REPUBLIC ACT NO.

10365 AN ACT FURTHER STRENGTHENING THE ANTI-MONEY LAUNDERING LAW, AMENDING FOR THE PURPOSEREPUBLIC ACT NO. 9160, OTHERWISE KNOWN AS THE ANTI-MONEY LAUNDERING ACT OF !001", AS AMENDED Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: S#$%&'( 1. Section 3(a) of Republic Act No. 9160, as amended, is hereb amended to read as follo!s" #(a) $%o&ered persons', natural or (uridical, refer to" #(1) ban)s, non*ban)s, +uasi*ban)s, trust entities, forei,n e-chan,e dealers, pa!nshops, mone chan,ers, remittance and transfer companies and other similar entities and all other persons and their subsidiaries and affiliates super&ised or re,ulated b the .an,)o Sentral n, /ilipinas (.S/)0 #(1) insurance companies, pre*need companies and all other persons super&ised or re,ulated b the 2nsurance %ommission (2%)0 #(3) (i) securities dealers, bro)ers, salesmen, in&estment houses and other similar persons mana,in, securities or renderin, ser&ices as in&estment a,ent, ad&isor, or consultant, (ii) mutual funds, close*end in&estment companies, common trust funds, and other similar persons, and (iii) other entities administerin, or other!ise dealin, in currenc , commodities or financial deri&ati&es based thereon, &aluable ob(ects, cash substitutes and other similar monetar instruments or propert super&ised or re,ulated b the Securities and 3-chan,e %ommission (S3%)0 #(4) (e!elr dealers in precious metals, !ho, as a business, trade in precious metals, for transactions in e-cess of 5ne million pesos (/1,000,000.00)0 #(6) (e!elr dealers in precious stones, !ho, as a business, trade in precious stones, for transactions in e-cess of 5ne million pesos (/1,000,000.00)0 #(6) compan ser&ice pro&iders !hich, as a business, pro&ide an of the follo!in, ser&ices to third parties" (i) actin, as a formation a,ent of (uridical persons0 (ii) actin, as (or arran,in, for another person to act as) a director or corporate secretar of a compan , a partner of a partnership, or a similar position in relation to other (uridical persons0 (iii) pro&idin, a re,istered office, business address or accommodation, correspondence or administrati&e address for a compan , a partnership or an other le,al person or arran,ement0 and (i&) actin, as (or arran,in, for another person to act as) a nominee shareholder for another person0 and #(7) persons !ho pro&ide an of the follo!in, ser&ices" (i) mana,in, of client mone , securities or other assets0 (ii) mana,ement of ban), sa&in,s or securities accounts0

(iii) or,ani8ation of contributions for the creation, operation or mana,ement of companies0 and (i&) creation, operation or mana,ement of (uridical persons or arran,ements, and bu in, and sellin, business entities. #Not!ithstandin, the fore,oin,, the term $co&ered persons' shall e-clude la! ers and accountants actin, as independent le,al professionals in relation to information concernin, their clients or !here disclosure of information !ould compromise client confidences or the attorne *client relationship" Provided, 9hat these la! ers and accountants are authori8ed to practice in the /hilippines and shall continue to be sub(ect to the pro&isions of their respecti&e codes of conduct and:or professional responsibilit or an of its amendments.# S#$%&'( !. Section 3(i) of the same Act is hereb amended to read as follo!s" #(i) $;nla!ful acti&it ' refers to an act or omission or series or combination thereof in&ol&in, or ha&in, direct relation to the follo!in," #(1) <idnappin, for ransom under Article 167 of Act No. 3=16, other!ise )no!n as the Re&ised /enal %ode, as amended0 #(1) Sections 4, 6, 6, =, 9, 10, 11, 11, 13, 14, 16 and 16 of Republic Act No. 9166, other!ise )no!n as the %omprehensi&e >an,erous >ru,s Act of 10010 #(3) Section 3 para,raphs ., %, 3, ?, @ and 2 of Republic Act No. 3019, as amended, other!ise )no!n as the Anti*?raft and %orrupt /ractices Act0 #(4) /lunder under Republic Act No. 70=0, as amended0 #(6) Robber and e-tortion under Articles 194, 196, 196, 199, 300, 301 and 301 of the Re&ised /enal %ode, as amended0 #(6) Aueten, and Basiao punished as ille,al ,amblin, under /residential >ecree No. 16010 #(7) /irac on the hi,h seas under the Re&ised /enal %ode, as amended and /residential >ecree No. 6310 #(=) Cualified theft under Article 310 of the Re&ised /enal %ode, as amended0 #(9) S!indlin, under Article 316 and 5ther Dorms of S!indlin, under Article 316 of the Re&ised /enal %ode, as amended0 #(10) Smu,,lin, under Republic Act Nos. 466 and 19370 #(11) Eiolations of Republic Act No. =791, other!ise )no!n as the 3lectronic %ommerce Act of 10000

#(11) @i(ac)in, and other &iolations under Republic Act No. 61360 destructi&e arson and murder, as defined under the Re&ised /enal %ode, as amended0 #(13) 9errorism and conspirac to commit terrorism as defined and penali8ed under Sections 3 and 4 of Republic Act No. 93710 #(14) Dinancin, of terrorism under Section 4 and offenses punishable under Sections 6, 6, 7 and = of Republic Act No. 1016=, other!ise )no!n as the 9errorism Dinancin, /re&ention and Suppression Act of 1011" #(16) .riber under Articles 110, 111 and 111*A of the Re&ised /enal %ode, as amended, and %orruption of /ublic 5fficers under Article 111 of the Re&ised /enal %ode, as amended0 #(16) Drauds and 2lle,al 3-actions and 9ransactions under Articles 113, 114, 116 and 116 of the Re&ised /enal %ode, as amended0 #(17) Bal&ersation of /ublic Dunds and /ropert under Articles 117 and 111 of the Re&ised /enal %ode, as amended0 #(1=) Dor,eries and %ounterfeitin, under Articles 163, 166, 167, 16=, 169 and 176 of the Re&ised /enal %ode, as amended0 #(19) Eiolations of Sections 4 to 6 of Republic Act No. 910=, other!ise )no!n as the Anti*9raffic)in, in /ersons Act of 10030 #(10) Eiolations of Sections 7= to 79 of %hapter 2E, of /residential >ecree No. 706, other!ise )no!n as the Re&ised Dorestr %ode of the /hilippines, as amended0 #(11) Eiolations of Sections =6 to 106 of %hapter E2, of Republic Act No. =660, other!ise )no!n as the /hilippine Disheries %ode of 199=0 #(11) Eiolations of Sections 101 to 107, and 110 of Republic Act No. 7941, other!ise )no!n as the /hilippine Binin, Act of 19960 #(13) Eiolations of Section 17(c), (e), (f), (,) and (i), of Republic Act No. 9147, other!ise )no!n as the Fildlife Resources %onser&ation and /rotection Act0 #(14) Eiolation of Section 7(b) of Republic Act No. 9071, other!ise )no!n as the National %a&es and %a&e Resources Bana,ement /rotection Act0 #(16) Eiolation of Republic Act No. 6639, other!ise )no!n as the Anti*%arnappin, Act of 1001, as amended0 #(16) Eiolations of Sections 1, 3 and 6 of /residential >ecree No. 1=66, as amended, other!ise )no!n as the decree %odif in, the Ga!s on 2lle,al:;nla!ful /ossession, Banufacture, >ealin, 2n, Ac+uisition or >isposition of Direarms, Ammunition or 3-plosi&es0 #(17) Eiolation of /residential >ecree No. 1611, other!ise )no!n as the Anti*Dencin, Ga!0

#(1=) Eiolation of Section 6 of Republic Act No. =041, other!ise )no!n as the Bi,rant For)ers and 5&erseas Dilipinos Act of 1996, as amended b Republic Act No. 100110 #(19) Eiolation of Republic Act No. =193, other!ise )no!n as the 2ntellectual /ropert %ode of the /hilippines0 #(30) Eiolation of Section 4 of Republic Act No. 9996, other!ise )no!n as the Anti* /hoto and Eideo Eo eurism Act of 10090 #(31) Eiolation of Section 4 of Republic Act No. 9776, other!ise )no!n as the Anti* %hild /orno,raph Act of 10090 #(31) Eiolations of Sections 6, 7, =, 9, 10(c), (d) and (e), 11, 11 and 14 of Republic Act No. 7610, other!ise )no!n as the Special /rotection of %hildren A,ainst Abuse, 3-ploitation and >iscrimination0 #(33) Draudulent practices and other &iolations under Republic Act No. =799, other!ise )no!n as the Securities Re,ulation %ode of 10000 and #(34) Delonies or offenses of a similar nature that are punishable under the penal la!s of other countries.# S#$%&'( 3. Section 3 of the same Act shall ha&e ne! para,raphs (() and ()). #(() /recious metals' shall mean ,old, sil&er, platinum, palladium, rhodium, ruthenium, iridium and osmium. 9hese include allo s of precious metals, solders and platin, chemicals such as rhodium and palladium platin, solutions and potassium ,old c anide and potassium sil&er c anide and sil&er c anide in salt solution. #()) $/recious stones' shall mean diamond, rub , emerald, sapphire, opal, ameth st, ber l, topa8, and ,arnet that are used in (e!elr ma)in,, includin, those formerl classified as semi*precious stones.# S#$%&'( ). Section 4 of the same Act is hereb amended to read as follo!s" #S3%. 4. Money Laundering ffense! " Bone launderin, is committed b an person !ho, )no!in, that an monetar instrument or propert represents, in&ol&es, or relates to the proceeds of an unla!ful acti&it " #(a) transacts said monetar instrument or propert 0 #(b) con&erts, transfers, disposes of, mo&es, ac+uires, possesses or uses said monetar instrument or propert 0 #(c) conceals or dis,uises the true nature, source, location, disposition, mo&ement or o!nership of or ri,hts !ith respect to said monetar instrument or propert 0 #(d) attempts or conspires to commit mone launderin, offenses referred to in para,raphs (a), (b) or (c)0

#(e) aids, abets, assists in or counsels the commission of the mone launderin, offenses referred to in para,raphs (a), (b) or (c) abo&e0 and #(f) performs or fails to perform an act as a result of !hich he facilitates the offense of mone launderin, referred to in para,raphs (a), (b) or (c) abo&e. #Bone launderin, is also committed b an co&ered person !ho, )no!in, that a co&ered or suspicious transaction is re+uired under this Act to be reported to the Anti*Bone Gaunderin, %ouncil (ABG%), fails to do so.# S#$%&'( 5. Section 6(a) of the same Act is hereb amended to read as follo!s" #S3%. 6. Prosecution of Money Laundering! H #(a) An person ma be char,ed !ith and con&icted of both the offense of mone launderin, and the unla!ful acti&it as herein defined. #(b) 9he prosecution of an offense or &iolation under this Act shall proceed independentl of an proceedin, relatin, to the unla!ful acti&it .# S#$%&'( 6. Section 7 of the same Act is hereb amended to read as follo!s" #S3%. 7. Creation of #nti$Money Laundering Council %#MLC&! " 9he Anti*Bone Gaunderin, %ouncil is hereb created and shall be composed of the ?o&ernor of the .an,)o Sentral n, /ilipinas as %hairman, the %ommissioner of the 2nsurance %ommission and the %hairman of the Securities and 3-chan,e %ommission, as members. 9he ABG% shall act unanimousl in the dischar,e of its functions as defined hereunder" #- - #(6) to appl before the %ourt of Appeals, e' parte, for the free8in, of an monetar instrument or propert alle,ed to be laundered, proceeds from, or instrumentalities used in or intended for use in an unla!ful acti&it as defined in Section 3(i) hereof0 #- - #(11) to re+uire the Gand Re,istration Authorit and all its Re,istries of >eeds to submit to the ABG%, reports on all real estate transactions in&ol&in, an amount in e-cess of Di&e hundred thousand pesos (/600,000.00) !ithin fifteen (16) da s from the date of re,istration of the transaction, in a form to be prescribed b the ABG%. 9he ABG% ma also re+uire the Gand Re,istration Authorit and all its Re,istries of >eeds to submit copies of rele&ant documents of all real estate transactions.# S#$%&'( *. Section 9(c), para,raphs 1 and 4 of the same Act are hereb amended to read as follo!s" #S3%. 9. Prevention of Money Laundering( Customer )dentification Re*uirements and Record +eeping! H #(a) - - -

#(b) - - #(c) Reportin, of %o&ered and Suspicious 9ransactions. H %o&ered persons shall report to the ABG% all co&ered transactions and suspicious transactions !ithin fi&e (6) !or)in, da s from occurrence thereof, unless the ABG% prescribes a different period not e-ceedin, fifteen (16) !or)in, da s. #Ga! ers and accountants actin, as independent le,al professionals are not re+uired to report co&ered and suspicious transactions if the rele&ant information !as obtained in circumstances !here the are sub(ect to professional secrec or le,al professional pri&ile,e. #- - #- - #Fhen reportin, co&ered or suspicious transactions to the ABG%, co&ered persons and their officers and emplo ees are prohibited from communicatin,, directl or indirectl , in an manner or b an means, to an person or entit , the media, the fact that a co&ered or suspicious transaction has been reported or is about to be reported, the contents of the report, or an other information in relation thereto. Neither ma such reportin, be published or aired in an manner or form b the mass media#, electronic mail, or other similar de&ices. 2n case of &iolation thereof, the concerned officer and emplo ee of the co&ered person and media shall be held criminall liable.# S#$%&'( +. Section 10 of the same Act, as amended b Republic Act No. 10167, is hereb amended to read as follo!s" #S3%. 10. ,ree-ing of Monetary )nstrument or Property! " ;pon a &erified e' parte petition b the ABG% and after determination that probable cause e-ists that an monetar instrument or propert is in an !a related to an unla!ful acti&it as defined in Section 3(i) hereof, the %ourt of Appeals ma issue a free8e order !hich shall be effecti&e immediatel , and !hich shall not e-ceed si- (6) months dependin, upon the circumstances of the case" Provided, 9hat if there is no case filed a,ainst a person !hose account has been fro8en !ithin the period determined b the court, the free8e order shall be deemed ipso facto lifted"Provided, further, 9hat this ne! rule shall not appl to pendin, cases in the courts. 2n an case, the court should act on the petition to free8e !ithin t!ent *four (14) hours from filin, of the petition. 2f the application is filed a da before a non!or)in, da , the computation of the t!ent *four (14)*hour period shall e-clude the non!or)in, da s. #A person !hose account has been fro8en ma file a motion to lift the free8e order and the court must resol&e this motion before the e-piration of the free8e order. #No court shall issue a temporar restrainin, order or a !rit of in(unction a,ainst an free8e order, e-cept the Supreme %ourt.# S#$%&'( 9. Section 11 of the same Act is hereb amended to read as follo!s" #(a) Civil ,orfeiture! H ;pon determination b the ABG% that probable cause e-ists that an monetar instrument or propert is in an !a related to an unla!ful acti&it as defined in Section 3(i) or a mone launderin, offense under Section 4 hereof, the ABG% shall file !ith

the appropriate court throu,h the 5ffice of the Solicitor ?eneral, a &erified e' parte petition for forfeiture, and the Rules of %ourt on %i&il Dorfeiture shall appl . #9he forfeiture shall include those other monetar instrument or propert ha&in, an e+ui&alent &alue to that of the monetar instrument or propert found to be related in an !a to an unla!ful acti&it or a mone launderin, offense, !hen !ith due dili,ence, the former cannot be located, or it has been substantiall altered, destro ed, diminished in &alue or other!ise rendered !orthless b an act or omission, or it has been concealed, remo&ed, con&erted, or other!ise transferred, or it is located outside the /hilippines or has been placed or brou,ht outside the (urisdiction of the court, or it has been commin,led !ith other monetar instrument or propert belon,in, to either the offender himself or a third person or entit , thereb renderin, the same difficult to identif or be se,re,ated for purposes of forfeiture. #(b) Claim on ,orfeited #ssets! H Fhere the court has issued an order of forfeiture of the monetar instrument or propert in a criminal prosecution for an mone launderin, offense defined under Section 4 of this Act, the offender or an other person claimin, an interest therein ma appl , b &erified petition, for a declaration that the same le,itimatel belon,s to him and for se,re,ation or e-clusion of the monetar instrument or propert correspondin, thereto. 9he &erified petition shall be filed !ith the court !hich rendered the (ud,ment of forfeiture, !ithin fifteen (16) da s from the date of the finalit of the order of forfeiture, in default of !hich the said order shall become final and e-ecutor. 9his pro&ision shall appl in both ci&il and criminal forfeiture. #(c) Payment in Lieu of ,orfeiture! " Fhere the court has issued an order of forfeiture of the monetar instrument or propert sub(ect of a mone launderin, offense defined under Section 4, and said order cannot be enforced because an particular monetar instrument or propert cannot, !ith due dili,ence, be located, or it has been substantiall altered, destro ed, diminished in &alue or other!ise rendered !orthless b an act or omission, directl or indirectl , attributable to the offender, or it has been concealed, remo&ed, con&erted, or other!ise transferred to pre&ent the same from bein, found or to a&oid forfeiture thereof, or it is located outside the /hilippines or has been placed or brou,ht outside the (urisdiction of the court, or it has been commin,led !ith other monetar instruments or propert belon,in, to either the offender himself or a third person or entit , thereb renderin, the same difficult to identif or be se,re,ated for purposes of forfeiture, the court ma , instead of enforcin, the order of forfeiture of the monetar instrument or propert or part thereof or interest therein, accordin,l order the con&icted offender to pa an amount e+ual to the &alue of said monetar instrument or propert . 9his pro&ision shall appl in both ci&il and criminal forfeiture.# S#$%&'( 10. Section 14 of the same Act, as amended, is hereb further amended to read as follo!s" #S3%. 14. Penal Provisions! " (a) /enalties for the %rime of Bone Gaunderin,. 9he penalt of imprisonment ran,in, from se&en (7) to fourteen (14) ears and a fine of not less than 9hree million /hilippine pesos (/hp3,000,000.00) but not more than t!ice the &alue of the monetar instrument or propert in&ol&ed in the offense, shall be imposed upon a person con&icted under Section 4(a), (b), (c) and (d) of this Act. #9he penalt of imprisonment from four (4) to se&en (7) ears and a fine of not less than 5ne million fi&e hundred thousand /hilippine pesos (/hp1,600,000.00) but not more than 9hree million /hilippine pesos (/hp3,000,000.00), shall be imposed upon a person con&icted under Section 4(e) and (f) of this Act.

#9he penalt of imprisonment from si- (6) months to four (4) ears or a fine of not less than 5ne hundred thousand /hilippine pesos (/hp100,000.00) but not more than Di&e hundred thousand /hilippine pesos (/hp600,000.00), or both, shall be imposed on a person con&icted under the last para,raph of Section 4 of this Act. #(b) - - #(c) - - #(d) - - #(e) 9he penalt of imprisonment ran,in, from four (4) to se&en (7) ears and a fine correspondin, to not more than t!o hundred percent (100I) of the &alue of the monetar instrument or propert laundered shall be imposed upon the co&ered person, its directors, officers or pesonnel !ho )no!in,l participated in the commission of the crime of mone launderin,. #(f) 2mposition of Administrati&e Sanctions. 9he imposition of the administrati&e sanctions shall be !ithout pre(udice to the filin, of criminal char,es a,ainst the persons responsible for the &iolation. #After due notice and hearin,, the ABG% shall, at its discretion, impose sanctions, includin, monetar penalties, !arnin, or reprimand, upon an co&ered person, its directors, officers, emplo ees or an other person for the &iolation of this Act, its implementin, rules and re,ulations, or for failure or refusal to compl !ith ABG% orders, resolutions and other issuances. Such monetar penalties shall be in amounts as ma be determined b the ABG% to be appropriate, !hich shall not be more than Di&e hundred thousand /hilippine pesos (/600,000.00) per &iolation.
./0phi.

#9he ABG% ma promul,ate rules on fines and penalties ta)in, into consideration the attendant circumstances, such as the nature and ,ra&it of the &iolation or irre,ularit . #(,) 9he pro&ision of this la! shall not be construed or implemented in a manner that !ill discriminate a,ainst certain customer t pes, such as politicall *e-posed persons, as !ell as their relati&es, or a,ainst a certain reli,ion, race or ethnic ori,in, or such other attributes or profiles !hen used as the onl basis to den these persons access to the ser&ices pro&ided b the co&ered persons. Fhene&er a ban), or +uasi*ban), financial institution or !hene&er an person or entit commits said discriminator act, the person or persons responsible for such &iolation shall be sub(ect to sanctions as ma be deemed appropriate b their respecti&e re,ulators.# S#$%&'( 11. Ne! sections are hereb inserted after Section 19 of the same Act, as amended, to read as follo!s" #S3%. 10. 1on$intervention in the Bureau of )nternal Revenue %B)R& perations! " Nothin, contained in this Act nor in related antecedent la!s or e-istin, a,reements shall be construed to allo! the ABG% to participate in an manner in the operations of the .2R.# #S3%. 11. 9he authorit to in+uire into or e-amine the main account and the related accounts shall compl !ith the re+uirements of Article 222, Sections 1 and 3 of the 19=7 %onstitution, !hich are hereb incorporated b reference. Gi)e!ise, the constitutional in(unction

a,ainst e' post facto la!s and bills of attainder shall be respected in the implementation of this Act.# S#$%&'( 1!. 9he succeedin, sections are hereb renumbered accordin,l . S#$%&'( 13. Separability Clause! H 2f an pro&ision of this Act is declared unconstitutional, the same shall not affect the &alidit and effecti&it of the other pro&isions hereof. S#$%&'( 1). Repealing Clause! " All la!s, decrees, orders, and issuances or portions thereof, !hich are inconsistent !ith the pro&isions of this Act, are hereb repealed, amended or modified accordin,l . S#$%&'( 15. 2ffectivity! H 9his Act shall ta)e effect fifteen (16) da s follo!in, its publication in at least t!o (1) national ne!spapers of ,eneral circulation. Appro&ed,

(S,d.) ,UAN PONCE ENRILE /resident of the Senate

(S,d.) FELICIANO BELMONTE ,R. Spea)er of the @ouse of Representati&es

9his Act !hich is a consolidation of @ouse .ill No. 6666 and Senate .ill No. 3113 !as finall passed b the @ouse of Representati&es and the Seriate on Debruar 6, 1013.

(S,d.) EMMA LIRIO-REYES Secretar of Senate

(S,d.) MARILYN B. BARUA-YAP Secretar ?eneral @ouse of Representati&es

Appro&ed" D3. 16 1013 -S./.0 BENIGNO S. A1UINO III President of the Philippines REPUBLIC ACT N'. 1036) AN ACT E2PANDING REPUBLIC ACT NO. 9!0+, ENTITLED AN ACT TO INSTITUTE POLICIES TO ELIMINATE TRAFFICKING IN PERSONS ESPECIALLY WOMEN AND CHILDREN, ESTABLISHING THE NECESSARY INSTITUTIONAL MECHANISMS FOR THE PROTECTION AND SUPPORT OF TRAFFICKED PERSONS, PRO3IDING PENALTIES FOR ITS 3IOLATIONS AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: S#$%&'( 1. Short 3itle! H 9his Act shall be )no!n as the #3-panded Anti*9raffic)in, in /ersons Act of 1011J. S#$%&'( !. Section 1 of Republic Act No. 910= is hereb amended to read as follo!s"

#S3%. 1. 4eclaration of Policy! H 2t is hereb declared that the State &alues the di,nit of e&er human person and ,uarantees the respect of indi&idual ri,hts. 2n pursuit of this polic , the State shall ,i&e hi,hest priorit to the enactment of measures and de&elopment of pro,rams that !ill promote human di,nit , protect the people from an threat of &iolence and e-ploitation, eliminate traffic)in, in persons, and miti,ate pressures for in&oluntar mi,ration and ser&itude of persons, not onl to support traffic)ed persons but more importantl , to ensure their reco&er , rehabilitation and reinte,ration into the mainstream of societ . #2t shall be a State polic to reco,ni8e the e+ual ri,hts and inherent human di,nit of !omen and men as enshrined in the ;nited Nations ;ni&ersal >eclaration on @uman Ri,hts, ;nited Nations %on&ention on the 3limination of All Dorms of >iscrimination A,ainst Fomen, ;nited Nations %on&ention on the Ri,hts of the %hild, ;nited Nations %on&ention on the /rotection of Bi,rant For)ers and their Damilies, ;nited Nations %on&ention A,ainst 9ransnational 5r,ani8ed %rime 2ncludin, its /rotocol to /re&ent, Suppress and /unish 9raffic)in, in /ersons, 3speciall Fomen and %hildren and all other rele&ant and uni&ersall accepted human ri,hts instruments and other international con&entions to !hich the /hilippines is a si,nator .# S#$%&'( 3. Section 3 of Republic Act No. 910= is hereb amended to read as follo!s" #S3%. 3. 4efinition of 3erms! H As used in this Act" #(a) 3raffic5ing in Persons " refers to the recruitment, obtainin,, hirin,, pro&idin,, offerin,, transportation, transfer, maintainin,, harborin,, or receipt of persons !ith or !ithout the &ictim's consent or )no!led,e, !ithin or across national borders b means of threat, or use of force, or other forms of coercion, abduction, fraud, deception, abuse of po!er or of position, ta)in, ad&anta,e of the &ulnerabilit of the person, or, the ,i&in, or recei&in, of pa ments or benefits to achie&e the consent of a person ha&in, control o&er another person for the purpose of e-ploitation !hich includes at a minimum, the e-ploitation or the prostitution of others or other forms of se-ual e-ploitation, forced labor or ser&ices, sla&er , ser&itude or the remo&al or sale of or,ans. #9he recruitment, transportation, transfer, harborin,, adoption or receipt of a child for the purpose of e-ploitation or !hen the adoption is induced b an form of consideration for e-ploitati&e purposes shall also be considered as $traffic)in, in persons' e&en if it does not in&ol&e an of the means set forth in the precedin, para,raph. #(b) Child H refers to a person belo! ei,hteen (1=) ears of a,e or one !ho is o&er ei,hteen (1=) but is unable to full ta)e care of or protect himself:herself from abuse, ne,lect, cruelt , e-ploitation, or discrimination because of a ph sical or mental disabilit or condition. #(c) Prostitution H refers to an act, transaction, scheme or desi,n in&ol&in, the use of a person b another, for se-ual intercourse or lasci&ious conduct in e-chan,e for mone , profit or an other consideration. #(d) ,orced Labor H refers to the e-traction of !or) or ser&ices from an person b means of enticement, &iolence, intimidation or threat, use of, force or coercion, includin, depri&ation of freedom, abuse of authorit or moral ascendanc , debt*

bonda,e or deception includin, an !or) or ser&ice e-tracted from an person under the menace of penalt . #(e) Slavery H refers to the status or condition of a person o&er !hom an or all of the po!ers attachin, to the ri,ht of o!nership are e-ercised. #(f) )nvoluntary Servitude H refers to a condition of enforced and compulsor ser&ice induced b means of an scheme, plan or pattern, intended to cause a person to belie&e that if he or she did not enter into or continue in such condition, he or she or another person !ould suffer serious harm or other forms of abuse or ph sical restraint, or threat of abuse or harm, or coercion includin, depri&in, access to tra&el documents and !ithholdin, salaries, or the abuse or threatened abuse of the le,al process. #(,) Se' 3ourism H refers to a pro,ram or,ani8ed b tra&el and tourism*related establishments and indi&iduals !hich consists of tourism pac)a,es or acti&ities, utili8in, and offerin, escort and se-ual ser&ices as enticement for tourists. 9his includes se-ual ser&ices and practices offered durin, rest and recreation periods for members of the militar . #(h) Se'ual 2'ploitation H refers to participation b a person in prostitution, porno,raph or the production of porno,raph , in e-chan,e for mone , profit or an other consideration or !here the participation is caused or facilitated b an means of intimidation or threat, use of force, or other forms of coercion, abduction, fraud, deception, debt bonda,e, abuse of po!er or of position or of le,al process, ta)in, ad&anta,e of the &ulnerabilit of the person, or ,i&in, or recei&in, of pa ments or benefits to achie&e the consent of a person ha&in, control o&er another person0 or in se-ual intercourse or lasci&ious conduct caused or facilitated b an means as pro&ided in this Act. #(i) 4ebt Bondage H refers to the pled,in, b the debtor of his:her personal ser&ices or labor or those of a person under his:her control as securit or pa ment for a debt, !hen the len,th and nature of ser&ices is not clearl defined or !hen the &alue of the ser&ices as reasonabl assessed is not applied to!ard the li+uidation of the debt. #(() Pornography H refers to an representation, throu,h publication, e-hibition, cinemato,raph , indecent sho!s, information technolo, , or b !hate&er means, of a person en,a,ed in real or simulated e-plicit se-ual acti&ities or an representation of the se-ual parts of a person for primaril se-ual purposes. #()) Council H shall mean the 2nter*A,enc %ouncil A,ainst 9raffic)in, created under Section 10 of this Act.# S#$%&'( ). Section 4 of Republic Act No. 910= is hereb amended to read as follo!s" #S3%. 4. #cts of 3raffic5ing in Persons! H 2t shall be unla!ful for an person, natural or (uridical, to commit an of the follo!in, acts" #(a) 9o recruit, obtain, hire, pro&ide, offer, transport, transfer, maintain, harbor, or recei&e a person b an means, includin, those done under the prete-t of domestic

or o&erseas emplo ment or trainin, or apprenticeship, for the purpose of prostitution, porno,raph , or se-ual e-ploitation0 #(b) 9o introduce or match for mone , profit, or material, economic or other consideration, an person or, as pro&ided for under Republic Act No. 6966, an Dilipino !oman to a forei,n national, for marria,e for the purpose of ac+uirin,, bu in,, offerin,, sellin, or tradin, him:her to en,a,e in prostitution, porno,raph , se-ual e-ploitation, forced labor, sla&er , in&oluntar ser&itude or debt bonda,e0 #(c) 9o offer or contract marria,e, real or simulated, for the purpose of ac+uirin,, bu in,, offerin,, sellin,, or tradin, them to en,a,e in prostitution, porno,raph , se-ual e-ploitation, forced labor or sla&er , in&oluntar ser&itude or debt bonda,e0 #(d) 9o underta)e or or,ani8e tours and tra&el plans consistin, of tourism pac)a,es or acti&ities for the purpose of utili8in, and offerin, persons for prostitution, porno,raph or se-ual e-ploitation0 #(e) 9o maintain or hire a person to en,a,e in prostitution or porno,raph 0 #(f) 9o adopt persons b an form of consideration for e-ploitati&e purposes or to facilitate the same for purposes of prostitution, porno,raph , se-ual e-ploitation, forced labor, sla&er , in&oluntar ser&itude or debt bonda,e0 #(,) 9o adopt or facilitate the adoption of persons for the purpose of prostitution, porno,raph , se-ual e-ploitation, forced labor, sla&er , in&oluntar ser&itude or debt bonda,e0 #(h) 9o recruit, hire, adopt, transport, transfer, obtain, harbor, maintain, pro&ide, offer, recei&e or abduct a person, b means of threat or use of force, fraud, deceit, &iolence, coercion, or intimidation for the purpose of remo&al or sale of or,ans of said person0 #(i) 9o recruit, transport, obtain, transfer, harbor, maintain, offer, hire, pro&ide, recei&e or adopt a child to en,a,e in armed acti&ities in the /hilippines or abroad0 #(() 9o recruit, transport, transfer, harbor, obtain, maintain, offer, hire, pro&ide or recei&e a person b means defined in Section 3 of this Act for purposes of forced labor, sla&er , debt bonda,e and in&oluntar ser&itude, includin, a scheme, plan, or pattern intended to cause the person either" #(1) 9o belie&e that if the person did not perform such labor or ser&ices, he or she or another person !ould suffer serious harm or ph sical restraint0 or #(1) 9o abuse or threaten the use of la! or the le,al processes0 and #()) 9o recruit, transport, harbor, obtain, transfer, maintain, hire, offer, pro&ide, adopt or recei&e a child for purposes of e-ploitation or tradin, them, includin, but not limited to, the act of barin, and:or sellin, a child for an consideration or for barter for purposes of e-ploitation. 9raffic)in, for purposes of e-ploitation of children shall include"

#(1) All forms of sla&er or practices similar to sla&er , in&oluntar ser&itude, debt bonda,e and forced labor, includin, recruitment of children for use in armed conflict0 #(1) 9he use, procurin, or offerin, of a child for prostitution, for the production of porno,raph , or for porno,raphic performances0 #(3) 9he use, procurin, or offerin, of a child for the production and traffic)in, of dru,s0 and #(4) 9he use, procurin, or offerin, of a child for ille,al acti&ities or !or) !hich, b its nature or the circumstances in !hich it is carried out, is li)el to harm their health, safet or morals0 and #(l) 9o or,ani8e or direct other persons to commit the offenses defined as acts of traffic)in, under this Act.# S#$%&'( 5. A ne! Section 4*A is hereb inserted in Republic Act No. 910=, to read as follo!s" #S3%. 4*A. #ttempted 3raffic5ing in Persons! " Fhere there are acts to initiate the commission of a traffic)in, offense but the offender failed to or did not e-ecute all the elements of the crime, b accident or b reason of some cause other than &oluntar desistance, such o&ert acts shall be deemed as an attempt to commit an act of traffic)in, in persons. As such, an attempt to commit an of the offenses enumerated in Section 4 of this Act shall constitute attempted traffic)in, in persons. #2n cases !here the &ictim is a child, an of the follo!in, acts shall also be deemed as attempted traffic)in, in persons" #(a) Dacilitatin, the tra&el of a child !ho tra&els alone to a forei,n countr or territor !ithout &alid reason therefor and !ithout the re+uired clearance or permit from the >epartment of Social Felfare and >e&elopment, or a !ritten permit or (ustification from the child's parent or le,al ,uardian0 #(b) 3-ecutin,, for a consideration, an affida&it of consent or a !ritten consent for adoption0 #(c) Recruitin, a !oman to bear a child for the purpose of sellin, the child0 #(d) Simulatin, a birth for the purpose of sellin, the child0 and #(e) Solicitin, a child and ac+uirin, the custod thereof throu,h an means from amon, hospitals, clinics, nurseries, da care centers, refu,ee or e&acuation centers, and lo!*income families, for the purpose of sellin, the child.# S#$%&'( 6. A ne! Section 4*. is hereb inserted in Republic Act No. 910=, to read as follo!s" #S3%. 4*.. #ccomplice Liability! H Fhoe&er )no!in,l aids, abets, cooperates in the e-ecution of the offense b pre&ious or simultaneous acts defined in this Act shall be punished in accordance !ith the pro&isions of Section 10(c) of this Act.#

S#$%&'( *. A ne! Section 4*% is hereb inserted in Republic Act No. 910=, to read as follo!s" #S3%. 4*%. #ccessories! H Fhoe&er has the )no!led,e of the commission of the crime, and !ithout ha&in, participated therein, either as principal or as accomplices, ta)e part in its commission in an of the follo!in, manners" #(a) . profitin, themsel&es or assistin, the offender to profit b the effects of the crime0 #(b) . concealin, or destro in, the bod of the crime or effects or instruments thereof, in order to pre&ent its disco&er 0 #(c) . harborin,, concealin, or assistin, in the escape of the principal of the crime, pro&ided the accessor acts !ith abuse of his or her public functions or is )no!n to be habituall ,uilt of some other crime. #Acts defined in this pro&ision shall be punished in accordance !ith the pro&ision of Section 10(d) as stated thereto.# S#$%&'( +. Section 6 of Republic Act No. 910= is hereb amended to read as follo!s" #S3%. 6. #cts that Promote 3raffic5ing in Persons! H 9he follo!in, acts !hich promote or facilitate traffic)in, in persons, shall be unla!ful" #(a) --#(b) 9o produce, print and issue or distribute unissued, tampered or fa)e counselin, certificates, re,istration stic)ers, o&erseas emplo ment certificates or other certificates of an ,o&ernment a,enc !hich issues these certificates, decals and such other mar)ers as proof of compliance !ith ,o&ernment re,ulator and pre* departure re+uirements for the purpose of promotin, traffic)in, in persons0 #(c) --#(d) --#(e) --#(f) --#(,) --#(h) 9o tamper !ith, destro , or cause the destruction of e&idence, or to influence or attempt to influence !itnesses, in an in&esti,ation or prosecution of a case under this Act0 #(i) 9o destro , conceal, remo&e, confiscate or possess, or attempt to destro , conceal, remo&e, confiscate or possess, an actual or purported passport or other tra&el, immi,ration or !or)in, permit or document, or an other actual or purported ,o&ernment identification, of an person in order to pre&ent or restrict, or attempt to

pre&ent or restrict, !ithout la!ful authorit , the person's libert to mo&e or tra&el in order to maintain the labor or ser&ices of that person0 or #(() 9o utili8e his or her office to impede the in&esti,ation, prosecution or e-ecution of la!ful orders in a case under this Act.# S#$%&'( 9. Section 6 of Republic Act No. 910= is hereb amended to read as follo!s" #S3%. 6. 6ualified 3raffic5ing in Persons! " Eiolations of Section 4 of this Act shall be considered as +ualified traffic)in," #- - #(d) Fhen the offender is a spouse, an ascendant, parent, siblin,, ,uardian or a person !ho e-ercises authorit o&er the traffic)ed person or !hen the offense is committed b a public officer or emplo ee0 #- - #(f) Fhen the offender is a member of the militar or la! enforcement a,encies0 #(,) Fhen b reason or on occasion of the act of traffic)in, in persons, the offended part dies, becomes insane, suffers mutilation or is afflicted !ith @uman 2mmunodeficienc Eirus (@2E) or the Ac+uired 2mmune >eficienc S ndrome (A2>S)0 #(h) Fhen the offender commits one or more &iolations of Section 4 o&er a period of si-t (60) or more da s, !hether those da s are continuous or not0 and #(i) Fhen the offender directs or throu,h another mana,es the traffic)in, &ictim in carr in, out the e-ploitati&e purpose of traffic)in,.# S#$%&'( 10. Section 7 of Republic Act No. 910= is hereb amended to read as follo!s" #S3%. 7. Confidentiality! " At an sta,e of the in&esti,ation, rescue, prosecution and trial of an offense under this Act, la! enforcement officers, prosecutors, (ud,es, court personnel, social !or)ers and medical practitioners, as !ell as parties to the case, shall protect the ri,ht to pri&ac of the traffic)ed person. 9o!ards this end, la! enforcement officers, prosecutors and (ud,es to !hom the complaint has been referred ma , !hene&er necessar to ensure a fair and impartial proceedin,, and after considerin, all circumstances for the best interest of the parties, order a closed*door in&esti,ation, prosecution or trial. 9he name and personal circumstances of the traffic)ed person or an other information tendin, to establish the identit of the traffic)ed person and his or her famil shall not be disclosed to the public. #2t shall be unla!ful for an editor, publisher, and reporter or columnist in case of printed materials, announcer or producer in case of tele&ision and radio, producer and director of a film in case of the mo&ie industr , or an person utili8in, tri*media facilities or electronic information technolo, to cause publicit of the name, personal circumstances, or an information tendin, to establish the identit of the traffic)ed person e-cept !hen the traffic)ed person in a !ritten statement dul notari8ed )no!in,l , &oluntaril and !illin,l !ai&es said confidentialit .

#Ga! enforcement officers, prosecutors, (ud,es, court personnel, social !or)ers and medical practitioners shall be trained on the importance of maintainin, confidentialit as a means to protect the ri,ht to pri&ac of &ictims and to encoura,e &ictims to file complaints.# S#$%&'( 11. Section = of Republic Act No. 910= is hereb amended to read as follo!s" #S3%. =. )nitiation and Prosecution of Cases! H #(a) )nitiation of )nvestigation! H Ga! enforcement a,encies are mandated to immediatel initiate in&esti,ation and counter*traffic)in,*intelli,ence ,atherin, upon receipt of statements or affida&it from &ictims of traffic)in,, mi,rant !or)ers, or their families !ho are in possession of )no!led,e or information about traffic)in, in persons cases. #(b) Prosecution of Cases! " An person !ho has personal )no!led,e of the commission of an offense under this Act, such as the traffic)ed person, the parents, spouse, siblin,s, children or le,al ,uardian ma file a complaint for traffic)in,. #(c) #ffidavit of 4esistance! " %ases in&ol&in, traffic)in, in persons should not be dismissed based on the affida&it of desistance e-ecuted b the &ictims or their parents or le,al ,uardians. /ublic and pri&ate prosecutors are directed to oppose and manifest ob(ections to motions for dismissal. #An act in&ol&in, the means pro&ided in this Act or an attempt thereof for the purpose of securin, an Affida&it of >esistance from the complainant shall be punishable under this Act.# S#$%&'( 1!. Section 10 of Republic Act No. 910= is hereb amended to read as follo!s" #S3%. 10. Penalties and Sanctions! H 9he follo!in, penalties and sanctions are hereb established for the offenses enumerated in this Act" #(a) An person found ,uilt of committin, an of the acts enumerated in Section 4 shall suffer the penalt of imprisonment of t!ent (10) ears and a fine of not less than 5ne million pesos (/1,000,000.00) but not more than 9!o million pesos (/1,000,000.00)0 #(b) An person found ,uilt of committin, an of the acts enumerated in Section 4*A of this Act shall suffer the penalt of imprisonment of fifteen (16) ears and a fine of not less than Di&e hundred thousand pesos (/600,000.00) but not more than 5ne million pesos (/1,000,000.00)0 #(c) An person found ,uilt of Section 4*. of this Act shall suffer the penalt of imprisonment of fifteen (16) ears and a fine of not less than Di&e hundred thousand pesos (/600,000.00) but not more than 5ne million pesos (/1,000,000.00)0 #2n e&er case, con&iction shall cause and carr the automatic re&ocation of the license or re,istration of the recruitment a,enc in&ol&ed in traffic)in,. 9he license of a recruitment a,enc !hich traffic)ed a child shall be automaticall re&o)ed. #(d) An person found, ,uilt of committin, an of the acts enumerated in Section 6 shall suffer the penalt of imprisonment of fifteen (16) ears and a fine of not less than Di&e hundred thousand pesos (/600,000.00) but not more than 5ne million pesos (/1,000,000.00)0

#(e) An person found ,uilt of +ualified traffic)in, under Section 6 shall suffer the penalt of life imprisonment and a fine of not less than 9!o million pesos (/1,000,000.00) but not more than Di&e million pesos (/6,000,000.00)0 #(f) An person !ho &iolates Section 7 hereof shall suffer the penalt of imprisonment of si(6) ears and a fine of not less than Di&e hundred thousand pesos (/600,000.00) but not more than 5ne million pesos (/1,000,000.00)0 #(,) 2f the offender is a corporation, partnership, association, club, establishment or an (uridical person, the penalt shall be imposed upon the o!ner, president, partner, mana,er, and:or an responsible officer !ho participated in the commission of the crime or !ho shall ha&e )no!in,l permitted or failed to pre&ent its commission0 #(h) 9he re,istration !ith the Securities and 3-chan,e %ommission (S3%) and license to operate of the errin, a,enc , corporation, association, reli,ious ,roup, tour or tra&el a,ent, club or establishment, or an place of entertainment shall be cancelled and re&o)ed permanentl . 9he o!ner, president, partner or mana,er thereof shall not be allo!ed to operate similar establishments in a different name0 #(i) 2f the offender is a forei,ner, he or she shall be immediatel deported after ser&in, his or her sentence and be barred permanentl from enterin, the countr 0 #(() An emplo ee or official of ,o&ernment a,encies !ho shall issue or appro&e the issuance of tra&el e-it clearances, passports, re,istration certificates, counselin, certificates, marria,e license, and other similar documents to persons, !hether (uridical or natural, recruitment a,encies, establishments or other indi&iduals or ,roups, !ho fail to obser&e the prescribed procedures and the re+uirement as pro&ided for b la!s, rules and re,ulations, shall be held administrati&el liable, !ithout pre(udice to criminal liabilit under this Act. 9he concerned ,o&ernment official or emplo ee shall, upon con&iction, be dismissed from the ser&ice and be barred permanentl to hold public office. @is or her retirement and other benefits shall li)e!ise be forfeited0 and #()) %on&iction, b final (ud,ment of the adopter for an offense under this Act shall result in the immediate rescission of the decree of adoption.# S#$%&'( 13. Section 11 of Republic Act No. 910= is hereb amended to read as follo!s" #S3%. 11. 7se of 3raffic5ed Persons! " An person !ho bu s or en,a,es the ser&ices of a traffic)ed person for prostitution shall be penali8ed !ith the follo!in," Provided, 9hat the /robation Ga! (/residential >ecree No. 96=) shall not appl " #(a) Prision Correccional in its ma-imum period to prision mayor or si- (6) ears to t!el&e (11) ears imprisonment and a fine of not less than Dift thousand pesos (/60,000.00) but not more than 5ne hundred thousand pesos (/100,000.00)" Provided, ho0ever, 9hat the follo!in, acts shall be e-empted thereto" #(1) 2f an offense under para,raph (a) in&ol&es se-ual intercourse or lasci&ious conduct !ith a child, the penalt shall be reclusion temporal in its medium period to reclusion perpetua or se&enteen (17) ears to fort (40) ears imprisonment and a

fine of not less than Di&e hundred thousand pesos (/600,000.00) but not more than 5ne million pesos (/1,000,000.00)0 #(1) 2f an offense under para,raph (a) in&ol&es carnal )no!led,e of, or se-ual intercourse !ith, a male or female traffic)in, &ictim and also in&ol&es the use of force or intimidation, to a &ictim depri&ed of reason or to an unconscious &ictim, or a &ictim under t!el&e (11) ears of a,e, instead of the penalt prescribed in the subpara,raph abo&e the penalt shall be a fine of not less than 5ne million pesos (/1,000,000.00) but not more than Di&e million pesos (/6,000,000.00) and imprisonment ofreclusion perpetua or fort (40) ears imprisonment !ith no possibilit of parole0 e-cept that if a person &iolatin, para,raph (a) of this section )no!s the person that pro&ided prostitution ser&ices is in fact a &ictim of traffic)in,, the offender shall not be li)e!ise penali8ed under this section but under Section 10 as a person &iolatin, Section 40 and if in committin, such an offense, the offender also )no!s a +ualif in, circumstance for traffic)in,, the offender shall be penali8ed under Section 10 for +ualified traffic)in,. 2f in &iolatin, this section the offender also &iolates Section 4, the offender shall be penali8ed under Section 10 and, if applicable, for +ualified traffic)in, instead of under this section0 #(b) 4eportation! H 2f a forei,ner commits an offense described b para,raph (1) or (1) of this section or &iolates an pertinent pro&ision of this Act as an accomplice or accessor to, or b attemptin, an such offense, he or she shall be immediatel deported after ser&in, his or her sentence and be barred permanentl from enterin, the countr 0 and #(c) Public fficial! " 2f the offender is a public official, he or she shall be dismissed from ser&ice and shall suffer perpetual absolute dis+ualification to hold public, office, in addition to an imprisonment or fine recei&ed pursuant to an other pro&ision of this Act.# S#$%&'( 1). Section 11 of Republic Act No. 910= is hereb amended to read as follo!s" #S3%. 11. Prescriptive Period! H 9raffic)in, cases under this Act shall prescribe in ten (10) ears" Provided, ho0ever, 9hat traffic)in, cases committed b a s ndicate or in a lar,e scale as defined under Section 6, or a,ainst a child, shall prescribe in t!ent (10) ears. #9he prescripti&e period shall commence to run from the da on !hich the traffic)ed person is deli&ered or released from the conditions of bonda,e, or in the case of a child &ictim, from the da the child reaches the a,e of ma(orit , and shall be interrupted b the filin, of the complaint or information and shall commence to run a,ain !hen the proceedin,s terminate !ithout the accused bein, con&icted or ac+uitted or are un(ustifiabl stopped for an reason not imputable to the accused.# S#$%&'( 15. Section 16 of Republic Act No. 910= is hereb amended to read as follo!s" #S3%. 16. Programs that #ddress 3raffic5ing in Persons! H 9he ,o&ernment shall establish and implement pre&enti&e, protecti&e and rehabilitati&e pro,rams for traffic)ed persons. Dor this purpose, the follo!in, a,encies are hereb mandated to implement the follo!in, pro,rams" #(a) >epartment of Dorei,n Affairs (>DA) H shall ma)e a&ailable its resources and facilities o&erseas for traffic)ed persons re,ardless of their manner of entr to the

recei&in, countr , and e-plore means to further enhance its assistance in eliminatin, traffic)in, acti&ities throu,h closer net!or)in, !ith ,o&ernment a,encies in the countr and o&erseas, particularl in the formulation of policies and implementation of rele&ant pro,rams. 2t shall pro&ide Dilipino &ictims of traffic)in, o&erseas !ith free le,al assistance and counsel to pursue le,al action a,ainst his or her traffic)ers, represent his or her interests in an criminal in&esti,ation or prosecution, and assist in the application for social benefits and:or re,ular immi,ration status as ma be allo!ed or pro&ided for b the host countr . 9he >DA shall repatriate traffic)ed Dilipinos !ith the consent of the &ictims. #9he >DA shall ta)e necessar measures for the efficient implementation of the 3lectronic /assportin, S stem to protect the inte,rit of /hilippine passports, &isas and other tra&el documents to reduce the incidence of traffic)in, throu,h the use of fraudulent identification documents. #2n coordination !ith the >epartment of Gabor and 3mplo ment, it shall pro&ide free temporar shelters and other ser&ices to Dilipino &ictims of traffic)in, o&erseas throu,h the mi,rant !or)ers and other o&erseas Dilipinos resource centers established o&erseas under Republic Act No. =041, as amended. #(b) >epartment of Social Felfare and >e&elopment (>SF>) H shall implement rehabilitati&e and protecti&e pro,rams for traffic)ed persons. 2t shall pro&ide counselin, and temporar shelter to traffic)ed persons and de&elop a s stem for accreditation amon, N?5s for purposes of establishin, centers and pro,rams for inter&ention in &arious le&els of the communit . 2t shall establish free temporar shelters, for the protection and housin, of traffic)ed persons to pro&ide the follo!in, basic ser&ices to traffic)ed persons" #(1) 9emporar housin, and food facilities0 #(1) /s cholo,ical support and counselin,0 #(3) 14*hour call center for crisis calls and technolo, *based counselin, and referral s stem0 #(4) %oordination !ith local la! enforcement entities0 and #(6) %oordination !ith the >epartment of Austice, amon, others. #9he >SF> must conduct information campai,ns in communities and schools teachin, parents and families that recei&in, consideration in e-chan,e for adoption is punishable under the la!. Durthermore, information campai,ns must be conducted !ith the police that the must not induce poor !omen to ,i&e their children up for adoption in e-chan,e for consideration. #(c) >epartment of Gabor and 3mplo ment (>5G3) H shall ensure the strict implementation and compliance !ith the rules and ,uidelines relati&e to the emplo ment of persons locall and o&erseas. 2t shall li)e!ise monitor, document and report cases of traffic)in, in persons in&ol&in, emplo ers and labor recruiters.

#(d) >epartment of Austice (>5A) H shall ensure the prosecution of persons accused of traffic)in, and desi,nate and train special prosecutors !ho shall handle and prosecute cases of traffic)in,. 2t shall also establish a mechanism for free le,al assistance for traffic)ed persons, in coordination !ith the >SF>, 2nte,rated .ar of the /hilippines (2./) and other N?5s and &olunteer ,roups. #(e) /hilippine %ommission on Fomen (/%F) H shall acti&el participate and coordinate in the formulation and monitorin, of policies addressin, the issue of traffic)in, in persons in coordination !ith rele&ant ,o&ernment a,encies. 2t shall li)e!ise ad&ocate for the inclusion of the issue of traffic)in, in persons in both its local and international ad&ocac for !omen's issues. #(f) .ureau of 2mmi,ration (.2) H shall strictl administer and enforce immi,ration and alien administration la!s. 2t shall adopt measures for the apprehension of suspected traffic)ers both at the place of arri&al and departure and shall ensure compliance b the Dilipino fiancKs:fiancKes and spouses of forei,n nationals !ith the ,uidance and counselin, re+uirement as pro&ided for in this Act. #(,) /hilippine National /olice (/N/) and National .ureau of 2n&esti,ation (N.2) H shall be the primar la! enforcement a,encies to underta)e sur&eillance, in&esti,ation and arrest of indi&iduals or persons suspected to be en,a,ed in traffic)in,. 9he shall closel coordinate !ith each other and !ith other la! enforcement a,encies to secure concerted efforts for effecti&e in&esti,ation and apprehension of suspected traffic)ers. 9he shall also establish a s stem to recei&e complaints and calls to assist traffic)ed persons and conduct rescue operations. #(h) /hilippine 5&erseas 3mplo ment Administration (/53A) and 5&erseas For)ers and Felfare Administration (5FFA) H /53A shall implement /re*3mplo ment 5rientation Seminars (/35S) !hile /re*>eparture 5rientation Seminars (/>5S) shall be conducted b the 5FFA. 2t shall li)e!ise formulate a s stem of pro&idin, free le,al assistance to traffic)ed persons, in coordination !ith the >DA. #9he /53A shall create a blac)list of recruitment a,encies, ille,al recruiters and persons facin, administrati&e, ci&il and criminal complaints for traffic)in, filed in the recei&in, countr and:or in the /hilippines and those a,encies, ille,al recruiters and persons in&ol&ed in cases of traffic)in, !ho ha&e been rescued b the >DA and >5G3 in the recei&in, countr or in the /hilippines e&en if no formal administrati&e, ci&il or criminal complaints ha&e been filed" Provided, 9hat the rescued &ictims shall e-ecute an affida&it attestin, to the acts &iolati&e of the anti*traffic)in, la!. 9his blac)list shall be posted in conspicuous places in concerned ,o&ernment a,encies and shall be updated bi*monthl . #9he blac)list shall li)e!ise be posted b the /53A in the shared ,o&ernment information s stem, !hich is mandated to be established under Republic Act No. =041, as amended. #9he /53A and 5FFA shall accredit N?5s and other ser&ice pro&iders to conduct /35S and />5S, respecti&el . 9he /35S and />5S should include the discussion and distribution of the blac)list. #9he license or re,istration of a recruitment a,enc that has been blac)listed ma be suspended b the /53A upon a re&ie! of the complaints filed a,ainst said a,enc .

#(i) >epartment of the 2nterior and Gocal ?o&ernment (>2G?) H shall institute a s stematic information and pre&ention campai,n in coordination !ith pertinent a,encies of ,o&ernment as pro&ided for in this Act. 2t shall pro&ide trainin, pro,rams to local ,o&ernment units, in coordination !ith the %ouncil, in ensurin, !ide understandin, and application of this Act at the local le&el. #(() %ommission on Dilipinos 5&erseas H shall conduct pre*departure counselin, ser&ices for Dilipinos in intermarria,es. 2t shall de&elop a s stem for accreditation of N?5s that ma be mobili8ed for purposes of conductin, pre*departure counselin, ser&ices for Dilipinos in intermarria,es. As such, it shall ensure that the counselors contemplated under this Act shall ha&e the minimum +ualifications and trainin, of ,uidance counselors as pro&ided for b la!. #2t shall li)e!ise assist in the conduct of information campai,ns a,ainst traffic)in, in coordination !ith local ,o&ernment units, the /hilippine 2nformation A,enc , and N?5s. #()) Gocal ,o&ernment units (G?;s) H shall monitor and document cases of traffic)in, in persons in their areas of (urisdiction, effect the cancellation of licenses of establishments !hich &iolate the pro&isions of this Act and ensure effecti&e prosecution of such cases. 9he shall also underta)e an information campai,n a,ainst traffic)in, in persons throu,h the establishment of the Bi,rants Ad&isor and 2nformation Net!or) (BA2N) des)s in municipalities or pro&inces in coordination !ith the >2G?, /hilippine 2nformation A,enc (/2A), %ommission on Dilipinos 5&erseas (%D5), N?5s and other concerned a,encies. 9he shall encoura,e and support communit *based initiati&es !hich address the traffic)in, in persons. #2n implementin, this Act, the a,encies concerned ma see) and enlist the assistance of N?5s, people's or,ani8ations (/5s), ci&ic or,ani8ations and other &olunteer ,roups.# S#$%&'( 16. A ne! Section 16*A is hereb inserted into Republic Act No. 910=, to read as follo!s" #S3%. 16*A. #nti$3raffic5ing in Persons 4atabase! H An anti*traffic)in, in persons central database shall be established b the 2nter*A,enc %ouncil A,ainst 9raffic)in, created under Section 10 of this Act. 9he %ouncil shall submit a report to the /resident of the /hilippines and to %on,ress, on or before Aanuar 16 of e&er ear, !ith respect to the precedin, ear's pro,rams and data on traffic)in,*related cases. #All ,o&ernment a,encies tas)ed under the la! to underta)e pro,rams and render assistance to address traffic)in, in persons shall de&elop their respecti&e monitorin, and data collection s stems, and databases, for purposes of ensurin, efficient collection and stora,e of data on cases of traffic)in, in persons handled b their respecti&e offices. Such data shall be submitted to the %ouncil for inte,ration in a central database s stem. #Dor this purpose, the %ouncil is hereb tas)ed to ensure the harmoni8ation and standardi8ation of databases, includin, minimum data re+uirements, definitions, reportin, formats, data collection s stems, and data &erification s stems. Such databases shall ha&e, at the minimum, the follo!in, information" #(a) 9he number of cases of traffic)in, in persons, sorted accordin, to status of cases, includin, the number of cases bein, in&esti,ated, submitted for prosecution,

dropped, and filed and:or pendin, before the courts and the number of con&ictions and ac+uittals0 #(b) 9he profile:information on each case0 #(c) 9he number of &ictims of traffic)in, in persons referred to the a,enc b destination countries:areas and b area of ori,in0 and #(d) >isa,,re,ated data on traffic)in, &ictims and the accused:defendants.# S#$%&'( 1*. Section 17 of Republic Act No. 910= is hereb amended to read as follo!s" #S3%. 17. Legal Protection to 3raffic5ed Persons! " 9raffic)ed persons shall be reco,ni8ed as &ictims of the act or acts of traffic)in, and as such, shall not be penali8ed for unla!ful acts committed as a direct result of, or as an incident or in relation to, bein, traffic)ed based on the acts of traffic)in, enumerated in this Act or in obedience to the order made b the traffic)er in relation thereto. 2n this re,ard, the consent of a traffic)ed person to the intended e-ploitation set forth in this Act shall be irrele&ant. #Eictims of traffic)in, for purposes of prostitution as defined under Section 4 of this Act are not co&ered b Article 101 of the Re&ised /enal %ode and as such, shall not be prosecuted, fined, or other!ise penali8ed under the said la!.# S#$%&'( 1+. A ne! Section 17*A is hereb inserted into Republic Act No. 910=, to read as follo!s" #S3%. 17*A. 3emporary Custody of 3raffic5ed 8ictims! H 9he rescue of &ictims should be done as much as possible !ith the assistance of the >SF> or an accredited N?5 that ser&ices traffic)ed &ictims. A la! enforcement officer, on a reasonable suspicion that a person is a &ictim of an offense defined under this Act includin, attempted traffic)in,, shall immediatel place that person in the temporar custod of the local social !elfare and de&elopment office, or an accredited or licensed shelter institution de&oted to protectin, traffic)ed persons after the rescue.# S#$%&'( 19. A ne! Section 17*. is hereb inserted into Republic Act No. 910=, to read as follo!s" #S3%. 17*.. )rrelevance of Past Se'ual Behavior, pinion 3hereof or Reputation of 8ictims and of Consent of 8ictims in Cases of 4eception, Coercion and ther Prohibited Means! " 9he past se-ual beha&ior or the se-ual predisposition of a traffic)ed person shall be considered inadmissible in e&idence for the purpose of pro&in, consent of the &ictim to en,a,e in se-ual beha&ior, or to pro&e the predisposition, se-ual or other!ise, of a traffic)ed person. Durthermore, the consent of a &ictim of traffic)in, to the intended e-ploitation shall be irrele&ant !here an of the means set forth in Section 3(a) of this Act has been used.# S#$%&'( !0. A ne! Section 17*% is hereb inserted into Republic Act No. 910=, to read as follo!s" #S3%. 17*%. )mmunity from Suit, Prohibited #cts and )n9unctive Remedies! H No action or suit shall be brou,ht, instituted or maintained in an court or tribunal or before an other authorit a,ainst an " (a) la! enforcement officer0 (b) social !or)er0 or (c) person actin, in compliance !ith a la!ful order from an of the abo&e, for la!ful acts done or statements made durin, an authori8ed rescue operation, reco&er or rehabilitation:inter&ention, or an

in&esti,ation or prosecution of an anti*traffic)in, case" Provided, 9hat such acts shall ha&e been made in ,ood faith. #9he prosecution of retaliator suits a,ainst &ictims of traffic)in, shall be held in abe ance pendin, final resolution and decision of criminal complaint for traffic)in,. #2t shall be prohibited for the >DA, the >5G3, and the /53A officials, la! enforcement officers, prosecutors and (ud,es to ur,e complainants to abandon their criminal, ci&il and administrati&e complaints for traffic)in,. #9he remedies of in(unction and attachment of properties of the traffic)ers, ille,al recruiters and persons in&ol&ed in traffic)in, ma be issued motu proprio b (ud,es.# S#$%&'( !1. Section 10 of Republic Act No. 910= is hereb amended to read as follo!s" #S3%. 10. )nter$#gency Council #gainst 3raffic5ing! " 9here is hereb established an 2nter* A,enc %ouncil A,ainst 9raffic)in,, to be composed of the Secretar of the >epartment of Austice as %hairperson and the Secretar of the >epartment of Social Felfare and >e&elopment as %o*%hairperson and shall ha&e the follo!in, as members" #(a) Secretar , >epartment of Dorei,n Affairs0 #(b) Secretar , >epartment of Gabor and 3mplo ment0 #(c) Secretar , >epartment of the 2nterior and Gocal ?o&ernment0 #(d) Administrator, /hilippine 5&erseas 3mplo ment Administration0 #(e) %ommissioner, .ureau of 2mmi,ration0 #(f) %hief, /hilippine National /olice0 #(,) %hairperson, /hilippine %ommission on Fomen0 #(h) %hairperson, %ommission on Dilipinos 5&erseas0 #(i) 3-ecuti&e >irector, /hilippine %enter for 9ransnational %rimes0 and #(() 9hree (3) representati&es from N?5s, !ho shall include one (1) representati&e each from amon, the sectors representin, !omen, o&erseas Dilipinos, and children, !ith a pro&en record of in&ol&ement in the pre&ention and suppression of traffic)in, in persons. 9hese representati&es shall be nominated b the ,o&ernment a,enc representati&es of the %ouncil, for appointment b the /resident for a term of three (3) ears. #9he members of the %ouncil ma desi,nate their permanent representati&es !ho shall ha&e a ran) not lo!er than an assistant secretar or its e+ui&alent to meetin,s, and shall recei&e emoluments as ma be determined b the %ouncil in accordance !ith e-istin, bud,et and accountin, rules and re,ulations.#

S#$%&'( !!. Section 11 of Republic Act No. 910= is hereb amended to read as follo!s" #S3%. 11. Secretariat to the Council! H 9he >epartment of Austice shall establish the necessar Secretariat for the %ouncil. #9he secretariat shall pro&ide support for the functions and pro(ects of the %ouncil. 9he secretariat shall be headed b an e-ecuti&e director, !ho shall be appointed b the Secretar of the >5A upon the recommendation of the %ouncil. 9he e-ecuti&e director must ha&e ade+uate )no!led,e on, trainin, and e-perience in the phenomenon of and issues in&ol&ed in traffic)in, in persons and in the field of la!, la! enforcement, social !or), criminolo, , or ps cholo, . #9he e-ecuti&e director shall be under the super&ision of the 2nter*A,enc %ouncil A,ainst 9raffic)in, throu,h its %hairperson and %o*%hairperson, and shall perform the follo!in, functions" #(a) Act as secretar of the %ouncil and administrati&e officer of its secretariat0 #(b) Ad&ise and assist the %hairperson in formulatin, and implementin, the ob(ecti&es, policies, plans and pro,rams of the %ouncil, includin, those in&ol&in, mobili8ation of ,o&ernment offices represented in the %ouncil as !ell as other rele&ant ,o&ernment offices, tas) forces, and mechanisms0 #(c) Ser&e as principal assistant to the %hairperson in the o&erall super&ision of council administrati&e business0 #(d) 5&ersee all council operational acti&ities0 #(e) 3nsure an effecti&e and efficient performance of council functions and prompt implementation of council ob(ecti&es, policies, plans and pro,rams0 #(f) /ropose effecti&e allocations of resources for implementin, council ob(ecti&es, policies, plans and pro,rams0 #(,) Submit periodic reports to the %ouncil on the pro,ress of council ob(ecti&es, policies, plans and pro,rams0 #(h) /repare annual reports of all council acti&ities0 and #(i) /erform other duties as the %ouncil ma assi,n.# S#$%&'( !3. A ne! Section 16*A is hereb inserted into Republic Act No. 910=, to read as follo!s" #S3%. 16*A. 2'tra$3erritorial :urisdiction! " 9he State shall e-ercise (urisdiction o&er an act defined and penali8ed under this Act, e&en if committed outside the /hilippines and !hether or not such act or acts constitute an offense at the place of commission, the crime bein, a continuin, offense, ha&in, been commenced in the /hilippines and other elements ha&in, been committed in another countr , if the suspect or accused" #(a) 2s a Dilipino citi8en0 or

#(b) 2s a permanent resident of the /hilippines0 or #(c) @as committed the act a,ainst a citi8en of the /hilippines. #No prosecution ma be commenced a,ainst a person under this section if a forei,n ,o&ernment, in accordance !ith (urisdiction reco,ni8ed b the /hilippines, has prosecuted or is prosecutin, such person for the conduct constitutin, such offense, e-cept upon the appro&al of the Secretar of Austice. #9he ,o&ernment ma surrender or e-tradite persons accused of traffic)in, in the /hilippines to the appropriate international court if an , or to another State pursuant to the applicable e-tradition la!s and treaties.# S#$%&'( !). Section 1= of Republic Act No. 910= is hereb amended, to read as follo!s" #S3%. 1=. ,unding! " 9he amount necessar to implement the pro&isions of this Act shall be char,ed a,ainst the current ear's appropriations of the 2nter*A,enc %ouncil A,ainst 9raffic)in, under the bud,et of the >5A and the appropriations of the other concerned departments. 9hereafter, such sums as ma be necessar for the continued implementation of this Act shall be included in the annual ?eneral Appropriations Act.#
./0phi.

S#$%&'( !5. A ne! Section 1=*A is hereb inserted into Republic Act No. 910=, to read as follo!s" #S3%. 1=*A. #dditional ,unds for the Council! H 9he amount collected from e&er penalt , fine or asset deri&ed from an &iolation of this Act shall be earmar)ed as additional funds for the use of the %ouncil. 9he fund ma be au,mented b ,rants, donations and endo!ment from &arious sources, domestic or forei,n, for purposes related to their functions, sub(ect to the e-istin, accepted rules and re,ulations of the %ommission on Audit.# S#$%&'( !6. Section 31 of Republic Act No. 910= of the Repealin, %lause is hereb amended to read as follo!s" #S3%. 31. Repealing Clause! H Article 101 of the Re&ised /enal %ode, as amended, and all la!s, acts, presidential decrees, e-ecuti&e orders, administrati&e orders, rules and re,ulations inconsistent !ith or contrar to the pro&isions of this Act are deemed amended, modified or repealed accordin,l " Provided,9hat this Act shall not in an !a amend or repeal the pro&isions of Republic Act No. 7610, other!ise )no!n as the $Special /rotection of %hild A,ainst %hild Abuse, 3-ploitation and >iscrimination Act.'# S#$%&'( !*. Section 33 of Republic Act No. 910= is hereb amended to read as follo!s" #S3%. 33. 2ffectivity! H 9his Act shall ta)e effect fifteen (16) da s follo!in, its complete publication in at least t!o (1) ne!spapers of ,eneral circulation.# Appro&ed,

(S,d.) ,UAN PONCE ENRILE /resident of the Senate

(S,d.) FELICIANO BELMONTE ,R. Spea)er of the @ouse of Representati&es

9his Act !hich is a consolidation of @ouse .ill No. 6339 and Senate .ill No. 1616 !as finall passed b the @ouse of Representati&es and the Senate on >ecember 4, 1011 and >ecember 6, 1011, respecti&el .

(S,d.) EMMA LIRIO-REYES Secretar of Senate

(S,d.) MARILYN B. BARUA-YAP Secretar ?eneral @ouse of Representati&es

Appro&ed" D3. 06 1013 -S./.0 BENIGNO S. A1UINO III President of the Philippines REPUBLIC ACT NO. 1035) AN ACT PRO3IDING FOR A NATIONAL POLICY ON RESPONSIBLE PARENTHOOD AND REPRODUCTI3E HEALTH Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: S#$%&'( 1. 3itle! H 9his Act shall be )no!n as "The Responsible Parenthood and Reproductive Health Act of 2012. S#$%&'( !. 4eclaration of Policy! H 9he State reco,ni8es and ,uarantees the human ri,hts of all persons includin, their ri,ht to e+ualit and nondiscrimination of these ri,hts, the ri,ht to sustainable human de&elopment, the ri,ht to health !hich includes reproducti&e health, the ri,ht to education and information, and the ri,ht to choose and ma)e decisions for themsel&es in accordance !ith their reli,ious con&ictions, ethics, cultural beliefs, and the demands of responsible parenthood. /ursuant to the declaration of State policies under Section 11, Article 22 of the 19=7 /hilippine %onstitution, it is the dut of the State to protect and stren,then the famil as a basic autonomous social institution and e+uall protect the life of the mother and the life of the unborn from conception. 9he State shall protect and promote the ri,ht to health of !omen especiall mothers in particular and of the people in ,eneral and instill health consciousness amon, them. 9he famil is the natural and fundamental unit of societ . 9he State shall li)e!ise protect and ad&ance the ri,ht of families in particular and the people in ,eneral to a balanced and healthful en&ironment in accord !ith the rh thm and harmon of nature. 9he State also reco,ni8es and ,uarantees the promotion and e+ual protection of the !elfare and ri,hts of children, the outh, and the unborn. Boreo&er, the State reco,ni8es and ,uarantees the promotion of ,ender e+ualit , ,ender e+uit , !omen empo!erment and di,nit as a health and human ri,hts concern and as a social responsibilit . 9he ad&ancement and protection of !omen's human ri,hts shall be central to the efforts of the State to address reproducti&e health care. 9he State reco,ni8es marria,e as an in&iolable social institution and the foundation of the famil !hich in turn is the foundation of the nation. /ursuant thereto, the State shall defend"

(a) 9he ri,ht of spouses to found a famil in accordance !ith their reli,ious con&ictions and the demands of responsible parenthood0 (b) 9he ri,ht of children to assistance, includin, proper care and nutrition, and special protection from all forms of ne,lect, abuse, cruelt , e-ploitation, and other conditions pre(udicial to their de&elopment0 (c) 9he ri,ht of the famil to a famil li&in, !a,e and income0 and (d) 9he ri,ht of families or famil associations to participate in the plannin, and implementation of policies and pro,rams 9he State li)e!ise ,uarantees uni&ersal access to medicall *safe, non*abortifacient, effecti&e, le,al, affordable, and +ualit reproducti&e health care ser&ices, methods, de&ices, supplies !hich do not pre&ent the implantation of a fertili8ed o&um as determined b the Dood and >ru, Administration (D>A) and rele&ant information and education thereon accordin, to the priorit needs of !omen, children and other underpri&ile,ed sectors, ,i&in, preferential access to those identified throu,h the National @ousehold 9ar,etin, S stem for /o&ert Reduction (N@9S*/R) and other ,o&ernment measures of identif in, mar,inali8ation, !ho shall be &oluntar beneficiaries of reproducti&e health care, ser&ices and supplies for free. L M 9he State shall eradicate discriminator practices, la!s and policies that infrin,e on a person's e-ercise of reproducti&e health ri,hts. 9he State shall also promote openness to life0 /ro&ided, 9hat parents brin, forth to the !orld onl those children !hom the can raise in a trul humane !a . S#$%&'( 3. ;uiding Principles for )mplementation! H 9his Act declares the follo!in, as ,uidin, principles" (a) 9he ri,ht to ma)e free and informed decisions, !hich is central to the e-ercise of an ri,ht, shall not be sub(ected to an form of coercion and must be full ,uaranteed b the State, li)e the ri,ht itself0 (b) Respect for protection and fulfillment of reproducti&e health and ri,hts !hich see) to promote the ri,hts and !elfare of e&er person particularl couples, adult indi&iduals, !omen and adolescents0 (c) Since human resource is amon, the principal assets of the countr , effecti&e and +ualit reproducti&e health care ser&ices must be ,i&en primac to ensure maternal and child health, the health of the unborn, safe deli&er and birth of health children, and sound replacement rate, in line !ith the State's dut to promote the ri,ht to health, responsible parenthood, social (ustice and full human de&elopment0 (d) 9he pro&ision of ethical and medicall safe, le,al, accessible, affordable, non* abortifacient, effecti&e and +ualit reproducti&e health care ser&ices and supplies is essential in the promotion of people's ri,ht to health, especiall those of !omen, the poor, and the mar,inali8ed, and shall be incorporated as a component of basic health care0 (e) 9he State shall promote and pro&ide information and access, !ithout bias, to all methods of famil plannin,, includin, effecti&e natural and modern methods !hich ha&e been pro&en

medicall safe, le,al, non*abortifacient, and effecti&e in accordance !ith scientific and e&idence*based medical research standards such as those re,istered and appro&ed b the D>A for the poor and mar,inali8ed as identified throu,h the N@9S*/R and other ,o&ernment measures of identif in, mar,inali8ation" /ro&ided, 9hat the State shall also pro&ide fundin, support to promote modern natural methods of famil plannin,, especiall the .illin,s 5&ulation Bethod, consistent !ith the needs of acceptors and their reli,ious con&ictions0 (f) 9he State shall promote pro,rams that" (1) enable indi&iduals and couples to ha&e the number of children the desire !ith due consideration to the health, particularl of !omen, and the resources a&ailable and affordable to them and in accordance !ith e-istin, la!s, public morals and their reli,ious con&ictions" /ro&ided, 9hat no one shall be depri&ed, for economic reasons, of the ri,hts to ha&e children0 (1) achie&e e+uitable allocation and utili8ation of resources0 (3) ensure effecti&e partnership amon, national ,o&ernment, local ,o&ernment units (G?;s) and the pri&ate sector in the desi,n, implementation, coordination, inte,ration, monitorin, and e&aluation of people*centered pro,rams to enhance the +ualit of life and en&ironmental protection0 (4) conduct studies to anal 8e demo,raphic trends includin, demo,raphic di&idends from sound population policies to!ards sustainable human de&elopment in )eepin, !ith the principles of ,ender e+ualit , protection of mothers and children, born and unborn and the promotion and protection of !omen's reproducti&e ri,hts and health0 and (6) conduct scientific studies to determine the safet and efficac of alternati&e medicines and methods for reproducti&e health care de&elopment0 (,) 9he pro&ision of reproducti&e health care, information and supplies ,i&in, priorit to poor beneficiaries as identified throu,h the N@9S*/R and other ,o&ernment measures of identif in, mar,inali8ation must be the primar responsibilit of the national ,o&ernment consistent !ith its obli,ation to respect, protect and promote the ri,ht to health and the ri,ht to life0 (h) 9he State shall respect indi&iduals' preferences and choice of famil plannin, methods that are in accordance !ith their reli,ious con&ictions and cultural beliefs, ta)in, into consideration the State's obli,ations under &arious human ri,hts instruments0 (i) Acti&e participation b non,o&ernment or,ani8ations (N?5s), !omen's and people's or,ani8ations, ci&il societ , faith*based or,ani8ations, the reli,ious sector and communities is crucial to ensure that reproducti&e health and population and de&elopment policies, plans, and pro,rams !ill address the priorit needs of !omen, the poor, and the mar,inali8ed0 (() Fhile this Act reco,ni8es that abortion is ille,al and punishable b la!, the ,o&ernment shall ensure that all !omen needin, care for post*aborti&e complications and all other complications arisin, from pre,nanc , labor and deli&er and related issues shall be treated and counseled in a humane, non(ud,mental and compassionate manner in accordance !ith la! and medical ethics0 ()) 3ach famil shall ha&e the ri,ht to determine its ideal famil si8e" /ro&ided, ho!e&er, 9hat the State shall e+uip each parent !ith the necessar information on all aspects of famil life, includin, reproducti&e health and responsible parenthood, in order to ma)e that determination0 (l) 9here shall be no demo,raphic or population tar,ets and the miti,ation, promotion and:or stabili8ation of the population ,ro!th rate is incidental to the ad&ancement of reproducti&e health0

(m) ?ender e+ualit and !omen empo!erment are central elements of reproducti&e health and population and de&elopment0 (n) 9he resources of the countr must be made to ser&e the entire population, especiall the poor, and allocations thereof must be ade+uate and effecti&e" /ro&ided, 9hat the life of the unborn is protected0 (o) >e&elopment is a multi*faceted process that calls for the harmoni8ation and inte,ration of policies, plans, pro,rams and pro(ects that see) to uplift the +ualit of life of the people, more particularl the poor, the need and the mar,inali8ed0 and (p) 9hat a comprehensi&e reproducti&e health pro,ram addresses the needs of people throu,hout their life c cle. S#$%&'( ). 4efinition of 3erms! H Dor the purpose of this Act, the follo!in, terms shall be defined as follo!s" (a) Abortifacient refers to an dru, or de&ice that induces abortion or the destruction of a fetus inside the mother's !omb or the pre&ention of the fertili8ed o&um to reach and be implanted in the mother's !omb upon determination of the D>A. (b) Adolescent refers to oun, people bet!een the a,es of ten (10) to nineteen (19) ears !ho are in transition from childhood to adulthood. (c) .asic 3mer,enc 5bstetric and Ne!born %are (.3B5N%) refers to lifesa&in, ser&ices for emer,enc maternal and ne!born conditions:complications bein, pro&ided b a health facilit or professional to include the follo!in, ser&ices" administration of parenteral o- tocic dru,s, administration of dose of parenteral anticon&ulsants, administration of parenteral antibiotics, administration of maternal steroids for preterm labor, performance of assisted &a,inal deli&eries, remo&al of retained placental products, and manual remo&al of retained placenta. 2t also includes neonatal inter&entions !hich include at the minimum" ne!born resuscitation, pro&ision of !armth, and referral, blood transfusion !here possible. (d) %omprehensi&e 3mer,enc 5bstetric and Ne!born %are (%3B5N%) refers to lifesa&in, ser&ices for emer,enc maternal and ne!born conditions:complications as in .asic 3mer,enc 5bstetric and Ne!born %are plus the pro&ision of sur,ical deli&er (caesarian section) and blood ban) ser&ices, and other hi,hl speciali8ed obstetric inter&entions. 2t also includes emer,enc neonatal care !hich includes at the minimum" ne!born resuscitation, treatment of neonatal sepsis infection, o- ,en support, and antenatal administration of (maternal) steroids for threatened premature deli&er . (e) Damil plannin, refers to a pro,ram !hich enables couples and indi&iduals to decide freel and responsibl the number and spacin, of their children and to ha&e the information and means to do so, and to ha&e access to a full ran,e of safe, affordable, effecti&e, non* abortifacient modem natural and artificial methods of plannin, pre,nanc . (f) Detal and infant death re&ie! refers to a +ualitati&e and in*depth stud of the causes of fetal and infant death !ith the primar purpose of pre&entin, future deaths throu,h chan,es or additions to pro,rams, plans and policies.

(,) ?ender e+ualit refers to the principle of e+ualit bet!een !omen and men and e+ual ri,hts to en(o conditions in reali8in, their full human potentials to contribute to, and benefit from, the results of de&elopment, !ith the State reco,ni8in, that all human bein,s are free and e+ual in di,nit and ri,hts. 2t entails e+ualit in opportunities, in the allocation of resources or benefits, or in access to ser&ices in furtherance of the ri,hts to health and sustainable human de&elopment amon, others, !ithout discrimination. (h) ?ender e+uit refers to the policies, instruments, pro,rams and actions that address the disad&anta,ed position of !omen in societ b pro&idin, preferential treatment and affirmati&e action. 2t entails fairness and (ustice in the distribution of benefits and responsibilities bet!een !omen and men, and often re+uires !omen*specific pro(ects and pro,rams to end e-istin, ine+ualities. 9his concept reco,ni8es that !hile reproducti&e health in&ol&es !omen and men, it is more critical for !omen's health. (i) Bale responsibilit refers to the in&ol&ement, commitment, accountabilit and responsibilit of males in all areas of se-ual health and reproducti&e health, as !ell as the care of reproducti&e health concerns specific to men. (() Baternal death re&ie! refers to a +ualitati&e and in*depth stud of the causes of maternal death !ith the primar purpose of pre&entin, future deaths throu,h chan,es or additions to pro,rams, plans and policies. ()) Baternal health refers to the health of a !oman of reproducti&e a,e includin,, but not limited to, durin, pre,nanc , childbirth and the postpartum period. (l) Bodern methods of famil plannin, refers to safe, effecti&e, non*abortifacient and le,al methods, !hether natural or artificial, that are re,istered !ith the D>A, to plan pre,nanc . (m) Natural famil plannin, refers to a &ariet of methods used to plan or pre&ent pre,nanc based on identif in, the !oman's fertile da s. (n) /ublic health care ser&ice pro&ider refers to" (1) public health care institution, !hich is dul licensed and accredited and de&oted primaril to the maintenance and operation of facilities for health promotion, disease pre&ention, dia,nosis, treatment and care of indi&iduals sufferin, from illness, disease, in(ur , disabilit or deformit , or in need of obstetrical or other medical and nursin, care0 (1) public health care professional, !ho is a doctor of medicine, a nurse or a mid!ife0 (3) public health !or)er en,a,ed in the deli&er of health care ser&ices0 or (4) baran,a health !or)er !ho has under,one trainin, pro,rams under an accredited ,o&ernment and N?5 and !ho &oluntaril renders primaril health care ser&ices in the communit after ha&in, been accredited to function as such b the local health board in accordance !ith the ,uideline's promul,ated b the >epartment of @ealth (>5@). (o) /oor refers to members of households identified as poor throu,h the N@9S*/R b the >epartment of Social Felfare and >e&elopment (>SF>) or an subse+uent s stem used b the national ,o&ernment in identif in, the poor. (p) Reproducti&e @ealth (R@) refers to the state of complete ph sical, mental and social !ell* bein, and not merel the absence of disease or infirmit , in all matters relatin, to the reproducti&e s stem and to its functions and processes. 9his implies that people are able to ha&e a responsible, safe, consensual and satisf in, se- life, that the ha&e the capabilit to reproduce and the freedom to decide if, !hen, and ho! often to do so. 9his further implies

that !omen and men attain e+ual relationships in matters related to se-ual relations and reproduction. (+) Reproducti&e health care refers to the access to a full ran,e of methods, facilities, ser&ices and supplies that contribute to reproducti&e health and !ell*bein, b addressin, reproducti&e health*related problems. 2t also includes se-ual health, the purpose of !hich is the enhancement of life and personal relations. 9he elements of reproducti&e health care include the follo!in," (1) Damil plannin, information and ser&ices !hich shall include as a first priorit ma)in, !omen of reproducti&e a,e full a!are of their respecti&e c cles to ma)e them a!are of !hen fertili8ation is hi,hl probable, as !ell as hi,hl improbable0 (1) Baternal, infant and child health and nutrition, includin, breastfeedin,0 (3) /roscription of abortion and mana,ement of abortion complications0 (4) Adolescent and outh reproducti&e health ,uidance and counselin,0 (6) /re&ention, treatment and mana,ement of reproducti&e tract infections (R92s), @2E and A2>S and other se-uall transmittable infections (S92s)0 (6) 3limination of &iolence a,ainst !omen and children and other forms of se-ual and ,ender*based &iolence0 (7) 3ducation and counselin, on se-ualit and reproducti&e health0 (=) 9reatment of breast and reproducti&e tract cancers and other , necolo,ical conditions and disorders0 (9) Bale responsibilit and in&ol&ement and men's reproducti&e health0 (10) /re&ention, treatment and mana,ement of infertilit and se-ual d sfunction0 (11) Reproducti&e health education for the adolescents0 and (11) Bental health aspect of reproducti&e health care. (r) Reproducti&e health care pro,ram refers to the s stematic and inte,rated pro&ision of reproducti&e health care to all citi8ens prioriti8in, !omen, the poor, mar,inali8ed and those in&ulnerable or crisis situations. (s) Reproducti&e health ri,hts refers to the ri,hts of indi&iduals and couples, to decide freel and responsibl !hether or not to ha&e children0 the number, spacin, and timin, of their children0 to ma)e other decisions concernin, reproduction, free of discrimination, coercion and &iolence0 to ha&e the information and means to do so0 and to attain the hi,hest standard of se-ual health and reproducti&e health" /ro&ided, ho!e&er, 9hat reproducti&e health ri,hts do not include abortion, and access to abortifacients. (t) Reproducti&e health and se-ualit education refers to a lifelon, learnin, process of pro&idin, and ac+uirin, complete, accurate and rele&ant a,e* and de&elopment*appropriate

information and education on reproducti&e health and se-ualit throu,h life s)ills education and other approaches. (u) Reproducti&e 9ract 2nfection (R92) refers to se-uall transmitted infections (S92s), and other t pes of infections affectin, the reproducti&e s stem. (&) Responsible parenthood refers to the !ill and abilit of a parent to respond to the needs and aspirations of the famil and children. 2t is li)e!ise a shared responsibilit bet!een parents to determine and achie&e the desired number of children, spacin, and timin, of their children accordin, to their o!n famil life aspirations, ta)in, into account ps cholo,ical preparedness, health status, sociocultural and economic concerns consistent !ith their reli,ious con&ictions. (!) Se-ual health refers to a state of ph sical, mental and social !ell*bein, in relation to se-ualit . 2t re+uires a positi&e and respectful approach to se-ualit and se-ual relationships, as !ell as the possibilit of ha&in, pleasurable and safe se-ual e-periences, free from coercion, discrimination and &iolence. (-) Se-uall 9ransmitted 2nfection (S92) refers to an infection that ma be ac+uired or passed on throu,h se-ual contact, use of 2E, intra&enous dru, needles, childbirth and breastfeedin,. ( ) S)illed birth attendance refers to childbirth mana,ed b a s)illed health professional includin, the enablin, conditions of necessar e+uipment and support of a functionin, health s stem, includin, transport and referral faculties for emer,enc obstetric care. (8) S)illed health professional refers to a mid!ife, doctor or nurse, !ho has been educated and trained in the s)ills needed to mana,e normal and complicated pre,nancies, childbirth and the immediate postnatal period, and in the identification, mana,ement and referral of complications in !omen and ne!borns. (aa) Sustainable human de&elopment refers to brin,in, people, particularl the poor and &ulnerable, to the center of de&elopment process, the central purpose of !hich is the creation of an enablin, en&ironment in !hich all can en(o lon,, health and producti&e li&es, done in the manner that promotes their ri,hts and protects the life opportunities of future ,enerations and the natural ecos stem on !hich all life depends. S#$%&'( 5. Hiring of S5illed Health Professionals for Maternal Health Care and S5illed Birth #ttendance! H 9he G?;s shall endea&or to hire an ade+uate number of nurses, mid!i&es and other s)illed health professionals for maternal health care and s)illed birth attendance to achie&e an ideal s)illed health professional*to*patient ratio ta)in, into consideration >5@ tar,ets" /ro&ided, 9hat people in ,eo,raphicall isolated or hi,hl populated and depressed areas shall be pro&ided the same le&el of access to health care" /ro&ided, further, 9hat the national ,o&ernment shall pro&ide additional and necessar fundin, and other necessar assistance for the effecti&e implementation of this pro&ision. Dor the purposes of this Act, mid!i&es and nurses shall be allo!ed to administer lifesa&in, dru,s such as, but not limited to, o- tocin and ma,nesium sulfate, in accordance !ith the ,uidelines set b the >5@, under emer,enc conditions and !hen there are no ph sicians a&ailable" /ro&ided, 9hat the are properl trained and certified to administer these lifesa&in, dru,s.

S#$%&'( 6. Health Care ,acilities! H 3ach G?;, upon its determination of the necessit based on !ell*supported data pro&ided b its local health office shall endea&or to establish or up,rade hospitals and facilities !ith ade+uate and +ualified personnel, e+uipment and supplies to be able to pro&ide emer,enc obstetric and ne!born care" /ro&ided, 9hat people in ,eo,raphicall isolated or hi,hl populated and depressed areas shall ha&e the same le&el of access and shall not be ne,lected b pro&idin, other means such as home &isits or mobile health care clinics as needed" /ro&ided, further, 9hat the national ,o&ernment shall pro&ide additional and necessar fundin, and other necessar assistance for the effecti&e implementation of this pro&ision. S#$%&'( *. #ccess to ,amily Planning! H All accredited public health facilities shall pro&ide a full ran,e of modern famil plannin, methods, !hich shall also include medical consultations, supplies and necessar and reasonable procedures for poor and mar,inali8ed couples ha&in, infertilit issues !ho desire to ha&e children" /ro&ided, 9hat famil plannin, ser&ices shall li)e!ise be e-tended b pri&ate health facilities to pa in, patients !ith the option to ,rant free care and ser&ices to indi,ents, e-cept in the case of non*maternit specialt hospitals and hospitals o!ned and operated b a reli,ious ,roup, but the ha&e the option to pro&ide such full ran,e of modern famil plannin, methods" /ro&ided, further, 9hat these hospitals shall immediatel refer the person see)in, such care and ser&ices to another health facilit !hich is con&enientl accessible" /ro&ided, finall , 9hat the person is not in an emer,enc condition or serious case as defined in Republic Act No. =344. No person shall be denied information and access to famil plannin, ser&ices, !hether natural or artificial" /ro&ided, 9hat minors !ill not be allo!ed access to modern methods of famil plannin, !ithout !ritten consent from their parents or ,uardian:s e-cept !hen the minor is alread a parent or has had a miscarria,e. S#$%&'( +. Maternal 4eath Revie0 and ,etal and )nfant 4eath Revie0! H All G?;s, national and local ,o&ernment hospitals, and other public health units shall conduct an annual Baternal >eath Re&ie! and Detal and 2nfant >eath Re&ie! in accordance !ith the ,uidelines set b the >5@. Such re&ie! should result in an e&idence*based pro,rammin, and bud,etin, process that !ould contribute to the de&elopment of more responsi&e reproducti&e health ser&ices to promote !omen's health and safe motherhood. S#$%&'( 9. 3he Philippine 1ational 4rug ,ormulary System and ,amily Planning Supplies! H 9he National >ru, Dormular shall include hormonal contracepti&es, intrauterine de&ices, in(ectables and other safe, le,al, non*abortifacient and effecti&e famil plannin, products and supplies. 9he /hilippine National >ru, Dormular S stem (/N>DS) shall be obser&ed in selectin, dru,s includin, famil plannin, supplies that !ill be included or remo&ed from the 3ssential >ru,s Gist (3>G) in accordance !ith e-istin, practice and in consultation !ith reputable medical associations in the /hilippines. Dor the purpose of this Act, an product or suppl included or to be included in the 3>G must ha&e a certification from the D>A that said product and suppl is made a&ailable on the condition that it is not to be used as an abortifacient. 9hese products and supplies shall also be included in the re,ular purchase of essential medicines and supplies of all national hospitals" /ro&ided, further, 9hat the fore,oin, offices shall not purchase or ac+uire b an means emer,enc contracepti&e pills, postcoital pills, abortifacients that !ill be used for such purpose and their other forms or e+ui&alent. S#$%&'( 10. Procurement and 4istribution of ,amily Planning Supplies! H 9he >5@ shall procure, distribute to G?;s and monitor the usa,e of famil plannin, supplies for the !hole countr . 9he >5@ shall coordinate !ith all appropriate local ,o&ernment bodies to plan and implement this

procurement and distribution pro,ram. 9he suppl and bud,et allotments shall be based on, amon, others, the current le&els and pro(ections of the follo!in," (a) Number of !omen of reproducti&e a,e and couples !ho !ant to space or limit their children0 (b) %ontracepti&e pre&alence rate, b t pe of method used0 and (c) %ost of famil plannin, supplies. /ro&ided, 9hat G?;s ma implement its o!n procurement, distribution and monitorin, pro,ram consistent !ith the o&erall pro&isions of this Act and the ,uidelines of the >5@. S#$%&'( 11. )ntegration of Responsible Parenthood and ,amily Planning Component in #nti$Poverty Programs! H A multidimensional approach shall be adopted in the implementation of policies and pro,rams to fi,ht po&ert . 9o!ards this end, the >5@ shall implement pro,rams prioriti8in, full access of poor and mar,inali8ed !omen as identified throu,h the N@9S*/R and other ,o&ernment measures of identif in, mar,inali8ation to reproducti&e health care, ser&ices, products and pro,rams. 9he >5@ shall pro&ide such pro,rams, technical support, includin, capacit buildin, and monitorin,. S#$%&'( 1!. PhilHealth Benefits for Serious and Life$3hreatening Reproductive Health Conditions! H All serious and life*threatenin, reproducti&e health conditions such as @2E and A2>S, breast and reproducti&e tract cancers, and obstetric complications, and menopausal and post*menopausal* related conditions shall be ,i&en the ma-imum benefits, includin, the pro&ision of Anti*Retro&iral Bedicines (AREs), as pro&ided in the ,uidelines set b the /hilippine @ealth 2nsurance %orporation (/@2%). S#$%&'( 13. Mobile Health Care Service! H 9he national or the local ,o&ernment ma pro&ide each pro&incial, cit , municipal and district hospital !ith a Bobile @ealth %are Ser&ice (B@%S) in the form of a &an or other means of transportation appropriate to its terrain, ta)in, into consideration the health care needs of each G?;. 9he B@%S shall deli&er health care ,oods and ser&ices to its constituents, more particularl to the poor and need , as !ell as disseminate )no!led,e and information on reproducti&e health. 9he B@%S shall be operated b s)illed health pro&iders and ade+uatel e+uipped !ith a !ide ran,e of health care materials and information dissemination de&ices and e+uipment, the latter includin,, but not limited to, a tele&ision set for audio*&isual presentations. All B@%S shall be operated b G?;s of pro&inces and hi,hl urbani8ed cities. S#$%&'( 1). #ge$ and 4evelopment$#ppropriate Reproductive Health 2ducation! H 9he State shall pro&ide a,e* and de&elopment*appropriate reproducti&e health education to adolescents !hich shall be tau,ht b ade+uatel trained teachers informal and nonformal educational s stem and inte,rated in rele&ant sub(ects such as, but not limited to, &alues formation0 )no!led,e and s)ills in self* protection a,ainst discrimination0 se-ual abuse and &iolence a,ainst !omen and children and other forms of ,ender based &iolence and teen pre,nanc 0 ph sical, social and emotional chan,es in adolescents0 !omen's ri,hts and children's ri,hts0 responsible teena,e beha&ior0 ,ender and de&elopment0 and responsible parenthood" /ro&ided, 9hat fle-ibilit in the formulation and adoption of appropriate course content, scope and methodolo, in each educational le&el or ,roup shall be allo!ed onl after consultations !ith parents*teachers*communit associations, school officials and other interest ,roups. 9he >epartment of 3ducation (>ep3>) shall formulate a curriculum !hich shall be used b public schools and ma be adopted b pri&ate schools.

S#$%&'( 15. Certificate of Compliance! H No marria,e license shall be issued b the Gocal %i&il Re,istrar unless the applicants present a %ertificate of %ompliance issued for free b the local Damil /lannin, 5ffice certif in, that the had dul recei&ed ade+uate instructions and information on responsible parenthood, famil plannin,, breastfeedin, and infant nutrition. S#$%&'( 16. Capacity Building of Barangay Health <or5ers %BH<s&! H 9he >5@ shall be responsible for disseminatin, information and pro&idin, trainin, pro,rams to the G?;s. 9he G?;s, !ith the technical assistance of the >5@, shall be responsible for the trainin, of .@Fs and other baran,a &olunteers on the promotion of reproducti&e health. 9he >5@ shall pro&ide the G?;s !ith medical supplies and e+uipment needed b .@Fs to carr out their functions effecti&el " /ro&ided, further, 9hat the national ,o&ernment shall pro&ide additional and necessar fundin, and other necessar assistance for the effecti&e implementation of this pro&ision includin, the possible pro&ision of additional honoraria for .@Fs. S#$%&'( 1*. Pro Bono Services for )ndigent <omen! H /ri&ate and non,o&ernment reproducti&e healthcare ser&ice pro&iders includin,, but not limited to, , necolo,ists and obstetricians, are encoura,ed to pro&ide at least fort *ei,ht (4=) hours annuall of reproducti&e health ser&ices, ran,in, from pro&idin, information and education to renderin, medical ser&ices, free of char,e to indi,ent and lo!*income patients as identified throu,h the N@9S*/R and other ,o&ernment measures of identif in, mar,inali8ation, especiall to pre,nant adolescents. 9he fort *ei,ht (4=) hours annual pro bono ser&ices shall be included as a prere+uisite in the accreditation under the /hil@ealth. S#$%&'( 1+. Se'ual and Reproductive Health Programs for Persons 0ith 4isabilities %P<4s&! H 9he cities and municipalities shall endea&or that barriers to reproducti&e health ser&ices for /F>s are obliterated b the follo!in," (a) /ro&idin, ph sical access, and resol&in, transportation and pro-imit issues to clinics, hospitals and places !here public health education is pro&ided, contracepti&es are sold or distributed or other places !here reproducti&e health ser&ices are pro&ided0 (b) Adaptin, e-amination tables and other laborator procedures to the needs and conditions of /F>s0 (c) 2ncreasin, access to information and communication materials on se-ual and reproducti&e health in braille, lar,e print, simple lan,ua,e, si,n lan,ua,e and pictures0 (d) /ro&idin, continuin, education and inclusion of ri,hts of /F>s amon, health care pro&iders0 and (e) ;nderta)in, acti&ities to raise a!areness and address misconceptions amon, the ,eneral public on the sti,ma and their lac) of )no!led,e on the se-ual and reproducti&e health needs and ri,hts of /F>s. S#$%&'( 19. 4uties and Responsibilities! H (a) /ursuant to the herein declared polic , the >5@ shall ser&e as the lead a,enc for the implementation of this Act and shall inte,rate in their re,ular operations the follo!in, functions" (1) Dull and efficientl implement the reproducti&e health care pro,ram0

(1) 3nsure people's access to medicall safe, non*abortifacient, le,al, +ualit and affordable reproducti&e health ,oods and ser&ices0 and (3) /erform such other functions necessar to attain the purposes of this Act. (b) 9he >5@, in coordination !ith the /@2%, as ma be applicable, shall" (1) Stren,then the capacities of health re,ulator a,encies to ensure safe, hi,h +ualit , accessible and affordable reproducti&e health ser&ices and commodities !ith the concurrent stren,thenin, and enforcement of re,ulator mandates and mechanisms0 (1) Dacilitate the in&ol&ement and participation of N?5s and the pri&ate sector in reproducti&e health care ser&ice deli&er and in the production, distribution and deli&er of +ualit reproducti&e health and famil plannin, supplies and commodities to ma)e them accessible and affordable to ordinar citi8ens0 (3) 3n,a,e the ser&ices, s)ills and proficiencies of e-perts in natural famil plannin, !ho shall pro&ide the necessar trainin, for all .@Fs0 (4) Super&ise and pro&ide assistance to G?;s in the deli&er of reproducti&e health care ser&ices and in the purchase of famil plannin, ,oods and supplies0 and (6) Durnish G?;s, throu,h their respecti&e local health offices, appropriate information and resources to )eep the latter updated on current studies and researches relatin, to famil plannin,, responsible parenthood, breastfeedin, and infant nutrition. (c) 9he D>A shall issue strict ,uidelines !ith respect to the use of contracepti&es, ta)in, into consideration the side effects or other harmful effects of their use. (d) %orporate citi8ens shall e-ercise prudence in ad&ertisin, its products or ser&ices throu,h all forms of media, especiall on matters relatin, to se-ualit , further ta)in, into consideration its influence on children and the outh. S#$%&'( !0. Public #0areness! H 9he >5@ and the G?;s shall initiate and sustain a hei,htened nation!ide multimedia*campai,n to raise the le&el of public a!areness on the protection and promotion of reproducti&e health and ri,hts includin,, but not limited to, maternal health and nutrition, famil plannin, and responsible parenthood information and ser&ices, adolescent and outh reproducti&e health, ,uidance and counselin, and other elements of reproducti&e health care under Section 4(+). 3ducation and information materials to be de&eloped and disseminated for this purpose shall be re&ie!ed re,ularl to ensure their effecti&eness and rele&ance. S#$%&'( !1. Reporting Re*uirements! H .efore the end of April each ear, the >5@ shall submit to the /resident of the /hilippines and %on,ress an annual consolidated report, !hich shall pro&ide a definiti&e and comprehensi&e assessment of the implementation of its pro,rams and those of other ,o&ernment a,encies and instrumentalities and recommend priorities for e-ecuti&e and le,islati&e actions. 9he report shall be printed and distributed to all national a,encies, the G?;s, N?5s and pri&ate sector or,ani8ations in&ol&ed in said pro,rams.

9he annual report shall e&aluate the content, implementation, and impact of all policies related to reproducti&e health and famil plannin, to ensure that such policies promote, protect and fulfill !omen's reproducti&e health and ri,hts. S#$%&'( !!. Congressional versight Committee on Reproductive Health #ct! H 9here is hereb created a %on,ressional 5&ersi,ht %ommittee (%5%) composed of fi&e (6) members each from the Senate and the @ouse of Representati&es. 9he members from the Senate and the @ouse of Representati&es shall be appointed b the Senate /resident and the Spea)er, respecti&el , !ith at least one (1) member representin, the Binorit . 9he %5% shall be headed b the respecti&e %hairs of the %ommittee on @ealth and >emo,raph of the Senate and the %ommittee on /opulation and Damil Relations of the @ouse of Representati&es. 9he Secretariat of the %5% shall come from the e-istin, Secretariat personnel of the Senate and the @ouse of Representati&es committees concerned. 9he %5% shall monitor and ensure the effecti&e implementation of this Act, recommend the necessar remedial le,islation or administrati&e measures, and shall conduct a re&ie! of this Act e&er fi&e (6) ears from its effecti&it . 9he %5% shall perform such other duties and functions as ma be necessar to attain the ob(ecti&es of tins Act. S#$%&'( !3. Prohibited #cts! H 9he follo!in, acts are prohibited" (a) An health care ser&ice pro&ider, !hether public or pri&ate, !ho shall" (1) <no!in,l !ithhold information or restrict the dissemination thereof, and:or intentionall pro&ide incorrect information re,ardin, pro,rams and ser&ices on reproducti&e health includin, the ri,ht to informed choice and access to a full ran,e of le,al, medicall *safe, non*abortifacient and effecti&e famil plannin, methods0 (1) Refuse to perform le,al and medicall *safe reproducti&e health procedures on an person of le,al a,e on the ,round of lac) of consent or authori8ation of the follo!in, persons in the follo!in, instances" (i) Spousal consent in case of married persons" /ro&ided, 9hat in case of disa,reement, the decision of the one under,oin, the procedure shall pre&ail0 and (ii) /arental consent or that of the person e-ercisin, parental authorit in the case of abused minors, !here the parent or the person e-ercisin, parental authorit is the respondent, accused or con&icted perpetrator as certified b the proper prosecutorial office of the court. 2n the case of minors, the !ritten consent of parents or le,al ,uardian or, in their absence, persons e-ercisin, parental authorit or ne-t*of*)in shall be re+uired onl in electi&e sur,ical procedures and in no case shall consent be re+uired in emer,enc or serious cases as defined in Republic Act No. =3440 and (3) Refuse to e-tend +ualit health care ser&ices and information on account of the person's marital status, ,ender, a,e, reli,ious con&ictions, personal circumstances, or nature of !or)" /ro&ided, 9hat the conscientious ob(ection of a health care ser&ice pro&ider based on his:her ethical or reli,ious beliefs shall be respected0 ho!e&er, the conscientious ob(ector shall immediatel refer the person see)in, such care and

ser&ices to another health care ser&ice pro&ider !ithin the same facilit or one !hich is con&enientl accessible" /ro&ided, further, 9hat the person is not in an emer,enc condition or serious case as defined in Republic Act No. =344, !hich penali8es the refusal of hospitals and medical clinics to administer appropriate initial medical treatment and support in emer,enc and serious cases0 (b) An public officer, elected or appointed, specificall char,ed !ith the dut to implement the pro&isions hereof, !ho, personall or throu,h a subordinate, prohibits or restricts the deli&er of le,al and medicall *safe reproducti&e health care ser&ices, includin, famil plannin,0 or forces, coerces or induces an person to use such ser&ices0 or refuses to allocate, appro&e or release an bud,et for reproducti&e health care ser&ices, or to support reproducti&e health pro,rams0 or shall do an act that hinders the full implementation of a reproducti&e health pro,ram as mandated b this Act0 (c) An emplo er !ho shall su,,est, re+uire, undul influence or cause an applicant for emplo ment or an emplo ee to submit himself:herself to sterili8ation, use an modern methods of famil plannin,, or not use such methods as a condition for emplo ment, continued emplo ment, promotion or the pro&ision of emplo ment benefits. Durther, pre,nanc or the number of children shall not be a ,round for non*hirin, or termination from emplo ment0 (d) An person !ho shall falsif a %ertificate of %ompliance as re+uired in Section 16 of this Act0 and (e) An pharmaceutical compan , !hether domestic or multinational, or its a,ents or distributors, !hich directl or indirectl colludes !ith ,o&ernment officials, !hether appointed or elected, in the distribution, procurement and:or sale b the national ,o&ernment and G?;s of modern famil plannin, supplies, products and de&ices. S#$%&'( !). Penalties! H An &iolation of this Act or commission of the fore,oin, prohibited acts shall be penali8ed b imprisonment ran,in, from one (1) month to si- (6) months or a fine of 9en thousand pesos (/10,000.00) to 5ne hundred thousand pesos (/100,000.00), or both such fine and imprisonment at the discretion of the competent court" /ro&ided, 9hat, if the offender is a public officer, elected or appointed, he:she shall also suffer the penalt of suspension not e-ceedin, one (1) ear or remo&al and forfeiture of retirement benefits dependin, on the ,ra&it of the offense after due notice and hearin, b the appropriate bod or a,enc . 2f the offender is a (uridical person, the penalt shall be imposed upon the president or an responsible officer. An offender !ho is an alien shall, after ser&ice of sentence, be deported immediatel !ithout further proceedin,s b the .ureau of 2mmi,ration. 2f the offender is a pharmaceutical compan , its a,ent and:or distributor, their license or permit to operate or conduct business in the /hilippines shall be perpetuall re&o)ed, and a fine triple the amount in&ol&ed in the &iolation shall be imposed. S#$%&'( !5. #ppropriations! H 9he amounts appropriated in the current annual ?eneral Appropriations Act (?AA) for reproducti&e health and natural and artificial famil plannin, and responsible parenthood under the >5@ and other concerned a,encies shall be allocated and utili8ed for the implementation of this Act. Such additional sums necessar to pro&ide for the up,radin, of faculties necessar to meet .3B5N% and %3B5N% standards0 the trainin, and deplo ment of s)illed health pro&iders0 natural and artificial famil plannin, commodit re+uirements as outlined in Section 10, and for other reproducti&e health and responsible parenthood ser&ices, shall be included

in the subse+uent ears' ,eneral appropriations. 9he ?ender and >e&elopment (?A>) funds of G?;s and national a,encies ma be a source of fundin, for the implementation of this Act. S#$%&'( !6. )mplementing Rules and Regulations %)RR&! H Fithin si-t (60) da s from the effecti&it of this Act, the >5@ Secretar or his:her desi,nated representati&e as %hairperson, the authori8ed representati&e:s of >ep3>, >SF>, /hilippine %ommission on Fomen, /@2%, >epartment of the 2nterior and Gocal ?o&ernment, National 3conomic and >e&elopment Authorit , Gea,ue of /ro&inces, Gea,ue of %ities, and Gea,ue of Bunicipalities, to,ether !ith N?5s, faith*based or,ani8ations, people's, !omen's and oun, people's or,ani8ations, shall (ointl promul,ate the rules and re,ulations for the effecti&e implementation of this Act. At least four (4) members of the 2RR draftin, committee, to be selected b the >5@ Secretar , shall come from N?5s. S#$%&'( !*. )nterpretation Clause! H 9his Act shall be liberall construed to ensure the pro&ision, deli&er and access to reproducti&e health care ser&ices, and to promote, protect and fulfill !omen's reproducti&e health and ri,hts. S#$%&'( !+. Separability Clause! H 2f an part or pro&ision of this Act is held in&alid or unconstitutional, the other pro&isions not affected thereb shall remain in force and effect. S#$%&'( !9. Repealing Clause! H 3-cept for pre&ailin, la!s a,ainst abortion, an la!, presidential decree or issuance, e-ecuti&e order, letter of instruction, administrati&e order, rule or re,ulation contrar to or is inconsistent !ith the pro&isions of this Act includin, Republic Act No. 7391, other!ise )no!n as the Bid!ifer Act, is hereb repealed, modified or amended accordin,l . S#$%&'( 30. 2ffectivity! H 9his Act shall ta)e effect fifteen (16) da s after its publication in at least t!o (1) ne!spapers of ,eneral circulation.

(S,d.) ,UAN PONCE ENRILE /resident of the Senate

(S,d.) FELICIANO BELMONTE ,R. Spea)er of the @ouse of Representati&es

9his Act !hich is a consolidation of Senate .ill No. 1=66 and @ouse .ill No. 4144 !as finall passed b the Senate and the @ouse of Representati&es on >ecember 19, 1011.

(S,d.) EMMA LIRIO-REYES Secretar of Senate

(S,d.) MARILYN B. BARUA-YAP Secretar ?eneral @ouse of Representati&es

Appro&ed" >3% 11 1011 -S./.0 BENIGNO S. A1UINO III President of the Philippines REPUBLIC ACT NO. 10351 AN ACT RESTRUCTURING THE E2CISE TA2 ON ALCOHOL AND TOBACCO PRODUCTS BY AMENDING SECTIONS 1)1, 1)!, 1)3, 1)), 1)5, +, 131 AND !++ OF REPUBLIC ACT NO. +)!). OTHERWISE KNOWN AS THE NATIONAL INTERNAL RE3ENUE CODE OF 199*, AS AMENDED BY REPUBLIC ACT NO. 933), AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: S#$%&'( 1. Section 141 of the National 2nternal Re&enue %ode of 1997, as amended b Republic Act No. 9334, is hereb further amended to read as follo!s" S#$%&'( 1)1. 4istilled Spirits! H 5n distilled spirits, sub(ect to the pro&isions of Section 133 of this %ode, an e-cise ta- shall be le&ied, assessed and collected based on the follo!in, schedules" #(a) 3ffecti&e on Aanuar 1, 1013 #(1) An ad &alorem ta- e+ui&alent to fifteen percent (16I) of the net retail price (e-cludin, the e-cise ta- and the &alue*added ta-) per proof0 and #(1) 2n addition to the ad &alorem ta- herein imposed, a specific ta- of 9!ent pesos (/10.00) per proof liter. #(b) 3ffecti&e on Aanuar 1, 1016 #(1) An ad &alorem ta- e+ui&alent to t!ent percent (10I) of the net retail price (e-cludin, the e-cise ta- and the &alue*added ta-) per proof0 and #(1) 2n addition to the ad &alorem ta- herein imposed, a specific ta- of 9!ent pesos (/10.00) per proof liter. #(c) 2n addition to the ad &alorem ta- herein imposed, the specific ta- rate of 9!ent pesos (/10.00) imposed under this Section shall be increased b four percent (4I) e&er ear thereafter effecti&e on Aanuar 1, 1016, throu,h re&enue re,ulations issued b the Secretar of Dinance. #Bedicinal preparations, fla&orin, e-tracts, and all other preparations, e-cept toilet preparations, of !hich, e-cludin, !ater, distilled spirits form the chief in,redient, shall be sub(ect to the same ta- as such chief in,redient. #9his ta- shall be proportionall increased for an stren,th of the spirits ta-ed o&er proof spirits, and the ta- shall attach to this substance as soon as it is in e-istence as such, !hether it be subse+uentl separated as pure or impure spirits, or transformed into an other substance either in the process of ori,inal production or b an subse+uent process. # $Spirits or distilled spirits' is the substance )no!n as eth l alcohol, ethanol or spirits of !ine, includin, all dilutions, purifications and mi-tures thereof, from !hate&er source, b !hate&er process produced, and shall include !his) , brand , rum, ,in and &od)a, and other similar products or mi-tures. # $/roof spirits' is li+uor containin, one*half (1:1) of its &olume of alcohol of a specific ,ra&it of se&en thousand nine hundred and thirt *nine ten thousandths (0.7939) at fifteen de,rees centi,rade (16N%). A $proof liter' means a liter of proof spirits. # $Net retail price' shall mean the price at !hich the distilled spirits is sold on retail in at least fi&e (6) ma(or supermar)ets in Betro Banila, e-cludin, the amount intended to co&er the

applicable e-cise ta- and the &alue*added ta-. Dor distilled spirits !hich are mar)eted outside Betro Banila, the $net retail price' shall mean the price at !hich the distilled spirits is sold in at least fi&e (6) ma(or supermar)ets in the re,ion e-cludin, the amount intended to co&er the applicable e-cise ta- and the &alue*added ta-. #Ba(or supermar)ets, as contemplated under this Act, shall be those !ith the hi,hest annual ,ross sales in Betro Banila or the re,ion, as the case ma be, as determined b the National Statistics 5ffice, and shall e-clude retail outlets or )ios)s, con&enience or sari*sari stores, and others of a similar nature" /ro&ided, 9hat no t!o (1) supermar)ets in the list to be sur&e ed are affiliated and:or branches of each other" /ro&ided, finall , 9hat in case a particular distilled spirit is not sold in ma(or supermar)ets, the price sur&e can be conducted in retail outlets !here said distilled spirit is sold in Betro Banila or the re,ion, as the case ma be, upon the determination of the %ommissioner of 2nternal Re&enue. #9he net retail price shall be determined b the .ureau of 2nternal Re&enue (.1R) throu,h a price sur&e under oath. #9he methodolo, and all pertinent documents used in the conduct of the latest price sur&e shall be submitted to the %on,ressional 5&ersi,ht %ommittee on the %omprehensi&e 9aReform /ro,ram created under Republic Act No. =140. #;nderstatement of the su,,ested net retail price b as much as fifteen percent (16I) of the actual net retail price shall render the manufacturer or importer liable for additional e-cise tae+ui&alent to the ta- due and difference bet!een the understated su,,ested net retail price and the actual net retail price. #>istilled spirits introduced in the domestic mar)et after the effecti&it of this Act shall be initiall ta-ed accordin, to their su,,ested net retail prices. # $Su,,ested net retail price' shall mean the net retail price at !hich locall manufactured or imported distilled spirits are intended b the manufacturer or importer to be sold on retail in ma(or supermar)ets or retail outlets in Betro Banila for those mar)eted nation!ide, and in other re,ions, for those !ith re,ional mar)ets. At the end of three (3) months from the product launch, the .ureau of 2nternal Re&enue shall &alidate the su,,ested net retail price of the ne! brand a,ainst the net retail price as defined herein and initiall determine the correct ta- on a ne!l introduced distilled spirits. After the end of nine (9) months from such &alidation, , the .ureau of 2nternal Re&enue shall re&alidate the initiall &alidated net retail price a,ainst the net retail price as of the time of re&alidation in order to finall determine the correct ta- on a ne!l introduced distilled spirits. #All distilled spirits e-istin, in the mar)et at the time of the effecti&it of this Act shall be ta-ed accordin, to the ta- rates pro&ided abo&e based on the latest price sur&e of the distilled spirits conducted b the .ureau of 2nternal Re&enue. #9he methodolo, and all pertinent documents used in the conduct of the latest price sur&e shall be submitted to the %on,ressional 5&ersi,ht %ommittee on the %omprehensi&e 9aReform /ro,ram created under Republic Act No. =140. #Banufacturers and importers of distilled spirits shall, !ithin thirt (30) da s from the effecti&it of this Act, and !ithin the first fi&e (6) da s of e&er third month thereafter, submit to the %ommissioner a s!orn statement of the &olume of sales for each particular brand of distilled spirits sold at his establishment for the three*month period immediatel precedin,.

#An manufacturer or importer !ho, in &iolation of this Section, misdeclares or misrepresents in his or its s!orn statement herein re+uired an pertinent data or information shall, upon final findin,s b the %ommissioner that the &iolation !as committed, be penali8ed b a summar cancellation or !ithdra!al of his or its permit to en,a,e in business as manufacturer or importer of distilled spirits. #An corporation, association or partnership liable for an of the acts or omissions in &iolation of this Section shall be fined treble the amount of deficienc ta-es, surchar,es and interest !hich ma be assessed pursuant to this Section. #An person liable for an of the acts or omissions prohibited under this Section shall be criminall liable and penali8ed under Section 164 of this %ode. An person !ho !illfull aids or abets in the commission of an such act or omission shall be criminall liable in the same manner as the principal. #2f the offender is not a citi8en of the /hilippines, he shall be deported immediatel after ser&in, the sentence, !ithout further proceedin,s for deportation.# S#$%&'( !. Section 141 of the National 2nternal Re&enue %ode of 1997, as amended b Republic Act No. 9334, is hereb further amended to read as follo!s" S#$%&'( 1)!. <ines! H 5n !ines, there shall be collected per liter of &olume capacit effecti&e on Aanuar 1, 1013, the follo!in, e-cise ta-es" #(a) Spar)lin, !ines:champa,nes re,ardless of proof, if the net retail price per bottle of se&en hundred fift milliliter (760 ml.) &olume capacit (e-cludin, the e-cise ta- and the &alue*added ta-) is" #(1) Di&e hundred pesos (/600.00) or less *9!o hundred fift pesos (/160.00)0 and #(1) Bore than Di&e hundred pesos (/600.00) H Se&en hundred pesos (/700.00). #(b) Still !ines and carbonated !ines containin, fourteen percent (14I) of alcohol b &olume or less, 9hirt pesos (/30.00)0 and #(c) Still !ines and carbonated !ines containin, more than fourteen percent (14I) but not more than t!ent *fi&e percent (16I) of alcohol b &olume, Si-t pesos (/60.00). #9he rates of ta- imposed under this Section shall be increased b four percent (4I) e&er ear thereafter effecti&e on Aanuar 1, 1014, throu,h re&enue re,ulations issued b the Secretar of Dinance. #Dortified !ines containin, more than t!ent *fi&e percent (16I) of alcohol b &olume shall be ta-ed as distilled spirits. $Dortified !ines' shall mean natural !ines to !hich distilled spirits are added to increase their alcohol stren,th. # $Net retail price' shall mean the price at !hich spar)lin, !ine:champa,ne is sold on retail in at least fi&e (6) ma(or supermar)ets in Betro Banila, e-cludin, the amount intended to co&er the applicable e-cise ta- and the &alue*added ta-. Dor spar)lin, !ines:champa,nes !hich are mar)eted outside Betro Banila, the $net retail price' shall mean the price at !hich the

!ine is sold in at least fi&e (6) ma(or supermar)ets in the re,ion e-cludin, the amount intended to co&er the applicable e-cise ta- and the &alue*added ta-. #Ba(or supermar)ets, as contemplated under this Act, shall be those !ith the hi,hest annual ,ross sales in Betro Banila or the re,ion, as the case ma be, as determined b the National Statistics 5ffice, and shall e-clude retail outlets or )ios)s, con&enience or sari*sari stores, and others of a similar nature" /ro&ided, 9hat no t!o (1) supermar)ets in the list to be sur&e ed are affiliated and:or branches of each other" /ro&ided, finall , 9hat in case a particular spar)lin, !ine:champa,ne is not sold in ma(or supermar)ets, the price sur&e can be conducted in retail outlets !here said spar)lin, !ine:champa,ne is sold in Betro Banila or the re,ion, as the case ma be, upon the determination of the %ommissioner of 2nternal Re&enue. #9he net retail price shall be determined b the .ureau of 2nternal Re&enue throu,h a price sur&e under oath. #9he methodolo, and all pertinent documents used in the conduct of the latest price sur&e shall be submitted to the %on,ressional 5&ersi,ht %ommittee on the %omprehensi&e 9aReform /ro,ram created under Republic Act No. =140. #;nderstatement of the su,,ested net retail price b as much as fifteen percent (16I) of the actual net retail price shall render the manufacturer or importer liable for additional e-cise tae+ui&alent to the ta- due and difference bet!een the understated su,,ested net retail price and the actual net retail price. #Spar)lin, !ines:champa,nes introduced in the domestic mar)et after the effecti&it of this Act shall be initiall ta- classified accordin, to their su,,ested net retail prices. # $Su,,ested net retail price' shall mean the net retail price at !hich locall manufactured or imported spar)lin, !ines:champa,nes are intended b the manufacturer or importer to be sold on retail in ma(or supermar)ets or retail outlets in Betro Banila for those mar)eted nation!ide, and in other re,ions, for those !ith re,ional mar)ets. At the end of three (3) months from the product launch, the .ureau of 2nternal Re&enue shall &alidate the su,,ested net retail price of the spar)lin, !ine:champa,ne a,ainst the net retail price as defined herein and initiall determine the correct ta- brac)et to !hich a ne!l introduced spar)lin, !ine:champa,ne shall be classified. After the end of nine (9) months from such &alidation, the .ureau of 2nternal Re&enue shall re&alidate the initiall &alidated net retail price a,ainst the net retail price as of the time of re&alidation in order to finall determine the correct ta- brac)et to !hich a ne!l introduced spar)lin, !ine:champa,ne shall be classified. #9he proper ta- classification of spar)lin, !ines:champa,nes, !hether re,istered before or after the effecti&it of this Act, shall be determined e&er t!o (1) ears from the date of effecti&it of this Act. #All spar)lin, !ines:champa,nes e-istin, in the mar)et at the time of the effecti&it of this Act shall be classified accordin, to the net retail prices and the ta- rates pro&ided abo&e based on the latest price sur&e of the spar)lin, !ines:champa,nes conducted b the .ureau of 2nternal Re&enue.

#9he methodolo, and all pertinent documents used in the conduct of the latest price sur&e shall be submitted to the %on,ressional 5&ersi,ht %ommittee on the %omprehensi&e 9aReform /ro,ram created under Republic Act No. =140. #Banufacturers and importers of !ines shall, !ithin thirt (30) da s from the effecti&it of this Act, and !ithin the first fi&e (6) da s of e&er month thereafter, submit to the %ommissioner a s!orn statement of the &olume of sales for each particular brand of !ines sold at his establishment for the three*month period immediatel precedin,. #An manufacturer or importer !ho, in &iolation of this Section, misdeclares or misrepresents in his or its s!orn statement herein re+uired an pertinent data or information shall, upon final findin,s b the %ommissioner that the &iolation !as committed be penali8ed b a summar cancellation or !ithdra!al of his or its permit to en,a,e in business as manufacturer or importer of !ines. #An corporation, association or partnership liable for an of the acts or omissions in &iolation of this Section shall be fined treble the amount of deficienc ta-es, surchar,es and interest !hich ma be assessed pursuant to this Section. #An person liable for an of the acts or omissions prohibited under this Section shall be criminall liable and penali8ed under Section 164 of this %ode. An person !ho !illfull aids or abets in the commission of an such act or omission shall be criminall liable in the same manner as the principal. #2f the offender is not a citi8en of the /hilippines, he shall be deported immediatel after ser&in, the sentence, !ithout further proceedin,s for deportation.# S#$%&'( 3. Section 143 of the National 2nternal Re&enue %ode of 1997, as amended b Republic Act No. 9334, is hereb further amended to read as follo!s" S#$%&'( 1)3. ,ermented Li*uors! H 9here shall be le&ied, assessed and collected an e-cise ta- on beer, la,er beer, ale, porter and other fermented li+uors e-cept tuba, basi, tapu and similar fermented li+uors in accordance !ith the follo!in, schedule" #3ffecti&e on Aanuar 1, 1013 #(a) 2f the net retail price (e-cludin, the e-cise ta- and the &alue*added ta-) per liter of &olume capacit is Dift pesos and si-t centa&os (/60.60) or less, the ta- shall be Difteen pesos (/16.00) per liter0 and #(b) 2f the net retail price (e-cludin, the e-cise ta- and the &alue*added ta-) per liter of &olume capacit is more than Dift pesos and si-t centa&os (/60.60), the ta- shall be 9!ent pesos (/10.00) per liter. #3ffecti&e on Aanuar 1, 1014 #(a) 2f the net retail price (e-cludin, the e-cise ta- and the &alue*added ta-) per liter of &olume capacit is Dift pesos and si-t centa&os (/60.60) or less, the ta- shall be Se&enteen pesos (/17.00) per liter0 and

#(b) 2f the net retail price (e-cludin, the e-cise ta- and the &alue*added ta-) per liter of &olume capacit is more than Dift pesos and si-t centa&os (/60.60), the ta- shall be 9!ent *one pesos (/11.00) per liter. #3ffecti&e on Aanuar 1, 1016 #(a) 2f the net retail price (e-cludin, the e-cise ta- and the &alue*added ta-) per liter of &olume capacit is Dift pesos and si-t centa&os (/60.60) or less, the ta- shall be Nineteen pesos (/19.00) per liter0 and #(b) 2f the net retail price (e-cludin, the e-cise ta- and the &alue*added ta-) per liter of &olume capacit is more than Dift pesos and si-t centa&os (/60.60), the ta- shall be 9!ent *t!o pesos (/11.00) per liter. #3ffecti&e on Aanuar 1, 1016 #(a) 2f the net retail price (e-cludin, the e-cise ta- and the &alue*added ta-) per liter of &olume capacit is Dift pesos and si-t centa&os (/60.60) or less, the ta- shall be 9!ent *one pesos (/11.00) per liter0 and #(b) 2f the net retail price (e-cludin, the e-cise ta- and the &alue*added ta-) per liter of &olume capacit is more than Dift pesos and si-t centa&os (/60.60), the ta- shall be 9!ent *three pesos (/13.00) per liter. #3ffecti&e on Aanuar 1, 1017, the ta- on all fermented li+uors shall be 9!ent *three pesos and fift centa&os (/13.60) per liter. #9he rates of ta- imposed under this Section shall be increased b four percent (4I) e&er ear thereafter effecti&e on Aanuar 1, 101=, throu,h re&enue re,ulations issued b the Secretar of Dinance. @o!e&er, in case of fermented li+uors affected b the $no do!n!ard reclassification' pro&ision prescribed under this Section, the four percent (4I) increase shah appl to their respecti&e applicable ta- rates. #Dermented li+uors !hich are bre!ed and sold at micro*bre!eries or small establishments such as pubs and restaurants shall be sub(ect to the rate of 9!ent *ei,ht pesos (/1=.00) per liter effecti&e on Aanuar 1, 1013" /ro&ided, 9hat this rate shall be increased b four percent (4I) e&er ear thereafter effecti&e on Aanuar 1, 1014, throu,h re&enue re,ulations issued b the Secretar of Dinance. #Dermented li+uors introduced in the domestic mar)et after the effecti&it of this Act shall be initiall ta- classified accordin, to their su,,ested net retail prices. # $Su,,ested net retail price' shall mean the net retail price at !hich locall manufactured or imported fermented li+uor are intended b the manufacturer or importer to be sold on retail in ma(or supermar)ets or retail outlets in Betro Banila for those mar)eted nation!ide, and in other re,ions, for those !ith re,ional mar)ets. At the end of three (3) months from the product launch, the .ureau of 2nternal Re&enue shall &alidate the su,,ested net retail price of the ne!l introduced fermented li+uor a,ainst the net retail price as defined herein and initiall determine the correct ta- brac)et to !hich a ne!l introduced fermented li+uor, as defined abo&e, shall be classified. After the end of nine (9) months from such &alidation, the .ureau of 2nternal Re&enue shall re&alidate the initiall &alidated net retail price a,ainst the

net retail price as of the time of re&alidation in order to finall determine the correct tabrac)et !hich a ne!l introduced fermented li+uor shall be classified. # $Net retail price' shall mean the price at !hich the fermented li+uor is sold on retail in at least fi&e (6) ma(or supermar)ets in Betro Banila (for brands of fermented li+uor mar)eted nationall ), e-cludin, the amount intended to co&er the applicable e-cise ta- and the &alue* added ta-. Dor brands !hich are mar)eted outside Betro Banila, the $net retail price' shall mean the price at !hich the fermented li+uor is sold in at least fi&e (6) ma(or supermar)ets in the re,ion e-cludin, the amount intended to co&er the applicable e-cise ta- and the &alue* added ta-. #Ba(or supermar)ets, as contemplated under this Act, shall be those !ith the hi,hest annual ,ross sales in Betro Banila or the re,ion, as the case ma be, as determined b the National Statistics 5ffice, and shall e-clude retail outlets or )ios)s, con&enience or sari*sari stores, and others of a similar nature" /ro&ided, 9hat no t!o (1) supermar)ets in the list to be sur&e ed are affiliated and:or branches of each other" /ro&ided, finall , 9hat in case a particular fermented li+uor is not sold in ma(or supermar)ets, the price sur&e can be conducted in retail outlets !here said fermented li+uor is sold in Betro Banila or the re,ion, as the case ma be, upon the determination of the %ommissioner of 2nternal Re&enue. #9he net retail price shall be determined b the .ureau of 2nternal Re&enue (.2R) throu,h a price sur&e under oath. #9he methodolo, and all pertinent documents used in the conduct of the latest price sur&e shall be submitted to the %on,ressional 5&ersi,ht %ommittee on the %omprehensi&e 9aReform /ro,ram created under Republic Act No. =140. #;nderstatement of the su,,ested net retail price b as much as fifteen percent (16I) of the actual net retail price shall render the manufacturer or importer liable for additional e-cise tae+ui&alent to the ta- due and difference bet!een the understated su,,ested net retail price and the actual net retail price. #An do!n!ard reclassification of present cate,ories, for ta- purposes, of fermented li+uors dul re,istered at the time of the effecti&it of this Act !hich !ill reduce the ta- imposed herein, or the pa ment thereof, shall be prohibited. #9he proper ta- classification of fermented li+uors, !hether re,istered before or after the effecti&it of this Act, shall be determined e&er t!o (1) ears from the date of effecti&it of this Act. #All fermented li+uors e-istin, in the mar)et at the time of the effecti&it of this Act shall be classified accordin, to the net retail prices and the ta- rates pro&ided abo&e based on the latest price sur&e of the fermented li+uors conducted b the .ureau of 2nternal Re&enue. #9he methodolo, and all pertinent documents used in the conduct of the latest price sur&e shall be submitted to the %on,ressional 5&ersi,ht %ommittee on the %omprehensi&e 9aReform /ro,ram created under Republic Act No. =140. #3&er bre!er or importer of fermented li+uor shall, !ithin thirt (30) da s from the effecti&it of this Act, and !ithin the first fi&e (6) da s of e&er month thereafter, submit to the

%ommissioner a s!orn statement of the &olume of sales for each particular brand of fermented li+uor sold at his establishment for the three*month period immediatel precedin,. #An bre!er or importer !ho, in &iolation of this Section, misdeclares or misrepresents in his or its s!orn statement herein re+uired an pertinent data or information shall, upon final findin,s b the %ommissioner that the &iolation !as committed, be penali8ed b a summar cancellation or !ithdra!al of his or its permit to en,a,e in business as bre!er or importer of fermented li+uor. #An corporation, association or partnership liable for an of the acts or omissions in &iolation of this Section shall be fined treble the amount of deficienc ta-es, surchar,es and interest !hich ma be assessed pursuant to this Section. #An person liable for an of the acts or omissions prohibited under this Section shall be criminall liable and penali8ed under Section 164 of this %ode. An person !ho !illfull aids or abets in the commission of an such act or omission shall be criminall liable in the same manner as the principal. #2f the offender is not a citi8en of the /hilippines, he shall be deported immediatel after ser&in, the sentence, !ithout further proceedin,s for deportation.# S#$%&'( ). Section 144 of the National 2nternal Re&enue %ode of 1997, as amended b Republic Act No. 9334, is hereb further amended to read as follo!s" S#$%&'( 1)). 3obacco Products! H 9here shall be collected an e-cise ta- of 5ne peso and se&ent *fi&e centa&os (/1.76) effecti&e on Aanuar 1, 1013 on each )ilo,ram of the follo!in, products of tobacco" #(a) 9obacco t!isted b hand or reduced into a condition to be consumed in an manner other than the ordinar mode of dr in, and curin,0 #(b) 9obacco prepared or partiall prepared !ith or !ithout the use of an machine or instruments or !ithout bein, pressed or s!eetened e-cept as other!ise pro&ided hereunder0 and #(c) Dine*cut shorts and refuse, scraps, clippin,s, cuttin,s, stems and s!eepin,s of tobacco e-cept as other!ise pro&ided hereunder. #Stemmed leaf tobacco, tobacco prepared or partiall prepared !ith or !ithout the use of an machine or instrument or !ithout bein, pressed or s!eetened, fine*cut shorts and refuse, scraps, clippin,s, cuttin,s, stems, midribs, and s!eepin,s of tobacco resultin, from the handlin, or strippin, of !hole leaf tobacco shall be transferred, disposed of, or other!ise sold, !ithout an prepa ment of the e-cise ta- herein pro&ided for, if the same are to be e-ported or to be used in the manufacture of ci,ars, ci,arettes, or other tobacco products on !hich the e-cise ta- !ill e&entuall be paid on the finished product, under such conditions as ma be prescribed in the rules and re,ulations promul,ated b the Secretar of Dinance, upon recommendation of the %ommissioner. #5n tobacco speciall prepared for che!in, so as to be unsuitable for use in an other manner, on each )ilo,ram, 5ne peso and fift centa&os (/1.60) effecti&e on Aanuar 1, 1013.

#9he rates of ta- imposed under this Section shall be increased b four percent. (4I) e&er ear thereafter effecti&e on Aanuar 1, 1014, throu,h re&enue re,ulations issued b the Secretar of Dinance. #No tobacco products manufactured in the /hilippines and produced for e-port shall be remo&ed from their place of manufacture or e-ported !ithout postin, of an e-port bond e+ui&alent to the amount of the e-cise ta- due thereon if sold domesticall " /ro&ided, ho!e&er, 9hat tobacco products for e-port ma be transferred from the place of manufacture to a bonded facilit , upon postin, of a transfer bond, prior to e-port. #9obacco products imported into the /hilippines and destined for forei,n countries shall not be allo!ed entr !ithout postin, a bond e+ui&alent to the amount of customs dut , e-cise and &alue*added ta-es due thereon if sold domesticall . #Banufacturers and importers of tobacco products shall, !ithin thirt (30) da s from the effecti&it of this Act, and !ithin the first fi&e (6) da s of e&er month thereafter, submit to the %ommissioner a s!orn statement of the &olume of sales for each particular brand of tobacco products sold for the three*month period immediatel precedin,. #An manufacturer or importer !ho, in &iolation of this Section, misdeclares or misrepresents hi his or its s!orn statement herein re+uired an pertinent data or information shall, upon final findin,s b the %ommissioner that the &iolation !as committed, be penali8ed b a summar cancellation or !ithdra!al of his or its permit to en,a,e in business as manufacturer or importer of ci,ars or ci,arettes. #An corporation, association or partnership liable for an of the acts or omissions in &iolation of this Section shall be fined treble the amount of deficienc ta-es, surchar,es and interest !hich ma be assessed pursuant to this Section. #An person liable for an of the acts or omissions prohibited under this Section shall be criminall liable and penali8ed under Section 164 of this %ode. An person !ho !illfull aids or abets in the commission of an such act or omission shall be criminall liable in the same manner as the principal. #2f the offender is not a citi8en of the /hilippines, he shall be deported immediatel after ser&in, the sentence, !ithout further proceedin,s for deportation.# S#$%&'( 5. Section 146 of the National 2nternal Re&enue %ode of 1997, as amended b Republic Act No. 9334, is hereb further amended to read as follo!s" S#$%&'( 1)5. Cigars and Cigarettes! H #(A) %i,ars. H 9here shall be le&ied, assessed and collected on ci,ars an e-cise ta- in accordance !ith the follo!in, schedule" #(1) 3ffecti&e on Aanuar 1, 1013 #(a) An ad &alorem ta- e+ui&alent to t!ent percent (10I) of the net retail price (e-cludin, the e-cise ta- and the &alue*added ta-) per ci,ar0 and

#(b) 2n addition to the ad &alorem ta- herein imposed, a specific ta- of Di&e pesos (/6.00) per ci,ar. #(1) 2n addition to the ad &alorem ta- herein imposed, the specific ta- rate of Di&e pesos (/6.00) imposed under this subsection shall be increased b four percent (4I) effecti&e on Aanuar 1, 1014 throu,h re&enue re,ulations issued b the Secretar of Dinance. #(.) %i,arettes /ac)ed b @and. * 9here shall be le&ied, assessed and collected on ci,arettes pac)ed b hand an e-cise ta- based on the follo!in, schedules" #3ffecti&e on Aanuar 1, 1013, 9!el&e pesos (/11.00) per pac)0 #3ffecti&e on Aanuar 1, 1014, Difteen pesos (/16.00) per pac)0 #3ffecti&e on Aanuar 1, 1016, 3i,hteen pesos (/1=.00) per pac)0 #3ffecti&e on Aanuar 1, 1016, 9!ent *one pesos (/11.00) per pac)0 and #3ffecti&e on Aanuar 1, 1017, 9hirt pesos (/30.00) per pac). #9he rates of ta- imposed under this subsection shall be increased b four percent (4I) e&er earO effecti&e on Aanuar 1, 101=, throu,h re&enue re,ulations issued b the Secretar of Dinance. #>ul re,istered ci,arettes pac)ed b hand shall onl be pac)ed in t!enties and other pac)a,in, combinations of not more than t!ent . # $%i,arettes pac)ed b hand' shall refer to the manner of pac)a,in, of ci,arette stic)s usin, an indi&idual person's hands and not throu,h an other means such as a mechanical de&ice, machine or e+uipment. #(%) %i,arettes /ac)ed b Bachine. H 9here shall be le&ied, assessed and collected on ci,arettes pac)ed b machine a ta- at the rates prescribed belo!" #3ffecti&e on Aanuar 1, 1013 #(1) 2f the net retail price (e-cludin, the e-cise ta- and the &alue*added ta-) is 3le&en pesos and fift centa&os (/11.60) and belo! per pac), the ta- shall be 9!el&e pesos (/11.00) per pac)0 and #(1) 2f the net retail price (e-cludin, the e-cise ta- and the &alue*added ta-) is more than 3le&en pesos and fift centa&os (/11.60) per pac), the ta- shall be 9!ent *fi&e pesos (/16.00) per pac). #3ffecti&e on Aanuar 1, 1014 #(1) 2f the net retail price (e-cludin, the e-cise ta- and the &alue*added ta-) is 3le&en pesos and fift centa&os (/11.60) and belo! per pac), the ta- shall be Se&enteen pesos (/17.00) per pac)0 and

#(1) 2f the net retail price (e-cludin, the e-cise ta- and the &alue*added ta-) is more than 3le&en pesos and fift centa&os (/11.60) per pac), the ta- shall be 9!ent * se&en pesos (/17.00) per pac). #3ffecti&e on Aanuar 1, 1016 #(1) 2f the net retail price (e-cludin, the e-cise ta- and the &alue*added ta-) is 3le&en pesos and fift centa&os (/11.60) and belo! per pac), the ta- shall be 9!ent *one pesos (/11.00) per pac)0 and #(1) 2f the net retail price (e-cludin, the e-cise ta- and the &alue*added ta-) is more than 3le&en pesos and fift centa&os (/11.60) per pac), the ta- shall be 9!ent * ei,ht pesos (/1=.00) per pac). #3ffecti&e on Aanuar 1, 1016 #(1) 2f the net retail price (e-cludin, the e-cise ta- and the &alue*added ta-) is 3le&en pesos and fift centa&os (/11.60) and belo! per pac), the ta- shall be 9!ent *fi&e pesos (/16.00) per pac)0 and #(1) 2f the net retail price (e-cludin, the e-cise ta- and the &alue*added ta-) is more than 3le&en pesos and fift centa&os (/11.60) per pac), the ta- shall be 9!ent *nine pesos (/19.00) per pac). #3ffecti&e on Aanuar 1, 1017, the ta- on all ci,arettes pac)ed b machine shall be 9hirt pesos (/30.00) per pac). #9he rates of ta- imposed under this subsection shall be increased b four percent (4I) e&er ear thereafter effecti&e on Aanuar 1, 101=, throu,h re&enue re,ulations issued b the Secretar of Dinance. #>ul re,istered ci,arettes pac)ed b machine shall onl be pac)ed in t!enties and other pac)a,in, combinations of not more than t!ent . #;nderstatement of the su,,ested net retail price b as much as fifteen percent (16I) of the actual net retail price shall render the manufacturer or importer liable for additional e-cise tae+ui&alent to the ta- due and difference bet!een the understated su,,ested net retail price and the actual net retail price. #%i,arettes introduced in the domestic mar)et after the effecti&it of this Act shall be initiall ta- classified accordin, to their su,,ested net retail prices. # $Su,,ested net retail price' shall mean the net retail price at !hich locall manufactured or imported ci,arettes are intended b the manufacturer or importer to be sold on retail in ma(or supermar)ets or retail outlets in Betro Banila for those mar)eted nation!ide, and in other re,ions, for those !ith re,ional mar)ets. At the end of three (3) months from the product launch, the .ureau of 2nternal Re&enue shall &alidate the su,,ested net retail price of the ne!l introduced ci,arette a,ainst the net retail price as defined herein and initiall determine the correct ta- brac)et under !hich a ne!l introduced ci,arette shall be classified. After the end of nine (9) months from such &alidation, the .ureau of 2nternal Re&enue shall re&alidate the initiall &alidated net retail price a,ainst the net retail price as of

the time of re&alidation in order to finall determine the correct ta- brac)et under !hich a ne!l introduced ci,arette shall be classified. # $Net retail price' shall mean the price at !hich the ci,arette is sold on retail in at least fi&e (6) ma(or supermar)ets in Betro Banila (for brands of ci,arettes mar)eted nationall ), e-cludin, the amount intended to co&er the applicable e-cise ta- and the &alue*added ta-. Dor ci,arettes !hich are mar)eted onl outside Betro Banila, the $net retail price' shah mean the price at !hich the ci,arette is sold in at least fi&e (6) ma(or supermar)ets in the re,ion e-cludin, the amount intended to co&er the applicable e-cise ta- and the &alue*added ta-. #Ba(or supermar)ets, as contemplated under this Act, shall be those !ith the hi,hest annual ,ross sales in Betro Banila or the re,ion, as the case ma be, as determined b the National Statistics 5ffice, and shall e-clude retail outlets or )ios)s, con&enience or sari*sari stores, and others of a similar nature" /ro&ided, 9hat no t!o (1) supermar)ets in the list to be sur&e ed are affiliated and:or branches of each other" /ro&ided, finall , 9hat in case a particular ci,arette is not sold in ma(or supermar)ets, the price sur&e can be conducted in retail outlets !here said ci,arette is sold in Betro Banila or the re,ion, as the case ma be, upon the determination of the %ommissioner of 2nternal Re&enue. #9he net retail price shall be determined b the .ureau of 2nternal Re&enue throu,h a price sur&e under oath. #9he methodolo, and all pertinent documents used in the conduct of the latest price sur&e shall be submitted to the %on,ressional 5&ersi,ht %ommittee on the %omprehensi&e 9aReform /ro,ram created under Republic Act No. =140. #9he proper ta- classification of ci,arettes, !hether re,istered before or after the effecti&it of this Act, shall be determined e&er t!o (1) ears from the date of effecti&it of this Act. #All ci,arettes e-istin, in the mar)et at the time of the effecti&it of this Act shall be classified accordin, to the net retail prices and the ta- rates pro&ided abo&e based on the latest price sur&e of ci,arettes conducted b the .ureau of 2nternal Re&enue. #9he methodolo, and all pertinent documents used in the conduct of the latest price sur&e shall be submitted to the %on,ressional 5&ersi,ht %ommittee on the %omprehensi&e 9aReform /ro,ram created under Republic Act No. =140. #No tobacco products manufactured in the /hilippines and produced for e-port shall be remo&ed from their place of manufacture or e-ported !ithout postin, of an e-port bond e+ui&alent to the amount of the e-cise ta- due thereon if sold domesticall " /ro&ided, ho!e&er, 9hat tobacco products for e-port ma be transferred from the place of manufacture to a bonded facilit , upon postin, of a transfer bond, prior to e-port. #9obacco products imported into the /hilippines and destined for forei,n countries shall not be allo!ed entr !ithout postin, a bond e+ui&alent to the amount of customs dut , e-cise and &alue*added ta-es due thereon if sold domesticall . #5f the total &olume of ci,arettes sold in the countr , an manufacturer and:or seller of tobacco products must procure at least fifteen percent (16I) of its tobacco leaf ra! material re+uirements from locall ,ro!n sources, sub(ect to ad(ustments based on international treat commitments.

#Banufacturers and importers of ci,ars and ci,arettes shall, !ithin thirt (30) da s from the effecti&it of this Act and !ithin the first fi&e (6) da s of e&er month thereafter, submit to the %ommissioner a s!orn statement of the &olume of sales for ci,ars and:or ci,arettes sold for the three*month period immediatel precedin,. #An manufacturer or importer !ho, in &iolation of this Section, misdeclares or misrepresents in his or its s!orn statement herein re+uired an pertinent data or information shall, upon final findin,s b the %ommissioner that the &iolation !as committed, be penali8ed b a summar cancellation or !ithdra!al of his or its permit to en,a,e in business as manufacturer or importer of ci,ars or ci,arettes. #An corporation, association or partnership liable for an of the acts or omissions in &iolation of this Section shall be fined treble the a,,re,ate amount of deficienc ta-es, surchar,es and interest !hich ma be assessed pursuant to this Section. #An person liable for an of the acts or omissions prohibited under this Section shall be criminall liable and penali8ed under Section 164 of this %ode. An person !ho !illfull aids or abets in the commission of an such act or omission shall be criminall liable in the same manner as the principal. #2f the offender is not a citi8en of the /hilippines, he shall be deported immediatel after ser&in, the sentence, !ithout further proceedin,s for deportation.# S#$%&'( 6. Section = of Republic Act No. =414 or the National 2nternal Re&enue %ode, as amended, is hereb further amended to read as follo!s" S#$%&'( +. 4uty of the Commissioner to 2nsure the Provision and 4istribution of ,orms, Receipts, Certificates, and #ppliances, and the #c5no0ledgment of Payment of 3a'es! * #(A) /ro&ision and >istribution to /roper*5fficials. H An la! to the contrar not!ithstandin,, it shah be the dut of the %ommissioner, amon, other thin,s, to prescribe, pro&ide, and distribute to the proper officials the re+uisite licenses0 internal re&enue stamps0 uni+ue, secure and nonremo&able identification mar)in,s (hereafter called uni+ue identification mar)in,s), such as codes or stamps, be affi-ed to or form part of all unit pac)ets and pac)a,es and an outside pac)a,in, of ci,arettes and bottles of distilled spirits0 labels and other forms0 certificates0 bonds0 records0 in&oices0 boo)s0 receipts0 instruments0 appliances and apparatus used in administerin, the la!s fallin, !ithin the (urisdiction of the .ureau. Dor this purpose, internal re&enue stamps, or other mar)in,s and labels shall be caused b the %ommissioner to be printed !ith ade+uate securit features. #2nternal re&enue stamps, !hether of a bar code or fuson desi,n, or other mar)in,s shall be firml and conspicuousl affi-ed or printed on each pac) of ci,ars and ci,arettes and bottles of distilled spirits sub(ect to e-cise ta- in the manner and form as prescribed b the %ommissioner, upon appro&al of the Secretar of Dinance. #9o further impro&e ta- administration,' ci,arette and alcohol manufacturers shall be re+uired to install automated &olume*counters of pac)s and bottles to deter o&er* remo&als and misdeclaration of remo&als.#

S#$%&'( *. Section 131, Subsection A of the National 2nternal Re&enue %ode of 1997, as amended b Republic Act No. 9334, is hereb further amended as follo!s" S#$%&'( 131. Payment of 2'cise 3a'es on! )mported #rticles! H #- - #9he pro&ision of an special or ,eneral la! to the contrar not!ithstandin,, the importation of ci,ars and ci,arettes distilled spirits, fermented li+uors and !ines into the /hilippines, e&en if destined for ta- and dut *free shops, shall be sub(ect to all applicable ta-es, duties, char,es, includin, e-cise ta-es due thereon. 9his shall appl to ci,ars and ci,arettes, distilled spirits, fermented li+uors and !ines brou,ht directl into the dul chartered or le,islated freeports of the Subic Special 3conomic and Dreeport Pone, created under Republic Act No. 71170 the %a,a an Special 3conomic Pone and Dreeport, created under Republic Act No. 79110 and the Pamboan,a %it Special 3conomic Pone, created under Republic Act No. 7903, and such other freeports as ma hereafter be established or created b la!" /ro&ided, further, 9hat not!ithstandin, the pro&isions of Republic Act Nos. 9400 and 9693, importations of ci,ars and ci,arettes, distilled spirits, fermented li+uors and !ines made directl b a ,o&ernment*o!ned and operated dut *free shop, li)e the >ut *Dree /hilippines (>D/), shall be e-empted from all applicable duties onl " - - #- - #Articles confiscated shall be destro ed usin, the most en&ironmentall friendl method a&ailable in accordance !ith the rules and re,ulations to be promul,ated b the Secretar of Dinance, upon recommendation of the %ommissioners of %ustoms and 2nternal Re&enue. #- - -.# S#$%&'( +. Section 1==, subsections (.) and (%) of the National 2nternal Re&enue %ode of 1997, as amended b Republic Act No. 9334, is hereb further amended to read as follo!s" #(.) 2ncremental Re&enues from Republic Act No. =140. H Difteen percent (16I) of the incremental re&enue collected from the e-cise ta- on tobacco products under R. A. No. =140 shall be allocated and di&ided amon, the pro&inces producin, burle and nati&e tobacco in accordance !ith the &olume of tobacco leaf production. 9he fund shall be e-clusi&el utili8ed for pro,rams to promote economicall &iable alternati&es for tobacco farmers and !or)ers such as" #(1) /ro,rams that !ill pro&ide inputs, trainin,, and other support for tobacco farmers !ho shift to production of a,ricultural products other than tobacco includin,, but not limited to, hi,h*&alue crops, spices, rice, corn, su,arcane, coconut, li&estoc) and fisheries0 #(1) /ro,rams that !ill pro&ide financial support for tobacco farmers !ho are displaced or !ho cease to produce tobacco0 #(3) %ooperati&e pro,rams to assist tobacco farmers in plantin, alternati&e crops or implementin, other li&elihood pro(ects0

#(4) Gi&elihood pro,rams and pro(ects that !ill promote, enhance, and de&elop the tourism potential of tobacco*,ro!in, pro&inces0 #(6) 2nfrastructure pro(ects such as farm to mar)et roads, schools, hospitals, and rural health facilities0 and #(6) A,ro*industrial pro(ects that !ill enable tobacco farmers to be in&ol&ed in the mana,ement and subse+uent o!nership of pro(ects, such as post*har&est and secondar processin, li)e ci,arette manufacturin, and b *product utili8ation. #9he >epartment of .ud,et and Bana,ement, in consultation !ith the >epartment of A,riculture, shall issue rules and re,ulations ,o&ernin, the allocation and disbursement of this fund, not later than one hundred ei,ht (Q =0) da s from the effecti&it of this Act. #(%) 2ncremental Re&enues from the 3-cise 9a- on Alcohol and 9obacco /roducts. H #After deductin, the allocations under Republic Act Nos. 7171 and =140, ei,ht percent (=0I) of the remainin, balance of the incremental re&enue deri&ed from this Act shall be allocated for the uni&ersal health care under the National @ealth 2nsurance /ro,ram, the attainment of the millennium de&elopment ,oals and health a!areness pro,rams0 and t!ent percent (10I) shall be allocated nation!ide, based on political and district subdi&isions, for medical assistance and health enhancement facilities pro,ram, the annual re+uirements of !hich shall be determined b the >epartment of @ealth (>5@).# S#$%&'( 9. 3ransitory Provision! H A special financial support for displaced !or)ers in the alcohol and tobacco industries shall be allocated and included in the appropriations under the >epartment of Gabor and 3mplo ment (>5G3) to finance unemplo ment alle&iation pro,ram0 and to the 9echnical 3ducation and S)ills >e&elopment Authorit (93S>A) to finance the trainin, and retoolin, pro,rams of displaced !or)ers, to be included in the ?eneral Appropriations Acts for the Discal Rears 1014 to 1017. S#$%&'( 10. #nnual Report! H 9he >epartment of .ud,et and Bana,ement (>.B), the >epartment of A,riculture (>A), the >epartment of @ealth (>5@) and the /hilippine @ealth 2nsurance %orporation (/hil@ealth) shall each submit to the 5&ersi,ht %ommittee, created under Republic Act No. =140, a detailed report on the e-penditure of the amounts earmar)ed in this Section on the first !ee) of Au,ust of e&er ear. 9he reports shall be simultaneousl published in the 5fficial ?a8ette and in the a,encies' !ebsites. S#$%&'( 11. Congressional versight Committee! H 9he composition of the %on,ressional 5&ersi,ht %ommittee, created under Republic Act No. =140, shall include the A,riculture and @ealth %ommittee %hairpersons of the Senate and the @ouse of Representati&es as part of the four (4) members to be appointed from each @ouse. ;pon receipt of the annual reports from the >.B, >A, >5@, >5G3, /hil@ealth and 93S>A, the %ommittee shall re&ie! and ensure the proper implementation of this Act as re,ards the e-penditures of the earmar)ed funds. Startin, the third +uarter of %alendar Rear 1016, the %ommittee is mandated to re&ie! the impact of the ta- rates pro&ided under this Act.

S#$%&'( 1!. )mplementing Rules and Regulations! H 9he Secretar of Dinance shall, upon the recommendation of the %ommissioner of 2nternal Re&enue, and in consultation !ith the >epartment of @ealth, promul,ate the necessar rules and re,ulations for the effecti&e implementation of this Act not later than one hundred ei,ht (1=0) da s upon the effecti&it of this Act. S#$%&'( 13. Separability Clause! H 2f an of the pro&isions of this Act is declared in&alid b a competent court, the remainder of this Act or an pro&ision not affected b such declaration of in&alidit shall remain in force and effect. S#$%&'( 1). Repealing Clause! H All la!s, decrees ordinances, rules and re,ulations, e-ecuti&e or administrati&e orders and such other presidential issuances that are inconsistent !ith an of the pro&isions of this Act are hereb repealed, amended or other!ise modified accordin,l . S#$%&'( 15. 2ffectivity! H 9his Act shall ta)e effect upon its publication in a ne!spaper of ,eneral circulation. Appro&ed,

(S,d.) ,UAN PONCE ENRILE /resident of the Senate

(S,d.) FELICIANO BELMONTE ,R. Spea)er of the @ouse of Representati&es

9his Act !hich is a consolidation of @ouse .ill No. 6717 and Senate .ill No. 3199 !as finall passed b the @ouse of Representati&es and the Senate on >ecember 11, 1011. Appro&ed" >3% 19 1011

(S,d.) EMMA LIRIO-REYES Secretar of Senate

(S,d.) MARILYN B. BARUA-YAP Secretar ?eneral @ouse of Representati&es

-S./.0 BENIGNO S. A1UINO III President of the Philippines REPUBLIC ACT NO. 10351 AN ACT RESTRUCTURING THE E2CISE TA2 ON ALCOHOL AND TOBACCO PRODUCTS BY AMENDING SECTIONS 1)1, 1)!, 1)3, 1)), 1)5, +, 131 AND !++ OF REPUBLIC ACT NO. +)!). OTHERWISE KNOWN AS THE NATIONAL INTERNAL RE3ENUE CODE OF 199*, AS AMENDED BY REPUBLIC ACT NO. 933), AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: S#$%&'( 1. Section 141 of the National 2nternal Re&enue %ode of 1997, as amended b Republic Act No. 9334, is hereb further amended to read as follo!s"

S#$%&'( 1)1. 4istilled Spirits! H 5n distilled spirits, sub(ect to the pro&isions of Section 133 of this %ode, an e-cise ta- shall be le&ied, assessed and collected based on the follo!in, schedules" #(a) 3ffecti&e on Aanuar 1, 1013 #(1) An ad &alorem ta- e+ui&alent to fifteen percent (16I) of the net retail price (e-cludin, the e-cise ta- and the &alue*added ta-) per proof0 and #(1) 2n addition to the ad &alorem ta- herein imposed, a specific ta- of 9!ent pesos (/10.00) per proof liter. #(b) 3ffecti&e on Aanuar 1, 1016 #(1) An ad &alorem ta- e+ui&alent to t!ent percent (10I) of the net retail price (e-cludin, the e-cise ta- and the &alue*added ta-) per proof0 and #(1) 2n addition to the ad &alorem ta- herein imposed, a specific ta- of 9!ent pesos (/10.00) per proof liter. #(c) 2n addition to the ad &alorem ta- herein imposed, the specific ta- rate of 9!ent pesos (/10.00) imposed under this Section shall be increased b four percent (4I) e&er ear thereafter effecti&e on Aanuar 1, 1016, throu,h re&enue re,ulations issued b the Secretar of Dinance. #Bedicinal preparations, fla&orin, e-tracts, and all other preparations, e-cept toilet preparations, of !hich, e-cludin, !ater, distilled spirits form the chief in,redient, shall be sub(ect to the same ta- as such chief in,redient. #9his ta- shall be proportionall increased for an stren,th of the spirits ta-ed o&er proof spirits, and the ta- shall attach to this substance as soon as it is in e-istence as such, !hether it be subse+uentl separated as pure or impure spirits, or transformed into an other substance either in the process of ori,inal production or b an subse+uent process. # $Spirits or distilled spirits' is the substance )no!n as eth l alcohol, ethanol or spirits of !ine, includin, all dilutions, purifications and mi-tures thereof, from !hate&er source, b !hate&er process produced, and shall include !his) , brand , rum, ,in and &od)a, and other similar products or mi-tures. # $/roof spirits' is li+uor containin, one*half (1:1) of its &olume of alcohol of a specific ,ra&it of se&en thousand nine hundred and thirt *nine ten thousandths (0.7939) at fifteen de,rees centi,rade (16N%). A $proof liter' means a liter of proof spirits. # $Net retail price' shall mean the price at !hich the distilled spirits is sold on retail in at least fi&e (6) ma(or supermar)ets in Betro Banila, e-cludin, the amount intended to co&er the applicable e-cise ta- and the &alue*added ta-. Dor distilled spirits !hich are mar)eted outside Betro Banila, the $net retail price' shall mean the price at !hich the distilled spirits is sold in at least fi&e (6) ma(or supermar)ets in the re,ion e-cludin, the amount intended to co&er the applicable e-cise ta- and the &alue*added ta-.

#Ba(or supermar)ets, as contemplated under this Act, shall be those !ith the hi,hest annual ,ross sales in Betro Banila or the re,ion, as the case ma be, as determined b the National Statistics 5ffice, and shall e-clude retail outlets or )ios)s, con&enience or sari*sari stores, and others of a similar nature" /ro&ided, 9hat no t!o (1) supermar)ets in the list to be sur&e ed are affiliated and:or branches of each other" /ro&ided, finall , 9hat in case a particular distilled spirit is not sold in ma(or supermar)ets, the price sur&e can be conducted in retail outlets !here said distilled spirit is sold in Betro Banila or the re,ion, as the case ma be, upon the determination of the %ommissioner of 2nternal Re&enue. #9he net retail price shall be determined b the .ureau of 2nternal Re&enue (.1R) throu,h a price sur&e under oath. #9he methodolo, and all pertinent documents used in the conduct of the latest price sur&e shall be submitted to the %on,ressional 5&ersi,ht %ommittee on the %omprehensi&e 9aReform /ro,ram created under Republic Act No. =140. #;nderstatement of the su,,ested net retail price b as much as fifteen percent (16I) of the actual net retail price shall render the manufacturer or importer liable for additional e-cise tae+ui&alent to the ta- due and difference bet!een the understated su,,ested net retail price and the actual net retail price. #>istilled spirits introduced in the domestic mar)et after the effecti&it of this Act shall be initiall ta-ed accordin, to their su,,ested net retail prices. # $Su,,ested net retail price' shall mean the net retail price at !hich locall manufactured or imported distilled spirits are intended b the manufacturer or importer to be sold on retail in ma(or supermar)ets or retail outlets in Betro Banila for those mar)eted nation!ide, and in other re,ions, for those !ith re,ional mar)ets. At the end of three (3) months from the product launch, the .ureau of 2nternal Re&enue shall &alidate the su,,ested net retail price of the ne! brand a,ainst the net retail price as defined herein and initiall determine the correct ta- on a ne!l introduced distilled spirits. After the end of nine (9) months from such &alidation, , the .ureau of 2nternal Re&enue shall re&alidate the initiall &alidated net retail price a,ainst the net retail price as of the time of re&alidation in order to finall determine the correct ta- on a ne!l introduced distilled spirits. #All distilled spirits e-istin, in the mar)et at the time of the effecti&it of this Act shall be ta-ed accordin, to the ta- rates pro&ided abo&e based on the latest price sur&e of the distilled spirits conducted b the .ureau of 2nternal Re&enue. #9he methodolo, and all pertinent documents used in the conduct of the latest price sur&e shall be submitted to the %on,ressional 5&ersi,ht %ommittee on the %omprehensi&e 9aReform /ro,ram created under Republic Act No. =140. #Banufacturers and importers of distilled spirits shall, !ithin thirt (30) da s from the effecti&it of this Act, and !ithin the first fi&e (6) da s of e&er third month thereafter, submit to the %ommissioner a s!orn statement of the &olume of sales for each particular brand of distilled spirits sold at his establishment for the three*month period immediatel precedin,. #An manufacturer or importer !ho, in &iolation of this Section, misdeclares or misrepresents in his or its s!orn statement herein re+uired an pertinent data or information shall, upon final findin,s b the %ommissioner that the &iolation !as committed, be penali8ed b a

summar cancellation or !ithdra!al of his or its permit to en,a,e in business as manufacturer or importer of distilled spirits. #An corporation, association or partnership liable for an of the acts or omissions in &iolation of this Section shall be fined treble the amount of deficienc ta-es, surchar,es and interest !hich ma be assessed pursuant to this Section. #An person liable for an of the acts or omissions prohibited under this Section shall be criminall liable and penali8ed under Section 164 of this %ode. An person !ho !illfull aids or abets in the commission of an such act or omission shall be criminall liable in the same manner as the principal. #2f the offender is not a citi8en of the /hilippines, he shall be deported immediatel after ser&in, the sentence, !ithout further proceedin,s for deportation.# S#$%&'( !. Section 141 of the National 2nternal Re&enue %ode of 1997, as amended b Republic Act No. 9334, is hereb further amended to read as follo!s" S#$%&'( 1)!. <ines! H 5n !ines, there shall be collected per liter of &olume capacit effecti&e on Aanuar 1, 1013, the follo!in, e-cise ta-es" #(a) Spar)lin, !ines:champa,nes re,ardless of proof, if the net retail price per bottle of se&en hundred fift milliliter (760 ml.) &olume capacit (e-cludin, the e-cise ta- and the &alue*added ta-) is" #(1) Di&e hundred pesos (/600.00) or less *9!o hundred fift pesos (/160.00)0 and #(1) Bore than Di&e hundred pesos (/600.00) H Se&en hundred pesos (/700.00). #(b) Still !ines and carbonated !ines containin, fourteen percent (14I) of alcohol b &olume or less, 9hirt pesos (/30.00)0 and #(c) Still !ines and carbonated !ines containin, more than fourteen percent (14I) but not more than t!ent *fi&e percent (16I) of alcohol b &olume, Si-t pesos (/60.00). #9he rates of ta- imposed under this Section shall be increased b four percent (4I) e&er ear thereafter effecti&e on Aanuar 1, 1014, throu,h re&enue re,ulations issued b the Secretar of Dinance. #Dortified !ines containin, more than t!ent *fi&e percent (16I) of alcohol b &olume shall be ta-ed as distilled spirits. $Dortified !ines' shall mean natural !ines to !hich distilled spirits are added to increase their alcohol stren,th. # $Net retail price' shall mean the price at !hich spar)lin, !ine:champa,ne is sold on retail in at least fi&e (6) ma(or supermar)ets in Betro Banila, e-cludin, the amount intended to co&er the applicable e-cise ta- and the &alue*added ta-. Dor spar)lin, !ines:champa,nes !hich are mar)eted outside Betro Banila, the $net retail price' shall mean the price at !hich the !ine is sold in at least fi&e (6) ma(or supermar)ets in the re,ion e-cludin, the amount intended to co&er the applicable e-cise ta- and the &alue*added ta-.

#Ba(or supermar)ets, as contemplated under this Act, shall be those !ith the hi,hest annual ,ross sales in Betro Banila or the re,ion, as the case ma be, as determined b the National Statistics 5ffice, and shall e-clude retail outlets or )ios)s, con&enience or sari*sari stores, and others of a similar nature" /ro&ided, 9hat no t!o (1) supermar)ets in the list to be sur&e ed are affiliated and:or branches of each other" /ro&ided, finall , 9hat in case a particular spar)lin, !ine:champa,ne is not sold in ma(or supermar)ets, the price sur&e can be conducted in retail outlets !here said spar)lin, !ine:champa,ne is sold in Betro Banila or the re,ion, as the case ma be, upon the determination of the %ommissioner of 2nternal Re&enue. #9he net retail price shall be determined b the .ureau of 2nternal Re&enue throu,h a price sur&e under oath. #9he methodolo, and all pertinent documents used in the conduct of the latest price sur&e shall be submitted to the %on,ressional 5&ersi,ht %ommittee on the %omprehensi&e 9aReform /ro,ram created under Republic Act No. =140. #;nderstatement of the su,,ested net retail price b as much as fifteen percent (16I) of the actual net retail price shall render the manufacturer or importer liable for additional e-cise tae+ui&alent to the ta- due and difference bet!een the understated su,,ested net retail price and the actual net retail price. #Spar)lin, !ines:champa,nes introduced in the domestic mar)et after the effecti&it of this Act shall be initiall ta- classified accordin, to their su,,ested net retail prices. # $Su,,ested net retail price' shall mean the net retail price at !hich locall manufactured or imported spar)lin, !ines:champa,nes are intended b the manufacturer or importer to be sold on retail in ma(or supermar)ets or retail outlets in Betro Banila for those mar)eted nation!ide, and in other re,ions, for those !ith re,ional mar)ets. At the end of three (3) months from the product launch, the .ureau of 2nternal Re&enue shall &alidate the su,,ested net retail price of the spar)lin, !ine:champa,ne a,ainst the net retail price as defined herein and initiall determine the correct ta- brac)et to !hich a ne!l introduced spar)lin, !ine:champa,ne shall be classified. After the end of nine (9) months from such &alidation, the .ureau of 2nternal Re&enue shall re&alidate the initiall &alidated net retail price a,ainst the net retail price as of the time of re&alidation in order to finall determine the correct ta- brac)et to !hich a ne!l introduced spar)lin, !ine:champa,ne shall be classified. #9he proper ta- classification of spar)lin, !ines:champa,nes, !hether re,istered before or after the effecti&it of this Act, shall be determined e&er t!o (1) ears from the date of effecti&it of this Act. #All spar)lin, !ines:champa,nes e-istin, in the mar)et at the time of the effecti&it of this Act shall be classified accordin, to the net retail prices and the ta- rates pro&ided abo&e based on the latest price sur&e of the spar)lin, !ines:champa,nes conducted b the .ureau of 2nternal Re&enue. #9he methodolo, and all pertinent documents used in the conduct of the latest price sur&e shall be submitted to the %on,ressional 5&ersi,ht %ommittee on the %omprehensi&e 9aReform /ro,ram created under Republic Act No. =140.

#Banufacturers and importers of !ines shall, !ithin thirt (30) da s from the effecti&it of this Act, and !ithin the first fi&e (6) da s of e&er month thereafter, submit to the %ommissioner a s!orn statement of the &olume of sales for each particular brand of !ines sold at his establishment for the three*month period immediatel precedin,. #An manufacturer or importer !ho, in &iolation of this Section, misdeclares or misrepresents in his or its s!orn statement herein re+uired an pertinent data or information shall, upon final findin,s b the %ommissioner that the &iolation !as committed be penali8ed b a summar cancellation or !ithdra!al of his or its permit to en,a,e in business as manufacturer or importer of !ines. #An corporation, association or partnership liable for an of the acts or omissions in &iolation of this Section shall be fined treble the amount of deficienc ta-es, surchar,es and interest !hich ma be assessed pursuant to this Section. #An person liable for an of the acts or omissions prohibited under this Section shall be criminall liable and penali8ed under Section 164 of this %ode. An person !ho !illfull aids or abets in the commission of an such act or omission shall be criminall liable in the same manner as the principal. #2f the offender is not a citi8en of the /hilippines, he shall be deported immediatel after ser&in, the sentence, !ithout further proceedin,s for deportation.# S#$%&'( 3. Section 143 of the National 2nternal Re&enue %ode of 1997, as amended b Republic Act No. 9334, is hereb further amended to read as follo!s" S#$%&'( 1)3. ,ermented Li*uors! H 9here shall be le&ied, assessed and collected an e-cise ta- on beer, la,er beer, ale, porter and other fermented li+uors e-cept tuba, basi, tapu and similar fermented li+uors in accordance !ith the follo!in, schedule" #3ffecti&e on Aanuar 1, 1013 #(a) 2f the net retail price (e-cludin, the e-cise ta- and the &alue*added ta-) per liter of &olume capacit is Dift pesos and si-t centa&os (/60.60) or less, the ta- shall be Difteen pesos (/16.00) per liter0 and #(b) 2f the net retail price (e-cludin, the e-cise ta- and the &alue*added ta-) per liter of &olume capacit is more than Dift pesos and si-t centa&os (/60.60), the ta- shall be 9!ent pesos (/10.00) per liter. #3ffecti&e on Aanuar 1, 1014 #(a) 2f the net retail price (e-cludin, the e-cise ta- and the &alue*added ta-) per liter of &olume capacit is Dift pesos and si-t centa&os (/60.60) or less, the ta- shall be Se&enteen pesos (/17.00) per liter0 and #(b) 2f the net retail price (e-cludin, the e-cise ta- and the &alue*added ta-) per liter of &olume capacit is more than Dift pesos and si-t centa&os (/60.60), the ta- shall be 9!ent *one pesos (/11.00) per liter. #3ffecti&e on Aanuar 1, 1016

#(a) 2f the net retail price (e-cludin, the e-cise ta- and the &alue*added ta-) per liter of &olume capacit is Dift pesos and si-t centa&os (/60.60) or less, the ta- shall be Nineteen pesos (/19.00) per liter0 and #(b) 2f the net retail price (e-cludin, the e-cise ta- and the &alue*added ta-) per liter of &olume capacit is more than Dift pesos and si-t centa&os (/60.60), the ta- shall be 9!ent *t!o pesos (/11.00) per liter. #3ffecti&e on Aanuar 1, 1016 #(a) 2f the net retail price (e-cludin, the e-cise ta- and the &alue*added ta-) per liter of &olume capacit is Dift pesos and si-t centa&os (/60.60) or less, the ta- shall be 9!ent *one pesos (/11.00) per liter0 and #(b) 2f the net retail price (e-cludin, the e-cise ta- and the &alue*added ta-) per liter of &olume capacit is more than Dift pesos and si-t centa&os (/60.60), the ta- shall be 9!ent *three pesos (/13.00) per liter. #3ffecti&e on Aanuar 1, 1017, the ta- on all fermented li+uors shall be 9!ent *three pesos and fift centa&os (/13.60) per liter. #9he rates of ta- imposed under this Section shall be increased b four percent (4I) e&er ear thereafter effecti&e on Aanuar 1, 101=, throu,h re&enue re,ulations issued b the Secretar of Dinance. @o!e&er, in case of fermented li+uors affected b the $no do!n!ard reclassification' pro&ision prescribed under this Section, the four percent (4I) increase shah appl to their respecti&e applicable ta- rates. #Dermented li+uors !hich are bre!ed and sold at micro*bre!eries or small establishments such as pubs and restaurants shall be sub(ect to the rate of 9!ent *ei,ht pesos (/1=.00) per liter effecti&e on Aanuar 1, 1013" /ro&ided, 9hat this rate shall be increased b four percent (4I) e&er ear thereafter effecti&e on Aanuar 1, 1014, throu,h re&enue re,ulations issued b the Secretar of Dinance. #Dermented li+uors introduced in the domestic mar)et after the effecti&it of this Act shall be initiall ta- classified accordin, to their su,,ested net retail prices. # $Su,,ested net retail price' shall mean the net retail price at !hich locall manufactured or imported fermented li+uor are intended b the manufacturer or importer to be sold on retail in ma(or supermar)ets or retail outlets in Betro Banila for those mar)eted nation!ide, and in other re,ions, for those !ith re,ional mar)ets. At the end of three (3) months from the product launch, the .ureau of 2nternal Re&enue shall &alidate the su,,ested net retail price of the ne!l introduced fermented li+uor a,ainst the net retail price as defined herein and initiall determine the correct ta- brac)et to !hich a ne!l introduced fermented li+uor, as defined abo&e, shall be classified. After the end of nine (9) months from such &alidation, the .ureau of 2nternal Re&enue shall re&alidate the initiall &alidated net retail price a,ainst the net retail price as of the time of re&alidation in order to finall determine the correct tabrac)et !hich a ne!l introduced fermented li+uor shall be classified. # $Net retail price' shall mean the price at !hich the fermented li+uor is sold on retail in at least fi&e (6) ma(or supermar)ets in Betro Banila (for brands of fermented li+uor mar)eted nationall ), e-cludin, the amount intended to co&er the applicable e-cise ta- and the &alue*

added ta-. Dor brands !hich are mar)eted outside Betro Banila, the $net retail price' shall mean the price at !hich the fermented li+uor is sold in at least fi&e (6) ma(or supermar)ets in the re,ion e-cludin, the amount intended to co&er the applicable e-cise ta- and the &alue* added ta-. #Ba(or supermar)ets, as contemplated under this Act, shall be those !ith the hi,hest annual ,ross sales in Betro Banila or the re,ion, as the case ma be, as determined b the National Statistics 5ffice, and shall e-clude retail outlets or )ios)s, con&enience or sari*sari stores, and others of a similar nature" /ro&ided, 9hat no t!o (1) supermar)ets in the list to be sur&e ed are affiliated and:or branches of each other" /ro&ided, finall , 9hat in case a particular fermented li+uor is not sold in ma(or supermar)ets, the price sur&e can be conducted in retail outlets !here said fermented li+uor is sold in Betro Banila or the re,ion, as the case ma be, upon the determination of the %ommissioner of 2nternal Re&enue. #9he net retail price shall be determined b the .ureau of 2nternal Re&enue (.2R) throu,h a price sur&e under oath. #9he methodolo, and all pertinent documents used in the conduct of the latest price sur&e shall be submitted to the %on,ressional 5&ersi,ht %ommittee on the %omprehensi&e 9aReform /ro,ram created under Republic Act No. =140. #;nderstatement of the su,,ested net retail price b as much as fifteen percent (16I) of the actual net retail price shall render the manufacturer or importer liable for additional e-cise tae+ui&alent to the ta- due and difference bet!een the understated su,,ested net retail price and the actual net retail price. #An do!n!ard reclassification of present cate,ories, for ta- purposes, of fermented li+uors dul re,istered at the time of the effecti&it of this Act !hich !ill reduce the ta- imposed herein, or the pa ment thereof, shall be prohibited. #9he proper ta- classification of fermented li+uors, !hether re,istered before or after the effecti&it of this Act, shall be determined e&er t!o (1) ears from the date of effecti&it of this Act. #All fermented li+uors e-istin, in the mar)et at the time of the effecti&it of this Act shall be classified accordin, to the net retail prices and the ta- rates pro&ided abo&e based on the latest price sur&e of the fermented li+uors conducted b the .ureau of 2nternal Re&enue. #9he methodolo, and all pertinent documents used in the conduct of the latest price sur&e shall be submitted to the %on,ressional 5&ersi,ht %ommittee on the %omprehensi&e 9aReform /ro,ram created under Republic Act No. =140. #3&er bre!er or importer of fermented li+uor shall, !ithin thirt (30) da s from the effecti&it of this Act, and !ithin the first fi&e (6) da s of e&er month thereafter, submit to the %ommissioner a s!orn statement of the &olume of sales for each particular brand of fermented li+uor sold at his establishment for the three*month period immediatel precedin,. #An bre!er or importer !ho, in &iolation of this Section, misdeclares or misrepresents in his or its s!orn statement herein re+uired an pertinent data or information shall, upon final findin,s b the %ommissioner that the &iolation !as committed, be penali8ed b a summar

cancellation or !ithdra!al of his or its permit to en,a,e in business as bre!er or importer of fermented li+uor. #An corporation, association or partnership liable for an of the acts or omissions in &iolation of this Section shall be fined treble the amount of deficienc ta-es, surchar,es and interest !hich ma be assessed pursuant to this Section. #An person liable for an of the acts or omissions prohibited under this Section shall be criminall liable and penali8ed under Section 164 of this %ode. An person !ho !illfull aids or abets in the commission of an such act or omission shall be criminall liable in the same manner as the principal. #2f the offender is not a citi8en of the /hilippines, he shall be deported immediatel after ser&in, the sentence, !ithout further proceedin,s for deportation.# S#$%&'( ). Section 144 of the National 2nternal Re&enue %ode of 1997, as amended b Republic Act No. 9334, is hereb further amended to read as follo!s" S#$%&'( 1)). 3obacco Products! H 9here shall be collected an e-cise ta- of 5ne peso and se&ent *fi&e centa&os (/1.76) effecti&e on Aanuar 1, 1013 on each )ilo,ram of the follo!in, products of tobacco" #(a) 9obacco t!isted b hand or reduced into a condition to be consumed in an manner other than the ordinar mode of dr in, and curin,0 #(b) 9obacco prepared or partiall prepared !ith or !ithout the use of an machine or instruments or !ithout bein, pressed or s!eetened e-cept as other!ise pro&ided hereunder0 and #(c) Dine*cut shorts and refuse, scraps, clippin,s, cuttin,s, stems and s!eepin,s of tobacco e-cept as other!ise pro&ided hereunder. #Stemmed leaf tobacco, tobacco prepared or partiall prepared !ith or !ithout the use of an machine or instrument or !ithout bein, pressed or s!eetened, fine*cut shorts and refuse, scraps, clippin,s, cuttin,s, stems, midribs, and s!eepin,s of tobacco resultin, from the handlin, or strippin, of !hole leaf tobacco shall be transferred, disposed of, or other!ise sold, !ithout an prepa ment of the e-cise ta- herein pro&ided for, if the same are to be e-ported or to be used in the manufacture of ci,ars, ci,arettes, or other tobacco products on !hich the e-cise ta- !ill e&entuall be paid on the finished product, under such conditions as ma be prescribed in the rules and re,ulations promul,ated b the Secretar of Dinance, upon recommendation of the %ommissioner. #5n tobacco speciall prepared for che!in, so as to be unsuitable for use in an other manner, on each )ilo,ram, 5ne peso and fift centa&os (/1.60) effecti&e on Aanuar 1, 1013. #9he rates of ta- imposed under this Section shall be increased b four percent. (4I) e&er ear thereafter effecti&e on Aanuar 1, 1014, throu,h re&enue re,ulations issued b the Secretar of Dinance.

#No tobacco products manufactured in the /hilippines and produced for e-port shall be remo&ed from their place of manufacture or e-ported !ithout postin, of an e-port bond e+ui&alent to the amount of the e-cise ta- due thereon if sold domesticall " /ro&ided, ho!e&er, 9hat tobacco products for e-port ma be transferred from the place of manufacture to a bonded facilit , upon postin, of a transfer bond, prior to e-port. #9obacco products imported into the /hilippines and destined for forei,n countries shall not be allo!ed entr !ithout postin, a bond e+ui&alent to the amount of customs dut , e-cise and &alue*added ta-es due thereon if sold domesticall . #Banufacturers and importers of tobacco products shall, !ithin thirt (30) da s from the effecti&it of this Act, and !ithin the first fi&e (6) da s of e&er month thereafter, submit to the %ommissioner a s!orn statement of the &olume of sales for each particular brand of tobacco products sold for the three*month period immediatel precedin,. #An manufacturer or importer !ho, in &iolation of this Section, misdeclares or misrepresents hi his or its s!orn statement herein re+uired an pertinent data or information shall, upon final findin,s b the %ommissioner that the &iolation !as committed, be penali8ed b a summar cancellation or !ithdra!al of his or its permit to en,a,e in business as manufacturer or importer of ci,ars or ci,arettes. #An corporation, association or partnership liable for an of the acts or omissions in &iolation of this Section shall be fined treble the amount of deficienc ta-es, surchar,es and interest !hich ma be assessed pursuant to this Section. #An person liable for an of the acts or omissions prohibited under this Section shall be criminall liable and penali8ed under Section 164 of this %ode. An person !ho !illfull aids or abets in the commission of an such act or omission shall be criminall liable in the same manner as the principal. #2f the offender is not a citi8en of the /hilippines, he shall be deported immediatel after ser&in, the sentence, !ithout further proceedin,s for deportation.# S#$%&'( 5. Section 146 of the National 2nternal Re&enue %ode of 1997, as amended b Republic Act No. 9334, is hereb further amended to read as follo!s" S#$%&'( 1)5. Cigars and Cigarettes! H #(A) %i,ars. H 9here shall be le&ied, assessed and collected on ci,ars an e-cise ta- in accordance !ith the follo!in, schedule" #(1) 3ffecti&e on Aanuar 1, 1013 #(a) An ad &alorem ta- e+ui&alent to t!ent percent (10I) of the net retail price (e-cludin, the e-cise ta- and the &alue*added ta-) per ci,ar0 and #(b) 2n addition to the ad &alorem ta- herein imposed, a specific ta- of Di&e pesos (/6.00) per ci,ar. #(1) 2n addition to the ad &alorem ta- herein imposed, the specific ta- rate of Di&e pesos (/6.00) imposed under this subsection shall be increased b four percent (4I)

effecti&e on Aanuar 1, 1014 throu,h re&enue re,ulations issued b the Secretar of Dinance. #(.) %i,arettes /ac)ed b @and. * 9here shall be le&ied, assessed and collected on ci,arettes pac)ed b hand an e-cise ta- based on the follo!in, schedules" #3ffecti&e on Aanuar 1, 1013, 9!el&e pesos (/11.00) per pac)0 #3ffecti&e on Aanuar 1, 1014, Difteen pesos (/16.00) per pac)0 #3ffecti&e on Aanuar 1, 1016, 3i,hteen pesos (/1=.00) per pac)0 #3ffecti&e on Aanuar 1, 1016, 9!ent *one pesos (/11.00) per pac)0 and #3ffecti&e on Aanuar 1, 1017, 9hirt pesos (/30.00) per pac). #9he rates of ta- imposed under this subsection shall be increased b four percent (4I) e&er earO effecti&e on Aanuar 1, 101=, throu,h re&enue re,ulations issued b the Secretar of Dinance. #>ul re,istered ci,arettes pac)ed b hand shall onl be pac)ed in t!enties and other pac)a,in, combinations of not more than t!ent . # $%i,arettes pac)ed b hand' shall refer to the manner of pac)a,in, of ci,arette stic)s usin, an indi&idual person's hands and not throu,h an other means such as a mechanical de&ice, machine or e+uipment. #(%) %i,arettes /ac)ed b Bachine. H 9here shall be le&ied, assessed and collected on ci,arettes pac)ed b machine a ta- at the rates prescribed belo!" #3ffecti&e on Aanuar 1, 1013 #(1) 2f the net retail price (e-cludin, the e-cise ta- and the &alue*added ta-) is 3le&en pesos and fift centa&os (/11.60) and belo! per pac), the ta- shall be 9!el&e pesos (/11.00) per pac)0 and #(1) 2f the net retail price (e-cludin, the e-cise ta- and the &alue*added ta-) is more than 3le&en pesos and fift centa&os (/11.60) per pac), the ta- shall be 9!ent *fi&e pesos (/16.00) per pac). #3ffecti&e on Aanuar 1, 1014 #(1) 2f the net retail price (e-cludin, the e-cise ta- and the &alue*added ta-) is 3le&en pesos and fift centa&os (/11.60) and belo! per pac), the ta- shall be Se&enteen pesos (/17.00) per pac)0 and #(1) 2f the net retail price (e-cludin, the e-cise ta- and the &alue*added ta-) is more than 3le&en pesos and fift centa&os (/11.60) per pac), the ta- shall be 9!ent * se&en pesos (/17.00) per pac).

#3ffecti&e on Aanuar 1, 1016 #(1) 2f the net retail price (e-cludin, the e-cise ta- and the &alue*added ta-) is 3le&en pesos and fift centa&os (/11.60) and belo! per pac), the ta- shall be 9!ent *one pesos (/11.00) per pac)0 and #(1) 2f the net retail price (e-cludin, the e-cise ta- and the &alue*added ta-) is more than 3le&en pesos and fift centa&os (/11.60) per pac), the ta- shall be 9!ent * ei,ht pesos (/1=.00) per pac). #3ffecti&e on Aanuar 1, 1016 #(1) 2f the net retail price (e-cludin, the e-cise ta- and the &alue*added ta-) is 3le&en pesos and fift centa&os (/11.60) and belo! per pac), the ta- shall be 9!ent *fi&e pesos (/16.00) per pac)0 and #(1) 2f the net retail price (e-cludin, the e-cise ta- and the &alue*added ta-) is more than 3le&en pesos and fift centa&os (/11.60) per pac), the ta- shall be 9!ent *nine pesos (/19.00) per pac). #3ffecti&e on Aanuar 1, 1017, the ta- on all ci,arettes pac)ed b machine shall be 9hirt pesos (/30.00) per pac). #9he rates of ta- imposed under this subsection shall be increased b four percent (4I) e&er ear thereafter effecti&e on Aanuar 1, 101=, throu,h re&enue re,ulations issued b the Secretar of Dinance. #>ul re,istered ci,arettes pac)ed b machine shall onl be pac)ed in t!enties and other pac)a,in, combinations of not more than t!ent . #;nderstatement of the su,,ested net retail price b as much as fifteen percent (16I) of the actual net retail price shall render the manufacturer or importer liable for additional e-cise tae+ui&alent to the ta- due and difference bet!een the understated su,,ested net retail price and the actual net retail price. #%i,arettes introduced in the domestic mar)et after the effecti&it of this Act shall be initiall ta- classified accordin, to their su,,ested net retail prices. # $Su,,ested net retail price' shall mean the net retail price at !hich locall manufactured or imported ci,arettes are intended b the manufacturer or importer to be sold on retail in ma(or supermar)ets or retail outlets in Betro Banila for those mar)eted nation!ide, and in other re,ions, for those !ith re,ional mar)ets. At the end of three (3) months from the product launch, the .ureau of 2nternal Re&enue shall &alidate the su,,ested net retail price of the ne!l introduced ci,arette a,ainst the net retail price as defined herein and initiall determine the correct ta- brac)et under !hich a ne!l introduced ci,arette shall be classified. After the end of nine (9) months from such &alidation, the .ureau of 2nternal Re&enue shall re&alidate the initiall &alidated net retail price a,ainst the net retail price as of the time of re&alidation in order to finall determine the correct ta- brac)et under !hich a ne!l introduced ci,arette shall be classified.

# $Net retail price' shall mean the price at !hich the ci,arette is sold on retail in at least fi&e (6) ma(or supermar)ets in Betro Banila (for brands of ci,arettes mar)eted nationall ), e-cludin, the amount intended to co&er the applicable e-cise ta- and the &alue*added ta-. Dor ci,arettes !hich are mar)eted onl outside Betro Banila, the $net retail price' shah mean the price at !hich the ci,arette is sold in at least fi&e (6) ma(or supermar)ets in the re,ion e-cludin, the amount intended to co&er the applicable e-cise ta- and the &alue*added ta-. #Ba(or supermar)ets, as contemplated under this Act, shall be those !ith the hi,hest annual ,ross sales in Betro Banila or the re,ion, as the case ma be, as determined b the National Statistics 5ffice, and shall e-clude retail outlets or )ios)s, con&enience or sari*sari stores, and others of a similar nature" /ro&ided, 9hat no t!o (1) supermar)ets in the list to be sur&e ed are affiliated and:or branches of each other" /ro&ided, finall , 9hat in case a particular ci,arette is not sold in ma(or supermar)ets, the price sur&e can be conducted in retail outlets !here said ci,arette is sold in Betro Banila or the re,ion, as the case ma be, upon the determination of the %ommissioner of 2nternal Re&enue. #9he net retail price shall be determined b the .ureau of 2nternal Re&enue throu,h a price sur&e under oath. #9he methodolo, and all pertinent documents used in the conduct of the latest price sur&e shall be submitted to the %on,ressional 5&ersi,ht %ommittee on the %omprehensi&e 9aReform /ro,ram created under Republic Act No. =140. #9he proper ta- classification of ci,arettes, !hether re,istered before or after the effecti&it of this Act, shall be determined e&er t!o (1) ears from the date of effecti&it of this Act. #All ci,arettes e-istin, in the mar)et at the time of the effecti&it of this Act shall be classified accordin, to the net retail prices and the ta- rates pro&ided abo&e based on the latest price sur&e of ci,arettes conducted b the .ureau of 2nternal Re&enue. #9he methodolo, and all pertinent documents used in the conduct of the latest price sur&e shall be submitted to the %on,ressional 5&ersi,ht %ommittee on the %omprehensi&e 9aReform /ro,ram created under Republic Act No. =140. #No tobacco products manufactured in the /hilippines and produced for e-port shall be remo&ed from their place of manufacture or e-ported !ithout postin, of an e-port bond e+ui&alent to the amount of the e-cise ta- due thereon if sold domesticall " /ro&ided, ho!e&er, 9hat tobacco products for e-port ma be transferred from the place of manufacture to a bonded facilit , upon postin, of a transfer bond, prior to e-port. #9obacco products imported into the /hilippines and destined for forei,n countries shall not be allo!ed entr !ithout postin, a bond e+ui&alent to the amount of customs dut , e-cise and &alue*added ta-es due thereon if sold domesticall . #5f the total &olume of ci,arettes sold in the countr , an manufacturer and:or seller of tobacco products must procure at least fifteen percent (16I) of its tobacco leaf ra! material re+uirements from locall ,ro!n sources, sub(ect to ad(ustments based on international treat commitments. #Banufacturers and importers of ci,ars and ci,arettes shall, !ithin thirt (30) da s from the effecti&it of this Act and !ithin the first fi&e (6) da s of e&er month thereafter, submit to the

%ommissioner a s!orn statement of the &olume of sales for ci,ars and:or ci,arettes sold for the three*month period immediatel precedin,. #An manufacturer or importer !ho, in &iolation of this Section, misdeclares or misrepresents in his or its s!orn statement herein re+uired an pertinent data or information shall, upon final findin,s b the %ommissioner that the &iolation !as committed, be penali8ed b a summar cancellation or !ithdra!al of his or its permit to en,a,e in business as manufacturer or importer of ci,ars or ci,arettes. #An corporation, association or partnership liable for an of the acts or omissions in &iolation of this Section shall be fined treble the a,,re,ate amount of deficienc ta-es, surchar,es and interest !hich ma be assessed pursuant to this Section. #An person liable for an of the acts or omissions prohibited under this Section shall be criminall liable and penali8ed under Section 164 of this %ode. An person !ho !illfull aids or abets in the commission of an such act or omission shall be criminall liable in the same manner as the principal. #2f the offender is not a citi8en of the /hilippines, he shall be deported immediatel after ser&in, the sentence, !ithout further proceedin,s for deportation.# S#$%&'( 6. Section = of Republic Act No. =414 or the National 2nternal Re&enue %ode, as amended, is hereb further amended to read as follo!s" S#$%&'( +. 4uty of the Commissioner to 2nsure the Provision and 4istribution of ,orms, Receipts, Certificates, and #ppliances, and the #c5no0ledgment of Payment of 3a'es! * #(A) /ro&ision and >istribution to /roper*5fficials. H An la! to the contrar not!ithstandin,, it shah be the dut of the %ommissioner, amon, other thin,s, to prescribe, pro&ide, and distribute to the proper officials the re+uisite licenses0 internal re&enue stamps0 uni+ue, secure and nonremo&able identification mar)in,s (hereafter called uni+ue identification mar)in,s), such as codes or stamps, be affi-ed to or form part of all unit pac)ets and pac)a,es and an outside pac)a,in, of ci,arettes and bottles of distilled spirits0 labels and other forms0 certificates0 bonds0 records0 in&oices0 boo)s0 receipts0 instruments0 appliances and apparatus used in administerin, the la!s fallin, !ithin the (urisdiction of the .ureau. Dor this purpose, internal re&enue stamps, or other mar)in,s and labels shall be caused b the %ommissioner to be printed !ith ade+uate securit features. #2nternal re&enue stamps, !hether of a bar code or fuson desi,n, or other mar)in,s shall be firml and conspicuousl affi-ed or printed on each pac) of ci,ars and ci,arettes and bottles of distilled spirits sub(ect to e-cise ta- in the manner and form as prescribed b the %ommissioner, upon appro&al of the Secretar of Dinance. #9o further impro&e ta- administration,' ci,arette and alcohol manufacturers shall be re+uired to install automated &olume*counters of pac)s and bottles to deter o&er* remo&als and misdeclaration of remo&als.# S#$%&'( *. Section 131, Subsection A of the National 2nternal Re&enue %ode of 1997, as amended b Republic Act No. 9334, is hereb further amended as follo!s"

S#$%&'( 131. Payment of 2'cise 3a'es on! )mported #rticles! H #- - #9he pro&ision of an special or ,eneral la! to the contrar not!ithstandin,, the importation of ci,ars and ci,arettes distilled spirits, fermented li+uors and !ines into the /hilippines, e&en if destined for ta- and dut *free shops, shall be sub(ect to all applicable ta-es, duties, char,es, includin, e-cise ta-es due thereon. 9his shall appl to ci,ars and ci,arettes, distilled spirits, fermented li+uors and !ines brou,ht directl into the dul chartered or le,islated freeports of the Subic Special 3conomic and Dreeport Pone, created under Republic Act No. 71170 the %a,a an Special 3conomic Pone and Dreeport, created under Republic Act No. 79110 and the Pamboan,a %it Special 3conomic Pone, created under Republic Act No. 7903, and such other freeports as ma hereafter be established or created b la!" /ro&ided, further, 9hat not!ithstandin, the pro&isions of Republic Act Nos. 9400 and 9693, importations of ci,ars and ci,arettes, distilled spirits, fermented li+uors and !ines made directl b a ,o&ernment*o!ned and operated dut *free shop, li)e the >ut *Dree /hilippines (>D/), shall be e-empted from all applicable duties onl " - - #- - #Articles confiscated shall be destro ed usin, the most en&ironmentall friendl method a&ailable in accordance !ith the rules and re,ulations to be promul,ated b the Secretar of Dinance, upon recommendation of the %ommissioners of %ustoms and 2nternal Re&enue. #- - -.# S#$%&'( +. Section 1==, subsections (.) and (%) of the National 2nternal Re&enue %ode of 1997, as amended b Republic Act No. 9334, is hereb further amended to read as follo!s" #(.) 2ncremental Re&enues from Republic Act No. =140. H Difteen percent (16I) of the incremental re&enue collected from the e-cise ta- on tobacco products under R. A. No. =140 shall be allocated and di&ided amon, the pro&inces producin, burle and nati&e tobacco in accordance !ith the &olume of tobacco leaf production. 9he fund shall be e-clusi&el utili8ed for pro,rams to promote economicall &iable alternati&es for tobacco farmers and !or)ers such as" #(1) /ro,rams that !ill pro&ide inputs, trainin,, and other support for tobacco farmers !ho shift to production of a,ricultural products other than tobacco includin,, but not limited to, hi,h*&alue crops, spices, rice, corn, su,arcane, coconut, li&estoc) and fisheries0 #(1) /ro,rams that !ill pro&ide financial support for tobacco farmers !ho are displaced or !ho cease to produce tobacco0 #(3) %ooperati&e pro,rams to assist tobacco farmers in plantin, alternati&e crops or implementin, other li&elihood pro(ects0 #(4) Gi&elihood pro,rams and pro(ects that !ill promote, enhance, and de&elop the tourism potential of tobacco*,ro!in, pro&inces0

#(6) 2nfrastructure pro(ects such as farm to mar)et roads, schools, hospitals, and rural health facilities0 and #(6) A,ro*industrial pro(ects that !ill enable tobacco farmers to be in&ol&ed in the mana,ement and subse+uent o!nership of pro(ects, such as post*har&est and secondar processin, li)e ci,arette manufacturin, and b *product utili8ation. #9he >epartment of .ud,et and Bana,ement, in consultation !ith the >epartment of A,riculture, shall issue rules and re,ulations ,o&ernin, the allocation and disbursement of this fund, not later than one hundred ei,ht (Q =0) da s from the effecti&it of this Act. #(%) 2ncremental Re&enues from the 3-cise 9a- on Alcohol and 9obacco /roducts. H #After deductin, the allocations under Republic Act Nos. 7171 and =140, ei,ht percent (=0I) of the remainin, balance of the incremental re&enue deri&ed from this Act shall be allocated for the uni&ersal health care under the National @ealth 2nsurance /ro,ram, the attainment of the millennium de&elopment ,oals and health a!areness pro,rams0 and t!ent percent (10I) shall be allocated nation!ide, based on political and district subdi&isions, for medical assistance and health enhancement facilities pro,ram, the annual re+uirements of !hich shall be determined b the >epartment of @ealth (>5@).# S#$%&'( 9. 3ransitory Provision! H A special financial support for displaced !or)ers in the alcohol and tobacco industries shall be allocated and included in the appropriations under the >epartment of Gabor and 3mplo ment (>5G3) to finance unemplo ment alle&iation pro,ram0 and to the 9echnical 3ducation and S)ills >e&elopment Authorit (93S>A) to finance the trainin, and retoolin, pro,rams of displaced !or)ers, to be included in the ?eneral Appropriations Acts for the Discal Rears 1014 to 1017. S#$%&'( 10. #nnual Report! H 9he >epartment of .ud,et and Bana,ement (>.B), the >epartment of A,riculture (>A), the >epartment of @ealth (>5@) and the /hilippine @ealth 2nsurance %orporation (/hil@ealth) shall each submit to the 5&ersi,ht %ommittee, created under Republic Act No. =140, a detailed report on the e-penditure of the amounts earmar)ed in this Section on the first !ee) of Au,ust of e&er ear. 9he reports shall be simultaneousl published in the 5fficial ?a8ette and in the a,encies' !ebsites. S#$%&'( 11. Congressional versight Committee! H 9he composition of the %on,ressional 5&ersi,ht %ommittee, created under Republic Act No. =140, shall include the A,riculture and @ealth %ommittee %hairpersons of the Senate and the @ouse of Representati&es as part of the four (4) members to be appointed from each @ouse. ;pon receipt of the annual reports from the >.B, >A, >5@, >5G3, /hil@ealth and 93S>A, the %ommittee shall re&ie! and ensure the proper implementation of this Act as re,ards the e-penditures of the earmar)ed funds. Startin, the third +uarter of %alendar Rear 1016, the %ommittee is mandated to re&ie! the impact of the ta- rates pro&ided under this Act. S#$%&'( 1!. )mplementing Rules and Regulations! H 9he Secretar of Dinance shall, upon the recommendation of the %ommissioner of 2nternal Re&enue, and in consultation !ith the >epartment of @ealth, promul,ate the necessar rules and re,ulations for the effecti&e implementation of this Act not later than one hundred ei,ht (1=0) da s upon the effecti&it of this Act.

S#$%&'( 13. Separability Clause! H 2f an of the pro&isions of this Act is declared in&alid b a competent court, the remainder of this Act or an pro&ision not affected b such declaration of in&alidit shall remain in force and effect. S#$%&'( 1). Repealing Clause! H All la!s, decrees ordinances, rules and re,ulations, e-ecuti&e or administrati&e orders and such other presidential issuances that are inconsistent !ith an of the pro&isions of this Act are hereb repealed, amended or other!ise modified accordin,l . S#$%&'( 15. 2ffectivity! H 9his Act shall ta)e effect upon its publication in a ne!spaper of ,eneral circulation. Appro&ed,

(S,d.) ,UAN PONCE ENRILE /resident of the Senate

(S,d.) FELICIANO BELMONTE ,R. Spea)er of the @ouse of Representati&es

9his Act !hich is a consolidation of @ouse .ill No. 6717 and Senate .ill No. 3199 !as finall passed b the @ouse of Representati&es and the Senate on >ecember 11, 1011. Appro&ed" >3% 19 1011

(S,d.) EMMA LIRIO-REYES Secretar of Senate

(S,d.) MARILYN B. BARUA-YAP Secretar ?eneral @ouse of Representati&es

-S./.0 BENIGNO S. A1UINO III President of the Philippines REPUBLIC ACT NO. 101*5 AN ACT DEFINING CYBERCRIME, PRO3IDING FOR THE PRE3ENTION, IN3ESTIGATION, SUPPRESSION AND THE IMPOSITION OF PENALTIES THEREFOR AND FOR OTHER PURPOSES .e it enacted b the Senate and @ouse of Representati&es of the /hilippines in %on,ress assembled" CHAPTER I PRELIMINARY PRO3ISIONS S#$%&'( 1. 3itle! S 9his Act shall be )no!n as the "Cybercri e Prevention Act of 2012. S#$%&'( !. 4eclaration of Policy! S 9he State reco,ni8es the &ital role of information and communications industries such as content production, telecommunications, broadcastin, electronic commerce, and data processin,, in the nation's o&erall social and economic de&elopment. 9he State also reco,ni8es the importance of pro&idin, an en&ironment conduci&e to the de&elopment, acceleration, and rational application and e-ploitation of information and communications technolo, (2%9) to attain free, eas , and intelli,ible access to e-chan,e and:or deli&er of information0 and the

need to protect and safe,uard the inte,rit of computer, computer and communications s stems, net!or)s, and databases, and the confidentialit , inte,rit , and a&ailabilit of information and data stored therein, from all forms of misuse, abuse, and ille,al access b ma)in, punishable under the la! such conduct or conducts. 2n this li,ht, the State shall adopt sufficient po!ers to effecti&el pre&ent and combat such offenses b facilitatin, their detection, in&esti,ation, and prosecution at both the domestic and international le&els, and b pro&idin, arran,ements for fast and reliable international cooperation. S#$%&'( 3. 4efinition of 3erms! S Dor purposes of this Act, the follo!in, terms are hereb defined as follo!s" (a) #ccess refers to the instruction, communication !ith, storin, data in, retrie&in, data from, or other!ise ma)in, use of an resources of a computer s stem or communication net!or). (b) #lteration refers to the modification or chan,e, in form or substance, of an e-istin, computer data or pro,ram. (c) Communication refers to the transmission of information throu,h 2%9 media, includin, &oice, &ideo and other forms of data. (d) Computer refers to an electronic, ma,netic, optical, electrochemical, or other data processin, or communications de&ice, or ,roupin, of such de&ices, capable of performin, lo,ical, arithmetic, routin,, or stora,e functions and !hich includes an stora,e facilit or e+uipment or communications facilit or e+uipment directl related to or operatin, in con(unction !ith such de&ice. 2t co&ers an t pe of computer de&ice includin, de&ices !ith data processin, capabilities li)e mobile phones, smart phones, computer net!or)s and other de&ices connected to the internet. (e) Computer data refers to an representation of facts, information, or concepts in a form suitable for processin, in a computer s stem includin, a pro,ram suitable to cause a computer s stem to perform a function and includes electronic documents and:or electronic data messa,es !hether stored in local computer s stems or online. (f) Computer program refers to a set of instructions e-ecuted b the computer to achie&e intended results. (,) Computer system refers to an de&ice or ,roup of interconnected or related de&ices, one or more of !hich, pursuant to a pro,ram, performs automated processin, of data. 2t co&ers an t pe of de&ice !ith data processin, capabilities includin,, but not limited to, computers and mobile phones. 9he de&ice consistin, of hard!are and soft!are ma include input, output and stora,e components !hich ma stand alone or be connected in a net!or) or other similar de&ices. 2t also includes computer data stora,e de&ices or media. (h) <ithout right refers to either" (i) conduct underta)en !ithout or in e-cess of authorit 0 or (ii) conduct not co&ered b established le,al defenses, e-cuses, court orders, (ustifications, or rele&ant principles under the la!. (i) Cyber refers to a computer or a computer net!or), the electronic medium in !hich online communication ta)es place.

(() Critical infrastructure refers to the computer s stems, and:or net!or)s, !hether ph sical or &irtual, and:or the computer pro,rams, computer data and:or traffic data so &ital to this countr that the incapacit or destruction of or interference !ith such s stem and assets !ould ha&e a debilitatin, impact on securit , national or economic securit , national public health and safet , or an combination of those matters. ()) Cybersecurity refers to the collection of tools, policies, ris) mana,ement approaches, actions, trainin,, best practices, assurance and technolo,ies that can be used to protect the c ber en&ironment and or,ani8ation and user's assets. (l) 4atabase refers to a representation of information, )no!led,e, facts, concepts, or instructions !hich are bein, prepared, processed or stored or ha&e been prepared, processed or stored in a formali8ed manner and !hich are intended for use in a computer s stem. (m) )nterception refers to listenin, to, recordin,, monitorin, or sur&eillance of the content of communications, includin, procurin, of the content of data, either directl , throu,h access and use of a computer s stem or indirectl , throu,h the use of electronic ea&esdroppin, or tappin, de&ices, at the same time that the communication is occurrin,. (n) Service provider refers to" (1) An public or pri&ate entit that pro&ides to users of its ser&ice the abilit to communicate b means of a computer s stem0 and (1) An other entit that processes or stores computer data on behalf of such communication ser&ice or users of such ser&ice. (o) Subscriber=s information refers to an information contained in the form of computer data or an other form that is held b a ser&ice pro&ider, relatin, to subscribers of its ser&ices other than traffic or content data and b !hich identit can be established" (1) 9he t pe of communication ser&ice used, the technical pro&isions ta)en thereto and the period of ser&ice0 (1) 9he subscriber's identit , postal or ,eo,raphic address, telephone and other access numbers, an assi,ned net!or) address, billin, and pa ment information, a&ailable on the basis of the ser&ice a,reement or arran,ement0 and (3) An other a&ailable information on the site of the installation of communication e+uipment, a&ailable on the basis of the ser&ice a,reement or arran,ement. (p) 3raffic data or non*content data refers to an computer data other than the content of the communication includin,, but not limited to, the communication's ori,in, destination, route, time, date, si8e, duration, or t pe of underl in, ser&ice. CHAPTER II PUNISHABLE ACTS S#$%&'( ). Cybercrime ffenses! S 9he follo!in, acts constitute the offense of c bercrime punishable under this Act"

(a) 5ffenses a,ainst the confidentialit , inte,rit and a&ailabilit of computer data and s stems" (1) 2lle,al Access. H 9he access to the !hole or an part of a computer s stem !ithout ri,ht. (1) 2lle,al 2nterception. H 9he interception made b technical means !ithout ri,ht of an non*public transmission of computer data to, from, or !ithin a computer s stem includin, electroma,netic emissions from a computer s stem carr in, such computer data. (3) >ata 2nterference. S 9he intentional or rec)less alteration, dama,in,, deletion or deterioration of computer data, electronic document, or electronic data messa,e, !ithout ri,ht, includin, the introduction or transmission of &iruses. (4) S stem 2nterference. S 9he intentional alteration or rec)less hinderin, or interference !ith the functionin, of a computer or computer net!or) b inputtin,, transmittin,, dama,in,, deletin,, deterioratin,, alterin, or suppressin, computer data or pro,ram, electronic document, or electronic data messa,e, !ithout ri,ht or authorit , includin, the introduction or transmission of &iruses. (6) Bisuse of >e&ices. (i) 9he use, production, sale, procurement, importation, distribution, or other!ise ma)in, a&ailable, !ithout ri,ht, of" (aa) A de&ice, includin, a computer pro,ram, desi,ned or adapted primaril for the purpose of committin, an of the offenses under this Act0 or (bb) A computer pass!ord, access code, or similar data b !hich the !hole or an part of a computer s stem is capable of bein, accessed !ith intent that it be used for the purpose of committin, an of the offenses under this Act. (ii) 9he possession of an item referred to in para,raphs 6(i)(aa) or (bb) abo&e !ith intent to use said de&ices for the purpose of committin, an of the offenses under this section. (6) % ber*s+uattin,. H 9he ac+uisition of a domain name o&er the internet in bad faith to profit, mislead, destro reputation, and depri&e others from re,isterin, the same, if such a domain name is" (i) Similar, identical, or confusin,l similar to an e-istin, trademar) re,istered !ith the appropriate ,o&ernment a,enc at the time of the domain name re,istration" (ii) 2dentical or in an !a similar !ith the name of a person other than the re,istrant, in case of a personal name0 and (iii) Ac+uired !ithout ri,ht or !ith intellectual propert interests in it.

(b) %omputer*related 5ffenses" (1) %omputer*related Dor,er . S (i) 9he input, alteration, or deletion of an computer data !ithout ri,ht resultin, in inauthentic data !ith the intent that it be considered or acted upon for le,al purposes as if it !ere authentic, re,ardless !hether or not the data is directl readable and intelli,ible0 or (ii) 9he act of )no!in,l usin, computer data !hich is the product of computer*related for,er as defined herein, for the purpose of perpetuatin, a fraudulent or dishonest desi,n. (1) %omputer*related Draud. S 9he unauthori8ed input, alteration, or deletion of computer data or pro,ram or interference in the functionin, of a computer s stem, causin, dama,e thereb !ith fraudulent intent" Provided, 9hat if no dama,e has et been caused, the penalt imposable shall be one (1) de,ree lo!er. (3) %omputer*related 2dentit 9heft. H 9he intentional ac+uisition, use, misuse, transfer, possession, alteration or deletion of identif in, information belon,in, to another, !hether natural or (uridical, !ithout ri,ht" Provided, 9hat if no dama,e has et been caused, the penalt imposable shall be one (1) de,ree lo!er. (c) %ontent*related 5ffenses" (1) % berse-. S 9he !illful en,a,ement, maintenance, control, or operation, directl or indirectl , of an lasci&ious e-hibition of se-ual or,ans or se-ual acti&it , !ith the aid of a computer s stem, for fa&or or consideration. (1) %hild /orno,raph . S 9he unla!ful or prohibited acts defined and punishable b Republic Act No. 9776 or the Anti*%hild /orno,raph Act of 1009, committed throu,h a computer s stem" /ro&ided, 9hat the penalt to be imposed shall be (1) one de,ree hi,her than that pro&ided for in Republic Act No. 9776.
./0phi.

(3) ;nsolicited %ommercial %ommunications. S 9he transmission of commercial electronic communication !ith the use of computer s stem !hich see) to ad&ertise, sell, or offer for sale products and ser&ices are prohibited unless" (i) 9here is prior affirmati&e consent from the recipient0 or (ii) 9he primar intent of the communication is for ser&ice and:or administrati&e announcements from the sender to its e-istin, users, subscribers or customers0 or (iii) 9he follo!in, conditions are present" (aa) 9he commercial electronic communication contains a simple, &alid, and reliable !a for the recipient to re(ect. receipt of further commercial electronic messa,es (opt*out) from the same source0

(bb) 9he commercial electronic communication does not purposel dis,uise the source of the electronic messa,e0 and (cc) 9he commercial electronic communication does not purposel include misleadin, information in an part of the messa,e in order to induce the recipients to read the messa,e. (4) Gibel. S 9he unla!ful or prohibited acts of libel as defined in Article 366 of the Re&ised /enal %ode, as amended, committed throu,h a computer s stem or an other similar means !hich ma be de&ised in the future. S#$%&'( 5. ther ffenses! S 9he follo!in, acts shall also constitute an offense"

(a) Aidin, or Abettin, in the %ommission of % bercrime. H An person !ho !illfull abets or aids in the commission of an of the offenses enumerated in this Act shall be held liable. (b) Attempt in the %ommission of % bercrime. S An person !ho !illfull attempts to commit an of the offenses enumerated in this Act shall be held liable. S#$%&'( 6. All crimes defined and penali8ed b the Re&ised /enal %ode, as amended, and special la!s, if committed b , throu,h and !ith the use of information and communications technolo,ies shall be co&ered b the rele&ant pro&isions of this Act" Provided, 9hat the penalt to be imposed shall be one (1) de,ree hi,her than that pro&ided for b the Re&ised /enal %ode, as amended, and special la!s, as the case ma be. S#$%&'( *. Liability under ther La0s! S A prosecution under this Act shall be !ithout pre(udice to an liabilit for &iolation of an pro&ision of the Re&ised /enal %ode, as amended, or special la!s. CHAPTER III PENALTIES S#$%&'( +. Penalties! S An person found ,uilt of an of the punishable acts enumerated in Sections 4(a) and 4(b) of this Act shall be punished !ith imprisonment of prision mayor or a fine of at least 9!o hundred thousand pesos (/h/100,000.00) up to a ma-imum amount commensurate to the dama,e incurred or both. An person found ,uilt of the punishable act under Section 4(a)(6) shall be punished !ith imprisonment of prision ma or or a fine of not more than Di&e hundred thousand pesos (/h/600,000.00) or both. 2f punishable acts in Section 4(a) are committed a,ainst critical infrastructure, the penalt of reclusion temporal or a fine of at least Di&e hundred thousand pesos (/h/600,000.00) up to ma-imum amount commensurate to the dama,e incurred or both, shall be imposed. An person found ,uilt of an of the punishable acts enumerated in Section 4(c)(1) of this Act shall be punished !ith imprisonment of prision mayor or a fine of at least 9!o hundred thousand pesos (/h/100,000.00) but not e-ceedin, 5ne million pesos (/h/l,000,000.00) or both. An person found ,uilt of an of the punishable acts enumerated in Section 4(c)(1) of this Act shall be punished !ith the penalties as enumerated in Republic Act No. 9776 or the #Anti*%hild

/orno,raph Act of 1009J" Provided,9hat the penalt to be imposed shall be one (1) de,ree hi,her than that pro&ided for in Republic Act No. 9776, if committed throu,h a computer s stem. An person found ,uilt of an of the punishable acts enumerated in Section 4(c)(3) shall be punished !ith imprisonment of arresto mayor or a fine of at least Dift thousand pesos (/h/60,000.00) but not e-ceedin, 9!o hundred fift thousand pesos (/h/160,000.00) or both. An person found ,uilt of an of the punishable acts enumerated in Section 6 shall be punished !ith imprisonment one (1) de,ree lo!er than that of the prescribed penalt for the offense or a fine of at least 5ne hundred thousand pesos (/h/l00,000.00) but not e-ceedin, Di&e hundred thousand pesos (/h/600,000.00) or both. S#$%&'( 9. Corporate Liability! S Fhen an of the punishable acts herein defined are )no!in,l committed on behalf of or for the benefit of a (uridical person, b a natural person actin, either indi&iduall or as part of an or,an of the (uridical person, !ho has a leadin, position !ithin, based on" (a) a po!er of representation of the (uridical person pro&ided the act committed falls !ithin the scope of such authorit 0 (b) an authorit to ta)e decisions on behalf of the (uridical person" Provided, 9hat the act committed falls !ithin the scope of such authorit 0 or (c) an authorit to e-ercise control !ithin the (uridical person, the (uridical person shall be held liable for a fine e+ui&alent to at least double the fines imposable in Section 7 up to a ma-imum of 9en million pesos (/h/10,000,000.00). 2f the commission of an of the punishable acts herein defined !as made possible due to the lac) of super&ision or control b a natural person referred to and described in the precedin, para,raph, for the benefit of that (uridical person b a natural person actin, under its authorit , the (uridical person shall be held liable for a fine e+ui&alent to at least double the fines imposable in Section 7 up to a ma-imum of Di&e million pesos (/h/6,000,000.00). 9he liabilit imposed on the (uridical person shall be !ithout pre(udice to the criminal liabilit of the natural person !ho has committed the offense. CHAPTER I3 ENFORCEMENT AND IMPLEMENTATION S#$%&'( 10. La0 2nforcement #uthorities! S 9he National .ureau of 2n&esti,ation (N.2) and the /hilippine National /olice (/N/) shall be responsible for the efficient and effecti&e la! enforcement of the pro&isions of this Act. 9he N.2 and the /N/ shall or,ani8e a c bercrime unit or center manned b special in&esti,ators to e-clusi&el handle cases in&ol&in, &iolations of this Act. S#$%&'( 11. 4uties of La0 2nforcement #uthorities! S 9o ensure that the technical nature of c bercrime and its pre&ention is ,i&en focus and considerin, the procedures in&ol&ed for international cooperation, la! enforcement authorities specificall the computer or technolo, crime di&isions or units responsible for the in&esti,ation of c bercrimes are re+uired to submit timel and re,ular reports includin, pre*operation, post*operation and in&esti,ation results and such other documents as ma be re+uired to the >epartment of Austice (>5A) for re&ie! and monitorin,. S#$%&'( 1!. Real$3ime Collection of 3raffic 4ata! S Ga! enforcement authorities, !ith due cause, shall be authori8ed to collect or record b technical or electronic means traffic data in real*time associated !ith specified communications transmitted b means of a computer s stem.

9raffic data refer onl to the communication's ori,in, destination, route, time, date, si8e, duration, or t pe of underl in, ser&ice, but not content, nor identities. All other data to be collected or sei8ed or disclosed !ill re+uire a court !arrant. Ser&ice pro&iders are re+uired to cooperate and assist la! enforcement authorities in the collection or recordin, of the abo&e*stated information. 9he court !arrant re+uired under this section shall onl be issued or ,ranted upon !ritten application and the e-amination under oath or affirmation of the applicant and the !itnesses he ma produce and the sho!in," (1) that there are reasonable ,rounds to belie&e that an of the crimes enumerated hereinabo&e has been committed, or is bein, committed, or is about to be committed" (1) that there are reasonable ,rounds to belie&e that e&idence that !ill be obtained is essential to the con&iction of an person for, or to the solution of, or to the pre&ention of, an such crimes0 and (3) that there are no other means readil a&ailable for obtainin, such e&idence. S#$%&'( 13. Preservation of Computer 4ata! S 9he inte,rit of traffic data and subscriber information relatin, to communication ser&ices pro&ided b a ser&ice pro&ider shall be preser&ed for a minimum period of si- (6) months from the date of the transaction. %ontent data shall be similarl preser&ed for si- (6) months from the date of receipt of the order from la! enforcement authorities re+uirin, its preser&ation. Ga! enforcement authorities ma order a one*time e-tension for another si- (6) months" Provided, 9hat once computer data preser&ed, transmitted or stored b a ser&ice pro&ider is used as e&idence in a case, the mere furnishin, to such ser&ice pro&ider of the transmittal document to the 5ffice of the /rosecutor shall be deemed a notification to preser&e the computer data until the termination of the case. 9he ser&ice pro&ider ordered to preser&e computer data shall )eep confidential the order and its compliance. S#$%&'( 1). 4isclosure of Computer 4ata! S Ga! enforcement authorities, upon securin, a court !arrant, shall issue an order re+uirin, an person or ser&ice pro&ider to disclose or submit subscriber's information, traffic data or rele&ant data in his:its possession or control !ithin se&ent * t!o (71) hours from receipt of the order in relation to a &alid complaint officiall doc)eted and assi,ned for in&esti,ation and the disclosure is necessar and rele&ant for the purpose of in&esti,ation. S#$%&'( 15. Search, Sei-ure and 2'amination of Computer 4ata! S Fhere a search and sei8ure !arrant is properl issued, the la! enforcement authorities shall li)e!ise ha&e the follo!in, po!ers and duties. Fithin the time period specified in the !arrant, to conduct interception, as defined in this Act, and" (a) 9o secure a computer s stem or a computer data stora,e medium0 (b) 9o ma)e and retain a cop of those computer data secured0 (c) 9o maintain the inte,rit of the rele&ant stored computer data0 (d) 9o conduct forensic anal sis or e-amination of the computer data stora,e medium0 and

(e) 9o render inaccessible or remo&e those computer data in the accessed computer or computer and communications net!or). /ursuant thereof, the la! enforcement authorities ma order an person !ho has )no!led,e about the functionin, of the computer s stem and the measures to protect and preser&e the computer data therein to pro&ide, as is reasonable, the necessar information, to enable the underta)in, of the search, sei8ure and e-amination. Ga! enforcement authorities ma re+uest for an e-tension of time to complete the e-amination of the computer data stora,e medium and to ma)e a return thereon but in no case for a period lon,er than thirt (30) da s from date of appro&al b the court. S#$%&'( 16. Custody of Computer 4ata! S All computer data, includin, content and traffic data, e-amined under a proper !arrant shall, !ithin fort *ei,ht (4=) hours after the e-piration of the period fi-ed therein, be deposited !ith the court in a sealed pac)a,e, and shall be accompanied b an affida&it of the la! enforcement authorit e-ecutin, it statin, the dates and times co&ered b the e-amination, and the la! enforcement authorit !ho ma access the deposit, amon, other rele&ant data. 9he la! enforcement authorit shall also certif that no duplicates or copies of the !hole or an part thereof ha&e been made, or if made, that all such duplicates or copies are included in the pac)a,e deposited !ith the court. 9he pac)a,e so deposited shall not be opened, or the recordin,s repla ed, or used in e&idence, or then contents re&ealed, e-cept upon order of the court, !hich shall not be ,ranted e-cept upon motion, !ith due notice and opportunit to be heard to the person or persons !hose con&ersation or communications ha&e been recorded. S#$%&'( 1*. 4estruction of Computer 4ata! S ;pon e-piration of the periods as pro&ided in Sections 13 and 16, ser&ice pro&iders and la! enforcement authorities, as the case ma be, shall immediatel and completel destro the computer data sub(ect of a preser&ation and e-amination. S#$%&'( 1+. 2'clusionary Rule! S An e&idence procured !ithout a &alid !arrant or be ond the authorit of the same shall be inadmissible for an proceedin, before an court or tribunal. S#$%&'( 19. Restricting or Bloc5ing #ccess to Computer 4ata! S Fhen a computer data is prima facie found to be in &iolation of the pro&isions of this Act, the >5A shall issue an order to restrict or bloc) access to such computer data. S#$%&'( !0. 1oncompliance! S Dailure to compl !ith the pro&isions of %hapter 2E hereof specificall the orders from la! enforcement authorities shall be punished as a &iolation of /residential >ecree No. 1=19 !ith imprisonment of prision correctional in its ma-imum period or a fine of 5ne hundred thousand pesos (/hp100,000.00) or both, for each and e&er noncompliance !ith an order issued b la! enforcement authorities. CHAPTER 3 ,URISDICTION S#$%&'( !1. :urisdiction! S 9he Re,ional 9rial %ourt shall ha&e (urisdiction o&er an &iolation of the pro&isions of this Act. includin, an &iolation committed b a Dilipino national re,ardless of the place of commission. Aurisdiction shall lie if an of the elements !as committed !ithin the /hilippines or committed !ith the use of an computer s stem !holl or partl situated in the countr , or !hen b such commission an dama,e is caused to a natural or (uridical person !ho, at the time the offense !as committed, !as in the /hilippines.

9here shall be desi,nated special c bercrime courts manned b speciall trained (ud,es to handle c bercrime cases. CHAPTER 3I INTERNATIONAL COOPERATION S#$%&'( !!. ;eneral Principles Relating to )nternational Cooperation! S All rele&ant international instruments on international cooperation in criminal matters, arran,ements a,reed on the basis of uniform or reciprocal le,islation, and domestic la!s, to the !idest e-tent possible for the purposes of in&esti,ations or proceedin,s concernin, criminal offenses related to computer s stems and data, or for the collection of e&idence in electronic form of a criminal, offense shall be ,i&en full force and effect. CHAPTER 3II COMPETENT AUTHORITIES S#$%&'( !3. 4epartment of :ustice %4 :&! S 9here is hereb created an 5ffice of % bercrime !ithin the >5A desi,nated as the central authorit in all matters related to international mutual assistance and e-tradition. S#$%&'( !). Cybercrime )nvestigation and Coordinating Center! S 9here is hereb created, !ithin thirt (30) da s from the effecti&it of this Act, an inter*a,enc bod to be )no!n as the % bercrime 2n&esti,ation and %oordinatin, %enter (%2%%), under the administrati&e super&ision of the 5ffice of the /resident, for polic coordination amon, concerned a,encies and for the formulation and enforcement of the national c bersecurit plan. S#$%&'( !5. Composition! S 9he %2%% shall be headed b the 3-ecuti&e >irector of the 2nformation and %ommunications 9echnolo, 5ffice under the >epartment of Science and 9echnolo, (2%95* >5S9) as %hairperson !ith the >irector of the N.2 as Eice %hairperson0 the %hief of the /N/0 @ead of the >5A 5ffice of % bercrime0 and one (1) representati&e from the pri&ate sector and academe, as members. 9he %2%% shall be manned b a secretariat of selected e-istin, personnel and representati&es from the different participatin, a,encies.
./0phi.

S#$%&'( !6. Po0ers and ,unctions! S 9he %2%% shall ha&e the follo!in, po!ers and functions" (a) 9o formulate a national c bersecurit plan and e-tend immediate assistance for the suppression of real*time commission of c bercrime offenses throu,h a computer emer,enc response team (%3R9)0 (b) 9o coordinate the preparation of appropriate and effecti&e measures to pre&ent and suppress c bercrime acti&ities as pro&ided for in this Act0 (c) 9o monitor c bercrime cases bein, bandied b participatin, la! enforcement and prosecution a,encies0 (d) 9o facilitate international cooperation on intelli,ence, in&esti,ations, trainin, and capacit buildin, related to c bercrime pre&ention, suppression and prosecution0 (e) 9o coordinate the support and participation of the business sector, local ,o&ernment units and non,o&ernment or,ani8ations in c bercrime pre&ention pro,rams and other related pro(ects0

(f) 9o recommend the enactment of appropriate la!s, issuances, measures and policies0 (,) 9o call upon an ,o&ernment a,enc to render assistance in the accomplishment of the %2%%'s mandated tas)s and functions0 and (h) 9o perform all other matters related to c bercrime pre&ention and suppression, includin, capacit buildin, and such other functions and duties as ma be necessar for the proper implementation of this Act. CHAPTER 3III FINAL PRO3ISIONS S#$%&'( !*. #ppropriations! S 9he amount of Dift million pesos (/h/60,000,000T00) shall be appropriated annuall for the implementation of this Act. S#$%&'( !+. )mplementing Rules and Regulations! S 9he 2%95*>5S9, the >5A and the >epartment of the 2nterior and Gocal ?o&ernment (>2G?) shall (ointl formulate the necessar rules and re,ulations !ithin ninet (90) da s from appro&al of this Act, for its effecti&e implementation. S#$%&'( !9. Separability Clause S 2f an pro&ision of this Act is held in&alid, the other pro&isions not affected shall remain in full force and effect. S#$%&'( 30. Repealing Clause! S All la!s, decrees or rules inconsistent !ith this Act are hereb repealed or modified accordin,l . Section 33(a) of Republic Act No. =791 or the #3lectronic %ommerce Act# is hereb modified accordin,l . S#$%&'( 31. 2ffectivity! S 9his Act shall ta)e effect fifteen (16) da s after the completion of its publication in the 5fficial ?a8ette or in at least t!o (1) ne!spapers of ,eneral circulation. Appro&ed, (S,d.) FELICIANO BELMONTE ,R. Spea)er of the @ouse of Representati&es (S,d.) ,UAN PONCE ENRILE /resident of the Senate

9his Act !hich is a consolidation of Senate .ill No. 1796 and @ouse .ill No. 6=0= !as finall passed b the Senate and the @ouse of Representati&es on Aune 6, 1011 and Aune 4, 1011, respecti&el .

(S,d.) MARILYN B. BARUA-YAP Secretar ?eneral @ouse of Representati&es Appro&ed" S3/ 11 1011

(S,d.) EMMA LIRIO-REYES Secretar of Senate

-S./.0 BENIGNO S. A1UINO III President of the Philippines RESOLUTION NO. 39

RESOLUTION ADOPTING THE RULES OF PROCEDURE ON IMPEACHMENT TRIALS Resolved by the Senate, 3o adopt, as it hereby adopts, the follo0ing: RULES OF PROCEDURE ON IMPEACHMENT TRIALS 2. Fhen the Senate recei&es articles of impeachment pursuant to Article U2, Sections 1 and 3 of the %onstitution, the /resident of the Senate shall inform the @ouse of Representati&es that the Senate shall ta)e proper order on the sub(ect of impeachment and shall be read to recei&e the prosecutors on such time and date as the Senate ma specif . 22. Fhen the /resident of the /hilippines is on trial, the %hief Austice of the Supreme %ourt shall preside but shall not &ote. Notice shall be ,i&en to him b the /resident of the Senate of the time and place fi-ed for the consideration of the articles of impeachment, !ith a re+uest to attend. 9he %hief Austice shall be administered the oath or affirmation, prescribed under these Rules, b the /resident of the Senate and shall preside o&er the Senate durin, the consideration of said articles and upon the trial of the person impeached. 9he /resident of the Senate shall preside in all other cases of impeachment and, for that purpose, placed under the prescribed oath or affirmation b an person authori8ed b la! to administer an oath. 222. .efore proceedin, to the consideration of the articles of impeachment, the /residin, 5fficer shall administer the prescribed oath or affirmation to the Bembers of the Senate then present and to the other Bembers of the Senate as the shall appear, !hose dut it shall be to ta)e the same. ;pon presentation of the articles to the Senate, the Senate shall specif the date and time for the consideration of such articles. ;nless the Senate pro&ides other!ise, it shall continue in session from da to da (e-cept Saturda s, Sunda s, and non!or)in, holida s) until final (ud,ment shall be rendered, and so much lon,er as ma , in its (ud,ment, be necessar . Senators shall obser&e political neutralit durin, the course of the impeachment trial. #/olitical neutralit # shall be defined as e-ercise of public officialVs dut !ithout unfair discrimination and re,ardless of part affiliation or preference. 2E. 9he /residin, 5fficer shall ha&e the po!er to ma)e and issue, b himself or b the Secretar of the Senate, all orders, mandates, and !rits authori8ed b these Rules or b the Senate, and to ma)e and enforce such other re,ulations and orders in the premises as the Senate ma authori8e or pro&ide. E. 9he Senate shall ha&e po!er to compel the attendance of !itnesses, to enforce obedience to its orders, mandates, !rits, and (ud,ments, to preser&e order, and to punish in a summar !a contempts of, and disobedience to, its authorit , orders, mandates, !rits, or (ud,ments, and to ma)e all la!ful orders, rules, and re,ulations !hich it ma deem essential or conduci&e to the ends of (ustice. And the Ser,eant*at*Arms of the Senate, under the direction of the /resident of the Senate, ma emplo such aid and assistance as ma be necessar to enforce, e-ecute, and carr into effect the la!ful orders, mandates, and !rits of the Senate. E2. 9he /resident of the Senate or the %hief Austice !hen presidin, on the trial ma rule on all +uestions of e&idence includin,, but not limited to, +uestions of materialit , rele&anc , competenc or admissibilit of e&idence and incidental +uestions, !hich rulin, shall stand as the (ud,ment of the

Senate, unless a Bember of the Senate shall as) that a formal &ote be ta)en thereon, in !hich case it shall be submitted to the Senate for decision after one contrar &ie! is e-pressed0 or the /residin, 5fficer ma at his:her option, in the first instance, submit an such +uestion to a &ote of the Bembers of the Senate. 9he motion for a &ote and the contrar opinion shall not ta)e more than t!o (1) minutes each, !ith a one minute rebuttal allo!ed for the proponent of the motion. 9he pro&isions of the Rules of the Senate and the re&ised Rules of %ourt shall appl suppletoril !hene&er applicable. E22. ;pon the presentation of articles of impeachment and the or,ani8ation of the Senate as hereinbefore pro&ided, a !rit of summons shall be issued to the person impeached, recitin, or incorporatin, said articles, and notif in, him:her to appear before the Senate upon a da and at a place to be fi-ed b the Senate and named in such !rit, and to file his:her Ans!er to said articles of impeachment !ithin a non*e-tendible period of ten (10) da s from receipt thereof0 to !hich the prosecutors ma Repl !ithin a non*e-tendible period of fi&e (6) da s therefrom0 and to stand to and abide b the orders and (ud,ments of the Senate. Such !rit shall be ser&ed b such officer or person named in the order thereof, not later than three(3) da s prior to the da fi-ed for such appearance of the person impeached, either b the deli&er of an attested cop thereof to the person impeached, or if personal ser&ice cannot be done, ser&ice of the !rit ma be made b lea&in, a cop !ith a person of sufficient a,e and discretion at his:her last )no!n address or at his:her office or place of business0 and if the ser&ice of such !rit shall fail the proceedin,s shall not thereb abate, but further ser&ice ma be made in such manner as the Senate shall direct. 2f the person impeached, after ser&ice, shall fail to appear, either in person or b counsel, on the da so fi-ed or, appearin,, shall fail to file his ans!er to such articles of impeachment, the trial shall proceed ne&ertheless as upon a plea of not ,uilt . 2f a plea of ,uilt shall be entered, (ud,ment ma be entered thereon !ithout further proceedin,s. E222. At the date and time desi,nated b the Senate for the return of the summons a,ainst the person impeached, the Secretar of the Senate shall administer the follo!in, oath or affirmation to the returnin, officer" #2, TTTTTTTTTTTTTTTTTT, do solemnl s!ear (or affirm) that the return made b me upon the process issued on the TTTTTTT da of TTTTTTTTTTTTTT, b the Senate of the /hilippines, a,ainst TTTTTTTT TTTTTTTTTT !as trul made, and that 2 ha&e performed such ser&ice as therein described" (So help me ?od).# Fhich oath or affirmation shall be entered at lar,e on the records. 2U. 9he person impeached shall then be called to appear and ans!er the articles of impeachment a,ainst him:her. 2f he:she appears, or an person for him:her, the appearance shall be recorded, statin, particularl if b himself:herself, or b a,ent or counsel, namin, the person appearin, and the capacit in !hich he:she appears. 2f he:she does not appear, either personall or b a,ent or counsel, the same shall be recorded. U. At 1 oVcloc) in the afternoon, or at such other hour as the Senate ma order, of the da appointed for the trial of an impeachment, the le,islati&e business of the Senate, if there be an , shall be suspended, and the Secretar of the Senate shall ,i&e notice to the @ouse of Representati&es that the Senate is read to proceed upon the impeachment trial of TTTTTTTT TTTTTTTTT, in the Senate %hamber. U2. ;nless other!ise fi-ed b the Senate, the hour of the da at !hich the Senate shall sit upon the trial of an impeachment shall be 1 oVcloc) in the afternoon0 and !hen the hour shall arri&e, the /residin, 5fficer upon such trial shall cause proclamation to be made, and the business of the trial

shall proceed. 9he ad(ournment of the Senate sittin, in said trial shall not operate as an ad(ournment of the Senate as a le,islati&e bod . U22. 9he Secretar of the Senate shall record the proceedin,s in cases of impeachment as in the case of le,islati&e proceedin,s, and the same shall be reported in the same manner as the le,islati&e proceedin,s of the Senate. U222. %ounsel for the parties shall be admitted to appear and be heard upon an impeachment" /ro&ided, 9hat counsel for the prosecutors shall be under the control and super&ision of the panel of prosecutors of the @ouse of Representati&es. U2E. All motions, ob(ections, re+uests, or applications !hether relatin, to the procedure of the Senate or relatin, immediatel to the trial (includin, +uestions !ith respect to admission of e&idence or other +uestions arisin, durin, the trial) made b the parties or their counsel shall be addressed to the /residin, 5fficer onl , and if he, or an Senator, shall re+uire it, the shall be committed to !ritin,, and read at the Secretar Vs table. UE. Fitnesses shall be e-amined b one person on behalf of the part producin, them, and then cross*e-amined b one person on the other side. UE2. 2f a Senator is called as a !itness, he:she shall be s!orn, and ,i&e his:her testimon standin, in his:her place. UE22. 2f a Senator !ishes to put a +uestion to a !itness, he:she shall do so !ithin t!o (1) minutes. A Senator ma li)e!ise put a +uestion to a prosecutor or counsel. @e:she ma also offer a motion or order, in !ritin,, !hich shall be submitted to the /residin, 5fficer. UE222. At all times !hile the Senate is sittin, upon the trial of an impeachment the doors of the Senate shall be open to the public. Silence shall be obser&ed b the &isitors at all times, on pain of e&iction from the trial &enue. 9he /residin, 5fficer and the Bembers of the Senate shall refrain from ma)in, an comments and disclosures in public pertainin, to the merits of a pendin, impeachment trial. 9he same shall li)e!ise appl to the prosecutors, to the person impeached, and to their respecti&e counsel and !itnesses. U2U. All preliminar or interlocutor +uestions, and all motions, shall be ar,ued for not e-ceedin, one hour on each side, unless the Senate other!ise orders. UU. 9he case, on each side, shall be opened b one person. 9he final ar,ument on the merits ma be made b t!o (1) persons on each side (unless other!ise ordered b the Senate upon application for that purpose), and the ar,ument shall be opened and closed on the part of the @ouse of Representati&es. UU2. 9he trial of all the articles of impeachment shall be completed before the Senators &ote on the final +uestion on !hether or not the impeachment is sustained. 5n the final +uestion !hether the impeachment is sustained, the &ote shall be ta)en on each article of impeachment separatel 0 and if the impeachment shall not, upon an of the articles presented, be sustained b the &otes of t!o* thirds of all the Bembers, a (ud,ment of ac+uittal shall be entered0 but if the person impeached in such articles of impeachment shall be con&icted upon an of said articles b the &otes of t!o*thirds of all the Bembers,

the Senate shall proceed to pronounce (ud,ment of con&iction, and a certified cop of such (ud,ment shall be deposited in the 5ffice of the Secretar of the Senate. A motion to reconsider the &ote b !hich an article of impeachment is sustained or re(ected shall not be in order. Dorm of puttin, the +uestion on each article of impeachment. 9he /residin, 5fficer shall first state the +uestion. 9hereafter, each Senator, as his:her name is called, shall rise in his:her place and ans!er" ,uilt or not ,uilt . 9he &ote of the /resident of the Senate on each article of impeachment, !hen actin, as the presidin, officer, shall be last ta)en after all the Senators ha&e stated their &otes. 2f he:she so !ishes, a Senator ma e-plain his:her &ote for not more than t!o (1) minutes. UU22. All the orders and decisions ma be acted upon !ithout ob(ection, or, if ob(ection is heard, the orders and decisions shall be &oted on !ithout debate b eas and na s, !hich shall be entered on the record, sub(ect, ho!e&er, to the operation of Rule E2, and in that case no Bember shall spea) more than once on one +uestion, and for not more than ten (10) minutes on an interlocutor +uestion, and for not more than fifteen (16) minutes on the final +uestion, unless b consent of the Senate, to be had !ithout debate0 but a motion to ad(ourn ma be decided !ithout the eas and na s, unless the be demanded b one*fifth of the Bembers present. 9he fifteen minutes herein allo!ed shall be for the !hole deliberation on the final +uestion, and not on the final +uestion on each article of impeachment. UU222. Fitnesses shall be s!orn in the follo!in, form" #Rou TTTTTTTTTTTTTTT, do s!ear (or affirm, as the case ma be) that the e&idence ou shall ,i&e in the case no! pendin, bet!een the /hilippines and TTTTTTTT TTTTTTTTT, shall be the truth, the !hole truth, and nothin, but the truth" (so help ou ?od).# Fhich oath or affirmation shall be administered b the Secretar of the Senate, or an other dul authori8ed person. Dorm of a subpoena to be issued on the application of the prosecutors of the impeachment, or of the part impeached, or of his:her counsel. 9o TTTTTTTT TTTTTTTTTT, ?reetin,s" Rou are hereb commanded to appear before the Senate of the /hilippines, on the TTTTTT da of TTTTTTTTTTT, at the Senate %hamber in TTTTTTTTTTTTTTTTTTTT, then and there to testif our )no!led,e in the case !hich is before the Senate in !hich the @ouse of Representati&es has impeached TTTTTTTTTTT, and to brin, !ith ou the follo!in, TTTTTTTTTTT, it bein, necessar to use the same as testimon . Dail not. Fitness TTTTTTT TTTTTTTT, and /residin, 5fficer of the said Senate at TTTTTTTTTTTTT, /hilippines, this TTT da of TTTTTTT, in the ear of our Gord TTTTTTTTTTTTTTTTTTT. /residin, 5fficer of the Senate

,orm of direction for the service of said subpoena! 9he Senate of the /hilippines ) 9o TTTTTTTT TTTTTTTTTT, ?reetin,s" Rou are hereb commanded to ser&e and return the !ithin subpoena accordin, to la!. >ated at TTTTTTTTTTT, this TTTTTT da of TTTTTT, in the ear of our Gord TTTTTTTTTTTTTT. Secretar of the Senate Dorm of oath to be administered to the Bembers of the Senate and the /residin, 5fficer sittin, in the trial of impeachments. #2 solemnl s!ear (or affirm, as the case ma be) that in all thin,s appertainin, to the trial of the impeachment of TTTTTT TTTTTT, no! pendin,, 2 !ill do impartial (ustice accordin, to the %onstitution and la!s of the /hilippines" (So help me ?od).# ,orm of summons to be issued and served upon the person impeached! R3/;.G2% 5D 9@3 /@2G2//2N3S ) S.S. 9he Senate of the /hilippines ) 9o TTTTTTTT TTTTTTTTTT, ?reetin,s" Fhereas the @ouse of Representati&es of the /hilippines did, on the TTTT da of TTTTTTTT, present to the Senate articles of impeachment a,ainst ou, the said TTTTTT TTTTTT, in the !ords follo!in," >Here insert the articles? And demand that ou, the said TTTTTTTT TTTTTTTT, should be put to ans!er the accusations as set forth in said articles, and that such proceedin,s, e-aminations, trials, and (ud,ments mi,ht be thereupon had as are a,reeable to la! and (ustice. Rou, the said TTTTTTTT TTTTTTTT, are therefore hereb summoned to be and appear before the Senate of the /hilippines, at their %hamber in TTTTTTTTTTTTTTT, on the TTTT da of TTTTTTTTTTTTTTTTTT, at TTTT oVcloc) TTTT, then and there to ans!er to the said articles of impeachment, and then and there to abide b , obe , and perform such orders, directions, and (ud,ments as the Senate of the /hilippines shall ma)e in the premises accordin, to the %onstitution and la!s of the /hilippines. @ereof ou are not to fail. Fitness TTTTTTT TTTTTTTT, and /residin, 5fficer of the said Senate at TTTTTTTTTTTTTT, /hilippines, this TTT da of TTTTTTT, in the ear of our Gord TTTTTTTTTTTTTTTTTT. /residin, 5fficer of the Senate

,orm of

rder to be indorsed on said 0rit of summons!

R3/;.G2% 5D 9@3 /@2G2//2N3S ) S.S. 9he Senate of the /hilippines ) 9o TTTTTTTT TTTTTTTTTT, ?reetin,s" Rou are hereb commanded to deli&er to and lea&e !ith TTTTTTTT TTTTTTTTTT, if con&enientl to be found, or if not, to lea&e at his usual place of abode, or at his usual place of business in some conspicuous place, a true and attested cop of the !ithin !rit of summons, to,ether !ith a li)e cop of this order0 and in !hichsoe&er !a ou perform the ser&ice, let it be done at least TTTT da s before the appearance da mentioned in the said !rit of summons. Dail not, and ma)e return of this !rit of summons and order, !ith our proceedin,s thereon endorsed, on or before the appearance da mentioned in the said !rit of summons. Fitness TTTTTTT TTTTTTTT, and /residin, 5fficer of the said Senate at TTTTTTTTTTTTTT, this TTT da of TTTTTTT, in the ear of our Gord TTTTTTTTTTTTTTTTTT. /residin, 5fficer of the Senate All process shall be ser&ed b the Ser,eant*at*Arms of the Senate, unless other!ise ordered b the Senate. UU2E. 2f the Senate shall, at an time, fail to sit for the consideration of articles of impeachment on the da or hour fi-ed therefor, the Senate ma , b an order to be adopted !ithout debate, fi- a da and hour for resumin, such consideration. UUE. 9hese Rules shall ta)e effect immediatel upon publication in t!o (1) ne!spapers of ,eneral circulation and shall remain in force until amended or repealed. A cop of these Rules shall be posted on the official !ebsite of the Senate of the /hilippines. Adopted, ,UAN PONCE ENRILE /resident of the Senate 9his Resolution !as adopted b the Senate on Barch 13, 1011. EMMA LIRIO-REYES Secretar of the Senate