate vicinity of an innocent
latter to the court. individual for the purpose of implicating
incriminating or imputing the
"The member of the law enforcement
commission of any violation of this
agency or any other government
Decree.
employee mentioned in the preceding
paragraphs shall not be transferred or "SEC. 4-B. Continuous Trial. - In cases
reassigned to any other government involving violations of this Decree, the
office located in another territorial judge shall set the case for continuous
jurisdiction during the pendency of the trial on a daily basis from Monday to
case in court. However, the concerned Friday or other short-term trial calendar
member of the law enforcement agency so as to ensure speedy trial. Such case
or government employee may be shall be terminated within ninety (90)
transferred or reassigned for compelling days from arraignment of the accused.
r e a s o n s : P r o v i d e d , T h a t h i s / h e r "SEC. 4-C. Authority to Import, Sell or
immediate superior shall notify the court Possess Chemicals or Accessories for
where the case is pending of the order Explosives. - Only persons or entities
to transfer or reassign, within twenty- issued a manufacturer's license,
four (24) hours from its dealer's license or purchaser's license
approval:Provided,further, That his/her by the Philippine National Police (PNP)-
immediate superior shall be penalized Firearms and Explosives Division may
with prision correccional and a fine of import any of the chemical or
not less than Ten thousand pesos accessories that can be used in the
(P10,000.00) but not more than Fifty manufacture of explosives or explosive
thousand pesos (P50,000.00) and in ingredients from foreign suppliers, or
addition, perpetual absolute possess or sell them to licensed dealers
disqualification from public office, should or end users, as the case may be.
he/she fail to notify the court of such
order to transfer or reassign. "SEC. 4-D. Types of Chemicals/
Accessories Covered. - The chemicals
"Prosecution and punishment under this and accessories mentioned in the
Section shall be without prejudice to any preceding Section shall exclusively refer
liability for violation of any existing law. to chlorates, nitrates, nitric acid and
"SEC 4-A. Criminal Liability for Planting such other chemicals and accessories
of Evidence. - Any person who is found that can be used for the manufacture of
guilty of 'planting' any explosive or explosives and explosive ingredients.
incendiary device or any part,

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

182
such as, hut not limited to, laser scope, distribution under the provisions of this
telescopic sight and sound suppressor Act.
or silencer. (h) Authorized manufacturer refers to
(b) Ammunition refers to a complete any person, legal entity, corporation, or
unfixed unit consisting of a bullet, partnership duly licensed by the FEO of
gunpowder, cartridge case and primer or the PNP to engage in the business of
loaded shell for use in any firearm. manufacturing firearms, and ammunition
or parts thereof for purposes of sale or
(c) Antique firearm refers to any: (1)
distribution.1wphi1
firearm which was manufactured at least
seventy-five (75) years prior to the (i) Confiscated firearm refers to a
current date but not including replicas; firearm that is taken into custody by the
(2) firearm which is certified by the PNP, National Bureau of Investigation
National Museum of the Philippines to (NBI), Philippine Drug Enforcement
be curio or relic of museum interest; and Agency (PDEA), and all other law
(3) any other firearm which derives a enforcement agencies by reason of their
substantial part of its monetary value mandate and must be necessarily
from the fact that it is novel, rare, bizarre reported or turned over to the PEO of
or because of its association with some the PNP.
historical figure, period or event. (j) Demilitarized firearm refers to a
(d)Arms smugglingrefers to the import, firearm deliberately made incapable of
export, acquisition, sale, delivery, performing its main purpose of firing a
movement or transfer of firearms, their projectile.
parts and components and ammunition, (k) Duty detail order refers to a
from or across the territory of one document issued by the juridical entity
country to that of another country which or employer wherein the details of the
has not been authorized in accordance disposition of firearm is spelled-out, thus
with domestic law in either or both indicating the name of the employee,
country/countries. the firearm information, the specific
(e) Authority to import refers to a duration and location of posting or
document issued by the Chief of the assignment and the authorized bonded
Philippine National Police (PNP) firearm custodian for the juridical entity
authorizing the importation of firearms, to whom such firearm is turned over
or their parts, ammunition and other after the lapse of the order.
components. (l) Firearm refers to any handheld or
(f) Authorized dealer refers to any portable weapon, whether a small arm
person, legal entity, corporation, or light weapon, that expels or is
partnership or business entity duly designed to expel a bullet, shot, slug,
licensed by the Firearms and Explosive missile or any projectile, which is
Office (FEO) of the PNP to engage in discharged by means of expansive force
the business of buying and selling of gases from burning gunpowder or
ammunition, firearms or parte thereof, at other form of combustion or any similar
wholesale or retail basis. instrument or implement. For purposes
of this Act, the barrel, frame or receiver
(g) Authorized importer refers to any
is considered a firearm.
person, legal entity, corporation,
partnership or business duly licensed by (m) Firearms Information Management
the FEO of the PNP to engage in the System (FIMS)refers to the compilation
business of importing ammunition and of all data and information on firearms
firearms, or parts thereof into the ownership and disposition for record
territory of the Republic of the purposes.
Philippines for purposes of sale or (n) Forfeited firearm refers to a firearm
that is subject to forfeiture by reason of

183
court order as accessory penalty or for guns not exceeding caliber 7.62MM
the disposition by the FEO of the PNP of which have fully automatic mode; and
firearms considered as abandoned, Class-B Light weapons which refer to
surrendered, confiscated or revoked in weapons designed for use by two (2) or
compliance with existing rules and more persons serving as a crew, or rifles
regulations. and machine guns exceeding caliber
7.62MM such as heavy machine guns,
(o) Gun club refers to an organization
handheld underbarrel and mounted
duly registered with and accredited in
grenade launchers, portable anti-aircraft
good standing by the FEO of the PNP
guns, portable anti-tank guns, recoilless
which is established for the purpose of
rifles, portable launchers of anti-tank
propagating responsible and safe gun
missile and rocket systems, portable
ownership, proper appreciation and use
launchers of anti-aircraft missile
of firearms by its members, for the
systems, and mortars of a caliber of less
purpose of sports and shooting
than 100MM.
competition, self-defense and collection
purposes. (u) Long certificate of registration refers
to licenses issued to government
(p)Gunsmithrefers to any person, legal
agencies or offices or government-
entity, corporation, partnership or
owned or -controlled corporations for
business duly licensed by the FEO of
firearms to be used by their officials and
the PNP to engage in the business of
employees who are qualified to possess
repairing firearms and other weapons or
firearms as provider in this Act,
constructing or assembling firearms and
excluding security guards.
weapons from finished or manufactured
parts thereof on a per order basis and ( v ) L o o s e fi r e a r m r e f e r s t o a n
not in commercial quantities or of unregistered firearm, an obliterated or
making minor parts for the purpose of altered firearm, firearm which has been
repairing or assembling said firearms or lost or stolen, illegally manufactured
weapons. firearms, registered firearms in the
possession of an individual other than
(q)Imitation firearmrefers to a replica of
the licensee and those with revoked
a firearm, or other device that is so
licenses in accordance with the rules
substantially similar in coloration and
and regulations.
overall appearance to an existing
firearm as to lead a reasonable person (w) Major part or components of a
to believe that such imitation firearm is a firearmrefers to the barrel, slide, frame,
real firearm. receiver, cylinder or the bolt assembly.
The term also includes any part or kit
(r)Licensed citizenrefers to any Filipino
designed and intended for use in
who complies with the qualifications set
converting a semi-automatic burst to a
forth in this Act and duly issued with a
full automatic firearm.
license to possess or to carry firearms
outside of the residence in accordance (x)Minor parts of a firearmrefers to the
with this Act. parts of the firearm other than the major
parts which are necessary to effect and
(s) Licensed, juridical entity refers to
complete the action of expelling a
corporations, organizations, businesses
projectile by way of combustion, except
including security agencies and local
those classified as accessories.
government units (LGUs) which are
licensed to own and possess firearms in (y) Permit to carry firearm outside of
accordance with this Act. residence refers to a written authority
issued to a licensed citizen by the Chief
(t) Light weapons are: Class-A Light
of the PNP which entitles such person to
weapons which refer to self-loading
carry his/her registered or lawfully
pistols, rifles and carbines, submachine
issued firearm outside of the residence
guns, assault rifles and light machine

184
for the duration and purpose specified in containing chambers for
the authority. individual cartridges.
(z)Permit to transport firearmrefers to a (2) Rifle which is a shoulder
written authority issued to a licensed firearm or designed to be fired
citizen or entity by the Chief of the PNP from the shoulder that can
or by a PNP Regional Director which discharge a bullet through a
entitles such person or entity to rifled barrel by different actions
transport a particular firearm from and to of loading, which may be
a specific location within the duration classified as lever, bolt, or self-
and purpose in the authority. loading; and
(aa) Residence refers to the place or (3) Shotgun which is a weapon
places of abode of the licensed citizen designed, made and intended to
as indicated in his/her license. fire a number of ball shots or a
single projectile through a
(bb) Shooting range refers to a facility
smooth bore by the action or
established for the purpose of firearms
energy from burning gunpowder.
training and skills development, firearm
testing, as well as for sports and (ee) Sports shooting competition refers
competition shooting either for the to a defensive, precision or practical
exclusive use of its members or open to sport shooting competition duly
the general public, duly registered with authorized by the FEO of the PNP.
and accredited in good standing by the (ff) Tampered, obliterated or altered
FEO of the PNP. firearm refers to any firearm whose
( c c ) S h o r t c e r t i fi c a t e o f serial number or other identification or
registration refers to a certificate issued ballistics characteristics have been
by the FEO of the PNP for a government intentionally tampered with, obliterated
official or employee who was issued by or altered without authority or in order to
his/her employer department, agency or conceal its source, identity or
government-owned or -controlled ownership.
corporation a firearm covered by the (gg) Thermal weapon sight refers to a
long certificate of registration. battery operated, uncooled thermal
(dd) Small arms refer to firearms imaging device which amplifies available
intended to be or primarily designed for thermal signatures so that the viewed
individual use or that which is generally scene becomes clear to the operator
considered to mean a weapon intended which is used to locate and engage
to be fired from the hand or shoulder, targets during daylight and from low light
which are not capable of fully automatic to total darkness and operates in
bursts of discharge, such as: adverse conditions such as light rain,
light snow, and dry smoke or in
(1) Handgun which is a firearm
conjunction with other optical and red
intended to be fired from the
dot sights.
hand, which includes:
ARTICLE II
(i) A pistol which is a
OWNERSHIP AND POSSESSION OF
hand-operated firearm
FIREARMS
having a chamber
integral with or Section 4. Standards and Requisites for
permanently aligned Issuance of and Obtaining a License to Own and
with the bore which may Possess Firearms. In order to qualify and
be self-loading; and acquire a license to own and possess a firearm
or firearms and ammunition, the applicant must
(ii) Revolver which is a
be a Filipino citizen, at least twenty-one (21)
hand-operated firearm
years old and has gainful work, occupation or
with a revolving cylinder
business or has filed an Income Tax Return

185
(ITR) for the preceding year as proof of income, (a) It must be Filipino-owned and duly
profession, business or occupation. registered with the Securities and
Exchange Commission (SEC);
In addition, the applicant shall submit the
following certification issued by appropriate (b) It is current, operational and a
authorities attesting the following: continuing concern;
(a) The applicant has not been (c) It has completed and submitted all its
convicted of any crime involving moral reportorial requirements to the SEC; and
turpitude; (d) It has paid all its income taxes for the
(b) The applicant has passed the year, as duly certified by the Bureau of
psychiatric test administered by a PNP- Internal Revenue.
accredited psychologist or psychiatrist; The application shall be made in the name of the
(c) The applicant has passed the drug juridical person represented by its President or
test conducted by an accredited and any of its officers mentioned below as duly
authorized drug testing laboratory or authorized in a board resolution to that
clinic; effect:Provided,That the officer applying for the
juridical entity, shall possess all the qualifications
(d) The applicant has passed a gun
required of a citizen applying for a license to
safety seminar which is administered by
possess firearms.
the PNP or a registered and authorized
gun club; Other corporate officers eligible to represent the
juridical person are: the vice president,
(e) The applicant has filed in writing the
treasurer, and board secretary.
application to possess a registered
firearm which shall state the personal Security agencies and LGUs shall be included in
circumstances of the applicant; this category of licensed holders but shall be
subject to additional requirements as may be
(f) The applicant must present a police
required by the Chief of the PNP.
clearance from the city or municipality
police office; and Section 6. Ownership of Firearms by the
National Government. All firearms owned by
(g) The applicant has not been
the National Government shall be registered
convicted or is currently an accused in a
with the FEO of the PNP in the name of the
pending criminal case before any court
Republic of the Philippines. Such registration
of law for a crime that is punishable with
shall be exempt from all duties and taxes that
a penalty of more than two (2) years.
may otherwise be levied on other authorized
For purposes of this Act, an acquittal or owners of firearms. For reason of national
permanent dismissal of a criminal case before security, firearms of the Armed Forces of the
the courts of law shall qualify the accused Philippines (AFP), Coast Guard and other law
thereof to qualify and acquire a license. enforcement agencies shall only be reported to
The applicant shall pay the reasonable licensing the FEO of the PNP.
fees as may be provided in the implementing Section 7. Carrying of Firearms Outside of
rules and regulations of this Act. Residence or Place of Business. A permit to
An applicant who intends to possess a firearm carry firearms outside of residence shall be
owned by a juridical entity shall submit his/her issued by the Chief of the PNP or his/her duly
duty detail order to the FEO of the PNP. authorized representative to any qualified
person whose life is under actual threat or his/
Section 5. Ownership of Firearms and her life is in imminent danger due to the nature
Ammunition by a Juridical Entity. A juridical of his/her profession, occupation or business.
person maintaining its own security force may
be issued a regular license to own and possess It shall be the burden of the applicant to prove
firearms and ammunition under the following that his/her life is under actual threat by
conditions: submitting a threat assessment certificate from
the PNP.

186
For purposes of this Act, the following measures for the safekeeping of firearms shall
professionals are considered to be in imminent be required.
danger due to the nature of their profession, For Types 3 to 5 licenses, the citizen must
occupation or business: comply with the inspection and bond
(a) Members of the Philippine Bar; requirements.
(b) Certified Public Accountants; S e c t i o n 1 0 . F i r e a r m s T h a t M a y B e
Registered. Only small arms may be
(c) Accredited Media Practitioners;
registered by licensed citizens or licensed
(d) Cashiers, Bank Tellers; juridical entities for ownership, possession and
(e) Priests, Ministers, Rabbi, Imams; concealed carry. A light weapon shall be lawfully
acquired or possessed exclusively by the AFP,
(f) Physicians and Nurses; the PNP and other law enforcement agencies
(g) Engineers; and authorized by the President in the performance
of their duties:Provided,That private individuals
(h) Businessmen, who by the nature of
who already have licenses to possess Class-A
their business or undertaking, are
light weapons upon the effectivity of this Act
exposed to high risk of being targets of
shall not be deprived of the privilege to continue
criminal elements.
possessing the same and renewing the licenses
ARTICLE III therefor, for the sole reason that these firearms
REGISTRATION AND LICENSING are Class "A" light weapons, and shall be
Section 8. Authority to Issue License. The required to comply with other applicable
Chief of the PNP, through the FEO of the PNP, provisions of this Act.
shall issue licenses to qualified individuals and Section 11. Registration of Firearms. The
to cause the registration of firearms. licensed citizen or licensed juridical entity shall
Section 9. Licenses Issued to Individuals. register his/her/its firearms so purchased with
Subject to the requirements set forth in this Act the FEO of the PNP in accordance with the type
and payment of required fees to be determined of license such licensed citizen or licensed
by the Chief of the PNP, a qualified individual juridical entity possesses. A certificate of
may be issued the appropriate license under the registration of the firearm shall be issued upon
following categories; payment of reasonable fees.

Type 1 license allows a citizen to own For purposes of this Act, registration refers to
and possess a maximum of two (2) the application, approval, record-keeping and
registered firearms; monitoring of firearms with the FEO of the PNP
in accordance with the type of license issued to
Type 2 license allows a citizen to own any person under Section 9 of this Act.
and possess a maximum of five (5)
registered firearms; Section 12. License to Possess Ammunition
Necessarily Included. The licenses granted to
Type 3 license allows a citizen to own qualified citizens or juridical entities as provided
and possess a maximum of ten (10) in Section 9 of this Act shall include the license
registered firearms; to possess ammunition with a maximum of fifty
Type 4 license allows a citizen to own (50) rounds for each registered
and possess a maximum of fifteen (15) firearm:Provided;That the FEO of the PNP may
registered firearms; and allow more ammunition to be possessed by
licensed sports shooters.
Type 5 license allows a citizen, who is
a certified gun collector, to own and Section 13.Issuance of License to Manufacture
p o s s e s s m o r e t h a n fi f t e e n ( 1 5 ) or Deal In Firearms and Ammunition. Any
registered firearms. person desiring to manufacture or deal in
firearms, parts of firearms or ammunition
For Types 1 to 5 licenses, a vault or a container thereof, or instruments and implements used or
secured by lock and key or other security intended to be used in the manufacture of

187
firearms, parts of firearms or ammunition, shall (b) The license to deal in or sell all the
make an application to: items covered by the License to
Manufacture, such as parts, firearms or
(a) The Secretary of the Department of
ammunition and components;
the Interior and Local Government
(DILG) in the case of an application for a (c) The authority to subcontract the
license to manufacture; and manufacturing of parts and accessories
necessary for the firearms which the
(b) The Chief of the PNP in the case of a
manufacturer is licensed to
license to deal in firearms and firearms
manufacture: Provided, That the
parts, ammunition and gun repair.
subcontractor of major parts or major
The applicant shall state the amount of components is also licensed to
capitalization for manufacture or cost of the manufacture firearms and ammunition;
purchase and sale of said articles intended to be and
transacted by such applicant; and the types of
(d) The authority to import machinery,
firms, ammunition or implements which the
equipment, and firearm parts and
applicant intends to manufacture or purchase
ammunition components for the
and sell under the license applied for; and such
manufacture thereof. Firearm parts and
additional information as may be especially
ammunition components to be imported
requested by the Secretary of the DILG or the
shall, however, be limited to those
Chief of the PNP.
authorized to be manufactured as
The Secretary of the DILG or the Chief of the reflected in the approved License to
PNP may approve or disapprove such Manufacture. The Import Permit shall be
application based on the prescribed guidelines. under the administration of the PNP.
In the case of approval, the Secretary of the
A licensed manufacturer of ammunition is also
DILG or the Chief of the PNP shall indicate the
entitled to import various reference firearms
amount of the bond to be executed by the
needed to test the ammunition manufactured
applicant before the issuance of the license and
under the License to Manufacture. A licensed
the period of time by which said license shall be
manufacturer of firearms, on the other hand, is
effective, unless sooner revoked by their
entitled to import various firearms for reference,
authority.
test and evaluation for manufacture of similar,
Upon approval of the license to manufacture or types of firearms covered by the License to
otherwise deal in firearms by the Secretary of Manufacture.
the DILG or the Chief of the PNP as the case
An export permit shall, however, be necessary to
may be, the same shall be transmitted to the
export manufactured parts or finished products
FEO of the PNP which shall issue the license in
of firearms and ammunition. The Export Permit
accordance with the approved terms and
of firearms and ammunition shall be under the
conditions, upon the execution and delivery by
administration of the PNP.
the applicant of the required bond conditioned
upon the faithful compliance on the part of the S e c t i o n 1 5 . R e g i s t r a t i o n o f L o c a l l y
licensee to the laws and regulations relative to Manufactured and Imported Firearms. Local
the business licensed. manufacturers and importers of firearms and
major parts thereof shall register the same as
Section 14. Scope of License to Manufacture
follows:
Firearms and Ammunition. The scope of the
L i c e n s e t o M a n u f a c t u r e fi r e a r m s a n d (a) For locally manufactured firearms
ammunition shall also include the following: and major parts thereof, the initial
registration shall be done at the
(a) The authority to manufacture and
manufacturing facility: Provided, That
assemble firearms, ammunition, spare
firearms intended for export shall no
parts and accessories, ammunition
longer be subjected to ballistic
components, and reloading of
identification procedures; and
ammunitions, within sites, areas, and
factories stated therein. The Secretary (b) For imported firearms and major
of the DILG shall approve such license; parts thereof, the registration shall be

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 done upon arrival at the FEO of the PNP representative shall require the submission of
storage facility. reports, inspect or examine the inventory and
records of a licensed manufacturer, dealer or
Section 16. License and Scope of License to
importer of firearms and ammunition during
Deal. The License to Deal authorizes the
reasonable hours.
purchase, sale and general business in handling
firearms and ammunition, major and minor parts ARTICLE IV
o f fi r e a r m s , a c c e s s o r i e s , s p a r e p a r t s , ACQUISITION, DEPOSIT OF FIREARMS,
components, and reloading machines, which ABANDONED, DEMILITARIZED AND
shall be issued by the Chief of the PNP. ANTIQUE FIREARMS
Section 17. License and Scope of License for Section 21.Acquisition or Purchase and Sale of
Gunsmiths. The license for gunsmiths shall Firearms and Ammunition. Firearms and
allow the grantee to repair registered firearms. ammunition may only be acquired or purchased
The license shall include customization of from authorized dealers, importers or local
firearms from finished or manufactured parts manufacturers and may be transferred or sold
thereof on per order basis and not in commercial only from a licensed citizen or licensed juridical
quantities and making the minor parts thereof, entity to another licensed citizen or licensed
i.e. pins, triggers, trigger bows, sights and the juridical entity: Provided, That, during election
like only for the purpose of repairing the periods, the sale and registration of firearms and
registered firearm. The license for gunsmiths ammunition and the issuance of the
shall be issued by the Chief of the PNP. corresponding licenses to citizens shall be
allowed on the condition that the transport or
Section 18. Firearms for Use in Sports and
delivery thereof shall strictly comply with the
Competitions.Aqualified individual shall apply
issuances, resolutions, rules and regulations
for a permit to transport his/her registered
promulgated by the Commission on Elections.
firearm/s from his/her residence to the firing
range/s and competition sites as may be Section 22. Deposit of Firearms by Persons
warranted. Arriving From Abroad. A person arriving in the
Philippines who is legally in possession of any
Section 19. Renewal of Licenses and
firearm or ammunition in his/her country of origin
Registration. All types of licenses to possess a
and who has declared the existence of the
firearm shall be renewed every two (2) years.
firearm upon embarkation and disembarkation
Failure to renew the license on or before the
but whose firearm is not registered in the
date of its expiration shall cause the revocation
Philippines in accordance with this Act shall
of the license and of the registration of the
deposit the same upon written receipt with the
firearm/s under said licensee.
Collector of Customs for delivery to the FEO of
The registration of the firearm shall be renewed the PNP for safekeeping, or for the issuance of a
every four (4) years. Failure to renew the permit to transport if the person is a competitor
registration of the firearm on or before the date in a sports shooting competition. If the
of expiration shall cause the revocation of the importation of the same is allowed and the party
license of the firearm. The said firearm shall be in question desires to obtain a domestic firearm
confiscated or forfeited in favor of the license, the same should be undertaken in
government after due process. accordance with the provisions of this Act. If no
The failure to renew a license or registration license is desired or leave to import is not
within the periods stated above on two (2) granted, the firearm or ammunition in question
occasions shall cause the holder of the firearm shall remain in the custody of the FEO of the
to be perpetually disqualified from applying for PNP until otherwise disposed of in-accordance
any firearm license. The application for the with law.
renewal of the license or registration may be Section 23. Return of Firearms to Owner upon
submitted to the FEO of the PNP, within six (6) Departure from the Philippines. Upon the
months before the date of the expiration of such departure from the Philippines of any person
license or registration. whose firearm or ammunition is in the custody of
Section 20. Inspection and Inventory. The the FEO of the PNP, the same shall, upon timely
Chief of the PNP or his/her authorized request, be delivered to the person through the

189
Collector of Customs. In the case of a participant (a) The penalty of prision mayor in its
in a local sports shooting competition, the medium period shall be imposed upon
firearm must be presented to the Collector of any person who shall unlawfully acquire
Customs before the same is allowed to be or possess a small arm;
loaded on board the carrier on which the person ( b ) T h e p e n a l t y o f r e c l u s i o n
is to board. temporal to reclusion perpetua shall be
Section 24. Safekeeping of Firearms and imposed if three (3) or more small arms
Ammunition. Any licensee may deposit a or Class-A light weapons are unlawfully
registered firearm to the FEO of the PNP, or any acquired or possessed by any person;
Police Regional Office for safekeeping. (c) The penalty of prision mayor in its
Reasonable fees for storage shall be imposed. maximum period shall be imposed upon
S e c t i o n 2 5 . A b a n d o n e d F i r e a r m s a n d any person who shall unlawfully acquire
Ammunition. Any firearm or ammunition or possess a Class-A light weapon;
deposited in the custody of the FEO of the PNP ( d ) T h e p e n a l t y o f r e c l u s i o n
pursuant to the provisions of this Act, shall be perpetua shall be imposed upon any
deemed to have been abandoned by the owner person who shall, unlawfully acquire or
or his/her authorized representative if he/she possess a Class-B light weapon;
failed to reclaim the same within five (5) years or
failed to advise the FEO of the PNP of the (e) The penalty of one (1) degree higher
disposition to be made thereof. Thereafter, the than that provided in paragraphs (a) to
FEO of the PNP may dispose of the same after (c) in this section shall be imposed upon
compliance with established procedures. any person who shall unlawfully
possess any firearm under any or
Section 26. Death or Disability of Licensee. combination of the following conditions:
Upon the death or legal disability of the holder of
a firearm license, it shall be the duty of his/her (1) Loaded with ammunition or
next of kin, nearest relative, legal representative, inserted with a loaded
or other person who shall knowingly come into magazine;
possession of such firearm or ammunition, to (2) Fitted or mounted with laser
deliver the same to the FEO of the PNP or or any gadget used to guide the
Police Regional Office, and such firearm or shooter to hit the target such as
ammunition shall be retained by the police thermal weapon sight (TWS)
custodian pending the issuance of a license and and the like;
its registration in accordance, with this Act. The
failure to deliver the firearm or ammunition within (3) Fitted or mounted with sniper
six (6) months after the death or legal disability scopes, firearm muffler or
of the licensee shall render the possessor liable firearm silencer;
for illegal possession of the firearm. (4) Accompanied with an extra
Section 27.Antique Firearm. Any person who barrel; and
possesses an antique firearm shall register the (5) Converted to be capable of
same and secure a collectors license from the firing full automatic bursts.
FEO of the PNP. Proper storage of antique
(f) The penalty of prision mayor in its
firearm shall be strictly imposed. Noncompliance
minimum period shall be imposed upon
of this provision shall be considered as illegal
any person who shall unlawfully acquire
possession of the firearm as penalized in this
or possess a major part of a small arm;
Act.
(g) The penalty of prision mayor in its
ARTICLE V
minimum period shall be imposed upon
PENAL PROVISIONS
any person who shall unlawfully acquire
Section 28.Unlawful Acquisition, or Possession or possess ammunition for a small arm
of Firearms and Ammunition. The unlawful or Class-A light weapon. If the violation
acquisition, possession of firearms and of this paragraph is committed by the
ammunition shall be penalized as follows: same person charged with the unlawful

190
 acquisition or possession of a small minimum period shall be imposed in addition to
arm, the former violation shall be the penalty for the crime punishable under the
absorbed by the latter; Revised Penal Code or other special laws of
which he/she is found guilty.
(h) The penalty of prision mayor in its
medium period shall be imposed upon If the violation of this Act is in furtherance of, or
any person who shall unlawfully acquire incident to, or in connection with the crime of
or possess a major part of a Class-A rebellion of insurrection, or attempted coup d
light weapon; etat, such violation shall be absorbed as an
element of the crime of rebellion or insurrection,
(i) The penalty of prision mayor in its
or attemptedcoup d etat.
medium period shall be imposed upon
any person who shall unlawfully acquire If the crime is committed by the person without
or possess ammunition for a Class-A using the loose firearm, the violation of this Act
light weapon. If the violation of this shall be considered as a distinct and separate
paragraph is committed by the same offense.
person charged with the unlawful Section 30. Liability of Juridical Person. The
acquisition or possession of a Class-A penalty of prision mayor in its minimum
light weapon, the former violation shall to prision mayor in its medium period shall be
be absorbed by the latter; imposed upon the owner, president, manager,
(j) The penalty of prision mayor in its director or other responsible officer of/any public
maximum period shall be imposed upon or private firm, company, corporation or entity
any person who shall unlawfully acquire who shall willfully or knowingly allow any of the
or possess a major part of a Class-B firearms owned by such firm, company,
light weapon; and corporation or entity to be used by any person or
persons found guilty of violating the provisions of
(k) The penalty of prision mayor in its
the preceding section, or willfully or knowingly
maximum period shall be imposed upon
allow any of them to use unregistered firearm or
any person who shall unlawfully acquire
firearms without any legal authority to be carried
or possess ammunition for a Class-B
outside of their residence in the course of their
light weapon. If the violation of this
employment.
paragraph is committed by the same
person charged with the unlawful Section 31.Absence of Permit to Carry Outside
acquisition or possession of a Class-B of Residence. The penalty of prision
light weapon, the former violation shall correccional and a fine of Ten thousand pesos
be absorbed by the latter. (P10,000.00) shall be imposed upon any person
who is licensed to own a firearm but who shall
Section 29. Use of Loose Firearm in the
carry the registered firearm outside his/her
Commission of a Crime. The use of a loose
residence without any legal authority therefor.
firearm, when inherent in the commission of a
crime punishable under the Revised Penal Code Section 32. Unlawful Manufacture, Importation,
or other special laws, shall be considered as an Sale or Disposition of Firearms or Ammunition or
aggravating circumstance: Provided, That if the Parts Thereof, Machinery, Tool or Instrument
crime committed with the use of a loose firearm Used or Intended to be Used in the Manufacture
is penalized by the law with a maximum penalty of Firearms, Ammunition or Parts Thereof. The
which is lower than that prescribed in the penalty of reclusion temporal to reclusion
preceding section for illegal possession of perpetuashall be imposed upon any person who
firearm, the penalty for illegal possession of shall unlawfully engage in the manufacture,
firearm shall be imposed in lieu of the penalty for importation, sale or disposition of a firearm or
the crime charged:Provided,further,That if the ammunition, or a major part of a firearm or
crime committed with the use of a loose firearm ammunition, or machinery, tool or instrument
is penalized by the law with a maximum penalty used or intended to be used by the same person
which is equal to that imposed under the in the manufacture of a firearm, ammunition, or
preceding section for illegal possession of a major part thereof.
firearms, the penalty of prision mayor in its

191
The possession of any machinery, tool or Laboratory for future use and identification of a
instrument used directly in the manufacture of particular firearm.
firearms, ammunition, or major parts thereof by Section 35. Use of an Imitation Firearm. An
any person whose business, employment or imitation firearm used in the commission of a
activity does not lawfully deal with the crime shall be considered a real firearm as
possession of such article, shall be prima defined in this Act and the person who
facieevidence that such article is intended to be committed the crime shall be punished in
used in the unlawful or illegal manufacture of accordance with this Act:Provided,That injuries
firearms, ammunition or parts thereof. caused on the occasion of the conduct of
The penalty of prision mayor in its minimum competitions, sports, games, or any recreation
period to prision mayor in its medium period activities involving imitation firearms shall not be
shall be imposed upon any laborer, worker or punishable under this Act.
employee of a licensed firearms dealer who Section 36. In Custodia Legis. During the
shall unlawfully take, sell or otherwise dispose of pendency of any case filed in violation of this
parts of firearms or ammunition which the Act, seized firearm, ammunition, or parts
company manufactures and sells, and other thereof, machinery, tools or instruments shall
materials used by the company in the remain in the custody of the court. If the court
manufacture or sale of firearms or ammunition. decides that it has no adequate means to safely
The buyer or possessor of such stolen part or keep the same, the court shall issue an order to
material, who is aware that such part or material turn over to the PNP Crime Laboratory such
was stolen, shall suffer the same penalty as the firearm, ammunition, or parts thereof, machinery,
laborer, worker or employee. tools or instruments in its custody during the
If the violation or offense is committed by a pendency of the case and to produce the same
corporation, partnership, association or other to the court when so ordered. No bond shall be
juridical entity, the penalty provided for in this admitted for the release of the firearm,
section shall be imposed upon the directors, ammunition or parts thereof, machinery, tool or
officers, employees or other officials or persons instrument. Any violation of this paragraph shall
therein who knowingly and willingly participated be punishable by prision mayor in its minimum
in the unlawful act. period toprision mayorin its medium period.
Section 33. Arms Smuggling. The penalty Section 37. Confiscation and Forfeiture. The
ofreclusion perpetuashall be imposed upon any imposition of penalty for any violation of this Act
person who shall engage or participate in arms shall carry with it the accessory penalty of
smuggling as defined in this Act. confiscation and forfeiture of the firearm,
ammunition, or parts thereof, machinery, tool or
Section 34.Tampering, Obliteration or Alteration
instrument in favor of the government which
of Firearms Identification. The penalty
shall be disposed of in accordance with law.
of prision correccional to prision mayor in its
minimum period shall be imposed upon any Section 38. Liability for Planting Evidence.
person who shall tamper, obliterate or alter The penalty of prision mayor in its maximum
without authority the barrel, slide, frame, period shall be imposed upon any person who
receiver, cylinder, or bolt assembly, including the shall willfully and maliciously insert; place, and/
name of the maker, model, or serial number of or attach, directly or indirectly, through any overt
any firearm, or who shall replace without or covert act, any firearm, or ammunition, or
authority the barrel, slide, frame, receiver, parts thereof in the person, house, effects, or in
cylinder, or bolt assembly, including its individual the immediate vicinity of an innocent individual
or peculiar identifying characteristics essential in for the purpose of implicating or incriminating the
forensic examination of a firearm or light person, or imputing the commission of any
weapon. violation of the provisions of this Act to said
individual. If the person found guilty under this
The PNP shall place this information, including
paragraph is a public officer or employee, such
its individual or peculiar identifying
person shall suffer the penalty of reclusion
characteristics into the database of integrated
perpetua.
firearms identification system of the PNP Crime

192
S e c t i o n 3 9 . G r o u n d s f o r R e v o c a t i o n , notify the FEO of the PNP of such change of
Cancellation or Suspension of License or address.
Permit. The Chief of the PNP or his/her Section 41. Illegal Transfer/Registration of
authorized representative may revoke, cancel or Firearms. It shall be unlawful to transfer
suspend a license or permit on the following possession of any firearm to any person who
grounds: has not yet obtained or secured the necessary
(a) Commission of a crime or offense license or permit thereof.
involving the firearm, ammunition, of The penalty of prision correccional shall be
major parts thereof; imposed upon any person who shall violate the
(b) Conviction of a crime involving moral provision of the preceding paragraph. In
turpitude or any offense where the addition, he/she shall be disqualified to apply for
penalty carries an imprisonment of more a license to possess other firearms and all his/
than six (6) years; her existing firearms licenses whether for
purposes of commerce or possession, shall be
(c) Loss of the firearm, ammunition, or
revoked. If government-issued firearms,
any parts thereof through negligence;
ammunition or major parts of firearms or light
(d) Carrying of the firearm, ammunition, weapons are unlawfully disposed, sold or
or major parts thereof outside of transferred by any law enforcement agent or
residence or workplace without, the public officer to private individuals, the penalty
proper permit to carry the same; ofreclusion temporalshall be imposed.
(e) Carrying of the firearm, ammunition, Any public officer or employee or any person
or major parts thereof in prohibited who shall facilitate the registration of a firearm
places; through fraud, deceit, misrepresentation or
(f) Dismissal for cause from the service submission of falsified documents shall suffer
in case of government official and the penalty ofprision correccional.
employee; ARTICLE VI
(g) Commission of any of the acts FINAL PROVISIONS
penalized under Republic Act No. 9165, Section 42.Firearms Repository. The FEO of
otherwise known as the the PNP shall be the sole repository of all
"Comprehensive Dangerous Drugs Act firearms records to include imported and locally
of 2002; manufactured firearms and ammunition. Within
(h) Submission of falsified documents or one (1) year upon approval of this Act, all
misrepresentation in the application to military and law enforcement agencies,
obtain a license or permit; government agencies, LGUs and government-
owned or -controlled corporations shall submit
(i) Noncompliance of reportorial an inventory of all their firearms and ammunition
requirements; and to the PNP.
(j) By virtue of a court order. Section 43. Final Amnesty. Persons in
Section 40. Failure to Notify Lost or Stolen possession of unregistered firearms and holders
Firearm or Light Weapon. A fine of Ten of expired license or unregistered firearms shall
thousand pesos (P10,000.00) shall be imposed register and renew the same through the Final
upon any licensed firearm holder who fails to General Amnesty within six (6) months from the
report to the FEO of the PNP that the subject promulgation of the implementing rules and
firearm has been lost or stolen within a period of regulations of this Act. During the interim period
thirty (30) days from the date of discovery. of six (6) months, no person applying for license
shall be charged of any delinquent payment
Likewise, a fine of Five thousand pesos
accruing to the firearm subject for registration.
(P5,000.00) shall be imposed upon any person
The PNP shall conduct an intensive nationwide
holding a valid firearm license who changes
campaign to ensure that the general public is
residence or office address other than that
properly informed of the provisions of this Act.
indicated in the license card and fails within a
period of thirty (30) days from said transfer to

193
S e c t i o n 4 4 . I m p l e m e n t i n g R u l e s a n d excepting road rollers, trolley cars,
Regulations. Within one hundred twenty (120) street-sweepers, sprinklers, lawn
days from the effectivity of this Act, the Chief of mowers, bulldozers, graders, fork-lifts,
the PNP, after public hearings and consultation amphibian trucks, and cranes if not used
with concerned sectors of society shall formulate on public highways, vehicles, which run
the necessary rules and regulations for the only on rails or tracks, and tractors,
effective implementation of this Act to be trailers and traction engines of all kinds
published in at least two (2) national used exclusively for agricultural
newspapers of general circulation. purposes. Trailers having any number of
wheels, when propelled or intended to
Section 45. Repealing Clause. This Act
be propelled by attachment to a motor
repeals Sections 1, 2, 5 and 7 of Presidential
vehicle, shall be classified as separate
Decree No. 1866, as amended, and Section 6 of
motor vehicle with no power
Republic Act No. 8294 and all other laws,
rating.lawphi1
executive orders, letters of instruction,
issuances, circulars, administrative orders, rules "Defacing or tampering with" a serial
or regulations that are inconsistent herewith. number is the erasing, scratching,
altering or changing of the original
Section 46. Separability Clause. If any
factory-inscribed serial number on the
provision of this Act or any part hereof is held
motor vehicle engine, engine block or
invalid or unconstitutional, the remainder of the
chassis of any motor vehicle. Whenever
law or the provision not otherwise affected shall
any motor vehicle is found to have a
remain valid and subsisting.
serial number on its motor engine,
Section 47. Effectivity. This Act shall take engine block or chassis which is
effect after fifteen (15) days from its publication different from that which is listed in the
in a newspaper of nationwide circulation. records of the Bureau of Customs for
motor vehicles imported into the
Philippines, that motor vehicle shall be
considered to have a defaced or
tampered with serial number.
"Repainting" is changing the color of a
motor vehicle by means of painting.
REPUBLIC ACT No. 6539 There is repainting whenever the new
AN ACT PREVENTING AND PENALIZING color of a motor vehicle is different from
CARNAPPING its color as registered in the Land
Transportation Commission.
Section 1.This Act shall be known and may be
cited as the"Anti-Carnapping Act of 1972." "Body-building" is a job undertaken on a
motor vehicle in order to replace its
Section 2. Definition of terms. The terms entire body with a new body.
"carnapping", "motor vehicle", "defacing or
tampering with", "repainting", "body-building", "Remodeling" is the introduction of some
"remodeling", "dismantling", and "overhauling", changes in the shape or form of the
as used in this Act, shall be understood, body of the motor vehicle.lawphi1
respectively, to mean "Dismantling" is the tearing apart, piece
"Carnapping" is the taking, with intent to by piece or part by part, of a motor
gain, of a motor vehicle belonging to vehicle.
another without the latter's consent, or "Overhauling" is the cleaning or
by means of violence against or repairing of the whole engine of a motor
intimidation of persons, or by using force vehicle by separating the motor engine
upon things. and its parts from the body of the motor
"Motor vehicle" is any vehicle propelled vehicle.
by any power other than muscular Section 3.Registration of motor vehicle engine,
power using the public highways, but engine block and chassis.Within one year after

194
the approval of this Act, every owner or registration of a motor vehicle, whether that
possessor of unregistered motor vehicle or parts motor vehicle is newly assembled or rebuilt or
thereof in knock down condition shall register acquired from a registered owner, shall within
with the Land Transportation Commission the one week after the completion of the assembly
motor vehicle engine, engine block and chassis or rebuilding job or the acquisition thereof from
in his name or in the name of the real owner the registered owner, apply to the Philippine
who shall be readily available to answer any Constabulary for clearance of the motor vehicle
claim over the registered motor vehicle engine, for registration with the Land Transportation
engine block or chassis. Thereafter, all motor Commission. The Philippine Constabulary shall,
vehicle engines, engine blocks and chassis not upon receipt of the application, verify if the motor
registered with the Land Transportation vehicle or its numbered parts are in the list of
Commission shall be considered as untaxed carnapped motor vehicles or stolen motor
importation or coming from an illegal source or vehicle parts. If the motor vehicle or any of its
carnapped, and shall be confiscated in favor of numbered parts is not in that list, the Philippine
the Government. Constabulary shall forthwith issue a certificate of
clearance. Upon presentation of the certificate of
All owners of motor vehicles in all cities and
clearance from the Philippine Constabulary and
municipalities are required to register their cars
after verification of the registration of the motor
with the local police without paying any charges.
vehicle engine, engine block and chassis in the
Section 4. Permanent registry of motor vehicle permanent registry of motor vehicle engines,
engines, engine blocks and chassis. The Land engine blocks and chassis, the Land
Transportation Commission shall keep a Transportation Commission shall register the
permanent registry of motor vehicle engines, motor vehicle in accordance with existing laws,
engine blocks and chassis of all motor vehicles, rules and regulations.
specifying therein their type, make and serial
Section 7. Duty of Collector of Customs to
numbers and stating therein the names and
report arrival of imported motor vehicle, etc.The
addresses of their present and previous owners.
Collector of Customs of a principal port of entry
Copies of the registry and of all entries made
where an imported motor vehicle, motor vehicle
thereon shall be furnished the Philippine
engine, engine block chassis or body is
Constabulary and all Land Transportation
unloaded, shall, within seven days after the
Commission regional, provincial and city branch
arrival of the imported motor vehicle or any of its
offices: Provided, That all Land Transportation
parts enumerated herein, make a report of the
Commission regional, provincial and city branch
s h i p m e n t t o t h e L a n d Tr a n s p o r t a t i o n
offices are likewise obliged to furnish copies of
Commission, specifying the make, type and
all registration of motor vehicles to the main
serial numbers, if any, of the motor vehicle
office and to the Philippine Constabulary.
engine, engine block and chassis or body, and
Section 5. Registration of sale, transfer, stating the names and addresses of the owner
conveyance, substitution or replacement of a or consignee thereof. If the motor vehicle
motor vehicle engine, engine block or chassis. engine, engine block, chassis or body does not
Every sale, transfer, conveyance, substitution or bear any serial number, the Collector of
replacement of a motor vehicle engine, engine Customs concerned shall hold the motor vehicle
block or chassis of a motor vehicle shall be engine, engine block, chassis or body until it is
registered with the Land Transportation n u m b e r e d b y t h e L a n d Tr a n s p o r t a t i o n
Commission. Motor vehicles assembled and Commission.
rebuilt or repaired by replacement with motor
Section 8. Duty of importers, distributors and
vehicle engines, engine blocks and chassis not
sellers of motor vehicles to keep record of
registered with the Land Transportation
stocks. Any person engaged in the importation,
Commission shall not be issued certificates of
distribution, and buying and selling of motor
registration and shall be considered as untaxed
vehicles, motor vehicle engines, engine blocks,
imported motor vehicles or motor vehicles
chassis or body, shall keep a permanent record
carnapped or proceeding from illegal sources.
of his stocks, stating therein their type, make
Section 6. Original Registration of motor and serial numbers, and the names and
vehicles. Any person seeking the original addresses of the persons from whom they were

195
acquired and the names and addresses of the body to be loaded on board the launch, boat
persons to whom they were sold, and shall vessel or ship.
render an accurate monthly report of his Section 12. Defacing or tampering with serial
transactions in motor vehicles to the Land numbers of motor vehicle engines, engine
Transportation Commission. blocks and chassis. It shall be unlawful for any
Section 9. Duty of manufacturers of engine person to deface or otherwise tamper with the
blocks, chassis or body to cause numbering of original or registered serial number of motor
engine blocks, chassis or body manufactured. vehicle engines, engine blocks and chassis.
Any person engaged in the manufacture of Section 13. Penal Provisions. Any person who
engine blocks, chassis or body shall cause the violates any provisions of this Act shall be
numbering of every engine block, chassis or punished with imprisonment for not less than
body manufactured in a convenient and two years nor more than six years and a fine
conspicuous part thereof which the Land equal in amount to the acquisition cost of the
Transportation Commission may direct for the motor vehicle, motor vehicle engine or any other
purpose of uniformity and identification of the part involved in the violation: Provided, That if
factory and shall submit to the Land the person violating any provision of this Act is a
Transportation Commission a monthly report of juridical person, the penalty herein provided
the manufacture and sale of engine blocks, shall be imposed on its president or secretary
chassis or body. and/or members of the board of directors or any
Section 10. Clearance and permit required for of its officers and employees who may have
assembly or rebuilding of motor vehicles. Any directly participated in the violation.
person who shall undertake to assemble or Any government official or employee who
rebuild or cause the assembly or rebuilding of a directly commits the unlawful acts defined in this
motor vehicle shall first secure a certificate of Act or is guilty of gross negligence of duty or
clearance from the Philippine connives with or permits the commission of any
Constabulary: Provided, That no such permit of the said unlawful act shall, in addition to the
shall be issued unless the applicant shall penalty prescribed in the preceding paragraph,
present a statement under oath containing the be dismissed from the service with prejudice to
type, make and serial numbers of the engine, his reinstatement and with disqualification from
chassis and body, if any, and the complete list of voting or being voted for in any election and
the spare parts of the motor vehicle to be from appointment to any public office.
assembled or rebuilt together with the names
and addresses of the sources thereof. Section 14.Penalty for Carnapping.Any person
who is found guilty of carnapping, as this term is
In the case of motor vehicle engines to be defined in Section two of this Act, shall,
mounted on motor boats, motor bancas and irrespective of the value of motor vehicle taken,
other light water vessels, the applicant shall be punished by imprisonment for not less than
secure a permit from the Philippine Coast fourteen years and eight months and not more
Guard, which office shall in turn furnish the Land than seventeen years and four months, when
Transportation Commission the pertinent data the carnapping is committed without violence or
concerning the motor vehicle engines including intimidation of persons, or force upon things;
their type, make and serial numbers. and by imprisonment for not less than seventeen
Section 11. Clearance required for shipment of years and four months and not more than thirty
motor vehicles, motor vehicle engines, engine years, when the carnapping is committed by
blocks, chassis or body. Any person who owns means of violence against or intimidation of any
or operates inter-island shipping or any water person, or force upon things; and the penalty of
transportation with launches, boats, vessels or life imprisonment to death shall be imposed
ships shall within seven days submit a report to when the owner, driver or occupant of the
the Philippine Constabulary on all motor vehicle, carnapped motor vehicle is killed in the
motor vehicle engines, engine blocks, chassis or commission of the carnapping.
bodies transported by it for the motor vehicle, Section 15. Aliens. Aliens convicted under the
motor vehicle engine, engine block, chassis or provisions of this Act shall be deported

196
immediately after service of sentence without
further proceedings by the Deportation Board.
Section 16.Reward.Any person who voluntarily
gives information leading to the recovery of
carnapped vehicles and for the conviction of the
persons charged with carnapping shall be given
as reward so much reward money as the
Philippine Constabulary may fix. The Philippine
Constabulary is authorized to include in its
annual budget the amount necessary to carry
out the purposes of this section. Any information
given by informers shall be treated as
confidential matter.
Section 17. Separability clause. If any
provisions of this Act is declared invalid, the
provisions thereof not affected by such
declaration shall remain in force and effect.
Section 18. Repealing clause. All laws,
executive orders, rules and regulations, or parts
thereof, inconsistent with the provisions of this
Act are hereby repealed or amended
accordingly.
Section 19.Effectivity.This Act shall take effect
upon its approval.
Approved: August 26, 1972

REPUBLIC ACT NO. 7659

AN ACT TO IMPOSE THE DEATH PENALTY
ON CERTAIN HEINOUS CRIMES, AMENDING
FOR THAT PURPOSE THE REVISED PENAL
LAWS, AS AMENDED, OTHER SPECIAL
PENAL LAWS, AND FOR OTHER PURPOSES
WHEREAS, the Constitution, specifically Article
III, Section 19 paragraph (1) thereof, states
"Excessive fines shall not be imposed nor cruel,
degrading or inhuman punishment inflicted.
Neither shall death penalty be imposed, unless,
for compelling reasons involving heinous crimes,
the Congress hereafter provides for it. . .";
WHEREAS, the crimes punishable by death
under this Act are heinous for being grievous,
odious and hateful offenses and which, by
reason of their inherent or manifest wickedness,
viciousness, atrocity and perversity are

197
repugnant and outrageous to the common Section 3. Section Three, Chapter One, Title
standards and norms of decency and morality in One of Book Two of the same Code is hereby
a just, civilized and ordered society; amended to read as follows:
WHEREAS, due to the alarming upsurge of such "Section Three. - Piracy and mutiny on
crimes which has resulted not only in the loss of the high seas or in the Philippine waters
human lives and wanton destruction of property Art. 122. Piracy in general and mutiny
but also affected the nation's efforts towards on the high seas or in Philippine waters.
sustainable economic development and - The penalty of reclusion perpetua shall
prosperity while at the same time has be inflicted upon any person who, on the
undermined the people's faith in the Government high seas, or in Philippine waters, shall
and the latter's ability to maintain peace and attack or seize a vessel or, not being a
order in the country; member of its complement nor a
WHEREAS, the Congress, in the justice, public passenger, shall seize the whole or part
order and the rule of law, and the need to of the cargo of said vessel, its
rationalize and harmonize the penal sanctions equipment or passengers.
for heinous crimes, finds compelling reasons to The same penalty shall be inflicted in
impose the death penalty for said crimes; case of mutiny on the high seas or in
Now, therefore, Philippine waters."
Section 1. Declaration of Policy. - It is hereby Art. 123. Qualified piracy. - The penalty
declared the policy of the State to foster and of reclusion perpetua to death shall be
ensure not only obedience to its authority, but imposed upon those who commit any of
also to adopt such measures as would the crimes referred to in the preceding
effectively promote the maintenance of peace article, under any of the following
and order, the protection of life, liberty and circumstances:
property, and the promotion of the general 1. Whenever they have seized a
welfare which are essential for the enjoyment by vessel by boarding or firing
all the people of the blessings of democracy in a upon the same;
just and humane society;
2. Whenever the pirates have
Section 2. Article 114 of the Revised Penal abandoned their victims without
Code, as amended, is hereby amended to read means of saving themselves or;
as follows:
3. Whenever the crime is
"Art. 114. Treason. - Any Filipino citizen a c c o m p a n i e d b y m u r d e r,
who levies war against the Philippines homicide, physical injuries or
or adheres to her enemies giving them rape."
aid or comfort within the Philippines or
elsewhere, shall be punished by Section 4. There shall be incorporated after
reclusion perpetua to death and shall Article 211 of the same Code a new article to
pay a fine not to exceed 100,000 read as follows:
pesos." "Art. 211-A. Qualified Bribery. - If any
No person shall be convicted of treason public officer is entrusted with law
unless on the testimony of two enforcement and he refrains from
witnesses at least to the same overt act arresting or prosecuting an offender who
or on confession of the accused in open has committed a crime punishable by
court. reclusion perpetua and/or death in
consideration of any offer, promise, gift
Likewise, an alien, residing in the or present, he shall suffer the penalty for
Philippines, who commits acts of the offense which was not prosecuted.
treason as defined in paragraph 1 of this
Article shall be punished by reclusion If it is the public officer who asks or
temporal to death and shall pay a fine demands such gift or present, he shall
not to exceed 100,000 pesos." suffer the penalty of death."

198
Section 5. The penalty of death for parricide Section 7. Article 255 of the same Code is
under Article 246 of the same Code is hereby hereby amended to read as follows:
restored, so that it shall read as follows: "Art. 255. Infanticide. - The penalty
"Art. 246. Parricide. - Any person who provided for parricide in Article 246 and
shall kill his father, mother, or child, for murder in Article 248 shall be
whether legitimate of illegitimate, or any imposed upon any person who shall kill
of his ascendants, or descendants, or any child less than three days of age.
his spouse, shall be guilty of parricide If any crime penalized in this Article be
and shall be punished by the penalty of committed by the mother of the child for
reclusion perpetua to death." the purpose of concealing her dishonor,
Section 6. Article 248 of the same Code is she shall suffer the penalty of prision
hereby amended to read as follows: mayor in its medium and maximum
periods, and if said crime be committed
"Art. 248. Murder. - Any person who, not
for the same purpose by the maternal
falling within the provisions of Article 246
grandparents or either of them, the
shall kill another, shall be guilty of
penalty shall be reclusion temporal."
murder and shall be punished by
reclusion perpetua, to death if Section 8. Article 267 of the same Code is
committed with any of the following hereby amended to read as follows:
attendant circumstances: "Art. 267. Kidnapping and serious illegal
1 . W i t h t r e a c h e r y, t a k i n g detention. - Any private individual who
advantage of superior strength, shall kidnap or detain another, or in any
with the aid of armed men, or other manner deprive him of his liberty,
employing means to weaken the shall suffer the penalty of reclusion
defense or of means or persons perpetua to death:
to insure or afford impunity. 1. If the kidnapping or detention
2. In consideration of a price, shall have lasted more than
reward or promise. three days.
3. By means of inundation, fire, 2. If it shall have been
poison, explosion, shipwreck, committed simulating public
stranding of a vessel, derailment authority.
or assault upon a railroad, fall of 3. If any serious physical injuries
an airship, or by means of motor shall have been inflicted upon
vehicles, or with the use of any the person kidnapped or
other means involving great detained; or if threats to kill him
waste and ruin. shall have been made.
4. On occasion of any of the 4. If the person kidnapped or
calamities enumerated in the detained shall be a minor,
preceding paragraph, or of an except when the accused is any
earthquake, eruption of a of the parents, female or a
volcano, destructive cyclone, public officer.
epidemic or other public
calamity. The penalty shall be death penalty
where the kidnapping or detention was
5. With evident premeditation. committed for the purpose of extorting
6. With cruelty, by deliberately ransom from the victim or any other
and inhumanly augmenting the person, even if none of the
suffering of the victim, or circumstances above-mentioned were
outraging or scoffing at his present in the commission of the
person or corpse." offense.

199
 When the victim is killed or dies as a injuries covered by subdivisions
consequence of the detention or is 3 and 4 of said Article 263.
raped, or is subjected to torture or 5. The penalty of prision
dehumanizing acts, the maximum correccional in its maximum
penalty shall be imposed." period to prision mayor in its
Section 9. Article 294 of the same Code is medium period in other cases."
hereby amended to read as follows: Section 10. Article 320 of the same Code is
"Art. 294. Robbery with violence against hereby amended to read as follows:
or intimidation of persons - Penalties. - "Art. 320. Destructive Arson. - The
Any person guilty of robbery with the penalty of reclusion perpetua to death
use of violence against or intimidation of shall be imposed upon any person who
any person shall suffer: shall burn:
1. The penalty of reclusion 1. One (1) or more buildings or
perpetua to death, when by edifices, consequent to one
reason or on occasion of the single act of burning, or as a
robbery, the crime of homicide result of simultaneous burnings,
shall have been committed, or committed on several or
when the robbery shall have different occasions.
been accompanied by rape or
intentional mutilation or arson. 2. Any building of public or
private ownership, devoted to
2. The penalty of reclusion the public in general or where
temporal in its medium period to people usually gather or
reclusion perpetua, when or if c o n g r e g a t e f o r a d e fi n i t e
by reason or on occasion of purpose such as, but not limited
s u c h r o b b e r y, a n y o f t h e to, official governmental function
physical injuries penalized in or business, private transaction,
subdivision I of Article 263 shall commerce, trade, workshop,
have been inflicted. meetings and conferences, or
3. The penalty of reclusion merely incidental to a definite
temporal, when by reason or on purpose such as but not limited
occasion of the robbery, any of to hotels, motels, transient
the physical injuries penalized in dwellings, public conveyances
subdivision 2 of the article or stops or terminals, regardless
mentioned in the next preceding of whether the offender had
paragraph, shall have been knowledge that there are
inflicted. persons in said building or
edifice at the time it is set on fire
4. The penalty of prision mayor
and regardless also of whether
in its maximum period to
the building is actually inhabited
reclusion temporal in its medium
or not.
period, if the violence or
intimidation employed in the 3. Any train or locomotive, ship
commission of the robbery shall or vessel, airship or airplane,
have been carried to a degree devoted to transportation or
clearly unnecessary for the conveyance, or for public use,
commission of the crime, or entertainment or leisure.
when in the course of its 4 . A n y b u i l d i n g , f a c t o r y,
execution, the offender shall warehouse installation and any
have inflicted upon any person appurtenances thereto, which
not responsible for its are devoted to the service of
commission any of the physical public utilities.

200
 5. Any building the burning of 3. When the woman is under
which is for the purpose of twelve years of age or is
concealing or destroying demented.
evidence of another violation of The crime of rape shall be punished by
law, or for the purpose of reclusion perpetua.
concealing bankruptcy or
defrauding creditors or to collect Whenever the crime of rape is
from insurance. committed with the use of a deadly
weapon or by two or more persons, the
Irrespective of the application of the penalty shall be reclusion perpetua to
above enumerated qualifying death.
circumstances, the penalty of reclusion
perpetua to death shall likewise be When by reason or on the occasion of
imposed when the arson is perpetrated the rape, the victim has become insane,
or committed by two (2) or more the penalty shall be death.
persons or by a group of persons, When the rape is attempted or frustrated
regardless of whether their purpose is and a homicide is committed by reason
merely to burn or destroy the building or or on the occasion thereof, the penalty
the burning merely constitutes an overt shall be reclusion perpetua to death.
act in the commission or another
violation of law. When by reason or on the occasion of
the rape, a homicide is committed, the
The penalty of reclusion perpetua to penalty shall be death.
death shall also be imposed upon any
person who shall burn: The death penalty shall also be imposed
if the crime of rape is committed with
1 . An y a rse n a l , sh i p ya rd , any of the following attendant
storehouse or military powder or circumstances:
fireworks factory, ordnance,
storehouse, archives or general 1. when the victim is under
museum of the Government. eighteen (18) years of age and
t h e o ff e n d e r i s a p a r e n t ,
2. In an inhabited place, any ascendant, step-parent,
storehouse or factory of guardian, relative by
i n fl a m m a b l e o r e x p l o s i v e consanguinity or affinity within
materials. the third civil degree, or the
If as a consequence of the common-law-spouse of the
commission of any of the acts parent of the victim.
penalized under this Article, 2. when the victim is under the
death results, the mandatory custody of the police or military
penalty of death shall be authorities.
imposed."
3. when the rape is committed in
Section 11. Article 335 of the same Code is full view of the husband, parent,
hereby amended to read as follows: any of the children or other
"Art. 335. When and how rape is relatives within the third degree
committed. - Rape is committed by of consanguinity.
having carnal knowledge of a woman 4. when the victim is a religious
under any of the following or a child below seven (7) years
circumstances: old.
1. By using force or intimidation; 5. when the offender knows that
2. When the woman is deprived he is afflicted with Acquired
of reason or otherwise Immune Deficiency Syndrome
unconscious; and (AIDS) disease.

201
 6. when committed by any pesos shall be imposed upon any
member of the Armed Forces of person who, unless authorized by law,
the Philippines or the Philippine shall import or bring into the Philippines
National Police or any law any prohibited drug.
enforcement agency. "Sec. 4. Sale, Administration, Delivery,
7. when by reason or on the Distribution and Transportation of
occasion of the rape, the victim Prohibited Drugs. - The penalty of
has suffered permanent reclusion perpetua to death and a fine
physical mutilation." from five hundred thousand pesos to ten
million pesos shall be imposed upon any
Section 12.Section 2 of Republic Act No. 7080
person who, unless authorized by law,
(An Act Defining and Penalizing the Crime of
shall sell, administer, deliver, give away
Plunder) is hereby amended to read as follows:
to another, distribute, dispatch in transit
"Sec. 2. Definition of the Crime of or transport any prohibited drug, or shall
Plunder; Penalties. - Any public officer act as a broker in any of such
who, by himself or in connivance with transactions.
members of his family, relatives by
Notwithstanding the provisions of
affinity or consanguinity, business
Section 20 of this Act to the contrary, if
associates, subordinates or other
the victim of the offense is a minor, or
persons, amasses, accumulates or
should a prohibited drug involved in any
acquires ill-gotten wealth through a
offense under this Section be the
combination or series of overt criminal
proximate cause of the death of a victim
acts as described in Section 1 (d) hereof
thereof, the maximum penalty herein
in the aggregate amount or total value of
provided shall be imposed.
at least Fifty million pesos
(P50,000,000.00) shall be guilty of the "Sec. 5. Maintenance of a Den, Dive or
crime of plunder and shall be punished Resort for Prohibited Drug Users. - The
by reclusion perpetua to death. Any penalty of reclusion perpetua to death
person who participated with the said and a fine ranging from five hundred
public officer in the commission of an thousand pesos to ten million pesos
offense contributing to the crime of shall be imposed upon any person or
plunder shall likewise be punished for group of persons who shall maintain a
such offense. In the imposition of den, dive or resort where any prohibited
penalties, the degree of participation drug is used in any form or where such
and the attendance of mitigating and prohibited drugs in quantities specified
extenuating circumstances, as provided in Section 20, Paragraph 1 of this Act
by the Revised Penal Code, shall be are found.
considered by the court. The court shall Notwithstanding the provisions of
declare any and all ill-gotten wealth and Section 20 of this Act to the contrary, the
their interests and other incomes and maximum of the penalty shall be
assets including the properties and imposed in every case where a
shares of stocks derived from the prohibited drug is administered,
deposit or investment thereof forfeited in delivered or sold to a minor who is
favor of the State." allowed to use the same in such place.
Section 13. Sections 3, 4, 5, 7, 8 and 9, of Should a prohibited drug be the
Article II of Republic Act No. 6425, as amended, proximate cause of the death of a
known as the Dangerous Drugs Act 1972, are person using the same in such den, dive
hereby amended to read as follows: or resort, the maximum penalty herein
"Sec. 3. Importation of Prohibited Drugs. provided shall be imposed on the
- The penalty of reclusion perpetua to maintainer notwithstanding the
death and a fine ranging from five provisions of Section 20 of this Act to
hundred thousand pesos to ten million the contrary.

202
 "Sec. 7. Manufacture of Prohibited Drug. person who, unless authorized by law,
- The penalty of reclusion perpetua to shall import or bring any regulated drug
death and fine ranging from five in the Philippines.
hundred thousand pesos to ten million "Sec. 14-A. Manufacture of Regulated
pesos shall be imposed upon any Drugs. - The penalty of reclusion
person who, unless authorized by law, perpetua to death and a fine ranging
shall engage in the manufacture of any from five hundred thousand pesos to ten
prohibited drug. million pesos shall be imposed upon any
"Sec. 8. Possession or Use of Prohibited person who, unless authorized by law,
Drugs. - The penalty of reclusion shall engage in the manufacture of any
perpetua to death and a fine ranging regulated drug.
from five hundred thousand pesos to ten "Sec. 15. Sale, Administration,
million pesos shall be imposed upon any Dispensation, Delivery, Transportation
person who, unless authorized by law, and Distribution of Regulated Drugs. -
shall possess or use any prohibited drug The penalty of reclusion perpetua to
subject to the provisions of Section 20 death and a fine ranging from five
hereof. hundred thousand pesos to ten million
"Sec. 9. Cultivation of Plants which are pesos shall be imposed upon any
Sources of Prohibited Drugs. - The person who, unless authorized by law,
penalty of reclusion perpetua to death shall sell, dispense, deliver, transport or
and a fine ranging from five hundred distribute any regulated drug.
thousand pesos to ten million pesos Notwithstanding the provisions of
shall be imposed upon any person who Section 20 of this Act to the contrary, if
shall plant, cultivate or culture any the victim of the offense is a minor, or
medium Indian hemp, opium poppy should a regulated drug involved in any
(papaver somniferum), or any other offense under this Section be the
plant which is or may hereafter be proximate cause of the death of a victim
classified as dangerous drug or from thereof, the maximum penalty herein
which any dangerous drug may be provided shall be imposed."
manufactured or derived.
Section 15. There shall be incorporated after
The land or portions hereof, and/or Section 15 of Article III of Republic Act No. 6425,
greenhouses on which any of said as amended, known as the Dangerous Drug Act
plants is cultivated or cultured shall be of 1972, a new section to read as follows:
confiscated and escheated to the State,
unless the owner thereof can prove that "Sec. 15-a. Maintenance of a den, dive
he did not know such cultivation or or resort for regulated drug users. - The
culture despite the exercise of due penalty of reclusion perpetua to death
diligence on his part. and a fine ranging from five hundred
thousand pesos to ten million pesos
If the land involved in is part of the shall be imposed upon any person or
public domain, the maximum of the group of persons who shall maintain a
penalties herein provided shall be den, dive or resort where any regulated
imposed upon the offender." drugs is used in any form, or where
Section 14.Sections 14, 14-A, and 15 of Article such regulated drugs in quantities
III of Republic Act No. 6425, as amended, specified in Section 20, paragraph 1 of
known as the Dangerous Drugs Act of 1972, are this Act are found.
hereby amended to read as follows: Notwithstanding the provisions of
"Sec. 14. Importation of Regulated Section 20 of this Act to the contrary, the
Drugs. - The penalty of reclusion maximum penalty herein provided shall
perpetua to death and a fine ranging be imposed in every case where a
from five hundred thousand pesos to ten regulated drug is administered,
million pesos shall be imposed upon any

203
 delivered or sold to a minor who is 6. 50 grams or more of
allowed to use the same in such place. marijuana resin or marijuana
resin oil;
Should a regulated drug be the
proximate cause of the death of a 7. 40 grams or more of cocaine
person using the same in such den, dive or cocaine hydrochloride; or
or resort, the maximum penalty herein 8. In the case of other
provided shall be imposed on the dangerous drugs, the quantity of
maintainer notwithstanding the which is far beyond therapeutic
provisions of Section 20 of this Act to requirements, as determined
the contrary." and promulgated by the
Section 16. Section 16 of Article III of Republic Dangerous Drugs Board, after
Act No. 6425, as amended, known as the public consultations/hearings
Dangerous Drugs Act of 1972, is amended to conducted for the purpose.
read as follows: Otherwise, if the quantity involved is
"Sec. 16. Possession or Use of less than the foregoing quantities, the
Regulated Drugs. - The penalty of penalty shall range from prision
reclusion perpetua to death and a fine correccional to reclusion perpetua
ranging from five hundred thousand depending upon the quantity.
pesos to ten million pesos shall be Every penalty imposed for the unlawful
imposed upon any person who shall importation, sale, administration,
possess or use any regulated drug delivery, transportation or manufacture
without the corresponding license or of dangerous drugs, the cultivation of
prescription, subject to the provisions of plants which are sources of dangerous
Section 20 hereof." drugs and the possession of any opium
Section 17. Section 20, Article IV of pipe and other paraphernalia for
Republic Act No. 6425, as amended, dangerous drugs shall carry with it the
known as the Dangerous Drugs Act of confiscation and forfeiture, in favor of
1972, is hereby amended to read as the Government, of all the proceeds of
follows: the crime including but not limited to
money and other obtained thereby and
Sec. 20. Application of Penalties,
the instruments or tools with which it
Confiscation and Forfeiture of the
was committed, unless they are the
Proceeds or Instruments of the Crime. -
property of a third person not liable for
The penalties for offenses under Section
the offense, but those which are not of
3, 4, 7, 8 and 9 of Article II and Sections
lawful commerce shall be ordered
14, 14-A, 15 and 16 of Article III of this
destroyed without delay. Dangerous
Act shall be applied if the dangerous
drugs and plant sources of such drugs
drugs involved is in any of the following
as well as the proceeds or instruments
quantities :
of the crime so confiscated and forfeited
1. 40 grams or more of opium; in favor of the Government shall be
2. 40 grams or more of turned over to the Board for proper
morphine; disposal without delay.

3. 200 grams or more of shabu Any apprehending or arresting officer

or methylamphetamine who misappropriates or misapplies or
hydrochloride; fails to account for seized or confiscated
dangerous drugs or plant-sources of
4. 40 grams or more of heroin; dangerous drugs or proceeds or
5. 750 grams or more of indian instruments of the crime as are herein
hemp or marijuana; defined shall after conviction be
punished by the penalty of reclusion
perpetua to death and a fine ranging

204
 from five hundred thousand pesos to ten carnapping is committed without
million pesos." violence or intimidation of persons, or
force upon things; and by imprisonment
Section 18. There shall be incorporated after
for not less than seventeen years and
Section 20 of Republic Act No. 6425, as
four months and not more than thirty
amended, known as the Dangerous Drugs Act of
years, when the carnapping is
1972, a new section to read as follows:
committed by means of violence against
"Sec. 20-A. Plea-bargaining Provisions. or intimidation of any person, or force
- Any person charged under any upon things; and the penalty of reclusion
provision of this Act where the perpetua to death shall be imposed
imposable penalty is reclusion perpetua when the owner, driver or occupant of
to death shall not be allowed to avail of the carnapped motor vehicle is killed or
the provision on plea bargaining." raped in the course of the commission
Section 19. Section 24 of Republic Act No. of the carnapping or on the occasion
6425, as amended, known as the Dangerous thereof."
Drugs Act of 1972, is hereby amended to read Section 21. Article 27 of the Revised Penal
as follows : Code, as amended, is hereby amended to read
"Sec. 24. Penalties for Government as follows:
Official and Employees and Officers and "Art. 27. Reclusion perpetua. - The
Members of Police Agencies and the penalty of reclusion perpetua shall be
Armed Forces, 'Planting' of Evidence. - from twenty years and one day to forty
The maximum penalties provided for years.
Section 3, 4(1), 5(1), 6, 7, 8, 9, 11, 12
Reclusion temporal. - The penalty of
and 13 of Article II and Sections 14, 14-
reclusion temporal shall be from twelve
A, 15(1), 16 and 19 of Article III shall be
years and one day to twenty years.
imposed, if those found guilty of any of
the said offenses are government Prision mayor and temporary
officials, employees or officers, including disqualification. - The duration of the
members of police agencies and the penalties of prision mayor and
armed forces. temporary disqualification shall be from
six years and one day to twelve years,
Any such above government official,
except when the penalty of
employee or officer who is found guilty
disqualification is imposed as an
of "planting" any dangerous drugs
accessory penalty, in which case, it shall
punished in Sections 3, 4, 7, 8, 9 and 13
be that of the principal penalty.
of Article II and Sections 14, 14-A, 15
and 16 of Article III of this Act in the Prision correccional, suspension, and
person or in the immediate vicinity of destierro. - The duration of the penalties
another as evidence to implicate the of prision correccional, suspension, and
latter, shall suffer the same penalty as destierro shall be from six months and
therein provided." one day to six years, except when the
suspension is imposed as an accessory
Section 20. Sec. 14 of Republic Act No. 6539,
penalty, in which case, its duration shall
as amended, known as the Anti-Carnapping Act
be that of the principal penalty.
of 1972, is hereby amended to read as follows:
Arresto mayor. - The duration of the
"Sec. 14. Penalty for Carnapping. - Any
penalty of arresto mayor shall be from
person who is found guilty of
one month and one day to six months.
carnapping, as this term is defined in
S e c t i o n Tw o o f t h i s A c t , s h a l l , Arresto menor. - The duration of the
irrespective of the value of motor vehicle penalty of arresto menor shall be from
taken, be punished by imprisonment for one day to thirty days.
not less than fourteen years and eight Bond to keep the peace. - The bond to
months and not more than seventeen keep the peace shall be required to
years and four months, when the

205
 cover such period of time as the court offender of his public position, the
may determine." penalty to be imposed shall be in its
maximum regardless of mitigating
Section 22. Article 47 of the same Code is
circumstances.
hereby amended to read as follows:
The maximum penalty shall be imposed
Art. 47. In what cases the death penalty
if the offense was committed by any
shall not be imposed; Automatic review
group who belongs to an organized/
of the Death Penalty Cases. - The death
syndicated crime group.
penalty shall be imposed in all cases in
which it must be imposed under existing An organized/syndicated crime group
laws, except when the guilty person is means a group of two or more persons
below eighteen (18) years of age at the collaborating, confederating or mutually
time of the commission of the crime or is helping one another for purposes of gain
more than seventy years of age or when in the commission of any crime.
upon appeal or automatic review of the 2. The same rule shall apply with
case by the Supreme Court, the respect to any aggravating
required majority vote is not obtained for circumstances inherent in the crime to
the imposition of the death penalty, in such a degree that it must of necessity
which cases the penalty shall be accompany the commission thereof.
reclusion perpetua.
3. Aggravating or mitigating
In all cases where the death penalty is circumstances which arise from the
imposed by the trial court, the records moral attributes of the offender, or from
shall be forwarded to the Supreme his private relations with the offended
Court for automatic review and party, or from any other personal cause,
judgment by the Court en banc, within shall only serve to aggravate or mitigate
twenty (20) days but not earlier than the liability of the principals,
fifteen (15) days after promulgation of accomplices and accessories as to
the judgment or notice of denial of any whom such circumstances are
motion for new trial or reconsideration. attendant.
The transcript shall also be forwarded
within ten (10) days from the filing 4. The circumstances which consist in
thereof by the stenographic reporter." the material execution of the act, or in
the means employed to accomplish it,
Section 23. Article 62 of the same Code, as shall serve to aggravate or mitigate the
amended, is hereby amended to read as liability of those persons only who had
follows : knowledge of them at the time of the
"Art. 62. Effects of the attendance of execution of the act or their cooperation
mitigating or aggravating circumstances therein.
and of habitual delinquency. - Mitigating 5. Habitual delinquency shall have the
or aggravating circumstances and following effects :
habitual delinquency shall be taken into
account for the purpose of diminishing (a) Upon a third conviction the
or increasing the penalty in conformity culprit shall be sentenced to the
with the following rules: penalty provided by law for the
last crime of which he be found
1. Aggravating circumstances which in guilty and to the additional
themselves constitute a crime specially penalty of prision correccional in
punishable by law or which are included its medium and maximum
by the law in defining a crime and periods;
prescribing the penalty therefor shall not
be taken into account for the purpose of (b) Upon a fourth conviction, the
increasing the penalty. culprit shall be sentenced to the
penalty provided for the last
1(a). When in the commission of the crime of which he be found
crime, advantage was taken by the

206
 guilty and to the additional carrying out the sentence shall be
penalty of prision mayor in its changed to gas poisoning.
minimum and medium periods; The death sentence shall be carried out
and not later than one (1) year after the
(c) Upon a fifth or additional judgment has become final."
conviction, the culprit shall be Section 25. Article 83 of the same Code is
sentenced to the penalty hereby amended to read as follows:
provided for the last crime of
which he be found guilty and to "Art. 83. Suspension of the execution of
the additional penalty of prision the death sentence. - The death
mayor in its maximum period to sentence shall not be inflicted upon a
reclusion temporal in its woman while she is pregnant or within
minimum period. one (1) year after delivery, nor upon any
person over seventy years of age. In
Notwithstanding the provisions this last case, the death sentence shall
of this article, the total of the two be commuted to the penalty of reclusion
penalties to be imposed upon perpetua with the accessory penalties
the offender, in conformity provided in Article 40.
herewith, shall in no case
exceed 30 years. In all cases where the death sentence
has become final, the records of the
For purposes of this article, a case shall be forwarded immediately by
person shall be deemed to be a the Supreme Court to the Office of the
habitual delinquent, if within a President for possible exercise of the
period of ten years from the pardoning power."
date of his release or last
conviction of the crimes of Section 26
serious or less serious physical Section 27. If, for any reason or reasons, any
injuries, robo, hurto, estafa or part of the provision of this Act shall be held to
falsification, he is found guilty of be unconstitutional or invalid, other parts or
any of said crimes a third time provisions hereof which are not affected thereby
or oftener. shall continue to be in full force and effect.
Section 24. Article 81 of the same Code, as Section 28.This Act shall take effect fifteen (15)
amended, is hereby amended to read as days after its publication in two (2) national
follows : newspapers of general circulation. The
"Art. 81. When and how the death publication shall not be later than seven (7) days
penalty is to be executed. - The death after the approval hereof.
sentence shall be executed with Approved: December 13, 1993
preference to any other and shall
consist in putting the person under
sentence to death by electrocution. The MALACAANG
death sentence shall be executed under Manila
the authority of the Director of Prisons,
endeavoring so far as possible to PRESIDENTIAL DECREE No.
mitigate the sufferings of the person 1613
under the sentence during electrocution
as well as during the proceedings prior AMENDING THE LAW ON ARSON
to the execution. WHEREAS, findings of the police and
If the person under sentence so desires, intelligence agencies of the government reveal
he shall be anaesthetized at the that fires and other crimes involving destruction
moment of the execution. in Metro Manila and other urban centers in the
country are being perpetrated by criminal
As soon as facilities are provided by the
Bureau of Prisons, the method of

207
syndicates, some of which have foreign 6. Any building, whether used as a
connections; dwelling or not, situated in a populated
or congested area.
WHEREAS, the current law on arson suffers
from certain inadequacies that impede the Section 3.Other Cases of Arson.The penalty of
successful enforcement and prosecution of Reclusion Temporal to Reclusion Perpetua shall
arsonists; be imposed if the property burned is any of the
following:
WHEREAS, it is imperative that the high
incidence of fires and other crimes involving 1. Any building used as offices of the
destruction be prevented to protect the national government or any of its agencies;
economy and preserve the social, economic and 2. Any inhabited house or dwelling;
political stability of the country;
3. Any industrial establishment,
NOW, THEREFORE, I, FERDINAND E. shipyard, oil well or mine shaft, platform
MARCOS, President of the Philippines, by virtue or tunnel;
of the powers vested in me by the Constitution,
do hereby order and decree as part of the law of 4. Any plantation, farm, pastureland,
the land, the following: growing crop, grain field, orchard,
bamboo grove or forest;
Section 1.Arson.Any person who burns or sets
fire to the property of another shall be punished 4. Any rice mill, sugar mill, cane mill or
by Prision Mayor. mill central; and
The same penalty shall be imposed when a 5. Any railway or bus station, airport,
person sets fire to his own property under wharf or warehouse.
circumstances which expose to danger the life Section 4. Special Aggravating Circumstances
or property of another. in Arson.The penalty in any case of arson shall
Section 2. Destructive Arson. The penalty of be imposed in its maximum period;
Reclusion Temporal in its maximum period to 1. If committed with intent to gain;
Reclusion Perpetua shall be imposed if the
property burned is any of the following: 2. If committed for the benefit of
another;
1. Any ammunition factory and other
establishment where explosives, 3. If the offender is motivated by spite or
inflammable or combustible materials hatred towards the owner or occupant of
are stored. the property burned;

2. Any archive, museum, whether public 4. If committed by a syndicate.

or private, or any edifice devoted to The offense is committed by a syndicate if its is
culture, education or social services. planned or carried out by a group of three (3) or
3. Any church or place of worship or more persons.
other building where people usually Section 5. Where Death Results from Arson. If
assemble. by reason of or on the occasion of the arson
4. Any train, airplane or any aircraft, death results, the penalty of Reclusion Perpetua
vessel or watercraft, or conveyance for to death shall be imposed.
transportation of persons or property Section 6. Prima Facie evidence of Arson. Any
4. Any building where evidence is kept of the following circumstances shall constitute
for use in any legislative, judicial, prima facie evidence of arson:
a d m i n i s t r a t i v e o r o t h e r o f fi c i a l 1. If the fire started simultaneously in
proceedings. more than one part of the building or
5. Any hospital, hotel, dormitory, lodging establishment.
house, housing tenement, shopping 2. If substantial amount of flammable
center, public or private market, theater substances or materials are stored
or movie house or any similar place or within the building note necessary in the
building.

208
 business of the offender nor for Section 10. Effectivity. This Decree shall take
household us. effect immediately upon publication thereof at
least once in a newspaper of general circulation.
3. If gasoline, kerosene, petroleum or
o t h e r fl a m m a b l e o r c o m b u s t i b l e Done in the City of Manila, this 7th day of March,
substances or materials soaked in the year of Our Lord, nineteen hundred and
therewith or containers thereof, or any seventy-nine.
mechanical, electrical, chemical, or
electronic contrivance designed to start
a fire, or ashes or traces of any of the
foregoing are found in the ruins or MALACAANG
premises of the burned building or
property. Ma nila
4. If the building or property is insured PRESIDENTIAL DECREE No.
for substantially more than its actual 1744
value at the time of the issuance of the
policy. AMENDING ARTICLE THREE HUNDRED AND
TWENTY OF THE REVISED PENAL CODE
4. If during the lifetime of the
PROVISIONS ON ARSON
corresponding fire insurance policy
more than two fires have occurred in the WHEREAS, there have been rampant and
same or other premises owned or under wanton burnings of residential houses, public
the control of the offender and/or buildings, markets, hotels, and other commercial
insured. establishments;
5. If shortly before the fire, a substantial WHEREAS, to effectively discourage and deter
portion of the effects insured and stored the commission of arson, and to prevent
in a building or property had been destruction of properties and protect the lives of
withdrawn from the premises except in innocent people, it is necessary that the capital
the ordinary course of business. punishment be imposed upon arsonists;
6. If a demand for money or other NOW, THEREFORE, I, FERDINAND E.
valuable consideration was made before MARCOS, President of the Philippines, by virtue
the fire in exchange for the desistance of the powers vested in me by the Constitution,
of the offender or for the safety of the do hereby order and decree that Article 320,
person or property of the victim. Revised Penal Code be amended:
S e c t i o n 7 . C o n s p i r a c y t o c o m m i t Section 1. Article 320 of the Revised Penal
Arson. Conspiracy to commit arson shall be Code shall read as follows:
punished by Prision Mayor in its minimum "Article 320 Destructive Arson. The penalty of
period. reclusion temporal in its maximum period to
Section 8.Confiscation of Object of Arson.The death shall be imposed upon any person who
building which is the object of arson including shall burn:
the land on which it is situated shall be 1. One (1) or more buildings or edifices,
confiscated and escheated to the State, unless consequent to one single act of burning,
the owner thereof can prove that he has no or as result of simultaneous burnings, or
participation in nor knowledge of such arson committed on several or different
despite the exercise of due diligence on his part. occasions;
Section 9.Repealing Clause.The provisions of 2. Any building of public or private
Articles 320 to 326-B of the Revised Penal Code ownership, devoted to the use of the
and all laws, executive orders, rules and public in general, or where people
regulations, or parts thereof, inconsistent with usually gather or congregated for a
the provisions of this Decree are hereby definite purpose such as but not limited
repealed or amended accordingly. to official governmental function or
business, private transaction,

209
 commerce, trade, worship, meetings the mandatory penalty of death shall be
and conferences, or merely incidental to imposed."
a definite purpose such as but not Section 2. Provisions of Articles 320, 321 and
limited to hotels, motels, transient 322 of the Revised Penal Code which are or
dwellings, public conveyance or stops or may be inconsistent herewith are hereby
terminals, regardless of whether the repealed.
offender had knowledge that there are
persons in said building or edifice at the Section 3. Effectivity. This Decree shall take
time it is set on fire, and regardless also effect immediately.
of whether the building is actually Done in the City of Manila, this 11th day of
inhabited or not. November, in the year of Our Lord, nineteen
3. Any train or locomotive, ship or hundred and eighty.
vessel, airship or airplane, devoted to
transportation or convenience, or public
use, entertainment or leisure.
4. Any building, factory, warehouse
installation and any appurtenances
thereto, which are devoted to the
service of public utilities.
5. Any building, the burning of which is
for the purpose of concealing or
destroying evidence of another violation
of law, or for the purpose of concealing
bankruptcy or defrauding creditors or to
collect from insurance.
Irrespective of the application of the above
enumerated qualifying circumstances, the
penalty of death shall likewise be imposed when
the arson is perpetrated or committed by two (2)
or more persons or by a group of persons,
regardless of whether their purpose is merely to
burn or destroy the building or the edifice, or the
burning merely constitutes an overt act in the
commission or another violation of law.
The penalty of reclusion temporal in its
maximum period to death shall also be imposed
upon any person who shall burn:
(a) Any arsenal, shipyard, storehouse or
military powder or fireworks factory,
ordinance storehouse, archives or
general museum of the government.
(b) In an inhabited place, any
storehouse or factory of inflammable or
explosive materials.
If as a consequence of the commission of any of
the acts penalized under this Article, death or
injury results, or any valuable documents,
equipment, machineries, apparatus, or other
valuable properties were burned or destroyed,

210
 NOW, THEREFORE, I, FERDINAND E.
MARCOS, President of the Philippines, by virtue
of the powers vested in me by the Constitution,
do hereby decree and order as follows:
Section 1. Any person or persons who shall
commit estafa or other forms of swindling as
defined in Article 315 and 316 of the Revised
Penal Code, as amended, shall be punished by
life imprisonment to death if the swindling
(estafa) is committed by a syndicate consisting
of five or more persons formed with the intention
of carrying out the unlawful or illegal act,
transaction, enterprise or scheme, and the
defraudation results in the misappropriation of
money contributed by stockholders, or members
of rural banks, cooperative, "samahang
nayon(s)", or farmers association, or of funds
MALACAANG solicited by corporations/associations from the
Manila general public.
PRESIDENTIAL DECREE No. When not committed by a syndicate as above
1689 defined, the penalty imposable shall be reclusion
temporal to reclusion perpetua if the amount of
April 6, 1980 the fraud exceeds 100,000 pesos.
INCREASING THE PENALTY FOR CERTAIN Section 2. This decree shall take effect
FORMS OF SWINDLING OR ESTAFA immediately.
WHEREAS, there is an upsurge in the DONE in the City of Manila, this 6th day of April,
commission of swindling and other forms of in the year of Our Lord, nineteen hundred and
frauds in rural banks, cooperatives, "samahang eighty.
nayon (s)", and farmers' associations or
corporations/associations operating on funds
solicited from the general public;
WHEREAS, such defraudation or
misappropriation of funds contributed by
stockholders or members of such rural banks,
cooperatives, "samahang nayon(s)", or farmers'
associations, or of funds solicited by
corporations/associations from the general
public, erodes the confidence of the public in the
banking and cooperative system, contravenes
the public interest, and constitutes economic
sabotage that threatens the stability of the
nation;
WHEREAS, it is imperative that the resurgence
of said crimes be checked, or at least minimized,
by imposing capital punishment on certain forms
of swindling and other frauds involving rural
banks, cooperatives, "samahang nayon(s)",
farmers' associations or corporations/
associations operating on funds solicited from
the general public;

211
Republic of the Philippines suspended, or obtained with intent to
Congress of the Philippines defraud;
Metro Manila (d) Access Device Fraudulently Applied
Tenth Congress for means any access device that was
applied for or issued on account of the

use of falsified document, false

Republic Act No. 8484 information, fictitious identities and
addresses, or any form of false pretense
February 11, 1998 or misrepresentation;
AN ACT REGULATING THE ISSUANCE AND (e) Consumer means a natural
USE OF ACCESS DEVICES, PROHIBITING person;
FRAUDULENT ACTS COMMITTED RELATIVE
(f) Credit Card means any card, plate,
THERETO, PROVIDING PENALTIES AND FOR
coupon book, or other credit device
OTHER PURPOSES
existing for the purpose of obtaining
Be it enacted by the Senate and House of money, goods, property, labor or
Representatives of the Philippines in Congress services or any thing of value on credit;
assembled::
(g) Device Making or Altering Equipment
Section 1.Short title. This Act shall be known means any equipment, mechanism or
as the "Access Devices Regulation Act of impression designed or primarily used
1998." for making or altering or reencoding an
Section 2. Declaration of policy. The State access device or a counterfeit access
recognizes the recent advances in technology device;
and the widespread use of access devices in (h) Finance Charges represent the
commercial transactions. Toward this end, the amount to be paid by the debtor incident
State shall protect the rights and define the to the extension of credit such as
liabilities of parties in such commercial interest or discounts, collection fees,
transactions by regulating the issuance and use credit investigation fees, and other
of access devices. service charges;
Section 3.Definition of terms. For purposes (i) Open-end-credit plan means a
of this Act, the terms: consumer credit extended on an
(a) Access Device means any card, account pursuant to a plan under which:
plate, code, account number, electronic 1) the creditor may permit the
serial number, personal identification person to make purchase or
number, or other telecommunications obtain loans, from time to time,
service, equipment, or instrumental directly from the creditor or
identifier, or other means of account indirectly by use of credit card,
access that can be used to obtain or other service;
money, good, services, or any other
2) the person has the privilege
thing of value or to initiate a transfer of
of paying the balance; or
funds (other than a transfer originated
solely by paper instrument); 3) a finance charge may be
computed by the creditor from
(b) Counterfeit Access Device means
time to time on an unpaid
any access device that is counterfeit,
balance.(j) Penalty Charges
fictitious, altered, or forged, or an
means such amount, in addition
identifiable component of an access
to interest, imposed on the
device or counterfeit access device;
credit card holder for non-
(c) Unauthorized Access Device payment of an account within a
means any access device that is stolen, prescribed period;
lost, expired, revoked, canceled,

212
 (k) Produce includes design, alter, (c) Balance Calculation Method the
authenticate, duplicate or assemble; and name or a detailed explanation of the
balance calculation method used in
(l) Trafficking means transferring, or
determining the balance upon which the
otherwise disposing of, to another, or
finance charge is computed.
obtaining control of, with intent to
transfer or dispose of. (d) Cash Advance Fee any fee
imposed for an extension of credit in the
Section 4. Credit Card Application and
form of cash.
Solicitation. Any application to open a credit
card account for any person under an open-end (e) Over-the-Limit-Fee any fee
credit plan or a solicitation to open such an imposed in connection with an extension
account, either by mail, telephone or other of credit in excess of the amount of
means, shall disclose in writing or orally, as the credit authorized to be extended with
case may be, the following information: respect to such amount: Provided,
however, That in case the application or
(a) Annual Percentage Rate
solicitation to open a credit card account
1) Each annual percentage rate for any person under an open-end
of interest on the amount of consumer credit plan be made through
credit obtained by the credit catalogs, magazines, or other
card holder under such credit publications, the following additional
plan. Where an extension of information shall be disclosed:
credit is subject to a variable
1) A statement, in a conspicuous
rate, the fact that the rate is
and prominent location on the
variable, and the annual
application or solicitation, that:
percentage rate in effect at the
time of the mailing. i) the information is
accurate as of the date
2) Where more than one rate
the application or
applies, the range of balances
solicitation was printed;
to which each rate applies.
ii) the information
(b) Annual and other Fees
contained in the
1) Any annual fee, other periodic application or
fee, or membership fee imposed solicitation is subject to
for the issuance or availability of change after such date;
a credit card, including any
iii) the applicant should
account maintenance fee or any
contact the creditor for
other charge imposed based on
information on any
activity or inactivity for the
change in the
account during the billing cycle.
information contained in
2) Any minimum finance charge the application or
imposed for each period during solicitation since it was
which any extension of credit printed;
which is subject to a finance
(2) The date the application or
charge is outstanding.
solicitation was printed; and
3) Any transaction charge
(3) In a conspicuous and
imposed in connection with use
prominent location on the
of the card to purchase goods or
application or solicitation, a toll
services.
free telephone number or
4) Any fee, penalty or surcharge mailing address which the
imposed for the delay in applicant may contact to obtain
payment of an account. any change in the information

213
 provided in the application or (d) the method by which the consumer
solicitation since it was printed. may terminate continued credit
availability under the account: Provided,
Section 5. Computations. In addition to the
That the disclosures required by this
foregoing, a credit card issuer must, to the
section must be made prior to posting a
extent practicable, provide a detailed
fee described in Section 4 (b) (1) to the
explanation and a clear illustration of the manner
account, or with the periodic billing
by which all charges and fees are computed.
statement first disclosing that the fee
Section 6. Exceptions. The disclosures has been posted to the account subject
required under Section 4 of this Act may be to the condition that the consumer is
omitted in any telephone solicitation or given thirty (30) day period to avoid
application if the credit card issuer: payment of the fee or to have the fee
(a) does not impose any fee in recredited to the account in any case
connection with paragraph (b)(1), where the consumer does not wish to
Section 4 of this Act; continue the availability of the credit.

(b) does not impose any fee in Section 8. Failure to Disclose. Credit card
connection with telephone solicitation companies which shall fail to disclose the
u n l e s s t h e c o n s u m e r s i g n i fi e s information required under Sections 4, 5 and 7
acceptance by using the card; of this Act, after due notice and hearing, shall be
subject to suspension or cancellation of their
(c) discloses clearly the information authority to issue credit cards by the Bangko
described in Section 4 of this Act in Sentral ng Pilipinas, Securities and Exchange
writing within thirty (30) days after the Commission and such other government
consumer requests the card, but in no agencies.
event later than the date of delivery of
the card; and Section 9. Prohibited Acts. The following
acts shall constitute access device fraud and are
(d) discloses clearly that the consumer hereby declared to be unlawful:
is not obligated to accept the card or
account and the consumer will not be (a) producing, using, trafficking in one or
obligated to pay any fees or charges more counterfeit access devices;
disclosed unless the consumer elects to ( b ) t r a f fi c k i n g i n o n e o r m o r e
accept the card or account by using the unauthorized access devices or access
card. devices fraudulently applied for;
Section 7. Disclosure Prior to Renewal. (c) using, with intent to defraud, an
Except in telephone solicitations a card issuer unauthorized access device;
that imposes any fee described in Section 4
(d) using an access device fraudulently
shall transmit to a consumer's credit card
applied for;
account a clear and conspicuous disclosure of:
(e) possessing one or more counterfeit
(a) the date by which, the month by
access devices or access devices
which, or the billing period at the close
fraudulently applied for;
of which, the account will expire if not
renewed; (f) producing, trafficking in, having
control or custody of, or possessing
(b) the information described in Section
device-making or altering equipment
4 which shall be transmitted to a
without being in the business or
consumer at least thirty (30) days prior
employment, which lawfully deals with
to the scheduled renewal date of the
the manufacture, issuance, or
consumer's credit card account;
distribution of such equipment;
(c) the information described in Section
(g) inducing, enticing, permitting or in
4 (a) (1) which shall be transmitted to a
any manner allowing another, for
consumer's credit card account; and
consideration or otherwise to produce,
use, traffic in counterfeit access devices,

214
unauthorized access devices or access (o) without the authorization of the
devices fraudulently applied for; issuer of the access device, soliciting a
person for the purpose of:
(h) multiple imprinting on more than one
transaction record, sales slip or similar 1) offering an access device; or
document, thereby making it appear that 2) selling information regarding
the device holder has entered into a or an application to obtain an
transaction other than those which said access device; or
device holder had lawfully contracted
for, or submitting, without being an (p) without the authorization of the credit
affiliated merchant, an order to collect card system member or its agent,
from the issuer of the access device, causing or arranging for another person
such extra sales slip through an to present to the member or its agent,
affiliated merchant who connives for payment, one or more evidence or
therewith, or, under false pretenses of records of transactions made by credit
being an affiliated merchant, present for card.
collection such sales slips, and similar Section 10.Penalties. Any person committing
documents; any of the acts constituting access device fraud
(i) disclosing any information imprinted enumerated in the immediately preceding
on the access device, such as, but not section shall be punished with:
limited to, the account number or name (a) a fine of Ten thousand pesos
or address of the device holder, without (P10,000.00) or twice the value obtained
the latter's authority or permission; by the offense, whichever is greater and
(j) obtaining money or anything of value imprisonment for not less than six (6)
through the use of an access device, years and not more than ten (10) years,
with intent to defraud or with intent to in the case of an offense under Section
gain and fleeing thereafter; 9 (b)-(e), and (g)-(p) which does not
occur after a conviction for another
(k) having in one's possession, without offense under Section 9;
authority from the owner of the access
device or the access device company, (b) a fine of Ten thousand pesos
an access device, or any material, such (P10,000.00) or twice the value obtained
as slips, carbon paper, or any other by the offense, and imprisonment for not
medium, on which the access device is less than ten (10) years and for not
written, printed, embossed, or otherwise more than twelve (12) years, in the case
indicated; of an offense under Section 9 (a), and (f)
of the foregoing section, which does not
(l) writing or causing to be written on occur after a conviction for another
sales slips, approval numbers from the offense under Section 9; and
issuer of the access device of the fact of
approval, where in fact no such approval (c) a fine of Ten thousand pesos
was given, or where, if given, what is (P10,000.00) or twice the value obtained
written is deliberately different from the by the offense, or imprisonment for not
approval actually given; less than twelve (12) years and not
more than twenty (20) years, or both, in
(m) making any alteration, without the the case of any offense under Section 9,
access device holder's authority, of any which occurs after a conviction for
amount or other information written on another offense under said subsection,
the sales slip; or an attempt to commit the same.
(n) effecting transaction, with one or Section 11. Conspiracy to commit access
more access devices issued to another device fraud. If two (2) or more persons
person or persons, to receive payment conspire to commit any of the offenses listed in
or any other thing of value; Section 9 and one or more of such persons does
any act to effect the object of the conspiracy,

215
each of the parties to such conspiracy shall be (c) access device fraudulently applied
punished as in the case of the doing of the act, for;
the accomplishment of which is the object of (d) any device-making or altering
such conspiracy. equipment by any person whose
Section 12.Frustrated and attempted access business or employment does not
device fraud. Any person who performs all the lawfully deal with the manufacture,
acts of execution which would produce any of issuance, or distribution of access
the unlawful acts enumerated in Section 9 of this device;
Act, but which nevertheless does not produce it (e) an access device or medium on
by reason of causes independent of the will of which an access device is written, not in
said person, shall be punished with two-thirds the ordinary course of the possessor's
(2/3) of the fine and imprisonment provided for trade or business; or
the consummated offenses listed in said section.
Any person who commences the commission of (f) a genuine access device, not in the
any of the unlawful acts enumerated in Section 9 name of the possessor, or not in the
of this Act directly by overt acts and does not ordinary course of the possessor's trade
perform all the acts of execution which would or business, shall be prima facie
produce the said acts by reason of some cause evidence that such device or equipment
or accident other than said person's own is intended to be used to defraud.
spontaneous desistance, shall be punished with A cardholder who abandons or surreptitiously
one-half (1/2) of the fine and imprisonment leaves the place of employment, business or
provided for the consummated offenses listed in residence stated in his application or credit card,
the said section. without informing the credit card company of the
Section 13. Accessory to access device place where he could actually be found, if at the
fraud. Any person who, with intent to gain for time of such abandonment or surreptitious
himself or for another, buy, receives, possesses, leaving, the outstanding and unpaid balance is
keeps, acquires, conceals, sells, or disposes of, past due for at least ninety (90) days and is
shall buy and sell, or in any manner deal in any more than Ten thousand pesos (P10,000.00),
article, item, object or anything of value which he shall be prima facie presumed to have used his
knows or should be known to him, to have been credit card with intent to defraud.
acquired through the use of counterfeit access Section 15.Loss of access devices. In case
device or an unauthorized access device or an of loss of an access device, the holder thereof
access device known to him to have been must notify the issuer of the access device of the
fraudulently applied for, shall be considered as details and circumstances of such loss upon
an accessory to an access device fraud and knowledge of the loss. Full compliance with such
shall be punished with one-half (1/2) of the fine procedure would absolve the access device
and imprisonment provided for the applicable holder of any financial liability from fraudulent
consummated offenses listed in Section 9 of this use of the access device from the time the loss
Act. Said person shall be prosecuted under this or theft is reported to the issuer.
Act or under the Anti-Fencing Law of 1979
(Presidential Decree No. 1612) whichever Section 16. Reporting requirements. All
imposes the longer prison term as penalty for companies engaged in the business of issuing
the consummated offense. access devices, including banks, financing
companies and other financial institutions
Section 14. Presumption and prima facie issuing access devices, shall furnish annually,
evidence of intent to defraud. The mere on or before the 31st of March of the succeeding
possession, control or custody of: year, a report to the Credit Card Association of
(a) an access device, without the Philippines regarding access device frauds
permission of the owner or without any committed against the holders of such entities in
lawful authority; the preceding calendar year, for consolidation
and submission to the National Bureau of
(b) a counterfeit access device; Investigation.

216
Notwithstanding this requirement, banks, AN ACT DEFINING THE CRIME OF MONEY
financing companies and other financial LAUNDERING, PROVIDING PENALTIES
institutions, including their subsidiaries and THEREFOR AND FOR OTHER PURPOSES
affiliates, issuing access devices shall continue
to be regulated and supervised by the Bangko SECTION 1. Short Title. This Act shall be
Sentral ng Pilipinas while other companies known as the "Anti-Money Laundering Act of
issuing access devices shall continue to be 2001."
regulated and supervised by the Securities and SEC. 2. Declaration of Policy. It is hereby
Exchange Commission. declared the policy of the State to protect and
Section 17.Liability under the Revised Penal preserve the integrity and confidentiality of
Code and other laws. Prosecution under this bank accounts and to ensure that the
Act shall be without prejudice to any liability for Philippines shall not be used as a money
violation of any provision of the Revised Penal laundering site for the proceeds of any
Code or any other law. unlawful activity. Consistent with its foreign
policy, the State shall extend cooperation in
Section 18. Separability clause. If any transnational investigations and prosecutions
separable provision of this Act be declared of persons involved in money laundering
unconstitutional, the remaining provisions shall activities wherever committed.
continue to be in force.
SEC. 3. Definitions. For purposes of this
Section 19. Repealing clause. Any law, Act, the following terms are hereby defined as
presidential decree or issuance, executive order, follows:
letter of instruction, administrative order, rule or
regulation contrary to, or inconsistent with, the (a) "Covered institution" refers to:
provisions of this Act is hereby repealed, (1) banks, non-banks, quasi-banks, trust
modified or amended accordingly. entities, and all other institutions and their
Section 20.Effectivity clause. This Act shall subsidiaries and affiliates supervised or
take effect fifteen (15) days after its publication regulated by the Bangko Sentral ng Pilipinas
in at least two (2) newspapers of general (BSP);
circulation. (2) insurance companies and all other
Approved:February 11, 1998 institutions supervised or regulated by the
Insurance Commission; and
(3) (i) securities dealers, brokers, salesmen,
investment houses and other similar entities
managing securities or rendering services as
investment agent, advisor, or consultant, (ii)
mutual funds, close-end investment
companies, common trust funds, pre-need
companies and other similar entities, (iii)
foreign exchange corporations, money
changers, money payment, remittance, and
transfer companies and other similar entities,
and (iv) other entities administering or
Anti-Money Laundering Act otherwise dealing in currency, commodities or
financial derivatives based thereon, valuable
of 2001 (RA 9160) objects, cash substitutes and other similar
monetary instruments or property supervised
or regulated by Securities and Exchange
Commission and Exchange Commission
(b) "Covered transaction" is a single, series, or
combination of transactions involving a total
amount in excess of Four million Philippine
pesos (Php4,000,000.00) or an equivalent
amount in foreign currency based on the
217
 the client's transaction is structured in
order to avoid being the subject of
reporting requirements under the Act;
Republic of the Philippines
5. any circumstances relating to the
Congress of the Philippines
transaction which is observed to deviate
Metro Manila
from the profile of the client and/or the
Twelfth Congress client's past transactions with the
Second Regular Session covered institution;
6. the transactions is in a way related to
Begun and held in Metro Manila, on Monday, an unlawful activity or offense under this
the twenty-second day of July, two thousand Act that is about to be, is being or has
two. been committed; or
Republic Act No. 9194 7. any transactions that is similar or
analogous to any of the foregoing."
March 7, 2003
SECTION 3. Section 3(i) of the same Act is
AN ACT AMENDING REPUBLIC ACT NO. further amended to read as follows:
9160, OTHERWISE KNOWN AS THE "ANTI-
MONEY LAUNDERING ACT OF 2001" "(i) 'Unlawful activity' refers to any act or
omission or series or combination
Be it enacted by the Senate and House of thereof involving or having direct relation
Representative of the Philippines in Congress to following:
assembled:
"(1) Kidnapping for ransom under Article
SECTION 1. Section 3, paragraph (b) of 267 of Act No. 3815, otherwise known
Republic Act No. 9160 is hereby amended as as the Revised Penal Code, as
follows: amended;
"(b) 'Covered transaction' is a "(2) Sections 4, 5, 6, 8, 9, 10, 12, 13, 14,
transaction in cash or other equivalent 15, and 16 of Republic Act No. 9165,
monetary instrument involving a total otherwise known as the Comprehensive
amount in excess of Five hundred Dangerous Act of 2002;
thousand pesos (PhP 500,000.00) within
one (1) banking day. "(3) Section 3 paragraphs B, C, E, G, H
and I of republic Act No. 3019, as
SECTION 2.Section 3 of the same Act is further amended, otherwise known as the Anti-
amended by inserting between paragraphs (b) Graft and Corrupt Practices Act;
and (c) a new paragraph designated as (b-1) to
read as follows: "(4) Plunder under Republic Act No.
7080, as amended;
"(b-1) 'Suspicious transaction' are
transactions with covered institutions, "(5) Robbery and extortion under
regardless of the amounts involved, Articles 294, 295, 296, 299, 300, 301
where any of the following and 302 of the Revised Penal Code, as
circumstances exist: amended;

1. there is no underlying legal or trade "(6) Jueteng and Masiao punished as

obligation, purpose or economic illegal gambling under Presidential
justification; Decree No. 1602;

2. the client is not properly identified; "(7) Piracy on the high seas under the
Revised Penal Code, as amended and
3. the amount involved is not Presidential under the Revised Penal
commensurate with the business or Code, as amended and Presidential
financial capacity of the client; Decree No. 532;
4. taking into account all known "(8) Qualified theft under Article 310 of
circumstances, it may be perceived that the Revised penal Code, as amended;

218
 "(9) Swindling under Article 315 of the SECTION 5.Section 7 of the same Act is hereby
Revised Penal Code, as amended; amended as follows:
"(10) Smuggling under Republic Act " S E C . 7 . C r e a t i o n o f A n t i - M o n e y
Nos. 455 and 1937; Laundering Council (AMLC).-- The Anti-
Money Laundering Council is hereby
"(11) Violations under Republic Act No.
created and shall be composed of the
8792, otherwise known as the Electrinic
Governor of the Bangko Sentral ng
Commerce Act of 2000;
Pilipinas as chairman, the
"(12) Hijacking and other violations Commissioner of the Insurance
under Republic Act No. 6235; Commission and the Chairman of the
destructive arson and murder, as Securities and Exchange Commission
defined under the Revised Penal Code, as member. The AMLC shall shall act
as amended, including those unanimously in the discharge of its
perpetrated by terrorists against non- functions as defined hereunder:
combatant persons and similar targets;
"(1) to require and receive covered or
"(13) Fraudulent practices and other suspicious transaction reports from
violations under Republic Act No. 8799, covered institutions;
otherwise known as the Securities
"(2) to issue orders addressed to the
Regulation Code of 2000;
appropriate Supervising Authority or the
"(14) Felonies or offenses of a similar covered institutions to determine the
nature that are punishable under the true identity of the owner of any
penal laws of other countries." monetary instrument or preperty subject
SECTION 4.Section 4 of the same Act is hereby of a covered transaction or suspicious
amended to read as follows: transaction report or request for
assistance from a foreign State, or
"SEC. 4. Money Laundering Offense. -- believed by the Council, on the basis fo
Money laundering is a crime whereby substantial evidence, to be, in whole or
the proceeds of an unlawful activity as in part, wherever located, representing,
herein defined are transacted, theeby involving, or related to directly or
making them appear to have originated indirectly, in any manner or by any
from legitimate sources. It is committed means, the proceeds of an unlawful
by the following: activitity.
(a) Any person knowing that any "(3) to institute civil forfeiture
monetary instrument or property proceedings and all other remedial
represents, involves, or relates to, the proceedings through the Office of th
proceeds of any unlawful activity, Solicitor General;
transacts or attempts to transacts said
monetary instrument or property. "(4) to cause the filing of complaints with
the Department of Justice or the
(b) Any person knowing that any Ombudsman for the prosecution of
monetary instrument or property money laundering offenses;
involves the proceeds of any unlawful
activity, performs or fails to perform any "(5) to investigate suspicious
act as a result of which he falicitates the transactions and covered transactions
offense of money laundering referred to deemed suspicious after an
in paragraph (a) above. investigation by AMLC, money
laundering activities and other violations
(c) Any person knowing that any of this Act;
monetary instrument or property is
required under this Act to be disclosed "(6) to apply before the Court of
a n d fi l e d w i t h t h e A n t i - M o n e y Appeals, ex parte, for the freezing of
Laundering Council (AMLC), fails to do any monetary instrument or property
so." alleged to be the proceeds of any

219
 unlawful activity as defined in Section "When reporting covered or suspicious
3(i) hereof; transactions to the AMLC, covered
institutions and their officers and
"(7) to implement such measures as
employees shall not be deemed to have
may be necessary and justified under
violated Republic Act No. 1405, as
this Act to counteract money laundering;
amended, Republic Act No. 6426, as
"(8) to receive and take action in respect amended, Republic Act No. 8791 and
of, any request from foreign states for other similar laws, but are prohibited
assistance in their own anti-money from communicating, directly or
laundering operations provided in this indirectly, in any manner or by an
Act; means, to any person, the fact that a
"(9) to develop educational programs on covered or suspicious transaction report
the pernicious effects of money was made, the contents thereof, or any
laundering, the methods and techniques other information in relation thereto. In
used in the money laundering, the viable case of violation thereof, the concerned
means of preventing money laundering officer and employee of the covered
and the effective ways of prosecuting institution shall be criminally liable.
and punishing offenders; However, no administrative, criminal or
civil proceedings, shall lie against any
"(10) to enlist the assistance of any person for having made a covered or
branch, department, bureau, office, suspicious transaction report in the
agency, or instrumentality of the regular performance of his duties in
government, including government- good faith, whether or not such reporting
owned and -controlled corporations, in results in any criminal prosecution under
undertaking any and all anti-money this Act of any other law.
laundering operations, which may
include the use of its personnel, facilities "When reporting covered or suspicious
and resources for the more resolute transactions to the AMLC, covered
prevention, detection, and investigation instituting and their officers and
of money laundering offenses and employees are prohibited from
prosecution of offenders; and communicating directly or indirectly, in
any manner or by any means, to any
"(11) to impose administrative sanctions person or entity, the media, the fact that
for the violation of laws, rules, a covered or suspicious transaction
regulations, and orders and resolutions report was made, the contents thereof,
issued pursuant thereto." or any other information in relation
SECTION 6. Section 9(c) of the same Act is thereto. Neither may such reporting be
hereby amended to read as follows: published or aired in any manner or
form by the mass media, electronic mail,
"(c) Reporting of Covered and
or other similar devices. In case of
Suspicious Transactions. -- Covered
violation thereof, the concerned officer
institutions shall report to the AMLC all
and employee of the covered institution
covered transactions and suspicious
and media shall be held criminally liable.
transactions within five(5) working days
from occurrences thereof, unless the SECTION 7. Section 10 of the same Act is
Supervising Authority prescribes a hereby amended to read as follows:
longer period not exceeding ten (10) " S e c 1 0 . F r e e z i n g o f M o n e t a r y
working days. Instrument or Property. -- The Court of
"Should a transaction be determined to Appeals, upon application ex parte by
be both a covered transaction and a the AMLC and after determination that
suspicious transaction, the covered probable cause exists that any monetary
institution shall be required to report the instrument or property is in any way
same as a suspicious transaction. related to an unlawful activity as defined
in Section 3(i) hereof, may issue a

220
 freeze order which shall be effective entitled to avail the benefits of the
immediately. The freeze order shall be Probation Law.
for a period of twenty (20) days unless "If the offender is a corporation,
extended by the court. association, partnership or any juridical
SECTION 8. Section 11 of the same Act is person, the penalty shall be imposed
hereby amended to read as follows: upon the responsible officers, as the
case may be, who participated in, or
"Sec. 11. Authority to Inquire into Bank
allowed by their gross negligence, the
Deposits. -- Notwithstanding the
commission of the crime. If the offender
provisions of Republic Act No. 1405, as
is a juridical person, the court may
amended, Republic Act No. 6426, as
suspend or revoke its license. If the offer
amended, Republic Act No. 8791, and
is an alien, he shall, in addition to the
other laws, the AMLC may inquire into
penalties herein prescribed, be deported
or examine any particular deposit or
without further proceedings after serving
investment with any banking institution
the penalties herein prescribed. If the
or non-bank financial institution upon
offender is a public official or employee,
order of any competent court in cases of
he shall, in addition to the penalties
violation of this Act, when it has been
prescribed herein, suffer perpetual or
established that there is probable cause
temporary absolute disqualification from
that the deposits or investments are
office, as the case may be.
related to an unlawful activities as
defined in Section 3(I) hereof or a "Any public official or employee who is
money laundering offense under Section called upon to testify and refuses to do
4 hereof, except that no court order shall the same or purposely fails to testify
be required in cases involving unlawful s h a l l s u ff e r t h e s a m e p e n a l t i e s
activities defined in Sections 3(I)1, (2) prescribed herein.
and (12). "(d) Breach of Confidentiality. The
"To ensure compliance with this Act, the punishment of imprisonment ranging
Bangko Sentral ng Pilipinas (BSP) may from three (3) to eight (8) years and a
inquire into or examine any deposit of fine of not less than Five hundred
investment with any banking institution thousand Philippine pesos
or non-bank financial institution when (Php500,000.00) but not more than One
the examination is made in the course of million Philippine pesos
a periodic or special examination, in (Php1,000,000.00) shall be imposed on
accordance with the rules of a person convicted for a violation under
examination of the BSP. Section 9(c). In the case of a breach of
confidentiality that is published or
SECTION 9.Section 14, paragraphs (c) and (d)
reported by media, the responsible
of the same Act is hereby amended to read as
reporter, writer, president, publisher,
follows:
manager and editor-in-chief shall be
"(c) Malicious Reporting. Any person liable under this Act.
who, with malice, or in bad faith, reports
SECTION 10. Section 15 of Republic Act No.
or files a completely unwarranted or
9160 is hereby deleted.
false information relative to money
laundering transaction against any SECTION 11. Section 23 of the same Act is
person shall be subject to a penalty to hereby amended to read as follows:
six (6) months to four (4) years "SEC. 23. Effectivity. -- This Act shall
imprisonment and a fine of not less than take effect fifteen (15) days after its
One hundred thousand Philippine pesos complete publication in the Official
(Php100,000.00) but not more than Five Gazette or in at least two (2) national
hundred thousand Philippine pesos newspapers of general circulation.
(Php500,000.00), at the discretion of the
court:Provided,That the offender is not SECTION 12. Transitory Provision. -- Existing
freeze orders issued by the AMLC shall remain

221
in force for a period of thirty (30) days after the AMENDING FOR THE PURPOSE SECTIONS
effectivity of this Act, unless extended by the 1 0 A N D 11 O F R E P U B L I C A C T N O .
Court of Appeals. 9160, OTHERWISE KNOWN AS THE ANTI-
MONEY LAUNDERING ACT OF 2001, AS
SECTION 13. Effectivity. -- This Act shall take
AMENDED, AND FOR OTHER PURPOSES
effect fifteen (15) days after its complete
publication in the Official Gazette or in at least Be it enacted by the Senate and House of
two (2) national newspapers of general Representatives of the Philippines in Congress
circulation. assembled:
Section 1.Section 10 of Republic Act No. 9160,
as amended, is hereby amended to read as
follows:
"SEC. 10. Freezing of Monetary Instrument or
Property. Upon verifiedex partepetition by the
AMLC and after determination that probable
cause exists that any monetary instrument or
property is in any way related to an unlawful
activity as defined in Section 3(i) hereof, the
Court of Appeals may issue a freeze order,
which shall be effective immediately. The freeze
order shall be for a period of twenty (20) days
unless extended by the court. In any case, the
court should act on the petition to freeze within
twenty-four (24) hours from filing of the petition.
If the application is filed a day before a
nonworking day, the computation of the twenty-
four (24)-hour period shall exclude the
nonworking days."
"A person whose account has been frozen may
file a motion to lift the freeze order and the court
must resolve this motion before the expiration of
the twenty (20)-day original freeze order."
"No court shall issue a temporary restraining
order or a writ of injunction against any freeze
order, except the Supreme Court."
Section 2.Section 11 of the same Act is hereby
amended to read as follows:
"SEC. 11. Authority to Inquire into Bank
Republic of the Philippines Deposits. Notwithstanding the provisions of
CONGRESS OF THE PHILIPPINES Republic Act No. 1405, as amended; Republic
Metro Manila Act No. 6426, as amended; Republic Act No.
8791; and other laws, the AMLC may inquire into
Fifteenth Congress
or examine any particular deposit or investment,
Second Regular Session
including related accounts, with any banking
Begun and held in Metro Manila, on Monday, the institution or non-bank financial institution upon
twenty-fifth day of July, two thousand eleven. order of any competent court based on an ex
REPUBLIC ACT NO. 10167 parte application in cases of violations of this
Act, when it has been established that there is
June 06, 2012 probable cause that the deposits or investments,
AN ACT TO FURTHER STRENGTHEN THE including related accounts involved, are related
A N T I - M O N E Y L A U N D E R I N G L AW, to an unlawful activity as defined in Section 3(i)
hereof or a money laundering offense under

222
Section 4 hereof; except that no court order shall Section 5.Effectivity. This Act shall take effect
be required in cases involving activities defined fifteen (15) days after its complete publication in
in Section 3(i)(1), (2), and (12) hereof, and theOfficial Gazetteor in at least two (2) national
felonies or offenses of a nature similar to those newspapers of general circulation.
mentioned in Section 3(i)(1), (2), and (12), which
are Punishable under the penal laws of other
countries, and terrorism and conspiracy to
commit terrorism as defined and penalized
under Republic Act No. 9372."
"The Court of Appeals shall act on the
application to inquire into or examine any
deposit or investment with any banking
institution or non-bank financial institution within
twenty-four (24) hours from filing of the
application."
"To ensure compliance with this Act, the Bangko
Sentral ng Pilipinas may, in the course of a
periodic or special examination, check the
compliance of a Covered institution with the
requirements of the AMLA and its implementing
rules and regulations."
"For purposes of this section, related accounts
shall refer to accounts, the funds and sources of
which originated from and/or are materially
linked to the monetary instrument(s) or
property(ies) subject of the freeze order(s)."
"A court order ex parte must first be obtained
before the AMLC can inquire into these related
Accounts: Provided, That the procedure for
the ex parte application of the ex parte court
order for the principal account shall be the same
with that of the related accounts."
"The authority to inquire into or examine the
main account and the related accounts shall
comply with the requirements of Article III,
Sections 2 and 3 of the 1987 Constitution, which
are hereby incorporated by reference."
Section 3. Separability Clause. If any
provision of this Act or the application thereof to
any person or circumstance is held to be void, or
unconstitutional, any other provision not affected
thereby shall remain in full force and effect.
Section 4. Repealing Clause. All laws,
decrees, executive orders, rules and regulations
or parts thereof as are inconsistent with this Act
are hereby repealed, amended or modified
accordingly:Provided,That the penal provisions
shall not apply to acts done prior to the
effectivity of the AMLA on October 17, 2001 .

223
Republic of the Philippines persons, and (iii) other entities
CONGRESS OF THE PHILIPPINES administering or otherwise
Metro Manila d e a l i n g i n c u r r e n c y,
c o m m o d i t i e s o r fi n a n c i a l
Fifteenth Congress
derivatives based thereon,
Third Regular Session
valuable objects, cash
Begun and held in Metro Manila, on Monday, substitutes and other similar
the twenty-third day of July, two thousand monetary instruments or
twelve. property supervised or regulated
by the Securities and Exchange
REPUBLIC ACT NO. 10365 Commission (SEC);
AN ACT FURTHER STRENGTHENING THE "(4) jewelry dealers in precious
A N T I - M O N E Y L A U N D E R I N G L AW, metals, who, as a business,
AMENDING FOR THE PURPOSE REPUBLIC trade in precious metals, for
ACT NO. 9160, OTHERWISE KNOWN AS THE transactions in excess of One
"ANTI-MONEY LAUNDERING ACT OF 2001, million pesos (P1,000,000.00);
AS AMENDED
"(5) jewelry dealers in precious
Be it enacted by the Senate and House of stones, who, as a business,
Representatives of the Philippines in Congress trade in precious stones, for
assembled: transactions in excess of One
Section 1. Section 3(a) of Republic Act No. million pesos (P1,000,000.00);
9160, as amended, is hereby amended to read "(6) company service providers
as follows: which, as a business, provide
"(a) Covered persons, natural or any of the following services to
juridical, refer to: third parties: (i) acting as a
formation agent of juridical
"(1) banks, non-banks, quasi-
persons; (ii) acting as (or
banks, trust entities, foreign
arranging for another person to
exchange dealers, pawnshops,
act as) a director or corporate
money changers, remittance
secretary of a company, a
and transfer companies and
partner of a partnership, or a
other similar entities and all
similar position in relation to
other persons and their
other juridical persons; (iii)
s u b s i d i a r i e s a n d a f fi l i a t e s
providing a registered office,
supervised or regulated by the
business address or
Bangko Sentral ng Pilipinas
a c c o m m o d a t i o n ,
(BSP);
correspondence or
"(2) insurance companies, pre- administrative address for a
need companies and all other company, a partnership or any
persons supervised or regulated other legal person or
by the Insurance Commission arrangement; and (iv) acting as
(IC); (or arranging for another person
"(3) (i) securities dealers, to act as) a nominee
brokers, salesmen, investment shareholder for another person;
houses and other similar and
persons managing securities or "(7) persons who provide any of
rendering services as the following services:
investment agent, advisor, or
(i) managing of client
consultant, (ii) mutual funds,
money, securities or
close-end investment
other assets;
companies, common trust
funds, and other similar

224
 (ii) management of "(2) Sections 4, 5, 6, 8, 9, 10,
bank, savings or 11, 12, 13, 14, 15 and 16 of
securities accounts; Republic Act No. 9165,
otherwise known as the
(iii) organization of
Comprehensive Dangerous
contributions for the
Drugs Act of 2002;
creation, operation or
management of "(3) Section 3 paragraphs B, C,
companies; and E, G, H and I of Republic Act
No. 3019, as amended,
(iv) creation, operation
otherwise known as the Anti-
or management of
Graft and Corrupt Practices Act;
juridical persons or
arrangements, and "(4) Plunder under Republic Act
buying and selling No. 7080, as amended;
business entities. "(5) Robbery and extortion
"Notwithstanding the under Articles 294, 295, 296,
foregoing, the term 299, 300, 301 and 302 of the
covered persons shall Revised Penal Code, as
exclude lawyers and amended;
accountants acting as "(6) Jueteng and Masiao
independent legal punished as illegal gambling
professionals in relation under Presidential Decree No.
to information 1602;
concerning their clients
or where disclosure of "(7) Piracy on the high seas
information would under the Revised Penal Code,
compromise client as amended and Presidential
c o n fi d e n c e s o r t h e Decree No. 532;
attorney-client "(8) Qualified theft under Article
relationship:Provided,T 310 of the Revised Penal Code,
hat these lawyers and as amended;
accountants are
authorized to practice in "(9) Swindling under Article 315
the Philippines and shall and Other Forms of Swindling
continue to be subject under Article 316 of the Revised
to the provisions of their Penal Code, as amended;
respective codes of "(10) Smuggling under Republic
conduct and/or Act Nos. 455 and 1937;
p r o f e s s i o n a l
"(11) Violations of Republic Act
responsibility or any of
No. 8792, otherwise known as
its amendments."
the Electronic Commerce Act of
Section 2.Section 3(i) of the same Act is hereby 2000;
amended to read as follows:
"(12) Hijacking and other
"(i) Unlawful activity refers to any act or violations under Republic Act
omission or series or combination No. 6235; destructive arson and
thereof involving or having direct relation murder, as defined under the
to the following: Revised Penal Code, as
"(1) Kidnapping for ransom amended;
under Article 267 of Act No. "(13) Terrorism and conspiracy
3815, otherwise known as the to commit terrorism as defined
Revised Penal Code, as and penalized under Sections 3
amended; and 4 of Republic Act No. 9372;

225
"(14) Financing of terrorism "(23) Violations of Section 27(c),
under Section 4 and offenses (e), (f), (g) and (i), of Republic
punishable under Sections 5, 6, Act No. 9147, otherwise known
7 and 8 of Republic Act No. as the Wildlife Resources
10168, otherwise known as the Conservation and Protection
Terrorism Financing Prevention Act;
and Suppression Act of 2012: "(24) Violation of Section 7(b) of
"(15) Bribery under Articles 210, Republic Act No. 9072,
211 and 211-A of the Revised otherwise known as the National
Penal Code, as amended, and Caves and Cave Resources
Corruption of Public Officers Management Protection Act;
under Article 212 of the Revised "(25) Violation of Republic Act
Penal Code, as amended; No. 6539, otherwise known as
"(16) Frauds and Illegal the Anti-Carnapping Act of 2002,
Exactions and Transactions as amended;
under Articles 213, 214, 215 and "(26) Violations of Sections 1, 3
216 of the Revised Penal Code, and 5 of Presidential Decree
as amended; No. 1866, as amended,
"(17) Malversation of Public otherwise known as the decree
Funds and Property under Codifying the Laws on Illegal/
Articles 217 and 222 of the Unlawful Possession,
Revised Penal Code, as Manufacture, Dealing In,
amended; Acquisition or Disposition of
Firearms, Ammunition or
"(18) Forgeries and
Explosives;
Counterfeiting under Articles
163, 166, 167, 168, 169 and "(27) Violation of Presidential
176 of the Revised Penal Code, Decree No. 1612, otherwise
as amended; known as the Anti-Fencing Law;
"(19) Violations of Sections 4 to "(28) Violation of Section 6 of
6 of Republic Act No. 9208, Republic Act No. 8042,
otherwise known as the Anti- otherwise known as the Migrant
Trafficking in Persons Act of Workers and Overseas Filipinos
2003; Act of 1995, as amended by
Republic Act No. 10022;
"(20) Violations of Sections 78
t o 7 9 o f C h a p t e r I V, o f "(29) Violation of Republic Act
Presidential Decree No. 705, No. 8293, otherwise known as
otherwise known as the Revised the Intellectual Property Code of
Forestry Code of the the Philippines;
Philippines, as amended; "(30) Violation of Section 4 of
"(21) Violations of Sections 86 Republic Act No. 9995,
to 106 of Chapter VI, of otherwise known as the Anti-
Republic Act No. 8550, Photo and Video Voyeurism Act
otherwise known as the of 2009;
Philippine Fisheries Code of "(31) Violation of Section 4 of
1998; Republic Act No. 9775,
"(22) Violations of Sections 101 otherwise known as the Anti-
to 107, and 110 of Republic Act Child Pornography Act of 2009;
No. 7942, otherwise known as "(32) Violations of Sections 5, 7,
the Philippine Mining Act of 8, 9, 10(c), (d) and (e), 11, 12
1995; and 14 of Republic Act No.

226
 7610, otherwise known as the respect to said monetary
Special Protection of Children instrument or property;
Against Abuse, Exploitation and "(d) attempts or conspires to
Discrimination; commit money laundering
"(33) Fraudulent practices and offenses referred to in
other violations under Republic paragraphs (a), (b) or (c);
Act No. 8799, otherwise known "(e) aids, abets, assists in or
as the Securities Regulation counsels the commission of the
Code of 2000; and money laundering offenses
"(34) Felonies or offenses of a referred to in paragraphs (a), (b)
similar nature that are or (c) above; and
punishable under the penal laws "(f) performs or fails to perform
of other countries." any act as a result of which he
Section 3.Section 3 of the same Act shall have facilitates the offense of money
new paragraphs (j) and (k). laundering referred to in
paragraphs (a), (b) or (c) above.
"(j) Precious metals shall mean gold,
silver, platinum, palladium, rhodium, "Money laundering is also committed by
ruthenium, iridium and osmium. These any covered person who, knowing that a
include alloys of precious metals, covered or suspicious transaction is
solders and plating chemicals such as required under this Act to be reported to
rhodium and palladium plating solutions the Anti-Money Laundering Council
and potassium gold cyanide and (AMLC), fails to do so."
potassium silver cyanide and silver Section 5. Section 6(a) of the same Act is
cyanide in salt solution. hereby amended to read as follows:
"(k) Precious stones shall mean " S E C . 6 . P r o s e c u t i o n o f M o n e y
diamond, ruby, emerald, sapphire, opal, Laundering.
amethyst, beryl, topaz, and garnet that
are used in jewelry making, including "(a) Any person may be charged
those formerly classified as semi- with and convicted of both the
precious stones." offense of money laundering
and the unlawful activity as
Section 4. Section 4 of the same Act is hereby herein defined.
amended to read as follows:
"(b) The prosecution of any
"SEC. 4. Money Laundering Offense. offense or violation under this
Money laundering is committed by any Act shall proceed independently
person who, knowing that any monetary of any proceeding relating to the
instrument or property represents, unlawful activity."
involves, or relates to the proceeds of
any unlawful activity: Section 6. Section 7 of the same Act is hereby
amended to read as follows:
"(a) transacts said monetary
instrument or property; "SEC. 7. Creation of Anti-Money
Laundering Council (AMLC). The Anti-
"(b) converts, transfers, Money Laundering Council is hereby
disposes of, moves, acquires, created and shall be composed of the
possesses or uses said Governor of the Bangko Sentral ng
monetary instrument or Pilipinas as Chairman, the
property; Commissioner of the Insurance
"(c) conceals or disguises the Commission and the Chairman of the
true nature, source, location, Securities and Exchange Commission,
disposition, movement or as members. The AMLC shall act
ownership of or rights with

227
 unanimously in the discharge of its "x x x
functions as defined hereunder: "x x x
"x x x "When reporting covered or suspicious
"(6) to apply before the Court of transactions to the AMLC, covered
Appeals, ex parte, for the freezing of p e r s o n s a n d t h e i r o f fi c e r s a n d
any monetary instrument or property employees are prohibited from
alleged to be laundered, proceeds from, communicating, directly or indirectly, in
or instrumentalities used in or intended any manner or by any means, to any
for use in any unlawful activity as person or entity, the media, the fact that
defined in Section 3(i) hereof; a covered or suspicious transaction has
been reported or is about to be reported,
"x x x
the contents of the report, or any other
"(12) to require the Land Registration information in relation thereto. Neither
Authority and all its Registries of Deeds may such reporting be published or
to submit to the AMLC, reports on all aired in any manner or form by the mass
real estate transactions involving an media", electronic mail, or other similar
amount in excess of Five hundred devices. In case of violation thereof, the
thousand pesos (P500,000.00) within concerned officer and employee of the
fifteen (15) days from the date of covered person and media shall be held
registration of the transaction, in a form criminally liable."
to be prescribed by the AMLC. The
Section 8. Section 10 of the same Act, as
AMLC may also require the Land
amended by Republic Act No. 10167, is hereby
Registration Authority and all its
amended to read as follows:
Registries of Deeds to submit copies of
relevant documents of all real estate "SEC. 10. Freezing of Monetary
transactions." Instrument or Property. Upon a
verified ex parte petition by the AMLC
Section 7. Section 9(c), paragraphs 1 and 4 of
and after determination that probable
the same Act are hereby amended to read as
cause exists that any monetary
follows:
instrument or property is in any way
" S E C . 9 . P r e v e n t i o n o f M o n e y related to an unlawful activity as defined
Laundering; Customer Identification in Section 3(i) hereof, the Court of
Requirements and Record Keeping. Appeals may issue a freeze order which
"(a) x x x shall be effective immediately, and
which shall not exceed six (6) months
"(b) x x x depending upon the circumstances of
"(c) Reporting of Covered and the case: Provided, That if there is no
Suspicious Transactions. Covered case filed against a person whose
persons shall report to the AMLC all account has been frozen within the
covered transactions and suspicious period determined by the court, the
transactions within five (5) working days freeze order shall be deemed ipso
from occurrence thereof, unless the facto lifted: Provided, further, That this
AMLC prescribes a different period not new rule shall not apply to pending
exceeding fifteen (15) working days. cases in the courts. In any case, the
court should act on the petition to freeze
"Lawyers and accountants acting as
within twenty-four (24) hours from filing
independent legal professionals are not
of the petition. If the application is filed a
required to report covered and
day before a nonworking day, the
suspicious transactions if the relevant
computation of the twenty-four (24)-hour
information was obtained in
period shall exclude the nonworking
circumstances where they are subject to
days.
professional secrecy or legal
professional privilege.

228
 "A person whose account has been or any other person claiming an interest
frozen may file a motion to lift the freeze therein may apply, by verified petition,
order and the court must resolve this for a declaration that the same
motion before the expiration of the legitimately belongs to him and for
freeze order. segregation or exclusion of the
monetary instrument or property
"No court shall issue a temporary
corresponding thereto. The verified
restraining order or a writ of injunction
petition shall be filed with the court
against any freeze order, except the
which rendered the judgment of
Supreme Court."
forfeiture, within fifteen (15) days from
Section 9.Section 12 of the same Act is hereby the date of the finality of the order of
amended to read as follows: forfeiture, in default of which the said
" ( a ) C i v i l F o r f e i t u r e . U p o n order shall become final and executor.
determination by the AMLC that This provision shall apply in both civil
probable cause exists that any monetary and criminal forfeiture.
instrument or property is in any way "(c) Payment in Lieu of Forfeiture.
related to an unlawful activity as defined Where the court has issued an order of
in Section 3(i) or a money laundering forfeiture of the monetary instrument or
offense under Section 4 hereof, the property subject of a money laundering
AMLC shall file with the appropriate offense defined under Section 4, and
court through the Office of the Solicitor said order cannot be enforced because
General, a verified ex parte petition for any particular monetary instrument or
forfeiture, and the Rules of Court on property cannot, with due diligence, be
Civil Forfeiture shall apply. located, or it has been substantially
"The forfeiture shall include those other altered, destroyed, diminished in value
monetary instrument or property having or otherwise rendered worthless by any
an equivalent value to that of the act or omission, directly or indirectly,
monetary instrument or property found attributable to the offender, or it has
to be related in any way to an unlawful been concealed, removed, converted, or
activity or a money laundering offense, otherwise transferred to prevent the
when with due diligence, the former same from being found or to avoid
cannot be located, or it has been forfeiture thereof, or it is located outside
substantially altered, destroyed, the Philippines or has been placed or
diminished in value or otherwise brought outside the jurisdiction of the
rendered worthless by any act or court, or it has been commingled with
omission, or it has been concealed, other monetary instruments or property
removed, converted, or otherwise belonging to either the offender himself
transferred, or it is located outside the or a third person or entity, thereby
Philippines or has been placed or rendering the same difficult to identify or
brought outside the jurisdiction of the be segregated for purposes of forfeiture,
court, or it has been commingled with the court may, instead of enforcing the
other monetary instrument or property order of forfeiture of the monetary
belonging to either the offender himself instrument or property or part thereof or
or a third person or entity, thereby interest therein, accordingly order the
rendering the same difficult to identify or convicted offender to pay an amount
be segregated for purposes of forfeiture. equal to the value of said monetary
instrument or property. This provision
"(b)Claim on Forfeited Assets. Where shall apply in both civil and criminal
the court has issued an order of forfeiture."
forfeiture of the monetary instrument or
property in a criminal prosecution for Section 10. Section 14 of the same Act, as
any money laundering offense defined amended, is hereby further amended to read as
under Section 4 of this Act, the offender follows:

229
"SEC. 14. Penal Provisions. (a) "After due notice and hearing, the AMLC
Penalties for the Crime of Money shall, at its discretion, impose sanctions,
Laundering. The penalty of including monetary penalties, warning or
imprisonment ranging from seven (7) to reprimand, upon any covered person, its
fourteen (14) years and a fine of not less directors, officers, employees or any
than Three million Philippine pesos other person for the violation of this Act,
(Php3,000,000.00) but not more than its implementing rules and regulations,
twice the value of the monetary or for failure or refusal to comply with
instrument or property involved in the AMLC orders, resolutions and other
offense, shall be imposed upon a person issuances. Such monetary penalties
convicted under Section 4(a), (b), (c) shall be in amounts as may be
and (d) of this Act. determined by the AMLC to be
appropriate, which shall not be more
"The penalty of imprisonment from four
than Five hundred thousand Philippine
(4) to seven (7) years and a fine of not
pesos (P500,000.00) per violation.
less than One million five hundred
1wphi1
thousand Philippine pesos
(Php1,500,000.00) but not more than "The AMLC may promulgate rules on
Three million Philippine pesos fi n e s a n d p e n a l t i e s t a k i n g i n t o
(Php3,000,000.00), shall be imposed consideration the attendant
upon a person convicted under Section circumstances, such as the nature and
4(e) and (f) of this Act. gravity of the violation or irregularity.
"The penalty of imprisonment from six "(g) The provision of this law shall not be
(6) months to four (4) years or a fine of construed or implemented in a manner
not less than One hundred thousand that will discriminate against certain
Philippine pesos (Php100,000.00) but customer types, such as politically-
not more than Five hundred thousand exposed persons, as well as their
Philippine pesos (Php500,000.00), or relatives, or against a certain religion,
both, shall be imposed on a person race or ethnic origin, or such other
convicted under the last paragraph of attributes or profiles when used as the
Section 4 of this Act. only basis to deny these persons access
to the services provided by the covered
"(b) x x x
persons. Whenever a bank, or quasi-
"(c) x x x bank, financial institution or whenever
"(d) x x x any person or entity commits said
discriminatory act, the person or
"(e) The penalty of imprisonment persons responsible for such violation
ranging from four (4) to seven (7) years shall be subject to sanctions as may be
and a fine corresponding to not more deemed appropriate by their respective
than two hundred percent (200%) of the regulators."
value of the monetary instrument or
property laundered shall be imposed Section 11. New sections are hereby inserted
upon the covered person, its directors, after Section 19 of the same Act, as amended,
officers or pesonnel who knowingly to read as follows:
participated in the commission of the "SEC. 20. Non-intervention in the
crime of money laundering. Bureau of Internal Revenue (BIR)
"(f) Imp o si ti o n o f A d mi n i stra ti ve Operations. Nothing contained in this
Sanctions. The imposition of the Act nor in related antecedent laws or
administrative sanctions shall be without existing agreements shall be construed
prejudice to the filing of criminal charges to allow the AMLC to participate in any
against the persons responsible for the manner in the operations of the BIR."
violation. "SEC. 21. The authority to inquire into or
examine the main account and the

230
 related accounts shall comply with the check which fine shall in no case exceed Two
requirements of Article III, Sections 2 Hundred Thousand Pesos, or both such fine and
and 3 of the 1987 Constitution, which imprisonment at the discretion of the court.
are hereby incorporated by reference. The same penalty shall be imposed upon any
Likewise, the constitutional injunction person who, having sufficient funds in or credit
against ex post facto laws and bills of with the drawee bank when he makes or draws
attainder shall be respected in the and issues a check, shall fail to keep sufficient
implementation of this Act." funds or to maintain a credit to cover the full
Section 12. The succeeding sections are amount of the check if presented within a period
hereby renumbered accordingly. of ninety (90) days from the date appearing
thereon, for which reason it is dishonored by the
Section 13. Separability Clause. If any
drawee bank.
provision of this Act is declared unconstitutional,
the same shall not affect the validity and Where the check is drawn by a corporation,
effectivity of the other provisions hereof. company or entity, the person or persons who
actually signed the check in behalf of such
Section 14. Repealing Clause. All laws,
drawer shall be liable under this Act.
decrees, orders, and issuances or portions
thereof, which are inconsistent with the Section 2.Evidence of knowledge of insufficient
provisions of this Act, are hereby repealed, funds.- The making, drawing and issuance of a
amended or modified accordingly. check payment of which is refused by the
drawee because of insufficient funds in or credit
Section 15. Effectivity. This Act shall take
with such bank, when presented within ninety
effect fifteen (15) days following its publication in
(90) days from the date of the check, shall be
at least two (2) national newspapers of general
prima facie evidence of knowledge of such
circulation.
insufficiency of funds or credit unless such
maker or drawer pays the holder thereof the
amount due thereon, or makes arrangements for
payment in full by the drawee of such check
within (5) banking days after receiving notice
that such check has not been paid by the
drawee.
Section 3.Duty of drawee; rules of evidence.- It
BATAS PAMBANSA BLG. 22 shall be the duty of the drawee of any check,
AN ACT PENALIZING THE MAKING OR when refusing to pay the same to the holder
DRAWING AND ISSUANCE OF A CHECK thereof upon presentment, to cause to be
WITHOUT SUFFICIENT FUNDS OR CREDIT written, printed, or stamped in plain language
AND FOR OTHER PURPOSES. thereon, or attached thereto, the reason for
drawee's dishonor or refusal to pay the same:
Section 1.Checks without sufficient funds.- Any Provided, That where there are no sufficient
person who makes or draws and issues any funds in or credit with such drawee bank, such
check to apply on account or for value, knowing fact shall always be explicitly stated in the notice
at the time of issue that he does not have of dishonor or refusal. In all prosecutions under
sufficient funds in or credit with the drawee bank this Act, the introduction in evidence of any
for the payment of such check in full upon its unpaid and dishonored check, having the
presentment, which check is subsequently drawee's refusal to pay stamped or written
dishonored by the drawee bank for insufficiency thereon or attached thereto, with the reason
of funds or credit or would have been therefor as aforesaid, shall be prima facie
dishonored for the same reason had not the evidence of the making or issuance of said
drawer, without any valid reason, ordered the check, and the due presentment to the drawee
bank to stop payment, shall be punished by for payment and the dishonor thereof, and that
imprisonment of not less than thirty days but not the same was properly dishonored for the
more than one (1) year or by a fine of not less reason written, stamped or attached by the
than but not more than double the amount of the drawee on such dishonored check.

231
Not with standing receipt of an order to stop Section 3. It shall be unlawful for any official
payment, the drawee shall state in the notice or employee of a banking institution to
that there were no sufficient funds in or credit disclose to any person other than those
with such bank for the payment in full of such mentioned in Section two hereof any
check, if such be the fact. information concerning said deposits.
Section 4.Credit construed.- The word "credit" Section 4. All Acts or parts of Acts, Special
as used herein shall be construed to mean an Charters, Executive Orders, Rules and
arrangement or understanding with the bank for Regulations which are inconsistent with the
the payment of such check. provisions of this Act are hereby repealed.
Section 5. Liability under the Revised Penal Section 5.Any violation of this law will subject
Code. - Prosecution under this Act shall be offender upon conviction, to an imprisonment
without prejudice to any liability for violation of of not more than five years or a fine of not
any provision of the Revised Penal Code. more than twenty thousand pesos or both, in
Section 6. Separability clause. - If any the discretion of the court.
separable provision of this Act be declared Section 6. This Act shall take effect upon its
unconstitutional, the remaining provisions shall approval.
continue to be in force. Approved: September 9, 1955
Section 7.Effectivity.- This Act shall take effect
fifteen days after publication in the Official
Gazette.
Approved: April 3, 1979.
REPUBLIC ACT No. 1405
AN ACT PROHIBITING DISCLOSURE OF
OR INQUIRY INTO, DEPOSITS WITH ANY
BANKING INSTITUTION AND PROVIDING
PENALTY THEREFOR.
Section 1. It is hereby declared to be the
policy of the Government to give
encouragement to the people to deposit their
money in banking institutions and to
discourage private hoarding so that the same
may be properly utilized by banks in
authorized loans to assist in the economic
development of the country.
Section 2. 1 All deposits of whatever nature
with banks or banking institutions in the
Philippines including investments in bonds
issued by the Government of the Philippines,
its political subdivisions and its
instrumentalities, are hereby considered as of
an absolutely confidential nature and may not
be examined, inquired or looked into by any
person, government official, bureau or office,
except upon written permission of the
depositor, or in cases of impeachment, or
upon order of a competent court in cases of
bribery or dereliction of duty of public officials,
or in cases where the money deposited or REPUBLIC ACT No 4103
invested is the subject matter of the litigation.

232
AN ACT TO AMEND SECTION ONE countries by residents of the Philippines
HUNDRED NINETY OF COMMONWEALTH which have been used abroad and
ACT NUMBERED FOUR HUNDRED SIXTY- accompanying them upon their return to
SIX, AS AMENDED, OTHERWISE KNOWN AS the Philippines the export value of which
THE NATIONAL INTERNAL REVENUE CODE. does not exceed the amount of:
Section 1. Section one hundred and ninety of "P250 when the sojourn is not less than
Commonwealth Act Numbered Four hundred one week;
and sixty-six, as amended, is further amended to "P500 when the sojourn is not less than
read as follows: two weeks; or
"Sec. 190. Compensating tax. On the "P1,000 when the sojourn is not less
commodities goods, wares or merchandise than one month.
purchased or received by persons residing or
doing business in the Philippine, there shall be "Personal and household effects
paid a compensating tax on the total value purchased in foreign countries and
thereof, including freight, postage, insurance, brought into the Philippines by returning
commission and similar charges, equivalent to residents which effects have been used
the percentage taxes imposed under this Title on abroad, neither imported for the account
original transactions effected by merchants, of any other person nor intended for
importers, or manufacturers, such tax to be paid barter, sale or hire and accompanying
before the withdrawal or removal of said them upon their return to the Philippines
commodities, goods, wares or merchandise from or arriving within ninety days before or
the customhouse or the post office, except as after their return, the export value of
follows: which does not exceed the amount of:
(a) Articles subject to specific taxes "P1,500 when the sojourn is not less
under Title IV of this Code and articles than three months;
to be used by the importer himself in the "P2,500 when the sojourn is not less
manufacture or preparation of articles than six months; or
subject to specific taxes;
"P3,000 when the sojourn is not less
"(b) Commodities, goods, wares or than one year.
merchandise purchased or received by
merchants, importers and "Additional exemption shall be granted
manufacturers who are subject to tax for books, professional instruments and
under Section one hundred eighty-four, implements belonging to Filipino
one hundred eighty-five, one hundred professionals, students and grantees of
eighty-six or one hundred eighty-nine of fellowships and scholarships returning
this Title, where such importations are to to the Philippines from training, studies
be sold, resold, bartered or exchanged and/or employment abroad, the export
or are to be used in the manufacture or value of which does not exceed the
preparation of articles for sale, barter, or amount of one thousand pesos:
exchange and are to form part thereof; Provided, That an additional exemption
shall be granted to returning Filipino
"(c) Articles to be used by the importer Doctors of Medicine and Dentistry and
himself in the manufacture or other scientists for professional
preparation of articles for consignment instruments and implements related to
abroad; their particular field of specialization as
"(d) Articles to be used by the importer attested to by the respective institutions
himself as a passenger and/or cargo of training, studies and/or employment,
vessel whether coastwise or ocean- the export value of which does not
going, including engines and spare parts exceed three thousand pesos: Provided,
of said vessel; f u r t h e r, T h a t r e t u r n i n g F i l i p i n o
professionals, students and grantees of
"(e) Wearing apparel and articles for fellowships and scholarship, shall
personal use purchased in foreign

233
present to the Commissioner of Internal accounts, if any are kept, or a written
Revenue a certificate issued by the notice thereof sent to the Commissioner
schools they have attended: Provided, of Internal Revenue and payment of the
finally, That such returning residents corresponding compensating tax made
shall not have previously received the within ten days from the date of such
benefits herein granted within one entry or notice. If the tax is not paid
hundred and eighty days immediately within such period, the amount of the tax
preceding their arrival. shall be increased by twenty-five per
centum, the increment to form part of
"(f) Professional instruments and
the tax.
implements, tools of trade, occupation
or employment, wearing apparel, "In the case of tax free articles brought
domestic animals, and personal and or imported into the Philippines by
household effects belonging to persons persons, entities or agencies, exempt
coming to settle for the first time in the from tax which are subsequently sold,
Philippines, including citizens of the transferred or exchanged in the
Philippines who have resided abroad for Philippines to non-exempt private
not less than ten years, for their own persons or entities, the purchasers or
use and not for barter, sale or exchange, recipients shall be considered the
accompanying such persons, or arriving importers thereof. The tax due on each
within ninety days before or after the articles shall constitute a lien on the
arrival of their owners, upon the article itself superior to all other charges
production of evidence satisfactory to or liens, irrespective of the possessors
the Commissioner of Internal Revenue thereof."
that such persons are actually coming to Section 2. This Act shall take effect upon its
settle in the Philippines, that the articles approval.
were brought from their former place of
abode, that change of residence is bona Approved: June 19, 1964
fide: Provided, That no merchandise of
any kind, machinery or other articles for
use in manufacture, shall be classified
under this subsection.
"(g) Articles used by officials and
employees of the Philippine
Government assigned abroad and REPUBLIC ACT No. 7877
brought on their return to the Philippines AN ACT DECLARING SEXUAL
by reason of transfer, resignation, or H A R A S S M E N T U N L AW F U L I N T H E
retirement, upon specific instructions of EMPLOYMENT, EDUCATION OR TRAINING
the Secretary of Finance and upon the E N V I R O N M E N T, A N D F O R O T H E R
request of the returning official or PURPOSES.
employee concerned: Provided, That the
total acquisition cost of such articles Be it enacted by the Senate and House of
does not exceed twenty per centum of Representatives of the Philippines in Congress
the total basic salary received from the assembled:
Philippine Government during such tour Section 1.Title.- This Act shall be known as the
of duty, of not more than four years as "Anti-Sexual Harassment Act of 1995."
certified by the Department concerned.
Section 2. Declaration of Policy. - The State
"If any article withdrawn from the shall value the dignity of every individual,
customhouse of the post office without enhance the development of its human
the payment of the compensating tax is resources, guarantee full respect for human
subsequently used by the importer for rights, and uphold the dignity of workers,
other purposes, corresponding entry employees, applicants for employment, students
should be made in the books of or those undergoing training, instruction or

234
education. Towards this end, all forms of sexual (2) Against one whose
harassment in the employment, education or education, training,
training environment are hereby declared apprenticeship or tutorship is
unlawful. entrusted to the offender;
Section 3. Work, Education or Training - (3) When the sexual favor is
Related, Sexual Harassment Defined. - Work, made a condition to the giving of
education or training-related sexual harassment a passing grade, or the granting
is committed by an employer, employee, of honors and scholarships, or
manager, supervisor, agent of the employer, the payment of a stipend,
teacher, instructor, professor, coach, trainor, or allowance or other benefits,
any other person who, having authority, privileges, or consideration; or
influence or moral ascendancy over another in a (4) When the sexual advances
work or training or education environment, result in an intimidating, hostile
demands, requests or otherwise requires any or offensive environment for the
sexual favor from the other, regardless of student, trainee or apprentice.
whether the demand, request or requirement for
submission is accepted by the object of said Act. Any person who directs or induces
another to commit any act of sexual
(a) In a work-related or employment harassment as herein defined, or who
environment, sexual harassment is cooperates in the commission thereof by
committed when: another without which it would not have
(1) The sexual favor is made as been committed, shall also be held
a condition in the hiring or in the liable under this Act.
employment, re-employment or Section 4. Duty of the Employer or Head of
continued employment of said Office in a Work-related, Education or Training
individual, or in granting said Environment. - It shall be the duty of the
individual favorable employer or the head of the work-related,
compensation, terms of educational or training environment or institution,
conditions, promotions, or to prevent or deter the commission of acts of
privileges; or the refusal to grant sexual harassment and to provide the
the sexual favor results in procedures for the resolution, settlement or
limiting, segregating or prosecution of acts of sexual harassment.
classifying the employee which Towards this end, the employer or head of office
in any way would discriminate, shall:
deprive ordiminish employment
opportunities or otherwise (a) Promulgate appropriate rules and
adversely affect said employee; regulations in consultation with and
joint1y approved by the employees or
(2) The above acts would impair students or trainees, through their duly
the employee's rights or designated representatives, prescribing
privileges under existing labor the procedure for the investigation of
laws; or sexual harassment cases and the
(3) The above acts would result administrative sanctions therefor.
in an intimidating, hostile, or Administrative sanctions shall not be a
offensive environment for the bar to prosecution in the proper courts
employee. for unlawful acts of sexual harassment.
(b) In an education or training The said rules and regulations issued
environment, sexual harassment is pursuant to this subsection (a) shall
committed: include, among others, guidelines on
(1) Against one who is under the proper decorum in the workplace and
care, custody or supervision of educational or training institutions.
the offender;

235
 (b) Create a committee on decorum and (P10,000) nor more than Twenty thousand
investigation of cases on sexual pesos (P20,000), or both such fine and
harassment. The committee shall imprisonment at the discretion of the court.
conduct meetings, as the case may be, Any action arising from the violation of the
with officers and employees, teachers, provisions of this Act shall prescribe in three (3)
instructors, professors, coaches, years.
trainors, and students or trainees to
increase understanding and prevent Section 8. Separability Clause. - If any portion
incidents of sexual harassment. It shall or provision of this Act is declared void or
also conduct the investigation of alleged unconstitutional, the remaining portions or
cases constituting sexual harassment. provisions hereof shall not be affected by such
declaration.
In the case of a work-related
environment, the committee shall be Section 9. Repealing Clause. - All laws,
composed of at least one (1) decrees, orders, rules and regulations, other
representative each from the issuances, or parts thereof inconsistent with the
management, the union, if any, the provisions of this Act are hereby repealed or
employees from the supervisory rank, modified accordingly.
and from the rank and file employees. Section 10. Effectivity Clause.- This Act shall
In the case of the educational or training take effect fifteen (15) days after its complete
institution, the committee shall be publication in at least two (2) national
composed of at least one (1) newspapers of general circulation.
representative from the administration,
the trainors, instructors, professors or
coaches and students or trainees, as
the case may be.
The employer or head of office,
educational or training institution shall
disseminate or post a copy of this Act for
the information of all concerned.
Section 5. Liability of the Employer, Head of
Office, Educational or Training Institution. - The
employer or head of office, educational or
training institution shall be solidarily liable for
damages arising from the acts of sexual
harassment committed in the employment,
education
or training environment if the employer or head
of office, educational or training institution is
informed of such acts by the offended party and
no immediate action is taken.
Section 6. Independent Action for Damages. -
Nothing in this Act shall preclude the victim of
work, education or training-related sexual
harassment from instituting a separate and
independent action for damages and other
affirmative relief.
Section 7.Penalties.- Any person who violates
the provisions of this Act shall, upon conviction,
be penalized by imprisonment of not less than
one (1) month nor more than six (6) months, or a
fine of not less than Ten thousand pesos

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 OVERSEAS FILIPINOS IN DISTRESS,
AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of
Representatives of the Philippines in Congress
assembled:
SECTION 1. Short Title. This act shall be
known and cited as the Migrant Workers and
Overseas Filipinos Act of 1995.
SEC. 2.Declaration Of Policies
(a) In the pursuit of an independent foreign
policy and while considering national
sovereignty, territorial integrity, national interest
and the right to self-determination paramount in
its relations with other states, the State shall, at
all times, uphold the dignity of its citizens
whether in country or overseas, in general, and
Filipino migrant workers, in particular.
(b) The State shall afford full protection to labor,
local and overseas, organized and unorganized,
and promote full employment and equality of
employment opportunities for all. Towards this
end, the State shall provide adequate and timely
social, economic and legal services to Filipino
migrant workers.
(c) While recognizing the significant contribution
of Filipino migrant workers to the national
economy through their foreign exchange
remittances, the State does not promote
overseas employment as a means to sustain
economic growth and achieve national
development. The existence of the overseas
Republic of the Philippines employment program rests solely on the
assurance that the dignity and fundamental
Congress of the Philippines
human rights and freedoms of the Filipino
Manila citizens shall not, at any time, be compromised
Third Regular Session or violated. The State, therefore, shall
continuously create local employment
Begun and held in Metro Manila, on opportunities and promote the equitable
Monday, the twenty-fifth day of July, distribution of wealth and the benefits of
nineteen hundred and ninety-four. development.
(d) The State affirms the fundamental equality
REPUBLIC ACT NO. 8042 before the law of women and men and the
AN ACT TO INSTITUTE THE significant role of women in nation-building.
POLICIES OF OVERSEAS Recognizing the contribution of overseas
migrant women workers and their particular
EMPLOYMENT AND ESTABLISH A
vulnerabilities, the State shall apply gender
HIGHER S TA N D A R D OF sensitive criteria in the formulation and
PROTECTION AND PROMOTION OF implementation of policies and programs
T H E W E L FA R E O F M I G R A N T affecting migrant workers and the composition of
WORKERS, THEIR FAMILIES AND bodies tasked for the welfare of migrant workers.

237
(e) Free access to the courts and quasi-judicial (c) Overseas Filipinos refers to dependents of
bodies and adequate legal assistance shall not migrant workers and other Filipino nationals
be denied to any persons by reason of poverty. abroad who are in distress as mentioned in
In this regard, it is imperative that an effective Sections 24 and 26 of this Act.
mechanism be instituted to ensure that the rights I.
and interest of distressed overseas Filipinos, in DEPLOYMENT
general, and Filipino migrant workers, in
particular, documented or undocumented, are SEC. 4. Deployment of Migrant Workers The
adequately protected and safeguarded. State shall deploy overseas Filipino workers only
in countries where the rights of Filipino migrant
(f) The right of Filipino migrant workers and all workers are protected. The government
overseas Filipinos to participate in the recognizes any of the following as guarantee on
democratic decision-making processes of the the part of the receiving country for the
State and to be represented in institutions protection and the rights of overseas Filipino
relevant to overseas employment is recognized workers:
and guaranteed.
(a) It has existing labor and social laws
(g) The State recognizes that the ultimate protecting the rights of migrant workers;
protection to all migrant workers is the
possession of skills. Pursuant to this and as (b) It is a signatory to multilateral conventions,
soon as practicable, the government shall declaration or resolutions relating to the
deploy and/or allow the deployment only to protection of migrant workers;
skilled Filipino workers. (c) It has concluded a bilateral agreement or
(h) Non-governmental organizations, duly arrangement with the government protecting the
recognized as legitimate, are partners of the rights of overseas Filipino workers; and
State in the protection of Filipino migrant (d) It is taking positive, concrete measures to
workers and in the promotion of their welfare, protect the rights of migrant workers.
the State shall cooperate with them in a spirit of
trust and mutual respect. SEC. 5. T E R M I N AT I O N
ORBANONDEPLOYMENT Notwithstanding
(i) Government fees and other administrative the provisions of Section 4 hereof, the
costs of recruitment, introduction, placement and government, in pursuit of the national interest or
assistance to migrant workers shall be rendered when public welfare so requires, may, at any
free without prejudice to the provision of Section time, terminate or impose a ban on the
36 hereof. deployment of migrant workers.
Nonetheless, the deployment of Filipino II.
overseas workers, whether land-based or sea- ILLEGAL RECRUITMENT
based by local service contractors and manning
agencies employing them shall be encouraged. Sec. 6. DEFINITIONS. For purposes of this
Appropriate incentives may be extended to Act, illegal recruitment shall mean any act of
them. canvassing, enlisting, contracting, transporting,
utilizing, hiring, procuring workers and includes
SEC. 3. DEFINITIONS. For purposes of this referring, contact services, promising or
Act: advertising for employment abroad, whether for
(a) Migrant worker refers to a person who is to profit or not, when undertaken by a non-license
be engaged, is engaged or has been engaged in or non-holder of authority contemplated under
a renumerated activity in a state of which he or Article 13(f) of Presidential Decree No. 442, as
she is not a legal resident to be used amended, otherwise known as the Labor Code
interchangeably with overseas Filipino worker. of the Philippines. Provided, that such non-
license or non-holder, who, in any manner, offers
(b) Gender-sensitivity shall mean cognizance or promises for a fee employment abroad to two
of the inequalities and inequities prevalent in or more persons shall be deemed so engaged. It
society between women and men and a shall likewise include the following acts, whether
commitment to address issues with concern for committed by any persons, whether a non-
the respective interests of the sexes.

238
licensee, non-holder, licensee or holder of directly on indirectly in the management of a
authority. travel agency;
(a) To charge or accept directly or indirectly any (k) To withhold or deny travel documents from
amount greater than the specified in the applicant workers before departure for monetary
schedule of allowable fees prescribed by the or financial considerations other than those
Secretary of Labor and Employment, or to make authorized under the Labor Code and its
a worker pay any amount greater than that implementing rules and regulations;
actually received by him as a loan or advance; (l) Failure to actually deploy without valid
(b) To furnish or publish any false notice or reasons as determined by the Department of
information or document in relation to Labor and Employment; and
recruitment or employment; (m) Failure to reimburse expenses incurred by
(c) To give any false notice, testimony, the workers in connection with his
information or document or commit any act of documentation and processing for purposes of
misrepresentation for the purpose of securing a deployment, in cases where the deployment
license or authority under the Labor Code; does not actually take place without the workers
fault. Illegal recruitment when committed by a
(d) To induce or attempt to induce a worker
syndicate or in large scale shall be considered
already employed to quit his employment in
as offense involving economic sabotage.
order to offer him another unless the transfer is
designed to liberate a worker from oppressive Illegal recruitment is deemed committed by a
terms and conditions of employment; syndicate carried out by a group of three (3) or
more persons conspiring or confederating with
(e) To influence or attempt to influence any
one another. It is deemed committed in large
persons or entity not to employ any worker who
scale if committed against three (3) or more
has not applied for employment through his
persons individually or as a group.
agency;
The persons criminally liable for the above
(f) To engage in the recruitment of placement of
offenses are the principals, accomplices and
workers in jobs harmful to public health or
accessories. In case of juridical persons, the
morality or to dignity of the Republic of the
officers having control, management or direction
Philippines;
of their business shall be liable.
(g) To obstruct or attempt to obstruct inspection
SEC. 7. PENALTIES
by the Secretary of Labor and Employment or by
his duly authorized representative; (a) Any person found guilty of illegal recruitment
shall suffer the penalty of imprisonment of not
(h) To fail to submit reports on the status of
less than six (6) years and one (1) day but not
employment, placement vacancies, remittances
more than twelve (12) years and a fine not less
of foreign exchange earnings, separations from
than two hundred thousand pesos
jobs, departures and such other matters or
(P200,000.00) nor more than five hundred
information as may be required by the Secretary
thousand pesos (P500,000.00).
of Labor and Employment;
(b) The penalty of life imprisonment and a fine of
(i) To substitute or alter to the prejudice of the
not less than five hundred thousand pesos
worker, employment contracts approved and
(P500,000.00) nor more than one million pesos
verified by the Department of Labor and
(P1,000,000.00) shall be imposed if illegal
Employment from the time of actual signing
recruitment constitutes economic sabotage as
thereof by the parties up to and including the
defined herein.
period of the expiration of the same without the
approval of the Department of Labor and Provided, however, that the maximum penalty
Employment; shall be imposed if the person illegally recruited
is less than eighteen (18) years of age or
(j) For an officer or agent of a recruitment or
committed by a non-licensee or non-holder of
placement agency to become an officer or
authority.
member of the Board of any corporation
engaged in travel agency or to be engaged

239
SEC. 8. PROHIBITION ON OFFICIALS AND corporation or partnership for the aforesaid
EMPLOYEES. Ot shall be unlawful for any claims and damages.
official or employee of the Department of Labor Such liabilities shall continue during the entire
and Employment, the Philippine Overseas period or duration of the employment contract
Employment Administration, or the Overseas and shall not be affected by any substitution,
Workers Welfare Administration, or the amendment or modification made locally or in a
Department of Foreign Affairs, or other foreign country of the said contract.
government agencies involved in the
implementation of this Act, or their relatives Any compromise/amicable settlement or
within the fourth civil degree of consanguinity or voluntary agreement on money claims inclusive
affinity, to engage, directly or indirectly, in the of damages under this section shall be paid
business of recruiting migrant workers as within four (4) months from the approval of the
defined in this Act. The penalties shall be settlement by the appropriate authority.
imposed upon them. In case of termination of overseas employment
SEC. 9. VENUE. A criminal action arising from without just, valid or authorized cause as defined
illegal recruitment as defined herein shall be by law or contract, the workers shall be entitled
filed with the Regional Trial Court of the province to the full reimbursement of his placement fee
or city where the offense was committed or with interest of twelve percent (12%) per annum,
where the offended party actually resides at the plus his salaries for the unexpired portion of his
same time of the commission of the offense: employment contract or for three (3) months for
Provided, That the court where the criminal every year of the unexpired term, whichever is
action is first filed shall acquire jurisdiction to the less.
exclusion of other courts. Provided, however, Non-compliance with the mandatory periods for
That the aforestated provisions shall also apply resolutions of cases provided under this section
to those criminal actions that have already been shall subject the responsible officials to any or
filed in court at the time of the effectivity of this all of the following penalties:
Act.
(a) The salary of any such official who fails to
SEC. 10. MONEY CLAIMS. Botwithstanding render his decision or resolutions within the
any provision of law to the contrary, the Labor prescribed period shall be, or caused to be,
Arbiters of the National Labor Relations withheld until the said official complies therewith;
Commission (NLRC) shall have the priginal and
exclusive jurisdiction to hear and decide, within (b) Suspension for not more than ninety (90)
ninety (90) calendar days after filing of the days; or
complaint, the claims arising out of an employer- (c) Dismissal from the service with
employee relationship or by virtue of any law or disqualifications to hold any appointive public
contract involving Filipino workers for overseas office for five (5) years.
deployment including claims for actual, moral,
Provided, however, that the penalties herein
exemplary and other forms of damages.
provided shall be without prejudice to any
The liability of the principal/employer and the liability which any such official may have
recruitment/placement agency for any and all incurred under other existing laws or rules and
claims under this section shall be joint and regulations as a consequence of violating the
several. This provisions shall be incorporated in provisions of this paragraph.
the contract for overseas employment and shall
SEC. 11. MANADATORY PERIODS FOR
be a condition precedent for its approval. The
RESOLUTION OF ILLEGAL RECRUITMENT
performance bond to be filed by the recruitment/
CASES. The preliminary investigations of
placement agency, as provided by law, shall be
cases under this Act shall be terminated within a
answerable for all money claims or damages
period of thirty (30) calendar days from the date
that may be awarded to the workers. If the
of their filing. Where the preliminary investigation
recruitment/placement agency is a juridical
is conducted by a prosecution officer and a
being, the corporate officers and directors and
prima facie case is established, the
partners as the case may be, shall themselves
corresponding information shall be filed in court
be jointly and solidarily liable with the
within twenty-four (24) hours from the

240
termination of the investigation. If the preliminary personal belongings shall be the primary
investigation is conducted by a judge and a responsibility of the agency which recruited or
prima facie case is found to exist, prosecution deployed the worker overseas. All costs
officer within forty-eight (48) hours from the date attendant to repatriation shall be borne by or
of receipt of the records of the case. charged to the agency concerned and/or its
principal. Likewise, the repatriation of remains
SEC. 12. PRESCRIPTIVE PERIODS. Illegal
and transport of the personal belongings of a
recruitment cases under this Act shall prescribe
deceased worker and all costs attendant thereto
in five (5) years: Provided, however, That illegal
shall be borne by the principal and/or local
recruitment cases involving economic sabotage
agency. However, in cases where the
as defined herein shall prescribe in twenty (20)
termination of employment is due solely to the
years.
fault of the worker, the principal/employer or
S E C . 1 3 . F R E E L E G A L A S S I S TA N C E , agency shall not in any manner be responsible
PREFERENTIAL ENTITLEMENT UNDER THE for the repatriation of the former and/or his
WITNESS PROTECTION PROGRAM. A belongings.
mechanism for free legal assistance for victims
The Overseas Workers Welfare Administration
of illegal recruitment shall be established within
(OWWA), in coordination ith appropriate
the Department of Labor and Employment
international agencies, shall undertake the
including its regional offices. Such mechanism
repatriation of workers in cases of war,
must include coordination and cooperation with
epidemic, disasters or calamities, natural or
the Department of Justice, the Integrated Bar of
man-made, and other similar events without
the Philippines, and other non-governmental
prejudice to reimbursement by the responsible
organizations and volunteer groups.
principal or agency. However, in cases where
The provisions of Republic Act No. 6981 to the the principal or recruitment agency cannot be
contrary, notwithstanding, any person who is a identified, all costs attendant to repatriation shall
victim of illegal recruitment shall be entitled to be borne by the OWWA.
the Witness Protection Program provided
For this purposes, there is hereby created and
thereunder.
established an emergency repatriation fund
III. under the administration control and supervision
SERVICES of the OWWA, initially to consist of one hundred
SEC. 14. TRAVEL ADVISORY/INFORMATION million pesos (P100,000,000.00), inclusive of
DISSEMINATION. To give utmost priority to outstanding balances.
the establishment of programs and services to SEC. 16. MANDATORY REPATRIATION OF
prevent illegal recruitment, fraud, and UNDERAGE MIGRANT WORKERS. Upon
exploitation or abuse of Filipino migrant workers, discovery or being informed of the presence of
all embassies and consular offices, through the migrant workers whose actual ages fall below
Philippine Overseas Employment Administration the minimum age requirement for overseas
(POEA), shall issue travel advisories or deployment, the responsible officers in the
disseminate information on labor and foreign service shall without delay repatriate said
employment conditions, migration realities and workers and advise the Department of Foreign
other facts; and adherence of particular Affairs through the fastest means of
countries to international standards on human communication availavle of such discovery and
and workers rights which will adequately other relevant information.
prepare individuals into making informed and
S E C . 1 7 . E S TA B L I S H M E N T O F R E -
intelligent decisions about overseas
PLACEMENT AND MONITORING CENTER. A
employment. Such advisory or information shall
replacement and monitoring center is hereby
be published in a newspaper of general
created in the Department of Labor and
circulation at least three (3) times in every
Employment for returning Filipino migrant
quarter.
workers which shall provide a mechanism for
SEC. 15. REPATRIATION OF WORKERS; their reintegration into the Philippine society,
EMERGENCY REPATRIATION FUND. The serve as a promotion house for their local
repatriation of the worker and the transport of his

241
employment, and tap their skills and potentials (b) Welfare assistance including the
for national development. procurement of medical and hospitalization
services;
The Department of Labor and Employment, the
Overseas Workers Welfare Administration, and (c) Information, advisory and programs to
the Philippine Overseas Employment promote social integration such as post-arrival
Administration shall, within ninety (90) days from orientation, settlement and community
the effectivity of this Act, formulate a program networking services for social integration;
that would motivate migrant workers to plan for (d) Institute a scheme of registration of
productive options such as entry into highly undocumented workers to bring them within the
technical jobs or undertakings, livelihood and purview of this Act. For this purpose, the Center
entrepreneurial development, better wage is enjoined to compel existing undocumented
employment, and investment of savings. workers to register with it within six (6) months
For this purpose, the Technical Education and from the effectivity of this Act, under pain of
Skills Development Authority (TESDA), the having his/her passport cancelled;
Technology Livelihood Resource Center (TLRC), (e) Human resource development, such as
and other government agencies involved in training and skills upgrading;
training and livelihood development shall give
priority to return who had been employed as (f) Gender sensitive programs and activities to
domestic helpers and entertainers. assist particular needs of women migrant
workers;
SEC. 18. FUNCTIONS OF THE RE-
PLACEMENT AND MONITORING CENTER. (g) Orientation program for returning workers
The center shall provide the following service: and other migrants; and
(a) Develop livelihood programs and projects for (h) Monitoring of daily situations, circumstances
returning Filipino migrant workers in coordination and activities affecting migrant workers and
with the private sector; other overseas Filipinos.
(b) Coordinate with appropriate private and The establishment and operations of the Center
government agencies the promotion, shall be a joint undertaking of the various
development, re-placement and the full government agencies. The Center shall be open
utilization of their potentials; for twenty-four (24) hours daily, including
Saturdays, Sundays and holidays, and shall be
(c) Institute in cooperation with other staffed by Foreign Service personnel, service
government agencies concerned, a computer- attaches or officers who represent other
based information system on skilled Filipino organizations from the host countries. In
migrant workers which shall be accessible to all countries categorized as highly problematic by
local recruitment agencies and employers, both the Department of Foreign Affairs and the
public and private; Department of Labor and Employment and
(d) Provide a periodic study and assessment of where there is a concentration of Filipino migrant
job opportunities for returning Filipino migrant workers, the government must provide a lawyer
workers. and a social worker for the Center. The Labor
Attache shall coordinate the operation of the
SEC. 19. ESTABLISHMENT OF A MIGRANT
Center and shall keep the Chief of Mission
WORKERS AND OTHER OVERSEAS
informed and updated on all matters affecting it.
FILIPINOS RESOURCE CENTER. Within the
premises and under the administrative The Center shall have a counterpart 24-hour
jurisdiction of the Philippine Embassy in information and assistance center at the
countries where there are large concentrations Department of Foreign Affairs to ensure a
of Filipino migrant workers, there shall be continuous network and coordinative
establish a Migrant Workers and Other mechanism at the home office.
Overseas Filipinos Resource Center with the SEC. 20. ESTABLISHMENT OF A SHARED
following services: GOVERNMENT INFORMATION SYSTEM FOR
(a) Counseling and legal services; MIGRATION. An inter-agency committee
composed of the Department of Foreign Affairs

242
and its attached agency, the Commission on with government financial institutions, shall
Filipino Overseas, the Department of Labor and institute financing schemes that will expand the
Employment, the Philippine Overseas grant of pre-departure loan and family
Employment Administration, The Overseas assistance loan. For this purpose, a Migrant
Workers Welfare Administration, The Workers Loan Guarantee Fund is hereby
Department of Tourism, the Department of created and the revolving amount of one
Justice, the Bureau of Immigration, the National hundred million pesos (P100,000,000.00) from
Bureau of Investigation, and the National the OWWA is set aside as a guarantee fund in
Statistics Office shall be established to favor of participating government financial
implement a shared government information institutions.
system for migration. The inter-agency SEC. 22. RIGHTS AND ENFORCEMENT
committee shall initially make available to itself MECHANISM UNDER INTERNATIONAL AND
the information contained in existing data bases/ REGIONAL HUMAN RIGHTS SYSTEMS. The
files. The second phase shall involve linkaging Department of Foreign Affairs is mandated to
of computer facilities in order to allow free-flow undertake the necessary initiative such as
data exchanges and sharing among concerned promotions, acceptance or adherence of
agencies. countries receiving Filipino workers to
The inter-agency committee shall convene to multilateral convention, declaration or
identify existing data bases which shall be resolutions pertaining to the protection of
declassified and shared among member migrant workers rights. The Department of
agencies. These shared data bases shall initially Foreign Affairs is also mandated to make an
include, but not limited to, the following assessment of rights and avenues of redress
information: under international and regional human rights
systems that are available to Filipino migrant
(a) Masterlists of departing/arriving Filipinos;
workers who are victims of abuse and violation
(b) Inventory of pending legal cases involving and, as far as practicable and through the Legal
Filipino migrant workers and other Filipino Assistant for Migrant Workers Affairs created
nationals, including those serving prison terms; under this Act, pursue the same on behalf of the
(c) Masterlists of departing/arriving Filipinos; victim if it is legally impossible to file individual
complaints. If a complaints machinery is
(d) Statistical profile on Filipino migrant workers/ available under international or regional
overseas Filipinos/Tourists; systems, the Department of Foreign Affairs shall
(e) Blacklisted foreigners/undesirable aliens; fully apprise the Filipino migrant workers of the
existence and effectiveness of such legal
(f) Basic data on legal systems, immigration
options.
policies, marriage laws and civil and criminal
codes in receiving countries particularly those IV.
with the large numbers of Filipinos; GOVERNMENT AGENCIES
(g) List of labor and other human rights SEC. 23. ROLE OF GOVERNMENT
instruments where receiving countries are AGENCIES. The following government
signatories; agencies shall perform the following to promote
the welfare and protect the rights of migrant
(h) A tracking system of past and present gender
workers and, as far as applicable, all overseas
disaggregated cases involving male and female
Filipinos:
migrant workers; and
(a) Department of Foreign Affairs. The
(i) Listing of overseas posts which may render
Department, through its home office or foreign
assistance to overseas Filipinos, in general, and
posts, shall take priority action its home office or
migrant workers, in particular.
foreign posts, shall take priority action or make
SEC. 21. MIGRANT WORKERS LOAN representation with the foreign authority
GUARANTEE FUND. In order to further concerned to protect the rights of migrant
prevent unscrupulous illegal recruiters from workers and other overseas Filipinos and extend
taking advantage of workers seeking immediate assistance including the repatriation
employment abroad, the OWWA, in coordination

243
of distressed or beleaguered migrant workers with at least ten (10) years of experience as a
and other overseas Filipinos; legal practitioner and must not have been a
candidate to an elective office in the last local or
(b) Department of Labor and Employment The
national elections.
Department of Labor and Employment shall see
to it that labor and social welfare laws in the Among the functions and responsibilities of the
foreign countries are fairly applied to migrant aforesaid Legal Assistant are:
workers and whenever applicable, to other (a) To issue the guidelines, procedures and
overseas Filipinos including the grant of legal criteria for the provisions of legal assistance
assistance and the referral to proper medical services to Filipino migrant workers;
centers or hospitals:
(b) To establish close linkages with the
(b.1) Philippine Overseas Employment Department of Labor and Employment, the
Administration Subject to deregulation and POEA, the OWWA and other government
phase out as provided under Sections 29 and 30 agencies concerned, as well as with non-
herein, the Administration shall regulate private governmental organizations assisting migrant
sector participation in the recruitment and workers, to ensure effective coordination and
overseas placement of workers by setting up a cooperation in the provision of legal assistance
licensing and registration system. It shall also to migrant workers;
formulate and implement, in coordination with
appropriate entities concerned, when necessary (c) To tap the assistance of reputable law firms
employment of Filipino workers taking into and the Integrated Bar of the Philippines and
consideration their welfare and the domestic other bar associations to complement the
manpower requirements. governments efforts to provide legal assistance
to migrant workers;
(b.2) Overseas Workers Welfare Administration
The Welfare Officer or in his absence, the (d) To administer the legal assistance fund for
coordinating officer shall provide the Filipino migrant workers established under Section 25
migrant worker and his family all the assistance hereof and to authorize disbursements there
they may need in the enforcement of contractual from in accordance with the purposes for which
obligations by agencies or entities and/or by the fund was set up; and
their principals. In the performance of this (e) To keep and maintain the information system
functions, he shall make representation and may as provided in Section 20.
call on the agencies or entities concerned to
conferences or conciliation meetings for the The legal Assistant for Migrant Workers Affairs
purpose of settling the complaints or problems shall have authority to hire private lawyers,
brought to his attention. domestic or foreign, in order to assist him in the
effective discharge of the above functions.
V.
THE LEGAL ASSISTANT FOR MIGRANT SEC. 25. LEGAL ASSISTANCE FUND There
WORKERS AFFAIRS is hereby established a legal assistance fund for
migrant workers, herein after referred to as
SEC. 24. LEGAL ASSISTANT FOR MIGRANT Legal Assistance fund, in the amount of One
WORKERS AFFAIRS. There is hereby created hundred million pesos (P100,000,000.00) to be
the position of Legal Assistant for Migrant constituted from the following sources:
Workers Affairs under the Department of Foreign
Affairs who shall be primarily responsible for the Fifty million pesos (P50,000,000.00) from the
provision and overall coordination of all legal Contingency Fund of the President;
assistance services to be provided to Filipino Thirty million pesos (P30,000,000.00) from the
migrant workers as well as overseas Filipinos in Presidential Social Fund; and
distress. He shall have the rank, salary and
Twenty million pesos (P20,000,000.00) from the
privileges equal to that of an undersecretary of
Welfare Fund for Overseas Workers established
said Department.
under Letter of Instruction No. 537, as amended
The said Legal Assistant for Migrant Workers by Presidential Decree Nos. 1694 and 1809.
Affairs shall be appointed by the President and
Any balances of existing fund which have been
must be of proven competence in the field of law
set aside by the government specifically as legal

244
assistance or defense fund to help migrant Upon receipt of the recommendation of the
workers shall, upon effectivity of this Act, to be ambassador, the Secretary of the Department of
turned over to, and form part of, the Fund Foreign Affairs shall, in the case of officers,
created under this Act. representatives and personnel of other
departments, endorse such recommendation to
SEC. 26. USES OF THE LEGAL ASSISTANCE
the department secretary concerned for
FUND. The Legal Assistance Fund created
appropriate action. Pending investigation by an
under the preceeding section shall be used
appropriate body in the Philippines, the person
exclusively to provide legal services to migrant
recommended for recall may be placed under
workers and overseas Filipinos in distress in
preventive suspension by the ambassador.
accordance witht the guidelines, criteria and
procedures promulgated in accordance with In host countries where there are Philippine
Section 24 (a) hereof. The expenditures to be consulates, such consulates shall also constitute
charged against the Fund shall include the fees part of the country-team under the leadership of
for the foreign lawyers to be hired by the Legal the ambassador.
Assistance for Migrant Workers Affairs to In the implementation of the country-team
represent migrant workers facing charges approach, visiting Philippine delegations shall be
abroad, bail bonds to secure the temporary provided full support and information.
release of workers under detention, court fees
and charges and other litigation expenses. VII.
DEREGULATION AND PHASE-OUT
VI.
COUNTRY TEAM APPROACH SEC. 29. COMPREHENSIVE DEREGULATION
PLAN ON RECRUITMENT ACTIVITIES.
SEC. 27. PRIORITY CONCERNS OF Pursuant to a progressive policy of deregulation
PHILIPPINE FOREIGN SERVICE POSTS. whereby the migration of workers becomes
The country team approach, as enunciated strictly a matter between the worker and his
under Executive Order No. 74, series of 1993, foreign employer, the DOLE within one (1) year
shall be the mode under which Philippine from the effectivity of this Act, is hereby
embassies or their personnel will operate in the m a n d a t e d t o f o r m u l a t e a fi v e - y e a r
protection of the Filipino migrant workers as well comprehensive deregulation plan on recruitment
as in the promotion of their welfare. The activities taking into account labor market
protection of the Filipino migrant workers and trends, economic conditions of the country and
the promotion of their welfare, in particular, and emergency circumstances which may affect the
the protection of the dignity and fundamental welfare of migrant workers.
rights and freedoms of the Filipino citizen
abroad, in general, shall be the highest priority SEC. 30. GRADUAL PHASE-OUT OF
concerns of the Secretary of Foreign Affairs and REGULATORY FUNCTIONS. Within a period
the Philippine Foreign Service Posts. of five (5) years from the effectivity of this Act,
the DOLE shall phase out the regulatory
SEC. 28. COUNTRY-TEAM APPROACH. functions of the POEA pursuant to the objectives
Under the country-team approach, all officers, of deregulation.
representatives and personnel of the Philippine
government posted abroad regardless of their VIII.
mother agencies shall, on a per country basis, PROFESSIONAL AND OTHER HIGHLY-
act as one country-team with a mission under SKILLED FILIPINOS ABROAD
the leadership of the ambassador. In this regard, SEC. 31. INCENTIVES TO PROFESSIONALS
the ambassador may recommend to the AND OTHER HIGHLY-SKILLED FILIPINOS
Secretary of the Department of Foreign Affairs ABROAD. Pursuant to the objective of
the recall of officers, representatives and encouraging professionals and other highly-
personnel of the Philippine government posted skilled Filipinos abroad especially in the field of
abroad for acts inimical to the national interest science and technology to participate in, and
such as, but not limited to, failure to provide the contribute to national development, the
necessary services to protect the rights of government shall provide proper and adequate
overseas Filipinos. incentives and programs so as to secure their

245
services in priority development areas of the representatives for migrant workers in the House
public and private sectors. of Representatives shall be appointed by the
President from the ranks of migrant workers:
IX.
Provided, that at least one (1) of the two (2)
MISCELLANEOUS PROVISIONS
sectoral representatives shall come from the
S E C . 3 2 . P O E A A N D O W WA B O A R D ; women migrant workers sector: Provided,
ADDITIONAL MEMBERSHIPS. further, that all nominees must have at least two
Notwithstanding any provision of law to the (2) years experience as a migrant worker.
contrary, the respective Boards of the POEA and
SEC. 35. EXEMPTION FROM TRAVEL TAX
the OWWA shall, in addition to their present
AND AIRPORT FEE. All laws to the country
composition, have three (3) members each who
notwithstanding, the migrant worker shall be
shall come from the women, sea-based and
exempt from the payment of travel tax and
land-based sectors, respectively, to be
airport fee upon proper showing of proof of
appointed by the President in the same manner
entitlement by the POEA.
as the other members.
SEC. 36. NON-INCREASE OF FEES;
SEC. 33. REPORT TO CONGRESS. In order
ABOLITION OF REPATRIATION BOND. Upon
to inform the Philippine Congress on the
approval of this Act, all fees being charged by
implementation of the policy enunciated in
any government office on migrant workers shall
Section 4 hereof, the Department of Foreign
remain at their present levels and the
Affairs and the Department of Labor and
repatriation bond shall be established.
Employment shall submit to the said body a
semi-annual report of Philippine foreign posts SEC. 37. THE CONGRESSIONAL MIGRANT
located in countries hosting Filipino migrant WORKERS SCHOLARSHIP FUND. There is
workers. The report shall not be limited to the hereby created a Congressional Migrant
following information: Workers Scholarship Fund which shall benefit
deserving migrant workers and/or their
(a) Masterlist of Filipino migrant workers, and
immediate descendants below twenty-one (21)
inventory of pending cases involving them and
years of age who intent to pursue courses or
other Filipino nationals including those serving
training primarily in the field of science and
prison terms;
technology. The initial seed fund of two hundred
(b) Working conditions of Filipino migrant million pesos (P200,000,000.00) shall be
workers; constituted from the following sources:
(c) Problems encountered by the migrant (a) Fifty million pesos (P50,000,000.00) from the
workers, specifically violations of their rights; unexpected Countrywide Development Fund for
(d) Initiative/actions taken by the Philippine 1995 in equal sharing by all members of
foreign posts to address the problems of Filipino Congress; and
migrant workers; (b) The remaining one hundred fifty million
(e) Changes in the laws and policies of host pesos (P150,000,000.00) shall be funded from
countries; and the proceeds of Lotto.

(f) Status of negotiations on bilateral labor The Congressional Migrant Workers Scholarship
agreements between the Philippines and the Fund as herein created shall be administered by
host country. the DOLE in coordination with the Department of
Science and Technology (DOST). To carry out
Any officer of the government who fails to report the objectives of this section, the DOLE and the
as stated in the preceeding section shall be DOST shall formulate the necessary rules and
subjected to administrative penalty. regulations.
SEC. 34. REPRESENTATION IN CONGRESS. SEC. 38. APPROPRIATION AND OTHER
Pursuant to Section 3(2), Article VI of the SOURCES OF FUNDING. The amount
Constitution and in line with the objective of necessary to carry out the provisions of this Act
empowering overseas Filipinos to participate in shall be provided for in the General
the policy-making process to address Filipino Appropriations Act of the year following its
migrant concerns, two (2) sectoral enactment into law and thereafter.

246
SEC. 39. MIGRANT WORKERS DAY. The day AN ACT AMENDING REPUBLIC ACT NO.
of signing by the President of this Act shall be 8042, OTHERWISE KNOWN AS THE
designated as the Migrant Workers Day and MIGRANT WORKERS AND OVERSEAS
shall henceforth be commemorated as such FILIPINOS ACT OF 1995, AS AMENDED,
annually. FURTHER IMPROVING THE STANDARD OF
PROTECTION AND PROMOTION OF THE
SEC. 40. IMPLEMENTING RULES AND
WELFARE OF MIGRANT WORKERS, THEIR
REGULATIONS. The departments and
FAMILIES AND OVERSEAS FILIPINOS IN
agencies charged with carrying out the
DISTRESS, AND FOR OTHER PURPOSES
provisions of this Act shall, within ninety (90)
days after the effectivity of this Act, formulate the Be it enacted by the Senate and House of
necessary rules and regulations for its effective Representatives of the Philippines in Congress
implementation. assembled:
SEC. 41. REPEATING CLAUSE. All laws, Section 1. Paragraphs (a), (e), (g) and (h) of
decrees, executive orders, rules and regulations, Section 2 of Republic Act. No. 8042, as
or parts thereof inconsistent with the provisions amended, otherwise known as the "Migrant
of this Act are hereby repealed or modified Workers and Overseas Filipinos Act of 1995," is
accordingly. hereby amended to read as follows:
SEC. 42. SEPARABILITY CLAUSE. If, for any "(a) In the pursuit of an independent foreign
reason, any section or provision of this Act is policy and while considering national
held unconstitutional or invalid, the other sovereignty, territorial integrity, national interest
sections or provisions hereof shall not be and the right to self-determination paramount in
affected thereby. its relations with other states, the State shall, at
all times, uphold the dignity of its citizens
SEC. 43. EFFECTIVITY CLAUSE. This Act
whether in country or overseas, in general, and
shall take effect after fifteen (15) days from its
Filipino migrant workers, in particular,
publication in the Official Gazette or in at least
continuously monitor international conventions,
two (2) national newspapers of general
adopt/be signatory to and ratify those that
circulation whichever comes earlier.
guarantee protection to our migrant workers,
and endeavor to enter into bilateral agreements
with countries hosting overseas Filipino
workers."
"(e) Free access to the courts and quasi-judicial
bodies and adequate legal assistance shall not
be denied to any person by reason of poverty. In
this regard, it is imperative that an effective
mechanism be instituted to ensure that the rights
and interest of distressed overseas Filipinos, in
general, and Filipino migrant workers, in
particular, whether regular/documented or
irregular/undocumented, are adequately
Republic of the Philippines protected and safeguarded."
CONGRESS OF THE PHILIPPINES
Metro Manila "(g) The State recognizes that the most effective
tool for empowerment is the possession of skills
Fourteenth Congress by migrant workers. The government shall
Third Regular Session provide them free and accessible skills
development and enhancement programs.
Pursuant to this and as soon as practicable, the
Begun and held in Metro Manila, on Monday, government shall deploy and/or allow the
the twenty-seventh day of July, two thousand deployment only of skilled Filipino workers."
nine.
"(h) The State recognizes non-governmental
REPUBLIC ACT No. 10022 organizations, trade unions, workers

247
associations, stakeholders and their similar guarantees under subparagraphs (a), (b) and (c)
entities duly recognized as legitimate, are hereof.
partners of the State in the protection of Filipino "In the absence of a clear showing that any of
migrant workers and in the promotion of their the aforementioned guarantees exists in the
welfare. The State shall cooperate with them in country of destination of the migrant workers, no
a spirit of trust and mutual respect. The permit for deployment shall be issued by the
significant contribution of recruitment and Philippine Overseas Employment Administration
manning agencies shall from part this (POEA).
partnership."
"The members of the POEA Governing Board
Section 2.Section 3, paragraph (a) of Republic who actually voted in favor of an order allowing
Act No. 8042, as amended, is hereby amended the deployment of migrant workers without any
to read as follows: of the aforementioned guarantees shall suffer
"(a) "Overseas Filipino worker" refers to a the penalties of removal or dismissal from
person who is to be engaged, is engaged or has service with disqualification to hold any
been engaged in a remunerated activity in a appointive public office for five (5) years,
state of which he or she is not a citizen or on Further, the government official or employee
board a vessel navigating the foreign seas other responsible for the issuance of the permit or for
than a government ship used for miliatry or non- allowing the deployment of migrant workers in
commercial purposes or on an installation violation of this section and in direct
located offshore or on the high seas; to be used contravention of an order by the POEA
interchangeably with migrant worker." Governing Board prohibiting deployment shall
be meted the same penalties in this section.
Section 3. Section 4 of Republic Act No. 8042,
as amended, is hereby amended to rerad as "For this purpose, the Department of Foreign
follows: Affairs, through its foreign posts, shall issue a
certification to the POEA, specifying therein the
"SEC. 4.Deployment of Migrant Workers.- The
pertinent provisions of the receiving country's
State shall allow the deployment of overseas
labor/social law, or the convention/declaration/
Filipino workers only in countries where the
resolution, or the bilateral agreement/
rights of Filipino migrant workers are protected.
arrangement which protect the rights of migrant
The government recognizes any of the following
workers.
as a guarantee on the part of the receiving
country for the protection of the rights of "The State shall also allow the deployment of
overseas Filipino workers: overseas Filipino workers to vessels navigating
the foreign seas or to installations located
"(a) It has existing labor and
offshore or on high seas whose owners/
social laws protecting the rights
employers are compliant with international laws
of workers, including migrant
and standards that protect the rights of migrant
workers;
workers.
"(b) It is a signatory to and/or a
"The State shall likewise allow the deployment of
r a t i fi e r o f m u l t i l a t e r a l
overseas Filipino workers to companies and
conventions, declarations or
contractors with international operations:
resolutions relating to the
Provided, That they are compliant with
protection of workers, including
standards, conditions and requirements, as
migrant workers; and
embodied in the employment contracts
"(c) It has concluded a bilateral prescribed by the POEA and in accordance with
agreement or arrangement with internationally-accepted standards."
the government on the
Section 4. Section 5 of Republic Act No. 8042,
protection of the rights of
as amended, is hereby amended to read as
overseas Filipino Workers:
follows:
Provided, That the receiving country is taking
"SEC. 5. Termination or Ban on Deployment. -
positive, concrete measures to protect the rights
Notwithstanding the provisions of Section 4
of migrant workers in furtherance of any of the
hereof, in pursuit of the national interest or when

248
public welfare so requires, the POEA Governing a job order that pertains to
Board, after consultation with the Department of nonexistent work, work different
Foreign Affairs, may, at any time, terminate or from the actual overseas work,
impose a ban on the deployment of migrant or work with a different
workers." employer whether registered or
not with the POEA;
Section 5. Section 6 of Republic Act No. 8042,
as amended, is hereby amended to read as "(d) To include or attempt to
follows: induce a worker already
employed to quit his
"SEC. 6. Definition. - For purposes of this Act,
employment in order to offer him
illegal recruitment shall mean any act of
another unless the transfer is
canvassing, enlisting, contracting, transporting,
designed to liberate a worker
utilizing, hiring, or procuring workers and
from oppressive terms and
includes referring, contract services, promising
conditions of employment;
or advertising for employment abroad, whether
for profit or not, when undertaken by non- "(e) To influence or attempt to
licensee or non-holder of authority contemplated influence any person or entity
under Article 13(f) of Presidential Decree No. not to employ any worker who
442, as amended, otherwise known as the Labor has not applied for employment
Code of the Philippines: Provided, That any through his agency or who has
such non-licensee or non-holder who, in any formed, joined or supported, or
manner, offers or promises for a fee employment has contacted or is supported
abroad to two or more persons shall be deemed by any union or workers'
so engaged. It shall likewise include the organization;
following acts, whether committed by any "(f) To engage in the recruitment
person, whether a non-licensee, non-holder, or placement of workers in jobs
licensee or holder of authority: harmful to public health or
"(a) To charge or accept directly morality or to the dignity of the
or indirectly any amount greater Republic of the Philippines;
than that specified in the "(h) To fail to submit reports on
schedule of allowable fees the status of employment,
prescribed by the Secretary of placement vacancies,
Labor and Employment, or to remittance of foreign exchange
make a worker pay or earnings, separation from jobs,
acknowledge any amount departures and such other
greater than that actually matters or information as may
received by him as a loan or be required by the Secretary of
advance; Labor and Employment;
"(b) To furnish or publish any "(i) To substitute or alter to the
false notice or information or p r e j u d i c e o f t h e w o r k e r,
document in relation to employment contracts approved
recruitment or employment; and verified by the Department
"(c) To give any false notice, of Labor and Employment from
t e s t i m o n y, i n f o r m a t i o n o r the time of actual signing
document or commit any act of thereof by the parties up to and
misrepresentation for the including the period of the
purpose of securing a license or expiration of the same without
authority under the Labor Code, the approval of the Department
or for the purpose of of Labor and Employment;
documenting hired workers with "(j) For an officer or agent of a
the POEA, which include the act recruitment or placement
of reprocessing workers through agency to become an officer or

249
 member of the Board of any make the migrant worker issue,
corporation engaged in travel either personally or through a
agency or to be engaged guarantor or accommodation
directly or indirectly in the party, postdated checks in
management of travel agency; relation to the said loan;
"(k) To withhold or deny travel "(2) Impose a compulsory and
documents from applicant exclusive arrangement whereby
workers before departure for an overseas Filipino worker is
m o n e t a r y o r fi n a n c i a l required to avail of a loan only
considerations, or for any other from specifically designated
reasons, other than those institutions, entities or persons;
authorized under the Labor "(3) Refuse to condone or
Code and its implementing rules renegotiate a loan incurred by
and regulations; an overseas Filipino worker
"(l) Failure to actually deploy a after the latter's employment
contracted worker without valid contract has been prematurely
reason as determined by the terminated through no fault of
Department of Labor and his or her own;
Employment; "(4) Impose a compulsory and
"(m) Failure to reimburse exclusive arrangement whereby
expenses incurred by the an overseas Filipino worker is
worker in connection with his required to undergo health
documentation and processing examinations only from
for purposes of deployment, in specifically designated medical
cases where the deployment clinics, institutions, entities or
does not actually take place persons, except in the case of a
without the worker's fault. Illegal seafarer whose medical
recruitment when committed by examination cost is shouldered
a syndicate or in large scale by the principal/shipowner;
shall be considered an offense "(5) Impose a compulsory and
involving economic sabotage; exclusive arrangement whereby
and an overseas Filipino worker is
"(n) To allow a non-Filipino required to undergo training,
citizen to head or manage a seminar, instruction or schooling
licensed recruitment/manning of any kind only from specifically
agency. designated institutions, entities
or persons, except fpr
"Illegal recruitment is deemed committed by a
recommendatory trainings
syndicate if carried out by a group of three (3) or
mandated by principals/
more persons conspiring or confederating with
shipowners where the latter
one another. It is deemed committed in large
shoulder the cost of such
scale if committed against three (3) or more
trainings;
persons individually or as a group.
"(6) For a suspended
"In addition to the acts enumerated above, it
recruitment/manning agency to
shall also be unlawful for any person or entity to
engage in any kind of
commit the following prohibited acts:
recruitment activity including the
"(1) Grant a loan to an overseas processing of pending workers'
Filipino worker with interest applications; and
exceeding eight percent (8%)
"(7) For a recruitment/manning
per annum, which will be used
agency or a foreign principal/
for payment of legal and
employer to pass on the
allowable placement fees and

250
 overseas Filipino worker or than twenty (20) years and a
deduct from his or her salary the fine of not less than One million
payment of the cost of pesos (P1,000,000.00) nor more
insurance fees, premium or t h a n Tw o m i l l i o n p e s o s
other insurance related charges, (P2,000,000.00).
as provided under the "(b) The penalty of life
compulsory worker's insurance imprisonment and a fine of not
coverage. less than Two million pesos
"The persons criminally liable for the above (P2,000,000.00) nor more than
offenses are the principals, accomplices and Five million pesos
accessories. In case of juridical persons, the (P5,000,000.00) shall be
officers having ownership, control, management imposed if illegal recruitment
or direction of their business who are constitutes economic sabotage
responsible for the commission of the offense as defined therein.
and the responsible employees/agents thereof "Provided, however, That the
shall be liable. maximum penalty shall be
"In the filing of cases for illegal recruitment or imposed if the person illegally
any of the prohibited acts under this section, the recruited is less than eighteen
Secretary of Labor and Employment, the POEA (18) years of age or committed
Administrator or their duly authorized by a non-licensee or non-holder
representatives, or any aggrieved person may of authority.
initiate the corresponding criminal action with the "(c) Any person found guilty of
appropriate office. For this purpose, the any of the prohibited acts shall
affidavits and testimonies of operatives or suffer the penalty of
personnel from the Department of Labor and imprisonment of not less than
Employment, POEA and other law enforcement six (6) years and one (1) day but
agencies who witnessed the acts constituting not more than twelve (12) years
the offense shall be sufficient to prosecute the and a fine of not less than Five
accused. hundred thousand pesos
"In the prosecution of offenses punishable under (P500,000.00) nor more than
this section, the public prosecutors of the One million pesos
Department of Justice shall collaborate with the (P1,000,000.00).
anti-illegal recruitment branch of the POEA and, "If the offender is an alien, he or she shall, in
in certain cases, allow the POEA lawyers to take addition to the penalties herein prescribed, be
the lead in the prosecution. The POEA lawyers deported without further proceedings.
who act as prosecutors in such cases shall be
entitled to receive additional allowances as may "In every case, conviction shall cause and carry
be determined by the POEA Administrator. the automatic revocation of the license or
registration of the recruitment/manning agency,
"The filing of an offense punishable under this lending institutions, training school or medical
Act shall be without prejudice to the filing of clinic."
cases punishable under other existing laws,
rules or regulations."1avvphi1 Section 7.Section 10 of Republic Act No. 8042,
as amended, is hereby amended to read as
Section 6. Section 7 of Republic Act No. 8042, follows:
as amended, is hereby amended to read as
follows: "SEC. 10.Money Claims.- Notwithstanding any
provision of law to the contrary, the Labor
"SEC. 7.Penalties.- Arbiters of the National Labor Relations
"(a) Any person found guilty of Commission (NLRC) shall have the original and
illegal recruitment shall suffer exclusive jurisdiction to hear and decide, within
the penalty of imprisonment of ninety (90) calendar days after the filing of the
not less than twelve (12) years complaint, the claims arising out of an employer-
and one (1) day but not more employee relationship or by virtue of any law or

251
contract involving Filipino workers for overseas "Noncompliance with the mandatory periods for
deployment including claims for actual, moral, resolutions of case provided under this section
exemplary and other forms of damage. shall subject the responsible officials to any or
Consistent with this mandate, the NLRC shall all of the following penalties:
endeavor to update and keep abreast with the "(a) The salary of any such
developments in the global services industry. official who fails to render his
"The liability of the principal/employer and the decision or resolution within the
recruitment/placement agency for any and all prescribed period shall be, or
claims under this section shall be joint and caused to be, withheld until the
several. This provision shall be incorporated in said official complies therewith;
the contract for overseas employment and shall "(b) Suspension for not more
be a condition precedent for its approval. The than ninety (90) days; or
performance bond to de filed by the recruitment/
placement agency, as provided by law, shall be "(c) Dismissal from the service
answerable for all money claims or damages with disqualification to hold any
that may be awarded to the workers. If the appointive public office for five
recruitment/placement agency is a juridical (5) years.
being, the corporate officers and directors and "Provided, however, That the penalties herein
partners as the case may be, shall themselves provided shall be without prejudice to any
be jointly and solidarily liable with the liability which any such official may have incured
corporation or partnership for the aforesaid under other existing laws or rules and
claims and damages. regulations as a consequence of violating the
"Such liabilities shall continue during the entire provisions of this paragraph."
period or duration of the employment contract Section 8. The first paragraph of Section 13 of
and shall not be affected by any substitution, Republic Act No. 8042, as amended is hereby
amendment or modification made locally or in a amended to read as follows:
foreign country of the said contract.
"SEC. 13. Free Legal Assistance; Preferential
"Any compromise/amicable settlement or Entitlement Under the Witness Protection
voluntary agreement on money claims inclusive Program. - A mechanism for free legal
of damages under this section shall be paid assistance for victims of illegal recruitment shall
within thirty (30) days from approval of the be established in the anti-illegal recruitment
settlement by the appropriate authority. branch of the POEA including its regional
"In case of termination of overseas employment offices. Such mechanism shall include
without just, valid or authorized cause as defined coordination and cooperation with the
by law or contract, or any unauthorized Department of Justice, the Integrated Bar of the
deductions from the migrant worker's salary, the Philippines, and other non-governmental
worker shall be entitled to the full reimbursement organizations and volunteer groups."
if his placement fee and the deductions made Section 9.Section 16 of Republic Act No. 8042,
with interest at twelve percent (12%) per annum, as amended, is hereby amended to read as
plus his salaries for the unexpired portion of his follows:
employment contract or for three (3) months for
every year of the unexpired term, whichever is "SEC. 16. Mandatory Repatriation of Underage
less. Migrant Workers. - Upon discovery or being
informed of the presence of migrant workers
"In case of a final and executory judgement whose ages fall below the minimum age
against a foreign employer/principal, it shall be requirement for overseas deployment, the
automatically disqualified, without further responsible officers in the foreign service shall
proceedings, from participating in the Philippine without delay repatriate said workers and advise
Overseas Employment Program and from the Department of Foreign Affairs through the
recruiting and hiring Filipino workers until and fastest means of communication available of
unless it fully satisfies the judgement award. such discovery and other relevant information.
The license of a recruitment/manning agency

252
which recruited or deployed an underage Section 11. Section 18 of Republic Act No.
migrant worker shall be automatically revoked 8042, as amended is hereby amended to read
and shall be imposed a fine of not less than Five as follows:
hundred thousand pesos (Php 500,000.00) but " S E C . 1 8 . F u n c t i o n s o f t h e N a t i o n a l
not more than One million pesos (Php Reintegration Center for Overseas Filipino
1,000,000.00). All fees pertinent to the Workers.-The Center shall provide the following
processing of papers or documents in the services:
recruitment or deployment shall be refunded in
full by the responsible recruitment/manning "(a) Develop and support
agency, without need of notice, to the underage programs and projects for
migrant worker or to his parents or guardian. livelihood, entrepreneurship,
The refund shall be independent of and in savings, investments and
addition to the indemnification for the damages financial literacy for returning
sustained by the underage migrant worker. The Filipino migrant workers and
refund shall be paid within thirty (30) days from their families in coordination
the date of the mandatory repatriation as with relevant stakeholders,
provided for in this Act." service providers and
international organizations;
Section 10. Section 17 of Republic Act No.
8042, as amended, is hereby amended to read "(b) Coordinate with appropriate
as follows: stakeholders, service providers
and relevant international
" S E C . 1 7 . E s t a b l i s h m e n t o f N a t i o n a l organizations for the promotion,
Reintegration Center for Overseas Filipino development and the full
Workers. -A national reintegration center for utilization of overseas Filipino
overseas Filipino workers (NRCO) is hereby worker returnees and their
created in the Department of Labor and potentials;
Employment for returning Filipino migrant
workers which shall provide a mechanism for "(c) Institute, in cooperation with
their reintegration into the Philippine society, other government agencies
serve as a promotion house for their local concerned, a computer-based
employment, and tap their skills and potentials information system on returning
for national development. Filipino migrant workers shall be
accessible to all local
"The Department of Labor and Employment, the recruitment agencies and
Overseas Workers Welfare Administration employers, both public and
(OWWA), and the Philippine Overseas private;
Employment Administration (POEA) shall, within
ninety (90) days from the effectivity of this Act, "(d) Proved a periodic study and
formulate a program that would motivate migrant assessment of job opportunities
workers to plan for productive options such as for returning Filipino migrant
entry into highly technical jobs or undertakings, workers;
livelihood and entrepreneurial development, "(e) Develop and implement
better wage employment, and investment of other appropriate programs to
savings. promote the welfare of returning
"For this purpose, the Technical Education and Filipino migrant workers;
Skills Development Authority (TESDA), the "(f) Maintain an internet-based
Technology Livelihood Resource Center (TLRC), communication system for on-
and other government agencies involved in line registration and interaction
training and livelihood development shall give with clients, and maintain and
priority to returnees who had been employed as upgrade computer-based
domestic helpers and entertainers." service capabilities of the
NRCO;

253
 "(g) Develop capacity-building Interior and Local Government, the National
programs for returning overseas Te l e c o m m u n i c a t i o n s C o m m i s s i o n , t h e
Filipino workers and their Commission on Information and
families, implementers, service Communications Technology, the National
providers, and stakeholders; Computer Center, the National Statistical and
and Coordination Board, the National Statistics
Office and other government agencies
"(h) Conduct research for policy
concerned with overseas employment shall be
recommendations and program
established to implement a shared government
development."
information system for migration. The
Section 12. The second paragraph of Section interagency committee shall initially make
19 of Republic Act No. 8042, as amended, is available to itself the information contained in
hereby amended to read as follows: existing data bases/files. The second phase
"The establishment and operations of the Center shall involve linkaging of computer facilities on
shall be a joint undertaking of the various order to allow free-flow data exchanges and
government agencies. The Center shall be open sharing among concerned agencies.
for twenty-four (24) hours daily including "The inter-agency committee shall be co-chaired
Saturdays, Sundays and holidays, and shall be by the Department of Foreign Affairs and the
staffed by Foreign Service personnel, service Department of Labor and Employment. The
attaches or officers who represent other National Computer Center shall provide the
Philippine government agencies abroad and, if necessary technical assistance and shall set the
available, individual volunteers and bona appropriate information and communications
fidenon-government organizations from the host technology standards to facilitate the sharing of
countries. In countries categorized as highly information among the member agencies.
problematic by the Department of Foreign Affairs
"The inter-agency committee shall meet
and the Department of Labor and Employment
regularly to ensure the immediate and full
and where there is a concentration of Filipino
implementation of this section and shall explore
migrant workers, the government must provide
the possibility setting up a central storage facility
aShariaor human rights lawyer, a psychologist
for the data on migration. The progress of the
and a social worker for the Center. In addition to
implementation of this section shall be include in
these personnel, the government must also hire
the report to Congress of the Department of
within the receiving country, in such number as
Foreign Affairs and the Department of Labor and
may be needed by the post, public relation
Employment under Section 33.
officers or case officers who are conversant,
orally and in writing, with the local language, "The inter-agency committee shall convene to
laws, customs and practices. The Labor Attache identify existing data bases which shall be
shall coordinate the operation of the Center and declassified and shared among member
shall keep the Chief of Mission informed and agencies. These shared data bases shall initially
updated on all matters affecting it." include, but not be limited to, the following
information:
Section 13. Section 20 of Republic Act No.
8042, as amended, is hereby amended to read "(a) Masterlists of Filipino
as follows: migrant workers/overseas
Filipino classified according to
" S E C . 2 0 . E s t a b l i s h m e n t o f a S h a r e d
occupation/job category, civil
Government Information System for Migration.-
status, by country/state of
An interagency committee composed of the
destination including visa
Department of Foreign Affairs and its attached
classification;
agency, the Commission on Filipinos Overseas,
the Department of Labor and Employment and "(b) Inventory of pending legal
its attached concerned agencies, the cases involving Filipino migrant
Department of Tourism, the Department of workers and other Filipino
Justice the Bureau of Immigration, the National nationals, including those
Bureau of Investigation, the Department of the serving prison terms;

254
 "(c) Masterlists of departing/ suspension of erring recruitment/manning
arriving Filipinos; agencies upon the payment of fine of Fifty
thousand pesos (P50,000.00) for every month of
"(d) Statistical profile on Filipino
suspension.
migrant workers/overseas
Filipinos/tourists; "in addition to its powers and functions, the
Administration shall inform migrant workers not
"(e) Blacklisted foreigners/
only of their rights as workers but also of their
undesirable aliens;
rights as human beings, instruct and guide the
"(f) Basic data on legal systems, workers how to assert their rights and provide
immigration policies, marriage the available mechanism to redress violation of
laws and civil and criminal their rights. It shall also be responsible for the
codes in receiving countries implementation, in partnership with other law-
particularly those with large enforcement agencies, of an intensified program
numbers of Filipinos; against illegal recruitment activities. For this
"(g) List of Labor and other purpose, the POEA shall provide comprehensive
human rights instruments where Pre-Employment Orientation Seminars (PEOS)
receiving countries are that will discuss topics such as prevention of
signatories; illegal recruitment and gender-sensitivity.

"(h) A tracking system of past "The Administration shall not engage in the
and present gender recruitment and placement of overseas workers
disaggregated cases involving except on a government-to-government
male and female migrant arrangement only.
workers, including minors; and "In the recruitment and placement of workers to
"(i) Listing of overseas posts service the requirements for trained and
which may render assistance to competent Filipino workers of foreign
overseas Filipinos, in general, governments and their instrumentalitys, and
and migrant workers, in such other employers as public interests may
particular." require, the Administration shall deploy only to
countries where the Philippine has conclude
Section 14. Subparagraph (b.1) of paragraph bilateral labor agreements or
(b) of Section 23 of Republic Act No. 8042, as arrangements: Provided, That such countries
amended, is hereby amended to read as follows: shall guarantee to protect the rights of Filipino
"(b.1) Philippine Overseas Employment migrant workers; and Provided, further, That
Administration. - The Administration shall such countries shall observe and/or comply with
regulate private sector participation in the the international laws and standards for migrant
recruitment and overseas placement of workers workers."
by setting up a licensing and registration system. Section 15. Sub-paragraph (b.2) of Paragraph
It shall also formulate and implement, in (b) of Section 23 of Republic Act No. 8042, as
coordination with appropriate entities concerned, amended, is hereby amended to read as follows:
when necessary, a system for promoting and
monitoring the overseas employment of Filipino "(b.2) Overseas Workers Welfare Administration.
workers taking into consideration their welfare - The Welfare officer of in his absence, the
and the domestic manpower requirements. It coordinating officer shall provide the Filipino
shall be responsible for the regulation and migrant worker and his family all the assistance
management of overseas employment from the they may need in the enforcement of contractual
pre-employment stage, securing the best obligations by agencies or entities and/or by
possible employment terms and conditions for their principals. In the performance of this
overseas Filipino workers, and taking into function, he shall make representation and may
consideration the needs of vulnerable sectors call on the agencies or entities concerned to
and the peculiarities of sea-based and land- conferences or conciliation meetings for the
based workers. In appropriate cases, the purpose of settling the compliance or problems
Administration shall allow the lifting of brought to his attention. The OWWA shall

255
likewise formulate and implement welfare to choose any of the DOH-
programs for overseas Filipino workers and their accredited or DOH-operated
families while they are abroad and upon their clinics that will conduct his/her
return. It shall ensure the awareness by the health examinations and that his
overseas Filipino workers and their families of or her rights as a patient are
these programs and other related governmental respected. The decking
programs. practice, which requires an
overseas Filipino worker to go
"In the repatriation of workers to be undertaken
first to an office for registration
by OWWA, the latter shall be authorized to pay
and then farmed out to a
repatriation-related expenses, such as fines or
medical clinic located
penalties, subject to such guidelines as the
elsewhere, shall not be allowed;
OWWA Board of Trustees may prescribe."
" (c.5) Within a period of three
Section 16. Under Section 23 of Republic Act
(3) years from the effectivity of
No. 8042, as amended, add new paragraphs (c)
this Act, all DOH regional and/or
and (d) with their corresponding subparagraphs
provincial hospitals shall
to read as follows:
establish and operate clinics
"(c) Department of Health. - The Department of that can be serve the health
Health (DOH) shall regulate the activities and examination requirements of
operations of all clinics which conduct medical, Filipino migrant workers to
physical, optical, dental, psychological and other provide them easy access to
similar examinations, hereinafter referred to as such clinics all over the country
health examinations, on Filipino migrant workers and lessen their transportation
as requirement for their overseas employment. and lodging expenses and
Pursuant to this, the DOH shall ensure that:
" (c.6) All DOH-accredited
" (c.1) The fees for the health medical clinics, including the
examinations are regulated, DOH-operated clinics,
regularly monitored and duly conducting health examinations
published to ensure that the for Filipino migrant workers shall
said fees are reasonable and observe the same standard
not exorbitant; operating procedures and shall
" (c.2) The Filipino migrant comply with internationally-
worker shall only be required to accepted standards in their
undergo health examinations operations to conform with the
when there is reasonable requirements of receiving
certainty that he or she will be countries or of foreign
hired and deployed to the employers/principals.
jobsite and only those health "Any Foreign employer who does not honor the
examinations which are results of valid health examinations conducted
absolutely necessary for the by a DOH-accredited or DOH-operated clinic
type of job applied for or those shall be temporarily disqualified from the
specifically required by the participating in the overseas employment
foreign employer shall be program, pursuant to POEA rules and
conducted; regulations.
" (c.3) No group or groups of "In case an overseas Filipino worker is found to
medical clinics shall have a be not medically fit upon his/her immediate
monopoly of exclusively arrival in the country of destination, the medical
conducting health examinations clinic that conducted the health examination/s of
on migrant workers for certain such overseas Filipino worker shall pay for his or
receiving countries; her repatriation back to the Philippines and the
" (c.4) Every Filipino migrant cost of deployment of such worker.
worker shall have the freedom

256
"Any government official or employee who "SEC. 25. Legal Assistance Fund. - There is
violates any provision of this subsection shall be herby established a legal assistance fund for
removed or dismissed from service with migrant workers, hereinafter referred to as the
disqualification to hold any appointive public Legal Assistance Fund, in the amount of one
office for five(5) years. Such penalty is without hundred million pesos (P100,000,000.00) to be
prejudice to any other liability which he or she constituted from the following sources.
may have incurred under existing laws, rules or "Fifty million pesos (50,000,000.00) from the
regulations. Contingency Fund of the President;
"(d) Local Government Units. - In the fight "Thirty million pesos (30,000,000.00) from the
against illegal recruitment, the local government Contingency Fund of the President Social Fund;
units (LGUs), in partnership with the POEA,
other concerned government agencies , and "Twenty million pesos (20,000,000.00) from the
non-government organizations advocating the Welfare Fund for Overseas Workers established
rights and welfare of overseas Filipino workers, under Letter of Instructions No. 537 as amended
shall take a proactive stance by being primarily by Presidential Decree Nos. 1694 and 1809; and
responsible for the dissemination of information "An amount appropriated in the annual General
to their constituents on all aspects of overseas Appropriations Act (GAA) which shall not be less
employment. To carry out this task, the following than Thirty million pesos (30,000,000.00) per
shall be undertaken by the LGUs: year: Provided, that the balance of the Legal
"(d.1) Provide a venue for the Assistance Fund (LAF) including the amount
POEA, other concerned appropriated for the year shall not be less than
government agencies and non- One hundred million pesos (P100,000,000.00) :
government organizations to Provided, further, That the fund shall be treated
conduct PEOS to their as a special fund in the National Treasury and its
constituents on a regular basis; balance, including the amount appropriated in
the GAA, which shall form part of the Fund, shall
"(d.2) Establish overseas not revert to the General Fund.
Filipino worker help desk or
kiosk in their localities with the " Any balances of existing funds which have
objective of providing current been set aside by the government specifically as
information to their constituents legal assistance or defense fund to help migrant
on all the processes aspects of workers shall upon effectivity of this Act, be
overseas employment. Such turned over to, and form part of, the Fund
desk or kiosk shall, as be linked created under this Act."
to the database of all concerned Section 19. Section 26 of Republic Act No.
government agencies, 8042, as amended, is hereby amended to read
particularly the POEA for its as follows:
updated lists of overseas job
orders and licensed recruitment "SEC. 26.Uses of the Legal Assistance Fund.-
agencies in good standing." The Legal Assistance Fund created under the
preceding section shall be used exclusively6 to
Section 17. Subparagraph ( c ) of Section of provide legal services to migrant workers and
Republic Act No. 8042, as amended, is hereby overseas Filipinos in distress in accordance with
amended to read as follows: the guidelines, criteria and procedures
"( c ) To tap the assistance of reputable law promulgated in accordance with Section 24 ( a )
firms, the Integrated Bar of the Philippines, other herof. The expenditures to be charged against
bar associations and other government legal the Fund shall include the fees for the foreign
experts on overseas Filipino worker laws to lawyers to be hired by the Legal Assistant for
complement the government's efforts to provide Migrant Workers Affairs to represent migrant
legal assistance to our migrant workers;" workers facing charges or in filing cases against
erring or abusive employers abroad, bail bonds
Section 18. Section 25 of Republic Act No. to secure the temporary releases and other
8042, as amended, is hereby amended to read litigation expenses:Provided,That at the end of
as follows: every year, the Department of Foreign Affairs

257
shall include in its report to Congress, as shall be qualified to nominate a
provided for under Section 33 of this Act, the representative for each sector to
status of the Legal Assistance Fund, including the Board;
the expenditures from the said fund duly audited "(c) The nominee must be at
by the Commission on Audit (COA): Provided, least twenty-five (25) years of
further,That the hiring of foreign legal counsels, age, able to read and write, and
when circumstances warrant urgent action, shall a migrant worker at the time of
be exempt from the coverage of Republic Act his or her nomination or was a
No. 9184 or the Government Procurement Act." migrant worker with at least
Section 20. Section 32 of Republic Act No. three (3) years experience as
8042, as amended, is hereby amended to read such; and
as follows: "(d) A final list of all the
"SEC. 32. POEA, OWWA and other Boards; nominees selected by the
Additional Memberships. - Notwithstanding any OWWA/POEA governing
provision of law to the contrary, the respective boards, which shall consist of
Boards of the POEA and the OWWA shall, in three(3) names for each sector
addition to their present composition, have three to be represented, shall be
(3) members each who shall come from the submitted to the President and
women, sea-based and land-based sectors published in a newspaper of
respectively, to be selected and nominated general circulation;
openly by the general membership of the sector "Within thirty (30) days from the submission of
being represented. the list, the President shall select and appoint
" The selection and nomination of the additional from the list, the representatives to the POEA/
members from the women, sea-based and land- OWWA governing boards.
based sectors shall be governed by the following "The additional members shall have a term of
guidelines: three (3) years and shall be eligible for
"(a) The POEA and the OWWA reappointment for another three (3) years. In
shall launch a massive case of vacancy, the President shall in
information campaign on the accordance with the provisions of this Act,
selection of nominees and appoint a replacement who shall serve the
provide for a system of unexpired term of his or her predecessor.
consultative sessions for the "Any executive issuances or orders issued that
c e r t i fi e d l e a d e r s o r contravene the provisions of this section shall
representatives of the have no force and effect.
concerned sectors, at least
three (3) times, within ninety "All other government agencies and
(90) days before the boards government-owned or controlled corporations
shall be convened, for purposes which require at least one (1) representative
of selection. The process shall from the overseas workers sector to their
be open, democratic and respective boards shall follow all the applicable
transparent; provisions of this section."
"(b) Only non-government Section 21. The first and last paragraph of
organizations that protect and Section 33 of Republic Act No. 8042, as
promote the rights and welfare amended, is hereby amended to read as follows:
of overseas Filipino workers, "SEC. 33. Report to Congress. - In order to
duly registered with the inform the Philippine Congress on the
appropriate Philippine implementation of the policy enunciated in
government agency and in good Section 4 hereof, the Department of Foreign
standing as such, and in Affairs and the Department of Labor and
existence for at least three (3) Employment shall submit separately to the said
years prior to the nomination body a semi-annual report of Philippine foreign

258
posts located in countries hosting Filipino thousand five hundred United
migrant workers. The mid-year report covering States dollars (US$7,500.00)
the period January to June shall be submitted disability benefit payable to the
not later than October 31 of the same year while migrant worker. The following
the year-end report covering the period July to disabilities shall be deemed
December shall be submitted not later than May permanent: total, complete loss
31 of the following year. The report shall include, of sight of both eyes; loss of
but shall not limited to, the following information: two(2) limbs at or above the
ankles or wrists; permanent
"xxx
complete paralysis of two (2)
" Any officer of the government who fails to limbs; brain injury resulting to
submit the report as stated in this section shall incurable imbecility or insanity;
be subject to an administrative penalty of
"(d) Repatriation cost of the
dismissal from the service with disqualification to
worker when his/her
hold any appointive public office for five (5)
employment is terminated
years."
without any valid cause,
Section 22. Section 35 of Republic Act No. including the transport of his or
8042, as amended, is hereby amended to read her personal belongings. In
as follows: case of death, the insurance
S E C . 3 5 . E x e m p t i o n f r o m Tr a v e l Ta x provider shall arrange and pay
Documentary Stamp and Airport Fee. - All laws for the repatriation or return of
to the contrary notwithstanding, the migrant the worker's remains. The
workers shall be exempt from the payment of insurance provider shall also
travel tax and airport-fee upon proper showing of render any assistance
proof entitlement by the POEA. necessary in the transport
including, but not limited to,
"The remittances of all overseas Filipino locating a local licensed funeral
workers, upon showing of the same proof of home, mortuary or direct
entitlement by the overseas Filipino worker's disposition facility to prepare the
beneficiary or recipient, shall be exempt from the body for transport, completing
payment of documentary stamp tax. all documentation, obtaining
Section 23. A new Section 37-A. of Replublic legal clearances, procuring
Act No. 8042, as amended, is hereby added to consular services, providing
read as follows: necessary casket or air
transport container, as well as
"SEC. 37-A. Compulsory Insurance Coverage
transporting the remains
for Agency-Hired Workers. - In addition to the
including retrieval from site of
performance bond to be filed by the recruitment/
death and delivery to the
manning agency under Section 10, each migrant
receiving funeral home;
worker deployed by a recruitment/manning
agency shall be covered by a compulsory "(e) Subsistence allowance
insurance policy which shall be secured at no benefit, with at least One
cost to the said worker. Such insurance policy hundred United States dollars
shall be effective for the duration of the migrant (US$100.00) Per month for a
worker's employment and shall cover, at the maximum of six (6) months for a
minimum: migrant worker who is involved
in a case or litigation for the
"(a) Accidental death, with at
protection of his/her rights in the
least Fifteen thousand United
receiving country;
States dollars (US$10,000.00)
survivor's benefit payable to the "(f) Money claims arising from
migrant worker's beneficiaries; employer's liability which may
be awarded or given to the
"(c) Permanent total
worker in a judgment or
disablement, with at least Seven

259
settlement of his or her case in the date of discharge from the
the NLRC. The insurance hospital, an alternative
coverage for money claims shall appropriate mode of
be equivalent to at least three transportation, such as air
(3) months for every year of the ambulance, may be arranged.
migrant worker's employment Medical and non-medical
contract; escorts may be provided when
necessary.
"In addition to the above
coverage, the insurance policy "Only reputable private insurance companies
shall also include: duly registered with the Insurance Commission
(IC) , which are in existence and operational for
"(g) Compassionate visit. When
at least Five hundred million pesos
a migrant worker is hospitalized
(P500,000,000.00) to be determined by the IC,
and has been confined for at
and with a current year certificate of authority
least seven (7) consecutive
shall be qualified to provide for the worker's
days, he shall be entitled to a
insurance coverage. Insurance companies who
compassionate visit by one (1)
have directors, partners, officers, employees or
family member or a requested
agents with relatives, within the fourth civil
individual. The insurance
degree of consanguinity or affinity, who work or
company shall pay for the
have interest in any of the licensed recruitment/
transportation cost of the family
manning agencies or in any of the government
member or requested individual
agencies involved in the overseas employment
to the major airport closest to
program shall be disqualified from providing this
the place of hospitalization of
workers' insurance coverage.
the worker. It is, however, the
responsibility of the family "The recruitment/manning agency shall have the
member or requested individual right to choose from any of the qualified
to meet all visa and travel insurance providers the company that will insure
document requirements; the migrant worker it will deploy. After procuring
such insurance policy, the recruitment/manning
"(h) Medical evacuation. When
agency shall provide an authenticated copy
an adequate medical facility is
thereof to the migrant worker. It shall then
not available proximate to the
submit the certificate of insurance coverage of
migrant worker, as determined
the migrant worker to POEA as a requirement
by the insurance company's
for the issuance of an Overseas Employment
physician and/or a consulting
Certificate (OEC) to the migrant worker. In the
physician, evacuation under
case of seafarers who are insured under policies
appropriate medical supervision
issued by foreign insurance companies, the
by the mode of transport
POEA shall accept certificates or other proofs of
necessary shall be undertaken
cover from recruitment/manning agencies:
by the insurance provider; and
Provided, That the minimum coverage under
"(i) Medical repatriation. When sub-paragraphs (a) to (i) are included therein.
medically necessary as
"Any person having a claim upon the policy
determined by the attending
issued pursuant to subparagraphs (a), (b), (c),
physician, repatriation under
(d) and (e) of this section shall present to the
medical supervision to the
insurance company concerned a written notice
migrant worker's residence shall
of claim together with pertinent supporting
be undertaken by the insurance
documents. The insurance company shall
provider at such time that the
forthwith ascertain the truth and extent of the
migrant worker is medically
claim and make payment within ten (10) days
cleared for travel by commercial
from the filing of the notice of claim.
carrier. If the period to receive
medical clearance to travel "Any claim arising from accidental death, natural
exceeds fourteen (14) days from death or disablement under this section shall be

260
paid by the insurance company without any "(3) Within ten (10) days from
contest and without the necessity of providing the filing of notice of claim, the
fault or negligence of any kind on the part of the insurance company shall make
insured migrant worker: Provided, That the payment to the recruitment/
following documents, duly authenticated by the manning agency the amount
Philippine foreign posts, shall be sufficient adjudged or agreed upon, or the
evidence to substantiate the claim: amount of liability insured,
w h i c h e v e r i s l o w e r. A f t e r
"(1) Death Certificate - In case
receiving the insurance
of natural or accidental death;
payment, the recruitment/
"(2) Police or Accident Report - manning agency shall
In case of accidental death; and immediately pay the migrant
"(3) Medical Certificate - In case worker's claim in full, taking into
of permanent disablement; account that in case the amount
of insurance coverage is
"For repatriation under subparagraph (d) hereof, insufficient to satisfy the amount
a certification which states the reason/s for the adjudged or agreed upon, it is
termination of the migrant worker's employment liable to pay the balance
and the need for his or her repatriation shall be thereof;
issued by the Philippine foreign post or the
Philippine Overseas Labor Office (POLO) "(4) In case the insurance
located in the receiving country. company fails to make payment
within ten (10) days from the
"For subsistence allowance benefit under fi l i n g o f t h e c l a i m , t h e
subparagraph (e), the concerned labor attach recruitment/ manning agency
or, in his absence, the embassy or consular shall pay the amount adjudged
official shall issue a certification which states the or agreed upon within the
name of the case, the names of the parties and remaining days of the thirty (30)-
the nature of the cause of action of the migrant day period, as provided in the
worker. first subparagraph hereof;
"For the payment of money claims under "(5) If the worker's claim was not
subparagraph (f), the following rules shall settled within the aforesaid thirty
govern: (30)-day period, the recruitment/
"(1) After a decision has manning agency's performance
become final and executor or a bond or escrow deposit shall be
settlement/compromise forthwith garnished to satisfy the
agreement has been reached migrant worker's claim;
between the parties at the "(6) The provision of compulsory
NLRC, an order shall be worker's insurance under this
released mandating the section shall not affect the joint
respondent recruitment/manning and solidary liability of the
agency to pay the amount foreign employer and the
adjudged or agreed upon within recruitment/manning agency
thirty (30) days; under Section 10;
"(2) The recruitment/manning "(7) Lawyers for the insurance
agency shall then immediately companies, unless the latter is
file a notice of claim with its impleaded, shall be prohibited to
insurance provider for the appear before the NLRC in
amount of liability insured, money claims cases under this
attaching therewith a copy of the section.
decision or compromise
agreement; "Any question or dispute in the enforcement of
any insurance policy issued under this section

261
shall be brought before the IC for mediation or formulate the necessary implementing rules and
adjudication. regulations.
"In case it is shown by substantial evidence "The foregoing provisions on compulsory
before the POEA that the migrant worker who insurance coverage shall be subject to
was deployed by a licensed recruitment/ automatic review through the Congressional
manning agency has paid for the premium or the Oversight Committee immediately after three (3)
cost of the insurance coverage or that the said years from the effectivity of this Act in order to
insurance coverage was used as basis by the determine its efficacy in favor of the covered
recruitment/manning agency to claim any overseas Filipino workers and the compliance by
additional fee from the migrant worker, the said recruitment/manning agencies and insurance
licensed recruitment/manning agency shall lose companies, without prejudice to an earlier
its license and all its directors, partners, review if necessary and warranted for the
proprietors, officers and employees shall be purpose of modifying, amending and/or
perpetually disqualified from engaging in the repealing these subject provisions.
business of recruitment of overseas workers. Section 24.A new Section 37-B of Republic Act
Such penalty is without prejudice to any other No. 8042, as amended, is hereby added to read
liability which such persons may have incurred as follows:
under existing laws, rules or regulations.
" S e c . 3 7 - B . C o n g r e s s i o n a l O v e r s i g h t
"For migrant workers recruited by the POEA on Committee. - There is hereby created a Joint
a government-to-government arrangement, the Congressional Oversight Committee composed
POEA shall establish a foreign employers of five (5) Senators and five (5) Representatives
guarantee fund which shall be answerable to the to be appointed by the Senate President and the
workers' monetary claims arising from breach of Speaker of the House of Representatives,
contractual obligations. For migrant workers respectively. The Oversight Committee shall be
classified as rehires, name hires or direct hires, co-chaired by the chairpersons of the Senate
they may opt to be covered by this insurance Committee on Labor and Employment and the
coverage by requesting their foreign employers House of Representatives Committee on
to pay for the cost of the insurance coverage or Overseas Workers Affairs. The Oversight
they may pay for the premium themselves. To Committee shall have the following duties and
protect the rights of these workers, the POEA functions:
shall provide them adequate legal assistance,
including conciliation and mediation services, "(a) To set the guidelines and
whether at home or abroad. overall framework to monitor
and ensure the proper
"At the end of every year, the Department of implementation of Republic Act
Labor and Employment and the IC shall jointly No. 8042, as amended, as well
make an assessment of the performance of all as all programs, projects and
insurance providers, based upon the report of activities related to overseas
the NLRC and the POEA on their respective employment;
interactions and experiences with the insurance
companies, and they shall have the authority to "(b) To ensure transparency and
ban or blacklist such insurance companies require the submission of
which are known to be evasive or not responsive reports from concerned
to the legitimate claims of migrant workers. The government agencies on the
Department of Labor and Employment shall conduct of programs, projects
include such assessment in its year-end report and policies relating to the
to Congress. implementation of Republic Act
No. 8042, as amended;
"For purposes of this section, the Department of
Labor and Employment, IC, NLRC and the "(c) To approve the budget for
POEA, in consultation with the recruitment/ the programs of the Oversight
manning agencies and legitimate non- Committee and all
government organizations advocating the rights disbursements therefrom,
and welfare of overseas Filipino workers, shall

262
 including compensation of all consultation with the Senate Committee on
personnel; Labor and Employment and the House of
Representatives Committee on Overseas
"(d) To submit periodic reports to
Workers Affairs, shall, within sixty (60) days after
the President of the Philippines
the effectivity of this Act, formulate the
and Congress on the
necessary rules and regulations for its effective
implementation of the provisions
implementation.
of Republic Act No. 8042, as
amended; Section 26. Funding. - The departments,
agencies, instrumentalities, bureaus, offices and
"(e) To determine weaknesses
government-owned and controlled corporations
in the law and recommend the
charged with carrying out the provisions of this
necessary remedial legislation
Act shall include in their respective programs the
or executive measures; and
implementation of this Act, the funding of which
"(f) To perform such other shall be included in the General Appropriations
duties, functions and Act. The Congressional Oversight Committee on
responsibilities as may be Overseas Workers Affairs shall have the sum of
necessary to attain its Twenty-five million pesos (P25,000,000.00), half
objectives. of which shall be charged against the current
"The Oversight Committee shall adopt its appropriations of the Senate while the other half
internal rules of procedure, conduct hearings shall be charged against the current
and receive testimonies, reports, and technical appropriations of the House of Representatives,
advice, invite or summon by subpoena ad to carry out its powers and functions for its initial
testificandumany public official or private citizen operations and for fiscal years wherein the
to testify before it, or require any person by General Appropriations Act is reenacted and no
subpoena duces tecum documents or other provision for its continued operation is included
materials as it may require consistent with the in such Act. Thereafter, such amount necessary
provisions of Republic Act No. 8042, as for its continued operations shall be included in
amended. the annual General Appropriations Act.

"The Oversight Committee shall organize its Section 27. Separability Clause. - If, for any
staff and technical panel, and appoint such reason, may portion of this Act is declared
personnel, whether on secondment from the unconstitutional or invalid, the same shall not
Senate and the House of Representatives or on affect the validity of the other provisions not
temporary, contractual, or on consultancy, and affected thereby.
determine their compensation subject to Section 28. Repealing Clause. - All laws,
applicable civil service laws, rules and decrees, executive orders, issuances, rules and
regulations with a view to ensuring a competent regulations or parts thereof inconsistent with the
and efficient secretariat. provisions of this Act are hereby repealed or
"The members of the Oversight Committee shall modified accordingly.
not receive additional compensation, allowances Section 29. Effectivity. - This Act shall take
or emoluments for services rendered thereto effect fifteen (15) days after its publication in at
except traveling, extraordinary and other least two (2) newspapers of general circulation.
necessary expenses to attain its goals and
objectives.
"The Oversight Committee shall exist for a
period of ten (10) years from the effectivity of
this Act and may be extended by a joint
concurrent resolution."
S e c t i o n 2 5 . I m p l e m e n t i n g R u l e s a n d
Regulations. - The departments and agencies
charged with carrying out the provisions of this
Act, except as otherwise provided herein, in

263
Republic of the Philippines not they receive compensation,
Congress of the Philippines regardless of amount.
Metro Manila (c) "Gift" refers to a thing or a right to
Eighth Congress dispose of gratuitously, or any act or
liberality, in favor of another who

accepts it, and shall include a simulated

Republic Act No. 6713 sale or an ostensibly onerous
disposition thereof. It shall not include
February 20, 1989 an unsolicited gift of nominal or
AN ACT ESTABLISHING A CODE OF i n s i g n i fi c a n t v a l u e n o t g i v e n i n
CONDUCT AND ETHICAL STANDARDS FOR anticipation of, or in exchange for, a
PUBLIC OFFICIALS AND EMPLOYEES, TO favor from a public official or employee.
UPHOLD THE TIME-HONORED PRINCIPLE (d) "Receiving any gift" includes the act
OF PUBLIC OFFICE BEING A PUBLIC TRUST, of accepting directly or indirectly, a gift
GRANTING INCENTIVES AND REWARDS from a person other than a member of
FOR EXEMPLARY SERVICE, ENUMERATING his family or relative as defined in this
PROHIBITED ACTS AND TRANSACTIONS Act, even on the occasion of a family
A N D P R O V I D I N G P E N A LT I E S F O R celebration or national festivity like
VIOLATIONS THEREOF AND FOR OTHER Christmas, if the value of the gift is
PURPOSES neither nominal nor insignificant, or the
Be it enacted by the Senate and House of gift is given in anticipation of, or in
Representatives of the Philippines in Congress exchange for, a favor.
assembled:: (e) "Loan" covers both simple loan and
Section 1.Title.- This Act shall be known as the commodatum as well as guarantees,
"Code of Conduct and Ethical Standards for fi n a n c i n g a r r a n g e m e n t s o r
Public Officials and Employees." accommodations intended to ensure its
approval.
Section 2. Declaration of Policies. - It is the
policy of the State to promote a high standard of (f) "Substantial stockholder" means any
ethics in public service. Public officials and person who owns, directly or indirectly,
employees shall at all times be accountable to shares of stock sufficient to elect a
the people and shall discharge their duties with director of a corporation. This term shall
utmost responsibility, integrity, competence, and also apply to the parties to a voting trust.
loyalty, act with patriotism and justice, lead (g) "Family of public officials or
modest lives, and uphold public interest over employees" means their spouses and
personal interest. unmarried children under eighteen (18)
Section 3.Definition of Terms.- As used in this years of age.
Act, the term: (h) "Person" includes natural and
(a) "Government" includes the National juridical persons unless the context
Government, the local governments, indicates otherwise.
and all other instrumentalities, agencies (i) "Conflict of interest" arises when a
or branches of the Republic of the public official or employee is a member
Philippines including government-owned of a board, an officer, or a substantial
or controlled corporations, and their stockholder of a private corporation or
subsidiaries.lawphi1.net owner or has a substantial interest in a
(b) "Public Officials" includes elective business, and the interest of such
and appointive officials and employees, corporation or business, or his rights or
permanent or temporary, whether in the duties therein, may be opposed to or
career or non-career service, including affected by the faithful performance of
military and police personnel, whether or official duty.

264
 (j) "Divestment" is the transfer of title or doing acts contrary to law, good
disposal of interest in property by morals, good customs, public
voluntarily, completely and actually policy, public order, public safety
depriving or dispossessing oneself of his and public interest. They shall
right or title to it in favor of a person or not dispense or extend undue
persons other than his spouse and favors on account of their office
relatives as defined in this Act. to their relatives whether by
consanguinity or affinity except
(k) "Relatives" refers to any and all
with respect to appointments of
persons related to a public official or
such relatives to positions
employee within the fourth civil degree
considered strictly confidential
of consanguinity or affinity, including
or as members of their personal
bilas, inso and balae.
staff whose terms are
Section 4.Norms of Conduct of Public Officials coterminous with theirs.
and Employees. - (A) Every public official and
(d) Political neutrality. - Public
employee shall observe the following as
officials and employees shall
standards of personal conduct in the discharge
provide service to everyone
and execution of official duties:
without unfair discrimination and
(a) Commitment to public regardless of party affiliation or
interest. - Public officials and preference.
employees shall always uphold
(e) Responsiveness to the
the public interest over and
public. - Public officials and
above personal interest. All
employees shall extend prompt,
government resources and
courteous, and adequate
powers of their respective
service to the public. Unless
offices must be employed and
otherwise provided by law or
used efficiently, effectively,
when required by the public
honestly and economically,
interest, public officials and
particularly to avoid wastage in
employees shall provide
public funds and revenues.
information of their policies and
(b) Professionalism. - Public procedures in clear and
officials and employees shall understandable language,
perform and discharge their ensure openness of information,
duties with the highest degree of public consultations and
excellence, professionalism, hearings whenever appropriate,
intelligence and skill. They shall encourage suggestions, simplify
enter public service with utmost and systematize policy, rules
devotion and dedication to duty. and procedures, avoid red tape
They shall endeavor to and develop an understanding
discourage wrong perceptions and appreciation of the socio-
of their roles as dispensers or economic conditions prevailing
peddlers of undue patronage. in the country, especially in the
(c) Justness and sincerity. - depressed rural and urban
Public officials and employees areas.
shall remain true to the people (f) Nationalism and patriotism. -
at all times. They must act with Public officials and employees
justness and sincerity and shall shall at all times be loyal to the
not discriminate against anyone, Republic and to the Filipino
especially the poor and the people, promote the use of
underprivileged. They shall at all locally produced goods,
times respect the rights of resources and technology and
others, and shall refrain from encourage appreciation and

265
 pride of country and people. reply must contain the action taken on
They shall endeavor to maintain the request.
and defend Philippine (b) Submit annual performance reports.
sovereignty against foreign - All heads or other responsible officers
intrusion. o f o f fi c e s a n d a g e n c i e s o f t h e
(g) Commitment to democracy. - government and of government-owned
Public officials and employees or controlled corporations shall, within
shall commit themselves to the forty-five (45) working days from the end
democratic way of life and of the year, render a performance report
values, maintain the principle of of the agency or office or corporation
p u b l i c a c c o u n t a b i l i t y, a n d concerned. Such report shall be open
manifest by deeds the and available to the public within regular
supremacy of civilian authority office hours.
over the military. They shall at (c) Process documents and papers
all times uphold the Constitution expeditiously. - All official papers and
and put loyalty to country above documents must be processed and
loyalty to persons or party. completed within a reasonable time from
(h) Simple living. - Public the preparation thereof and must
officials and employees and contain, as far as practicable, not more
their families shall lead modest than three (3) signatories therein. In the
lives appropriate to their absence of duly authorized signatories,
positions and income. They the official next-in-rank or officer in
shall not indulge in extravagant charge shall sign for and in their behalf.
or ostentatious display of wealth (d) Act immediately on the public's
in any form. personal transactions. - All public
(B) The Civil Service Commission shall officials and employees must attend to
adopt positive measures to promote (1) anyone who wants to avail himself of the
observance of these standards including services of their offices and must, at all
the dissemination of information times, act promptly and expeditiously.
programs and workshops authorizing (e) Make documents accessible to the
merit increases beyond regular public. - All public documents must be
progression steps, to a limited number made accessible to, and readily
of employees recognized by their office available for inspection by, the public
colleagues to be outstanding in their within reasonable working hours.
observance of ethical standards; and (2)
continuing research and Section 6.System of Incentives and Rewards.-
experimentation on measures which A system of annual incentives and rewards is
provide positive motivation to public hereby established in order to motivate and
officials and employees in raising the inspire public servants to uphold the highest
general level of observance of these standards of ethics. For this purpose, a
standards. Committee on Awards to Outstanding Public
Officials and Employees is hereby created
Section 5. Duties of Public Officials and composed of the following: the Ombudsman and
Employees.- In the performance of their duties, Chairman of the Civil Service Commission as
all public officials and employees are under Co-Chairmen, and the Chairman of the
obligation to:lawphi1.net Commission on Audit, and two government
(a) Act promptly on letters and requests. employees to be appointed by the President, as
- All public officials and employees shall, members.
within fifteen (15) working days from It shall be the task of this Committee to conduct
receipt thereof, respond to letters, a periodic, continuing review of the performance
telegrams or other means of of public officials and employees, in all the
communications sent by the public. The branches and agencies of Government and

266
establish a system of annual incentives and (2) Engage in the private
rewards to the end that due recognition is given practice of their profession
to public officials and employees of outstanding unless authorized by the
merit on the basis of the standards set forth in Constitution or law, provided,
this Act. that such practice will not
conflict or tend to conflict with
The conferment of awards shall take into
their official functions; or
account, among other things, the following: the
years of service and the quality and consistency (3) Recommend any person to
of performance, the obscurity of the position, the any position in a private
level of salary, the unique and exemplary quality enterprise which has a regular
of a certain achievement, and the risks or or pending official transaction
temptations inherent in the work. Incentives and with their office.
rewards to government officials and employees These prohibitions shall continue to
of the year to be announced in public apply for a period of one (1) year after
ceremonies honoring them may take the form of resignation, retirement, or separation
bonuses, citations, directorships in government- from public office, except in the case of
owned or controlled corporations, local and subparagraph (b) (2) above, but the
foreign scholarship grants, paid vacations and professional concerned cannot practice
the like. They shall likewise be automatically his profession in connection with any
promoted to the next higher position with the matter before the office he used to be
commensurate salary suitable to their with, in which case the one-year
qualifications. In case there is no next higher prohibition shall likewise apply.
position or it is not vacant, said position shall be
included in the budget of the office in the next (c) Disclosure and/or misuse of
General Appropriations Act. The Committee on confidential information. - Public officials
Awards shall adopt its own rules to govern the and employees shall not use or divulge,
conduct of its activities. confidential or classified information
officially known to them by reason of
Section 7.Prohibited Acts and Transactions.- In their office and not made available to
addition to acts and omissions of public officials the public, either:
and employees now prescribed in the
Constitution and existing laws, the following (1) To further their private
shall constitute prohibited acts and transactions interests, or give undue
of any public official and employee and are advantage to anyone; or
hereby declared to be unlawful: (2) To prejudice the public
(a) Financial and material interest. - interest.
Public officials and employees shall not, (d) Solicitation or acceptance of gifts. -
directly or indirectly, have any financial Public officials and employees shall not
or material interest in any transaction solicit or accept, directly or indirectly,
requiring the approval of their office. any gift, gratuity, favor, entertainment,
(b) Outside employment and other loan or anything of monetary value from
activities related thereto. - Public any person in the course of their official
officials and employees during their duties or in connection with any
incumbency shall not: operation being regulated by, or any
transaction which may be affected by
(1) Own, control, manage or the functions of their office.
accept employment as officer,
employee, consultant, counsel, As to gifts or grants from foreign
b r o k e r, a g e n t , t r u s t e e o r governments, the Congress consents to:
nominee in any private (i) The acceptance and retention
enterprise regulated, supervised by a public official or employee
or licensed by their office unless of a gift of nominal value
expressly allowed by law;

267
 tendered and received as a The two documents shall contain
souvenir or mark of courtesy; information on the following:
(ii) The acceptance by a public ( a ) r e a l p r o p e r t y, i t s
official or employee of a gift in improvements, acquisition
the nature of a scholarship or costs, assessed value and
fellowship grant or medical current fair market value;
treatment; or (b) personal property and
(iii) The acceptance by a public acquisition cost;
official or employee of travel (c) all other assets such as
grants or expenses for travel investments, cash on hand or in
taking place entirely outside the banks, stocks, bonds, and the
Philippine (such as allowances, like;
transportation, food, and
lodging) of more than nominal (d) liabilities, and;
value if such acceptance is (e) all business interests and
appropriate or consistent with financial connections.
the interests of the Philippines,
and permitted by the head of The documents must be filed:
office, branch or agency to (a) within thirty (30) days after
which he belongs. assumption of office;
The Ombudsman shall prescribe such (b) on or before April 30, of
regulations as may be necessary to every year thereafter; and
carry out the purpose of this subsection,
(c) within thirty (30) days after
including pertinent reporting and
separation from the service.
disclosure requirements.
All public officials and employees
Nothing in this Act shall be construed to
required under this section to file the
restrict or prohibit any educational,
aforestated documents shall also
scientific or cultural exchange programs
execute, within thirty (30) days from the
subject to national security
date of their assumption of office, the
requirements.
necessary authority in favor of the
Section 8. Statements and Disclosure. - Public Ombudsman to obtain from all
officials and employees have an obligation to appropriate government agencies,
accomplish and submit declarations under oath including the Bureau of Internal
of, and the public has the right to know, their Revenue, such documents as may show
assets, liabilities, net worth and financial and their assets, liabilities, net worth, and
business interests including those of their also their business interests and
spouses and of unmarried children under financial connections in previous years,
eighteen (18) years of age living in their including, if possible, the year when they
households. fi r s t a s s u m e d a n y o f fi c e i n t h e
(A) Statements of Assets and Liabilities Government.
and Financial Disclosure. - All public Husband and wife who are both public
officials and employees, except those officials or employees may file the
who serve in an honorary capacity, required statements jointly or separately.
laborers and casual or temporary
The Statements of Assets, Liabilities
workers, shall file under oath their
and Net Worth and the Disclosure of
Statement of Assets, Liabilities and Net
Business Interests and Financial
Worth and a Disclosure of Business
Connections shall be filed by:
Interests and Financial Connections and
those of their spouses and unmarried (1) Constitutional and national
children under eighteen (18) years of elective officials, with the
age living in their households.

268
 n a t i o n a l o f fi c e o f t h e the statement. After such period, the
Ombudsman; statement may be destroyed unless
needed in an ongoing investigation.
(2) Senators and Congressmen,
with the Secretaries of the (D) Prohibited acts. - It shall be unlawful for any
Senate and the House of person to obtain or use any statement filed
Representatives, respectively; under this Act for:
Justices, with the Clerk of Court (a) any purpose contrary to morals or
of the Supreme Court; Judges, public policy; or
with the Court Administrator;
and all national executive (b) any commercial purpose other than
officials with the Office of the by news and communications media for
President. dissemination to the general public.
(3) Regional and local officials Section 9. Divestment. - A public official or
and employees, with the Deputy employee shall avoid conflicts of interest at all
Ombudsman in their respective times. When a conflict of interest arises, he shall
regions; resign from his position in any private business
enterprise within thirty (30) days from his
(4) Officers of the armed forces assumption of office and/or divest himself of his
from the rank of colonel or naval shareholdings or interest within sixty (60) days
captain, with the Office of the from such assumption.
President, and those below said
ranks, with the Deputy The same rule shall apply where the public
Ombudsman in their respective official or employee is a partner in a partnership.
regions; and The requirement of divestment shall not apply to
(5) All other public officials and those who serve the Government in an honorary
employees, defined in Republic capacity nor to laborers and casual or temporary
Act No. 3019, as amended, with workers.
the Civil Service Commission. S e c t i o n 1 0 . R e v i e w a n d C o m p l i a n c e
(B) Identification and disclosure of relatives. - It Procedure. - (a) The designated Committees of
shall be the duty of every public official or both Houses of the Congress shall establish
employee to identify and disclose, to the best of procedures for the review of statements to
his knowledge and information, his relatives in determine whether said statements which have
the Government in the form, manner and been submitted on time, are complete, and are
frequency prescribed by the Civil Service in proper form. In the event a determination is
Commission. made that a statement is not so filed, the
appropriate Committee shall so inform the
(C) Accessibility of documents. - (1) Any and all reporting individual and direct him to take the
statements filed under this Act, shall be made necessary corrective action.
available for inspection at reasonable hours.
(b) In order to carry out their
(2) Such statements shall be made responsibilities under this Act, the
available for copying or reproduction designated Committees of both Houses
after ten (10) working days from the time of Congress shall have the power within
they are filed as required by law. their respective jurisdictions, to render
(3) Any person requesting a copy of a any opinion interpreting this Act, in
statement shall be required to pay a writing, to persons covered by this Act,
reasonable fee to cover the cost of subject in each instance to the approval
reproduction and mailing of such by affirmative vote of the majority of the
statement, as well as the cost of particular House concerned.
certification. The individual to whom an opinion is
(4) Any statement filed under this Act rendered, and any other individual
shall be available to the public for a involved in a similar factual situation,
period of ten (10) years after receipt of and who, after issuance of the opinion

269
 acts in good faith in accordance with it person a penalty in any amount not to
shall not be subject to any sanction exceed twenty-five thousand pesos
provided in this Act. (P25,000). If another sanction
hereunder or under any other law is
(c) The heads of other offices shall
heavier, the latter shall apply.
perform the duties stated in subsections
(a) and (b) hereof insofar as their Section 12. Promulgation of Rules and
respective offices are concerned, Regulations, Administration and Enforcement of
subject to the approval of the Secretary this Act. - The Civil Service Commission shall
of Justice, in the case of the Executive have the primary responsibility for the
Department and the Chief Justice of the administration and enforcement of this Act. It
Supreme Court, in the case of the shall transmit all cases for prosecution arising
Judicial Department. from violations of this Act to the proper
authorities for appropriate action: Provided,
Section 11.Penalties.- (a) Any public official or
h o w e v e r, T h a t i t m a y i n s t i t u t e s u c h
employee, regardless of whether or not he holds
administrative actions and disciplinary measures
office or employment in a casual, temporary,
as may be warranted in accordance with law.
holdover, permanent or regular capacity,
Nothing in this provision shall be construed as a
committing any violation of this Act shall be
deprivation of the right of each House of
punished with a fine not exceeding the
Congress to discipline its Members for disorderly
equivalent of six (6) months' salary or
behavior.
suspension not exceeding one (1) year, or
removal depending on the gravity of the offense The Civil Service Commission is hereby
after due notice and hearing by the appropriate authorized to promulgate rules and regulations
body or agency. If the violation is punishable by necessary to carry out the provisions of this Act,
a heavier penalty under another law, he shall be including guidelines for individuals who render
prosecuted under the latter statute. Violations of free voluntary service to the Government. The
Sections 7, 8 or 9 of this Act shall be punishable Ombudsman shall likewise take steps to protect
with imprisonment not exceeding five (5) years, citizens who denounce acts or omissions of
or a fine not exceeding five thousand pesos public officials and employees which are in
(P5,000), or both, and, in the discretion of the violation of this Act.
court of competent jurisdiction, disqualification to Section 13. Provisions for More Stringent
hold public office. Standards. - Nothing in this Act shall be
(b) Any violation hereof proven in a construed to derogate from any law, or any
proper administrative proceeding shall regulation prescribed by any body or agency,
be sufficient cause for removal or which provides for more stringent standards for
dismissal of a public official or its official and employees.
employee, even if no criminal Section 14. Appropriations. - The sum
prosecution is instituted against him. necessary for the effective implementation of
(c) Private individuals who participate in this Act shall be taken from the appropriations of
conspiracy as co-principals, the Civil Service Commission. Thereafter, such
accomplices or accessories, with public sum as may be needed for its continued
officials or employees, in violation of this implementation shall be included in the annual
Act, shall be subject to the same penal General Appropriations Act.
liabilities as the public officials or Section 15. Separability Clause. - If any
employees and shall be tried jointly with provision of this Act or the application of such
them. provision to any person or circumstance is
(d) The official or employee concerned declared invalid, the remainder of the Act or the
may bring an action against any person application of such provision to other persons or
who obtains or uses a report for any circumstances shall not be affected by such
purpose prohibited by Section 8 (D) of declaration.
this Act. The Court in which such action Section 16. Repealing Clause. - All laws,
is brought may assess against such decrees and orders or parts thereof inconsistent

270
herewith, are deemed repealed or modified property (or income thereof) already
accordingly, unless the same provide for a pertaining to him when he qualified for
heavier penalty. public office or employment, or the fruits
and income of the exclusive property of
Section 17. Effectivity. - This Act shall take
the respondent's spouse. It shall not
effect after thirty (30) days following the
include:
completion of its publication in the Official
Gazette or in two (2) national newspapers of 1. Property unlawfully acquired
general circulation. by the respondent, but its
ownership is concealed by its
Approved,February 20, 1989.
being recorded in the name of,
or held by, the respondent's
spouse, ascendants,
descendants, relatives, or any
other person.
2. Property unlawfully acquired
by the respondent, but
transferred by him to another
person or persons on or after
the effectivity of this Act.
3. Property donated to the
respondent during his
incumbency, unless he can
prove to the satisfaction of the
court that the donation is lawful.
Section 2. Filing of petition. Whenever any
public officer or employee has acquired during
his incumbency an amount of property which is
manifestly out of proportion to his salary as such
public officer or employee and to his other lawful
REPUBLIC ACT No. 1379 income and the income from legitimately
AN ACT DECLARING FORFEITURE IN FAVOR acquired property, said property shall be
OF THE STATE ANY PROPERTY FOUND TO presumed prima facie to have been unlawfully
HAVE BEEN UNLAWFULLY ACQUIRED BY acquired. The Solicitor General, upon complaint
ANY PUBLIC OFFICER OR EMPLOYEE AND by any taxpayer to the city or provincial fiscal
PROVIDING FOR THE PROCEEDINGS who shall conduct a previous inquiry similar to
THEREFOR. preliminary investigations in criminal cases and
shall certify to the Solicitor General that there is
Section 1. Definitions. (a) For the purposes of reasonable ground to believe that there has
this Act, a "public officer or employee" means been committed a violation of this Act and the
any person holding any public office or respondent is probably guilty thereof, shall file,
employment by virtue of an appointment, in the name and on behalf of the Republic of the
election or contract, and any person holding any Philippines, in the Court of First Instance of the
office or employment, by appointment or city or province where said public officer or
contract, in any State owned or controlled employee resides or holds office, a petition for a
corporation or enterprise. writ commanding said officer or employee to
(b) "Other legitimately acquired show cause why the property aforesaid, or any
property" means any real or personal part thereof, should not be declared property of
property, money or securities which the the State: Provided, That no such petition shall
respondent has at any time acquired by be filed within one year before any general
inheritance and the income thereof, or election or within three months before any
by gift inter vivos before his becoming a special election.
public officer or employee, or any

271
The resignation, dismissal or separation of the that he has lawfully acquired the property in
officer or employee from his office or question, then the court shall declare such
employment in the Government or in the property, forfeited in favor of the State, and by
Government-owned or controlled corporation virtue of such judgment the property aforesaid
shall not be a bar to the filing of the shall become property of the State: Provided,
petition:Provided, however, That the right to file That no judgment shall be rendered within six
such petition shall prescribe after four years months before any general election or within
from the date of the resignation, dismissal or three months before any special election. The
separation or expiration of the term of the office Court may, in addition, refer this case to the
or employee concerned, except as to those who corresponding Executive Department for
have ceased to hold office within ten years prior administrative or criminal action, or both.
to the approval of this Act, in which case the Section 7.Appeal.The parties may appeal from
proceedings shall prescribe after four years from the judgment of the Court of First Instance as
the approval hereof. provided in the Rules of Court for appeals in civil
Section 3. The petition. The petition shall cases.
contain the following information: S e c t i o n 8 . P r o t e c t i o n a g a i n s t s e l f -
(a) The name and address of the incrimination. Neither the respondent nor any
respondent. other person shall be excused from attending
and testifying or from producing books, papers,
(b) The public officer or employment he
correspondence, memoranda and other records
holds and such other public offices or
on the ground that the testimony or evidence,
employment which he has previously
documentary or otherwise, required of him may
held.
tend to incriminate him or subject him to
(c) The approximate amount of property prosecution; but no individual shall be
he has acquired during his incumbency prosecuted criminally for or on account of any
in his past and present offices and transaction, matter or thing concerning which he
employments. is compelled, after having claimed his privilege
(d) A description of said property, or against self-incrimination, to testify or produce
such thereof as has been identified by evidence, documentary or otherwise, except that
the Solicitor General. such individual so testifying shall not be exempt
from prosecution and conviction for perjury or
(e) The total amount of his government false testimony committed in so testifying or
salary and other proper earnings and from administrative proceedings.
incomes from legitimately acquired
property, and Section 9.Immunity.The Solicitor General may
grant immunity from criminal prosecution to any
(f) Such other information as may person who testifies to the unlawful manner in
enable the court to determine whether which the respondent has acquired any of the
or not the respondent has unlawfully property in question in cases where such
acquired property during his testimony is necessary to prove violations of this
incumbency. Act.
Section 4. Period for the answer. The Section 10.Effect of record of title.The fact that
respondent shall have a period of fifteen days any real property has been recorded in the
within which to present his answer. Registry of Property or office of the Register of
Section 5. Hearing. The Court shall set a date Deeds in the name of the respondent or of any
for a hearing, which may be open to the public, person mentioned in paragraphs (1) and (2) of
and during which the respondent shall be given subsection (b) of section one hereof shall not
ample opportunity to explain, to the satisfaction prevent the rendering of the judgment referred to
of the court, how he has acquired the property in in section six of this Act.
question. Section 11. Laws on prescription. The laws
Section 6. Judgment. If the respondent is concerning acquisitive prescription and limitation
unable to show to the satisfaction of the court of actions cannot be invoked by, nor shall they

272
benefit the respondent, in respect of any
property unlawfully acquired by him.
Section 12. Penalties. Any public officer or
employee who shall, after the effective date of
this Act, transfer or convey any unlawfully
acquired property shall be repressed with
imprisonment for a term not exceeding five
years, or a fine not exceeding ten thousand
pesos, or both such imprisonment and fine. The
same repression shall be imposed upon any
person who shall knowingly accept such transfer
or conveyance.
Section 13. Separability of provisions. If any
provision of this Act or the application thereof to
any person or circumstance, is held invalid, the
remainder of the Act and the application of such
provision to other persons or circumstances
shall not be affected thereby.
Section 14. Effective date. This Act shall take
effect on its approval, and shall apply not only to
property thereafter unlawfully acquired but also
to property unlawfully acquired before the
effective date of this Act.
Approved: June 18, 1955

Republic of the Philippines

Congress of the Philippines
Metro Manila
Twelfth Congress
Second Regular Session

Begun and held in Metro Manila, on Monday,
the twenty-second day of July, two thousand
two.

Republic Act No. 9184

January 10, 2003

AN ACT PROVIDING FOR THE
MODERNIZATION, STANDARIZATION AND
REGULATION OF THE PROCUREMENT
ACTIVITIES OF THE GOVERNMENT AND
FOR OTHER PURPOSES

273
Be it enacted by the Senate and Hose of of guaranteeing that these contracts are
Representatives of the Philippines in Congress awarded pursuant to the provisions of
assembled: this Act and its implementing rules and
regulations, and that all these contracts
ARTICLE 1
are performed strictly according to
GENERAL PROVISIONS
specifications.
Section 1. Short Title.- This act shall be known
Section 4. Scope and Application.- This act
as the " Government Procurement reform Act."
shall apply to the Procurement of Infrastructure
Section 2. Declaration of Policy.- It is the Projects, Goods and Consulting Services,
declared policy of the State to promote the regardless of source of funds, whether local of
ideals of good governance in all its branches, foreign, by all branches and instrumentalities of
departments, agencies, subdivisions, and government, its departments, offices and
instrumentalities, including government-owned agencies, including government-owned and/or-
and/or -controlled corporations and local controlled corporations and local government
government units. units, subject to the provisions of
Section 3.Governing Principles on Government Commonwealth Act No. 138. Any treaty or
Procurement. international or executive agreement affecting
the subject matter of this Act to which the
All procurement of the national government, its Philippine government is signatory shall be
departments, bureaus, offices and agencies, observed.
including state universities and colleges,
government -owned and/or-controlled Section 5.Definition of Terms.-For purposes of
corporations, government financial institutions this Act, the following terms or words and
and local government units, shall, in all cases, phrases shall mean or be understood as follows:
be governed by these principles: (a) Approved Budget for the Contract
(a) Transparency in the procurement (ABC) - refers to the budget for the
process and in the implementation of contract duly approved by the Head of
procurement contracts. the Procuring Entity, as provided for in
the General Appropriations Act and/or
(b) Competitiveness by extending equal continuing appropriations, in the
opportunity to enable private contracting National Government Agencies; the
parties who are eligible and qualified to Corporate Budget for the contract
participate in public bidding. approved by the governing Boards,
(c) Streamlined procurement process pursuant to E.O.No.518, series of 1979,
that will uniformly apply to all in the case of Government Financial
government procurement. The Institutions and State Universities and
procurement process shall simple and Colleges; and the Budget for the
made adaptable to advances in modern contract approved by the respective
technology in order to ensure an Sanggunian, in the case of Local
effective and efficient method. Government Units.
(d) System of accountability where both (b) BAC - refers to the Bids and Awards
the public officials directly or indirectly Committee established in accordance
involved in the procurement process as with Article V of this Act.
well as in the implementation of (c) Bidding Documents - refer to
procurement contracts and the private documents issued by the Procuring
parties that deal with government are, Entity as the basis for Bids, furnishing all
when warranted by circumstances, information necessary for a prospective
investigated and held liable for their bidder to prepare a bid for the Goods,
actions relative thereto. Infrastructure Projects, and Consulting
(e) Public monitoring of the procurement Services to be provided.
process and the implementation of (d) Bid - refers to signed offer or
awarded contracts with the end in view proposal submitted by a supplier,

274
manufacturer, distributor, contractor or (i) GPPB - refers to the Government
consultant in response to the Bidding Procurement Policy Board established
Documents. in accordance with Article X of this Act.
(e) Competitive Bidding - refers to a (j) Head of the Procuring Entity- refers
method of procurement which is open to to: (I) the head of the agency or his duly
participation by any interested party and a u t h o r i z e d o f fi c i a l , f o r n a t i o n a l
which consist of the following government agencies; (ii) the governing
processes: advertisement, pre-bid board or its duly authorized official, for
conference, eligibility screening of bids, government-owned and/or-controlled
evaluations of bids, post - qualification, corporations; or (iii) the local chief
and award of contract, the specific executive, for local government units.
requirements and mechanics of which Provided, That in a department, office or
shall be defined in the IRR to be agency where the procurement is
promulgated under this Act. decentralized, the Head of each
decentralized unit shall be considered
(f) Consulting Services - refer to
as the Head of the Procuring Entity
services for Infrastructure Projects and
subject to the limitations and authority
other types of projects or activities of the
delegated by the head of the
Government requiring adequate external
department, office or agency.
technical and professional experts that
are beyond the capability and/or (k) Infrastructure Projects - include the
capacity of the government to undertake construction, improvement,
such as, but not limited to: (I) advisory rehabilitation, demolition, repair,
and review services; (ii) pre investment restoration or maintenance of roads and
or feasibility studies; (iii) design; (iv) bridges, railways, airports, seaports,
construction supervision; (v) communication faci9lities, civil works
management and related services; and components of information technology
(vi) other technical services or special projects, irrigation, flood control and
studies. drainage, water supply, sanitation,
sewerage and solid waste management
(g) G - EPS - refers to the Government
systems, shore protection, energy/
Electronic Procurement System as
power and electrification facilities,
provided in Section 8 of this Act.
national buildings, school buildings and
(h) Goods - refer to all items, supplies, other related construction projects of the
materials and general support services, government.
except consulting services and
(l) IRR - refer to the implementing rules
infrastructure projects, which may be
and regulations to be promulgated in
needed in the transaction of the public
accordance with Section 75 of this Act.
businesses or in the pursuit of any
government undertaking, project or (m) Portal - refers to a website that
activity, whether in the nature of aggregates a wide variety of content for
e q u i p m e n t , f u r n i t u r e , s t a t i o n e r y, the purpose of attracting a large number
materials for construction, or personal of users.
property of any kind, including non - (n) Procurement - refers to the
personal or contractual services such as acquisition of Goods, Consulting
the repair and maintenance of Services, and the contracting for
equipment and furniture, as well as Infrastructure Projects by the Procuring
trucking, hauling, janitorial, security, and Entity. Procurement shall also include
related or analogous services, as well the lease of goods and real estate. With
as procurement of materials and respect to real property, its procurement
supplies provided by the procuring entity shall be governed by the provisions of
or such services. Republic Act No.8974, entitled "An Act
to Facilitate the Acquisition of Right-of -

275
 Way Site or Location of National Section 8. Procurement By Electronic Means.-
Government Infrastructure Projects and To promote transparency and efficiency,
for Other Purposes" and other information and communications technology
applicable laws, rules and regulations. shall be utilized in the conduct of procurement
procedures. Accordingly, there shall be single
(o) Procuring Entity - refers to any
portal that shall serve as the primary source of
branch, department, office, agency, or
information on all government procurement. The
instrumentality of the government,
G-EPS shall serve as the primary and definitive
including state universities and colleges,
source of information on government
government-owned and/or - controlled
procurement. Further, the GPPB is authorized to
corporations, government financial
approve changes in the procurement process to
institutions, and local government units
adapt to improvements in modern technology,
procuring Goods, Consulting Services
provided that such modifications are consistent
and Infrastructure Projects.
with provisions of Section 3 of this Act.
Section 6. Standardization of Procurement
To take advantage of the significant built-in-
Process and Forms.- To systematize the
efficiencies of the G-EPS and the volume
procurement process, avoid confusion and
discounts inherent in bulk purchasing, all
ensure transparency, the procurement process,
Procuring Entities shall utilize the G-EPS for the
including the forms to be used, shall be
procurement of common supplies in accordance
standardized insofar as practicable.
with the rules and procedures to be established
For this purpose, the GPPB shall pursue the by the GPPB. With regard to the procurement of
development of generic procurement manuals non-common use items, infrastructure projects
and standard bidding forms, the use of which and consulting services, agencies may hire
once issued shall be mandatory upon all service providers to undertake their electronic
Procuring Entities. procurement provided these service providers
ARTICLE II meet the minimum requirements set by the
PROCUREMENT PLANNING GPPB.

Section 7. Procurement Planning and S e c t i o n 9 . S e c u r i t y , I n t e g r i t y a n d

Budgeting Linkage- All procurement should be Confidentiality.- The G-EPS shall ensure the
within the approved budget of the Procuring security, integrity and confidentiality of
Entity and should be meticulously and documents submitted through the system. It
judiciously planned by the Procuring Entity shall include feature that provides for an audit
concerned. Consistent with government fiscal trail for on-line transactions and allow the
discipline measures, only those considered Commission on Audit to verify the security and
crucial to the efficient discharge of governmental integrity of the systems at any time.
functions shall be included in the Annual ARTICLE IV
Procurement Plan t o be specified in the IRR. COMPETITIVE BIDDING
No government Procurement shall be S e c t i o n 1 0 . C o m p e t i t i v e B i d d i n g . - A l l
undertaken unless it is in accordance with the Procurement shall be done through Competitive
approved Annual Procurement Plan of the Bidding, except as provided for in Article XVI of
Procuring Entity. The Annual Procurement Plan this Act.
shall be approved by the Head of the Procuring
ARTICLE V
Entity and must be consistent with its duly
BIDS AND AWARDS COMMITTEE
approved yearly budget. The Annual
Procurement Plan shall be formulated and Section 11. The BAC and its Composition.-
revised only in accordance with the guidelines Each procuring entity shall establish a single
set forth in the IRR. In the case of Infrastructure BAC for its procurement. The BAC shall have at
Projects, the Plan shall include engineering least five (5) members, but not more than seven
design and acquisition of right-of-way. (7) members. It shall be chaired by at least a
third ranking permanent official of the procuring
ARTICLE III
entity other than its head, and its composition
PROCUREMENT BY ELECTRONIC MEANS
shall be specified in the IRR. Alternatively, as

276
may be deemed fit by the head of the procuring Procuring Entity to the GPPB on a semestral
entity, there may be separate BACs where the basis. The contents and coverage of this report
number and complexity of the items to be shall be provided in the IRR.
procured shall so warrant. Similar BACs for Section 13. Observers.- To enhance the
decentralized and lower level offices may be transparency of the process, the BAC shall, in all
formed when deemed necessary by the head of stages of the procurement process, invite, in
the procuring entity. The numbers of the BAC addition to the representative of the Commission
shall be designated by the Head of Procuring on Audit, at least two(2) observers to sit in its
Entity. However, in no case shall the approving proceedings, one(1) from a duly recognized
authority be a member of the BAC. private group in a sector or discipline relevant to
Unless sooner removed for cause, the members the procurement at hand, and the other from a
of the BAC shall have a fixed term of one (1) non-government organization: Provided,
year reckoned from the date of appointment, however, That they do not have any direct or
renewable at the discretion of the Head of the indirect interest in the contract to be bid out. The
Procuring Entity. In case of resignation, observers should be duly registered with the
retirement, separation, transfer, re-assignment, Securities and Exchange Commission and
removal, the replacement shall serve only for the should meet the criteria for observers as set
unexpired term: Provided, That in case of leave forth in the IRR.
or suspension, the replacement shall serve only Section 14.BAC Secretariat.-To assist the BAC
for the duration of the leave or suspension. For in the conduct of its functions, the Head of the
justifiable causes, a member shall be suspended Procuring Entity shall create a Secretariat that
or removed by the Head of the Procuring Entity. will serve as the main support unit of the BAC.
Section 12. Functions of the BAC.- shall have The Head of the Procuring Entity may also
the following functions: advertise and/or post the designate an existing organic office within the
invitation to bid, conduct pre-procurement and agency to serve as the Secretariat.
pre-bid conferences, determine the eligibility of Section 15. Honoraria of BAC Members.- The
prospective bidders, receive bids, conduct the Procuring Entity may grant payment of honoraria
evaluation of bids, undertake post-qualification to the BAC members in an amount not to
proceedings, recommend award of contracts to exceed twenty five percent (25%) of their
the Head of the Procuring Entity of his duly respective basic monthly salary subject to
authorized representative: Provided, That in the availability of funds. For this purpose, the
event the Head of the Procuring shall Department of Budget and Management (DBM)
disapprove such recommendation, such shall promulgate the necessary guidelines.
disapproval shall be based only on valid,
reasonable and justifiable grounds to be Section 16. Professionalization of BAC, BAC
expressed in writing, copy furnished the BAC; Secretariat and Technical Working Group
recommend the imposition of sanctions in Members.- The GPPB shall establish a
accordance with Article XXIII, and perform such sustained training program for developing the
other related functions as may necessary, capacity of the BAC's, BAC Secretariats and
including the creation of a Technical Working technical Working Groups of Procuring Entities,
Group from a pool of technical, financial and/or and proffessionalize the same.
legal experts to assist in the procurement ARTICLE VI
process. PREPARATION OF BIDDING DOCUMENTS
In proper cases, the BAC shall also recommend Section 17. Form and Contents of Bidding
to the Head of the Procuring Entity the use of Documents.- The Bidding Documents shall be
Alternative Methods of Procurement as provided prepared by the Procuring Entity following the
for in Article XVI hereof. standard forms and manuals prescribed by the
The BAC shall be responsible for ensuring that GPPB. The Bidding Documents shall include the
the Procuring Entity abides by the standards set following:
forth by this Act and the IRR, and it shall prepare (a) Approved Budget for the Contract;
a procurement monitoring report that shall be
approved and submitted by the Head of the

277
 (b) Instructions to Bidders, including funds, as well as reviewing all relevant
criteria for eligibility, bid evaluation and documents and the draft Invitation to Bid, as well
post-qualification, as well as the date, as consultants hired by the agency concerned
time and place of the pre-bid and the representative of the end -user.
Conference (where applicable), Section 21. Advertising and Contents of the
submission of bids and opening of bids; Invitation to Bid. - In line with the principle of
(c) Terms of Reference; transparency and competitiveness, all Invitations
to Bid contracts under competitive bidding shall
(d) Eligibility Requirements;
be advertised by the Procuring Entity in such
(e) Plans and Technical Specifications; manner and for such length of time as may be
(f) Form of Bid, Price Form, and List of necessary under the circumstances, in order to
Goods or Bill of Quantities; ensure the widest possible dissemination
thereof, such as, but not limited to, posting in the
(g) Delivery Time or Completion Procuring Entity's premises, in newspapers of
Schedule; general circulation, the G-EPS and the website
(h) Form and Amount of Bid Security; of the Procuring Entity, if available. The details
and mechanics of implementation shall be
(i) Form and Amount of Performance
provided in the IRR to be promulgated under this
Security and Warranty; and,
Act.
(j) Form of Contract, and General and
The Invitation to Bid shall contain, among
special Conditions of Contract.
others:
The Procuring Entity may require additional
(a) A brief description of the subject
document requirements or specifications
matter of the Procurement;
necessary to complete the information required
for the bidders to prepare and submit their (b) A general statement on the criteria to
respective bids. be used by the Procuring entity for the
eligibility check, the short listing of
Section 18. Reference to Brand Names.-
prospective bidders, in the case of the
Specifications for the Procurement of Goods
Procurement of Consulting Services the
shall be based on relevant characteristics and/or
examination and evaluation of Bids, and
performance requirements. Reference to brand
post-qualification;
names shall not be allowed.
(c) The date, time and place of the
Section 19.Access to Information.-In all stages
deadlines for the submission and receipt
of the preparation of the Bidding Documents, the
of the eligibility requirements, the pre-
Procuring entity shall ensure equal access to
bid conference if any, the submission
information. Prior to their official release, no
and receipt of bids, and the opening of
aspect of the Bidding Documents shall be
bids;
divulged or released on any prospective bidder
or having direct or indirect interest in the project (d) The Approved Budget for the
to be procured. Contract to be bid;
ARTICLE VII (e) The source of funds;
INVITATION TO BID (f) The period of availability of the
Section 20. Pre-Procurement Conference. - Bidding Documents, and the place
Prior to the issuance of the Invitation to Bid, the where these may be secured and;
BAC is mandated to hold a pre-procurement (g) The contract duration; and
conference on each and every procurement,
except those contracts below a certain level or (h) Such other necessary information
amount specified in the IRR, in which case, the deemed relevant by the Procuring Entity.
holding of the same is optional. Section 22. Pre-bid Conference. - At least one
The pre- procurement conference shall assess pre-bid conference shall be conducted for each
the readiness of the procurement in terms of procurement, unless otherwise provided in the
confirming the certification of availability of IRR. Subject to the approval of the BAC, a pre-

278
bid conference may also be conducted upon the and the completeness and authenticity of the
written request of any prospective bidder. documents submitted.
The Pre-bid conference(s) shall be held within a The eligible prospective bidders shall then be
reasonable period before the deadline for receipt evaluated using numerical ratings on the basis
of the bids to allow prospective bidders to of the short listing requirements prescribed for
adequately prepare their bids, which shall be the Competitive Bidding concerned, within the
specified in the IRR. period stated in the Invitation to Bid to determine
the short list of bidders who shall be allowed to
ARTICLE VIII
submit their respective bids.
RECEIPT AND OPENING OF BIDS
Section 25.Submission and Receipt of Bids.-A
Section 23. Eligibility Requirements for the
bid shall have two(2) components, namely the
Procurement of Goods and Infrastructure
technical and financial components which
P r o j e c t s . - T h e B A C o r, u n d e r s p e c i a l
should be in separate sealed envelopes, and
circumstances specified in IRR, its duly
which shall be submitted simultaneously. The
designated organic office shall determine the
bids shall be received by the BAC on such date,
eligibility of prospective bidders for the
time and place specified in the invitation to bid.
procurement of Goods and Infrastructure
The deadline for the receipt of bids shall be fixed
Projects, based on the bidders' compliance with
by the BAC, giving the prospective bidders
the eligibility requirements within the period set
sufficient time to study and prepare their bids.
forth in the Invitation to Bid. The eligibility
The deadline shall also consider the urgency of
requirements shall provide for fair and equal
the procurement involved.
access to all prospective bidders. The
documents submitted in satisfaction of the Bids submitted after the deadline shall not be
eligibility requirements shall be made under oath accepted.
by the prospective bidder or by his duly Notwithstanding the provisions of this Section
authorized representative certifying to the and Section 26 of this Act, the GPPB may
correctness of the statements made and the prescribe innovative procedure for the
completeness and authenticity of the documents submission, receipt and opening of bids through
submitted. the G-EPS.
A prospective bidder may be allowed to summit Section 26. Modification and Withdrawal of
his eligibility requirement s electronically. Bids. - A bidder may modify his bid, provided
However, said bidder shall later on certify under that this is done before the deadline for the
oath as to correctness of the statements made receipt of bids. The modification shall be
and the completeness and authenticity of the submitted in a sealed envelope duly identified as
documents submitted. a modification of the original bid and stamped
Section 24. Eligibility requirements and Short received by the BAC.
Listing for Consulting Services.-The Eligibility of A bidder may, through a letter, withdraw his bid
prospective bidders for the Procurement of or express his intention not to participate in the
Consulting Services shall be determine by their bidding before the deadline for the receipt of
compliance with the eligibility requirements bids. In such case, he shall no longer be allowed
prescribed for the competitive Bidding to submit another Bid or the same contract
concerned, within the period stated in the either directly or indirectly.
Invitation to bid. The eligibility requirements shall
provide for fair and equal access to all Section 27. Bid Security. - All Bids shall be
prospective bidders. The prospective bidder accompanied by a Bid security, which shall
shall certify under oath as to the correctness of serve as guarantee that, after receipt of the
the statements made, and the completeness Notice of Award, the winning bidders shall enter
and authenticity of the documents submitted. into contract with the Procuring Entity within the
stipulated time and furnish the required
A prospective bidder may be allowed to submit performance security. The specific amounts and
his eligibility requirements electronically. allowable forms of the Bid security shall be
However, said bidder shall later on certify under prescribed in the IRR.
oath as to correctness of the statements made

279
Section 28. Bid Validity. - Bids and Bid terms of their corresponding calculated ratings.
securities shall be valid for such reasonable The Bid with the highest calculated rating shall
period of time indicated in the Bidding be the "Highest Rated Bid." After approved by
Documents. The duration for each undertaking the Head of the Procuring Entity of the Highest
shall take into account the time involved in the Rated Bid, the BAC shall invite the bidder
process of Bid evaluation and award of contract. concerned for negotiation and/or clarification on
the following item: financial proposal submitted
Section 29. Bid Opening. - the BAC shall
by the bidder, terms of reference, scope of
publicly open all bids at the time, date, and place
services, methodology and work program,
specified in the bidding documents. The minutes
personnel to be assigned to job, services/
of the bid opening shall be made available to the
facilities/data to be provided by the Procuring
public upon written request and payment of a
Entity concerned, and provisions of the contract.
specified fee.
When negotiations with first-in-rank bidder fails,
the financial proposal of the second rank bidder
shall opened for negotiations: Provided, that the
amount indicated in the financial envelope shall
ARTICLE IX be made as the basis for negotiations and the
BID EVALUATION total contract amount shall not exceed the
Section 30. Preliminary Examination of Bids. - amount indicated in the envelope and the ABC.
Prior to Bid evaluation, the BAC shall examine Whenever necessary, the same process shall be
first the technical components of the bids using repeated until the bid awarded to the winning
"pass/fail" criteria to determine whether all bidder.
required documents are present. Only bids that ARTICLE X
are determined to contain all the bid POST-QUALIFICATION
requirements of the technical component shall
be considered for opening and evaluation of Section 34. Objective and Process of Post-
their financial component. qualification. - Post-qualification is the stage
where the bidder with the Lowest Calculated
Section 31. Ceiling for Bid Prices. - The ABC Bid, in the case of Goods and Infrastructure
shall be the upper limit or ceiling for the Bid Projects, or the Highest Rated Bid, in the case of
prices. Bid prices that exceed this ceiling shall Consulting Services, undergoes verification and
be disqualified outright from further participating validation whether he has passed all the
in the bidding. There shall be no lower limit to requirements and conditions as specified in the
the amount of the award. Bidding Documents.
Section 32. Bid for the Procurement of Goods If the bidder with the Lowest Calculated Bid or
a n d I n f r a s t r u c t u r e P r o j e c t s . - F o r t h e Highest Rated Bid passes all the criteria for
procurement of Goods and Infrastructure post-qualification, his Bid shall be considered
Projects, the BAC shall evaluate the financial the "Lowest Calculated Responsive Bid," in the
component of the bids. The bids that passed the case of Goods and Infrastructure or the "Highest
preliminary examination shall be ranked from Rated Responsive Bid," in the case of
lowest to highest in terms of their corresponding Consulting Services. However, if a bidder fails to
calculated price shall be referred to as the meet any of the requirements or conditions, he
"Lowest Calculated Bid". shall be "post-disqualified" and the BAC shall
Section 33. Bid Evaluation of Short Listed conduct the post-qualification on the bidder with
Bidders for Consulting Services. - For the the second Lowest Calculate Bid or Highest
Procurement of Consulting Services, the Bids of Rated Bid. If the bidder with the second Lowest
the short listed bidders shall be evaluated and Calculated Bid or Highest Rated Bid is post-
ranked using numerical ratings in accordance disqualified, the same procedure shall be
with the evaluation criteria stated in the Bidding repeated until the Lowest Calculated
Documents, which shall include factors such as, Responsive Bid or Highest Rated Responsive
but not limited to, experience, performance, Bid is finally determined.
quality or personnel, price and methodology. The In all cases, the contract shall be awarded only
Bids shall be ranked from highest to lowest in to the bidder with the Lowest Calculated

280
Responsive Bid or Highest Rated Responsive ARTICLE XI
Bid. AWARD, IMPLEMENTATION AND
TERMINATION OF THE CONTRACT
Section 35.Failure of Bidding. -there shall be a
failure of bidding if: Section 37. Notice and Executive of Award. -
Within a period not exceeding fifteen (15)
a. No bids are received;
calendar days from the determination and
b. No bid qualifies as the Lowest declaration by the BAC of the Lowest Calculated
Calculated Responsive Bid; or, Responsive Bid or Highest Rated Responsive
c. Whenever the bidder with the highest Bid, and the recommendation of the award, the
rated/lowest calculated responsive bid Head of the Procuring Entity or his duly
refuses, without justifiable cause to authorized representative shall approve or
accept the award of contract, as the disapprove the said recommendation. In case of
case may be. approval, the Head of the Procuring Entity or his
duly authorized representative shall immediately
Under any of the above instances, the contract issue the Notice of Award to the bidder with the
shall be re-advertised and re-bid. The BAC shall Lowest Calculated Responsive Bid or Highest
observe the same process and set the new Rated Responsive Bid.
periods according to the same rules followed
during the first bidding. After the second failed Within ten (10) calendar days from receipt of the
bidding, however, the BAC may resort to Notice of Award, the Winning bidder shall
negotiated procurement as provided for in formally enter into contract with the Procuring
Section 53 of this Act. Entity. When further approval of higher authority
is required, the approving authority for the
Section 36. Single Calculate/Rated and contracts shall be given a maximum of twenty
Responsive Bid Submission. - A single (20) calendar days to approve or disapprove it.
calculated/rated and responsive bid shall be
considered for award if it falls under of the In the case of government-owned and/or -
following circumstances: controlled corporations, the concerned board
shall take action on the said recommendation
a. If after advertisement, only one within thirty (30) calendar days from receipt
prospective bidder submits a Letter of thereof.
Intent and/or applies for eligibility check,
and meets the eligibility requirements or The Procuring Entity shall issue the Notice to
criteria, after which it submits a bide, Proceed to the winning bidder not later than
which is found to be responsive to the seven (7) calendar days from the date of
bidding requirements; approval of the contract by the appropriate
authority. All notices called for by the terms of
b. If after the advertisement, more than the contract shall be effective only at the time of
one prospective bidder applies for receipt thereof by the contractor.
eligibility check, but only one bidder
meets the eligibility requirements or Section 38. Period of Action on Procurement
criteria, after which in submits a bid Activities. - The procurement process from the
which is found to be responsive to the opening of bids up to the award of contract shall
bidding requirements; or not exceed three (3) months, or a sho0rter
period to be determined by the procuring entity
c. If after the eligibility check, more than concerned. Without prejudice to the provisions
one bidder meets the eligibility of the preceding section, the different
requirements, but only one bidder procurement activities shall be completed within
submits a bid, and its bid is found to be reasonable periods to be specified in the IRR.
responsive to the bidding requirements.
If no action on the contract is taken by the head
In all instances, the Procuring Entity shall ensure of the procuring entity or by his duly authorized
that the ABC reflects the most advantageous representative, or by the concerned board, in the
prevailing price for the government. case of government-owned and/or -controlled
corporations, within the periods specified in the

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preceding paragraph, the contract concerned will not redound to the benefit of the
shall be deemed approved. government as defined in the IRR.
Section 39. Performing Security. - Prior to the Section 42. Contract Implementation and
signing of the contract, the winning bidder shall, Termination. - The rules and guidelines for the
as a measure of guarantee for the faithful implementation and termination of contracts
performance of an compliance with his awarded pursuant to the provisions of this Act
obligations under the contract prepared in shall be prescribed in the IRR. The rules and
accordance with the Bidding Documents, be guidelines shall include standard general and
required to post a performance security in such special conditions for contracts.
form and amount as specified in the Bidding ARTICLE XII
Documents. DOMESTIC AND FOREIGN PROCUREMENT
Section 40. Failure to Enter into Contract and Section 43. Procurement of Domestic and
Post Performance Security. - If, for justifiable Foreign Goods. - Consistent with the country's
causes, the bidder with the Lowest Calculated obligations under international treaties or
Responsive Bid or Highest Rated Responsive agreements, Goods may be obtained for
Bid fails, refuses or is otherwise unable to enter domestic or foreign sources and the
into contract with the Procuring Entity, or if the procurement thereof shall be open to all eligible
bidder fails to post the required performance suppliers, manufacturers and distributors.
security within the period stipulated in the However, in the interest of availability, efficiency
Bidding Documents, the BAC shall disqualify the and timely delivery of Goods, the Procuring
said bidder and shall undertake post- Entity may give preference to the purchase of
qualification for the next-ranked Lowest domestically-produced and manufacturer goods,
Calculated Bid or Highest Rated Bid. This supplies and materials that meet the specified or
procedure shall be repeated until an award is desired quality.
made. However, if no award is possible, the
contract shall be subjected to a new bidding. ARTICLE XIII
BIDDING OF PROVINCIAL PROJECTS
In the case of a failure to post the required
performance security, the bid security shall be Section 44. Bidding of Provincial Projects. -
forfeited without prejudice to the imposition of Priority programs and infrastructure projects
sanctions prescribed under Article XXIII. funded out of the annual General Appropriations
Act which are intended for implementation within
Section 41.Reservation Clause. -The Head of the province shall be subject to the same public
the Agency reserves the right to reject any and bidding and to the procurement processes
all Bids, declare a failure of bidding, or not prescribed under this Act. For purposes of this
award the contract in the following situations: Article, Engineering District civil works projects,
a. If there is prima facie evidence of subject to consultation with the concerned
collusion between appropriate public Members of Congress, are included and
officers or employees of the Procuring subsumed in the term "provincial projects" and
Entity, or between the BAC and any of shall be governed by this Section and Section
the bidders, or if the collusion is 45 hereof.
between or among the bidders Section 45. Provincial Bidders. - Within five (5)
themselves, or between a bidder and a years from the effectivity of this Act, contractor
third party, including any act which who participates in the bidding of provincial
restricts, suppresses or nullifies or tends priority programs and infrastructure projects,
to restrict, suppress or nullify whose principal office is within the same
competition; province, and who submits the lowest bid among
b. If the BAC is found to have failed in the provincial bidders which is higher than the
following the prescribed bidding lowest bid made by a contractor with principal
procedures; or office outside the said province shall be granted
the privilege to match the bid made by the latter:
c. For any justifiable and reasonable
Provided, however, That the release of funds for
ground where the award of the contract
said projects shall be published in a local

282
newspaper with the widest circulation and the because the supplier is simply asked to
website of the DBM, the mechanisms of which submit a price quotation or a pro-forma
shall be spelled-out in the IRR. voice together with the conditions of
sale, which offer may be accepted
ARTICLE XIV
immediately or after some negotiations;
LEASE OF COMPUTERS,
COMMUNICATIONS, INFORMATION AND c. Repeat Order. - a method of
OTHER EQUIPMENT Procurement that involves a direct
Procurement of Goods from the
Section 46. Lease Contracts. - Lease of
previous winning bidder, whenever there
construction and office equipment, including
is a need to replenish Goods procured
computers, communication and information
under a contract previously awarded
technology equipment are subject to the same
through Competitive Bidding;
public bidding and to the processes prescribed
under this Act. d.Shopping -a method of Procurement
whereby the Procuring Entity simply
ARTICLE XV
requests for the submission of price
DISCLOSURE OF RELATIONS
quotations for readily available off-the-
Section 47.Disclosure of Relations. -In addition shelf Goods or ordinary/regular
to the proposed contents of the Invitation to Bid equipment to be procured directly from
as mentioned under Section 21 of this Act, all suppliers of known qualification; or
bidding documents shall be accompanied by a
e. Negotiated Procurement - a method
sworn affidavit of the bidder that he or she or
of Procurement that may be resorted
any officer of their corporation in not related to
under the extraordinary circumstances
the Head of the Procuring Entity by
provided for in Section 53 of this Act and
consanguinity or affinity up to the third civil
other instances that shall be specified in
degree. Failure to comply with the
the IRR, whereby the Procuring Entity
aforementioned provision shall be a ground for
directly negotiates a contract with a
the automatic disqualification of the bid in
technically, legally and financially
consonance with Section30 of this Act.
c a p a b l e s u p p l i e r, c o n t r a c t o r o r
ARTICLE XVI consultant.
ALTERNATIVE METHODS OF
In all instances, the Procuring Entity shall ensure
PROCUREMENT
that the most advantageous price for the
Section 48. Alternative Methods. - Subject to government is obtained.
the prior approval of the Head of the Procuring
Section 49. Limited Source Bidding. - Limited
Entity or his duly authorized representative, and
Source Bidding may be resorted to only in any of
whenever justified by the conditions provided in
the following conditions:
this Act, the Procuring Entity may, in order to
promote economy and efficiency, resort to any of a. Procurement of highly specialized
the following alternative methods of types of Goods and Consulting Services
Procurement: which are known to be obtainable only
from a limited number of sources; or
a. Limited Source Bidding, otherwise
known as Selective Bidding - a method b. Procurement of major plant
of Procurement that involves direct components where it is deemed
invitation to bid by the Procuring Entity advantageous to limit the bidding to
from a set of pre-selected suppliers or known eligible bidders in order to
consultants with known experience and maintain an optimum and uniform level
proven capability relative to the of quality and performance of the plant
requirements of a particular contract; as a whole.
b. Direct Contracting, otherwise known Section 50. Direct Contracting. - Direct
as Single Source Procurement - a Contracting may be resorted to only in any of the
method of Procurement that does not following conditions:
require elaborate Bidding Documents

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 a. Procurement of Goods of propriety b. Procurement of ordinary or regular
nature, which can be obtained only from office supplies and equipment not
the propriety source, i.e. when patents, available in the Procurement Service
trade secrets and copyrights prohibit involving an amount not exceeding Two
others from manufacturing the same h u n d r e d fi f t y t h o u s a n d p e s o s
items; (P250,000): Provided, however, That the
Procurement does not result in Splitting
b. When the Procurement of critical
of Contracts: Provided, further, That at
c o m p o n e n t s f r o m a s p e c i fi c
least three (3) price quotations from
manufacturer, supplier, or distributor is a
bona fide suppliers shall be obtained.
condition precedent to hold a contractor
to guarantee its project performance, in The above amounts shall be subject to a period
accordance with the provisions his review by the GPPB. For this purpose, the
contract; or, GPPB shall be authorized to increase or
decrease the said amount in order to reflect
c. Those sold by an exclusive dealer or
changes in economic conditions and for other
manufacturer, which does not have sub-
justifiable reasons.
dealers selling at lower prices and for
which no suitable substitute can be Section 53. Negotiated Procurement. -
obtained at more advantageous terms to Negotiated Procurement shall be allowed only
the government. in the following instances:
Section 51.Repeat Order. -When provided for a. In case of two (2) failed bidding as
in the Annual Procurement Plan, Repeat Order provided in Section 35 hereof;
may be allowed wherein the Procuring Entity b. In case of imminent danger to life or
directly procures Goods from the previous property during a state of calamity, or
winning bidder whenever there arises a need to when time is of the essence arising from
replenish goods procured under a contract natural or man-made calamities or other
previously awarded through Competitive causes where immediate action is
Bidding, subject to post-qualification process necessary to prevent damage to or loss
prescribed in the Bidding Documents and of life or property, or to restore vital
provided all the following conditions are present: public services, infrastructure facilities
a. The unit price must be equal to or and other public utilities;
lower than that provided in the original c. Take-over of contracts, which have
contract; been rescinded or terminated for causes
b. The repeat order does not result in provided for in the contract and existing
splitting of requisitions or purchase laws, where immediate action is
orders; necessary to prevent damage to or loss
of life or property, or to restore vital
c. Except in special circumstances
public services, infrastructure facilities
defined in the IRR the repeat order shall
and other public utilities;
be availed of only within six (6) months
from the date of the Notice to Proceed d. Where the subject contract is
arising from the original contract; and, adjacent or contiguous to an on-going
infrastructure project, as defined in the
d. The repeat order shall not exceed
IRR: Provided, however, That the
twenty-five percent (25%) of the quantity
original contract is the result of a
of each item of the original contract.
Competitive Bidding; the subject
Section 52. Shopping. - shopping may be contract to be negotiated has similar or
resorted to under any of the following instances: related scopes of work; it is within the
a. When there is an unforeseen contracting capacity of the contractor;
contingency requiring immediate the contractor uses the same prices or
purchase: Provided, however, That the lower unit prices as in the original
amount shall not exceed Fifty thousand contract less mobilization cost; the
pesos (P50,000); or amount involved does not exceed the

284
 amount of the ongoing project; and, the shall have been completed. Cases that are filed
contractor has no negative slippage: in violation of the process specified in this Article
Provided, further, That negotiations for shall be dismissed for lack of jurisdiction. The
the procurement are commenced before regional trial court shall have jurisdiction over
the expiry of the original contract. final decision of the head of the procuring entity.
Wherever applicable, the principle shall Court actions shall be governed by Rule 65 of
also govern consultancy contract, where the 1997 Rules of Civil Procedure.
the consultants have unique experience This provision is without prejudice to any law
and expertise to deliver the required conferring on the Supreme court the sole
service; or, jurisdiction to issue temporary restraining orders
e. Subject to the guidelines specified in and injunctions relating to Infrastructure Projects
the IRR, purchases of Goods from of Government.
another agency of the government, such ARTICLE XVIII
as the Procurement Service of the DBM, SETTLEMENT OF DISPUTES
which is tasked with a centralized
procurement of commonly used Goods Section 59. Arbitration. - Any and all disputes
for the government in accordance with arising from the implementation of a contract
Letters of Instruction No. 755 and covered by this Act shall be submitted to
Executive Order No. 359, series of arbitration in the Philippines according to the
1989. provisions of Republic Act No. 876, otherwise
known as the "Arbitration Law": Provided,
Section 54.Terms and Conditions for the use of however, That, disputes that are within the
Alternative Methods. - The specific terms and competence of the Construction Industry
conditions, including the limitations and Arbitration Commission to resolve shall be
restrictions, for the application of each of the referred thereto. The process of arbitration shall
alternative methods mentioned in this Article be incorporated as a provision in the contract
shall be specified in the IRR. that will be executed pursuant to the provisions
ARTICLE XVII of this Act: Provided, That by mutual agreement,
PROTEST MECHANISM the parties may agree in writing to resort to
alternative modes of dispute resolution.
Section 55.Protests on Decisions of the BAC.-
Decisions of the BAC in all stages of Section 60. Appeals. - The arbitral award and
procurement may be protested to the head of any decision rendered in accordance with the
the procuring entity and shall be in writing. foregoing Section shall be appealable by way of
Decisions of the BAC may be protested by filing a petition for review to the Court of Appeals. The
a verified position paper and paying a non- petition shall raise pure questions of law and
refundable protest fee. The amount of the shall be governed by the Rule of Court.
protest fee and the periods during which the ARTICLE XIX
protests may be filed and resolved shall be CONTRACT PRICES AND WARRANTIES
specified in the IRR.
Section 61. Contract Prices. - For the given
Section 56.Resolution of Protests. -The protest scope of work in the contract as awarded, all bid
shall be resolved strictly on the basis of records prices shall be considered as fixed prices, and
of the BAC. Up to a certain amount to be therefore not subject to price escalation during
specified in the IRR, the decisions of the Head contract i mpl ementati on, except un d er
of the Procuring Entity shall be final. extraordinary circumstances and upon prior
Section 57. Non-interruption of the Bidding approval of the GPPB.
Process.- In no case shall any protest taken For purposes of this Section, "extraordinary
from any decision treated in this Article stay or circumstances" shall refer to events that may be
delay the bidding process. Protests must first be determined by the National Economic and
resolved before any award is made. Development Authority in accordance with the
Section 58. Report to Regular Courts; Civil Code of the Philippines, and upon the
Certiorari.-Court action may be resorted to only recommendation of the procuring entity
after the protests contemplated in this Article concerned.

285
Section 62.Warranty. -(a) For the procurement Any contractor who fails to comply with the
of Goods, in order to assure that manufacturing preceding paragraphs shall suffer perpetual
defects shall be corrected by the supplier, disqualification from participating in any public
manufacturer, or distributor, as the case maybe, bidding and his property or properties shall be
for a specific time after performance of the subject to attachment or garnishment
contract, a warranty shall be required from the proceedings to recover the costs. All payables of
contract awardee for such period of time as may government in his favor shall be offset to recover
be provided in the IRR, the obligation for which the costs.
shall be covered by either retention money in the ARTICLE XX
amount equivalent to a percentage of every THE GOVERNMENT PROCUREMENT POLICY
progress payment, or a special bank guarantee BOARD
equivalent to a percentage of the total contract
price, to be provided in the IRR. The said Section 63. Organization and Functions. - A
amounts shall only be released after the lapse of Government Procurement Policy Board (GPPB)
the warranty period, provided that the Goods is hereby established to: (a.) protect national
supplied are free from defects and all the interest in all matters affecting public
conditions imposed under the contract have Procurement, having due regard to the country's
been fully met. regional and international obligations; (b.)
formulate and amend, whenever necessary, the
b. For the procurement of infrastructure IRR and the corresponding standard forms for
projects, the contractor shall assume full Procurement; (c) ensure that Procuring Entities
responsibility for the contract work from regularly conduct Procurement training
the time project construction programs and prepare a Procurement
commenced up to a reasonable period operations manual for all offices and agencies of
as defined in the IRR taking into government; and (d) conduct an annual review
consideration the scale and coverage of of the effectiveness of this Act and recommend
the project from its final acceptance by any amendments thereto, as may be necessary.
the government and shall be held
responsible for any damage or The GPPB shall convene within fifteen (15) days
construction or works except those from the effectivity of this Act formulate the IRR
occasioned by force majeure. The and for other related purposes. The GPPB shall
contractor shall be fully responsible for be supported by a technical support office.
the safety, protection, security, and In addition to the powers granted under this Act,
convenience of his personnel, third the GPPB shall absorb all the powers, function
parties, and the public large, as well as and responsibilities of the Procurement Policy
the works, equipment, installation and Board created under Executive Order No. 359,
the like to be affected by his series of 1989. All affected functions of the
construction work and shall be required Infrastructure Committee of the National
to put up a warranty security in the form Economic and Development Authority Board are
of cash, bank guarantee, letter of credit, hereby transferred to the GPPB.
Government Service Insurance System
bond, or callable surety bond. Section 64. Membership. - The GPPB shall be
composed of the Secretary of the Department of
The contractor shall undertake the repair works, Budget and Management, as Chairman, the
at his own expense, of any defect or damage to Director-General of the National Economic and
the infrastructure projects on account of the use Development Authority, as Alternate Chairman,
of materials of inferior quality within ninety (90) with the following as Members; the Secretaries
days from the time the Head of the Procuring of the Departments of Public Works and
Entity has issued an order to undertake repair. In Highways, Finance, Trade and Industry, Health,
case of failure or refusal to comply with this National Defense, Education, Interior and Local
mandate, the governments shall undertake such G o v e r n m e n t , S c i e n c e a n d Te c h n o l o g y,
repair works and shall be entitle to full Transportation and Communications, and
reimbursement of expenses incurred therein Energy, or their duly authorized representatives
upon demand. and a representative from the private sector to

286
be appointed by the President upon the When any of the foregoing acts is done
recommendation of the GPPB. The GPPB may in collusion with private individuals, the
invite a representative from the Commission on private individuals shall likewise be
Audit to serve as a resource person. liable for the offense.
ARTICLE XXI In addition, the public officer involved
PENAL CLAUSE shall also suffer the penalty of temporary
disqualification from public office, while
Section 65. Offenses and Penalties. - (a)
the private individual shall be
Without prejudice to the provisions of Republic
p e r m a n e n t l y d i s q u a l i fi e d f r o m
Act No. 3019, otherwise known as the "Anti-
transacting business with the
Graft and Corrupt Practice Act" and other penal
government.
laws, public officers who commit any of the
following acts shall suffer the penalty of (b) Private individuals who commit any
imprisonment of not less than six (6) years and of the following acts, including any
one (1) day, but not more than fifteen (15) years: public officer, who conspires with them,
shall suffer the penalty of imprisonment
1. Open any sealed Bid
of not less than six (6) years and one (1)
including but not limited to Bids
day but not more than fifteen (15) years:
that may have been submitted
through the electronic system 1. When two or more bidders
and any and all documents agree and submit different Bids
required to be sealed or as if they were bona fide, when
divulging their contents, prior to they knew that one or more of
the appointed time for the public them was so much higher than
opening of Bids or other the other that it could not be
documents. honestly accepted and that the
contract will surely be awarded
2. Delaying, without justifiable
to the pre-arranged lowest Bid.
cause, the screening for
eligibility, opening of bids, 2. When a bidder maliciously
evaluation and post evaluation submits different Bids through
of bids, and awarding of two or more persons,
contracts beyond the prescribed corporations, partnerships or
periods of Bids or other any other business entity in
documents. which he has interest of create
the appearance of competition
3. Unduly influencing or exerting
that does not in fact exist so as
undue pressure on any member
to be adjudged as the winning
of the BAC or any officer or
bidder.
employee of the procuring entity
to take a particular bidder. 3. When two or more bidders
enter into an agreement which
4. Splitting of contracts which
call upon one to refrain from
exceed procedural purchase
bidding for Procurement
limits and competitive bidding.
contracts, or which call for
5. When the head of the agency withdrawal of bids already
abuses the exercise of his submitted, or which are
power to reject any and all bids otherwise intended to secure as
as mentioned under Section 41 undue advantage to any one of
of this Act with manifest them.
preference to any bidder who is
4. When a bidder, by himself or
closely related to him in
in connivance with others,
accordance with Section 47 of
employ schemes which tend to
this Act.
restrain the natural rivalry of the
parties or operates to stifle or

287
 suppress competition and thus preparatory to the final award of
produce a result the contract.
disadvantageous to the public. (d) When the bidder is a juridical entity,
In addition, the persons involved shall criminal liability and the accessory
also suffer the penalty of temporary or penalties shall be imposed on its
perpetual disqualification from public directors, officers or employees who
office and be permanently disqualified actually commit any of the foregoing
from transacting business with the acts.
government. Section 66. Jurisdiction. - Jurisdiction over the
(c) Private individuals who commit any offenses defined under this Article shall belong
of the following acts, and any public to the appropriate courts, according to laws
officer conspiring with them, shall suffer existing at the time of the commission of the
the penalty of imprisonment of not less offenses.
than six (6) years and one (1) day but ARTICLE XXII
more than fifteen (15) years: CIVIL LIABILITY
1. Submit eligibility requirements Section 67.Civil Liability in Case of Conviction.
of whatever kind and nature that - Without prejudice to administrative sanctions
contain false information or that may be imposed in proper cases, a
falsified documents calculated conviction under this Act or Republic Act No.
to influence the outcome of the 3019 shall carry with it civil liability, which may
eligibility screening process or either consist of restitution for the damage done
conceal such information in the or the forfeiture in favor of the government of
eligibility requirements when the any unwarranted benefit derived from the act or
information will lead to a acts in question or both, at the discretion of the
declaration of ineligibility from courts.
participating in public bidding.
Section 68.Liquidated Damages. -All contracts
2. Submit Bidding Documents of executed in accordance with this Act shall
whatever kind and nature than contain a provision on liquidated damages which
contain false information or shall be payable in case of breach thereof. The
falsified documents or conceal amount thereof shall be specified in the IRR.
such information in the Bidding
Documents, in order to influence ARTICLE XXIII
the outcome of the public ADMINISTRATIVE SANCTIONS
bidding. Section 69. Imposition of Administrative
3. Participate in a public bidding Penalties. - (a) In addition to the provisions of
using the name of another or Articles XXI and XXII of this Act, the Head of the
allow another to use one's name Procuring Entity, subject to the authority
for the purpose of participating delegated to the BAC, if any, shall impose on
in a public bidding. bidders or prospective bidders, the
administrative penalty of suspension for one (1)
4. Withdraw a Bid, after it shall years for the first offense, and suspensions of
have qualified as the Lowest two (2) years for the second offense from
Calculated Bid/Highest Rated participating in the public bidding process, for
Bid, or to accept and award, the following violations:
without just cause or for the
purpose of forcing the Procuring 1. Submission of eligibility
Entity to award the contract to requirements containing false
another bidder. This shall i n f o r m a t i o n o r f a l s i fi e d
include the non-submission of documents.
requirements such as, but not 2. Submission of bids that
limited to, performance security, contain false information or
falsified documents, or the

288
 concealment of such information reasons or prima facie evidence showing that
in the Bids in order to influence the officials or employees concerned are guilty
the outcome of eligibility or the charges filed against them under Articles
screening or any other stage of XXI and XXII of this Act or for dishonesty as
the public bidding. defined by the Civil Service Laws. In all cases,
procedural and substantive due process as
3. Allowing the use of one's
mandated by the Constitution and Civil Service
name, or using the name of
Laws, rules and regulations, shall be strictly
another for purposes of public
observed.
bidding.
Section 71.Lifting of Suspension and Removal
4. Withdrawal of a Bid, or
of Administrative Disabilities. - Lifting of
refusal to accept an award, or
preventive suspension pending administrative
enter into contract with the
investigation, as well as removal of
government without justifiable
administrative investigation, as well as removal
cause, after he had been
of administrative penalties and disabilities shall
adjudged as having submitted
be in accordance with the provisions of Sections
the Lowest Calculated
52 and 53, Chapter 6 (Civil Service
Responsive Bid or Highest
Commission), Book V of Executive Order No.
Rated Responsive Bid.
292, the Administrative Code of 1987.
5. Refusal or failure to post the
require performance security
within the prescribed time. ARTICLE XXIV
LEGAL ASSISTANCE AND INDEMNIFICATION
6. Termination of the contract
OF BAC MEMBERS
due to the default of the bidder.
Section 72. Private Legal Assistance. - All the
Refusal to clarify or validate in
members of the BAC are hereby authorized to
writing its Bid during post-
engage the service of private lawyers or extend
qualification within a period of
counsel immediately upon receipt of Court
seven (7) calendar days from
Notice that a civil or criminal action, suit or
receipt of the request for
proceeding is filed against them. The lawyer's
clarification.
fee shall be part of the indemnification package
Any documented unsolicited for the BAC members, subject to the provisions
attempt by a bidder to unduly of Section 73 hereof.
influence the outcome of the
Section 73.Indemnification of BAC Members. -
bidding in his favor.
The GPPB shall establish an equitable
All other acts that tend to defeat indemnification package for public officials
the purpose of the Competitive providing services in the BAC, which may be in
bidding. the form of free legal assistance, liability
(b) In addition to the penalty of insurance, and other forms of protection and
suspension, the Bid security of the indemnification for all cost and expenses
performance security posted by the reasonably incurred by such persons in
concerned bidder or prospective bidder connection with any civil or criminal actions, suit
shall also be forfeited. or proceeding to which they may be, or have
been made, a party by reason of the
(c) the Head of the Procuring Entity may performance of their functions or duties, unless
delegate to the BAC the authority to they are finally adjudged in such action or
impose the aforementioned proceeding to be liable for gross negligence or
administrative penalties. misconduct or grave abuse of discretion.
Section 70.Preventive Suspension. -The head In the event of settlement or compromise,
of the procuring entity may preventively suspend indemnification shall be confined only on matters
any member of the Technical Working Group of covered by the settlement, as to which the
the Secretariat, or the BAC if there are strong Procuring Entity had been advised by countset

289
that the public officials to be indemnified have and Guidelines and the Procurement of Goods/
not committed gross negligence or misconduct Supplies by the National Government";
in the performance of their functions and duties. Executive Order No. 302, series of 1996, entitled
"Providing Policies, Guidelines, Rules and
The members of the BAC and the BAC
Regulations for the Procurement of Goods/
Secretariat shall also be entitled to medical
Supplies by the National Government" and
assistance for injuries incurred in the
Presidential Decree No. 1594 dated June
performance of their functions.
11,1978, entitled "Prescribing Policies,
ARTICLE XXV Guidelines, Rule and regulations for
FINAL PROVISIONS Government Infrastructure Contracts." This law
Section 74. Oversight Committee. - There is amends Title Six, Book Two of Republic Act No.
hereby created a Joint Congressional Oversight 7160, otherwise known as the "Local
Committee to oversee the implementation of this Government Code of 1991"; the relevant
Act for a period not exceeding five (5) years provisions of Executive Order No.164, series of
from the effectivity of this Act. The Committee 1987, entitled " An Act Providing Additional
shall be composed of the Chairman of the Guidelines in the processing and Approval of
Senate Committee on Constitutional Contracts of the Government"; and the relevant
Amendments and Revision of Laws and two (2) provisions of Republic Act No. 7898 dated
members thereof appointed by the Senate February 23, 1995, entitled "An Act Providing for
President, and the Chairman of the House the Modernization of the Armed Forces of the
Committee on Appropriations, and two(2) thereof Philippines and other Purposes." Any other law,
to be appointed by the Speaker of the House of presidential decree or issuance, executive order,
Representatives. letter of instruction, administrative order,
proclamation, charter, rule or regulation and/or
S e c t i o n 7 5 . I m p l e m e n t i n g R u l e s a n d parts thereof contrary to or inconsistent with the
Regulations and Standard Forms. - Within sixty provisions of this Act, hereby repealed, modified
(60) days from the promulgation of this Act, the or amended accordingly.
necessary rules and regulations for the proper
implementation of its provisions shall be Section 77. Separability Clause. - If any
formulated by the GPPB, jointly with the provision of this Act is declared invalid or
members of the Oversight Committee created unconstitutional, the other provisions not
under Section 74 hereof. The said rules and affected thereby shall remain valid and
regulations shall be approved by the President subsisting.
of the Philippines. For a period not later than Section 78. Effectivity Clause. - This Act shall
thirty (30) days upon the approval of the take effect fifteen (150) days following its
implementing rules and regulations the standard publication in the Officials Gazette or in two (2)
forms for Procurement shall be formulated and newspapers of general circulation.
approved.
Section 76. Repealing Clause. - This law
repeals Executive Order No. 40, series of 2001,
entitled "Consolidating Procurement Rules and
Procedures for all National Government
Agencies, Government-Owned-or-Controlled
Corporations and/or Government Financial
Institutions, and requiring the Use of the
Government Electronic Procurement System";
Executive Order No.262, series of 2000, entitled
"Amending Executive Order No.302, series of
1996, entitled "Providing Policies, Guidelines,
Rules and Regulations for the Procurement of
Goods/Supplies by the National Government'
and Section 3 of Executive Order No.201, series
of 2000, entitled "Providing Additional Policies

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 constituting a violation of rules and
regulations duly promulgated by
competent authority or an offense in
REPUBLIC ACT No. 3019 connection with the official duties of the
latter, or allowing himself to be
ANTI-GRAFT AND CORRUPT PRACTICES persuaded, induced, or influenced to
ACT commit such violation or offense.
Section 1.Statement of policy.It is the policy of (b) Directly or indirectly requesting or
the Philippine Government, in line with the receiving any gift, present, share,
principle that a public office is a public trust, to percentage, or benefit, for himself or for
repress certain acts of public officers and private any other person, in connection with any
persons alike which constitute graft or corrupt contract or transaction between the
practices or which may lead thereto. Government and any other part, wherein
Section 2. Definition of terms. As used in this the public officer in his official capacity
Act, that term has to intervene under the law.
(a) "Government" includes the national (c) Directly or indirectly requesting or
government, the local governments, the receiving any gift, present or other
government-owned and government- pecuniary or material benefit, for himself
controlled corporations, and all other or for another, from any person for
instrumentalities or agencies of the whom the public officer, in any manner
Republic of the Philippines and their or capacity, has secured or obtained, or
branches. will secure or obtain, any Government
permit or license, in consideration for
(b) "Public officer" includes elective and
the help given or to be given, without
appointive officials and employees,
prejudice to Section thirteen of this Act.
permanent or temporary, whether in the
classified or unclassified or exempt (d) Accepting or having any member of
service receiving compensation, even his family accept employment in a
nominal, from the government as private enterprise which has pending
defined in the preceding subparagraph. official business with him during the
pendency thereof or within one year
(c) "Receiving any gift" includes the act
after its termination.
of accepting directly or indirectly a gift
from a person other than a member of (e) Causing any undue injury to any
the public officer's immediate family, in party, including the Government, or
behalf of himself or of any member of giving any private party any
his family or relative within the fourth unwarranted benefits, advantage or
civil degree, either by consanguinity or preference in the discharge of his official
affinity, even on the occasion of a family administrative or judicial functions
celebration or national festivity like through manifest partiality, evident bad
Christmas, if the value of the gift is faith or gross inexcusable negligence.
under the circumstances manifestly This provision shall apply to officers and
excessive. employees of offices or government
corporations charged with the grant of
(d) "Person" includes natural and
licenses or permits or other
juridical persons, unless the context
concessions.
indicates otherwise.
(f) Neglecting or refusing, after due
Section 3.Corrupt practices of public officers.In
demand or request, without sufficient
addition to acts or omissions of public officers
justification, to act within a reasonable
already penalized by existing law, the following
time on any matter pending before him
shall constitute corrupt practices of any public
for the purpose of obtaining, directly or
officer and are hereby declared to be unlawful:
indirectly, from any person interested in
(a) Persuading, inducing or influencing the matter some pecuniary or material
another public officer to perform an act

291
 benefit or advantage, or for the purpose to the public officer the employment mentioned
of favoring his own interest or giving in subparagraph (d); or urging the divulging or
undue advantage in favor of or untimely release of the confidential information
discriminating against any other referred to in subparagraph (k) of this section
interested party. shall, together with the offending public officer,
be punished under Section nine of this Act and
(g) Entering, on behalf of the
shall be permanently or temporarily disqualified
Government, into any contract or
in the discretion of the Court, from transacting
transaction manifestly and grossly
business in any form with the Government.
disadvantageous to the same, whether
or not the public officer profited or will Section 4.Prohibition on private individuals.(a)
profit thereby. It shall be unlawful for any person having family
or close personal relation with any public official
(h) Director or indirectly having financing
to capitalize or exploit or take advantage of such
or pecuniary interest in any business,
family or close personal relation by directly or
contract or transaction in connection
indirectly requesting or receiving any present,
with which he intervenes or takes part in
gift or material or pecuniary advantage from any
his official capacity, or in which he is
other person having some business, transaction,
prohibited by the Constitution or by any
application, request or contract with the
law from having any interest.
government, in which such public official has to
(i) Directly or indirectly becoming intervene. Family relation shall include the
interested, for personal gain, or having a spouse or relatives by consanguinity or affinity in
material interest in any transaction or the third civil degree. The word "close personal
act requiring the approval of a board, relation" shall include close personal friendship,
panel or group of which he is a member, social and fraternal connections, and
and which exercises discretion in such professional employment all giving rise to
approval, even if he votes against the intimacy which assures free access to such
same or does not participate in the public officer.
action of the board, committee, panel or
(b) It shall be unlawful for any person
group.
knowingly to induce or cause any public
Interest for personal gain shall be official to commit any of the offenses
presumed against those public officers defined in Section 3 hereof.
responsible for the approval of
Section 5. Prohibition on certain relatives. It
manifestly unlawful, inequitable, or
shall be unlawful for the spouse or for any
irregular transaction or acts by the
relative, by consanguinity or affinity, within the
board, panel or group to which they
third civil degree, of the President of the
belong.
P h i l i p p i n e s , t h e Vi c e - P r e s i d e n t o f t h e
(j) Knowingly approving or granting any Philippines, the President of the Senate, or the
license, permit, privilege or benefit in Speaker of the House of Representatives, to
favor of any person not qualified for or intervene, directly or indirectly, in any business,
not legally entitled to such license, transaction, contract or application with the
permit, privilege or advantage, or of a Government: Provided, That this section shall
mere representative or dummy of one not apply to any person who, prior to the
who is not so qualified or entitled. assumption of office of any of the above officials
(k) Divulging valuable information of a to whom he is related, has been already dealing
confidential character, acquired by his with the Government along the same line of
office or by him on account of his official business, nor to any transaction, contract or
position to unauthorized persons, or application already existing or pending at the
releasing such information in advance of time of such assumption of public office, nor to
its authorized release date. any application filed by him the approval of
which is not discretionary on the part of the
The person giving the gift, present, share, official or officials concerned but depends upon
p e r c e n t a g e o r b e n e fi t r e f e r r e d t o i n compliance with requisites provided by law, or
subparagraphs (b) and (c); or offering or giving

292
rules or regulations issued pursuant to law, nor Republic Act Numbered One thousand three
to any act lawfully performed in an official hundred seventy-nine, a public official has been
capacity or in the exercise of a profession. found to have acquired during his incumbency,
whether in his name or in the name of other
Section 6. Prohibition on Members of
persons, an amount of property and/or money
Congress. It shall be unlawful hereafter for any
manifestly out of proportion to his salary and to
Member of the Congress during the term for
his other lawful income, that fact shall be a
which he has been elected, to acquire or receive
ground for dismissal or removal. Properties in
any personal pecuniary interest in any specific
the name of the spouse and unmarried children
business enterprise which will be directly and
of such public official may be taken into
particularly favored or benefited by any law or
consideration, when their acquisition through
resolution authored by him previously approved
legitimate means cannot be satisfactorily shown.
or adopted by the Congress during the same
Bank deposits shall be taken into consideration
term.
in the enforcement of this section,
The provision of this section shall apply to any notwithstanding any provision of law to the
other public officer who recommended the contrary.
initiation in Congress of the enactment or
Section 9. Penalties for violations. (a) Any
adoption of any law or resolution, and acquires
public officer or private person committing any of
or receives any such interest during his
the unlawful acts or omissions enumerated in
incumbency.
Sections 3, 4, 5 and 6 of this Act shall be
It shall likewise be unlawful for such member of punished with imprisonment for not less than
Congress or other public officer, who, having one year nor more than ten years, perpetual
such interest prior to the approval of such law or disqualification from public office, and
resolution authored or recommended by him, confiscation or forfeiture in favor of the
continues for thirty days after such approval to Government of any prohibited interest and
retain such interest. unexplained wealth manifestly out of proportion
S e c t i o n 7 . S t a t e m e n t o f a s s e t s a n d to his salary and other lawful income.
liabilities. Every public officer, within thirty days Any complaining party at whose complaint the
after the approval of this Act or after assuming criminal prosecution was initiated shall, in case
office, and within the month of January of every of conviction of the accused, be entitled to
other year thereafter, as well as upon the recover in the criminal action with priority over
expiration of his term of office, or upon his the forfeiture in favor of the Government, the
resignation or separation from office, shall amount of money or the thing he may have
prepare and file with the office of the given to the accused, or the value of such thing.
corresponding Department Head, or in the case
(b) Any public officer violation any of the
of a Head of Department or chief of an
provisions of Section 7 of this Act shall
independent office, with the Office of the
be punished by a fine of not less than
President, or in the case of members of the
one hundred pesos nor more than one
Congress and the officials and employees
thousand pesos, or by imprisonment not
thereof, with the Office of the Secretary of the
exceeding one year, or by both such fine
corresponding House, a true detailed and sworn
and imprisonment, at the discretion of
statement of assets and liabilities, including a
the Court.
statement of the amounts and sources of his
income, the amounts of his personal and family The violation of said section proven in a proper
expenses and the amount of income taxes paid administrative proceeding shall be sufficient
for the next preceding calendar year: Provided, cause for removal or dismissal of a public officer,
That public officers assuming office less than even if no criminal prosecution is instituted
two months before the end of the calendar year, against him.
may file their statements in the following months Section 10. Competent court. Until otherwise
of January. provided by law, all prosecutions under this Act
Section 8. Dismissal due to unexplained shall be within the original jurisdiction of the
wealth. If in accordance with the provisions of proper Court of First Instance.

293
Section 11. Prescription of offenses. All
offenses punishable under this Act shall
prescribe in ten years.
Section 12. Termination of office. No public
officer shall be allowed to resign or retire
pending an investigation, criminal or
administrative, or pending a prosecution against
him, for any offense under this Act or under the
provisions of the Revised Penal Code on
bribery.
S e c t i o n 1 3 . S u s p e n s i o n a n d l o s s o f
benefits. Any public officer against whom any
criminal prosecution under a valid information
under this Act or under the provisions of the
Revised Penal Code on bribery is pending in
court, shall be suspended from office. Should he
be convicted by final judgment, he shall lose all
retirement or gratuity benefits under any law, but
if he is acquitted, he shall be entitled to
reinstatement and to the salaries and benefits
which he failed to receive during suspension,
unless in the meantime administrative
proceedings have been filed against him. Republic of the Philippines
Congress of the Philippines
Section 14. Exception. Unsolicited gifts or Metro Manila
presents of small or insignificant value offered or
given as a mere ordinary token of gratitude or Eighth Congress
friendship according to local customs or usage,
shall be excepted from the provisions of this Act.
Republic Act No. 7080
Nothing in this Act shall be interpreted to
prejudice or prohibit the practice of any July 12, 1991
profession, lawful trade or occupation by any AN ACT DEFINING AND PENALIZING THE
private person or by any public officer who under CRIME OF PLUNDER
the law may legitimately practice his profession,
Be it enacted by the Senate and House of
trade or occupation, during his incumbency,
Representatives of the Philippines in Congress
except where the practice of such profession,
assembled::
trade or occupation involves conspiracy with any
other person or public official to commit any of Section 1.Definition of Terms- As used in this
the violations penalized in this Act. Act, the term -
Section 15.Separability clause.If any provision a) Public Officer means any person
of this Act or the application of such provision to holding any public office in the
any person or circumstances is declared invalid, Government of the Republic of the
the remainder of the Act or the application of Philippines by virtue of an appointment,
such provision to other persons or election or contract.
circumstances shall not be affected by such b) Government includes the National
declaration. Government, and any of its
Section 16.Effectivity.This Act shall take effect subdivisions, agencies or
on its approval, but for the purpose of instrumentalities, including government-
determining unexplained wealth, all property owned or -controlled corporations and
acquired by a public officer since he assumed their subsidiaries.
office shall be taken into consideration.
Approved: August 17, 1960

294
c) Person includes any natural or particular persons or special
juridical person, unless the context interests; or
indicates otherwise. 6) By taking undue advantage of
d) Ill-gotten wealth means any asset, official position, authority,
property, business enterprise or material relationship, connection or
possession of any person within the influence to unjustly enrich
purview of Section Two (2) hereof, himself or themselves at the
acquired by him directly or indirectly expense and to the damage and
through dummies, nominees, agents, prejudice of the Filipino people
subordinates and/or business and the Republic of the
associates by any combination or series Philippines.
of the following means or similar See Section 2 As amended bySection 12 of RA
schemes: No.7659
1) Through misappropriation, Section 2.Definition of the Crime of Plunder;
conversion, misuse, or Penalties- Any public officer who, by himself or
malversation of public funds or in connivance with members of his family,
raids on the public treasury; relatives by affinity or consanguinity, business
associates, subordinates or other persons,
2) By receiving, directly or
amasses, accumulates or acquires ill-gotten
indirectly, any commission, gift,
wealth through a combination or series of overt
share, percentage, kickbacks or
or criminal acts as described in Section 1(d)
any other form of pecuniary
hereof, in the aggregate amount or total value of
benefit from any person and/or
a t l e a s t S e v e n t y - fi v e m i l l i o n p e s o s
entity in connection with any
(P75,000,000.00), shall be guilty of the crime of
government contract or project
plunder and shall be punished by life
or by reason of the office or
imprisonment with perpetual absolute
position of the public officer
disqualification from holding any public office.
concerned;
Any person who participated with said public
3) By the illegal or fraudulent officer in the commission of plunder shall
conveyance or disposition of likewise be punished. In the imposition of
assets belonging to the National penalties, the degree of participation and the
Government or any of its attendance of mitigating and extenuating
subdivisions, agencies or circumstances shall be considered by the court.
instrumentalities or government- The court shall declare any and all ill-gotten
owned or -controlled wealth and their interests and other incomes and
corporations and their assets including the properties and shares of
subsidiaries; stock derived from the deposit or investment
4) By obtaining, receiving or thereof forfeited in favor of the State.
accepting directly or indirectly Section 3. Competent Court - Until otherwise
any shares of stock, equity or provided by law, all prosecutions under this Act
any other form of interest or shall be within the original jurisdiction of the
participation including promise Sandiganbayan.
of future employment in any
Section 4.Rule of Evidence- For purposes of
business enterprise or
establishing the crime of plunder, it shall not be
undertaking;
necessary to prove each and every criminal act
5) By establishing agricultural, done by the accused in furtherance of the
industrial or commercial scheme or conspiracy to amass, accumulate or
monopolies or other acquire ill-gotten wealth, it being sufficient to
combinations and/or establish beyond reasonable doubt a pattern of
implementation of decrees and overt or criminal acts indicative of the overall
orders intended to benefit unlawful scheme or conspiracy.

295
Section 5.Suspension and Loss of Benefits- National Assembly
Any public officer against whom any criminal
prosecution under a valid information under this
Act in whatever stage of execution and mode of 7 November 1936
participation, is pending in court, shall be
suspended from office. Should he be convicted
by final judgment, he shall lose all retirement or
gratuity benefits under any law, but if he is
Be it enacted by the National Assembly of the
acquitted, he shall be entitled to reinstatement
and to the salaries and other benefits which he Philippines:
failed to receive during suspension, unless in the
meantime, administrative proceedings have
been filed against him. SECTION 1.Except as a pseudonym for literary

Section 6.Prescription of Crimes- The crime purposes, no person shall use any name
punishable under this Act shall prescribe in different from the one with which he was
twenty (20) years. However, the right of the
State to recover properties unlawfully acquired christened or by which he has been known since
by public officers from them or from their his childhood, or such substitute name as may
nominees or transferees shall not be barred by
prescription, laches, or estoppel. have been authorized by a competent court. The
Section 7. Separability of Provisions - If any name shall comprise the patronymic name and
provisions of this Act or the application thereof to one or two surnames.
any person or circumstance is held invalid, the
remaining provisions of this Act and the
application of such provisions to other persons SECTION 2. Any person desiring to use an
or circumstances shall not be affected thereby.
alias or aliases shall apply for authority therefor
Section 8.Scope- This Act shall not apply to or
affect pending prosecutions or proceedings, or in proceedings like those legally provided to
those which may be instituted under Executive obtain judicial authority for a change of name.
Order No. 1, issued and promulgated on
February 28, 1986. Separate proceedings shall be had for each

Section 9.Effectivity- This Act shall take effect alias, and each new petition shall set forth the
after fifteen (15) days from its publication in the original name and the alias or aliases for the use
Official Gazette and in a newspaper of general
circulation. of which judicial authority has been obtained,
Approved: July 12, 1991 specifying the proceedings and the date on
which such authority was granted. Judicial
authorities for the use of aliases shall be
recorded in the proper civil register.

SECTION 3.No person having obtained judicial

authority to use an alias or aliases shall sign or
execute any document without stating his real
name and all aliases he may have been
An Act to Regulate the Use of Aliases authorized to use.

Commonwealth Act No. 142

296
 SECTION 4. Any violation of this Act shall be officer and cadet corp of the Citizen's Military
Training and Citizen's Army Training. The
punished with imprisonment for from one month
physical, mental and psychological testing and
to six months. training procedure and practices to determine
and enhance the physical, mental and
psychological fitness of prospective regular
SECTION 5. This Act shall take effect on its members of the Armed Forces of the Philippines
approval. and the Philippine National Police as approved
ny the Secretary of National Defense and the
National Police Commission duly recommended
by the Chief of Staff, Armed Forces of the
Philippines and the Director General of the
Philippine National Police shall not be
considered as hazing for the purposes of this
Act.
Section 2. No hazing or initiation rites in any
form or manner by a fraternity, sorority or
organization shall be allowed without prior
written notice to the school authorities or head of
organization seven (7) days before the conduct
of such initiation. The written notice shall
indicate the period of the initiation activities
which shall not exceed three (3) days, shall
include the names of those to be subjected to
such activities, and shall further contain an
undertaking that no physical violence be
employed by anybody during such initiation rites.
Section 3. The head of the school or
organization or their representatives must assign
at least two (2) representatives of the school or
organization, as the case may be, to be present
during the initiation. It is the duty of such
representative to see to it that no physical harm
of any kind shall be inflicted upon a recruit,
REPUBLIC ACT No. 8049 neophyte or applicant.
AN ACT REGULATING HAZING AND OTHER Section 4. If the person subjected to hazing or
F O R M S O F I N I T I AT I O N R I T E S I N other forms of initiation rites suffers any physical
FRATERNITIES, SORORITIES, AND OTHER injury or dies as a result thereof, the officers and
O R G A N I Z AT I O N S A N D P R O V I D I N G m e m b e r s o f t h e f r a t e r n i t y, s o r o r i t y o r
PENALTIES THEREFOR organization who actually participated in the
Section 1. Hazing, as used in this Act, is an infliction of physical harm shall be liable as
initiation rite or practice as a prerequisite for principals. The person or persons who
admission into membership in a fraternity, participated in the hazing shall suffer:
sorority or organization by placing the recruit, 1. The penalty of reclusion perpetua (life
neophyte or applicant in some embarrassing or imprisonment) if death, rape, sodomy or
humiliating situations such as forcing him to do mutilation results there from.
menial, silly, foolish and other similar tasks or
activities or otherwise subjecting him to physical 2. The penalty of reclusion temporal in
or psychological suffering or injury. its maximum period (17 years, 4 months
and 1 day to 20 years) if in
The term "organization" shall include any club or consequence of the hazing the victim
the Armed Forces of the Philippines, Philippine
National Police, Philippine Military Academy, or

297
shall become insane, imbecile, impotent shall require medical assistance for the
or blind. same period.
3. The penalty of reclusion temporal in 8. The penalty of prison correccional in
its medium period (14 years, 8 months its maximum period (4 years, 2 months
and one day to 17 years and 4 months) and one day to 6 years) if in
if in consequence of the hazing the consequence of the hazing the victim
victim shall have lost the use of speech sustained physical injuries which do not
or the power to hear or to smell, or shall prevent him from engaging in his
have lost an eye, a hand, a foot, an arm habitual activity or work nor require
or a leg or shall have lost the use of any medical attendance.
such member shall have become The responsible officials of the school or of the
incapacitated for the activity or work in police, military or citizen's army training
which he was habitually engaged. organization, may impose the appropriate
4. The penalty of reclusion temporal in administrative sanctions on the person or the
its minimum period (12 years and one persons charged under this provision even
day to 14 years and 8 months) if in before their conviction. The maximum penalty
consequence of the hazing the victim herein provided shall be imposed in any of the
shall become deformed or shall have following instances:
lost any other part of his body, or shall (a) when the recruitment is
have lost the use thereof, or shall have accompanied by force, violence, threat,
been ill or incapacitated for the intimidation or deceit on the person of
performance on the activity or work in the recruit who refuses to join;
which he was habitually engaged for a
period of more than ninety (90) days. (b) when the recruit, neophyte or
applicant initially consents to join but
5. The penalty of prison mayor in its upon learning that hazing will be
maximum period (10 years and one day committed on his person, is prevented
to 12 years) if in consequence of the from quitting;
hazing the victim shall have been ill or
incapacitated for the performance on the (c) when the recruit, neophyte or
activity or work in which he was applicant having undergone hazing is
habitually engaged for a period of more prevented from reporting the unlawful
than thirty (30) days. act to his parents or guardians, to the
proper school authorities, or to the
6. The penalty of prison mayor in its police authorities, through force,
medium period (8 years and one day to violence, threat or intimidation;
10 years) if in consequence of the
hazing the victim shall have been ill or (d) when the hazing is committed
incapacitated for the performance on the outside of the school or institution; or
activity or work in which he was (e) when the victim is below twelve (12)
habitually engaged for a period of ten years of age at the time of the hazing.
(10) days or more, or that the injury
sustained shall require medical The owner of the place where hazing is
assistance for the same period. conducted shall be liable as an accomplice,
when he has actual knowledge of the hazing
7. The penalty of prison mayor in its conducted therein but failed to take any action to
minimum period (6 years and one day to prevent the same from occurring. If the hazing is
8 years) if in consequence of the hazing held in the home of one of the officers or
the victim shall have been ill or m e m b e r s o f t h e f r a t e r n i t y, g r o u p , o r
incapacitated for the performance on the organization, the parents shall be held liable as
activity or work in which he was principals when they have actual knowledge of
habitually engaged from one (1) to nine the hazing conducted therein but failed to take
(9) days, or that the injury sustained any action to prevent the same from occurring.

298
The school authorities including faculty
members who consent to the hazing or who
have actual knowledge thereof, but failed to take
any action to prevent the same from occurring
shall be punished as accomplices for the acts of
hazing committed by the perpetrators.
The officers, former officers, or alumni of the
organization, group, fraternity or sorority who
actually planned the hazing although not present
when the acts constituting the hazing were
committed shall be liable as principals. A
fraternity or sorority's adviser who is present
when the acts constituting the hazing were
committed and failed to take action to prevent
the same from occurring shall be liable as
principal.
The presence of any person during the hazing is
prima facie evidence of participation therein as
principal unless he prevented the commission of
the acts punishable herein.
Any person charged under this provision shall
not be entitled to the mitigating circumstance
that there was no intention to commit so grave a
wrong.
This section shall apply to the president,
manager, director or other responsible officer of
a corporation engaged in hazing as a
requirement for employment in the manner
provided herein.
Section 5. If any provision or part of this Act is
declared invalid or unconstitutional, the other
parts or provisions thereof shall remain valid and
effective.
Section 6. All laws, orders, rules or regulations
which are inconsistent with or contrary to the
provisions of this Act are hereby amended or
repealed accordingly.
Section 7.This Act shall take effect fifteen (15)
calendar days after its publication in at least two
(2) national newspapers of general circulation.
REPUBLIC ACT No. 4200
AN ACT TO PROHIBIT AND PENALIZE
WIRE TAPPING AND OTHER RELATED
V I O L AT I O N S O F T H E P R I VA C Y O F
COMMUNICATION, AND FOR OTHER
PURPOSES.
Section 1.It shall be unlawful for any person,
not being authorized by all the parties to any
private communication or spoken word, to tap
any wire or cable, or by using any other

299
device or arrangement, to secretly overhear, violations of Commonwealth Act No. 616,
intercept, or record such communication or punishing espionage and other offenses
spoken word by using a device commonly against national security:Provided, That such
known as a dictaphone or dictagraph or written order shall only be issued or granted
dictaphone or walkie-talkie or tape recorder, or upon written application and the examination
however otherwise described: under oath or affirmation of the applicant and
It shall also be unlawful for any person, be he the witnesses he may produce and a showing:
a participant or not in the act or acts penalized (1) that there are reasonable grounds to
in the next preceding sentence, to knowingly believe that any of the crimes enumerated
possess any tape record, wire record, disc hereinabove has been committed or is being
record, or any other such record, or copies committed or is about to be
thereof, of any communication or spoken word committed: Provided, however, That in cases
secured either before or after the effective involving the offenses of rebellion, conspiracy
date of this Act in the manner prohibited by and proposal to commit rebellion, inciting to
this law; or to replay the same for any other rebellion, sedition, conspiracy to commit
person or persons; or to communicate the sedition, and inciting to sedition, such
contents thereof, either verbally or in writing, authority shall be granted only upon prior
or to furnish transcriptions thereof, whether proof that a rebellion or acts of sedition, as the
complete or partial, to any other case may be, have actually been or are being
person:Provided, That the use of such record committed; (2) that there are reasonable
or any copies thereof as evidence in any civil, grounds to believe that evidence will be
criminal investigation or trial of offenses obtained essential to the conviction of any
mentioned in section 3 hereof, shall not be person for, or to the solution of, or to the
covered by this prohibition. prevention of, any of such crimes; and (3) that
there are no other means readily available for
Section 2. Any person who willfully or obtaining such evidence.
knowingly does or who shall aid, permit, or
cause to be done any of the acts declared to The order granted or issued shall specify: (1)
be unlawful in the preceding section or who the identity of the person or persons whose
violates the provisions of the following section communications, conversations, discussions,
or of any order issued thereunder, or aids, or spoken words are to be overheard,
permits, or causes such violation shall, upon intercepted, or recorded and, in the case of
conviction thereof, be punished by telegraphic or telephonic communications, the
imprisonment for not less than six months or telegraph line or the telephone number
more than six years and with the accessory involved and its location; (2) the identity of the
penalty of perpetual absolute disqualification peace officer authorized to overhear,
from public office if the offender be a public intercept, or record the communications,
official at the time of the commission of the conversations, discussions, or spoken words;
offense, and, if the offender is an alien he (3) the offense or offenses committed or
shall be subject to deportation proceedings. sought to be prevented; and (4) the period of
the authorization. The authorization shall be
Section 3. Nothing contained in this Act, effective for the period specified in the order
however, shall render it unlawful or punishable which shall not exceed sixty (60) days from
for any peace officer, who is authorized by a the date of issuance of the order, unless
written order of the Court, to execute any of extended or renewed by the court upon being
the acts declared to be unlawful in the two satisfied that such extension or renewal is in
preceding sections in cases involving the the public interest.
crimes of treason, espionage, provoking war
and disloyalty in case of war, piracy, mutiny in All recordings made under court authorization
the high seas, rebellion, conspiracy and shall, within forty-eight hours after the
proposal to commit rebellion, inciting to expiration of the period fixed in the order, be
rebellion, sedition, conspiracy to commit deposited with the court in a sealed envelope
sedition, inciting to sedition, kidnapping as or sealed package, and shall be accompanied
defined by the Revised Penal Code, and by an affidavit of the peace officer granted
such authority stating the number of

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recordings made, the dates and times covered
by each recording, the number of tapes, discs,
or records included in the deposit, and
certifying that no duplicates or copies of the
whole or any part thereof have been made, or
if made, that all such duplicates or copies are
included in the envelope or package
deposited with the court. The envelope or
package so deposited shall not be opened, or
the recordings replayed, or used in evidence,
or their contents revealed, except upon order MALACAANG
of the court, which shall not be granted except Manila
upon motion, with due notice and opportunity
to be heard to the person or persons whose PRESIDENTIAL DECREE No.
conversation or communications have been 532
recorded.
August 8, 1974
The court referred to in this section shall be
understood to mean the Court of First A N T I - P I R A C Y A N D A N T I - H I G H WAY
Instance within whose territorial jurisdiction ROBBERY LAW OF 1974
the acts for which authority is applied for are WHEREAS, reports from law-enforcement
to be executed. agencies reveal that lawless elements are still
Section 4. Any communication or spoken committing acts of depredations upon the
word, or the existence, contents, substance, persons and properties of innocent and
purport, effect, or meaning of the same or any defenseless inhabitants who travel from one
part thereof, or any information therein place to another, thereby distributing the
contained obtained or secured by any person peace, order and tranquility of the nation and
in violation of the preceding sections of this stunting the economic and social progress of
Act shall not be admissible in evidence in any the people;
judicial, quasi-judicial, legislative or WHEREAS, such acts of depredations
administrative hearing or investigation. constitute either piracy or highway robbery/
Section 5. All laws inconsistent with the brigandage which are among the highest
provisions of this Act are hereby repealed or forms of lawlessness condemned by the penal
accordingly amended. statutes of all countries; and,

Section 6. This Act shall take effect upon its WHEREAS, it is imperative that said lawless
approval. elements be discouraged from perpetrating
such acts of depredations by imposing heavy
Approved: June 19, 1965 penalty on the offenders, with the end in view
of eliminating all obstacles to the economic,
social, educational and community progress of
the people;
NOW, THEREFORE, I, FERDINAND E.
MARCOS, President of the Philippines, by
virtue of the powers vested in me by the
Constitution and pursuant to proclamation No.
1081, dated September 21, 1972 and No.
1104, dated January 17, 1973 and General
Order No. 1, dated September 22, 1972, do
hereby order and decree as part of the law of
the land the following:

301
Section 1. Title. This Decree shall be known extortion or other unlawful purposes,
as the Anti-Piracy and Anti-Highway Robbery or the taking away of the property of
Law of 1974. another by means of violence against
Section 2. Definition of Terms. The following or intimidation of person or force upon
terms shall mean and be understood, as things of other unlawful means,
follows: committed by any person on any
Philippine Highway.
a. Philippine Waters. It shall refer to all
bodies of water, such as but not Section 3. Penalties. Any person who
limited to, seas, gulfs, bays around, commits piracy or highway robbery/
between and connecting each of the brigandage as herein defined, shall, upon
Islands of the Philippine Archipelago, conviction by competents court be punished
irrespective of its depth, breadth, by:
length or dimension, and all other a. Piracy. The penalty of reclusion
waters belonging to the Philippines by temporal in its medium and maximum
historic or legal title, including periods shall be imposed. If physical
territorial sea, the sea-bed, the insular injuries or other crimes are committed
shelves, and other submarine areas as a result or on the occasion thereof,
over which the Philippines has the penalty of reclusion perpetua shall
sovereignty or jurisdiction. be imposed. If rape, murder or
b. Vessel. Any vessel or watercraft homicide is committed as a result or
used for transport of passengers and on the occasion of piracy, or when the
cargo from one place to another offenders abandoned the victims
through Philippine Waters. It shall without means of saving themselves,
include all kinds and types of vessels or when the seizure is accomplished
or boats used in fishing. by firing upon or boarding a vessel,
the mandatory penalty of death shall
c. Philippine Highway. It shall refer to be imposed.
any road, street, passage, highway
and bridges or other parts thereof, or b. Highway Robbery/Brigandage. The
railway or railroad within the penalty of reclusion temporal in its
Philippines used by persons, or minimum period shall be imposed. If
vehicles, or locomotives or trains for physical injuries or other crimes are
the movement or circulation of committed during or on the occasion
persons or transportation of goods, of the commission of robbery or
articles, or property or both. brigandage, the penalty of reclusion
temporal in its medium and maximum
d. Piracy. Any attack upon or seizure periods shall be imposed. If
of any vessel, or the taking away of kidnapping for ransom or extortion, or
the whole or part thereof or its cargo, murder or homicide, or rape is
equipment, or the personal belongings committed as a result or on the
of its complement or passengers, occasion thereof, the penalty of death
irrespective of the value thereof, by shall be imposed.
means of violence against or
intimidation of persons or force upon Section 4.Aiding pirates or highway robbers/
things, committed by any person, brigands or abetting piracy or highway
including a passenger or member of robbery/brigandage. Any person who
the complement of said vessel, in knowingly and in any manner aids or protects
Philippine waters, shall be considered pirates or highway robbers/brigands, such as
as piracy. The offenders shall be giving them information about the movement
considered as pirates and punished as of police or other peace officers of the
hereinafter provided. government, or acquires or receives property
taken by such pirates or brigands or in any
e. Highway Robbery/Brigandage. The manner derives any benefit therefrom; or any
seizure of any person for ransom, person who directly or indirectly abets the

302
commission of piracy or highway robbery or control thereof while it is within the said
brigandage, shall be considered as an territory.
accomplice of the principal offenders and be Section 2.Any person violating any provision
punished in accordance with the Rules of the foregoing section shall be punished by
prescribed by the Revised Penal Code. an imprisonment of not less than twelve years
It shall be presumed that any person who but not more than twenty years, or by a fine of
does any of the acts provided in this Section not less than twenty thousand pesos but not
has performed knowingly, unless the contrary more than forty thousand pesos.
is proven. The penalty of imprisonment of fifteen years to
Section 5. Repealing Clause. Pertinent death, or a fine of not less than twenty-five
portions of Act No. 3815, otherwise known as thousand pesos but not more than fifty
the Revised Penal Code; and all laws, thousand pesos shall be imposed upon any
decrees, or orders or instructions, or parts person committing such violation under any of
thereof, insofar as they are inconsistent with the following circumstances:
this Decree are hereby repealed or modified 1. Whenever he has fired upon the
accordingly. pilot, member of the crew or
Section 6. Effectivity. This Decree shall take passenger of the aircraft;
effect upon approval. 2. Whenever he has exploded or
Done in the City of Manila, this 8th day of attempted to explode any bomb or
August, in the year of Our Lord, nineteen explosive to destroy the aircraft; or
hundred and seventy-four. 3. Whenever the crime is
accompanied by murder, homicide,
serious physical injuries or rape.
Section 3.It shall be unlawful for any person,
natural or juridical, to ship, load or carry in any
passenger aircraft operating as a public utility
within the Philippines, and explosive,
flammable, corrosive or poisonous substance
or material.
Section 4. The shipping, loading or carrying
of any substance or material mentioned in the
preceding section in any cargo aircraft
operating as a public utility within the
REPUBLIC ACT No. 6235 Philippines shall be in accordance with
regulations issued by the Civil Aeronautics
AN ACT PROHIBITING CERTAIN ACTS Administration.
INIMICAL TO CIVIL AVIATION, AND FOR
OTHER PURPOSES. Section 5.As used in this Act

Section 1.It shall be unlawful for any person (1) "Explosive" shall mean any
to compel a change in the course or substance, either solid or liquid,
destination of an aircraft of Philippine registry, mixture or single compound, which by
or to seize or usurp the control thereof, while it chemical reaction liberates heat and
is in flight. An aircraft is in flight from the gas at high speed and causes
moment all its external doors are closed tremendous pressure resulting in
following embarkation until any of such doors explosion. The term shall include but
is opened for disembarkation. not limited to dynamites, firecrackers,
blasting caps, black powders,
It shall likewise be unlawful for any person to bursters, percussions, cartridges and
compel an aircraft of foreign registry to land in other explosive materials, except
Philippine territory or to seize or usurp the bullets for firearm.

303
 (2) "Flammable" is any substance or Any violation of Section four hereof shall be
material that is highly combustible and an offense punishable with the minimum of
self-igniting by chemical reaction and the penalty provided in the next preceding
shall include but not limited to paragraph.
acrolein, allene, aluminum dyethyl Section 7.For any death or injury to persons
monochloride, and other aluminum or damage to property resulting from a
compounds, ammonium chlorate and violation of Sections three and four hereof, the
other ammonium mixtures and other person responsible therefor may be held liable
similar substances or materials. in accordance with the applicable provisions
(3) "Corrosive" is any substance or of the Revised Penal Code.
material, either liquid, solid or Section 8. Aircraft companies which operate
gaseous, which through chemical as public utilities or operators of aircraft which
reaction wears away, impairs or are for hire are authorized to open and
consumes any object. It shall include investigate suspicious packages and cargoes
but not limited to alkaline battery fluid in the presence of the owner or shipper, or his
packed with empty storage battery, authorized representatives if present; in order
allyl chloroformate, allytrichlorosilane, to help the authorities in the enforcement of
ammonium dinitro-orthocresolate and the provisions of this Act:Provided, That if the
other similar materials and owner, shipper or his representative refuses to
substances. have the same opened and inspected, the
(4) "Poisonous" is any substance or airline or air carrier is authorized to refuse the
materials, except medicinal drug, loading thereof.
either liquid, solid or gaseous, which Section 9.Every ticket issued to a passenger
through chemical reactions kills, by the airline or air carrier concerned shall
injuries or impairs a living organism or contain among others the following condition
person, and shall include but not printed thereon: "Holder hereof and his hand-
limited to allyl isothiocyanate, carried luggage(s) are subject to search for,
ammunition (chemical, non-explosive and seizure of, prohibited materials or
but containing Class A, B or poison), substances. Holder refusing to be searched
aniline oil, arsine, bromobenzyle shall not be allowed to board the aircraft,"
cyanide, bromoacetone and other which shall constitute a part of the contract
similar substances or materials. between the passenger and the air carrier.
Section 6. Any violation of Section three S e c t i o n 1 0 . T h e C i v i l A e r o n a u t i c s
hereof shall be punishable by an Administration is hereby directed to
imprisonment of at least five years but not promulgate within one month after the
more than ten years or by a fine of not less approval of this Act such regulations as are
than ten thousand pesos but not more than provided in Section four hereof and cause the
twenty thousand pesos: Provided, That if the publication of such rules and regulations in the
violation is committed by a juridical person, Official Gazette and in a newspaper of
the penalty shall be imposed upon the national circulation for at least once a week for
manager, representative, director, agent or three consecutive weeks. Such regulations
employee who violated, or caused, directed, shall take effect fifteen days after publication
cooperated or participated in the violation in the Official Gazette.
thereof: Provided, further, That in case the
violation is committed in the interest of a Section 11.This Act shall take effect after the
foreign corporation legally doing business in publication mentioned in the preceding
the Philippines, the penalty shall be imposed section.
u p o n i t s r e s i d e n t a g e n t , m a n a g e r, Approved: June 19, 1971
representative or director responsible for such
violation and in addition thereto, the license of
said corporation to do business in the
Philippines shall be revoked.

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 retrieving data from, or otherwise
making use of any resources of a
computer system or communication
network.
REPUBLIC ACT NO. 10175 (b)Alterationrefers to the modification
or change, in form or substance, of an
AN ACT DEFINING CYBERCRIME, existing computer data or program.
PROVIDING FOR THE PREVENTION,
INVESTIGATION, SUPPRESSION AND THE (c) Communication refers to the
IMPOSITION OF PENALTIES THEREFOR transmission of information through
AND FOR OTHER PURPOSES ICT media, including voice, video and
other forms of data.
Be it enacted by the Senate and House of
Representatives of the Philippines in (d) Computer refers to an electronic,
Congress assembled: magnetic, optical, electrochemical, or
other data processing or
CHAPTER I communications device, or grouping of
PRELIMINARY PROVISIONS such devices, capable of performing
Section 1.Title. This Act shall be known as logical, arithmetic, routing, or storage
the"Cybercrime Prevention Act of 2012. functions and which includes any
storage facility or equipment or
Section 2.Declaration of Policy. The State
communications facility or equipment
recognizes the vital role of information and
directly related to or operating in
communications industries such as content
conjunction with such device. It covers
production, telecommunications, broadcasting
any type of computer device including
electronic commerce, and data processing, in
devices with data processing
the nations overall social and economic
capabilities like mobile phones, smart
development. The State also recognizes the
phones, computer networks and other
importance of providing an environment
devices connected to the internet.
conducive to the development, acceleration,
and rational application and exploitation of (e) Computer data refers to any
information and communications technology representation of facts, information, or
(ICT) to attain free, easy, and intelligible concepts in a form suitable for
access to exchange and/or delivery of processing in a computer system
information; and the need to protect and including a program suitable to cause
safeguard the integrity of computer, computer a computer system to perform a
and communications systems, networks, and function and includes electronic
databases, and the confidentiality, integrity, documents and/or electronic data
and availability of information and data stored messages whether stored in local
therein, from all forms of misuse, abuse, and computer systems or online.
illegal access by making punishable under the (f)Computer programrefers to a set of
law such conduct or conducts. In this light, the instructions executed by the computer
State shall adopt sufficient powers to to achieve intended results.
effectively prevent and combat such offenses
by facilitating their detection, investigation, (g) Computer system refers to any
and prosecution at both the domestic and device or group of interconnected or
international levels, and by providing related devices, one or more of which,
arrangements for fast and reliable pursuant to a program, performs
international cooperation. automated processing of data. It
covers any type of device with data
Section 3. Definition of Terms. For processing capabilities including, but
purposes of this Act, the following terms are not limited to, computers and mobile
hereby defined as follows: phones. The device consisting of
(a) Access refers to the instruction, hardware and software may include
communication with, storing data in, input, output and storage components

305
which may stand alone or be the same time that the communication
connected in a network or other is occurring.
similar devices. It also includes (n)Service providerrefers to:
computer data storage devices or
media. (1) Any public or private entity
that provides to users of its
(h) Without right refers to either: (i) service the ability to
conduct undertaken without or in communicate by means of a
excess of authority; or (ii) conduct not computer system; and
covered by established legal
defenses, excuses, court orders, (2) Any other entity that
justifications, or relevant principles processes or stores computer
under the law. data on behalf of such
communication service or
(i) Cyber refers to a computer or a users of such service.
computer network, the electronic
medium in which online (o) Subscribers information refers to
communication takes place. any information contained in the form
of computer data or any other form
(j) Critical infrastructure refers to the that is held by a service provider,
computer systems, and/or networks, relating to subscribers of its services
whether physical or virtual, and/or the other than traffic or content data and
computer programs, computer data by which identity can be established:
and/or traffic data so vital to this
country that the incapacity or (1) The type of communication
destruction of or interference with service used, the technical
such system and assets would have a provisions taken thereto and
debilitating impact on security, national the period of service;
or economic security, national public (2) The subscribers identity,
health and safety, or any combination postal or geographic address,
of those matters. telephone and other access
(k) Cybersecurity refers to the numbers, any assigned
collection of tools, policies, risk network address, billing and
management approaches, actions, payment information, available
training, best practices, assurance and on the basis of the service
technologies that can be used to agreement or arrangement;
protect the cyber environment and and
organization and users assets. (3) Any other available
(l)Databaserefers to a representation information on the site of the
of information, knowledge, facts, installation of communication
concepts, or instructions which are equipment, available on the
being prepared, processed or stored basis of the service agreement
or have been prepared, processed or or arrangement.
stored in a formalized manner and (p) Traffic data or non-content data
which are intended for use in a refers to any computer data other than
computer system. the content of the communication
(m) Interception refers to listening to, including, but not limited to, the
recording, monitoring or surveillance communications origin, destination,
of the content of communications, route, time, date, size, duration, or
including procuring of the content of type of underlying service.
data, either directly, through access CHAPTER II
and use of a computer system or PUNISHABLE ACTS
indirectly, through the use of electronic
eavesdropping or tapping devices, at

306
Section 4. Cybercrime Offenses. The available, without right,
following acts constitute the offense of of:
cybercrime punishable under this Act: (aa) A device,
(a) Offenses against the including a
confidentiality, integrity and availability computer
of computer data and systems: p r o g r a m ,
(1) Illegal Access. The designed or
access to the whole or any a d a p t e d
part of a computer system primarily for
without right. the purpose of
committing any
(2) Illegal Interception. The of the offenses
interception made by technical under this Act;
means without right of any or
non-public transmission of
computer data to, from, or (bb) A
within a computer system computer
including electromagnetic password,
emissions from a computer access code,
system carrying such or similar data
computer data. by which the
whole or any
(3) Data Interference. The part of a
intentional or reckless computer
alteration, damaging, deletion system is
or deterioration of computer capable of
data, electronic document, or b e i n g
electronic data message, accessed with
without right, including the intent that it be
introduction or transmission of used for the
viruses. purpose of
(4) System Interference. committing any
The intentional alteration or of the offenses
reckless hindering or under this Act.
interference with the (ii) The possession of
functioning of a computer or an item referred to in
computer network by inputting, paragraphs 5(i)(aa) or
transmitting, damaging, (bb) above with intent
deleting, deteriorating, altering to use said devices for
or suppressing computer data the purpose of
or program, electronic committing any of the
document, or electronic data offenses under this
message, without right or section.
a u t h o r i t y, i n c l u d i n g t h e
introduction or transmission of (6) Cyber-squatting. The
viruses. acquisition of a domain name
over the internet in bad faith to
(5) Misuse of Devices. p r o fi t , m i s l e a d , d e s t r o y
(i) The use, production, reputation, and deprive others
sale, procurement, from registering the same, if
i m p o r t a t i o n , such a domain name is:
distribution, or (i) Similar, identical, or
otherwise making confusingly similar to

307
 an existing trademark damage has yet been caused,
registered with the the penalty imposable shall be
a p p r o p r i a t e one (1) degree lower.
government agency at (3) Computer-related Identity
the time of the domain Theft. The intentional
name registration: acquisition, use, misuse,
(ii) Identical or in any transfer, possession, alteration
way similar with the or deletion of identifying
name of a person information belonging to
other than the another, whether natural or
registrant, in case of a juridical, without
personal name; and right: Provided, That if no
(iii) Acquired without damage has yet been caused,
right or with intellectual the penalty imposable shall be
property interests in it. one (1) degree lower.

(b) Computer-related Offenses: (c) Content-related Offenses:

(1) Computer-related Forgery. (1) Cybersex. The willful

engagement, maintenance,
control, or operation, directly
(i) The input, alteration, or indirectly, of any lascivious
or deletion of any exhibition of sexual organs or
computer data without sexual activity, with the aid of a
right resulting in computer system, for favor or
inauthentic data with consideration.
the intent that it be
considered or acted (2) Child Pornography. The
upon for legal unlawful or prohibited acts
purposes as if it were d e fi n e d a n d p u n i s h a b l e
authentic, regardless by Republic Act No. 9775 or
whether or not the data the Anti-Child Pornography Act
is directly readable and of 2009, committed through a
intelligible; or computer system: Provided,
That the penalty to be
(ii) The act of imposed shall be (1) one
knowingly using degree higher than that
computer data which is provided for in Republic Act
the product of No. 9775. 1wphi1

computer-related
forgery as defined (3) Unsolicited Commercial
herein, for the purpose Communications. The
of perpetuating a transmission of commercial
fraudulent or dishonest electronic communication with
design. the use of computer system
which seek to advertise, sell,
(2) Computer-related Fraud. or offer for sale products and
The unauthorized input, services are prohibited unless:
alteration, or deletion of
computer data or program or (i) There is prior
interference in the functioning affirmative consent
of a computer system, causing from the recipient; or
damage thereby with (ii) The primary intent
f r a u d u l e n t of the communication
intent:Provided,That if no is for service and/or
administrative

308
 announcements from defined in Article 355 of the
the sender to its Revised Penal Code, as
existing users, amended, committed through
subscribers or a computer system or any
customers; or other similar means which
(iii) The following may be devised in the future.
conditions are present: Section 5. Other Offenses. The following
(aa) The acts shall also constitute an offense:
commercial (a) Aiding or Abetting in the
electronic Commission of Cybercrime. Any
communication person who willfully abets or aids in
contains a the commission of any of the offenses
simple, valid, enumerated in this Act shall be held
and reliable liable.
way for the (b) Attempt in the Commission of
recipient to Cybercrime. Any person who
reject. receipt willfully attempts to commit any of the
of further offenses enumerated in this Act shall
commercial be held liable.
electronic
messages Section 6. All crimes defined and penalized
(opt-out) from by the Revised Penal Code, as amended, and
the same special laws, if committed by, through and with
source; the use of information and communications
technologies shall be covered by the relevant
(bb) The provisions of this Act: Provided, That the
commercial penalty to be imposed shall be one (1) degree
electronic higher than that provided for by the Revised
communication Penal Code, as amended, and special laws,
does not as the case may be.
purposely
disguise the Section 7. Liability under Other Laws. A
source of the prosecution under this Act shall be without
electronic prejudice to any liability for violation of any
message; and provision of the Revised Penal Code, as
amended, or special laws.
(cc) The
commercial CHAPTER III
electronic PENALTIES
communication Section 8. Penalties. Any person found
does not guilty of any of the punishable acts
purposely enumerated in Sections 4(a) and 4(b) of this
i n c l u d e Act shall be punished with imprisonment
misleading of prision mayor or a fine of at least Two
information in hundred thousand pesos (PhP200,000.00) up
any part of the to a maximum amount commensurate to the
message in damage incurred or both.
order to induce
the recipients Any person found guilty of the punishable act
to read the under Section 4(a)(5) shall be punished with
message. imprisonment of prision mayor or a fine of not
more than Five hundred thousand pesos
(4) Libel. The unlawful or (PhP500,000.00) or both.
prohibited acts of libel as

309
If punishable acts in Section 4(a) are authority to exercise control within the juridical
committed against critical infrastructure, the person, the juridical person shall be held liable
penalty of reclusion temporal or a fine of at for a fine equivalent to at least double the
least Five hundred thousand pesos fines imposable in Section 7 up to a maximum
(PhP500,000.00) up to maximum amount of Ten million pesos (PhP10,000,000.00).
commensurate to the damage incurred or If the commission of any of the punishable
both, shall be imposed. acts herein defined was made possible due to
Any person found guilty of any of the the lack of supervision or control by a natural
punishable acts enumerated in Section 4(c)(1) person referred to and described in the
of this Act shall be punished with preceding paragraph, for the benefit of that
imprisonment of prision mayor or a fine of at juridical person by a natural person acting
l e a s t Tw o h u n d r e d t h o u s a n d p e s o s under its authority, the juridical person shall be
(PhP200,000.00) but not exceeding One held liable for a fine equivalent to at least
million pesos (PhPl,000,000.00) or both. double the fines imposable in Section 7 up to
Any person found guilty of any of the a maximum of Five million pesos
punishable acts enumerated in Section 4(c)(2) (PhP5,000,000.00).
of this Act shall be punished with the penalties The liability imposed on the juridical person
as enumerated in Republic Act No. 9775 or shall be without prejudice to the criminal
the "Anti-Child Pornography Act of liability of the natural person who has
2009: Provided, That the penalty to be committed the offense.
imposed shall be one (1) degree higher than CHAPTER IV
that provided for in Republic Act No. 9775, if ENFORCEMENT AND IMPLEMENTATION
committed through a computer system.
Section 10. Law Enforcement Authorities.
Any person found guilty of any of the The National Bureau of Investigation (NBI)
punishable acts enumerated in Section 4(c)(3) and the Philippine National Police (PNP) shall
shall be punished with imprisonment be responsible for the efficient and effective
of arresto mayor or a fine of at least Fifty law enforcement of the provisions of this Act.
thousand pesos (PhP50,000.00) but not The NBI and the PNP shall organize a
exceeding Two hundred fifty thousand pesos cybercrime unit or center manned by special
(PhP250,000.00) or both. investigators to exclusively handle cases
Any person found guilty of any of the involving violations of this Act.
punishable acts enumerated in Section 5 shall Section 11. Duties of Law Enforcement
be punished with imprisonment one (1) Authorities. To ensure that the technical
degree lower than that of the prescribed nature of cybercrime and its prevention is
penalty for the offense or a fine of at least One given focus and considering the procedures
hundred thousand pesos (PhPl00,000.00) but involved for international cooperation, law
not exceeding Five hundred thousand pesos enforcement authorities specifically the
(PhP500,000.00) or both. computer or technology crime divisions or
Section 9.Corporate Liability. When any of units responsible for the investigation of
the punishable acts herein defined are cybercrimes are required to submit timely and
knowingly committed on behalf of or for the regular reports including pre-operation, post-
benefit of a juridical person, by a natural operation and investigation results and such
person acting either individually or as part of other documents as may be required to the
an organ of the juridical person, who has a Department of Justice (DOJ) for review and
leading position within, based on: (a) a power monitoring.
of representation of the juridical person Section 12. Real-Time Collection of Traffic
provided the act committed falls within the Data. Law enforcement authorities, with
scope of such authority; (b) an authority to due cause, shall be authorized to collect or
take decisions on behalf of the juridical record by technical or electronic means traffic
person:Provided,That the act committed falls data in real-time associated with specified
within the scope of such authority; or (c) an

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communications transmitted by means of a Section 14. Disclosure of Computer Data.
computer system. Law enforcement authorities, upon securing a
Traffic data refer only to the communications court warrant, shall issue an order requiring
origin, destination, route, time, date, size, any person or service provider to disclose or
duration, or type of underlying service, but not submit subscribers information, traffic data or
content, nor identities. relevant data in his/its possession or control
within seventy-two (72) hours from receipt of
All other data to be collected or seized or the order in relation to a valid complaint
disclosed will require a court warrant. o f fi c i a l l y d o c k e t e d a n d a s s i g n e d f o r
Service providers are required to cooperate investigation and the disclosure is necessary
and assist law enforcement authorities in the and relevant for the purpose of investigation.
collection or recording of the above-stated Section 15.Search, Seizure and Examination
information. of Computer Data. Where a search and
The court warrant required under this section seizure warrant is properly issued, the law
shall only be issued or granted upon written enforcement authorities shall likewise have
application and the examination under oath or the following powers and duties.
affirmation of the applicant and the witnesses Within the time period specified in the warrant,
he may produce and the showing: (1) that to conduct interception, as defined in this Act,
there are reasonable grounds to believe that and:
any of the crimes enumerated hereinabove
has been committed, or is being committed, or (a) To secure a computer system or a
is about to be committed: (2) that there are computer data storage medium;
reasonable grounds to believe that evidence (b) To make and retain a copy of those
that will be obtained is essential to the computer data secured;
conviction of any person for, or to the solution (c) To maintain the integrity of the
of, or to the prevention of, any such crimes; relevant stored computer data;
and (3) that there are no other means readily
available for obtaining such evidence. (d) To conduct forensic analysis or
examination of the computer data
Section 13. Preservation of Computer storage medium; and
Data. The integrity of traffic data and
subscriber information relating to (e) To render inaccessible or remove
communication services provided by a service those computer data in the accessed
provider shall be preserved for a minimum computer or computer and
period of six (6) months from the date of the communications network.
transaction. Content data shall be similarly Pursuant thereof, the law enforcement
preserved for six (6) months from the date of authorities may order any person who has
receipt of the order from law enforcement knowledge about the functioning of the
authorities requiring its preservation. computer system and the measures to protect
Law enforcement authorities may order a one- and preserve the computer data therein to
time extension for another six (6) provide, as is reasonable, the necessary
months: Provided, That once computer data information, to enable the undertaking of the
preserved, transmitted or stored by a service search, seizure and examination.
provider is used as evidence in a case, the Law enforcement authorities may request for
mere furnishing to such service provider of the an extension of time to complete the
transmittal document to the Office of the examination of the computer data storage
Prosecutor shall be deemed a notification to medium and to make a return thereon but in
preserve the computer data until the no case for a period longer than thirty (30)
termination of the case. days from date of approval by the court.
The service provider ordered to preserve Section 16.Custody of Computer Data. All
computer data shall keep confidential the computer data, including content and traffic
order and its compliance. data, examined under a proper warrant shall,

311
within forty-eight (48) hours after the CHAPTER V
expiration of the period fixed therein, be JURISDICTION
deposited with the court in a sealed package, Section 21.Jurisdiction. The Regional Trial
and shall be accompanied by an affidavit of Court shall have jurisdiction over any violation
the law enforcement authority executing it of the provisions of this Act. including any
stating the dates and times covered by the violation committed by a Filipino national
examination, and the law enforcement regardless of the place of commission.
authority who may access the deposit, among Jurisdiction shall lie if any of the elements was
other relevant data. The law enforcement committed within the Philippines or committed
authority shall also certify that no duplicates or with the use of any computer system wholly or
copies of the whole or any part thereof have partly situated in the country, or when by such
been made, or if made, that all such commission any damage is caused to a
duplicates or copies are included in the natural or juridical person who, at the time the
package deposited with the court. The o ff e n s e w a s c o m m i t t e d , w a s i n t h e
package so deposited shall not be opened, or Philippines.
the recordings replayed, or used in evidence,
or then contents revealed, except upon order There shall be designated special cybercrime
of the court, which shall not be granted except courts manned by specially trained judges to
upon motion, with due notice and opportunity handle cybercrime cases.
to be heard to the person or persons whose CHAPTER VI
conversation or communications have been INTERNATIONAL COOPERATION
recorded.
Section 22. General Principles Relating to
Section 17.Destruction of Computer Data. International Cooperation. All relevant
Upon expiration of the periods as provided in international instruments on international
Sections 13 and 15, service providers and law cooperation in criminal matters, arrangements
enforcement authorities, as the case may be, agreed on the basis of uniform or reciprocal
shall immediately and completely destroy the legislation, and domestic laws, to the widest
computer data subject of a preservation and extent possible for the purposes of
examination. investigations or proceedings concerning
Section 18. Exclusionary Rule. Any criminal offenses related to computer systems
evidence procured without a valid warrant or and data, or for the collection of evidence in
beyond the authority of the same shall be electronic form of a criminal, offense shall be
inadmissible for any proceeding before any given full force and effect.
court or tribunal. CHAPTER VII
Section 19.Restricting or Blocking Access to COMPETENT AUTHORITIES
Computer Data. When a computer data is Section 23. Department of Justice (DOJ).
prima facie found to be in violation of the There is hereby created an Office of
provisions of this Act, the DOJ shall issue an Cybercrime within the DOJ designated as the
order to restrict or block access to such central authority in all matters related to
computer data. international mutual assistance and
Section 20. Noncompliance. Failure to extradition.
comply with the provisions of Chapter IV Section 24. Cybercrime Investigation and
hereof specifically the orders from law Coordinating Center. There is hereby
enforcement authorities shall be punished as created, within thirty (30) days from the
a violation of Presidential Decree No. 1829 effectivity of this Act, an inter-agency body to
with imprisonment of prision correctional in its be known as the Cybercrime Investigation and
maximum period or a fine of One hundred Coordinating Center (CICC), under the
thousand pesos (Php100,000.00) or both, for administrative supervision of the Office of the
each and every noncompliance with an order President, for policy coordination among
issued by law enforcement authorities. concerned agencies and for the formulation
and enforcement of the national cybersecurity
plan.

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Section 25. Composition. The CICC shall necessary for the proper implementation
be headed by the Executive Director of the of this Act.
Information and Communications Technology CHAPTER VIII
Office under the Department of Science and FINAL PROVISIONS
Technology (ICTO-DOST) as Chairperson
with the Director of the NBI as Vice Section 27.Appropriations. The amount of
Chairperson; the Chief of the PNP; Head of Fifty million pesos (PhP50,000,000_00) shall
the DOJ Office of Cybercrime; and one (1) be appropriated annually for the
representative from the private sector and implementation of this Act.
academe, as members. The CICC shall be Section 28. Implementing Rules and
manned by a secretariat of selected existing Regulations. The ICTO-DOST, the DOJ
personnel and representatives from the and the Department of the Interior and Local
different participating agencies.
1wphi1

Government (DILG) shall jointly formulate the

Section 26. Powers and Functions. The necessary rules and regulations within ninety
CICC shall have the following powers and (90) days from approval of this Act, for its
functions: effective implementation.
(a) To formulate a national cybersecurity Section 29. Separability Clause If any
plan and extend immediate assistance for provision of this Act is held invalid, the other
the suppression of real-time commission provisions not affected shall remain in full
of cybercrime offenses through a force and effect.
computer emergency response team Section 30. Repealing Clause. All laws,
(CERT); decrees or rules inconsistent with this Act are
(b) To coordinate the preparation of hereby repealed or modified accordingly.
appropriate and effective measures to Section 33(a) of Republic Act No. 8792 or the
prevent and suppress cybercrime "Electronic Commerce Act" is hereby modified
activities as provided for in this Act; accordingly.
(c) To monitor cybercrime cases being Section 31. Effectivity. This Act shall take
bandied by participating law enforcement effect fifteen (15) days after the completion of
and prosecution agencies; its publication in the Official Gazette or in at
least two (2) newspapers of general
(d) To facilitate international cooperation circulation.
on intelligence, investigations, training
and capacity building related to
cybercrime prevention, suppression and Republic of the Philippines
prosecution; Congress of the Philippines
(e) To coordinate the support and Metro Manila
participation of the business sector, local Thirteenth Congress
government units and nongovernment Third Regular Session
organizations in cybercrime prevention
programs and other related projects;
Begun and held in Metro Manila, on Monday,
(f) To recommend the enactment of the nineteenth day of February, two thousand
appropriate laws, issuances, measures seven.
and policies;
(g) To call upon any government agency Republic Act No. 9372
to render assistance in the March 6, 2007
accomplishment of the CICCs mandated
AN ACT TO SECURE THE STATE AND
tasks and functions; and
PROTECT OUR PEOPLE FROM
(h) To perform all other matters related to TERRORISM
cybercrime prevention and suppression,
including capacity building and such other
functions and duties as may be

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Be it enacted by the Senate and the House of d. Article 248 (Murder);
Representatives of the Philippines in e. Article 267 (Kidnapping and Serious
Congress assembled: Illegal Detention);
SECTION 1. Short Title. - This Act shall f. Article 324 (Crimes Involving
henceforth be known as the "Human Security Destruction), or under
Act of 2007."
1. Presidential Decree No.
SEC. 2.Declaration of Policy.- It is declared 1613 (The Law on Arson);
a policy of the State to protect life, liberty, and
property from acts of terrorism, to condemn 2. Republic Act No. 6969
terrorism as inimical and dangerous to the ( To x i c S u b s t a n c e s a n d
national security of the country and to the Hazardous and Nuclear Waste
welfare of the people, and to make terrorism a Control Act of 1990);
crime against the Filipino people, against 3. Republic Act No. 5207,
humanity, and against the law of nations. (Atomic Energy Regulatory
In the implementation of the policy stated and Liability Act of 1968);
above, the State shall uphold the basic rights 4. Republic Act No. 6235 (Anti-
and fundamental liberties of the people as Hijacking Law);
enshrined in the Constitution.
5. Presidential Decree No. 532
The State recognizes that the fight against (Anti-Piracy and Anti-Highway
terrorism requires a comprehensive approach, Robbery Law of 1974); and,
comprising political, economic, diplomatic,
military, and legal means duly taking into 6. Presidential Decree No.
account the root causes of terrorism without 1866, as amended (Decree
acknowledging these as justifications for Codifying the Laws on Illegal
terrorist and/or criminal activities. Such and Unlawful Possession,
measures shall include conflict management Manufacture, Dealing in,
and post-conflict peace-building, addressing Acquisition or Disposition of
the roots of conflict by building state capacity Firearms, Ammunitions or
and promoting equitable economic Explosives)
development. thereby sowing and creating a condition of
Nothing in this Act shall be interpreted as a widespread and extraordinary fear and panic
curtailment, restriction or diminution of among the populace, in order to coerce the
constitutionally recognized powers of the government to give in to an unlawful demand
executive branch of the government. It is to be shall be guilty of the crime of terrorism and
understood, however that the exercise of the shall suffer the penalty of forty (40) years of
constitutionally recognized powers of the imprisonment, without the benefit of parole as
executive department of the government shall provided for under Act No. 4103, otherwise
not prejudice respect for human rights which known as the Indeterminate Sentence Law, as
shall be absolute and protected at all times. amended.

SEC. 3.Terrorism.- Any person who commits SEC. 4.Conspiracy to Commit Terrorism.-
an act punishable under any of the following Persons who conspire to commit the crime of
provisions of the Revised Penal Code: terrorism shall suffer the penalty of forty (40)
years of imprisonment.
a. Article 122 (Piracy in General and
Mutiny in the High Seas or in the There is conspiracy when two or more
Philippine Waters); persons come to an agreement concerning
the commission of the crime of terrorism as
b. Article 134 (Rebellion or defined in Section 3 hereof and decide to
Insurrection); commit the same.
c. Article 134-a (Coup d' Etat), SEC. 5. Accomplice. - Any person who, not
including acts committed by private being a principal under Article 17 of the
persons; Revised Penal Code or a conspirator as

314
defined in Section 4 hereof, cooperates in the Provided, That surveillance, interception and
execution of either the crime of terrorism or recording of communications between lawyers
conspiracy to commit terrorism by previous or and clients, doctors and patients, journalists
simultaneous acts shall suffer the penalty of and their sources and confidential business
from seventeen (17) years, four months one correspondence shall not be authorized.
day to twenty (20) years of imprisonment. SEC. 8. Formal Application for Judicial
SEC. 6.Accessory.- Any person who, having Authorization. - The written order of the
knowledge of the commission of the crime of authorizing division of the Court of Appeals to
terrorism or conspiracy to commit terrorism, track down, tap, listen to, intercept, and record
and without having participated therein, either communications, messages, conversations,
as principal or accomplice under Articles 17 discussions, or spoken or written words of any
and 18 of the Revised Penal Code, takes part person suspected of the crime of terrorism or
subsequent to its commission in any of the the crime of conspiracy to commit terrorism
following manner: (a) by profiting himself or shall only be granted by the authorizing
assisting the offender to profit by the effects of division of the Court of Appeals upon an ex
the crime; (b) by concealing or destroying the parte written application of a police or of a law
body of the crime, or the effects, or enforcement official who has been duly
instruments thereof, in order to prevent its authorized in writing by the Anti-Terrorism
discovery; (c) by harboring, concealing, or Council created in Section 53 of this Act to file
assisting in the escape of the principal or such ex parte application, and upon
conspirator of the crime, shall suffer the examination under oath or affirmation of the
penalty of ten (10) years and one day to applicant and the witnesses he may produce
twelve (12) years of imprisonment. to establish: (a) that there is probable cause to
Notwithstanding the above paragraph, the believe based on personal knowledge of facts
penalties prescribed for accessories shall not or circumstances that the said crime of
be imposed upon those who are such with terrorism or conspiracy to commit terrorism
respect to their spouses, ascendants, has been committed, or is being committed, or
descendants, legitimate, natural, and adopted is about to be committed; (b) that there is
brothers and sisters, or relatives by affinity probable cause to believe based on personal
within the same degrees, with the single knowledge of facts or circumstances that
exception of accessories falling within the evidence, which is essential to the conviction
provisions of subparagraph (a). of any charged or suspected person for, or to
the solution or prevention of, any such crimes,
SEC. 7. Surveillance of Suspects and will be obtained; and, (c) that there is no other
Interception and Recording of effective means readily available for acquiring
Communications. -The provisions of such evidence.
Republic Act No. 4200 (Anti-Wire Tapping
Law) to the contrary notwithstanding, a police SEC. 9. Classification and Contents of the
or law enforcement official and the members Order of the Court. - The written order
of his team may, upon a written order of the granted by the authorizing division of the
Court of Appeals, listen to, intercept and Court of Appeals as well as its order, if any, to
record, with the use of any mode, form, kind extend or renew the same, the original
or type of electronic or other surveillance application of the applicant, including his
equipment or intercepting and tracking application to extend or renew, if any, and the
devices, or with the use of any other suitable written authorizations of the Anti-Terrorism
ways and means for that purpose, any Council shall be deemed and are hereby
communication, message, conversation, declared as classified information: Provided,
discussion, or spoken or written words That the person being surveilled or whose
between members of a judicially declared and communications, letters, papers, messages,
outlawed terrorist organization, association, or conversations, discussions, spoken or written
group of persons or of any person charged words and effects have been monitored,
with or suspected of the crime of terrorism or listened to, bugged or recorded by law
conspiracy to commit terrorism. enforcement authorities has the right to be
informed of the acts done by the law

315
enforcement authorities in the premises or to authorization for another non-extendible
challenge, if he or she intends to do so, the period, which shall not exceed thirty (30) days
legality of the interference before the Court of from the expiration of the original period:
Appeals which issued the written order. The Provided, That the authorizing division of the
written order of the authorizing division of the Court of Appeals is satisfied that such
Court of Appeals shall specify the following: extension or renewal is in the public interest:
(a) the identity, such as name and address, if and Provided, further, That the ex parte
known, of the charged or suspected person application for extension or renewal, which
whose communications, messages, must be filed by the original applicant, has
conversations, discussions, or spoken or been duly authorized in writing by the Anti-
written words are to be tracked down, tapped, Terrorism Council.
listened to, intercepted, and recorded and, in In case of death of the original applicant or in
the case of radio, electronic, or telephonic case he is physically disabled to file the
(whether wireless or otherwise) application for extension or renewal, the one
communications, messages, conversations, next in rank to the original applicant among
discussions, or spoken or written words, the the members of the team named in the
electronic transmission systems or the original written order of the authorizing
telephone numbers to be tracked down, division of the Court of Appeals shall file the
tapped, listened to, intercepted, and recorded application for extension or renewal: Provided,
and their locations or if the person suspected That, without prejudice to the liability of the
of the crime of terrorism or conspiracy to police or law enforcement personnel under
commit terrorism is not fully known, such Section 20 hereof, the applicant police or law
person shall be subject to continuous enforcement official shall have thirty (30) days
surveillance provided there is a reasonable after the termination of the period granted by
ground to do so; (b) the identity (name, the Court of Appeals as provided in the
address, and the police or law enforcement preceding paragraphs within which to file the
organization) of the police or of the law appropriate case before the Public
enforcement official, including the individual Prosecutor's Office for any violation of this
identity (names, addresses, and the police or Act.
law enforcement organization) of the
members of his team, judicially authorized to If no case is filed within the thirty (30)-day
track down, tap, listen to, intercept, and record period, the applicant police or law
the communications, messages, enforcement official shall immediately notify
conversations, discussions, or spoken or the person subject of the surveillance,
written words; (c) the offense or offenses interception and recording of the termination
committed, or being committed, or sought to of the said surveillance, interception and
be prevented; and, (d) the length of time recording. The penalty of ten (10) years and
within which the authorization shall be used or one day to twelve (12) years of imprisonment
carried out. shall be imposed upon the applicant police or
law enforcement official who fails to notify the
SEC. 10. Effective Period of Judicial person subject of the surveillance, monitoring,
Authorization.- Any authorization granted by interception and recording as specified above.
the authorizing division of the Court of
Appeals, pursuant to Section 9(d) of this Act, SEC. 11. Custody of Intercepted and
shall only be effective for the length of time Recorded Communications. - All tapes,
specified in the written order of the authorizing discs, and recordings made pursuant to the
division of the Court of Appeals, which shall authorization of the authorizing division of the
not exceed a period of thirty (30) days from Court of Appeals, including all excerpts and
the date of receipt of the written order of the summaries thereof as well as all written notes
authorizing division of the Court of Appeals by or memoranda made in connection therewith,
the applicant police or law enforcement shall, within forty-eight (48) hours after the
official. expiration of the period fixed in the written
order of the authorizing division of the Court of
The authorizing division of the Court of Appeals or within forty-eight (48) hours after
Appeals may extend or renew the said

316
the expiration of any extension or renewal original written authority granted by the
granted by the authorizing division of the authorizing division of the Court of Appeals.
Court of Appeals, be deposited with the The joint affidavit shall also certify under oath
authorizing Division of the Court of Appeals in that no duplicates or copies of the whole or
a sealed envelope or sealed package, as the any part of any of such tapes, discs, and
case may be, and shall be accompanied by a recordings, and that no duplicates or copies of
joint affidavit of the applicant police or law the whole or any part of any of such excerpts,
enforcement official and the members of his summaries, written notes, and memoranda,
team. have been made, or, if made, that all such
In case of death of the applicant or in case he duplicates and copies are included in the
is physically disabled to execute the required sealed envelope or sealed package, as the
affidavit, the one next in rank to the applicant case may be, deposited with the authorizing
among the members of the team named in the division of the Court of Appeals.
written order of the authorizing division of the It shall be unlawful for any person, police or
Court of Appeals shall execute with the law enforcement official to omit or exclude
members of the team that required affidavit. from the joint affidavit any item or portion
It shall be unlawful for any person, police thereof mentioned in this Section.
officer or any custodian of the tapes, discs Any person, police or law enforcement officer
and recording, and their excerpts and who violates any of the acts prescribed in the
summaries, written notes or memoranda to preceding paragraph shall suffer the penalty
copy in whatever form, to remove, delete, of not less than ten (10) years and one day to
expunge, incinerate, shred or destroy in any twelve (12) years of imprisonment.
manner the items enumerated above in whole
or in part under any pretext whatsoever. SEC. 13. Disposition of Deposited
Material. -The sealed envelope or sealed
Any person who removes, deletes, expunges, package and the contents thereof, which are
incinerates, shreds or destroys the items deposited with the authorizing division of the
enumerated above shall suffer a penalty of not Court of Appeals, shall be deemed and are
less than six years and one day to twelve (12) hereby declared classified information, and
years of imprisonment. the sealed envelope or sealed package shall
SEC. 12. Contents of Joint Affidavit. - The not be opened and its contents (including the
joint affidavit of the police or of the law tapes, discs, and recordings and all the
enforcement official and the individual excerpts and summaries thereof and the
members of his team shall state: (a) the notes and memoranda made in connection
number of tapes, discs, and recordings that therewith) shall not be divulged, revealed,
have been made, as well as the number of read, replayed, or used as evidence unless
excerpts and summaries thereof and the authorized by written order of the authorizing
number of written notes and memoranda, if division of the Court of Appeals, which written
any, made in connection therewith; (b) the order shall be granted only upon a written
dates and times covered by each of such application of the Department of Justice filed
tapes, discs, and recordings; (c) the number before the authorizing division of the Court of
of tapes, discs, and recordings, as well as the Appeals and only upon a showing that the
number of excerpts and summaries thereof Department of Justice has been duly
and the number of written notes and authorized in writing by the Anti-Terrorism
memoranda made in connection therewith that Council to file the application with proper
have been included in the deposit; and (d) the written notice the person whose conversation,
date of the original written authorization communication, message discussion or
granted by the Anti-Terrorism Council to the spoken or written words have been the
applicant to file the ex parte application to subject of surveillance, monitoring, recording
conduct the tracking down, tapping, and interception to open, reveal, divulge, and
intercepting, and recording, as well as the use the contents of the sealed envelope or
date of any extension or renewal of the sealed package as evidence.

317
Any person, law enforcement official or judicial Appeals, tracks down, taps, listens to,
authority who violates his duty to notify in intercepts, and records in whatever manner or
writing the persons subject of the surveillance form any communication, message,
as defined above shall suffer the penalty of six conversation, discussion, or spoken or written
years and one day to eight years of word of a person charged with or suspected of
imprisonment. the crime of terrorism or the crime of
SEC. 14. Application to Open Deposited conspiracy to commit terrorism shall be guilty
Sealed Envelope or Sealed Package. - The of an offense and shall suffer the penalty of
written application with notice to the party ten (10) years and one day to twelve (12)
concerned to open the deposited sealed years of imprisonment.
envelope or sealed package shall clearly state In addition to the liability attaching to the
the purpose or reason: (a) for opening the offender for the commission of any other
sealed envelope or sealed package; (b) for offense, the penalty of ten (10) years and one
revealing or disclosing its classified contents; day to twelve (12) years of imprisonment and
(c) for replaying, divulging, and or reading any the accessory penalty of perpetual absolute
of the listened to, intercepted, and recorded disqualification from public office shall be
communications, messages, conversations, imposed upon any police or law enforcement
discussions, or spoken or written words personnel who maliciously obtained an
(including any of the excerpts and summaries authority from the Court of Appeals to track
thereof and any of the notes or memoranda down, tap, listen to, intercept, and record in
made in connection therewith); [ and, (d) for whatever manner or form any communication,
using any of said listened to, intercepted, and message, conversation, discussion, or spoken
recorded communications, messages, or written words of a person charged with or
conversations, discussions, or spoken or suspected of the crime of terrorism or
written words (including any of the excerpts conspiracy to commit terrorism: Provided,
and summaries thereof and any of the notes That notwithstanding Section 13 of this Act,
or memoranda made in connection therewith) the party aggrieved by such authorization
as evidence. shall be allowed access to the sealed
Any person, law enforcement official or judicial envelope or sealed package and the contents
authority who violates his duty to notify as thereof as evidence for the prosecution of any
defined above shall suffer the penalty of six police or law enforcement personnel who
years and one day to eight years of maliciously procured said authorization.
imprisonment. S E C . 1 7 . P r o s c r i p t i o n o f Te r r o r i s t
SEC. 15. Evidentiary Value of Deposited Organizations, Association, or Group of
Materials. - Any listened to, intercepted, and Persons. - Any organization, association, or
recorded communications, messages, group of persons organized for the purpose of
conversations, discussions, or spoken or engaging in terrorism, or which, although not
written words, or any part or parts thereof, or organized for that purpose, actually uses the
any information or fact contained therein, acts to terrorize mentioned in this Act or to
including their existence, content, substance, sow and create a condition of widespread and
purport, effect, or meaning, which have been extraordinary fear and panic among the
secured in violation of the pertinent provisions populace in order to coerce the government to
of this Act, shall absolutely not be admissible give in to an unlawful demand shall, upon
and usable as evidence against anybody in application of the Department of Justice
any judicial, quasi-judicial, legislative, or before a competent Regional Trial Court, with
a d m i n i s t r a t i v e i n v e s t i g a t i o n , i n q u i r y, due notice and opportunity to be heard given
proceeding, or hearing. to the organization, association, or group of
persons concerned, be declared as a terrorist
SEC. 16. Penalty for Unauthorized or and outlawed organization, association, or
Malicious Interceptions and/or group of persons by the said Regional Trial
Recordings.- Any police or law enforcement Court.
personnel who, not being authorized to do so
by the authorizing division of the Court of

318
SEC. 18. Period of Detention Without the place of apprehension or arrest:
Judicial Warrant of Arrest. - The provisions Provided ,That where the arrest is made
of Article 125 of the Revised Penal Code to during Saturdays, Sundays, holidays or after
the contrary notwithstanding, any police or law office hours, the written notice shall be served
enforcement personnel, who, having been at the residence of the judge nearest the place
duly authorized in writing by the Anti-Terrorism where the accused was arrested.
Council has taken custody of a person The penalty of ten (10) years and one day to
charged with or suspected of the crime of twelve (12) years of imprisonment shall be
terrorism or the crime of conspiracy to commit imposed upon the police or law enforcement
terrorism shall, without incurring any criminal personnel who fails to notify and judge as
liability for delay in the delivery of detained Provided in the preceding paragraph.
persons to the proper judicial authorities,
deliver said charged or suspected person to SEC. 19. Period of Detention in the Event
the proper judicial authority within a period of of an Actual or Imminent Terrorist Attack.-
three days counted from the moment the said In the event of an actual or imminent terrorist
charged or suspected person has been attack, suspects may not be detained for more
apprehended or arrested, detained, and taken than three days without the written approval of
into custody by the said police, or law a municipal, city, provincial or regional official
enforcement personnel: Provided, That the of a Human Rights Commission or judge of
arrest of those suspected of the crime of the municipal, regional trial court, the
terrorism or conspiracy to commit terrorism Sandiganbayan or a justice of the Court of
must result from the surveillance under Appeals nearest the place of the arrest. If the
Section 7 and examination of bank deposits arrest is made during Saturdays, Sundays,
under Section 27 of this Act. holidays or after office hours, the arresting
police or law enforcement personnel shall
The police or law enforcement personnel bring the person thus arrested to the
concerned shall, before detaining the person residence of any of the officials mentioned
suspected of the crime of terrorism, present above that is nearest the place where the
him or her before any judge at the latter's accused was arrested. The approval in writing
residence or office nearest the place where of any of the said officials shall be secured by
the arrest took place at any time of the day or the police or law enforcement personnel
night. It shall be the duty of the judge, among concerned within five days after the date of
other things, to ascertain the identity of the the detention of the persons
police or law enforcement personnel and the concerned: Provided, however, That within
person or persons they have arrested and three days after the detention the suspects,
presented before him or her, to inquire of them whose connection with the terror attack or
the reasons why they have arrested the threat is not established, shall be released
person and determine by questioning and immediately.
personal observation whether or not the
suspect has been subjected to any physical, SEC. 20. Penalty for Failure to Deliver
moral or psychological torture by whom and Suspect to the Proper Judicial Authority
why. The judge shall then submit a written within Three Days. - The penalty of ten (10)
report of what he/she had observed when the years and one day to twelve (12) years of
subject was brought before him to the proper imprisonment shall be imposed upon any
court that has jurisdiction over the case of the police or law enforcement personnel who has
person thus arrested. The judge shall forthwith apprehended or arrested, detained and taken
submit his/her report within three calendar custody of a person charged with or
days from the time the suspect was brought to suspected of the crime of terrorism or
his/her residence or office. conspiracy to commit terrorism and fails to
deliver such charged or suspected person to
Immediately after taking custody of a person the proper judicial authority within the period
charged with or suspected of the crime of of three days.
terrorism or conspiracy to commit terrorism,
the police or law enforcement personnel shall SEC. 21. Rights of a Person under
notify in writing the judge of the court nearest Custodial Detention.- The moment a person

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

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

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

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

323
parte Application to conduct the examination writing to the party concerned not later than
of the said bank deposits, placements, trust three days before the scheduled opening, to
accounts, assets and records, as well as the open, reveal, divulge, and use the contents of
date of any extension or renewal of the the sealed envelope or sealed package as
original written authorization granted by the evidence.
authorizing division of the Court of Appeals; Any person, law enforcement official or judicial
and (g) that the items Enumerated were all authority who violates his duty to notify in
that were found in the bank or financial writing as defined above shall suffer the
institution examined at the time of the penalty of six years and one day to eight
completion of the examination. years of imprisonment.
The joint affidavit shall also certify under oath SEC. 34. Application to Open Deposited
that no duplicates or copies of the information, Bank Materials.- The written application, with
data, excerpts, summaries, notes, notice in writing to the party concerned not
memoranda, working sheets, reports, and later than three days of the scheduled
documents acquired from the examination of opening, to open the sealed envelope or
the bank deposits, placements, trust accounts, sealed package shall clearly state the purpose
assets and records have been made, or, if and reason: (a) for opening the sealed
made, that all such duplicates and copies are envelope or sealed package; (b) for revealing
placed in the sealed envelope or sealed and disclosing its classified contents; and, (c)
package deposited with the authorizing for using the classified information, data,
division of the Court of Appeals. excerpts, summaries, notes, memoranda,
It shall be unlawful for any person, police working sheets, reports, and documents as
officer or custodian of the bank data and evidence.
information obtained after examination of SEC. 35. Evidentiary Value of Deposited
deposits, placements, trust accounts, assets Bank Materials. - Any information, data,
and records to copy, to remove, delete, excerpts, summaries, notes, memoranda,
expunge, incinerate, shred or destroy in any work sheets, reports, or documents acquired
manner the items enumerated above in whole from the examination of the bank deposits,
or in part under any pretext whatsoever, placements, trust accounts, assets and
Any person who copies, removes, deletes, records of: (1) a person charged or suspected
expunges, incinerates, shreds or destroys the of the crime of terrorism or the crime of
items enumerated above shall suffer a penalty conspiracy to commit terrorism; (2) a judicially
of not less than six years and one day to declared and outlawed terrorist organization,
twelve (12) years of imprisonment. association, or group of persons; or (3) a
SEC. 33. Disposition of Bank Materials. - member of such organization, association, or
The sealed envelope or sealed package and group of persons, which have been secured in
the contents thereof, which are deposited with violation of the provisions of this Act, shall
the authorizing division of the Court of absolutely not be admissible and usable as
Appeals, shall be deemed and are hereby evidence against anybody in any judicial,
declared classified information and the sealed quasi-judicial, legislative, or administrative
envelope or sealed package shall not be investigation, inquiry, proceeding, or hearing.
opened and its contents shall not be divulged, SEC. 36. Penalty for Unauthorized or
revealed, read, or used as evidence unless Malicious Examination of a Bank or a
authorized in a written order of the authorizing Financial Institution. - Any person, police or
division of the Court of Appeals, which written law enforcement personnel who examines the
order shall be granted only upon a written deposits, placements, trust accounts, assets,
application of the Department of Justice filed or records in a bank or financial institution of:
before the authorizing division of the Court of (1) a person charged with or suspected of the
Appeals and only upon a showing that the crime of terrorism or the crime of conspiracy
Department of Justice has been duly to commit terrorism; (2) a judicially declared
authorized in writing by the Anti-Terrorism and outlawed terrorist organization,
Council to file the application, with notice in association, or group of persons; or (3) a

324
member of such organization, association, or Fact in Joint Affidavits. - Any false or
group of persons, without being authorized to untruthful statement or misrepresentation of
do so by the Court of Appeals, shall be guilty material fact in the joint affidavits required
of an offense and shall suffer the penalty of respectively in Section 12 and Section 32 of
ten (10) years and one day to twelve (12) this Act shall constitute a criminal offense and
years of imprisonment. the affiants shall suffer individually the penalty
In addition to the liability attaching to the of ten (10) years and one day to twelve (12)
offender for the commission of any other years of imprisonment.
offense, the penalty of ten (10) years and one SEC. 39. Seizure and Sequestration. - The
day to twelve (12) years of imprisonment shall deposits and their outstanding balances,
be imposed upon any police or law placements, trust accounts, assets, and
enforcement personnel, who maliciously records in any bank or financial institution,
obtained an authority from the Court of moneys, businesses, transportation and
Appeals to examine the deposits, placements, communication equipment, supplies and other
trust accounts, assets, or records in a bank or implements, and property of whatever kind
financial institution of: (1) a person charged and nature belonging: (1) to any person
with or suspected of the crime of terrorism or suspected of or charged before a competent
conspiracy to commit terrorism; (2) a judicially Regional Trial Court for the crime of terrorism
declared and outlawed terrorist organization, or the crime of conspiracy to commit terrorism;
association, or group of persons; or (3) a (2) to a judicially declared and outlawed
member of such organization, association, or organization, association, or group of persons;
group of persons: Provided, That or (3) to a member of such organization,
notwithstanding Section 33 of this Act, the association, or group of persons shall be
party aggrieved by such authorization shall seized, sequestered, and frozen in order to
upon motion duly filed be allowed access to prevent their use, transfer, or conveyance for
the sealed envelope or sealed package and purposes that are inimical to the safety and
the contents thereof as evidence for the security of the people or injurious to the
prosecution of any police or law enforcement interest of the State.
personnel who maliciously procured said The accused or a person suspected of may
authorization. withdraw such sums as may be reasonably
SEC. 37. Penalty of Bank Officials and needed by the monthly needs of his family
Employees Defying a Court including the services of his or her counsel
Authorization. - An employee, official, or a and his or her family's medical needs upon
member of the board of directors of a bank or approval of the court. He or she may also use
financial institution, who refuses to allow the any of his property that is under seizure or
examination of the deposits, placements, trust sequestration or frozen because of his/her
accounts, assets, and records of: (1) a person indictment as a terrorist upon permission of
charged with or suspected of the crime of the court for any legitimate reason.
terrorism or the crime of conspiracy to commit Any person who unjustifiably refuses to follow
terrorism; (2) a judicially declared and the order of the proper division of the Court of
outlawed organization, association, or group Appeals to allow the person accused of the
of persons; or (3) a member of such judicially crime of terrorism or of the crime of
declared and outlawed organization, conspiracy to commit terrorism to withdraw
association, or group of persons in said bank such sums from sequestered or frozen
or financial institution, when duly served with deposits, placements, trust accounts, assets
the written order of the authorizing division of and records as may be necessary for the
the Court of Appeals, shall be guilty of an regular sustenance of his/her family or to use
offense and shall suffer the penalty of ten (10) any of his/her property that has been seized,
years and one day to twelve (12) years of sequestered or frozen for legitimate purposes
imprisonment. while his/her case is pending shall suffer the
SEC. 38. Penalty for False or Untruthful penalty of ten (10) years and one day to
Statement or Misrepresentation of Material twelve (12) years of imprisonment.

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SEC. 40. Nature of Seized. Sequestered Five hundred thousand pesos (P500.000.00)
and Frozen Bank Deposits, Placements, a day for the period in which his properties,
Trust Accounts, Assets and Records.- The assets or funds were seized shall be paid to
seized, sequestered and frozen bank him on the concept of liquidated damages.
deposits, placements, trust accounts, assets The amount shall be taken from the
and records belonging to a person suspected appropriations of the police or law
of or charged with the crime of terrorism or enforcement agency that caused the filing of
conspiracy to commit terrorism shall be the enumerated charges against him/her.
deemed as property held in trust by the bank SEC. 42.Penalty for Unjustified Refusal to
or financial institution for such person and the Restore or Delay in Restoring Seized,
government during the pendency of the Sequestered and Frozen Bank Deposits,
investigation of the person suspected of or Placements, Trust Accounts, Assets and
during the pendency of the trial of the person Records. - Any person who unjustifiably
charged with any of the said crimes, as the refuses to restore or delays the restoration of
case may be and their use or disposition while seized, sequestered and frozen bank
the case is pending shall be subject to the deposits, placements, trust accounts, assets
approval of the court before which the case or and records of a person suspected of or
cases are pending. charged with the crime of terrorism or
SEC. 41. Disposition of the Seized, conspiracy to commit terrorism after such
Sequestered and Frozen Bank Deposits, suspected person has been found innocent by
Placements, Trust Accounts, Assets and the investigating body or after the case
Record. - If the person suspected of or against such charged person has been
charged with the crime of terrorism or dismissed or after he is acquitted by a
conspiracy to commit terrorism is found, after competent court shall suffer the penalty of ten
his investigation, to be innocent by the (10) years and one day to twelve (12) years of
investigating body, or is acquitted, after his imprisonment.
arraignment or his case is dismissed before SEC. 43. Penalty for the Loss, Misuse,
his arraignment by a competent court, the Diversion or Dissipation of Seized,
seizure, sequestration and freezing of his Sequestered and Frozen Bank Deposits,
bank deposits, placements, trust accounts, Placements, Trust Accounts, Assets and
assets and records shall forthwith be deemed Records.- Any person who is responsible for
lifted by the investigating body or by the the loss, misuse, diversion, or dissipation of
competent court, as the case may be, and his the whole or any part of the seized,
bank deposits, placements, trust accounts, sequestered and frozen bank deposits,
assets and records shall be deemed released placements, trust accounts, assets and
from such seizure, sequestration and freezing, records of a person suspected of or charged
and shall be restored to him without any delay with the crime of terrorism or conspiracy to
by the bank or financial institution concerned commit terrorism shall suffer the penalty of ten
without any further action on his part. The (10) years and one day to twelve (12) years of
fi l i n g o f a n y a p p e a l o n m o t i o n f o r imprisonment.
reconsideration shall not state the release of
said funds from seizure, sequestration and SEC. 44. Infidelity in the Custody of
freezing. Detained Persons. - Any public officer who
has direct custody of a detained person or
If the person charged with the crime of under the provisions of this Act and who by his
terrorism or conspiracy to commit terrorism is deliberate act, misconduct, or inexcusable
convicted by a final judgment of a competent negligence causes or allows the escape of
trial court, his seized, sequestered and frozen such detained person shall be guilty of an
bank deposits, placements, trust accounts, offense and shall suffer the penalty of: (a)
assets and records shall be automatically twelve (12) years and one day to twenty (20)
forfeited in favor of the government. years of imprisonment, if the detained person
Upon his or her acquittal or the dismissal of has already been convicted and sentenced in
the charges against him or her, the amount of a final judgment of a competent court; and (b)

326
six years and one day to twelve (12) years of felony which is necessarily included in the
imprisonment, if the detained person has not offense charged under this Act.
been convicted and sentenced in a final SEC. 50.Damages for Unproven Charge of
judgment of a competent court. Terrorism. - Upon acquittal, any person who
SEC. 45. Immunity and Protection of is accused of terrorism shall be entitled to the
Government Witnesses. - The provisions of payment of damages in the amount of Five
Republic Act No. 6981 (Witness Protection, hundred thousand pesos (P500,000.00) for
Security and Benefits Act) to the contrary every day that he or she has been detained or
notwithstanding, the immunity of government deprived of liberty or arrested without a
witnesses testifying under this Act shall be warrant as a result of such an accusation. The
governed by Sections 17 and 18 of Rule 119 amount of damages shall be automatically
of the Rules of Court: Provided, however, That charged against the appropriations of the
said witnesses shall be entitled to benefits police agency or the Anti-Terrorism Council
granted to witnesses under said Republic Act that brought or sanctioned the filing of the
No.6981. charges against the accused. It shall also be
SEC. 46. Penalty for Unauthorized released within fifteen (15) days from the date
Revelation of Classified Materials. - The of the acquittal of the accused. The award of
penalty of ten (10) years and one day to damages mentioned above shall be without
twelve (12) years of imprisonment shall be prejudice to the right of the acquitted accused
imposed upon any person, police or law to file criminal or administrative charges
enforcement agent, judicial officer or civil against those responsible for charging him
servant who, not being authorized by the with the case of terrorism.
Court of Appeals to do so, reveals in any Any officer, employee, personnel, or person
manner or form any classified information who delays the release or refuses to release
under this Act. the amounts awarded to the individual
SEC. 47. Penalty for Furnishing False acquitted of the crime of terrorism as directed
Evidence, Forged Document, or Spurious in the paragraph immediately preceding shall
Evidence. - The penalty of twelve (12) years s u ff e r t h e p e n a l t y o f s i x m o n t h s o f
and one day to twenty (20) years of imprisonment.
imprisonment shall be imposed upon any If the deductions are less than the amounts
person who knowingly furnishes false due to the detained persons, the amount
testimony, forged document or spurious needed to complete the compensation shall
evidence in any investigation or hearing under be taken from the current appropriations for
this Act. intelligence, emergency, social or other funds
SEC. 48. Continuous Trial. - In cases of of the Office of the President.
terrorism or conspiracy to commit terrorism, In the event that the amount cannot be
the judge shall set the continuous trial on a covered by the current budget of the police or
daily basis from Monday to Friday or other law enforcement agency concerned, the
short-term trial calendar so as to ensure amount shall be automatically included in the
speedy trial. appropriations of the said agency for the
SEC. 49.Prosecution Under This Act Shall coming year.
be a Bar to Another Prosecution under the SEC. 51. Duty to Record and Report the
Revised Penal Code or any Special Penal Name and Address of the Informant. - The
Laws.- When a person has been prosecuted police or law enforcement officers to whom
under a provision of this Act, upon a valid the name or a suspect in the crime of
complaint or information or other formal terrorism was first revealed shall record the
charge sufficient in form and substance to real name and the specific address of the
sustain a conviction and after the accused had informant.
pleaded to the charge, the acquittal of the The police or law enforcement officials
accused or the dismissal of the case shall be concerned shall report the informant's name
a bar to another prosecution for any offense or and address to their superior officer who shall

327
transmit the information to the Congressional The Council shall formulate and adopt
Oversight Committee or to the proper court comprehensive, adequate, efficient, and
within five days after the suspect was placed effective anti-terrorism plans, programs, and
under arrest or his properties were counter-measures to suppress and eradicate
sequestered, seized or frozen. terrorism in the country and to protect the
The name and address of the informant shall people from acts of terrorism. Nothing herein
be considered confidential and shall not be shall be interpreted to empower the Anti-
unnecessarily revealed until after the Terrorism Council to exercise any judicial or
proceedings against the suspect shall have quasi-judicial power or authority.
been terminated. SEC. 54. Functions of the Council. - In
SEC. 52.Applicability of the Revised Penal pursuit of its mandate in the previous Section,
Code. - The provisions of Book I of the the Council shall have the following functions
Revised Penal Code shall be applicable to this with due regard for the rights of the people as
Act. mandated by the Constitution and pertinent
laws:
SEC. 53. Anti-Terrorism Council. - An Anti-
Terrorism Council, hereinafter referred to, for 1. Formulate and adopt plans,
brevity, as the "Council," is hereby created. programs and counter-measures
The members of the Council are: (1) the against terrorists and acts of terrorism
Executive Secretary, who shall be its in the country;
Chairperson; (2) the Secretary of Justice, who 2. Coordinate all national efforts to
shall be its Vice Chairperson; and (3) the suppress and eradicate acts of
Secretary of Foreign Affairs; (4) the Secretary terrorism in the country and mobilize
of National Defense; (5) the Secretary of the the entire nation against terrorism
Interior and Local Government; (6) the prescribed in this Act;
Secretary of Finance; and (7) the National 3. Direct the speedy investigation and
Security Advisor, as its other members. prosecution of all persons accused or
The Council shall implement this Act and detained for the crime of terrorism or
assume the responsibility for the proper and conspiracy to commit terrorism and
effective implementation of the anti-terrorism other offenses punishable under this
policy of the country. The Council shall keep Act, and monitor the progress of their
records of its proceedings and decisions. All cases;
records of the Council shall be subject to such 4. Establish and maintain
security classifications as the Council may, in comprehensive data-base information
its judgment and discretion, decide to adopt to system on terrorism, terrorist activities,
safeguard the safety of the people, the and counter-terrorism operations;
security of the Republic, and the welfare of the
nation. 5. Freeze the funds property, bank
deposits, placements, trust accounts,
The National Intelligence Coordinating Agency assets and records belonging to a
shall be the Secretariat of the Council. The person suspected of or charged with
Council shall define the powers, duties, and the crime of terrorism or conspiracy to
functions of the National Intelligence commit terrorism, pursuant to
Coordinating Agency as Secretariat of the Republic Act No. 9160, otherwise
Council. The National Bureau of Investigation, known as the Anti-Money Laundering
the Bureau of Immigration, the Office of Civil Act of 2001, as amended;
Defense, the Intelligence Service of the Armed
Forces of the Philippines, the Anti-Money 6. Grant monetary rewards and other
Laundering Council, the Philippine Center on incentives to informers who give vital
Transnational Crime, and the Philippine information leading to the
National Police intelligence and investigative apprehension, arrest, detention,
elements shall serve as support agencies for prosecution, and conviction of person
the Council. or persons who are liable for the crime

328
 of terrorism or conspiracy to commit Solicitors General designated by the Solicitor
terrorism; General, and the regional prosecutors of the
7. Establish and maintain coordination DOJ assigned to the regions where the
with and the cooperation and Deputy Ombudsmen hold office shall be
assistance of other nations in the members thereof. The three subcommittees
struggle against international shall assist the Grievance Committee in
terrorism; and receiving, investigating and evaluating
complaints against the police and other law
8. Request the Supreme Court to enforcement officers in the implementation of
designate specific divisions of the this Act. If the evidence warrants it, they may
Court of Appeals and Regional Trial file the appropriate cases against the erring
Courts in Manila, Cebu City and police and law enforcement officers. Unless
Cagayan de Oro City, as the case may seasonably disowned or denounced by the
be, to handle all cases involving the complainants, decisions or judgments in the
crime of terrorism or conspiracy to said cases shall preclude the filing of other
commit terrorism and all matters cases based on the same cause or causes of
incident to said crimes. The Secretary action as those that were filed with the
of Justice shall assign a team of Grievance Committee or its branches.
prosecutors from: (a) Luzon to handle
terrorism cases filed in the Regional SEC. 57.Ban on Extraordinary Rendition.-
Trial Court in Manila; (b) from the No person suspected or convicted of the
Visayas to handle cases filed in Cebu crime of terrorism shall be subjected to
City; and (c) from Mindanao to handle extraordinary rendition to any country unless
cases filed in Cagayan de Oro City. his or her testimony is needed for terrorist
related police investigations or judicial trials in
SEC. 55. Role of the Commission on the said country and unless his or her human
Human Rights.- The Commission on Human rights, including the right against torture, and
Rights shall give the highest priority to the right to counsel, are officially assured by the
investigation and prosecution of violations of requesting country and transmitted
civil and political rights of persons in relation accordingly and approved by the Department
to the implementation of this Act; and for this of Justice.
purpose, the Commission shall have the
concurrent jurisdiction to prosecute public SEC. 58. Extra-Territorial Application of
officials, law enforcers, and other persons who this Act. - Subject to the provision of an
may have violated the civil and political rights existing treaty of which the Philippines is a
of persons suspected of, or detained for the signatory and to any contrary provision of any
crime of terrorism or conspiracy to commit law of preferential application, the provisions
terrorism. of this Act shall apply: (1) to individual persons
who commit any of the crimes defined and
S E C . 5 6 . C r e a t i o n o f a G r i e v a n c e punished in this Act within the terrestrial
Committee. - There is hereby created a domain, interior waters, maritime zone, and
Grievance Committee composed of the airspace of the Philippines; (2) to individual
Ombudsman, as chair, and the Solicitor persons who, although physically outside the
General, and an undersecretary from the territorial limits of the Philippines, commit,
Department of Justice (DOJ), as members, to conspire or plot to commit any of the crimes
receive and evaluate complaints against the defined and punished in this Act inside the
actuations of the police and law enforcement territorial limits of the Philippines; (3) to
officials in the implementation of this Act. The individual persons who, although physically
Committee shall hold office in Manila. The outside the territorial limits of the Philippines,
Committee shall have three subcommittees commit any of the said crimes on board
that will be respectively headed by the Deputy Philippine ship or Philippine airship; (4) to
Ombudsmen in Luzon, the Visayas and individual persons who commit any of said
Mindanao. The subcommittees shall crimes within any embassy, consulate, or
respectively hold office at the Offices of diplomatic premises belonging to or occupied
Deputy Ombudsman. Three Assistant by the Philippine government in an official

329
capacity; (5) to individual persons who, to reassess the effects of globalization on
although physically outside the territorial limits terrorist activities on the people, provide a
of the Philippines, commit said crimes against sunset clause to or amend any portion of the
Philippine citizens or persons of Philippines Act or to repeal the Act in its entirety. The
descent, where their citizenship or ethnicity courts dealing with anti-terrorism cases shall
was a factor in the commission of the crime; submit to Congress and the President a report
and (6) to individual persons who, although every six months of the status of anti-terrorism
physically outside the territorial limits of the cases that have been filed with them starting
Philippines, commit said crimes directly from the date this Act is implemented.
against the Philippine government. SEC. 60. Separability Clause. - If for any
SEC. 59. Joint Oversight Committee. - reason any part or provision of this Act is
There is hereby created a Joint Oversight declared unconstitutional or invalid, the other
Committee to oversee the implementation of parts or provisions hereof which are not
this Act. The Oversight Committee shall be affected thereby shall remain and continue to
composed of five members each from the be in full force and effect.
Senate and the House in addition to the SEC. 61. Repealing Clause. - All laws,
Chairs of the Committees of Public Order of decrees, executive orders, rules or regulations
both Houses who shall also Chair the or parts thereof, inconsistent with the
Oversight Committee in the order specified provisions of this Act are hereby repealed,
herein. The membership of the Committee for amended, or modified accordingly.
every House shall at least have two opposition
or minority members. The Joint Oversight SEC. 62. Special Effectivity Clause. - After
Committee shall have its own independent the bill shall have been signed into law by the
counsel. The Chair of the Committee shall President, the Act shall be published in three
rotate every six months with the Senate newspapers of national circulation; three
chairing it for the first six months and the newspapers of local circulation, one each in
House for the next six months. In every case, llocos Norte, Baguio City and Pampanga;
the ranking opposition or minority member of three newspapers of local circulation, one
the Committee shall be the Vice Chair. Upon each in Cebu, lloilo and Tacloban; and three
the expiration of one year after this Act is newspapers of local circulation, one each in
approved by the President, the Committee Cagayan de Oro, Davao and General Santos
shall review the Act particularly the provision city.
that authorize the surveillance of suspects of The title of the Act and its provisions defining
or persons charged with the crime of the acts of terrorism that are punished shall be
terrorism. To that end, the Committee shall aired everyday at primetime for seven days,
summon the police and law enforcement morning, noon and night over three national
officers and the members of the Anti-Terrorism television and radio networks; three radio and
Council and require them to answer questions television networks, one each in Cebu,
from the members of Congress and to submit Tacloban and lloilo; and in five radio and
a written report of the acts they have done in television networks, one each in Lanao del
the implementation of the law including the Sur, Cagayan de Oro, Davao City, Cotabato
manner in which the persons suspected of or City and Zamboanga City. The publication in
charged with the crime of terrorism have been the newspapers of local circulation and the
dealt with in their custody and from the date announcements over local radio and television
when the movements of the latter were networks shall be done in the dominant
subjected to surveillance and his or her language of the community. After the
correspondences, messages, conversations publication required above shall have been
and the like were listened to or subjected to done, the Act shall take effect two months
monitoring, recording and tapping. Without after the elections are held in May 2007.
prejudice to its submitting other reports, the Thereafter, the provisions of this Act shall be
Committee shall render a semiannual report to automatically suspended one month before
both Houses of Congress. The report may and two months as after the holding of any
include where necessary a recommendation election.

330
 under custodial investigation. If such
person cannot afford the services of
his own counsel, he must be provided
with a competent and independent
counsel by the investigating officer.
lawphi1

(c) The custodial investigation report

shall be reduced to writing by the
investigating officer, provided that
Republic of the Philippines before such report is signed, or
Congress of the Philippines thumbmarked if the person arrested or
Metro Manila detained does not know how to read
and write, it shall be read and
Eighth Congress
adequately explained to him by his
counsel or by the assisting counsel
Republic Act No. 7438 provided by the investigating officer in
the language or dialect known to such
April 27, 1992 arrested or detained person,
otherwise, such investigation report
AN ACT DEFINING CERTAIN RIGHTS OF shall be null and void and of no effect
PERSON ARRESTED, DETAINED OR whatsoever.
UNDER CUSTODIAL INVESTIGATION AS
WELL AS THE DUTIES OF THE (d) Any extrajudicial confession made
A R R E S T I N G , D E TA I N I N G A N D by a person arrested, detained or
I N V E S T I G AT I N G O F F I C E R S , A N D under custodial investigation shall be
PROVIDING PENALTIES FOR VIOLATIONS in writing and signed by such person
THEREOF in the presence of his counsel or in the
latter's absence, upon a valid waiver,
Be it enacted by the Senate and House of and in the presence of any of the
Representatives of the Philippines in parents, elder brothers and sisters, his
Congress assembled:: spouse, the municipal mayor, the
Section 1. Statement of Policy. It is the municipal judge, district school
policy of the Senate to value the dignity of supervisor, or priest or minister of the
every human being and guarantee full respect gospel as chosen by him; otherwise,
for human rights. such extrajudicial confession shall be
inadmissible as evidence in any
Section 2. Rights of Persons Arrested, proceeding.
Detained or Under Custodial Investigation;
Duties of Public Officers. (e) Any waiver by a person arrested or
detained under the provisions of
(a) Any person arrested detained or Article 125 of the Revised Penal
under custodial investigation shall at Code, or under custodial investigation,
all times be assisted by counsel. shall be in writing and signed by such
(b) Any public officer or employee, or person in the presence of his counsel;
anyone acting under his order or his otherwise the waiver shall be null and
place, who arrests, detains or void and of no effect.
investigates any person for the (f) Any person arrested or detained or
commission of an offense shall inform under custodial investigation shall be
the latter, in a language known to and allowed visits by or conferences with
understood by him, of his rights to any member of his immediate family,
remain silent and to have competent or any medical doctor or priest or
and independent counsel, preferably religious minister chosen by him or by
of his own choice, who shall at all any member of his immediate family
times be allowed to confer privately or by his counsel, or by any national
with the person arrested, detained or non-governmental organization duly

331
 accredited by the Commission on In the absence of any lawyer, no custodial
Human Rights of by any international investigation shall be conducted and the
non-governmental organization duly suspected person can only be detained by the
accredited by the Office of the investigating officer in accordance with the
President. The person's "immediate provisions of Article 125 of the Revised Penal
family" shall include his or her spouse, Code.
fianc or fiance, parent or child, Section 4. Penalty Clause. (a) Any
brother or sister, grandparent or arresting public officer or employee, or any
grandchild, uncle or aunt, nephew or investigating officer, who fails to inform any
niece, and guardian or ward. person arrested, detained or under custodial
As used in this Act, "custodial investigation" investigation of his right to remain silent and to
shall include the practice of issuing an have competent and independent counsel
"invitation" to a person who is investigated in preferably of his own choice, shall suffer a fine
connection with an offense he is suspected to of Six thousand pesos (P6,000.00) or a
have committed, without prejudice to the penalty of imprisonment of not less than eight
liability of the "inviting" officer for any violation (8) years but not more than ten (10) years, or
of law. both. The penalty of perpetual absolute
Section 3. Assisting Counsel. Assisting disqualification shall also be imposed upon
counsel is any lawyer, except those directly the investigating officer who has been
affected by the case, those charged with previously convicted of a similar offense.
conducting preliminary investigation or those The same penalties shall be imposed
charged with the prosecution of crimes. upon a public officer or employee, or
The assisting counsel other than the anyone acting upon orders of such
government lawyers shall be entitled to the investigating officer or in his place,
following fees; who fails to provide a competent and
independent counsel to a person
(a) The amount of One hundred fifty arrested, detained or under custodial
pesos (P150.00) if the suspected investigation for the commission of an
person is chargeable with light offense if the latter cannot afford the
felonies; lawphi1alf

services of his own counsel.

(b) The amount of Two hundred fifty (b) Any person who obstructs,
pesos (P250.00) if the suspected prevents or prohibits any lawyer, any
person is chargeable with less grave member of the immediate family of a
or grave felonies; person arrested, detained or under
(c) The amount of Three hundred fifty custodial investigation, or any medical
pesos (P350.00) if the suspected doctor or priest or religious minister
person is chargeable with a capital chosen by him or by any member of
offense. his immediate family or by his counsel,
from visiting and conferring privately
The fee for the assisting counsel shall with him, or from examining and
be paid by the city or municipality treating him, or from ministering to his
where the custodial investigation is spiritual needs, at any hour of the day
conducted, provided that if the or, in urgent cases, of the night shall
municipality of city cannot pay such suffer the penalty of imprisonment of
fee, the province comprising such not less than four (4) years nor more
municipality or city shall pay the fee: than six (6) years, and a fine of four
Provided, That the Municipal or City thousand pesos (P4,000.00). lawphi1

Treasurer must certify that no funds

are available to pay the fees of The provisions of the above Section
assisting counsel before the province notwithstanding, any security officer with
pays said fees. custodial responsibility over any detainee or
prisoner may undertake such reasonable

332
measures as may be necessary to secure his
safety and prevent his escape.
Section 5.Repealing Clause. Republic Act
No. No. 857, as amended, is hereby repealed.
Other laws, presidential decrees, executive
orders or rules and regulations, or parts Republic of the Philippines
thereof inconsistent with the provisions of this Congress of the Philippines
Act are repealed or modified accordingly. Metro Manila
Section 6. Effectivity. This Act shall take Eighth Congress
effect fifteen (15) days following its publication
in the Official Gazette or in any daily
newspapers of general circulation in the Republic Act No. 6981
Philippines. April 24, 1991
Approved:April 27, 1992. lawphi1
AN ACT PROVIDING FOR A WITNESS
PROTECTION, SECURITY AND BENEFIT
PROGRAM AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of
Representatives of the Philippines in Congress
assembled::
Section 1. Name of Act. - This Act shall be
known as the "Witness Protection, Security
and Benefit Act".
Section 2. Implementation of Program. - The
Department of Justice, hereinafter referred to as
the Department, through its Secretary, shall
formulate and implement a "Witness Protection,
Security and Benefit Program", hereinafter
referred to as the Program, pursuant to and
consistent with the provisions of this Act.
The Department may call upon any department,
bureau, office or any other executive agency to
assist in the implementation of the Program and
the latter offices shall be under legal duty and
obligation to render such assistance.
Section 3.Admission into the Program.- Any
person who has witnessed or has knowledge or
information on the commission of a crime and
has testified or is testifying or about to testify
before any judicial or quasi-judicial body, or
before any investigating authority, may be
admitted into the Program:
Provided, That:
a) the offense in which his testimony will
be used is a grave felony as defined
under the Revised Penal Code, or its
equivalent under special laws;lawphi1
b) his testimony can be substantially
corroborated in its material points;

333
 c) he or any member of his family within b) to avoid the commission of the
the second civil degree of consanguinity crime;lawphi1
or affinity is subjected to threats to his c) to take all necessary precautions to
life or bodily injury or there is a avoid detection by others of the facts
likelihood that he will be killed, forced, concerning the protection provided him
intimidated, harassed or corrupted to under this Act;
prevent him from testifying, or to testify
falsely, or evasively, because or on d) to comply with legal obligations and
account of his testimony; and civil judgments against him;
d) he is not a law enforcement officer, e) to cooperate with respect to all
even if he would be testifying against reasonable requests of officers and
the other law enforcement officers. In employees of the Government who are
such a case, only the immediate providing protection under this Act; and
members of his family may avail f) to regularly inform the appropriate
themselves of the protection provided program official of his current activities
for under this Act. and address.1awphi1
If the Department, after examination of said Section 6. Breach of the Memorandum of
applicant and other relevant facts, is convinced Agreement. - Substantial breach of the
that the requirements of this Act and its memorandum of agreement shall be a ground
implementing rules and regulations have been for the termination of the protection provided
complied with, it shall admit said applicant to the under this Act: Provided, however, That before
Program, require said witness to execute a terminating such protection, the Secretary of
sworn statement detailing his knowledge or Justice shall send notice to the person involved
information on the commission of the crime, and of the termination of the protection provided
thereafter issue the proper certification. For under this Act, stating therein the reason for
purposes of this Act, any such person admitted such termination.
to the Program shall be known as the Witness.
Section 7. Confidentiality of Proceedings. -
S e c t i o n 4 . W i t n e s s i n L e g i s l a t i v e All proceedings involving application for
Investigations. - In case of legislative admission into the Program and the action taken
investigations in aid of legislation, a witness, thereon shall be confidential in nature. No
with his express consent, may be admitted into information or documents given or submitted in
the Program upon the recommendation of the support thereof shall be released except upon
legislative committee where his testimony is written order of the Department or the proper
needed when in its judgment there is pressing court.
necessity therefor: Provided, That such
recommendation is approved by the President of Any person who violates the confidentiality of
the Senate or the Speaker of the House of said proceedings shall upon conviction be
Representatives, as the case may be. punished with imprisonment of not less than one
(1) year but not more than six (6) years and
Section 5. Memorandum of Agreement With deprivation of the right to hold a public office or
the Person to be Protected.- Before a person employment for a period of five (5) years.
is provided protection under this Act, he shall
first execute a memorandum of agreement Section 8. Rights and Benefits. - The witness
which shall set forth his responsibilities shall have the following rights and benefits:ITC-
including: ALF

a) to testify before and provide (a) To have a secure housing facility

information to all appropriate law until he has testified or until the threat,
enforcement officials concerning all intimidation or harassment disappears
appropriate proceedings in connection or is reduced to a manageable or
with or arising from the activities tolerable level. When the circumstances
involved in the offense charged; warrant, the Witness shall be entitled to
relocation and/or change of personal
identity at the expense of the Program.

334
This right may be extended to any (e) To be provided with free medical
member of the family of the Witness treatment, hospitalization and medicines
within the second civil degree of for any injury or illness incurred or
consanguinity or affinity. suffered by him because of witness duty
in any private or public hospital, clinic, or
(b) The Department shall, whenever
at any such institution at the expense of
practicable, assist the Witness in
the Program.
obtaining a means of livelihood. The
Witness relocated pursuant to this Act (f) If a Witness is killed, because of his
shall be entitled to a financial assistance participation in the Program, his heirs
from the Program for his support and shall be entitled to a burial benefit of not
that of his family in such amount and for l e s s t h a n Te n t h o u s a n d p e s o s
such duration as the Department shall (P10,000.00) from the Program
determine. exclusive of any other similar benefits
he may be entitled to under other
(c) In no case shall the Witness be
existing laws.
removed from or demoted in work
because or on account of his absences (g) In case of death or permanent
due to his attendance before any judicial incapacity, his minor or dependent
or quasi-judicial body or investigating children shall be entitled to free
a u t h o r i t y, i n c l u d i n g l e g i s l a t i v e education, from primary to college level
investigations in aid of legislation, in in any state, or private school, college or
going thereto and in coming therefrom: university as may be determined by the
Provided, That his employer is notified Department, as long as they shall have
through a certification issued by the qualified thereto.
Department, within a period of thirty (30) Section 9. Speedy Hearing or Trial. - In any
days from the date when the Witness case where a Witness admitted into the Program
last reported for work: Provided, further, shall testify, the judicial or quasi-judicial body, or
That in the case of prolonged transfer or investigating authority shall assure a speedy
permanent relocation, the employer hearing or trial and shall endeavor to finish said
shall have the option to remove the proceeding within three (3) months from the
Witness from employment after securing filing of the case.
clearance from the Department upon the
recommendation of the Department of Section 10. State Witness. - Any person who
Labor and Employment. has participated in the commission of a crime
and desires to be a witness for the State, can
Any Witness who failed to report for apply and, if qualified as determined in this Act
work because of witness duty shall be and by the Department, shall be admitted into
paid his equivalent salaries or wages the Program whenever the following
corresponding to the number of days of circumstances are present:
absence occasioned by the Program.
For purposes of this Act, any fraction of (a) the offense in which his testimony
a day shall constitute a full day salary or will be used is a grave felony as defined
wage. This provision shall be applicable under the Revised Penal Code or its
to both government and private equivalent under special laws;
employees. (b) there is absolute necessity for his
(d) To be provided with reasonable testimony;
travelling expenses and subsistence (c) there is no other direct evidence
allowance by the Program in such available for the proper prosecution of
amount as the Department may the offense committed:
determine for his attendance in the
court, body or authority where his (d) his testimony can be substantially
testimony is required, as well as corroborated on its material points;
conferences and interviews with (e) he does not appear to be most guilty;
prosecutors or investigating officers. and

335
 (f) he has not at any time been lawfully obliged to do so, shall be prosecuted for
convicted of any crime involving moral contempt. If he testifies falsely or evasively, he
turpitude. shall be liable to prosecution for perjury. If a
State Witness fails or refuses to testify, or
An accused discharged from an information or
testifies falsely or evasively, or violates any
criminal complaint by the court in order that he
condition accompanying such immunity without
may be a State Witness pursuant to Section 9
just cause, as determined in a hearing by the
and 10 of Rule 119 of the Revised Rules of
proper court, his immunity shall be removed and
Court may upon his petition be admitted to the
he shall be subject to contempt or criminal
Program if he complies with the other
prosecution. Moreover, the enjoyment of all
requirements of this Act. Nothing in this Act shall
rights and benefits under this Act shall be
prevent the discharge of an accused, so that he
deemed terminated.
can be used as a State Witness under Rule 119
of the Revised Rules of Court. The Witness may, however, purge himself of the
contumacious acts by testifying at any
Section 11. Sworn Statement. - Before any
appropriate stage of the proceedings.
person is admitted into the Program pursuant to
the next preceding Section he shall execute a Section 14. Compelled Testimony. - Any
sworn statement describing in detail the manner Witness admitted into the Program pursuant to
in which the offense was committed and his Sections 3 and 10 of this Act cannot refuse to
participation therein. If after said examination of testify or give evidence or produce books,
said person, his sworn statement and other documents, records or writings necessary for the
relevant facts, the Department is satisfied that prosecution of the offense or offenses for which
the requirements of this Act and its implementing he has been admitted into the Program on the
rules are complied with, it may admit such ground of the constitutional right against self-
person into the Program and issue the incrimination but he shall enjoy immunity from
corresponding certification. criminal prosecution and cannot be subjected to
any penalty or forfeiture for any transaction,
If his application for admission is denied, said
matter or thing concerning his compelled
sworn statement and any other testimony given
testimony or books, documents, records and
in support of said application shall not be
writings produced.
admissible in evidence, except for impeachment
purposes. In case of refusal of said Witness to testify or
give evidence or produce books, documents,
Section 12. Effect of Admission of a State
records, or writings, on the ground of the right
Witness into the Program.- The certification of
against self-incrimination, and the state
admission into the Program by the Department
prosecutor or investigator believes that such
shall be given full faith and credit by the
evidence is absolutely necessary for a
provincial or city prosecutor who is required not
successful prosecution of the offense or
to include the Witness in the criminal complaint
offenses charged or under investigation, he, with
or information and if included therein, to petition
the prior approval of the department, shall file a
the court for his discharge in order that he can
petition with the appropriate court for the
utilized as a State Witness. The Court shall
issuance of an order requiring said Witness to
order the discharge and exclusion of the said
testify, give evidence or produce the books,
accused from the information.
documents, records, and writings described, and
Admission into the Program shall entitle such the court shall issue the proper order.
State Witness to immunity from criminal
The court, upon motion of the state prosecutor
prosecution for the offense or offenses in which
or investigator, shall order the arrest and
his testimony will be given or used and all the
detention of the Witness in any jail contiguous to
rights and benefits provided under Section 8
the place of trial or investigation until such time
hereof.
that the Witness is willing to give such testimony
Section 13.Failure or Refusal of the Witness or produce such documentary evidence.
to Testify. - Any Witness registered in the
Section 15.Perjury or Contempt.- No Witness
Program who fails or refuses to testify or to
shall be exempt from prosecution for perjury or
continue to testify without just cause when

336
contempt committed while giving testimony or regulations inconsistent with this Act are hereby
producing evidence under compulsion pursuant repealed or modified accordingly.
to this Act. The penalty next higher in degree Section 20. Funding. - The amount of Ten
shall be imposed in case of conviction for million pesos (P10,000,000.00) is hereby
perjury. The procedure prescribed under Rule 71 authorized to be appropriated out of any funds in
of the Rules of Court shall be followed in t h e N a t i o n a l Tr e a s u r y n o t o t h e r w i s e
contempt proceedings but the penalty to be appropriated to carry into effect the purpose of
imposed shall not be less than one (1) month this Act.
but not more than one (1) year imprisonment.
Expenses incurred in the implementation of the
Section 16. Credibility of Witness. - In all Program may be recovered as part of the cost or
criminal cases, the fact of the entitlement of the indemnity imposed upon the accused.
Witness to the protection and benefits provided
for in this Act shall not be admissible in evidence Furthermore, other funding schemes or sources,
to diminish or affect his credibility. subject to the limitations of the law, shall be
allowed in furtherance hereof.
Section 17. Penalty for Harassment of
Witness.- Any person who harasses a Witness Section 21. Separability Clause. - The
and thereby hinders, delays, prevents or declaration of unconstitutionality or invalidity of
dissuades a Witness from: any provision of this Act shall not affect the other
provisions hereof.
(a) attending or testifying before any
judicial or quasi-judicial body or Section 22. Effectivity. - This Act shall take
investigating authority; effect after fifteen (15) days following its
publication in two (2) newspapers of general
(b) reporting to a law enforcement circulation.
officer or judge the commission or
possible commission of an offense, or a Approved:April 24, 1991lawphi1
violation of conditions or probation,
parole, or release pending judicial
proceedings;
(c) seeking the arrest of another person
in connection with the offense;
(d) causing a criminal prosecution, or a
proceeding for the revocation of a parole
or probation; or
(e) performing and enjoying the rights
and benefits under this Act or attempts
to do so, shall be fined not more than
Three thousand pesos (P3,000.00) or
suffer imprisonment of not less than six
(6) months but not more than one (1)
year, or both, and he shall also suffer
the penalty of perpetual disqualification
from holding public office in case of a
public officer.
Section 18. Rules and Regulations. - The
Department shall promulgate such rules and
regulations as may be necessary to implement
the intent and purposes of this Act. Said rules
and regulations shall be published in two (2)
newspapers of general circulation. Republic of the Philippines
Congress of the Philippines
Section 19. Repealing Clause. - All laws, Metro Manila
decrees, executive issuances, rules and

337
Ninth Congress (e) Knowingly use or receive the direct
benefit of electric service obtained
through any of the acts mentioned in
Republic Act No. 7832 subsections (a), (b), (c), and (d) above.
1awphil@alf
December 8, 1994 Section 3.Theft of Electric Power Transmission
AN ACT PENALIZING THE PILFERAGE OF Lines and Materials. - (a) It is hereby declared
ELECTRICITY AND THEFT OF ELECTRIC unlawful for any person to:
POWER TRANSMISSION LINES/MATERIALS, (1) Cut, saw, slice, separate,
RATIONALIZING SYSTEM LOSSES BY split, severe, smelt, or remove
PHASING OUT PILFERAGE LOSSES AS A any electric power transmission
COMPONENT THEREOF, AND FOR OTHER line/material or meter from a
PURPOSES tower, pole, or any other
Be it enacted by the Senate and House of installation or place of
Representatives of the Philippines in Congress installation or any other place or
assembled:: site where it may be rightfully or
lawfully stored, deposited, kept,
Section 1. Short Title. - This Act shall be stocked, inventoried, situated or
referred to as the "Anti-electricity and Electric located, without the consent of
Transmission Lines/Materials Pilferage Act of the owner, whether or not the
1994." act is done for profit or gain;
Section 2.Illegal Use of Electricity.- It is hereby (2) Take, carry away or remove
declared unlawful for any person, whether or transfer, with or without the
natural or juridical, public or private, to: use of a motor vehicle or other
(a) Tap, make or cause to be made any means of conveyance, any
connection with overhead lines, service electric power transmission line/
drops, or other electric service wires, material or meter from a tower,
without previous authority or consent of pole, any other installation or
the private electric utility or rural electric place of installation, or any
cooperative concerned;1awphil@alf place or site where it may be
rightfully or lawfully stored,
(b) Tap, make or cause to be made any
deposited, kept, stocked,
connection to the existing electric
inventoried, situated or located
service facilities of any duly registered
without the consent of the
consumer without the latter's or the
owner, whether or not the act is
electric utility's consent or authority;
done for profit or gain;
(c) Tamper, install or use a tampered
(3) Store, possess or otherwise
electrical meter, jumper, current
keep in his premises, custody or
reversing transformer, shorting or
control, any electric power
shunting wire, loop connection or any
transmission line/material or
other device which interferes with the
meter without the consent of the
proper or accurate registry or metering
owner, whether or not the act is
of electric current or otherwise results in
done for profit or gain; and
its diversion in a manner whereby
electricity is stolen or wasted; (4) Load, carry, ship or move
from one place to another,
(d) Damage or destroy an electric meter,
whether by land, air or sea, any
equipment, wire or conduit or allow any
electrical power transmission
of them to be so damaged or destroyed
line/material, whether or not the
as to interfere with the proper or
act is done for profit or gain,
accurate metering of electric current;
w i t h o u t fi r s t s e c u r i n g a
and
clearance/permit for the said

338
 purpose from its owner or the electric utility to such person after due notice, (2)
National Power Corporation the holding of a preliminary investigation by the
(NPC) or its regional office prosecutor and the subsequent filing in court of
concerned, as the case may be. the pertinent information, and (3) the lifting of
any temporary restraining order or injunction
(b) For purposes of this section,
which may have been issued against a private
"electrical power transmission line/
electric utility or rural electric cooperative:
material" refers to electric power
transmission steel towers, woodpoles, (i) The presence of a bored hole
cables, wires, insulators, line hardwares, on the glass cover of the electric
electrical conductors and other related meter, or at the back or any
items with a minimum voltage of sixty- other part of said meter;
nine kilovolts (69 kv), such as the (ii) The presence inside the
following: electric meter of salt, sugar and
(1) Steel transmission line other elements that could result
towers made of galvanized steel in the inaccurate registration of
angular members and plates or the meter's internal parts to
creosoted and/or lannelized prevent its accurate registration
woodpoles/ concrete poles and of consumption of electricity;
designed to carry and support (iii) The existence of any wiring
the conductors; connection which affects the
(2) Aluminum conductor steel normal operation or registration
reinforced (ACSR) in excess of of the electric meter;
one hundred (100) MCM; (iv) The presence of a
(3) Overhead ground wires tampered, broken, or fake seal
made of 7 strands of galvanized on the meter, or mutilated,
steel wires, 3.08 millimeters in altered or tampered meter
diameter and designed to recording chart or graph, or
protect the electrical conductors computerized chart, graph, or
from lightning strikes; log;
(4) Insulators made of porcelain (v) The presence in any part of
or glass shell and designed to the building or its premises
insulate the electrical which is subject to the control of
conductors from steel towers or the consumer or on the electric
woodpoles; and meter, of a current reversing
transformer, jumper, shorting
(5) Various transmission line
and/or shunting wire, and/or
hardwares and materials made
loop connection or any other
of aluminum alloy or malleable
similar device;
steel and designed to
interconnect the towers, (vi) The mutilation, alteration,
conductors, ground wires, and reconnection, disconnection,
insulators mentioned in bypassing or tampering of
subparagraphs (1), (2), (3), and instruments, transformers, and
(4) above for the safe and accessories;
reliable operation of the (vii) The destruction of, or
transmission lines.1awphil attempt to destroy, any integral
Section 4. Prima Facie Evidence. - (a) The accessory of the metering
presence of any of the following circumstances device box which encases an
shall constitute prima facie evidence of illegal electric meter, or its metering
use of electricity, as defined in this Act, by the accessories; and
person benefitted thereby, and shall be the basis
for: (1) the immediate disconnection by the

339
 (viii) The acceptance of money his behalf shall have been caught en flagrante
and/or other valuable delicto doing any of the acts enumerated in
consideration by any officer of Section 4(a) hereof, or when any of the
employee of the electric utility circumstances so enumerated shall have been
concerned or the making of discovered for the second time: Provided, That
such an offer to any such officer in the second case, a written notice or warning
or employee for not reporting shall have been issued upon the first discovery:
the presence of any of the Provided, further, That the electric service shall
circumstances enumerated in not be immediately disconnected or shall be
subparagraphs (i), (ii), (iii), (iv), immediately restored upon the deposit of the
(v), (vi), or (vii) hereof: Provided, amount representing the differential billing by the
however, That the discovery of person denied the service, with the private
any of the foregoing electric utility or rural electric cooperative
circumstances, in order to concerned or with the competent court, as the
constitute prima facie evidence, case may be: Provided, furthermore, That if the
must be personally witnessed court finds that illegal use of electricity has not
and attested to by an officer of been committed by the same person, the
the law or a duly authorized amount deposited shall be credited against
representative of the Energy future billings, with legal interest thereon
Regulatory Board (ERB). chargeable against the private utility or rural
electric cooperative, and the utility or
(b) The possession or custody of electric
cooperative shall be made to immediately pay
power transmission line/material by any
such person double the value of the payment or
person, natural or juridical, not engaged
deposit with legal interest, which amount shall
in the transformation, transmission or
likewise be creditable against immediate future
distribution of electric power, or in the
billings, without prejudice to any criminal, civil or
manufacture of such electric power
administrative action that such person may be
transmission line/material shall be prima
entitled to file under existing laws, rules and
facie evidence that such line/material is
regulations: Provided, finally, That if the court
the fruit of the offense defined in Section
finds the same person guilty of such illegal use
3 hereof and therefore such line/material
of electricity, he shall, upon final judgment, be
may be confiscated from the person in
made to pay the electric utility or rural electric
possession, control or custody thereof.
cooperative concerned double the value of the
Section 5.Incentives.- An incentive scheme by estimated electricity illegally used which is
way of a monetary reward in the minimum referred to in this section as differential billing.
amount of Five thousand pesos (P5,000) shall
For purposes of this Act, "differential billing" shall
be given to any person who shall report to the
refer to the amount to be charged to the person
NPC or police authorities any act which may
concerned for the unbilled electricity illegally
constitute a violation of Section 3 hereof. The
consumed by him as determined through the
Department of Energy (DOE), in consultation
use of methodologies which utilize, among
with the NPC, shall issue the necessary
others, as basis for determining the amount of
guidelines for the proper implementation of this
monthly electric consumption in kilowatt-hours to
incentive scheme within thirty (30) days from the
be billed, either: (a) the highest recorded
effectivity of this Act.
monthly consumption within the five-year billing
Section 6. Disconnection of Electric Service. - period preceding the time of the discovery, (b)
The private electric utility or rural electric the estimated monthly consumption as per the
cooperative concerned shall have the right and report of load inspection conducted during the
authority to disconnect immediately the electric time of discovery, (c) the higher consumption
service after serving a written notice or warning between the average consumptions before or
to that effect, without the need of a court or after the highest drastic drop in consumption
administrative order, and deny restoration of the within the five-year billing period preceding the
same, when the owner of the house or discovery, (d) the highest recorded monthly
establishment concerned or someone acting in consumption within four (4) months after the

340
time of discovery, or (e) the result of the ERB conviction, be punished with a penalty one (1)
test during the time of discovery and, as basis degree higher than the penalty provided herein,
for determining the period to be recovered by and forthwith be dismissed and perpetually
the differential billing either: (1) the time when disqualified from employment in any public or
the electric service of the person concerned private utility or service company. Likewise, the
recorded an abrupt or abnormal drop in electric utility concerned which shall have
consumption, or (2) when there was a change in knowingly permitted or having knowledge of its
his service connection such as a change of commission shall have failed to prevent the
meter, change of seal or reconnection, or in the same, or was otherwise guilty of negligence in
absence thereof, a maximum of sixty (60) billing connection with the commission thereof, shall be
months up to the time of discovery: Provided, made to pay a fine not exceeding triple the
however, That such period shall, in no case, be amount of the 'differential billing' subject to the
less than one (1) year preceding the date of discretion of the courts.
discovery of the illegal use of electricity. If the violation is committed by a partnership,
Section 7.Penalties.- (a) Violation of Section 2. firm, corporation, association or any other legal
- The penalty of prision mayor or a fine ranging entity, including a government-owned or -
from Ten thousand pesos (P10,000) to Twenty controlled corporation, the penalty shall be
thousand pesos (P20,000) or both, at the imposed on the president, manager and each of
discretion of the court, shall be imposed on any the officers thereof who shall have knowingly
person found guilty of violating Section 2 hereof. permitted, failed to prevent or was otherwise
responsible for the commission of the offense.
(b) Violation of Section 3. - The penalty
of reclusion temporal or a fine ranging Section 8. Authority to Impose Violation of
from Fifty thousand pesos (P50,000) to Contract Surcharges.- A private electric utility or
One hundred thousand pesos rural electric cooperative may impose
(P100,000) or both at the discretion of surcharges, in addition to the value of the
the court, shall be imposed on any electricity pilfered, on the bills of any consumer
person found guilty of violating Section 3 apprehended for tampering with his electric
hereof. meter/metering facility installed on his premises,
as well as other violations of contract like direct
(c) Provision common to violations of
connection, use of jumper, and other means of
Section 2 and Section 3 hereof. - If the
illicit usage of electricity found installed in the
o f f e n s e i s c o m m i t t e d b y, o r i n
premises of the consumer. The surcharge for the
connivance with, an officer or employee
violation of contract shall be collected from and
of the power company, private electric
paid by the consumer concerned as follows:
utility or rural electric cooperative
concerned, such officer or employee (a) First apprehension. - Twenty five
shall, upon conviction, be punished with percent (25%) of the current bill as
a penalty one (1) degree higher than the surcharge;
penalty provided herein, and forthwith (b) Second apprehension. - Fifty percent
be dismissed and perpetually (50%) of the current bill as surcharge;
disqualified from employment in any and
public or private utility or service
company and from holding any public (c) Third and subsequent
office. apprehensions. - One hundred percent
(100%) of the current bill as surcharge.
If, in committing any of the acts enumerated in
Section 4 hereof, any of the other acts as The private electric utility or rural electric
enumerated is also committed, then the penalty cooperative is authorized to discontinue the
next higher in degree as provided herein shall electric service in case the consumer is in
be imposed. arrears in the payment of the above imposed
surcharges.
If the offense is committed by, or in connivance
with an officer or employee of the electric utility The term 'apprehension' as used herein shall be
concerned, such officer or employee shall, upon understood to mean the discovery of the
presence of any of the circumstances

341
enumerated in Section 4 hereof in the (iv) Nine and a half-percent (9
establishment or outfit of the consumer 1/2%) at the end of the fourth
concerned. year following the effectivity of
this Act.
Section 9. Restriction on the Issuance of
Restraining Orders or Writs of Injunction. - No Provided, That the ERB is hereby
writ of injunction or restraining order shall be authorized to determine at the end of
used by any court against any private electric the fourth year following the effectivity of
utility or rural electric cooperative exercising the this Act, and as often as necessary
right and authority to disconnect electric service taking into account the viability of private
as provided in this Act, unless there is prima electric utilities and the interest of the
facie evidence that the disconnection was made consumers, whether the caps herein or
with evident bad faith or grave abuse of theretofore established shall be reduced
authority. further which shall, in no case, be lower
than nine percent (9%) and accordingly
If, notwithstanding the provisions of this section,
fix the date of the effectivity of the new
a court issues an injunction or restraining order,
caps: Provided, further, That in the
such injunction or restraining order shall be
calculation of the system loss, power
effective only upon the filing of a bond with the
sold by the NPC or any other entity that
court, which shall be in the form of cash or
supplies power directly to a consumer
cashier's check equivalent to the "differential
and not through the distribution system
billing," penalties and other charges, or to the
of the private electric utility shall not be
total value of the subject matter of the action:
counted even if the billing for the said
Provided, however, That such injunction or
power used is through the private
restraining order shall automatically be refused
electric utility.
or, if granted, shall be dissolved upon filing by
the public utility of a counterbond similar in form The term "power sold by NPC or any
and amount as that above required: Provided, other entity that supplies power directly
finally, That whenever such injunction is granted, to a consumer" as used in the preceding
the court issuing it shall, within ten (10) days paragraph shall for purposes of this
from its issuance, submit a report to the section be deemed to be a sale directly
Supreme Court setting forth in detail the grounds to the consumer if: (1) the point of
or reason for its order. metering by the NPC or any other utility
is less than one thousand (1,000)
Section 10. Rationalization of System Losses
meters from the consumer, or (2) the
by Phasing out Pilferage Losses as a
consumer's electric consumption is
Component Thereof . - There is hereby
three percent (3%) or more of the total
established a cap on the recoverable rate of
load consumption of all the customers of
system losses as follows:
the utility, or (3) there is no other
(a) For private electric utilities: consumer connected to the distribution
(i) Fourteen and a half percent line of the utility which connects to the
(14 1/2%) at the end of the first NPC or any other utility point of
year following the effectivity of metering to the consumer meter.
this Act; (b) For rural electric cooperatives:
(ii) Thirteen and one-fourth (i) Twenty-two percent (22%) at
percent (13 1/4%) at the end of the end of the first year following
the second year following the the effectivity of this Act;
effectivity of this Act;
(ii) Twenty percent (20%) at the
(iii) Eleven and three-fourths (11 end of the second year following
3/4%) at the end of the third the effectivity of this Act;
year following the effectivity of
(iii) Eighteen percent (18%) at
this Act; and
the end of the third year

342
 following the effectivity of this in a compromise agreement duly executed by
Act; the parties and approved by the court.
(iv) Sixteen percent (16%) at the Section 13. Information Dissemination. - The
end at the fourth year following private electric utilities, the rural electric
the effectivity of this Act; and cooperatives, the NPC, and the National
Electrification Administration (NEA) shall, in
(v) Fourteen percent (14%) at
cooperation with each other, undertake a
the end of the fifth year following
vigorous campaign to inform their consumers of
the effectivity of this Act.
the provisions of this Act especially Sections 2,
Provided, That the ERB is hereby 3, 4, 5, 6, 7, and 8 hereof, within sixty (60) days
authorized to determine at the end of from the effectivity of this Act and at least once a
the fifth year following the effectivity of year thereafter, and to incorporate a faithful
this Act, and as often as is necessary, condensation of said provisions in the contracts
taking into account the viability of rural with new consumers.
electric cooperatives and the interest of
Section 14. Rules and Regulations. - The ERB
the consumers, whether the caps herein
shall, within thirty (30) working days after the
or theretofore established shall be
conduct of due hearings which must commence
reduced further which shall, in no case,
within thirty (30) working days upon the
be lower than nine percent (9%) and
effectivity of this Act, issue the rules and
accordingly fix the date of the effectivity
regulations as may be necessary to ensure the
of the new caps.
efficient and effective implementation of the
Provided, finally, That in any case provisions of this Act, to include but not limited
nothing in this Act shall impair the to, the development of methodologies for
authority of the ERB to reduce or phase computing the amount of electricity illegally used
out technical or design losses as a and the amount of payment or deposit
component of system losses. contemplated in Section 7 hereof, as a result of
Section 11. Area of Coverage. - The caps the presence of the prima facie evidence
provided in Section 10 of this Act shall apply discovered.
only to the area of coverage of private electric The ERB shall, within the same period, also
utilities and rural electric cooperatives as of the issue rules and regulations on the submission of
date of the effectivity of this Act. the reports required under Section 12 hereof
The permissible levels of recovery for system and the procedure for the distribution to or
losses in areas of coverage that may be added crediting of consumers for recovered pilferage
on by either a private electric utility or a rural losses.
electric cooperative shall be determined by the Section 15.Separability Clause.- Any portion or
ERB. provision of this Act which may be declared
Section 12.Recovery of Pilferage Losses.- Any unconstitutional or invalid shall not have the
private electric utility or rural electric cooperative effect of nullifying other portions or provisions
which recovers any amount of pilferage losses hereof.
shall, within thirty (30) days from said recovery, Section 16. Repealing Clauses. - The
report in writing and under oath to the ERB: (a) provisions in Presidential Decree No. 401, as
the fact of recovery, (b) the date thereof; (c) the amended by Batas Pambansa Blg. 876,
name of the consumer concerned, (d) the penalizing the unauthorized installation of
amount recovered, (e) the amount of pilferage electrical connections, tampering and/or
loss claimed, (f) the explanation for the failure to knowing use of tampered electrical meters or
recover the whole amount claimed, and (g) such other devices, and the theft of electricity are
other particulars as may be required by the hereby expressly repealed. All other laws,
ERB. If there is a case pending in court for the ordinances, rules, regulations, and other
recovery of a pilferage loss, no private electric issuances or parts thereof, which are
utility or rural electric cooperative shall accept inconsistent with this Act, are hereby repealed or
payment from the consumer unless so provided modified accordingly.

343
Section 17. Effectivity Clause. - This Act shall Be it enacted by the Senate and House
take effect thirty (30) days after its publication in of Representatives of the
the Official Gazette or in any two (2) national Philippines in Congress assembled:
newspapers of general circulation.
Approved:December 8, 1994lawphi1 SECTION 1. Short Title. This Act will
be called as the Philippine Passport Act
of 1996.
SEC. 2. Statement of Policy. The
peoples constitutional right to travel is
inviolable. Accordingly, the government
has the duty to issue passport or any
travel document to any citizen of the
Philippines or individual who complies
with the requirement of this Act. The
right to travel may be impaired only
when national security, public safety, or
public health requires. To enhance and
protect the unimpaired exercise of this
right, only minimum requirements for the
application and issuance of passports
and other travel documents shall be
prescribed. Action on such application
and the issuance shall be expedited.
SEC. 3. Definitions. As used in this
Act:
a)Departmentmeans the Department of
Foreign Affairs;
b) Secretary means the Secretary of
Foreign Affairs;
c) Post means a Philippine diplomatic
and consular post such as an Embassy
or Consulate;
Republic of the Philippines
d) Passport means a document issued
Congress of the Philippines
by the Philippine government to its
Metro Manila
citizens and requesting other
Tenth Congress governments to allow its citizens to pass
Second Regular Session safely and freely, and in case of need to
give him/her all lawful aid and
Begun and held in Metro Manila, on
protection;
Monday, the twenty-second
day of July, nineteen hundred and e ) T r a v e l D o c u m e n t m e a n s a
ninety-six. certification or identifying document
containing the description and other
REPUBLIC ACT NO. 8239 personal circumstances of its bearer,
PHILIPPINE PASSPORT ACT OF 1996 issued for direct travel to and from the

344
Philippines valid for short periods or a Filipino citizen is at stake: Provided,
particular trip. It is issued only to finally, That refusal or cancellation of a
persons whose claim to Philippine passport would not prevent the issuance
citizenship is doubtful or who fall under of a Travel Document to allow for a safe
the category enumerated in SEC. 13 of return journey by a Filipino to the
this Act; Philippines.
f) Supporting Documents mean any SEC. 5. Requirements for the Issuance
paper or document which is required to of Passport. No passport shall be
be submitted with the passport issued to an applicant unless the
application supporting claims to Filipino Secretary or his duly authorized
citizenship to complete the application representative is satisfied that the
for a passport without which such applicant is a Filipino citizen who has
application would be deemed complied with the following
incomplete or otherwise become subject requirements:
to denial by the issuing authority; a) A duly accomplished application form
g) Ambassadors mean those who have and photographs of such number, size
been appointed as chiefs of mission and and style as may be prescribed by the
have served as Ambassador Department;
Extraordinary and Plenipotentiary. b) The birth certificate duly issued or
SEC. 4. Authority to Issue, Deny, authenticated by the Office of the Civil
Restrict or Cancel. Upon the R e g i s t r a r G e n e r a l : P r o v i d e d ,
application of any qualified Filipino however, That if the birth of the
citizen, the Secretary of Foreign Affairs applicant has not been registered yet, or
or any of his authorized consular officer if his birth certificate is destroyed,
may issue passports in accordance with damaged, or not available due to other
this Act. causes, he shall apply for delayed
Philippine consular officers in a foreign registration of his birth with the Office of
country shall be authorized by the the Civil Registrar General which shall
Secretary to issue, verify, restrict, cancel issue to said applicant a certification of
or refuse a passport in the area of pending application for delayed
jurisdiction of the Post in accordance registration of birth attaching thereto a
with the provisions of this Act. copy of an accomplished certificate of
live birth. Such certification and the
In the interest of national security, public accomplished certificate of live birth
safety and public health, the Secretary shall be sufficient to support an
or any of the authorized consular application for passport in addition to
officers may, after due hearing and in other papers which the Department may
their proper discretion, refuse to issue a require from the applicant;
passport, or restrict its use or withdraw
or cancel a passport: Provided, c) In the absence of a birth certificate, a
however, That such act shall not mean a baptismal certificate for those who are
loss or doubt on the persons members of a Christian religious
citizenship: Provided, further, That the organization, or similar or equivalent
issuance of a passport may not be certificate issued by a non-Christian
denied if the safety and interest of the religious group, attesting to the

345
applicants having been admitted to f) For an applicant who has not reached
such religious group or sect at an early the age of majority, an affidavit of
age and where it is indicated that the consent from a parent as indicated in
applicant is a Filipino citizen, which the passport application if the minor is
should be accompanied by a joint travelling with either parent, and a
affidavit by two (2) persons who have clearance from the Department of Social
personal knowledge of the applicant and Welfare and Development, if the minor
of such age as to credibly state the is travelling with a legal guardian or a
applicants date and place of birth, person other than a parent;
citizenship, and names of g) If the applicant is an adopted person,
parents:Provided,That Filipinos who do the duly certified copy of court order of
not believe in any religion and whose adoption, together with the original and
parents for any reason failed to have the amended birth certificates duly issued
said applicant baptized shall be and authenticated by the Office of the
exempted from the baptismal certificate Civil Registrar General shall be
requirement: Provided, further, That in presented: Provided, That in case the
lieu thereof, the applicant shall execute adopted person is an infant or a minor
a n a f fi d a v i t t o t h a t e f f e c t d u l y or the applicant is for adoption by
corroborated by affidavit of at least two foreign parents, an authority from the
(2) persons of good reputation who Department of Social Welfare and
personally know such fact: Development shall be
d) In case of a woman who is married, required: Provided, further, That the
separated, divorced or widowed or adopting foreign parents shall also
whose marriage has been annulled or submit a certificate from their embassy
declared by court as void, a copy of the or consulate that they are qualified to
certificate of marriage, court decree of adopt such infant or minor child;
separation, divorce or annulment or h) In case of discrepancy between the
certificate of death of the deceased applicants name in the birth certificate
spouse duly issued and authenticated and in any other private documents, the
by the Office of the Civil Registrar former shall prevail over the latter
General: Provided, That in case of a unless by operation of law or through
divorce decree, annulment or court order, the applicant is permitted to
declaration of marriage as void, the use name other than what is officially
woman applicant may revert to the use recorded in the Civil Register; and
o f h e r m a i d e n n a m e : P r o v i d e d ,
further, That such divorce is recognized i) If the applicant is a government
under existing laws of the Philippines; employee, the travel authority issued by
the head of department, agency or
e) In the case of naturalized citizens, a office, may be required only if said
certified copy of the naturalization applicant is applying for an official
certificate; or a certified naturalization passport.
certificate of husband or parent duly
issued and authenticated by the Office SEC. 6. Application. The application
of the Civil Registrar General if may be filed by:
citizenship is claimed through a) The applicant himself or herself; or
naturalization of spouse or parent;

346
b) The parent or legal guardian on 7. Members of the Congress when on
behalf of an applicant who is below the official mission abroad or as delegates
age of majority. to international conferences;
In case of first time applicants, the 8. The Governor of the Bangko Sentral
applicant must present himself/herself in n g P i l i p i n a s a n d d e l e g a t e s t o
person to prove that he or she is the international or regional conferences
same person and of the age claimed in when on official mission or accorded full
the application form. In case of renewal powers by the President; and
the application may be filed by any 9. Spouses and unmarried minor
licensed travel agency duly accredited children of the above-mentioned officials
by the Department of Foreign when accompanying or following to join
Affairs: Provided, That the agent shall them in an official mission abroad.
be responsible for the authenticity
o r b o n a fi d e o f t h e s u p p o r t i n g The President of the Philippines and the
documents being presented to meet the Secretary of the Department of Foreign
requirements for the application of Affairs may grant diplomatic passports
passports. to officials and persons other than those
enumerated herein who are on official
SEC. 7. Types of Passports. The mission abroad.
Secretary or the authorized
representative or consular officer may b) Official Passport to be issued to all
issue the following types of passports: government officials and employees on
official trip abroad but who are not on a
a) Diplomatic passport for persons diplomatic mission or delegates to
imbued with diplomatic status or are on international or regional conferences or
diplomatic mission such as: have not been accorded diplomatic
1. The President and former Presidents status such as:
of the Republic of the Philippines; 1. Undersecretaries and Assistant
2. The Vice-President and former Vice- Secretaries of the Cabinet other than
Presidents of the Republic of the the Department of Foreign Affairs, the
Philippines; Associate Justices and other members
3. The Senate President and the of the Judiciary, members of the
Speaker of the House of Congress and all other government
Representatives; officials and employees travelling on
official business and official time;
4. The Chief Justice of the Supreme
Court; 2. Staff officers and employees of the
Department of Foreign Affairs assigned
5. The Cabinet Secretaries, and the to diplomatic and consular posts and
Undersecretaries and Assistant officers and representatives of other
Secretaries of the Department of government departments and agencies
Foreign Affairs; assigned abroad;
6. Ambassadors, Foreign Service 3. Persons in the domestic service and
Officers of all ranks in the career h o u s e h o l d m e m b e r s o f o f fi c i a l s
diplomatic service; Attaches, and assigned to diplomatic or consular
members of their families; posts;

347
4. Spouses and unmarried minor 2. When the holder has been convicted
children of the officials mentioned above of a criminal offense;Provided,That the
when accompanying or following to join passport may be restored after service
them. of sentence; or
c) Regular Passport issued to Filipino 3. When a passport was acquired
citizens who are not eligible or entitled fraudulently or tampered with.
to diplomatic or official passports, c) Restricted
including government officials or
employees going abroad for pleasure or 1. When the country of destination is in
other personal reasons. Government a state of political instability which could
officials and employees and members of pose a danger to the Filipino traveler;
t h e i r f a m i l i e s m a y, d u r i n g t h e i r 2. When diplomatic ties have been
incumbency in office, hold two passports fractured or severed with the
simultaneously; (1) a regular passport Philippines;
for private travel; (2) a diplomatic or 3. When the country of destination is
official passport when travelling abroad subject to travel restriction by
on diplomatic or official business. The government policy, enforcement of
wife and minor children of persons action by the United Nations or in a
entitled to a diplomatic or official state of war.
passport shall be issued regular
passports, if they are not accompanying SEC. 9.Appeal. Any person who feels
or following to join them. aggrieved as a result of the application
of this Act of the implementing rules and
S E C . 8 . G r o u n d s f o r D e n i a l , regulations issued by the Secretary shall
Cancellation or Restrictions. The have the right to appeal to the Secretary
application for passport may be denied, of Foreign Affairs from whose decision
cancelled or restricted only on the judicial review may be had to the Courts
following grounds: in due course.
a) Denial of Passport SEC. 10. Validity. Regular passports
1. On orders of the court, after due issued under this Act shall be valid for a
notice and hearing, to hold the period of five (5) years: Provided,
departure of an applicant because of a however,That the issuing authority may
pending criminal case; limit the period of validity to less than
2. When so requested by the natural or five (5) years; whenever in the national
legal guardian, if the applicant is a economic interest or political stability of
minor; the country such restriction is
necessary:Provided, finally,That a new
3. When the applicant has been found to passport may be issued to replace one
have violated any of the provisions of which validity has expired, the old
this Act; passport being returned to the holder
4. Such other disqualification under after cancellation.
existing laws. SEC. 11. Ownership of Passports. A
b) Cancellation Philippine passport remains at all times
1. When the holder is a fugitive from the property of the Government, the
justice; holder being a mere possessor thereof

348
as long as it is valid and the same may holder for any lawful purpose, but such
not be surrendered to any person or amendment should be approved by the
entity other than the government or its Secretary or his duly authorized
representative:Provided,That a Filipino diplomatic or consular officers.
citizen may voluntarily surrender his/her Diplomatic and official passports shall
passport to a Philippine Service Post for be submitted for revalidation before
storage and safekeeping for which a each departure of the holder.
proper receipt shall be issued for use
when reclaiming the passport at a later SEC. 15. Loss or Destruction. The
date. loss or destruction of a passport should
be immediately reported to the
SEC. 12. Names and Titles. The Department or the Post. The holder of
passport shall contain the full name of such passport shall submit to the
the applicant, but shall not include his Department or Post an affidavit stating
title or titles or profession or job in detail the circumstances of such loss
description. If an applicants name is or destruction. The holder of such a
changed by order of the court, a certified passport who is in the Philippines,
copy of the court order or decree shall should also furnish the National Bureau
be submitted together with the birth of Investigation and the Bureau of
certificate or old passport on application. Immigration copies of the affidavit. For
SEC. 13. Travel Documents. A travel those who are abroad, copies of the
document, in lieu of a passport, may be affidavit will be forwarded by the Post to
issued to: the Departments Office of Consular
a) A Filipino citizen returning to the Services, and in coordination with the
Philippines who for one reason or Office of Legal and Intelligence
another has lost his/her passport or Services, shall transmit a copy of the
cannot be issued a regular passport; affidavit to the National Bureau of
Investigation and Bureau of Immigration.
b) A Filipino citizen being sent back to The transmittal of the affidavit shall be
the Philippines; accompanied by a request for the
c) An alien spouse of a Filipino and confiscation of the said passport if
their dependents who have not yet been found, and to investigate or detain if
naturalized as a Filipino and who are necessary, the person attempting to use
travelling to the Philippines or is a or has used the passport. All Posts will
permanent resident of the Philippines; be informed of the lost passport,
including pertinent information on the
d) Aliens permanently residing in the
passport and the circumstances of loss.
Philippines who are not able to obtain
foreign passport and other travel No new passport shall be issued until
documents; satisfactory proof is shown that the
passport was actually lost and after the
e) A stateless person who is likewise a
lapse of fifteen (15) days following the
permanent resident, or a refugee
date of submission of the affidavit of
granted such status or asylum in the
loss as herein required: Provided,
Philippines.
however,That in the case of a passport
SEC. 14. Amendments. A passport reported lost by a Filipino travelling
may be amended at the request of the abroad, the Consulate may waive the

349
fifteen (15) days requirement if the loss The setting up, use and disbursement of
has been proven to the Consular funds shall be subject to review,
O f fi c i a l s s a t i s f a c t i o n : P r o v i d e d , accounting and auditing rules and
further, That in case the Filipino who regulations of the Commission on Audit
reported a loss of passport is returning and will be subject to an annual review
to the Philippines, the holder may be by Congress, but the Secretary will
issued a Travel Document: Provided, submit a report on the disbursement of
finally, That in the event the lost the fund every six (6) months to both the
passport is found, it should be destroyed Senate and the House Committees on
if a replacement has been issued, or Foreign Relations.
mailed to the holder who was issued a SEC. 18. Waiver. The Secretary of
Travel Document. Foreign Affairs is solely authorized to
In all cases, the head of Office of waive any requirements set forth in
Consular Services or the head of the SEC. 5 of this Act.
Consular SEC. of an Embassy or the SEC. 19. Offenses and Penalties. A
Consul General of a consulate may, passport being a proclamation of the
upon his discretion, waive the fifteen citizenship of a Filipino, is a document
(15)-day waiting period. that is superior to all other official
SEC. 16.Fees. Reasonable fees shall documents. As such, it should be
be collected for the processing, accorded the highest respect by its
issuance, extension, amendment or holder that to do damage to its integrity
replacement of a lost passport and the and validity is a serious crime that
issuance of a Travel Document as may should be penalized accordingly:
be determined by the a) Offenses Relating to Issuances:
Department: Provided, however, That Penalties. Any person who:
any fee shall not be increased more
than once every three (3) years. 1. Acting or claiming to act in any
capacity or office under the Republic of
SEC. 17. Passport Revolving Fund. the Philippines, without lawful authority,
The Department may charge a service grants, issues or verifies any passport or
fee of not more than Two Hundred Fifty travel document to any or for any person
Pesos (250) for such service rendered whomsoever shall be punished by a fine
to applicants relating to the processing of not less than Fifteen thousand pesos
and issuance of passports requiring (15,000) nor more than Sixty thousand
special consideration, waiver or pesos (60,000) and imprisonment of
issuance beyond regular office hours. not less than eighteen (18) months nor
The service fees received by the more than six (6) years; or
Department under this SEC. shall
constitute a revolving fund to be called 2. Being a diplomatic or consular official
the Passport Revolving Fund which authorized to grant, issue, amend or
may be utilized by the Department for verify passports, knowingly and willfully
the improvement of its passporting and grants, issues, amends or verifies any
consular services and other Department such passport to any or for any person
services except travel and transportation not owing allegiance to the Republic of
allowances and expenses. the Philippines, whether citizen or not,
shall be punished by a fine of not less

350
than Fifteen thousand pesos (15,000) Fifteen thousand pesos (15,000) nor
nor more than Sixty Thousand Pesos more than Sixty thousand pesos
(60,000) and imprisonment of not less (60,000) and imprisonment of not less
than eighteen (18) months but not more than three (3) years, but not more than
than six (6) years, and upon conviction, ten (10) years; or
be disqualified from holding appointive 3. Travel and recruitment agencies
public office; whose agents, liaison officers or
3. Being a diplomatic or consular officer representatives are convicted of
knowingly and willfully grants and issues offenses relating to false statements
to, amends or certifies to the authenticity shall in addition to the fines and
of any passport or travel document for penalties abovementioned have their
any person not entitled thereto, or license revoked with all deposits,
knowingly and willfully issues more than escrow accounts or guarantee funds
one passport to any person except as deposited or made as a requirement of
provided for in this Act, shall be their business forfeited in favor of the
punished by a fine of not less than government without prejudice to the
Fifteen thousand pesos (15,000) nor officials of the branch office or of the
more than Sixty thousand pesos agency being charged as accessories to
(60,000) and imprisonment of not less the offense and upon conviction barred
than eighteen (18) months nor more from engaging in the travel or
than six (6) years and upon conviction, recruitment agency business.
be disqualified from holding appointive c) Offenses Relating to Forgery:
public office. Penalties. Any person who:
b ) O f f e n s e s R e l a t i n g t o F a l s e 1. Falsely makes, forges, counterfeits,
Statements: Penalties. Any person mutilates or alters any passport or travel
who willfully and knowingly: document or any supporting document
1. Makes any false statement in any for a passport application, with the intent
application for passport with the intent to of using the same shall be punished by
induce or secure the issuance of a a fine of not less than Sixty thousand
passport under the authority of the pesos (60,000) nor more than One
Philippine Government, either for his h u n d r e d fi f t y t h o u s a n d p e s o s
own use or the use of another, contrary (150,000) and imprisonment of not
to this Act or rules and regulations less than six (6) years nor more than
prescribed pursuant hereto shall be fifteen (15) years; or
punished by a fine of not less than 2. Willfully or knowingly uses or
Fifteen thousand pesos (15,000) nor attempts to use, or furnishes to another
more than Sixty thousand pesos for use any such false, forged,
(60,000) and imprisonment of not less counterfeited, mutilated or altered
than three (3) years nor more than ten passport or travel document or any
(10) years: or passport validly issued which has
2. Uses or attempts to use any passport become void by the occurrence of any
which was secured in any way by condition therein prescribed shall be
reason of any false statements, shall be punished by a fine of not less than Sixty
punished by a fine of not less than thousand pesos (60,000) nor more

351
than One hundred and fifty thousand imprisonment of not less than six (6)
pesos (150,000) and imprisonment of years nor more than fifteen years.
not less than six (6) years nor more than e) Offenses Relating to Multiple
fi f t e e n ( 1 5 ) y e a r s : P r o v i d e d , Possession: Penalties. No person or
however, That officers of corporations, individual may hold more than one valid
agencies or entities licensed in the passport, except as provided for in SEC.
travel and recruitment industry would be 7 hereof, and any individual who
held similarly as their agents, liaison possesses more than one unexpired
officers or representatives: Provided, passport shall, for every unexplored
finally, That forgeries of five or more passport found in his possession, be
passports or travel documents, would be punished by a fine of not less than
considered as massive forgery Fifteen thousand pesos (15,000) nor
tantamount to national sabotage and more than Sixty thousand pesos
shall be punished by a fine of not less (60,000) and imprisonment of not less
than Two hundred and fifty thousand than eighteen (18) months but not more
pesos (250,000) nor more than One than six (6) years: Provided, That the
Million pesos (1,000,000) and maximum fine and imprisonment shall
imprisonment of not less than seven (7) be imposed by the court if he attempts
years nor more than seventeen (17) to use or actually uses an unexpired
years. passport which is not in his name.
d) Offenses Relating to Improper Use: In case any of the offenses prohibited in
Penalties. Any person who willfully this Act constitutes a violation of the
and knowingly: Revised Penal Code and the penalty
1. Uses or attempts to use, any passport imposed in said Code is heavier than
issued or designed for the use of that provided in this Act, the latter
another or any supporting documents penalty shall be imposed.
for a passport application which belongs SEC. 20.Suspension of Accreditation.
to another; or Any duly accredited travel or recruitment
2. Uses or attempts to use any passport agent or agency which violates the
or supporting documents in violation of prescription on application for passport
the conditions or restrictions therein under SEC. 6 hereof shall have such
contained, or of the rules prescribed accreditation suspended without
pursuant thereto; or prejudice to civil, criminal or
3. Furnishes, disposes, or delivers a administrative sanctions including
passport to any person, for use by revocation of its license to operate.
another or other than the person for The mere submission of spurious,
whose use it was originally issued or forged or falsified documents supporting
designed; or a passport application by any duly
4. Defaces or destroys a Philippine accredited travel or recruitment agent or
passport, shall be punished by a fine of agency shall be prima facie evidence
not less than Sixty thousand pesos that the said travel or recruitment agent
(60,000) nor more than One hundred is the author of such forgery or
fifty thousand pesos (150,000) and falsification.

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SEC. 21.Rules and Regulations. The Section 1. Short Title - This act shall be
Secretary shall issue such rules and known as the "Art Forgery Act of 2001."
regulations as may be necessary to Section 2.Declaration of Policy- It is hereby
implement the provisions herein within declared the policy of the State to protect,
sixty (60) days from date of effectivity of conserve, develop and promote the nation's
cultural heritage, artistic creations and
this Act without extension or delays. resources.
SEC. 22. Separability Clause. Should Section 3.Definition of Terms- For purposes
any provision of this Act or the of this Act, the following terms or phrases
applicability thereof to any person or used herein shall mean or be understood as
circumstances is held invalid, the follows:
remainder thereof shall not be affected (a) Art forgery is committed by any
thereby. person or entity who commits any of
the following acts:
SEC. 23. Repealing Clause. All laws,
decrees, orders, rules and regulations or (1) Affixing or causing to
appear a usurped or forged
parts thereof inconsistent with the signature or sign on any work
provisions of this Act are hereby of fine art;
r e p e a l e d , a m e n d e d o r m o d i fi e d (2) Counterfeiting or imitating
accordingly. any original signature or sign,
SEC. 24.Effectivity. This Act shall take with the intent to deceive the
effect fifteen (15) days after its public or the buyer as to the
authorship of a work of art;
p u b l i c a t i o n i n a t l e a s t fi v e ( 5 )
newspapers of general circulation or in (3) Selling or circulating any
work of fine art bearing forged
the Official Gazette. or usurped signatures or
signs; and
(4) Imitating or reproducing
any work of fine art with intent
to deceive the public or the
buyer as to the authenticity of
the work.
(b) Work of fine art refers to all original
works of art like paintings, sculpture,
drawings and artwork produced in
multiples such as graphic and
photographic works and sculpture
REPUBLIC ACT 9105 casts, but shall not include works
April 14, 2001 intended to be mass-produced for
commercial use; and
AN ACT DEFINING THE CRIME OF ART
FORGERY, PROVIDING PENALTIES, AND (c) Art dealer refers to any person or
INSTITUTIONALIZING THE MECHANISM entity who sells or otherwise deals in
F O R A R T A U T H E N T I C AT I O N , works of fine art for profit or gain, such
APPROPRIATING FUNDS THEREFOR AND as art galleries, art brokers and
FOR OTHER PURPOSES agents.

Be it enacted by the Senate and House of Section 4. Art Authentication Panel; Creation
Representative of the Philippines in Congress and Composition - There is hereby created a
assembled: panel to be known as the Art Authentication
Panel to replace and assume the power and

353
functions of the panel of experts for fine arts holders of a degree or equivalent training and
provided for in R.A. No. 4846, as amended by experience in art conservation,
P.D. 374. The Panel shall be composed by connoisseurship, art history or visual arts.
three (3) members who shall be chosen and Section 7. Term of Office - The members of
appointed by the National Museum Board of the Panel shall be appointed by the Board of
Trustees from a list submitted by the Search Trustees for a term of two (2) years:Provided,
Committee created under Section 8 of this That no member of the Panel shall serve for
Act. more than two (2) consecutive
Section 5.Functions of the Art Authentication terms: Provided, further, That appointment to
Panel- In addition to the powers granted to it any vacancy shall only be for the unexpired
under Republic Act No. 4846 as amended, the term of the predecessor and shall be counted
Art Authentication Panel, herein referred to as as one term.
the "Panel", shall also have the following Section 8. Search Committee for the Panel -
powers and functions: The Board of Trustees of the National
(a) To designate individuals, named by Museum created under R.A. No. 8492, is
the Search Committee as Art hereby mandated to constitute a Search
Consultants, to become members of Committee for the Panel to be composed of,
the Panel for particular authentication but not limited to, the following persons:
session/s; (a) The Executive Director of the
(b) To verify and certify as original any National Museum, as ex-officio
work of fine art submitted to it for chairperson;
authentication, and to issue the (b) A Commissioner of the National
c o r r e s p o n d i n g c e r t i fi c a t e o f Commission for Culture and the Arts
authentication; (NCCA), as nominated by the
(c) Upon proper verification, to accept Chairperson of the NCCA;
for registration all original works of fine (c) The President of the Philippine
art submitted by the author; Association of Art. Galleries;
( d ) To i m p o s e a n d c o l l e c t (d) Any National Artist for Visual Arts;
authentication and registration fees,
and other appropriate fees as it may (e) Two (2) deans of reputable schools
prescribe; of fine arts; and
(e) To initiate investigation and (f) The president of the Artists
recommend prosecution of all persons Association of the Philippines.
who may have violated the provisions Section 9. Functions of the Search
of this Act; Committee for the Panel - The following are
(f) To promulgate rules and regulations the function of the Search Committee for the
in the exercise of its functions; Panel:
(g) To impose fines and sanctions for (a) Submit to the National Museum
violation of its rules and regulations; Board of Trustees a list of six (6)
and names, from which the members of
the Panel shall be chosen; and
(h) To perform such other acts as may
be necessary to carry out the (b) Maintain and update a list of
provisions of this Act. individuals, herein called Art
Consultants, who are recognized
Section 6. Qualifications of the Members of experts in various arts fields, indexing
the Panel - The members of the Panel must such names by area of expertise or
be citizens of the Philippines, at least thirty- other qualifications, from which the
five (35) years of age on the day of their Panel may draw upon as the need
appointment of proven competence, integrity, arises.
probity and independence of mind, and

354
Section 10. Compensation - Members of the hereof which are not affected thereby shall
Search Committee, the Panel and the Art continue to be in full force and effect.
Consultants shall be entitled to receive per Section 15. Repealing Clause - All laws,
diems in accordance with existing rules and executive orders, decrees, rules and
regulations. regulations or parts thereof inconsistent with
Section 11. Penalties - Any person who the provisions of this Act are hereby repealed.
commits any of the acts enumerated in amended or modified accordingly.
Section 3(a) of this Act shall be punished with Section 16. Effective Clause - This Act shall
imprisonment of not less than six (6) years take effect fifteen (15) days from its
and one (1) day but not more than twelve (12) publication in the Official Gazette or in at least
years, and a fine not less than Fifty Thousand two (2) national newspapers of general
pesos (P 50,000.00) but not more than Five circulation.
Hundred Thousand pesos (P 500,000.00).
Approved: April 14, 2001.
If the acts are committed by a corporation,
partnership or any kind of judicial entity, the
penalty provided herein shall be imposed on
its chief executive and/or other officials
responsible therefor.
If the acts are committed by the art dealers or
the owners or operators of art galleries, they
shall suffer, in addition to the penalties
provided herein, the automatic revocation of
their license to operate.
Section 12. Appropriations - For the
implementation of the provisions of this Act,
the amount of Fifty Million pesos (P
50,000,000.00) is hereby appropriated and
shall be taken from the Organizational
Adjustment Fund for the acquisition of the
necessary equipment, supplies and expertise.
Thereafter, the amount necessary to carry out
the provisions of this Act shall be included in
the General Appropriation Act of the year
following its enactment into law.
Any and all amounts collected by the Panel in
the exercise of its functions shall be retained
by the National Museum to augment its Republic of the Philippines
annual appropriations. Disbursements CONGRESS OF THE PHILIPPINES
therefrom shall be subject to the approval of Metro Manila
the Board of Trustees of the National
Museum. Fourteenth Congress
Third Regular Session
Section 13. Implementing Rules and
Regulations - The Board of Trustees of the
National Museum shall promulgate the Begun and held in Metro Manila, on Monday,
necessary rules and regulations for the the twenty-seventh day of July, two thousand
effective implementation of the provisions of nine.
this Act. REPUBLIC ACT NO. 10088
Section 14. Separability Clause - If any part
AN ACT TO PROHIBIT AND PENALIZE THE
or provision of this Act shall be held to be
UNAUTHORIZED USE, POSSESSION AND/
unconstitutional or invalid, other provisions
OR CONTROL OF AUDIOVISUAL

355
RECORDING DEVICES FOR THE (f)"Copy" means any article or thing in
UNAUTHORIZED RECORDING OF which the visual images or sounds
CINEMATOGRAPHIC FILMS AND OTHER comprised in any cinematographic film
AUDIOVISUAL WORKS AND/OR THEIR or audiovisual work are embodied, and
SOUNDTRACKS IN AN EXHIBITION includes the making of a copy which is
FA C I L I T Y, P R O V I D I N G P E N A LT I E S in electronic format or transient or
THEREFOR AND FOR OTHER PURPOSES incidental to some other use thereof.
Be it enacted by the Senate and House of (g)"Copyright owner" means any one
Representatives of the Philippines in Congress who has the exclusive rights comprised
assembled: in a copyright as provided under
Republic Act No. 8293, otherwise known
Section 1.Short Title.- This Act shall be known
as the Intellectual Property Code of the
as the "Anti-Camcording Act of 2010".
Philippines and related international
Section 2.Definition of Terms.- For purposes of treaties, conventions or agreements to
this Act: which the Republic of the Philippines is
(a)"Audiovisual work" means a work that a party.
consists of a series of related images (h)"Exclusive licensee" means a
which are intrinsically intended to be licensee who is authorized in writing and
shown by the use of machines or who, on behalf of the owner or
devices such as projectors, viewers or prospective owner of copyright, to the
electronic equipment, together with exclusion of all other persons, is
a c c o m p a n y i n g s o u n d s , i f a n y, authorized to do an act within the
regardless of the nature of the material Philippines that, by virtue of this Act, the
objects, such as films or tapes, in which owner of the copyright would, but for the
the works are embodied. license, have the exclusive right to do or
(b)"Audiovisual recording device" means to perform.
a digital or analog photographic or video (i)"Exhibition facility" means any cinema,
camera, or any other technology or film theater, screening room, projection
device capable of enabling the recording room or other venue that is used for the
or transmission of a cinematographic public exhibition of a cinematographic
film or other audiovisual work, or any film or audiovisual work, whether or not
part thereof, regardless of whether a fee is chargeable.
audiovisual recording is the sole or
(j)"Operator of an exhibition facility"
primary purpose of the device.
means any person or entity who holds
(c)"Authorized person" means the or is required to hold a license by the
members of the Philippine National Securities and Exchange Commission
Police (PNP) and the National Bureau of CSEC, for companies and partnerships),
Investigation (NBI) and/or any other the Department of Trade and Industry
person duly authorized by the same to ('DTI', for sole proprietorships), the
exercise powers conferred upon by this Movie and Television Review and
Act. Classification Board (MTRCB) or any
(d)"Camcording" means any of the and all other relevant government
unlawful acts enumerated under Section offices that have, or will have jurisdiction
3 of this Act. over exhibition facilities to operate the
exhibition facility.
(e)"Cinematographic film" means any
audiovisual work consisting of a series (k)"Relevant authority" means the
of related images which, when shown in officers, members and responsible
succession, impart an impression of personnel of law enforcement agencies
motion, together with accompanying such as the PNP and their adjuncts and
sounds, if any. the NBI.

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 (l)'Transmit" means to convey by any If the offender is a government official or
means, whether over a path or a employee, the penalty shall include perpetual
combination of paths, provided by a disqualification from public office and forfeiture
material substance or by wireless of his/her right to vote and participate in any
means or otherwise, and whether or not public election for a period of five (5) years.
in response to a request made. Section 5. Presumptions as to the Subsistence
Section 3. Acts Constituting Unauthorized of Copyright and/or Ownership of Copyright. -
Possession, Use and/or Control of Audiovisual For purposes of Section 3, copyright shall be
Recording Devices.- It shall be unlawful for any presumed to subsist in the subject
person, at a time when copyright subsists in a cinematographic film or other audiovisual work
cinematographic film or other audiovisual work or its soundtrack if the accused does not put in
or its soundtrack and without the authorization of issue the question as to whether copyright
the copyright owner or exclusive licensee subsists therein. However:
thereof, to: (a)where the accused puts such
(a)use or attempt to use an audiovisual question in issue but does not satisfy
recording device to transmit or make a the court that he/she does so in good
copy of any performance in an exhibition faith, the presumption as to the
facility of such cinematographic film or subsistence of copyright herein shall
other audiovisual work or its soundtrack, apply, notwithstanding that the accused
or any part thereof; puts that question in issue;
(b)have in his/her possession, an (b)where the name of a person appears
audiovisual recording device in an on copies of the subject
exhibition facility, with the intent of using c i n e m a t o g r a p h i c fi l m o r o t h e r
or attempts to use the audiovisual audiovisual work or its soundtrack as
recording device to transmit or make a made available to the public in such a
copy of any performance in the way as to imply that the person was the
exhibition facility of such maker thereof and, in the case of a
c i n e m a t o g r a p h i c fi l m o r o t h e r person other than a body corporate, that
audiovisual work or its soundtrack, or name was his/her true name or a name
any part thereof; or by which he/she was commonly known,
that person shall be presumed to be the
(c)aid, abet or connive in the
maker thereof and the copyright owner
commission of the acts prohibited under
thereof, unless the contrary is
this section.
established; and/or
Section 4. Penalties. - A person who will be
(c)where the accused puts in issue the
found guilty of violating the provisions of Section
question of whether copyright subsists
3 shall be subject to a fine of Fifty thousand
in the subject cinematographic film or
pesos (Php50,000.00) but not exceeding Seven
other audiovisual work or its soundtrack,
hundred fifty thousand pesos (Php750,000.00)
or the ownership of the copyright
and imprisonment of six (6) months and one (1)
therein, an affidavit made in behalf of
day to six (6) years and one (1) day.
the copyright owner in which he/she
If the purpose of the commission of the makes assertions of facts relevant to
abovementioned acts is the sale, rental or other showing that: (1) copyright subsists in
commercial distribution of a copy of the the work or other subject matter; and/or,
cinematographic or audiovisual work or its as the case may be, (2) he/she is the
soundtrack, or any part thereof, the penalty shall owner of the copyright, shall be admitted
be imposed in the maximum. in evidence and shall be prima
If the offender is an alien, said person shall facie proof of the matters stated therein
immediately be deported after payment of the until the contrary is proved, unless the
fine and after serving his/her sentence. He/She court requires that oral/testimonial
shall thereafter be refused entry into the evidence be adduced to prove those
Philippines. matters.

357
Section 6. No Defense on Account of Use for (a)search any person if the person
Private or Domestic Purposes.- It shall not be a subject of the search has in his/her
defense that the transmission or making of the actual possession, any audiovisual
copy of the cinematographic film or other recording device, in respect of which an
audiovisual work or its soundtrack, or any part offense under this Act has been or is
thereof, was for private or domestic purposes or being committed;
in connection with a fair use deal. (b)seize, remove or detain any
Section 7.Requirement for Posting of Notices in audiovisual recording device or other
an Exhibition Facility on the Prohibition Against object which appears to contain, or likely
the Bringing into Said Exhibition Facility of to contain evidence of an offense
Audiovisual Recording Devices and the Like. - committed under this Act;
All exhibition facilities, cinemas or theaters shall (c)use reasonable force to remove any
be required to conspicuously post in at least two person or object obstructing the
(2) areas in the exhibition facility including, but authorized person in the exercise of any
not limited to, the areas where tickets are sold power conferred upon him/her by this
and the entrances of the exhibition facilities, Act;
notices or signages warning against the bringing
of audiovisual recording devices into the (d)detain any person, within a
cinematographic film/audiovisual screening/ reasonable time not exceeding eighteen
exhibition area, with a reservation that the (18) hours, found in any place which the
management/operator of the exhibition facility authorized person is empowered to
will take into preventive and temporary custody enter and search if, after inquiry made,
such audiovisual recording device/s until the said authorized person has reasonable
film/movie theater patron leaves the screening/ ground to believe that the person
exhibition area/facility. subject of the search is connected with
the subject matter of the search and it is
Failure of the management/operator of the considered necessary to detain the
exhibition facility to comply with the foregoing person subject of the search to be able
requirement will subject said management/ to adequately perform the search; and
operator liable to pay a fine of Fifty thousand
pesos (Php50,000.00). (e)require the operator of an exhibition
facility or any other person who appears
Nothing in this Act shall prevent the to be at the time responsible for the
management from performing such other control or management of the exhibition
precautionary measures so as to prevent the facility to give information or render
commission of the acts punishable herein. assistance that may be necessary to
Section 8. Powers of Authorized Persons to enable the authorized person to carry
Enter an Exhibition Facility and Search the out the functions under this Act.
Same.- An authorized person, without a warrant Section 10. Forfeiture and Disposal of
and without payment of any admission fee or Unauthorized Copy of Cinematographic Film or
other charge, may enter and search any Other Audiovisual Work /Audiovisual Recording
exhibition facility if the authorized person has Devices Used in the Commission of the Acts
reasonable ground to believe that any violation Penalized Under this Act. - The court before
of this Act has been or is being committed and, which a person charged with an offense in
due to the delay necessary to obtain a warrant violation/contravention of this Act, whether or not
could result in the loss or destruction of said person charged is convicted of the offense,
evidence, or for any other reason it would not be may order that any copy of a cinematographic
reasonably practicable to obtain a warrant. film or other audiovisual work in which copyright
Section 9. Other Powers of Authorized subsists, or parts thereof which appears to the
Persons. - An authorized person who has court to be an unauthorized copy, and any
reasonable ground to believe that a violation audiovisual recording device or other equipment
under this Act has been or is being committed in the possession of the alleged offender or the
may: court, be destroyed or delivered to the owner or

358
the exclusive licensee of the copyright owner MALACAANG
concerned or otherwise dealt with in such a Manila
manner as the court deems fit.
PRESIDENTIAL DECREE No.
In the event that the court retains representative
samples of the unauthorized copy of a 704
cinematographic film or other audiovisual work, May 16, 1974
or audiovisual recording devices or other
equipment for evidentiary purposes in the REVISING AND CONSOLIDATING ALL
prosecution of the offense for which an accused L AW S A N D D E C R E E S A F F E C T I N G
is charged, the retained samples shall remain FISHING AND FISHERIES
in custodia legis until the final resolution of the WHEREAS, fish is one of the major and
court proceedings thereon. cheapest sources of protein in the diet of the
Section 11. Enforcement. - The PNP, in Filipino people;
coordination with the NBI, the Optical Media WHEREAS, 2.2 million Filipinos depend
Board (OMB), operators of the cinemas, directly on the fishery industry for their
theaters or exhibition facilities and owners of the livelihood;
cinematographic films or audiovisual works and
WHEREAS, the Philippines continues to
other soundtracks, shall enforce the provisions
import fish and fishery products in substantial
of this Act. The PNP may deputize, for a defined
quantities because of the insufficiency of
period, the heads or personnel of such agencies
domestic production;
and instrumentalities of government or private
lawphi1.net

sector representatives or stakeholders of rights WHEREAS, there is a compelling need to

over cinematographic films/audiovisual works increase the production of fish to bring down
and their soundtracks, to perform, the its price to a level which will be within the
enforcement functions required under this Act. reach of our people, and at the same time
insure the continuity of out fishery resources
Section 12. Separability Clause. - If any
in productive condition through wise utilization
provision of this Act is declared invalid, the other
and proper conservation;
parts or provisions hereof not affected thereby
lawphi1.net

shall remain and continue to be in full force and WHEREAS, the vast fishery resources of the
effect. Philippines have remained largely untapped
due to unnecessary constraints brought by
Section 13. Repealing Clause. - All laws,
existing laws and regulations and by the
decrees, ordinances or rules and regulations
failure to provide an integrated development
which are inconsistent with or contrary to the
program for the industry; and
provisions of this Act are hereby amended or
repealed. WHEREAS, there is an urgent need to revise
and consolidate all laws and decrees affecting
Section 14. Effectivity. - This Act shall take
fishing and fisheries to make them even more
effect fifteen (15) days after its complete
responsive to the needs of the fishery
publication in at least two (2) newspapers of
industry.
national circulation.
NOW, THEREFORE, I, FERDINAND E.
MARCOS, President of the Philippines, by
virtue of the powers vested in me by the
Constitution, do hereby decree as part of the
law of the land the following:
Section 1. Title. This Decree shall be known
as the fisheries Decree of 1975.
CHAPTER 1
DECLARATION OF POLICY DEFINITION OF
TERMS

359
Section 2. Declaration of Policy. It is hereby d) Electro fishing Means the use of
declared the policy of the State to accelerate electricity generated by dry-cell
and promote the integrated development of batteries, electric generators or other
the fishery industry and to keep the fishery sources of electric power to kill,
resources of the country in optimum stupefy, disable or render unconscious
productive condition through proper fish or fishery/aquatic products in both
conservation and protection. fresh and salt water areas.
The government shall promote and encourage e) Family-size fishpond An area of
the organization of, provide assistance to, and fishpond that permits the efficient use
help integrate the activities of, persons, of labor and capital resources of a
associations, cooperatives and corporations family to produce an income sufficient
engaged in the industry so that the nation may to meet a family's need for food,
achieve the maximum economic utilization of clothing, shelter, health and education
its fishery resources. In this connection, the with reasonable reserves to absorb
fishery industry shall be considered as yearly fluctuation in income.
preferred area of investment. f) Fish and fishery/aquatic products
The government shall also encourage and Fish includes all fishes and other
promote the exportation of fish and fishery/ aquatic animals, such as crustaceans
aquatic products to enable the fishery industry (crabs, prawns, shrimps and lobsters),
to contribute positively to the development mollusks (clams, mussles, scallops,
and growth of the national economy. oysters, snails and other shellfish).
The private sector's privilege to utilize a Fishery/aquatic products include all
fishery resource shall be exercised or other products of aquatic living
continued to be exercised only under the resources in any form.
basic concept that the grantee, license or g) Fishing boat Includes all boats,
permittee thereof shall not only be a privileged such as bancas, sailboats, motor
beneficiary of the State, but also an active boats or any other type of watercraft,
participant and partner of the government in whether licensed or not, used for
the conservation and development of the fishing purposes: Provided, That any
fishery resources of the country. such boat used for the purpose of
Section 3.Definition of Terms.As used in this transporting the fish in the course of
Decree, the following terms are defined as fishing operations shall be considered
follows: as a fishing boat.

a) Bureau Means the Bureau of h) Fish corral or "baclad" Means a

Fisheries and Aquatic Resources. stationary weir or trap devised to
intercept and capture fish, consisting
b) Closed season. Refers to the period of rows of stakes of bamboo, palma
during which fishing is prohibited in a brava or other materials fenced with
specified area or areas in Philippine split bamboo mattings or wire nettings
waters, or to the period during which with one or more enclosures usually
the catching or gathering of specified with easy entrance but difficult exit,
species of fish or fishery/aquatic and with or without leaders to direct
products or the use of specified fishing the fish to the catching chambers or
gears to catch or gather fish or fishery/ purse.
aquatic product is prohibited.
i) Fish pen means fish enclosure
c) Commercial fishing Fishing for made of closely-woven bamboo
commercial purposes in waters more screens or nets, or other materials
than seven fathoms deep with the use attached to poles staked to the water
of fishing boats more than three gross bottom for the purpose of growing
tons. and/or culture of fish to various sizes
in both fresh and salt water areas.

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j) Fishery Is the business of catching, p) Municipal waters Include not only
taking, handling, marketing and streams, lakes, and tidal waters
preserving fish or other fishery/aquatic included within the municipality not
products; the fishing grounds; and the being the subject of private ownership,
right to fish or take such products and not comprised within national
therefrom. parks, public forests, timber lands,
k) Fishery industry Includes fish forest reserves, or fishery reserves,
produces, fish processors, fish but also marine waters included
traders, both wholesalers and between two lines drawn
retailers, and owners of refrigerating perpendicular to the general coastline
and cold storage plants serving the from points where the boundary lines
industry. of the municipality touch the sea at
low tide and a third line parallel with
l) Fishing with the use of explosives the general coastline and three
Means the use of dynamite, other nautical miles from such coastline.
explosives, or chemical compound Where two municipalities are so
that contains combustible elements or situated on the opposite shores that
ingredients that, upon ignition by there is less than six nautical miles of
friction, concussion, percussion, or marine waters between them, the third
detonation of all or parts of the line shall be a line equi-distant from
compound, kill, stupefy, disable or the opposite shores of the respective
render unconscious any fish or fishery/ municipalities.
aquatic product. It shall also refer to
the use of any other substance and/or Disputes regarding jurisdiction over
device that causes explosion capable fresh water lakes not included within
of producing the said harmful effects the limits of a municipality or
on fish or fishery/aquatic products. freshwater or tidal streams forming
boundaries between municipalities,
m) Fishing with the use of obnoxious shall be referred by the councils of the
or poisonous substance Means the municipalities concerned to the
use of any substance, plants, extracts provincial board.
or juice thereof, chemicals, whether in
raw or processed form, harmful or q) Persons Include juridical entities
harmless to human beings, which kill, such as associations, partnerships,
s t u p e f y, d i s a b l e , o r r e n d e r cooperatives or corporations.
unconscious fish or fishery/aquatic r) Philippine waters Include all bodies
products. of water within Philippine territory,
n) Fully developed fishpond A clean, such as rivers, streams, creeks,
leveled area enclosed with dikes at brooks, ponds, swamps, lagoons,
least one foot higher than the highest gulfs, bays and seas and other bodies
flood water level in the locality and of water now existing, or which may
strong enough to resist water pressure hereafter exist in the provinces, cities,
a t t h e h i g h e s t fl o o d t i d e , a n d and municipalities, municipal districts,
consisting at least of a nursery pond, a and barrios; and the sea or fresh
transition pond, a rearing pond, or a water around, between and
combination of any or all of said connecting each of the islands of the
classes of ponds, and water control Philippine archipelago, irrespective of
system. its depth, breadth, length and
dimension, and all other belonging to
o) Municipal and/or small-scale fishing the Philippines by historic or legal title,
Fishing utilizing fishing boats of the including the territorial sea, the
three gross tons or less, or using gear seabed, the insular shelves and other
not requiring the use of boats. submarine areas over which the

361
 Philippines has sovereignty or Order No. 19, series of 1966. The decision of
jurisdiction. the Secretary may not be reviewed by the
s) Refrigerating and cold storage courts except through the special civil action
plants Consist of a set of refrigerating of certiorari and prohibition.
machinery housed in a building with Section 7. Rules and Regulations. The
cold storage compartments, for Secretary shall, upon recommendation of the
making ice and freezing and storing Director, promulgate rules and regulations to
fish and fishery/aquatic products implement effectively the provisions of the
exclusively for the fishery industry. Code, Such rules and regulations shall, unless
t) Secretary Means the Secretary of otherwise herein provided. take effect fifteen
natural Resources. (15) days after its publication in the Official
Gazette and/or two newspapers of general
CHAPTER II circulation.
THE BUREAU OF FISHERIES AND
AQUATIC RESOURCES Section 8. Technical Assistance and Training
Program. The Bureau shall undertake or
Section 4. Jurisdiction of the Bureau. The arrange special technical assistance and
Bureau shall have jurisdiction and training programs for the enhancement of the
responsibility in the management, fishery industry and provide assistance to
conversation, development, protection, fishery educational institutions in their
utilization and disposition of all fishery and research and instructional activities, and in
aquatic resources of the country except connection therewith to maintain and operate
municipal waters which shall be under the fishing boats.
municipal or city government concerned:
Provided, That, fish pens and seaweed culture Section 9. Research and Demonstration
in municipal centers shall be under the Service. The Bureau shall conduct research
jurisdiction of the Bureau: Provided, further, and studies regarding fish and fishery/aquatic
That all municipal or city ordinances and products; establish fish hatcheries, nurseries
resolutions affecting fishing and fisheries and and demonstration fishponds; conduct
any disposition thereunder shall be submitted experiment and demonstration services on
to the Secretary for appropriate action and fish capture and gathering fishery/aquatic
shall have full force and effect only upon his products, and the culture and processing
approval. The Bureau shall also have the thereof; conduct oceanographic and
authority to regulate and supervise the limnological surveys; and dissiminate the
production, capture and gathering of fish and result of such research, studies and surveys.
fishery/aquatic products. Section 10. Fish landing points. The Bureau
The Bureau shall prepare and implement, shall determine and designate fish landing
upon approval of the Fishery Industry points where all commercial fishing boats shall
Development council, a Fishery Industry land and unload their catch: Provided, That all
Development Program. fish landing points established prior to the
effectivity of this Decree shall be considered
Section 5. Supervision and Control. The authorized fish landing points: Provided,
Bureau shall be directly under the control and further, That any fish landing point may, if
supervision of the Secretary of Natural circumstances so warrant, he closed.
Resources.
Section 11. New Divisions in the Bureau. To
Section 6.Review.All actions decisions of the carry out efficiently its functions under this
Director of Fisheries and Aquatic Resources Decree, the following new divisions are
are subject to review, motu proprio or upon hereby created in the Bureau: Legal Division,
appeal of any person aggrieved thereby, by Fisheries Conservation and Enforcement
the Secretary whose decision shall be final Division, Fisheries Extension Division,
and executory after the lapse of thirty (30) Fisheries Utilization Division, Fisheries
days from receipt by the aggrieved party of Engineering Division and Fisheries Training
said decision, unless appealed to the Division: Provided, That the new divisions
President in accordance with the Executive

362
shall be staffed by the Director from qualified shall be included in the Bureau's appropriation
personnel of the Bureau as first priority, and for the succeeding year.
proposals for additional necessary personnel

CHAPTER III
THE FISHERY INDUSTRY DEVELOPMENT COUNCIL
Section 12.Creation and Membership of the Council.To implement the policy enunciated in Section
Two of this Decree, there is hereby created a Fishery Industry Development Council, hereinafter
referred to as the Council, which shall be composed of the following:

Secretary of Natural Resources Chairman

Secretary of Agriculture Member

Secretary of National Defense Member

Secretary of Trade Member

Secretary of Public Works, Transportation and Communications Member

Governor of the Central Bank of The Philippines Member

Chairman of the Development Bank of the Philippines Member

President of the Philippine National Bank Member

Chairman of the Board of Investments Member

Director of Fisheries and Aquatic Resources Member and Executive Officer

A representative of the inland fisheries associations Member

A representative of the marine fisheries associations Member

The two representatives from the private sector shall be appointed for a term of two (2) years by the
Secretary upon the recommendation of the Director.
Upon the effectivity of this Decree, the Council shall be constituted. The Council shall meet at least
once a month: Provided, That the Chairman may convene the Council in special meetings to
consider urgent matters. If the Chairman cannot attend any meeting, the members present shall
select from among themselves a temporary presiding officer. If any of the members shall not be able
to attend any meeting of the Council, he shall send a duly authorized representative to exercise his
powers and perform his functions.
The Council shall adopt rules and regulations necessary to govern its proceedings.
The Executive Officer shall charged with the duty of implementing the policies and guidelines
established by the Council.
Section 13.Function of the Council.The Council shall formulate and establish comprehensive policy
guidelines for the management, protection, conservation and utilization of the fishery/aquatic

resources of the country and for the creation collect data and information from member
of a healthy investment climate for the agencies and the private sector for the
development o the fishery industry. It shall formulation of policy guidelines.

363
Section 14. Council Secretariat and its C. The Department of Agriculture
Director. The Council shall have a secretariat shall:
which shall furnish the necessary 1. Undertake soil sampling
administration, secretarial and other service and provide or help provide
support to the Council. The secretariat shall fertilizers for fish farming
be under the support to the Council. The purposes; and
secretariat shall be under the direction and
supervision of a Secretariat Director who shall 2. Perform such other
be appointed, and whose compensation shall functions as may be imposed
be fixed, by the Chairman of the Council. The upon it by law or requested by
personnel of the Secretariat shall be the Council in the acceleration
appointed, and their compensation fixed, by of fish farming and/or in the
the Chairman upon recommendation of the furtherance of the objectives of
Secretariat Director. this Decree.
Section 15. Role of Member-Agencies. A. D. The Department of Trade shall:
The Central Bank of the Philippines, through 1. Plan and prepare such
the Monetary Board, shall be primarily measures as may be
responsible for seeking ways and means of necessary to promote exports
financing the requirements of the Program in of fish and fishery/aquatic
all its aspects. For this Purpose, it shall, in products; and
addition to its present powers and functions,
undertake the following activities: 2. Perform such other
functions as may be imposed
1. Coordinate the policies, upon it by law or requested by
programs and activities of all the Council in furtherance of
banks and financial institutions the objectives of this Decree.
relating to the grant or
extension of credit to persons, E. The Department of Public Works,
associations, cooperatives, Transportation and Communications
and corporations engaged in shall;
the fishery industry; 1. Upon request of the
2. Facilitate the grant of Council, undertake site survey
preferential rates in the and investigation, draw plans
rediscounting of papers for, and construct,
involving loans for the fishery infrastructure facilities for the
industry; and fishery industry; and

3. Facilitate the grant of 2. Perform such other

concessionary rate of interest functions as may be imposed
on loans for the development upon it by law or requested by
of the fishery industry upon the Council in furtherance of
certification by the Director of the objectives of this Decree.
Fisheries and Aquatic F. The private sector of the fishery
Resources. industry shall direct their collective
B. The Department of National e ff o r t s t o w a r d s a m o r e a c t i v e
Defense, principally through the cooperation and coordination with
Philippine Coast Guard shall extend government agencies to attain the
all assistance, including personnel and objectives of this Decree.
equipment, as may be necessary in It shall:
the enforcement of fishery laws, rules
1. Assume the primary
and regulations to help attain the aims
responsibility of accelerating
and objectives of this Decree.
the development of the
industry;

364
 2. Conduct research and the Secretary to implement the foregoing shall
experiments in cooperation take effect immediately, the provisions of
with government agencies; Section 7 hereof to the contrary
3. Allow implementing notwithstanding.
agencies of the government Section 17. Commercial fishing boat license
access to such statistical data and other licenses.No person shall operate a
and information as would be commercial fishing boat, pearl fishing boat or
necessary in the formulation of fishing boat for scientific, research or
sound policies; and educational, purposes, or engage in any
4. Take active participation, in fishery activity, or seek employment as a
collaboration with the Bureau fisherman without first securing a license from
and other government the Bureau: Provided, That no such special
agencies, in technical permit shall be required of a fishing boat
manpower training by giving engaged in scientific, research or educational
on-the-job training purposes within Philippine waters pursuant to
opportunities to fisheries an international agreement of which the
apprentices, trainees and Philippines is a signatory, and which
volunteers. agreement defines the status, privileges and
obligations of said boat and its crew and the
CHAPTER IV non-Filipino officials of the international
UTILIZATION AND EXPLOITATION OF agency under which said boat operates:
FISHERY/AQUATIC RESOURCES Provided, further, That the members of the
Section 16. License, lease and permit. No crew of a fishing boat used for commercial
person shall exploit, occupy, produce, culture, fishing, including but not limited to duly
capture or gather fish, or fry or fingerling of licensed and/or authorized patrons, marine
any species of fish, or fishery/aquatic engineers, radio operators and cooks, shall be
products, or engage in any fishery activity in c o n s i d e r e d a s fi s h e r m a n : P r o v i d e d ,
Philippine or municipal waters without a furthermore, That the commercial fishing boat
license, lease or permit: Provided, That when license herein authorized to be granted shall
due to destruction wrought upon fishponds, allow the license to operate only in Philippine
fishpens or fish nurseries, by typhoons, floods waters seven (7) or more fathoms deep
and other fortuitous events, or due to subject to the conditions that may be stated
speculation, monopolistic and other pernicious therein and the rules and regulations that may,
practices which tend to create an artificial from time to time, be promulgated by the
shortage of fry and/or fingerling, the supply of Secretary: Provided, finally, That baby trawls
fish and fishery/aquatic products can using fishing boats of three (3) gross tons or
reasonably be expected to fall below the usual less may operate in areas four (4) fathoms
demand therefor and the price thereof, to deep or more if authorized by existing
i n c r e a s e , t h e S e c r e t a r y, u p o n municipal ordinances duly approved by the
recommendation of the Director, is hereby Secretary.
authorized to fix a fair and reasonable price The Philippine Coast Guard shall perform all
for fry and fingerling of any species of fish, functions pertaining to the registration,
and in so doing and when necessary, fix documentation, inspection and manning of all
different price levels for various areas or types of fishing boats plying Philippine waters
regions taking into account such variable except those hereinabove vested in the
factors as availability, accessibility to Bureau of Fisheries and Aquatic Resources:
transportation facilities, packing and crating, Provided, That a fishing boat may, upon
and to regulate the movement, shipment and inspection and verification by the Maritime
transporting of such fry and fingerling: Safety Division and Naval Architecture and
Provided, further, That the price so fixed shall Engineering Section of the Philippines Coast
guarantee the gatherers of fry a just and Guard that the fishing boat is seaworthy and
equitable return for their labor: Provided, fit for operations, be accepted for registration,
finally, That any administrative order issued by documentation, and licensing purposes:

365
Provided, further, That the coastwise license at least sixty per cent (60%) of the capital
shall not be required of fishing boats. stock of which is owned by Filipino citizens.
Every boat of Philippine registry of 10 gross No person to whom a license has been issued
tons more but less than 500 tons, which is shall sell, transfer, or assign, directly or
operated exclusively as a fishing boat for indirectly, his stock or interest therein to any
catching and transporting fish in the territorial person not qualified to hold a license, and any
waters of the Philippines may be operated at such transfer, sale or assignment shall be null
least by one licensed deck officer and one and void and shall not be registered in the
licensed engine officer, the qualifications of books of the association or corporation.
who shall be prescribed by the Philippine For purposes of commercial fishing, fishing
Coast Guard, which qualifications may, boats owned by citizens of the Philippines and
considering that the fishing boat will not corporations or associations qualified under
transport passengers and/or cargo, be less this section, may be issued certificates of
than those required of similar officers Philippine registry and such other documents
employed in vessels engaged in the coastwise as are necessary for fishing operations, any
trade. provision of law to the contrary
Any provision of law to the contrary notwithstanding: Provided, That the certificate
notwithstanding all finishing boats shall be of Philippine registry shall be valid only as
provided with adequate medical supplies and long as the fishing boat is engaged in, or used
life-saving devices to be determined by the for, fishing operations. For the purpose of this
Philippine Coast Guard: Provided, That a section, fishing operation include the
fishing boat twenty (20) gross tons or more transportation of the fish caught.
shall have in its employ a person qualified as Section 21.Charter contracts, lease or lease-
a First Aider duly certified by a government purchase agreements and contracts for
physician. assistance. Citizens of the Philippines and
Section 18. Permit for importation or qualified corporations or associations
exportation of fish or fishery/aquatic engaged in commercial fishing may, subject to
products.No person shall import or export any the approval of the Secretary, enter into
fish or fishery/aquatic product, whether adult charter contracts, lease or lease-purchase
or young, fry or fish eggs, for propagation or agreements of fishing boats, or contracts for
for other purposes, without first securing a financial, technical or other forms of
permit therefor and paying the inspection and assistance with any foreign person,
other fees: Provided, That exportation of fry, corporation or entity for the production,
except "bangus" fry exportation of which is storage, marketing and processing of fish and
totally banned, shall be allowed only after the fishery/aquatic products: Provided, That the
requirement of the domestic fishing industry foreign crew members of the foreign fishing
are met: Provided, further, That no other boat who shall not exceed seventy-five per
inspection fee shall be imposed and collected cent (75%) of the complement of the boat,
by any other government office or agency. may be issued fishermen's license subject to
security clearance by the Philippine Coast
Section 19. Development of the Fish Meal Guard and to the rules, regulations and
Industry. To maximize the utilization of fish guidelines to be promulgated by the Council:
and fishery products and to complement the Provided, further, That it shall be a condition in
development of the animal industry, steps all charter contracts, lease or lease-purchase
shall be taken to promote the production of agreements that Filipino seamen and
fish meal. fishermen shall be given instruction and
A. DEEP-SEA OR OFFSHORE FISHING training by the foregoing crew members in the
operation of the fishing boat and the use of
Section 20. Persons eligible for commercial fishing gears and after two years shall replace
fishing boat license. No commercial fishing all foreign crew members.
boat license shall be issued except to citizens
of the Philippines or to associations or Charter contracts, lease or lease-purchase
corporations duly registered in the Philippines, agreement and contacts for financial,

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technical or other forms of assistance with any those earmarked for family-size fishponds and
foreign person, corporation or entity, shall be not yet leased prior to November 9, 1972 shall
subject to the guidance promulgated by the be leased only to qualified persons,
Council and the approval of the Secretary: associations, cooperatives or corporations,
Provided, That payments under such subject to the following conditions:
contracts or agreements shall be made in 1. The lease shall be for a period of
kind, i.e., in export items of fish and/or fishery/ twenty-five (25) years, renewable for
aquatic products. another twenty-five (25) years.
Section 22.Operation of radio communication 2. Fifty per cent (50%) of the area
facilities on board fishing boats.Any employee leased shall be developed and be
on board a fishing boat capable of operating producing in commercial scale within
radio transceivers may be authorized by the three (3) years and the remaining
Radio control Office to operate such portion shall be developed and be
transceivers during fishing operations without producing in commercial scale within
the necessity of qualifying in the examination five (5) years, both periods to begin
prescribed by existing laws and regulations: from the execution of the lease
Provided, That the Radio Control Office shall contract;
give practical examinations to persons with
sufficient experience and knowledge of radio 3. All areas not fully developed within
telephone and/or telegraphy, for the purpose five (5) years from the date of
of qualifying them as radio operators on board execution of the lease contract shall
fishing boats only. automatically revert to the public
domain for disposition by the Bureau.
No franchise shall be required for the Provided, That a lessee who failed to
installation and operation of radio transceivers develop the area or any portion
on board fishing boats and in their home- thereof shall not be permitted to re-
based stations: Provided, That the radio apply for said or any portion thereof or
Control Office shall, upon application, issue a any public land under this Decree; and
permit and assign a pre-set frequency to a
qualified applicant for the installation and 4. No portion of the lease shall be sub-
operation of radio transceivers on board his leased.
fishing boats and home-based stations subject Section 25. Size of Fishponds. The area of
to the rules and regulations prescribed by said fishponds leased under the preceding section
office and consistent with the requirements of shall not exceed the following:
national security: Provided, Further, That the
Philippine coast Guard shall be informed by 1. For individuals fifty hectares; and
the Radio Control Office of the pre-set radio 2. For associations and corporations
frequencies assigned to fishing boat five hundred hectares.
operators.
Provided, That, if circumstances so
B. INLAND FISHERIES warrant, a larger area may, with the
Section 23. Disposition of Public Lands for approval of the Secretary, be leased to
Fishponds.Upon the effectivity of the Decree, qualified applicants.
no public lands suitable for fishpond purposes Section 26.Construction and Development of
shall be disposed by sale: Provided, That only Family-Size Fishponds. For the purpose of
fishpond sales patent already processed and accelerating the development of fishponds,
approved on or before November 9, 1972, the Bureau, subject to the approval of the
shall be given due course subject to the Secretary, shall identify and set aside public
condition that such application covers a fully lands which shall be subdivided into family-
developed fishpond not exceeding twenty-four size fishponds and leased in accordance with
(24) hectares. guidelines established by the Council.
Section 24.Lease of Fishponds.Public lands Section 27.License to Operate Fishpens.No
available for fishpond development including person shall construct and/or operate a

367
fishpen without first securing a license from fisheries, unless they belong to the
the Bureau, any license or permit issued by same licensee, but in no case shall
the major of the municipality claiming the distance be less than sixty (60)
jurisdiction over the area in which the fish pen meters, except in waters less than two
will be constructed to the contrary (2) meters deep at low tide, or unless
notwithstanding. The License shall be for a previously approved by the Secretary;
period of five (5) years renewable for another (b) authorize the issuance to qualified
five (5) years. persons of license for the operation of
The maximum area that can be licensed for a fishing boats three (3) gross tons or
fish pen shall be ten (10) hectares in the case less, or for the privilege of fishing in
of an individual and fifty (50) hectares in the municipal waters with nets, traps or
case of an association, partnership, other fishing gear: Provided, That it
cooperative or corporation. shall be beyond the power of the
S e c t i o n 2 8 . N o o b s t r u c t i o n t o municipal or city council to impose a
navigation. Nothing in the foregoing sections license for the privilege of gathering
shall be construed as permitting the lessee or marine mollusca or the shells thereof,
licensee to undertake any construction which for pearling boats and pearl divers, or
will obstruct the free navigation in any stream for prospecting, collecting, or
or lake flowing through or adjoining the fish gathering sponges or other aquatic
pen or fishpond, or impede the flow and ebb products, or for the culture of fishery/
of the tide to and from the area. Any aquatic products: Provided, further,
constructions made in violation hereof shall be That a licensee under this paragraph
removed upon order of the Secretary. shall not operate within two hundred
(200) meters of any fish corral but in
C. MUNICIPAL FISHERIES no case within sixty (60) meters of
Section 29. Grant of Fishery Privileges. A said corral. The municipality or city
municipal or city council, conformably with an council (60) meters of said corral. The
ordinance duly approved by the Secretary municipality or city council shall
pursuant to section 4 hereof may: furnish the Bureau, for statistical
purposes, on forms which shall be
(a) grant to the highest qualified bidder furnished by the Bureau, such
the exclusive privilege of constructing information and data on fishery
and operating fish corrals, oyster matters as are reflected in such forms.
culture beds or of gathering "bangus"
fry, or the fry of other species, in Section 30. Municipality concessions and
municipal waters for a period not leases concerning fisheries. No lease or
exceeding five (5) years: Provided, concession granted by a municipal or city
That in the zoning and classification of council under authority of an ordinance
municipal waters for purposes of approved pursuant to section 4 hereof,
awarding, through public bidding, concerning fishing or fisheries in streams,
areas for the construction or operation lakes, rivers, in land and/or municipal waters,
of fish corrals, oyster culture beds or shall be valid and enforceable unless the
the gathering of fry, the municipal or Secretary, upon recommendation of the
city council shall set aside not more Director, approves the same.
than one-fifth (1/5) of the area CHAPTER V
earmarked for the gathering of fry, as RESERVE FISHERIES AND FISH
may be designated by the Bureau, as SANCTUARIES
government "bangus" fry reservation:
Provided, Further, That no fish corral Section 31. Fishing areas reserved for
shall be constructed within two exclusive use of government. Upon the
hundred (200) meters of another fish recommendation of the Director, the Secretary
corral in marine fisheries, or one may designate by fishery administrative order,
hundred (100) meters in fresh water area or areas in the Philippine waters as
fishery reservation for the exclusive use of the

368
Government or of any of its political The discovery or dynamite, other explosives
subdivisions, agencies or instrumentalities, or and chemical compounds containing
of the inhabitants of any municipality, or for combustible elements, or obnoxious or
the culture of fish and other aquatic animals poisonous substance, or requirement or
for educational, research and scientific device for electric fishing in any fishing boat or
purposes. in the possession of a fisherman shall
S e c t i o n 3 2 . F i s h r e f u g e s a n d constitute a presumption that the same were
sanctuaries.Upon the recommendation of the used for fishing in violation of this Decree, and
Director, the Secretary may set aside and the discovery in any fishing boat of fish caught
establish fish refuges and sanctuaries to be or killed by the cause of explosives, obnoxious
administered in the manner to be prescribed or poisonous substance or by electricity shall
by him. All streams, ponds, and waters within constitute a presumption that the owner,
game refuges, bird sanctuaries, national operator or fisherman were fishing with the
parks, botanical gardens, communal forests use of explosives, obnoxious or poisonous
and communal pastures are hereby declared substance or by electricity.
fish refuges and sanctuaries. Section 34. Fishing with fine-mesh nets. It
CHAPTER VI shall be unlawful for any person to fish with
PROHIBITION AND PENALTIES nets with mesh smaller than that which may
be fixed by rules and regulations promulgated
Section 33. Illegal fishing, dealing in illegally conformably with the provisions of section 7
caught fish or fishery/aquatic products.It shall hereof: Provided, That this prohibition in the
be unlawful for any person to catch, take or use of fine-mesh nets shall not apply to the
gather or cause to be caught, taken or gathering of fry, glass cells and elvers and
gathered fish or fishery/aquatic products in such species which by their very nature are
Philippine waters with the use of explosives, small but already mature.
obnoxious or poisonous substance, or by the
use of electricity as defined in paragraphs (1), Section 35. Trawl fishing in waters seven
(m) and (d), respectively, of Section 3 hereof: fathoms deep or less. Subject to the
Provided, That the Secretary may, upon provisions of Section 17 hereof, no person
recommendation of the Director and subject to shall operate trawls in waters seven fathoms
such safeguards and conditions he deems deep or less.
necessary, allow for research, educational or Section 36. Ban on exportation of Bangus
scientific purposes only, the use of explosives, Fry. It shall be unlawful for any person to
obnoxious or poisonous substance or export "bangus" fry.
electricity to catch, take or gather fish or Section 37. Pollution of waters. It shall be
fishery/aquatic products in specified area: unlawful to place, cause to be placed,
Provided, further, That the use of chemicals to discharge or deposit, or cause to be
e r a d i c a t e p r e d a t o r s i n fi s h p o n d s i n discharged or deposited, or to pass or place
accordance with accepted scientific fishery where it can pass into Philippine waters,
practices without causing deleterious effects petroleum, acid, coal, or oil tar, lampback,
in neighboring waters shall not be construed aniline, asphalt, bitumen, or residuary
as the use of obnoxious or poisonous products of petroleum or carbonaceous
substance within the meaning of this section: material or substance, mollasses, mining and
Provided, finally, That the use of mechanical mill tailings, or any refuse, liquid or solid, from
bombs for killing whales, crocodiles, sharks or any refinery, gas house, tannery, distillery,
other large dangerous fishes, may be allowed, chemical works, sugar central, mill or factory
subject to the approval of the Secretary. of any kind, or any sawdust, shavings, slabs,
It shall, likewise, be unlawful for any person edgings, or any factory refuse or any
knowingly to possess, deal in, sell or in any substance or material deleterious to fish or
manner dispose of, for profit, any fish or fishery/aquatic life.
fishery/aquatic products which have been Section 38. Penalties. (a) For illegal fishing
illegally caught, taken or gathered. and dealing in illegally caught fish or fishery/

369
aquatic products. Violation of Section 33 imprisonment, in the discretion of the
hereof shall be punished as follows: Court.
(1) By imprisonment from ten (d) Other violations. Violation of any
(10) to twelve (12) years, if other provision of this Decree, or of
explosives are used: Provided, any rule or regulation already existing,
That if the explosion results 1) or which may be promulgated
in physical injury to any pursuant to this Decree, shall subject
person, the penalty shall be the offender to fine of from five
imprisonment from twelve (12) hundred pesos (P500.00) to five
to twenty (20) years, or 2) in thousand pesos (P5,000.00) or
the loss of human life, then the imprisonment from six (6) months to
penalty shall be imprisonment four (4) years, or both such fine and
from twenty (20) years to life, imprisonment, in the discretion of the
or death; Court: Provided, That the Director of
(2) By imprisonment from eight Fisheries and Aquatic Resources is
(8) to ten (10) years, if hereby empowered to impose upon
obnoxious or poisonous the offender an administrative fine of
substances are used: n o t m o r e t h a n fi v e t h o u s a n d
Provided, That if the use of (P5,000.00) or to cancel his permit or
such substances results 1) in license, in the discretion of the
physical injury to any person, Director: Provided, further, That the
the penalty shall be Director, or his duly authorized
imprisonment from ten (10) to representative, and law enforcement
twelve (12) years, or 2) in the agents are hereby empowered to
loss of human life, then the impound with the assistance of the
penalty shall be imprisonment Philippine Coast Guard, if necessary,
from twenty (20) years to life t h e fi s h i n g b o a t i n c l u d i n g t h e
or death; dynamite, blasting caps and other
explosives, obnoxious or poisonous
(3) By imprisonment from two substances, and apparatus used in
(2) to four (4) years, if electric fishing, and other apparatus
electricity is used; and used in illegal fishing, pending the
(4) By imprisonment from two termination of the criminal case by
(2) to six (6) years for dealing competent courts: Provided; finally,
in illegally caught fish or That any person who unlawfully
fishery/aquatic products. obstructs or delays the inspection and/
or movement of fish and fishery/
(b) Trawl fishing. Violation of section aquatic products when such
35 hereof shall be punished by a fine inspection and/or movement is
not exceeding one thousand pesos authorized under this Decree, shall be
(P1,000.00) or imprisonment for a subject to a fine of not more than two
period not exceeding one (1) year, or thousand pesos (P2,000.00) or
both fine and imprisonment, in the imprisonment of not more than two (2)
discretion of the Court. y e a r s , o r b o t h s u c h fi n e a n d
(c) Exportation of "bangus" fry. imprisonment, in the discretion of the
Violation of section 36 shall be Court.
punished by a fine of not less than one Any public official, who enforces an
thousand pesos (P1,000.00) nor more ordinance, resolution, rule and/or
than five thousand pesos (P5,000.00) regulation concerning fishing and
or by imprisonment for not less than fisheries not previously approved by
one (1) year nor more than five (5) the Secretary, shall be criminally
y e a r s , o r b o t h s u c h fi n e a n d prosecuted and, upon conviction, shall
suffer the penalty of not more than five

370
 (5) years imprisonment or a fine of not c) Vessel employing unlicensed
more than ten thousand pesos fishermen. A vessel found employing
(P10,000.00) or both such fine and unlicensed fishermen shall be fined in
imprisonment, in the discretion of the a sum of not less than fifty pesos
Court. (P50.00) nor more than one hundred
Action on any violation mentioned in pesos (P100.00) for each fishermen
this Chapter shall be taken if the and for each month such fishermen is
Secretary so decides. employed.

Section 39.Seizure proceedings.Any foreign d) Obstruction of fishery officers. The

fishing boat illegally engaged in fishing within owner, master or operator of any
Philippine waters shall be summarily fishing boat, whether licensed or not,
confiscated administratively, including its who obstructs or hinders, or causes to
catch and fishing equipment, without prejudice be obstructed or hindered, any fishery
to any civil or criminal action that may be officer from boarding such boat to
taken against its owners and/or operators. enable said officer to perform his duty
shall be fined in an amount not
Section 40. Persons authorized to enforce e x c e e d i n g fi v e h u n d r e d p e s o s
t h i s D e c r e e a n d fi s h e r i e s r u l e s a n d (P500.00). In addition, the license of
regulations. Members of the Philippine Coast the fishing boat may be cancelled.
Guard, Philippine Constabulary, local police
force, government law enforcement agencies e) Failure to submit required reports.
and other competent government employees The owner, master or operator of a
duly designated in writing by the Secretary, fishing boat who fails to submit a
are hereby made deputies of said Secretary in required report within thirty (30) days
the enforcement of this Decree and fisheries after due date shall be fined in an
rules and regulations. amount not exceeding five pesos
(P5.00).
Section 41. Compromise. With the approval
of the Secretary, the Director may, at any g) Transfer of ownership or lease of
stage of the proceeding, compromise any fishing boat to be reported. Any owner
case arising under any provision of the of a fishing boat who fails to notify the
Decree, subject to the following schedule of Director of the sale or lease of the
administrative fines: boat to another person within ten (10)
days after the sale or lease, shall be
a) Vessels entering fishery reserve or fined in an amount not exceeding two
closed areas. Any vessel, licensed or hundred pesos (P200.00).
unlicensed, entering a fishery reserve
or a declared closed area for the h) Vessel engaging in fishing without
purpose of fishing shall be fined in a license. The owner, master or operator
sum not exceeding five thousand of a fishing boat engaging in fishing
pesos (P5,000.00). operations without a license shall be
fined in an amount not exceeding one
b) Vessels fishing or continuing to fish thousand pesos (P1,000.00) for each
after the expiration of the license. A month or fraction thereof of operation.
vessel continuing to fish within sixty
(60) days from the date of expiration i) Other violations. Other violations
of the license shall pay the ordinary may be compromised: Provided, That
annual license fee in full. A vessel the fine shall not be less than fifty per
fishing or continuing to fish without cent (50%) of the fine originally
having produced the renewal of the imposed for the violation.
license therefor shall be fined in a sum CHAPTER VII
not exceeding fifty pesos (P50.00) for GENERAL PROVISIONS
every month the license remains Section 41. The Fisheries Loan and
unrenewed. Guarantee fund. There is hereby created the
Fisheries Loan an Guarantee Fund which

371
shall be administered by the Central Bank of hundred and ninety or other laws, or
the Philippines. The fund shall, through the under project supervision.
financial institutions mentioned in Section 42 Section 43. Financing of Municipal and/or
hereof, be available for lending to qualified Small-Scale fishing. Municipal and/or small-
borrowers to finance the development of the scale fisherman who are members of a
fishery industry. cooperative may avail of financing from any
The Fund shall also guarantee eighty-five per fund administered by the Central Bank or from
cent (85%) of the losses which may be rural banks under a supervised credit scheme.
suffered by the lending institution in case of Such loan may cover the acquisition and/or
default by the borrower, with the remaining repair of bancas, engines and fishing
fifteen per cent (15%) of such losses being equipment.
absorbed by the lending institution. Section 44. Establishment and Operation of
S e c t i o n 4 2 . L o a n s t o t h e F i s h e r y Refrigerating and Cold-Storage Plants. Any
Industry. The Development Bank of the provision of law to the contrary
Philippines, the Philippine National Bank, and notwithstanding, any person, association,
the Philippine Veterans Bank and other cooperative or corporation may establish and
government-owned or controlled banking or operate subject to the guidelines established
financial institutions and rural banks shall by the Council and the approval of the
make loans available to eligible borrowers as Secretary, refrigerating and cold storage
their respective charters and articles of plants which shall serve the fishing industry
incorporation and by-laws provide and policies exclusively.
of the Central Bank of the Philippines allow: Section 45. Exemption of Fisherman from
Provided, That projects of veterans and their Operation of the Blue Sunday Law and the
qualified heirs within the purview of the Eight-Hour Labor Law. Fishermen on board
Program shall be funded by the Philippine fishing boats engaged in fishing operations
Veterans Bank, with priority to family-size are hereby exempted from the provisions of
fishponds: Provided, further, That the the Blue Sunday Law and the Eight-Hour
Development Bank of the Philippines, the Labor Law.
Philippine National Bank, and the Philippine
Veterans Bank and other government-owned S e c t i o n 4 6 . A u d i t o r. T h e C h a i r m a n ,
or controlled banking of financial institutions Commission on Audit, shall act as the ex-
and rural banks dealing with medium and officio auditor of the Fishery Industry
long-term loans shall: Development Council and the Bureau of
Fisheries and Aquatic Resources. The
a) Grant loans for the development, provisions Section 584 of the Revised
rehabilitation and maintenance of Administrative Code, as amended by
fishponds, fishpens and acquisitions of Presidential Decree No. 61, shall apply to the
fishing boats and fishing equipment; office of the representative of the said
b) Extend loan for production, Chairman in the Council and the Bureau.
handling, processing and marketing, Section 47.Receipts of Bureau automatically
including the establishment and appropriated for certain purposes. In addition
operation of refrigerating plants and to the amount appropriated for the Bureau in
cold storage facilities; the annual general appropriations act/decree,
c) Grant loans to leaseholders of all fees collected pursuant to this Decree and
public lands for the development of the rules and regulations promulgated by
fishponds: Provided, that the duration virtue of this Decree and other laws, bonds
of the lease contract shall be longer that may be forfeited, fines, proceeds from the
than the period of repayment of the sale of fish and fishery/aquatic products raised
loan. in fish farms, experimental and demonstration
All loans shall be extended under stations, rentals from fishponds and receipts
supervised credit as prescribed by from other sources except the proceeds of the
Republic Act Numbered Sixty-three sale of assets of the Bureau, will be released

372
by the President upon recommendation of the
Secretary annually and made available to the
Bureau for the conservation and development
of fishery/aquatic resources, construction of
permanent improvement including offices and
other buildings and acquisition of sites,
promotion and development of the fishing
industry, operation and maintenance of
experimental fishery stations, and for salaries
and wages of necessary personnel.
Section 48.Appropriation.The sum of twenty-
one million pesos (P21,000,000.00), one
million pesos (P1,000,000.00) of which shall
be for the operational expenses of the Fishery
Industry Development Council for the current
fiscal year and the remaining balance to
constitute the Fisheries Loan and Guarantee
Fund, is hereby authorized to be appropriated
out any funds in the National Treasury not MALACAANG
otherwise appropriated. Manila
Section 49. Repealing Clause. Presidential PRESIDENTIAL DECREE No. 705 May 19,
Decrees Nos. 43, 534 and 553, Act No. 4003, 1975
as amended, Republic Acts No. 428, as REVISING PRESIDENTIAL DECREE NO.
amended, 3048, 3512, and 3586, and all 3 8 9 , O T H E RW I S E K N O W N A S T H E
Decrees, Acts, Executive Orders, rules, FORESTRY REFORM CODE OF THE
regulations or parts thereof inconsistent with PHILIPPINES
the provisions of this Decree are hereby
repealed or modified accordingly. W H E R E A S , p r o p e r c l a s s i fi c a t i o n ,
management and utilization of the lands of the
Section 50. Separability Clause. The public domain to maximize their productivity to
provisions of this Decree are hereby declared meet the demands of our increasing
to be separable and, if any clause, sentence, population is urgently needed;
provision or section of this Decree or
application thereof to any person or WHEREAS, to achieve the above purpose, it
circumstances should for any reason be held is necessary to reassess the multiple uses of
invalid, such invalidity shall not affect the other forest lands and resources before allowing
provisions or application of this Decree. any utilization thereof to optimize the benefits
that can be derived therefrom;
Section 51.Effectivity.This Decree shall take
effect upon promulgation. WHEREAS, it is also imperative to place
emphasis not only on the utilization thereof
Done in the City of Manila, this 16th day of but more so on the protection, rehabilitation
May, in the year of Our Lord, nineteen and development of forest lands, in order to
hundred and seventy-five. ensure the continuity of their productive
condition;
WHEREAS, the present laws and regulations
governing forest lands are not responsive
enough to support re-oriented government
programs, projects and efforts on the proper
classification and delimitation of the lands of
the public domain, and the management,
utilization, protection, rehabilitation, and
development of forest lands;

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NOW, THEREFORE, I, FERDINAND E. (e) Grazing land refers to that portion
MARCOS, President of the Philippines, by of the public domain which has been
virtue of the powers in me vested by the set aside, in view of the suitability of
Constitution, do hereby revise Presidential its topography and vegetation, for the
Decree No. 389 to read as follows: raising of livestock.
Section 1. Title of this Code. This decree (f) Mineral lands refer to those lands of
shall be known as the "Revised Forestry Code the public domain which have been
of the Philippines." classified as such by the Secretary of
Section 2. Policies. The State hereby adopts Natural Resources in accordance with
the following policies: prescribed and approved criteria,
guidelines and procedure.
(a) The multiple uses of forest lands
shall be oriented to the development (g) Forest reservations refer to forest
and progress requirements of the lands which have been reserved by
country, the advancement of science the President of the Philippines for any
and technology, and the public specific purpose or purposes.
welfare; (h) National park refers to a forest land
(b) Land classification and survey reservation essentially of primitive or
shall be systematized and hastened; wilderness character which has been
withdrawn from settlement or
(c) The establishment of wood- occupancy and set aside as such
processing plants shall be encouraged exclusively to preserve the scenery,
and rationalized; and the natural and historic objects and
(d) The protection, development and the wild animals or plants therein, and
rehabilitation of forest lands shall be to provide enjoyment of these features
emphasized so as to ensure their in such a manner as will leave them
continuity in productive condition. unimpaired for future generations.
Section 3.Definitions. (i) Game refuge or bird sanctuary
refers to a forest land designated for
(a) Public forest is the mass of lands the protection of game animals, birds
of the public domain which has not and fish and closed to hunting and
been the subject of the present fishing in order that the excess
system of classification for the population may flow and restock
determination of which lands are surrounding areas.
needed for forest purposes and which
are not. (j) Marine parks refers to any off-shore
area inhabited by rare and unique
(b) Permanent forest or forest species of marine flora and fauna.
reserves refer to those lands of the
public domain which have been the (k) Seashore park refers to any public
subject of the present system of shore area delimited for outdoor
classification and determined to be recreation, sports fishing, water skiing
needed for forest purposes. and related healthful activities.
(c) Alienable and disposable lands (l) Watershed reservation is a forest
refer to those lands of the public land reservation established to protect
domain which have been the subject or improve the conditions of the water
of the present system of classification yield thereof or reduce sedimentation.
and declared as not needed for forest (m) Watershed is a land area drained
purposes. by a stream or fixed body of water and
(d) Forest lands include the public its tributaries having a common outlet
forest, the permanent forest or forest for surface run-off.
reserves, and forest reservations. (n) Critical watershed is a drainage
area of a river system supporting

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existing and proposed hydro-electric (v) Multiple-use is the harmonized
power and irrigation works needing utilization of the numerous beneficial
immediate rehabilitation as it is being uses of the land, soil, water, wildlife,
subjected to a fast denudation causing recreation value, grass and timber of
accelerated erosion and destructive forest lands.
floods. It is closed from logging until it (w) Selective logging means the
is fully rehabilitated. systematic removal of the mature,
(o) Mangrove is a term applied to the over-mature and defective trees in
type of forest occurring on tidal flat such manner as to leave adequate
along the sea coast, extending along number and volume of healthy
streams where the water is brackish. residual trees of the desired species
(p) Kaingin is a portion of the forest necessary to assure a future crop of
land, whether occupied or not, which timber, and forest cover for the
is subjected to shifting and/or protection and conservation of soil and
permanent slash-and-burn cultivation water.
having little or no provision to prevent (x) Seed tree system is partial
soil erosion. clearcutting with seed trees left to
(q) Forest product means timber, regenerate the area.
pulpwood, firewood, bark, tree top, (y) Healthy residual is a sound or
r e s i n , g u m , w o o d , o i l , h o n e y, slightly injured tree of the commercial
beeswax, nipa, rattan, or other forest species left after logging.
growth such as grass, shrub, and (z) Sustained-yield management
flowering plant, the associated water, implies continuous or periodic
fi s h , g a m e , s c e n i c , h i s t o r i c a l , production of forest products in a
recreational and geologic resources in working unit with the aid of achieving
forest lands. at the earliest practicable time an
(r) Dipterocarp forest is a forest approximate balance between growth
dominated by trees of the dipterocarp and harvest or use. This is generally
species, such as red lauan, tengile, applied to the commercial timber
tiaong, white lauan, almon, bagtikan resources and is also applicable to the
and mayapis of the Philippine water, grass, wildlife, and other
mahogany group, apitong and the renewable resources of the forest.
yakals. (aa) Processing plant is any
(s) Pine forest is a forest composed of mechanical set-up, machine or
the Benguet Pine in the Mountain combination of machine used for the
Provinces or the Mindoro pine in processing of logs and other forest
Mindoro and Zambales provinces. raw materials into lumber, veneer,
(t) Industrial tree plantation is any tract plywood, wallboard, block-board,
of forest land purposely and paper board, pulp, paper or other
extensively planted to timber crops finished wood products.
primarily to supply the raw material (bb) Lease is a privilege granted by
requirements of existing or proposed the State to a person to occupy and
processing plants and related possess, in consideration of a
industries. specified rental, any forest land of the
(u) Tree farm refers to any tract of public domain in order to undertake
forest land purposely and extensively any authorized activity therein.
planted to trees of economic value for (cc) License is a privilege granted by
their fruits, flowers, leaves, barks, or the State to a person to utilize forest
extractives, but not for the wood resources as in any forest land,
thereof. without any right of occupation and
possession over the same, to the

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exclusion of others, or establish and this Code, other related laws, as well
operate a wood-processing plant, or as their implementing regulations.
conduct any activity involving the (ll) Primitive tribe is a group of
utilization of any forest resources. endemic tribe living primitively as a
(dd) License agreement is a privilege distinct portion of a people from a
granted by the State to a person to common ancestor.
utilize forest resources within any (mm) Private right means or refers to
forest land with the right of possession titled rights of ownership under
and occupation thereof to the existing laws, and in the case of
exclusion of others, except the primitive tribes, to rights of possession
government, but with the existing at the time a license is
corresponding obligation to develop, granted under this Code, which
protect and rehabilitate the same in possession may include places of
accordance with the terms and abode and worship, burial grounds,
conditions set forth in said agreement. and old clearings, but excludes
(ee) Permit is a short-term privilege or production forest inclusive of logged-
authority granted by the State to a over areas, commercial forests and
person to utilize any limited forest established plantations of forest trees
resources or undertake a limited and trees of economic value.
activity with any forest land without (nn) Person includes natural as well
any right of occupation and as juridical person.
possession therein.
CHAPTER I
(ff) Annual allowable cut is the volume ORGANIZATION AND JURISDICTION OF
of materials, whether of wood or other THE BUREAU
forest products, that is authorized to
be cut regularly from the forest. Section 4. Creation of, and merger of all
forestry agencies into, the Bureau of Forest
(gg) Cutting cycle is the number of D e v e l o p m e n t . F o r t h e p u r p o s e o f
years between major harvests in the implementing the provisions of this Code, the
same working unit and/or region, Bureau of Forestry, the Reforestation
within a rotation. Administration, the Southern Cebu
(hh) Ecosystem means the ecological Reforestation Development Project, and the
community considered together with Parks and Wildlife Office, including applicable
non-living factors and its environment appropriations, records, equipment, property
as a unit. and such personnel as may be necessary, are
(ii) Silviculture is the establishment, hereby merged into a single agency to be
development reproduction and care of known as the Bureau of Forest Development,
forest trees. hereinafter referred to as the Bureau.

(jj) Rationalization is the organization Section 5.Jurisdiction of Bureau.The Bureau

of a business or industry using shall have jurisdiction and authority over all
scientific business management forest land, grazing lands, and all forest
principles and simplified procedures to reservations including watershed reservations
obtain greater efficiency of operation. presently administered by other government
agencies or instrumentalities.
(kk) Forest officer means any official
or employee of the Bureau who, by It shall be responsible for the protection,
the nature of his appointment or the development, management, regeneration, and
function of the position to which he is reforestation of forest lands; the regulation
appointed, is delegated by law or by and supervision of the operation of licensees,
competent authority to execute, lessees and permittees for the taking or use of
implement or enforce the provisions of forest products therefrom or the occupancy or
use thereof; the implementation of multiple
use and sustained yield management in forest

376
lands; the protection, development and
preservation of national parks, marine parks,
game refuges and wildlife; the implementation
of measures and programs to prevent kaingin
and managed occupancy of forest and grazing
lands; in collaboration with other bureaus, the
effective, efficient and economic classification
of lands of the public domain; and the
enforcement of forestry, reforestation, parks,
game and wildlife laws, rules, and regulations.
The Bureau shall regulate the establishment
and operation of sawmills, veneer and
plywood mills and other wood processing
plants and conduct studies of domestic and
world markets of forest products.
Section 6.Director and Assistant Director and
their qualifications. The Bureau shall be
headed by a Director, who shall be assisted
by one or more Assistant Directors. The
Director and Assistant Directors shall be
appointed by the President.
No person shall be appointed Director or
Assistant Director of the Bureau unless he is a

377
natural born citizen of the Philippines, at least 30 years of age, a holder of at least a Bachelor's
Degree in Forestry or its equivalent, and a registered forester.
Section 7.Supervision and Control.The Bureau shall be directly under the control and supervision
of the Secretary of the Department of Natural Resources, hereinafter referred to as the Department
Head.
Section 8. Review. All actions and decisions of the Director are subject to review, motu propio or
upon appeal of any person aggrieved thereby, by the Department Head whose decision shall be final
and executory after the lapse of thirty (30) days from receipt by the aggrieved party of said decision,
unless appealed to the President in accordance with the Executive Order No. 19, series of 1966. The
Decision of the Department Head may not be reviewed by the courts except through a special civil
action for certiorari or prohibition.
Section 9.Rules and Regulations.The Department Head, upon the recommendation of the Director
of Forest Development, shall promulgate the rules and regulations necessary to implement
effectively the provisions of this Code.
Section 10.Creation of Functional Divisions, and Regional and District Offices.All positions in the
merged agencies are considered vacant. Present occupants may be appointed in accordance with a
staffing pattern or plan of organization to be prepared by the Director and approved by the
Department Head. Any appointee who fails to report for duty in accordance with the approved plan
within thirty (30) days upon receipt of notification shall be deemed to have declined the appointment,
in which case the position may be filed by any other qualified applicant.
For the efficient and effective implementation of the program of the Bureau, the following divisions
and sections are hereby created, to wit:

Divisions Sections

Planning and Evaluation Program Planning;

Performance Evaluation;
Forest Economics;
Management Analysis
Data & Information.

Administrative Division Personnel;

Budget;
Accounting;
Information;
General Services.

Legal Division
Reforestation and Afforestation Cooperative Planting;
Division Planting Stock Production;
Plantation Management.

Timber Management Division Forest Surveys, Data & Mapping;

Sulviculture;
Timber Inventory & Photo-
Interpretation;
Timber Management Plans;
Land Classification.

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 Utilization Division Timber Operations;
Land Uses;
Utilization.

Forest Protection and Infrastructure Forest Protection;

Forest Occupancy
Management;
Watershed Management;
Infrastructure.

Parks, Wildlife Division Parks Management;

Recreation Management;
Wildlife Management;
Range Management.

Security and Intelligence Division

Forest Development Training Center Technical Training;
Non-Technical Training.

The Department Head may, upon recommendation of the Director, reorganize or create such other
divisions, sections of units as may be deemed necessary and to appoint the personnel there:
Provided, That an employee appointed or designated as officer-in-charge of a newly created
division, section or unit, or to an existing vacant position with a higher salary, shall receive, from the
date of such appointment or designation until he is replaced or reverted to his original position, the
salary corresponding to the position temporarily held by him.
There shall be created at least eleven regional offices. In each region, there shall be as many forest
districts as may be necessary, in accordance with the extent of forest area, established work loads,
need for forest protection, fire prevention and other factors, the provisions of any law to the contrary
notwithstanding: Provided, That the boundaries of such districts shall follow, whenever possible,
natural boundaries of watersheds under the river-basin concept of management.
Section 11.Manpower Development.The Bureau shall establish and operate an in-service training
center for the purpose of upgrading and training its personnel and new employees.
The Bureau shall also set aside adequate funds to enable personnel to obtain special education and
training in local or foreign colleges or institutions.
Section 12. Performance Evaluation. The Bureau shall devise a system, to be approved by the
Department Head, to evaluate the performance of its employees. The system shall measure
accomplishment in quantity and quality of performance as related to the funded program of work

assigned to each organizational unit. There employee training civil service awards and
shall be included a system of periodic transfer or disciplinary action.
inspection of district offices by the regional CHAPTER II
offices and the regional and district offices by CLASSIFICATION AND SURVEY
the Central Office in both functional fields and
in the overall assessment of how each S e c t i o n 1 3 . S y s t e m o f L a n d
administrative unit has implemented the laws, Classification. The Department Head shall
regulations, policies, programs, and practices study, devise, determine and prescribe the
relevant to such unit. The evaluation system criteria, guidelines and methods for the proper
shall provide the information necessary for and accurate classification and survey of all
annual progress reports and determination of lands of the public domain into agricultural,

379
industrial or commercial, residential, occupant is qualified for a free patent under
resettlement, mineral, timber or forest, and the Public Land Act: Provided, That said
grazing lands, and into such other classes as lands, which are not yet part of a well-
now or may hereafter be provided by law, established communities, shall be kept in a
rules and regulations. vegetative condition sufficient to prevent
In the meantime, the Department Head shall erosion and adverse effects on the lowlands
simplify through inter-bureau action the and streams: Provided, further, That when
present system of determining which of the public interest so requires, steps shall be
unclassified lands of the public domain are taken to expropriate, cancel defective titles,
needed for forest purposes and declare them reject public land application, or eject
as permanent forest to form part of the forest occupants thereof.
reserves. He shall decree those classified and Section 16. Areas needed for forest
determined not to be needed for forest purposes. The following lands, even if they
purposes as alienable and disposable lands, are below eighteen per cent (18%) in slope,
the administrative jurisdiction and are needed for forest purposes, and may not,
management of which shall be transferred to therefore, be classified as alienable and
the Bureau of Lands: Provided, That disposable land, to wit:
mangrove and other swamps not needed for 1. Areas less than 250 hectares which
shore protection and suitable for fishpond are far from, or are not contiguous
purposes shall be released to, and be placed with, any certified alienable and
under the administrative jurisdiction and disposable land;
management of, the Bureau of Fisheries and
Aquatic Resources. Those still to be classified 2. Isolated patches of forest of at least
under the Present system shall continue to five (5) hectares with rocky terrain, or
remain as part of the public forest. which protect a spring for communal
use;
Section 14. Existing Pasture Leases and
Permits in Forest Lands. Forest lands which 3. Areas which have already been
have been the subject of pasture leases and reforested;
permits shall remain classified as forest lands 4. Areas within forest concessions
until classified as grazing lands under the which are timbered or have good
criteria, guidelines and methods of residual stocking to support an
classification to be prescribed by the existing, or approved to be
Department Head: Provided, That the established, wood processing plant;
administration, management and disposition
of grazing lands shall remain under the 5. Ridge tops and plateaus regardless
Bureau. of size found within, or surrounded
wholly or partly by, forest lands where
Section 15.Topography.No land of the public headwaters emanate;
domain eighteen per cent (18%) in slope or
over shall be classified as alienable and 6. Appropriately located road-rights-or-
disposable, nor any forest land fifty per cent way;
(50%) in slope or over, as grazing land. 7. Twenty-meter strips of land along
Lands eighteen per cent (18%) in slope or the edge of the normal high waterline
over which have already been declared as of rivers and streams with channels of
alienable and disposable shall be reverted to at least five (5) meters wide;
the classification of forest lands by the 8. Strips of mangrove or swamplands
Department Head, to form part of the forest at least twenty (20) meters wide, along
reserves, unless they are already covered by shorelines facing oceans, lakes, and
existing titles or approved public land other bodies of water, and strips of
application, or actually occupied openly, land at least twenty (20) meters wide
continuously, adversely and publicly for a facing lakes;
period of not less than thirty (30) years as of
the effectivity of this Code, where the

380
 9. Areas needed for other purposes, occupation or possession thereof, or the
such as national parks, national conduct of any activity therein.
historical sites, game refuges and Only the utilization, exploitation, occupation or
wildlife sanctuaries, forest station possession of any forest land, or any activity
sites, and others of public interest; and therein, involving one or more or its resources,
10. Areas previously proclaimed by which will produce the optimum benefits to the
the President as forest reserves, development and progress of the country and
national parks, game refuge, bird the public welfare, without impairment or with
sanctuaries, national shrines, national the least injury to its other resources, shall be
historic sites: allowed.
Provided, That in case an area falling under All forest reservations may be open to uses
any of the foregoing categories shall have not inconsistent with the principal objectives of
been titled in favor of any person, steps shall the reservation: Provided, That critical
be taken, if public interest so requires, to have watersheds and national parks shall not be
said title cancelled or amended, or the titled subject to logging operations.
area expropriated. Section 20. License agreement, license,
Section 17. Establishment of boundaries of lease or permit.No person may utilize, exploit,
forest lands. All boundaries between occupy, possess or conduct any activity within
permanent forests and alienable and any forest land, or establish and operate any
disposable lands shall be clearly marked and wood-processing plant, unless he has been
maintained on the ground, with infrastructure authorized to do so under a license
or roads, or concrete monuments at intervals agreement, lease, license, or permit.
of not more than five hundred (500) meters in Section 21. Sustained yield. All measures
accordance with established procedures and shall be taken to achieve an approximate
standards, or any other visible and practicable balance between growth and harvest or use of
signs to insure protection of the forest. forest products in forest lands.
Section 18. Reservations in forest lands and A. TIMBER
off-shore areas. The President of the
Philippines may establish within any lands of Section 22. Silvicultural and harvesting
the public domain, forest reserve and forest systems. In any logging operations in
reservation for the national park system, for production forests within forest lands, the
preservation as critical watersheds, or for any proper silvicultural and harvesting systems
other purpose, and modify boundaries of that will promote optimum sustained yield
existing ones. The Department Head may shall be practised.
reserve and establish any portion of the public (a) For dipterocarp forest, selective
forest or forest reserve as site or experimental logging shall be practised.
forest for use of the Forest Research Institute.
(b) For pine forest, the seed tree
When public interest so requires, any off- system with planting when necessary
shore area needed for the preservation and shall be practised.
protection of its educational, scientific,
historical, ecological and recreational values (c) For other types of forest, the
including the marine life found therein, shall silvicultural and harvesting system that
be established as marine parks. will be found suitable by research shall
be applied. Meanwhile, a system
CHAPTER III based on observation and practices
UTILIZATION AND MANAGEMENT abroad may be adopted initially.
Section 19. Multiple use. The numerous Any practised system are subject to
beneficial uses of the timber, land, soil, water, modification or changes based on research
wildlife, recreation value and grass of forest findings.
lands shall be evaluated and weighted before
allowing the utilization, exploitation, Section 23. Timber inventory. The Bureau
shall conduct a program of progressive

381
inventories of the harvestable timber and timber either from the unlogged or logged-
young trees in all forest lands, whether over area.
covered by any license agreement, license, It shall be a condition for the continued
lease or permit, or not, until a one hundred per privilege to harvest timber under any license
cent (100%) timber inventory thereon has or license agreement that the licensee shall
been achieved. reforest all the areas which shall be
Section 24.Required inventory prior to timber determined by the Bureau.
utilization in forest lands.No harvest of timber Section 28.Size of forest concessions.Forest
in any forest land shall be allowed unless it lands shall not be held in perpetuity.
has been the subject of at least a five per cent
(5%) timber inventory, or any statistically The size of the forest lands which may be the
sound timber estimate, made not earlier than subject of timber utilization shall be limited to
five (5) years prior to the issuance of a license that which a person may effectively utilize and
agreement or license allowing such utilization. develop for a period of fifty (50) years,
considering the cutting cycle, the past
Section 25. Cutting cycle. The Bureau shall performance of the applicant and his capacity
apply scientific cutting cycle and rotation in all not only to utilize but, more importantly, to
forest lands, giving particular consideration to protect and manage the whole area, and the
the age, volume and kind of healthy residual requirements of processing plants existing or
trees which may be left undisturbed and to be installed in the region.
undamaged for future harvest and forest cover
indipterocarp area, and seed trees and Forest concessions which had been the
reproduction in pine area. subject of consolidations shall be reviewed
and re-evaluated for the effective
Section 26.Annual allowable cut.The annual implementation of protection, reforestation
allowable cut of any particular forest land shall and management thereof under the multiple
be determined on the basis of the established use and sustained yield concepts, and for the
rotation and cutting cycle thereof, and the processing locally of the timber resources
volume and kind of harvestable timber and therefrom.
healthy residuals, seed trees and reproduction
found therein. B. WOOD-PROCESSING
Section 27.Duration of license agreement or S e c t i o n 2 9 . I n c e n t i v e s t o t h e w o o d
license to harvest timber in forest lands. The i n d u s t r y. T h e D e p a r t m e n t H e a d , i n
duration of the privilege to harvest timber in collaboration with other government agencies
any particular forest land under a license and the wood industry associations and other
agreement or license shall be fixed and private entities in the country, shall evolve
determined in accordance with the annual incentives for the establishment of an
allowable cut therein, the established cutting integrated wood industry in designated wood
cycle thereof, the yield capacity of harvestable industry centers and/or economic area.
timber, and the capacity of healthy residuals The President of the Philippines, upon the
for a second growth. recommendations of the National Economic
The privilege shall automatically terminate, Development Authority and the Department
even before the expiration of the license Head, may establish wood industry import-
agreement of license, the moment the export centers in selected locations: Provided,
harvestable timber have been utilized without That logs imported for such centers shall be
leaving any logged-over area capable of subject to such precaution as may be imposed
commercial utilization. by the Bureau, in collaboration with proper
government agencies, to prevent the
The maximum period of any privilege to introduction of pests, insects and/or diseases
harvest timber is twenty-five (25) years, detrimental to the forests.
renewable for a period, not exceeding twenty-
five (25) years, necessary to utilize all the Section 30. Rationalization of the wood
remaining commercial quantity or harvestable industry. While establishment of wood-
processing plants shall be encouraged, their

382
locations and operations shall be regulated in (d) Open tracts of forest lands with
order to rationalize the industry. No new slopes or gradients generally
processing plant shall be established unless exceeding fifty per cent (50%),
adequate raw material is available on a interspersed with patches of forest
sustained-yield basis in the area where the each of which is less than two
raw materials will come from. hundred fifty (250) hectares in area;
The Department Head may cancel, suspend, (e) Denuded or inadequately-timbered
or phase-out all uneconomical wood- areas proclaimed by the President as
processing plants which are not responsive to forest reserves and reservations as
the rationalization program of the government. critical watersheds, national parks,
Section 31. Wood wastes, weed trees and game refuge, bird sanctuaries,
r e s i d u e s . Ti m b e r l i c e n s e e s s h a l l b e national shrines, national historic sites;
encouraged and assisted to gather and save (f) Inadequately-stocked forest lands
the wood wastes and weed trees in their within forest concessions;
concessions, and those with processing (g) Portions of areas covered by
plants, the wood residues thereof, for pasture leases or permits having a
utilization and conversion into wood by- slope of at least fifty per cent (50%);
products and derivatives. and
S e c t i o n 3 2 . L o g p r o d u c t i o n a n d (h) River banks, easements, road
processing. Unless otherwise decreed by the rights-of-ways, deltas, swamps, former
President, upon recommendation of the river beds, and beaches.
National Economic Development Authority, the
entire production of logs by all licensees shall, Section 34. Industrial Tree Plantations and
beginning January 1, 1976, be processed Tree Farms.A lease for a period of twenty-five
locally. (25) years, renewable for another period not
exceeding twenty-five (25) years, for the
A licensee who has no processing plant may, establishment of an industrial tree plantation
subject to the approval of the Director, enter or a tree farm may be granted by the
into a contract with a wood processor for the Department Head upon recommendation of
processing of his logs. Wood processors shall the Director to any person qualified to develop
accept for processing only logs cut by, or and exploit natural resources, over timber or
purchased from, licensees of good standing at forest lands of the public domain categorized
the time of the cutting of logs. in Section 33 hereof, with a minimum area of
C. REFORESTATION One Thousand (1,000) hectares for industrial
S e c t i o n 3 3 . F o r e s t l a n d s t o b e tree plantation and One Hundred (100)
reforested. The following shall be reforested hectares for tree farm; Provided, That the size
and covered with suitable and sufficient trees, of the area that may be granted under each
to wit: category shall in each case depend upon the
capacity of the lessee to develop or convert
(a) Bare or grass-covered tracts of the area into productive condition within the
forest lands with at least fifty per cent term of the lease; Provided, further, That no
(50%) slope; lease shall be granted within critical
(b) Bare or grass-covered tracts of watersheds.
forest lands with less than fifty per Scattered areas of less than One Hundred
cent (50%) slope, but with soil so (100) hectares each may be leased for the
highly erodible as to make grass cover establishment of tree farms to different
inadequate for soil erosion control; qualified persons upon a showing that if
(c) Brushlands or tracts of forest lands developed as an integrated unit these areas
generally covered with brush, which can be economically exploited: Provided, That
need to be developed to increase their it shall be a condition of the lease that such
productivity; persons organize themselves into a

383
cooperative to ensure the orderly thereafter, the annual rental shall be
management thereof. one peso (P1.00) per hectare.
The lease may be granted under such terms (c) The lessee shall pay forest
and conditions as the Department Head may charges on the timber and other forest
prescribe, taking into account, among others, products grown and cut or gathered in
the raw material needs of forest-based an industrial tree plantation or tree
industries and the maintenance of a farm equivalent to six percent (6%)
wholesome ecological balance. current market value thereof;
Reforestation projects of the Government, or (d) Sale at cost of seedlings and free
portions thereof which, upon field evaluation, technical advice and assistance to
are found to be more suitable for, or can be persons who will develop their
better developed as, industrial tree plantations privately-owned lands into industrial
or tree farms in terms of benefits to the tree plantation or tree farm;
Government and the general surrounding (e) Exemption from the payment of the
area, may be the subject of the lease under percentage tax levied in Title V of the
this section. National Internal Revenue Code when
Section 35. Priority. Over any suitable area the timber and forest products are
covered by a timber license agreement, or a sold, bartered or exchanged by the
pasture lease agreement or permit, the priority lessee whether in their original state or
to establish industrial forest plantation or tree not;
farm shall be given to the holder thereof. (f) The Board of Investments shall,
The priority herein granted must, however, be notwithstanding its nationality
availed of within a reasonable period to be requirement on projects involving
determined by the Department Head, natural resources, classify industrial
otherwise, the area shall be declared open to tree plantations and tree farms as
any qualified person and consequently pioneer areas of investment under its
segregated from the holder's area. annual priority plan, to be governed by
Section 36. Incentives. To encourage the rules and regulations of said
qualified persons to engage in industrial tree Board. A lessee of an industrial tree
plantation and/or tree farming, the following plantation or tree farm may either
incentives are granted: apply to the Board of Investments for
the tax and other benefits thereunder,
(a) Payment of a nominal filing fee of or avail of the following benefits:
fifty centavos (P0.50) per hectare;
1. Amounts expended by a
(b) No rental shall be collected during lessee in the development and
the first five (5) years from the date of operation of an industrial tree
the lease; from the sixth year to the plantation or tree farm prior to
tenth year, the annual rental shall be the time when the production
fifty centavos (P0.50) per hectare; and state is reached, may, at the
thereafter, the annual rental shall be option of said lessee, be
one peso (P1.00) per hectare: regarded as ordinary and
Provided, That lessees of areas long necessary business expenses
denuded as certified by the Director or as capital expenditures; and
and approved by the Department
Head, shall be exempted from the 2. Deduction from an
payment of rental for the full term of investor's taxable income for
the lease which shall not exceed t h e y e a r, o f a n a n n u a l
twenty-five (25) years; for the first five investment allowance
(5) years following the renewal of the equivalent to thirty-three and
lease, the annual rental shall be fifty one-third per cent (33-1/3%) of
centavos (P0.50) per hectare; and his actual investment during
the year in an enterprise

384
 engaged in industrial tree resources from destruction, impairment and
plantation or tree farm: depletion.
Provided, That such Section 38. Control of concession area. In
investment shall not be order to achieve the effective protection of the
withdrawn for a period of at forest lands and the resources thereof from
least ten (10) years from the illegal entry, unlawful occupation, kaingin, fire,
date of investment: Provided, insect infestation, theft, and other forms of
f u r t h e r, T h a t s h o u l d t h e forest destruction, the utilization of timber
investment be withdrawn therein shall not be allowed except through
within such period, a tax license agreements under which the holders
equivalent to double the thereof shall have the exclusive privilege to
amount of the total income tax cut all the allowable harvestable timber in their
rebate resulting from the respective concessions, and the additional
investment allowance shall be right of occupation, possession, and control
payable as a lump sum in over the same, to the exclusive of all others,
addition to the income tax due except the government, but with the
from the taxpayer for the year corresponding obligation to adopt all the
the investment was withdrawn. protection and conservation measures to
(g) Except when public interest ensure the continuity of the productive
demands the alteration or condition of said areas, conformably with
modification, the boundaries of an multiple use and sustained yield management.
area covered by an industrial tree If the holder of a license agreement over a
plantation or tree farm lease, once forest area expressly or impliedly waives the
established on the ground, shall not privilege to utilize any softwood, hardwood or
be altered or modified; and mangrove species therein, a license may be
(h) A lessee shall not be subject to any issued to another person for the harvest
obligation prescribed in, or arising out thereof without any right of possession or
of, the provisions of the National occupation over the areas where they are
Internal Revenue Code on withholding found, but he shall, likewise, adopt protection
of tax at source upon interests paid on and conservation measures consistent with
borrowings incurred for development those adopted by the license agreement
and operation of the industrial tree holder in the said areas.
plantation or tree farm. Section 39.Regulation of timber utilization in
The Department Head may provide other all other classes of lands and of wood-
incentives in addition to those hereinabove processing plants. The utilization of timber in
granted to promote industrial tree plantation alienable and disposable lands, private lands,
and tree farms in special areas such as, but civil reservations, and all lands containing
not limited to, those where there are no roads standing or felled timber, including those
or where roads are inadequate, or areas with under the jurisdiction of other government
rough topography and remote areas far from agencies, and the establishment and
processing plants. operation of saw-mills and other wood-
All amounts collected under this section shall processing plants, shall be regulated in order
accrue to a special deposit of the Bureau to to prevent them from being used as shelters
be used for reforestation of critical watersheds for excessive and unauthorized harvests in
or degraded areas and other development forest lands, and shall not therefore be
activities, over and above the general allowed except through a license agreement,
appropriation of the said Bureau. license, lease or permit.

D. FOREST PROTECTION Section 40. Timber inventory in other lands

containing standing or felled timber. The
Section 37. Protection of all resources. All Bureau shall conduct a one hundred per cent
measures shall be taken to protect the forest (100%) timber inventory in alienable and
disposable lands and civil reservations

385
immediately upon classification or reservation Section 44. Visitorial power. The Department
thereof. Head may, by himself or thru the Director or
No harvest of standing or felled timber in any qualified person duly designated by the
alienable and disposable lands, private lands, Department Head, investigate, inspect and
civil reservation, and all other lands, including examine records, books and other documents
those under the jurisdiction of other relating to the operation of any holder of a
government agencies, shall be allowed unless license agreement, license, lease, or permit,
a one hundred per cent (100%) timber and its subsidiary or affiliated companies, to
inventory has been conducted thereon. determine compliance with the terms and
conditions thereof, this Code and pertinent
S e c t i o n 4 1 . S w o r n t i m b e r i n v e n t o r y laws, policies, rules and regulations.
reports. All reports on timber inventories of
forest lands, alienable and disposable lands, Section 45.Authority of forest officers.When
private lands, civil reservations, and all lands in the performance of their official duties,
containing standing or felled timber must be forest officers, or other government officials or
subscribed and sworn to by all the forest employees duly authorized by the Department
officers who conducted the same. Head or Director, shall have free entry into
areas covered by a license agreement,
Section 42. Participation in the development license, lease or permit.
of alienable and disposable lands and civil
reservations.The privilege to harvest timber in Forest officers are authorized to administer
alienable and disposable lands and civil oath and take acknowledgment in official
reservations shall be given to those who can matters connected with the functions of their
best help in the delineation and development office, and to take testimony in official
of such areas in accordance with the investigations conducted under the authority
management plan of the appropriate of this Code and the implementing rules and
government exercising jurisdiction over the regulations.
same. Section 46. Scaling stations. In collaboration
The extent of participation shall be based on with appropriate government agencies, the
the amount of timber which may be harvested Bureau shall establish control or scaling
therefrom. stations at suitably located outlets of timber
and other forest products to insure that they
Section 43. Swamplands and mangrove were legally cut or harvested.
forests. Strips of mangrove forest bordering
numerous islands which protect the shoreline, Section 47. Mining operations. Mining
the shoreline roads, and even coastal operations in forest lands shall be regulated
communities from the destructive force of the and conducted with due regard to protection,
sea during high winds and typhoons, shall be development and utilization of other surface
maintained and shall not be alienated. Such resources.
strips must be kept from artificial obstruction Location, prospecting, exploration, utilization
so that flood water will flow unimpeded to the or exploitation of mineral resources in forest
sea to avoid flooding or inundation of reservations shall be governed by Mining
cultivated areas in the upstream. laws, rules and regulations. No location,
All mangrove swamps set aside for coast- prospecting, exploration, utilization, or
protection purposes shall not be subject to exploitation of mineral resources inside forest
clear-cutting operation. concessions shall be allowed unless proper
notice has been served upon the licensees
Mangrove and other swamps released to the thereof and the prior approval of the Director,
Bureau of Fisheries and Aquatic Resources secured.
for fishpond purposes which are not utilized,
or which have been abandoned for five (5) Mine tailings and other pollutants affecting the
years from the date of such release shall health and safety of the people, water, fish,
revert to the category of forest land. vegetation, animal life and other surface
resources, shall be filtered in silt traps or other

386
filtration devices and only clean exhausts and All roads and infrastructure constructed by
liquids shall be released therefrom. holders of license agreements, licenses,
Surface-mined areas shall be restored to as leases and permits belong to the State and
near its former natural configuration or as the use and administration thereof shall be
approved by the Director prior to its transferred to the government immediately
abandonment by the mining concern. upon the expiration or termination thereof.
Prior thereto the Bureau may authorize the
Section 48. Mineral Reservations. Mineral public use thereof, if it will not be detrimental
reservations which are not the subject of to forest conservation measures.
mining operations or where operations have
been suspended for more than five (5) years Where roads are utilized by more than one
shall be placed under forest management by commercial forest user, the Bureau shall
the Bureau. prescribe the terms and conditions of joint use
including the equitable sharing of construction
Mineral reservations where mining operations and/or maintenance costs, and of the use of
have been terminated due to the exhaustion these roads by other parties and the collection
of its minerals shall revert to the category of of such fees as may be deemed necessary.
forest land, unless otherwise reserved for
other purposes. Section 50. Logging roads. There shall be
indiscriminate construction of logging roads.
S e c t i o n 4 9 . R o a d s a n d o t h e r
infrastructure. Roads and other infrastructure Such roads shall be strategically located and
in forest lands shall be constructed with the their widths regulated so as to minimize clear-
least impairment to the resource values cutting, unnecessary damage or injury to
thereof. healthy residuals, and erosion. Their
construction must not only serve the
Government agencies undertaking the transportation need of the logger but, most
construction of roads, bridges, importantly, the requirement to save as many
communications, and other infrastructure and healthy residuals as possible during cutting
installations inside forest lands, shall and hauling operations.
coordinate with the Bureau, especially if it will
involve the utilization or destruction of timber Section 51. Management of occupancy in
and/or other forest resources, or watershed forest lands. Forest occupancy shall
disturbance therein, in order to adopt henceforth be managed. The Bureau shall
measures to avoid or reduce damage or injury study, determine and define which lands may
to the forest resource values. be the subject of occupancy and prescribed
therein, an agro-forestry development
They shall likewise extend assistance in the program.
planning and establishment of roads,
wharves, piers, port facilities, and other Occupants shall undertake measures to
infrastructure in locations designated as prevent and protect forest resources.
wood-processing centers or for the Any occupancy in forest land which will result
convenience of wood-based industries. in sedimentation, erosion, reduction in water
In order to coincide and conform to yield and impairment of other resources to the
government plans, programs, standards, and detriment of community and public interest
specifications, holders of license agreements, shall not be allowed.
licenses, leases and permits shall not In areas above 50% in slope, occupation shall
undertake road or infrastructure construction be conditioned upon the planting of desirable
or installation in forest lands without the prior trees thereon and/or adoption of other
approval of the Director, or in alienable and conservation measures.
disposable lands, civil reservations and other Section 52.Census of kaingineros, squatters,
government lands, without the approval of the cultural minorities and other occupants and
government agencies having administrative residents in forest lands. Henceforth, no
jurisdiction over the same. person shall enter into forest lands and
cultivate the same without lease or permit.

387
A complete census of kaingineros, squatters, order to maintain an ecological balance of
cultural minorities and other occupants and flora and fauna.
residents in forest lands with or without Section 56. Recreation. The Bureau shall, in
authority or permits from the government, the preparation of multiple-use management
showing the extent of their respective plans, identify and provide for the protection of
occupation and resulting damage, or scenic areas in all forest lands which are
impairment of forest resources, shall be potentially valuable for recreation and tourism,
conducted. and plan for the development and protection
The Bureau may call upon other agencies of of such areas to attract visitors thereto and
the government and holders of license meet increasing demands therefor.
agreement, license, lease and permits over The construction and operation of necessary
forest lands to participate in the census. facilities to accommodate outdoor recreation
Section 5 3 . Criminal shall be done by the Bureau with the use of
Prosecution. Kaingineros, squatters, cultural funds derived from rentals and fees for the
minorities and other occupants who entered operation and use of recreational facilities by
into forest lands before the effectivity of this private persons or operators, in addition to
Code, without permits or authority, shall not be whatever funds may be appropriated for such
prosecuted: Provided, That they do not purposes.
increase their clearings: Provided, further, Section 57. Other special uses of forest
That they undertake, within two (2) months lands.Forest lands may be leased for a period
from the notice thereof, the activities which will not exceeding twenty-five (25) years,
be imposed upon them by the Bureau in renewable upon the expiration thereof for a
accordance with a management plan similar period, or held under permit, for the
calculated to conserve and protect forest establishment of sawmills, lumber yards,
resources. timber depots, logging camps, rights-of-way,
E. SPECIAL USES or for the construction of sanatoria, bathing
Section 54.Pasture in forest lands.No forest establishments, camps, salt works, or other
land 50% in slope or over may be utilized for beneficial purposes which do not in any way
pasture purposes. impair the forest resources therein.

Forest lands which are being utilized for F. QUALIFICATIONS

pasture shall be maintained with sufficient Section 58. Diffusion of benefits. The
grass cover to protect soil, water and other privilege to utilize, exploit, occupy, or possess
forest resources. forest lands, or to conduct any activity therein,
If grass cover is insufficient, the same shall be or to establish and operate wood-processing
supplemented with trees or such vegetative plants, shall be diffused to as many qualified
cover as may be deemed necessary. and deserving applicants as possible.

The size of forest lands that may be allowed Section 59. Citizenship. In the evaluation of
for pasture and other special uses shall be applications of corporations, increased Filipino
determined by rules and regulations, any equity and participation beyond the 60%
provision of law to the contrary constitutional limitation shall be encouraged.
notwithstanding. All other factors being equal, the applicant
with more Filipino equity and participation
Section 55. Wildlife. Wildlife may be shall be preferred.
destroyed, killed, consumed, eaten or
otherwise disposed of, without the necessity S e c t i o n 6 0 . F i n a n c i a l a n d t e c h n i c a l
of permit, for the protection of life, health, capability. No license agreement, license,
safety and property, and the convenience of lease or permit over forest lands shall be
the people. issued to an applicant unless he proves
satisfactorily that he has the financial
However, the Director may regulate the killing resources and technical capability not only to
and destruction of wildlife in forest lands in minimize utilization, but also to practice forest
protection, conservation and development

388
measures to insure the perpetuation of said (20%) of its subscribed capital stock in favor
forest in productive condition. of its employees and laborers.
Section 61. Transfers. Unless authorized by The plan shall be so implemented that the
the Department Head, no licensee, lessee, or sale of the shares of stock shall be effected by
permittee may transfer, exchange, sell or the corporation not later than the sixth year of
convey his license agreement, license, lease its operation, or the first year of the effectivity
or permit, or any of his rights or interests of this Code, if the corporation has been in
therein, or any of his assets used in operation for more than 5 years prior to such
connection therewith. effectivity.
The licensee, lessee, or permittee shall be No corporation shall be issued any license
allowed to transfer or convey his license agreement, license, lease or permit after the
agreement, license, lease or permit only if he effectivity of this Code, unless it submits such
has not violated any forestry law, rule or a plan and the same is approved for
regulation; has been faithfully complying with implementation within the sixth year of its
the terms and conditions of the license operation.
agreement, license, lease or permit; the The Department Head shall promulgate the
transferee has all the qualifications and none necessary rules and regulations to carry out
of the disqualifications to hold a license the provisions of this section, particularly on
agreement, license, lease or permit; there is the determination of the manner of payment,
no evidence that such transfer or conveyance factors affecting the selling price,
is being made for purposes of speculation; establishment of priorities in the purchase of
and the transferee shall assume all the the shares of stock, and the capability of the
obligations of the transferor. deserving employees and laborers. The
The transferor shall forever be barred from industries concerned shall extend all
acquiring another license agreement, license, assistance in the promulgation of policies on
lease or permit. the matter, such as the submission of all data
S e c t i o n 6 2 . S e r v i c e c o n t r a c t s . T h e and information relative to their operation,
Department Head, may in the national personnel management, and asset evaluation.
interest, allow forest products licensees, G. REGULATORY FEES
lessees, or permittees to enter into service Section 64. Charges, fees and bonds. The
c o n t r a c t s f o r fi n a n c i a l , t e c h n i c a l , Department Head, upon recommendation of
management, or other forms of assistance, in the Director, shall fix the amount of charges,
consideration of a fee, with any foreign person rental, bonds and fees for the different kinds
or entity for the exploration, development, of utilization, exploitation, occupation,
exploitation or utilization of the forest possession, or activity inside forest lands, the
resources, covered by their license filing and processing of applications therefor,
agreements, licenses, leases or permits. the issuance and renewal of license
Existing valid and binding service contracts for agreements, licenses, leases and permits,
financial, technical, management or other and for other services; Provided, That all fees
forms of assistance are hereby recognized as and charges presently being collected under
such. existing laws and regulations shall continue to
Section 63.Equity sharing.Every corporation be imposed and collected until otherwise
holding a license agreement, license, lease or provided; Provided, further, That timber taken
permit to utilize, exploit, occupy or possess and removed from private lands for
any forest land, or conduct any activity commercial purposes shall be exempt from
therein, or establish and operate a wood- the payment of forest charges.
processing plant, shall within one (1) year Section 65. Authority of Department Head to
after the effectivity of this Code, formulate and impose other fees.In addition to the fees and
submit to the Department Head for approval a charges imposed under existing laws, rules
plan for the sale of at least twenty percent and regulations, the Department Head is
hereby authorized, upon recommendation of

389
the Director and in consultation with such charges shall not be lower than those
representatives of the industries affected, to now imposed.
impose other fees for forest protection, CHAPTER IV
management, reforestation, and development, CRIMINAL OFFENSES AND PENALTIES
the proceeds of which shall accrue into a
special deposit of the Bureau as its revolving Section 68. Cutting, gathering and/or
fund for the aforementioned purposes. collecting timber or other products without
license. Any person who shall cut, gather,
S e c t i o n 6 6 . C o l l e c t i o n a n d collect, or remove timber or other forest
Disbursement. The collection of the charges products from any forest land, or timber from
and fees above-mentioned shall be the alienable and disposable public lands, or from
responsibility of the Director or his authorized private lands, without any authority under a
representative. The Director shall remit his license agreement, lease, license or permit,
monthly collection of fees and charges shall be guilty of qualified theft as defined and
mentioned in Section 64 to the Treasurer of punished under Articles 309 and 310 of the
the Philippines within the first ten (10) days of Revised Penal Code; Provided, That in the
the succeeding month; Provided, That the case of partnership, association or
proceeds of the collection of the fees imposed corporation, the officers who ordered the
under Section 65 and the special deposit cutting, gathering or collecting shall be liable,
heretofore required of licensees shall be and if such officers are aliens, they shall, in
constituted into a revolving fund for such addition to the penalty, be deported without
purposes and be deposited in the Philippine further proceedings on the part of the
National Bank, as a special deposit of the Commission on Immigration and Deportation.
Bureau. The Budget Commissioner and the
National Treasurer shall effect the quarterly The Court shall further order the confiscation
releases out of the collection accruing to the in favor of the government of the timber or
general fund upon request of the Director on forest products to cut, gathered, collected or
the basis of a consolidated annual budget of a removed, and the machinery, equipment,
work program approved by the Department implements and tools used therein, and the
Head and the President. forfeiture of his improvements in the area.
In the case of the special deposit revolving The same penalty plus cancellation of his
fund, withdrawals therefrom shall be effected license agreement, lease, license or permit
by the Department Head on the basis of a and perpetual disqualification from acquiring
consolidated annual budget prepared by the any such privilege shall be imposed upon any
Director of a work program for the specific licensee, lessee, or permittee who cuts timber
purposes mentioned in Section 65. from the licensed or leased area of another,
without prejudice to whatever civil action the
Section 67. Basis of Assessment. Tree latter may bring against the offender.
measurement shall be the basis for assessing
government charges and other fees on timber S e c t i o n 6 9 . U n l a w f u l o c c u p a t i o n o r
cut and removed from forest lands, alienable destruction of forest lands. Any person who
or disposable lands, and the civil reservations; enters and occupies or possesses, or makes
Provided, That until such time as the kaingin for his own private use or for others
mechanics of tree measurement shall have any forest land without authority under a
been developed and promulgated in rules and license agreement, lease, license or permit, or
regulations, the present scaling method in any manner destroys such forest land or
provided for in the National Internal Revenue part thereof, or causes any damage to the
Code shall be used. timber stand and other products and forest
growths found therein, or who assists, aids or
The Director may, with the approval of the abets any other person to do so, or sets a fire,
Department Head, prescribe a new method of or negligently permits a fire to be set in any
assessment of forest products and collection forest land shall, upon conviction, be fined in
of charges thereon based upon the result of an amount of not less than five hundred pesos
production cost and market studies (P500.00) nor more than twenty thousand
undertaken by the Bureau; Provided, That

390
pesos (P20,000.00) and imprisoned for not shall, in any manner, cut, destroy, damage or
less than six (6) months nor more than two (2) remove timber or any species of vegetation or
years for each such offense, and be liable to forest cover and other natural resources found
the payment of ten (10) times the rental fees therein, or shall mutilate, deface or destroy
and other charges which would have been objects of natural beauty or of scenic value
accrued had the occupation and use of the within areas in the national parks system,
land been authorized under a license shall be fined not less than two hundred
agreement, lease, license or permit: Provided, (P200.00) pesos or more than five hundred
That in the case of an offender found guilty of (P500.00) pesos exclusive of the value of the
making kaingin, the penalty shall be thing damaged; Provided, That if the area
imprisoned for not less than two (2) nor more requires rehabilitation or restoration as
than (4) years and a fine equal to eight (8) determined by the Director, the offender shall
times the regular forest charges due on the also be required to restore or compensate for
forest products destroyed, without prejudice to the restoration of the damage; Provided,
the payment of the full cost of restoration of Further, That any person who, without proper
the occupied area as determined by the permit shall hunt, capture or kill any kind of
Bureau. bird, fish or wild animal life within any area in
The Court shall further order the eviction of the national parks system shall be subject to
the offender from the land and the forfeiture to the same penalty; Provided, Finally, That the
the Government of all improvements made Court shall order eviction of the offender from
and all vehicles, domestic animals and the land and the forfeiture in favor of the
equipment of any kind used in the commission Government of all timber or any species of
of the offense. If not suitable for use by the vegetation and other natural resources
Bureau, said vehicles shall be sold at public collected or removed, and any construction or
auction, the proceeds of which shall accrue to improvement made thereon by the offender. If
the Development Fund of the Bureau. the offender is an association or corporation,
the president or manager shall be directly
In case the offender is a government official or responsible and liable for the act of his
employee, he shall, in addition to the above employees or laborers.
penalties, be deemed automatically dismissed
from office and permanently disqualified from In the event that an official of a city or
holding any elective or appointive position. municipal government is primarily responsible
for detecting and convicting the violator of the
Section 7 0 . Pasturing provisions of this Section, fifty per centum
Livestock. Imprisonment for not less than six (50%) of the fine collected shall accrue to
(6) months nor more than two (2) years and a such municipality or city for the development
fine equal to ten (10) times the regular rentals of local parks.
due, in addition to the confiscation of such
livestock and all improvement introduced in S e c t i o n 7 2 . D e s t r u c t i o n o f w i l d l i f e
the area in favor of the government, shall be resources.Any person violating the provisions
imposed upon any person, who shall, without of Section 55 of this Code, or the regulations
authority under a lease or permit, graze or promulgated thereunder, shall be fined not
cause to graze livestock in forest lands, less than one hundred (P100.00) pesos for
grazing lands and alienable and disposable each such violation and in addition shall be
lands which have not as yet been disposed of denied a permit for a period of three (3) years
in accordance with the Public Land Act; from the date of the violation.
Provided, That in case the offender is a Section 73. Survey by unauthorized
corporation, partnership or association, the person.Imprisonment for not less than two (2)
officers and directors thereof shall be liable. nor more than four (4) years, in addition to the
Section 71. Illegal occupation of national confiscation of the implements used in the
parks system and recreation areas and violation of this section including the
vandalism therein. Any person who shall, cancellation of the license, if any, shall be
without permit, occupy for any length of time imposed upon any person who shall, without
any portion of the national parks system or permit to survey from the Director, enter any

391
forest lands, whether covered by a license (P10,000.00) pesos in addition to the
agreement, lease, license, or permit, or not, confiscation of such implements and devices,
and conduct or undertake a survey for and the automatic cancellation of the license
whatever purpose. agreement, lease, license or permit, if the
Section 74. Misclassification and survey by offender is a holder thereof, shall be imposed
government official or employee. Any public upon any person who shall, without authority
officer or employee who knowingly surveys, from the Director or his authorized
classifies, or recommends the release of representative, make, manufacture, or has in
forest lands as alienable and disposable lands his possession any government marking,
contrary to the criteria and standards hatchet or other marking implement, or any
established in this Code, or the rules and marker, poster, or other devices officially used
regulations promulgated hereunder, shall, by officers of the Bureau for the marking or
after an appropriate administrative identification of timber or other products, or
proceeding, be dismissed from the service any duplicate, counterfeit, or imitation thereof,
with prejudice to re-employment, and upon or make or apply a government mark on
conviction by a court of competent jurisdiction, timber or any other forest products by means
suffer an imprisonment of not less than one of any authentic or counterfeit device, or alter,
(1) year and a fine of not less than one deface, or remove government marks or
thousand, (P1,000.00) pesos. The survey, signs, from trees, logs, stumps, firewoods or
classification or release of forest lands shall other forest products, or destroy, deface,
be null and void. remove or disfigure any such mark, sign,
poster or warning notices set by the Bureau to
Section 75. Tax declaration on real designate the boundaries of cutting areas,
property.Imprisonment for a period of not less municipal or city forest or pasture, classified
than two (2) nor more than four (4) years and timber land, forest reserve, and areas under
perpetual disqualification from holding an the national park system or to make any false
elective or appointive office, shall be imposed mark or imitation of any mark or sign herein
upon any public officer or employee who shall indicated; Provided, That if the offender is a
issue a tax declaration on real property corporation, partnership or association, the
without a certification from the Director of officers and directors thereof shall be liable.
Forest Development and the Director of Lands
or their duly designated representatives that Section 78. Payment, collection and
the area declared for taxation is alienable and remittance of forest charges.Any person who
disposable lands, unless the property is titled fails to pay the amount due and payable under
or has been occupied and possessed by the provisions of this Code, the National
members of the national cultural minorities Internal Revenue Code, or the rules and
prior to July 4, 1955. regulations promulgated thereunder, shall be
liable to the payment of a surcharge of twenty-
Section 76. Coercion and influence. Any five per centum (25%) of the amount due and
person who coerces, influences, abets or payable.
persuades the public officer or employee
referred to in the two preceding sections to Any person who fails or refuses to remit to the
commit any of the acts mentioned therein proper authorities said forest charges
shall suffer imprisonment of not less than one collectible pursuant to the provisions of this
(1) year and pay a fine of five hundred Code or the National Internal Revenue Code,
(P500.00) pesos for every hectare or a or who delays, obstructs or prevents the
fraction thereof so improperly surveyed, same, or who orders, causes or effects the
classified or released. transfer or diversion of the funds for purposes
other than those specified in this Code, for
S e c t i o n 7 7 . U n l a w f u l p o s s e s s i o n o f each such offense shall, upon conviction, be
implements and devices used by forest punished by a fine of not exceeding one
officers.Imprisonment for a period of not less hundred thousand pesos (P100,000.00) and/
than (2) nor more than four (4) years and a or imprisonment for a period of not exceeding
fine of not less than one thousand pesos six (6) years in the discretion of the Court. If
(P1,000.00), nor more than ten thousand the offender is a government official or

392
employee, he shall, in addition, be dismissed within six (6) hours from the time of arrest and
from the service with prejudice to seizure, the offender and the confiscated
reinstatement and with disqualification from forest products, tools and equipment to, and
holding any elective or appointive office. file the proper complaint with, the appropriate
If the offender is a corporation, partnership or official designated by law to conduct
association, the officers and directors thereof preliminary investigations and file informations
shall be liable. in court.

Section 79. Sale of wood products. No If the arrest and seizure are made in the
person shall sell or offer for sale any log, forests, far from the authorities designated by
lumber, plywood or other manufactured wood law to conduct preliminary investigations, the
products in the international or domestic delivery to, and filing of the complaint with, the
market unless he complies with grading rules latter shall be done within a reasonable time
and established or to be established by the sufficient for ordinary travel from the place of
Government. arrest to the place of delivery. The seized
products, materials and equipment shall be
Failure to adhere to the established grading immediately disposed of in accordance with
rules and standards, or any act of falsification forestry administrative orders promulgated by
of the volume of logs, lumber, or other forest the Department Head.
products shall be a sufficient cause for the
suspension of the export, sawmill, or other The Department Head may deputize any
license or permit authorizing the manufacture member or unit of the Philippine Constabulary,
or sale of such products for a period of not police agency, barangay or barrio official, or
less than two (2) years. any qualified person to protect the forest and
exercise the power or authority provided for in
A duly accredited representative of the Bureau the preceding paragraph.
shall certify to the compliance by the licensees
with grading rules. Reports and complaints regarding the
commission of any of the offenses defined in
Every dealer in lumber and other building this Chapter, not committed in the presence of
material covered by this Code shall issue an any forest officer or employee, or any of the
invoice for each sale of such material and d e p u t i z e d o f fi c e r s o r o f fi c i a l s , s h a l l
such invoice shall state that the kind, standard immediately be investigated by the forest
and size of material sold to each purchaser in officer assigned in the area where the offense
exactly the same as described in the invoice. was allegedly committed, who shall thereupon
Any violation of this Section shall be sufficient receive the evidence supporting the report or
ground for the suspension of the dealer's complaint.
license for a period of not less than two (2)
years and, in addition thereto, the dealer shall If there is prima facie evidence to support the
be punished for each such offense by a fine of complaint or report, the investigating forest
not less than two hundred pesos (P200.00) or officer shall file the necessary complaint with
the total value of the invoice, whichever is the appropriate official authorized by law to
greater. conduct a preliminary investigation of criminal
cases and file an information in Court.
Section 80. Arrest; Institution of criminal
actions. A forest officer or employee of the SPECIAL CLAUSES
Bureau shall arrest even without warrant any Section 81. Separability Clause. Should any
person who has committed or is committing in provision herein be subsequently declared
his presence any of the offenses defined in unconstitutional, the same shall not affect the
this Chapter. He shall also seize and validity or the legality of the other provisions.
confiscate, in favor of the Government, the Section 82. Repealing Clause. Presidential
tools and equipment used in committing the Decree Nos. 330, and 389, C.A. No. 452, R.A.
offense, and the forest products cut, gathered No. 4715 and all laws, orders, rules and
or taken by the offender in the process of regulations or any part thereof which are
committing the offense. The arresting forest inconsistent herewith are hereby repealed or
officer or employee shall thereafter deliver amended accordingly.

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Section 83. Date of Effectivity. This Code legislative functions are excluded from the
shall take effect immediately upon coverage of this Act.
promulgation. SEC. 4.Definition of Terms.- As used in this
Republic of the Philippines Act, the following terms are defined as follows:
Congress of the Philippines (a) "Simple Transactions" refer to
Metro Manila requests or applications submitted by
Thirteenth Congress clients of a government office or
Third Special Session agency which only require ministerial
actions on the part of the public officer
or employee, or that which present
Begun and held in Metro Manila, on Monday, only inconsequential issues for the
the nineteenth day of February, two thousand resolution by an officer or employee of
seven. said government office.

Republic Act No. 9485 (b) "Complex Transactions" refer to

requests or applications submitted by
June 02, 2007 clients of a government office which
AN ACT TO IMPROVE EFFICIENCY IN THE necessitate the use of discretion in the
DELIVERY OF GOVERNMENT SERVICE TO resolution of complicated issues by an
THE PUBLIC BY REDUCING o f fi c e r o r e m p l o y e e o f s a i d
BUREAUCRATIC RED TAPE, PREVENTING government office, such transaction to
GRAFT AND CORRUPTION, AND b e d e t e r m i n e d b y t h e o f fi c e
PROVIDING PENALTIES THEREFOR concerned.
Be it enacted by the Senate and the House of (c) "Frontline Service" refers to the
Representatives of the Philippines in process or transaction between clients
Congress assembled: and government offices or agencies
involving applications for any privilege,
SECTION 1. Short Title. - This Act shall be right, permit, reward, license,
known as the "Anti-Red Tape Act of 2007". concession, or for any modification,
SEC. 2. Declaration of Policy. - It is hereby renewal or extension of the
declared the policy of the State to promote enumerated applications and/or
integrity, accountability, proper management requests which are acted upon in the
of public affairs and public property as well as ordinary course of business of the
to establish effective practices aimed at the agency or office concerned.
prevention of graft and corruption in (d) "Action" refers to the written
government. Towards this end, the State shall approval or disapproval made by a
maintain honesty and responsibility among its government office or agency on the
public officials and employees, and shall take application or request submitted by a
appropriate measures to promote client for processing.
transparency in each agency with regard to
the manner of transacting with the public, (e) "Officer or Employee" refers to a
which shall encompass a program for the person employed in a government
adoption of simplified procedures that will office or agency required to perform
reduce red tape and expedite transactions in specific duties and responsibilities
government. related to the application or request
submitted by a client for processing.
SEC. 3.Coverage.- This Act shall apply to all
government offices and agencies including (f) "Irrevelant requirement" refer to any
local government units and government- document or performance of an act
owned or -controlled corporations that provide not directly material to the resolution
frontline services as defined in this Act. Those of the issues raised in the request or
performing judicial, quasi-judicial and needed in the application submitted by
the client.

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 (g) "Fixer" refers to any individual jurisdiction over the government office or
whether or not officially involved in the agency concerned.
operation of a government office or SEC. 8.Accessing Frontline Services.- The
agency who has access to people following shall be adopted by all government
working therein, and whether or not in offices and agencies:
collusion with them, facilitates speedy
completion of transactions for (a) Acceptance of Applications and
pecuniary gain or any other advantage Request - (1) All officers or employees
or consideration. shall accept written applications,
requests, and/or documents being
SEC. 5 Reengineering of Systems and submitted by clients of the office or
Procedures. - All offices and agencies which agencies.
provide frontline services are hereby
mandated to regularly undertake time and (2) The responsible officer or
motion studies, undergo evaluation and employee shall acknowledge
improvement of their transaction systems and receipt of such application
procedures and re-engineer the same if and/or request by writing or
deemed necessary to reduce bureaucratic red printing clearly thereon his/her
tape and processing time. name, the unit where he/she is
connected with, and the time
SEC. 6. Citizen's Charter. - All government and date of receipt.
agencies including departments, bureaus,
offices, instrumentalities, or government- (3) The receiving officer or
owned and/or controlled corporations, or local employee shall perform a
government or district units shall set up their preliminary assessment of the
respective service standards to be known as request so as to promote a
the Citizen's Charter in the form of information more expeditious action on
billboards which should be posted at the main requests.
entrance of offices or at the most conspicuous (b) Action of Offices - (1) All
place, and in the form of published materials applications and/or requests submitted
written either in English, Filipino, or in the local shall be acted upon by the assigned
dialect, that detail: officer or employee during the period
(a) The procedure to obtain a stated in the Citizen's Charter which
particular service; shall not be longer than five working
days in the case of simple
(b) The person/s responsible for each transactions and ten (10) working
step; days in the case of complex
(c) The maximum time to conclude the transactions from the date the request
process; or application was received.
(d) The document/s to be presented Depending on the nature of the
by the customer, if necessary; frontline services requested or the
mandate of the office or agency under
(e) The amount of fees, if necessary; unusual circumstances, the maximum
and time prescribed above may be
(f) The procedure for filing complaints. extended. For the extension due to
nature of frontline services or the
SEC. 7. Accountability of the Heads of mandate of the office or agency
Offices and Agencies. - The head of the concerned the period for the delivery
office or agency shall be primarily responsible of frontline services shall be indicated
for the implementation of this Act and shall be in the Citizen's Charter. The office or
held accountable to the public in rendering agency concerned shall notify the
fast, efficient, convenient and reliable service. requesting party in writing of the
All transactions and processes are deemed to reason for the extension and the final
have been made with the permission or date of release for the extension and
clearance from the highest authority having

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the final date of release of the frontline card which should be visibly worn
service/s requested. during office hours.
(2) No application or request (g) Establishment of Public
shall be returned to the client Assistance/Complaints Desk - Each
without appropriate action. In office or agency shall establish a
case an application or request public assistance/complaints desk in
is disapproved, the officer or all their offices.
employee who rendered the SEC. 9. Automatic Extension of Permits
decision shall send a formal and Licenses. - - If a government office or
notice to the client within five agency fails to act on an application and/or
working days from the receipt request for renewal of a license, permit or
of the request and/or authority subject for renewal within the
application, stating therein the prescribed period, said permit, license or
reason for the disapproval authority shall automatically be extended until
including a list of specific a decision or resolution is rendered on the
requirement/s which the client application for renewal: Provided, That the
failed to submit. automatic extension shall not apply when the
(c) Denial of Request for Access to permit, license, or authority covers activities
Government Service - Any denial of which pose danger to public health, public
request for access to government safety, public morals or to public policy
service shall be fully explained in including, but not limited to, natural resource
writing, stating the name of the person extraction activities.
making the denial and the grounds SEC. 10. Report Card Survey. - All offices
upon which such denial is based. Any and agencies providing frontline services shall
denial of request is deemed to have be subjected to a Report Card Survey to be
been made with the permission or initiated by the Civil Service Commission, in
clearance from the highest authority coordination with the Development Academy
having jurisdiction over the of the Philippines, which shall be used to
g o v e r n m e n t o f fi c e o r a g e n c y obtain feedback on how provisions in the
concerned. Citizen's Charter are being followed and how
(d) Limitation of Signatories - The the agency is performing.
number of signatories in any The Report Card Survey shall also be used to
document shall be limited to a obtain information and/or estimates of hidden
maximum of five signatures which costs incurred by clients to access frontline
shall represent officers directly services which may include, but is not limited
supervising the office or agency to, bribes and payment to fixers.
concerned.
A feedback mechanism shall be established in
(e) Adoption of Working Schedules to all agencies covered by this Act and the
Serve Clients - Heads of offices and results thereof shall be incorporated in their
agencies which render frontline annual report.
services shall adopt appropriate
working schedules to ensure that all SEC. 11. Violations. - After compliance with
clients who are within their premises the substantive and procedural due process,
prior to the end of official working the following shall constitute violations of this
hours are attended to and served Act together with their corresponding
even during lunch break and after penalties:
regular working hours. (a) Light Offense - (1) Refusal to
(f) Identification Card - All employees accept application and/or request
transacting with the public shall be within the prescribed period or any
provided with an official identification document being submitted by a client;

396
 (2) Failure to act on an SEC. 12. Criminal Liability for Fixers. - In
application and/or request or addition to Sec. 11 (b), fixers, as defined in
failure to refer back to the this Act, shall suffer the penalty of
client a request which cannot imprisonment not exceeding six years or a
be acted upon due to lack of fine not less than Twenty Thousand Pesos
requirement/s within the (P20,000.00) but not more than Two Hundred
prescribed period; Thousand Pesos (P200,000.00) or both fine
(3) Failure to attend to clients and imprisonment at the discretion of the
who are within the premises of court.
the office or agency concerned SEC. 13. Civil and Criminal Liability, Not
prior to the end of official Barred.- The finding of administrative liability
working hours and during under this Act shall not be a bar to the filing of
lunch criminal, civil or other related charges under
(4) Failure to render frontline existing laws arising from the same act or
services within the prescribed omission as herein enumerated.
period on any application and/ SEC. 14. Administrative Jurisdiction. - The
or request without due cause; administrative jurisdiction on any violation of
(5) Failure to give the client a the provisions of this Act shall be vested in
written notice on the either the Civil Service Commission (CSC),
disapproval of an application the Presidential Anti-Graft Commission
or request; and (PAGC) or the Office of the Ombudsman as
determined by appropriate laws and
(6) Imposition of additional issuances.
irrelevant requirements other
than those listed in the first SEC. 15. Immunity; Discharge of Co-
notice. Respondent/Accused to be a Witness. -
Any public official or employee or any person
Penalties for light offense shall having been charged with another under this
be as follows: Act and who voluntarily gives information
First Offense - Thirty pertaining to an investigation or who willingly
(30) days suspension testifies therefore, shall be exempt from
without pay and prosecution in the case/s where his/her
mandatory attendance information and testimony are given. The
in Values Orientation discharge may be granted and directed by the
Program; investigating body or court upon the
application or petition of any of the
Second Offense - respondent/accused-informant and before the
Three (3) months termination of the investigation: Provided,
suspension without That:
pay; and
(a) There is absolute necessity for the
Third Offense - testimony of the respondent/accused-
Dismissal and informant whose discharge is
p e r p e t u a l requested;
disqualification from
public service. (b) There is no other direct evidence
available for the proper prosecution of
(b) Grave Offense - Fixing and/or the offense committed, except the
collusion with fixers in consideration of testimony of said respondent/accused-
economic and/or other gain or informant;
advantage.
(c) The testimony of said respondent/
Penalty - Dismissal and accused-informant can be
perpetual disqualification from substantially corroborated in its
public service. material points;

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 (d) The responden/accused-informant
has not been previously convicted of a
crime involving moral turpitude; and
(e) Said responden/accused-informant
does not appear to be the most guilty.
Evidence adduced in support of the discharge
shall automatically form part of the records of
the investigation. Should the investigating
body or court deny the motion or request for
discharge as a witness, his/her sworn
statement shall be inadmissible as evidence.
S E C . 1 6 . I m p l e m e n t i n g R u l e s a n d
Regulations.- The Civil Service Commission
in coordination with the Development
Academy of the Philippines (DAP), the Office
of the Ombudsman and the Presidential Anti-
Graft Commission (PAGC), shall promulgate
the necessary rules and regulations within
ninety (90) days from the effectivity of this Act.
SEC. 17. Separability Clause. - If any
provision of this Act shall be declared invalid
or unconstitutional, such declaration shall not
affect the validity of the remaining provisions
of this Act.
SEC. 18. Repealing Clause. - All provisions
of laws, presidential decrees, letters of
instruction and other presidential issuances
which are incompatible or inconsistent with
the provisions of this Act are hereby deemed
amended or repealed.
SEC. 19. Effectivity. - This Act shall take
effect within fifteen (15) days following its
publication in theOfficial Gazetteor in two (2)
national newspapers of general circulation.

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