Republic Act No.

9344
AN ACT ESTABLISHING A COMPREHENSIVE JUVENILE JUSTICE
AND WELFARE SYSTEM, CREATING THE JUVENILE JUSTICE AND
WELFARE COUNCIL UNDER THE DEPARTMENT OF JUSTICE,
APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES
I.

DEFINITION OF TERMS

The following terms as used in this Act shall be defined as follows:

1. Bail
- refers to the security given for the release of the person in custody of the law,
furnished by him/her or a bondsman, to guarantee his/her appearance before
any court. Bail may be given in the form of corporate security, property bond,
cash deposit, or recognizance.
2. Best Interest of the Child
- refers to the totality of the circumstances and conditions which are most
congenial to the survival, protection and feelings of security of the child and
most encouraging to the child's physical, psychological and emotional
development. It also means the least detrimental available alternative for
safeguarding the growth and development of the child.
3. Child
- refers to a person under the age of eighteen (18) years.
4. Child at Risk
- refers to a child who is vulnerable to and at the risk of committing criminal
offenses because of personal, family and social circumstances, such as, but
not limited to, the following:
a. being abused by any person through sexual, physical, psychological,
mental, economic or any other means and the parents or guardian refuse,
are unwilling, or unable to provide protection for the child;
b. being exploited including sexually or economically;

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c. being abandoned or neglected, and after diligent search and inquiry, the
parent or guardian cannot be found;
d. coming from a dysfunctional or broken family or without a parent or
guardian;
e. being out of school;
f. being a streetchild;
g. being a member of a gang;
h. living in a community with a high level of criminality or drug abuse; and
i. living in situations of armed conflict.
5. Child in Conflict with the Law
- refers to a child who is alleged as, accused of, or adjudged as, having
committed an offense under Philippine laws.
6. Community-based Programs
- refers to the programs provided in a community setting developed for
purposes of intervention and diversion, as well as rehabilitation of the child in
conflict with the law, for reintegration into his/her family and/or community.
7. Court
- refers to a family court or, in places where there are no family courts, any
regional trial court.
8. Deprivation of Liberty
- refers to any form of detention or imprisonment, or to the placement of a child
in conflict with the law in a public or private custodial setting, from which the
child in conflict with the law is not permitted to leave at will by order of any
judicial or administrative authority.
9. Diversion
- refers to an alternative, child-appropriate process of determining the
responsibility and treatment of a child in conflict with the law on the basis of
his/her social, cultural, economic, psychological or educational background
without resorting to formal court proceedings.
10. Diversion Program
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refers to the program that the child in conflict with the law is required to
undergo after he/she is found responsible for an offense without resorting to
formal court proceedings.

11. Initial Contact With-the Child

- refers to the apprehension or taking into custody of a child in conflict with the
law by law enforcement officers or private citizens. It includes the time when
the child alleged to be in conflict with the law receives a subpoena under
Section 3(b) of Rule 112 of the Revised Rules of Criminal Procedure or
summons under Section 6(a) or Section 9(b) of the same Rule in cases that
do not require preliminary investigation or where there is no necessity to
place the child alleged to be in conflict with the law under immediate custody.
12. Intervention
- refers to a series of activities which are designed to address issues that
caused the child to commit an offense. It may take the form of an
individualized treatment program which may include counseling, skills
training, education, and other activities that will enhance his/her
psychological, emotional and psycho-social well-being.
13. Juvenile Justice and Welfare System
- refers to a system dealing with children at risk and children in conflict with the
law, which provides child-appropriate proceedings, including programs and
services for prevention, diversion, rehabilitation, re-integration and aftercare
to ensure their normal growth and development.
14. Law Enforcement Officer
- refers to the person in authority or his/her agent as defined in Article 152 of
the Revised Penal Code, including a barangay tanod
15. Offense
- refers to any act or omission whether punishable under special laws or the
Revised Penal Code, as amended.
16. Recognizance
- refers to an undertaking in lieu of a bond assumed by a parent or custodian
who shall be responsible for the appearance in court of the child in conflict
with the law, when required.
17. Restorative Justice
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refers to a principle which requires a process of resolving conflicts with the

maximum involvement of the victim, the offender and the community. It seeks
to obtain reparation for the victim; reconciliation of the offender, the offended
and the community; and reassurance to the offender that he/she can be
reintegrated into society. It also enhances public safety by activating the
offender, the victim and the community in prevention strategies.

18. Status Offenses

- refers to offenses which discriminate only against a child, while an adult does
not suffer any penalty for committing similar acts. These shall include curfew
violations; truancy, parental disobedience and the like.
19. Youth Detention Home
- refers to a 24-hour child-caring institution managed by accredited local
government units (LGUs) and licensed and/or accredited nongovernment
organizations (NGOs) providing short-term residential care for children in
conflict with the law who are awaiting court disposition of their cases or
transfer to other agencies or jurisdiction.
20. Youth Rehabilitation Center
- refers to a 24-hour residential care facility managed by the Department of
Social Welfare and Development (DSWD), LGUs, licensed and/or accredited
NGOs monitored by the DSWD, which provides care, treatment and
rehabilitation services for children in conflict with the law. Rehabilitation
services are provided under the guidance of a trained staff where residents
are cared for under a structured therapeutic environment with the end view of
reintegrating them into their families and communities as socially functioning
individuals. Physical mobility of residents of said centers may be restricted
pending court disposition of the charges against them.
21. Victimless Crimes
- refers to offenses where there is no private offended party.

II.

VIOLATIONS OF LAW

1. Prohibition Against Labeling and Shaming. - In the conduct of the

proceedings beginning from the initial contact with the child, the competent
authorities must refrain from branding or labeling children as young criminals,
juvenile delinquents, prostitutes or attaching to them in any manner any other
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derogatory names. Likewise, no discriminatory remarks and practices shall be

allowed particularly with respect to the child's class or ethnic origin.
2. Other Prohibited Acts. - The following and any other similar acts shall be
considered prejudicial and detrimental to the psychological, emotional, social,
spiritual, moral and physical health and well-being of the child in conflict with the
law and therefore, prohibited:
a. Employment of threats of whatever kind and nature;
b. Employment of abusive, coercive and punitive measures such as
cursing, beating, stripping, and solitary confinement;
c. Employment of degrading, inhuman end cruel forms of
punishment such as shaving the heads, pouring irritating,
corrosive or harmful substances over the body of the child in
conflict with the law, or forcing him/her to walk around the
community wearing signs which embarrass, humiliate, and
degrade his/her personality and dignity; and
d. Compelling the child to perform involuntary servitude in any and
all forms under any and all instances.

III.

ELEMENTS OF COMMITTING VIOLATIONS OF THE LAW

1. There must be a conduct of proceeding before the initial contact with the child;
2. The proceeding shall be conducted by a competent authority;
3. The competent authorities do not refrain from branding or labeling the children
as young criminals, juvenile delinquents, prostitutes or attaching to them in any
manner any other derogatory names, and
4. There are discriminatory remarks and practices with respect to the childs class
or ethnic region.
Under other prohibited Acts
1. There must be an employment of threats or whatever kind and nature;
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2. There must be employment of abusive, coercive and punitive measures such

as cursing, beating, stripping and solitary confinement; and
3. There must be employment of degrading, inhuman and cruel forms of
punishment such as:
a. Shaving the heads,
b. Pouring irritating, corrosive or harmful substances over the body of the
child;
c. Forcing the child to walk around the community wearing signs which
embarrass, humiliate and degrade the childs personality and dignity; and
d. Compelling the child to perform involuntary servitude in any and all forms
under any and all instances.

IV.

PERSONS LIABLE
1. Any competent authority who, in the conduct of proceeding with the child, do
not refrain from branding or labeling children as young criminals, juvenile
delinquents, prostitutes or attaching to them in any manner any other
derogatory names and discriminatory remarks and practices shall be allowed
particularly with respect to the child's class or ethnic origin.
2. Any person who conduct the other prohibited act against the child with conflict
of law;

V.

PENALTIES

Any person who violates any provision of this Act or any rule or regulation
promulgated in accordance thereof shall, upon conviction for each act or omission, be
punished by a fine of not less than Twenty thousand pesos (P20,000.00) but not more
than Fifty thousand pesos (P50,000.00) or suffer imprisonment of not less than eight (8)
years but not more than ten (10) years, or both such fine and imprisonment at the
discretion of the court, unless a higher penalty is provided for in the Revised Penal
Code or special laws. If the offender is a public officer or employee, he/she shall, in
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addition to such fine and/or imprisonment, be held administratively liable and shall suffer
the penalty of perpetual absolute disqualification.

Republic Act No. 7610

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AN ACT PROVIDING FOR THE STRONGER DETERRENCE AND

SPECIAL PROSECUTION AGAINST CHILD ABUSE, EXPLOITATION
AND DISCRIMINATION, AND FOR OTHER PURPOSES

I.

DEFINITION OF TERMS

1. Child
- refers to person below eighteen (18) years of age or those over but are
unable to fully take care of themselves or protect themselves from abuse,
neglect, cruelty, exploitation or discrimination because of physical or mental
disability or condition.
2. Child Abuse
- refers to the maltreatment, whether habitual or not, of the child which includes
any of the following:
a. Psychological and physical abuse, neglect, cruelty, sexual abuse and
emotional maltreatment;
b. Any act by deeds or words which debases, degrades or demeans the
intrinsic worth and dignity of a child as a human being;
c. Unreasonable deprivation of his basic needs for the survival, such as food
and shelter; or
d. Failure to immediately give medical treatment to an injured child resulting
in serious impairment of his growth and development or in his permanent
incapacity or death.
3. Comprehensive programs against child abuse, exploitation and determination
- refers to the coordinated program and services and facilities to protect
children against:
a.
b.
c.
d.

Child prostitution and other sexual abuse;

Child trafficking;
Obscene publications and indecent shows;
Circumstances which threaten or endanger the survival and normal
development of children.
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4. Child Prostitution and Other Sexual Abuse

- children, whether male or female, who for money, profit, or any other
consideration or due to coercion or influence of any adult, syndicate or group,
indulge in sexual intercourse or lascivious conduct, are deemed to be children
exploited in prostitution and other sexual abuse.
5. Acts of Lasciviousness
- the intentional touching, either directly or through clothing, of the genetalia,
anus, groin, breast, inner thigh, or buttocks, or the introduction of any object
into the genetalia, anus or mouth, of any person, whether of the same or
opposite sex, with an intent to abuse, humiliate, harass, degrade, or arouse or
gratify the sexual desire of any person, bestiality, masturbation, lascivious
exhibition of the genitals or public area of a person.
II.

VIOLATIONS OF LAW
1. Child prostitution and other sexual abuse (Section 5)
2. Attempt to commit Child Prostitution (Section 6)
3. Engagement of children in the worst forms of child labor
4. Discrimination of children of indigenous cultural communities.
5. Child Trafficking (Section 7)
6. Attempt to Commit Child Trafficking (Section 8)
7. Obscene Publications and Indecent Shows (Section 9)
8. Other Acts of Abuse (Section 10)
9. Employment of children as model in advertisement directly or indirectly promoting
alcoholic beverages, intoxicating drinks, tobacco and its by products, gambling or
any form of violence or pornography or any form of violence or pornography
(Section 14)

III.

ELEMENTS OF COMMITTING VIOLATIONS OF LAW

Children Exploited in Prostitution and Other Sexual Abuse (Section 5)
1. That a person has engaged himself in or promote, facilitate or induce child
prostitution enumerated in Section 5 of this Act;
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2. That a person has commited the act of sexual intercourse or lascivious conduct
with a child exploited in prostitution or subjected to other sexual abuse.
3. That a person has derived profit on advantage therefrom, whether as manager or
owner of the establishment where the prostitution takes place or of the sauna,
disco, bar, resort, place of entertainment or establishment serving as a cover or
which engages in prostitution in addition to activity for which the license has been
issued to said establishment.
Attempt to Commit Child Prostitution (Section 6)
1. That a person, not being a relative of a child, is found alone with the said child
inside the room or cubicle of a house, an inn, hotel, motel, pension house,
apartelle or other similar establishments, vessel, vehicle or any other hidden or
secluded area under circumstances which would lead a reasonable person to
believe that the child is about to be exploited in prostitution and other sexual
abuse.
2. That a person has received services from a child in a sauna parlor, or bath,
massage clinic, health club and other similar establishment.
Child Trafficking (Section 7)
1. A person is engaged in trading and dealing with children including but not limited
to, the act of buying and selling of a child for money, or for any other
consideration or barter.
Attempt to Commit Child Trafficking (Section 8)
There is an attempt to commit child trafficking when:
1. A child travels alone to a foreign country without valid reason therefor and without
clearance issued by the DSWD or written permit or justification from the childs
parents or legal guardian.
2. A person, agency, establishment or child-caring institution recruits women or
couples to bear children for the purpose of child trafficking.

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3. A doctor, hospital or clinic official or employee, nurse, midwife, local civil registrar
or any other person simulates birth for the purpose of child trafficking.
4. A person engages in the act of finding children among low-income families,
hospitals, clinics, nurseries, day-care centers or other child-caring institutions
who can be offered for the purpose of child trafficking
Obscene Publications and Indecent Shows (Section 9)
1. That a person hires, employs, uses, persuades, induces or coerces a child to
perform in obscene exhibitions and indecent shows, whether live or in video or
model in obscene publications or pornographic materials or to sell or distribute
the said materials.
Other Acts of Abuse (Section 10)
1. That a person commits any other acts of child abuse, cruelty or exploitation or to
be responsible for other conditions prejudicial to the childs development.
2. That person has kept or have in his company a minor, 12 years or under or who
in 10 years or more his junior in any public or private place, hotel, motel, beer
joint, discotheque, cabaret, pension house, sauna or massage parlor, beach
and/or other tourist resort or similar. Provided that this provision shall not apply to
any person who is related within the fourth degree of consanguinity or affinity or
any bond recognized by law, local custom and tradition or acts in the
performance of a social, moral or legal duty.
3. That a person has induced, delivered or offered a minor to any one prohibited by
this Act to keep or have in his company a minor as provided in the preceding
paragraph.
4. That a person, owner, manager or one entrusted with the operation of any public
or private place of accommodation, whether for occupancy, food, drink or
otherwise, including residential places, allows any person to take along with him
to such place or places any minor herein described.
5. That a person uses, coerces, forces or intimidates a street child or any other
child to
a. Beg or use begging as a means of living
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b. Act as conduit of middlemen in drug trafficking or pushing

c. Conduct and illegal activities
IV. PERSONS LIABLE
The following persons are held liable for the violation of any of the provisions under
this Act:
Children Exploited in Prostitution and Other Sexual Abuse (Section 5)
1. Those who engage in or promote, facilitate or induce child prostitution which
include, but are not limited to, the following:
a. Acting as a procurer of a child prostitute
b. Inducing a person to be a client of a child prostitute by means of written or
oral advertisements or other similar means
c. Taking advantage of influence or relationship to procure a child as a
prostitute
d. Threatening or using violence towards a child to engage him as a
prostitute
e. Giving monetary consideration, goods or other pecuniary benefit to a child
with the intent to engage such child in prostitution.
2. Those who commit the act of sexual intercourse or lascivious conduct with a child
exploited in prostitution or subjected to other sexual abuse.
3. Those who derive profit on advantage therefrom, whether as manager or owner
of the establishment where the prostitution takes place or of the sauna, disco,
bar, resort, place of entertainment or establishment serving as a cover or which
engages in prostitution in addition to activity for which the license has been
issued to said establishment.
Attempt to Commit Child Prostitution (Section 6)
1. Any person who not being a relative of a child, is found alone with the said child
inside the room or cubicle of a house, an inn, hotel, motel, pension house,
apartelle or other similar establishments, vessel, vehicle or any other hidden or
secluded area under circumstances which would lead a reasonable person to

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believe that the child is about to be exploited in prostitution and other sexual
abuse.
2. Any person is receiving services from a child in a sauna parlor, or bath, massage
clinic, health club and other similar establishment.
Child Trafficking (Section 7)
Any person who shall engage in trading and dealing with children including but
not limited to, the act of buying and selling of a child for money, or for any other
consideration or barter.
Attempt to Commit Child Trafficking (Section 8)
1. A person who lets a child travels alone to a foreign country without valid reason
therefor and without clearance issued by the DSWD or written permit or
justification from the childs parents or legal guardian.
2. A person, agency, establishment or child-caring institution who recruits women or
couples to bear children for the purpose of child trafficking.
3. A doctor, hospital or clinic official or employee, nurse, midwife, local civil registrar
or any other person who simulates birth for the purpose of child trafficking.
4. A person who engages in the act of finding children among low-income families,
hospitals, clinics, nurseries, day-care centers or other child-caring institutions
who can be offered for the purpose of child trafficking.
Obscene Publications and Indecent Shows (Section 9)
Any person who shall hire, employ, use, persuade, induce or coerce a child to
perform in obscene exhibitions and indecent shows, whether live or in video or model in
obscene publications or pornographic materials or to sell or distribute the said materials.
Other Acts of Abuse (Section 10)
1. Any person who shall commit any other acts of child abuse, cruelty or
exploitation or to be responsible for other conditions prejudicial to the childs
development.
2. Any person who shall keep or have in his company a miner, 12 years or under or
who in 10 years or more his junior in any public or private place, hotel, motel,
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beer joint, discotheque, cabaret, pension house, sauna or massage parlor, beach
and/or other tourist resort or similar. Provided that this provision shall not apply to
any person who is related within the fourth degree of consanguinity or affinity or
any bond recognized by law, local custom and tradition or acts in the
performance of a social, moral or legal duty.
3. Any person who shall induce, deliver or offer a minor to any one prohibited by
this Act to keep or have in his company a minor as provided in the preceding
paragraph.
4. Any person, owner, manager or one entrusted with the operation of any public or
private place of accommodation, whether for occupancy, food, drink or otherwise,
including residential places, who allows any person to take along with him to
such place or places any minor herein described.
5. Any person who shall use, coerce, force or intimidate a street child or any other
child to
a. Beg or use begging as a means of living
b. Act as conduit of middlemen in drug trafficking or pushing
c. Conduct and illegal activities

V. PENALTIES
Reclusion Temporal in its medium period to Reclusion Perpetua
Reclusion Temporal in its medium period
Sanctions for Establishments or Enterprises (Section 11)
All establishments and enterprises which promote or facilitate child prostitution
and other sexual abuse, child trafficking, obscene publications and indecent shows, and
other acts of abuse shall be immediately closed and their authority or license to operate
cancelled, without prejudice to the owner or manager thereof being prosecuted under
this Act and/or the Revised Penal Code, as amended, or special laws.
An establishment shall be deemed to promote or facilitate child prostitution and other
sexual abuse, child trafficking, obscene publications and indecent shows, and other acts
of abuse if the acts constituting the same occur in the premises of said establishment
under this Act or in violation of the Revised Penal Code, as amended. An enterprise
such as a sauna, travel agency, or recruitment agency which: promotes the
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aforementioned acts as part of a tour for foreign tourists; exhibits children in a lewd or
indecent show; provides child masseurs for adults of the same or opposite sex and said
services include any lascivious conduct with the customers; or solicits children or
activities constituting the aforementioned acts shall be deemed to have committed the
acts penalized herein.

Republic Act No. 9262

ANTI-VIOLENCE AGAINST WOMEN AND
THEIR CHILDREN ACT OF 2004
I.

DEFINITION OF TERMS

1. Violence against women and their children

- refers to any act or a series of acts committed by any person against a
woman who is his wife, former wife, or against a woman with whom the
person has or had a sexual or dating relationship, or with whom he has a
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common child, or against her child whether legitimate or illegitimate, within or

without the family abode, which result in or is likely to result in physical,
sexual, psychological harm or suffering, or economic abuse including threats
of such acts, battery, assault, coercion, harassment or arbitrary deprivation of
liberty. It includes, but is not limited to, the following acts:
a. Physical Violence refers to acts that include bodily or physical harm;
b. Sexual violence refers to an act which is sexual in nature, committed
against a woman or her child. It includes, but is not limited to:
i. rape, sexual harassment, acts of lasciviousness, treating a woman or
her child as a sex object, making demeaning and sexually suggestive
remarks, physically attacking the sexual parts of the victim's body,
forcing her/him to watch obscene publications and indecent shows or
forcing the woman or her child to do indecent acts and/or make films
thereof, forcing the wife and mistress/lover to live in the conjugal
home or sleep together in the same room with the abuser;
ii. acts causing or attempting to cause the victim to engage in any
sexual activity by force, threat of force, physical or other harm or
threat of physical or other harm or coercion;
iii. Prostituting the woman or child.
c. Psychological violence refers to acts or omissions causing or likely to
cause mental or emotional suffering of the victim such as but not limited to
intimidation, harassment, stalking, damage to property, public ridicule or
humiliation, repeated verbal abuse and mental infidelity. It includes
causing or allowing the victim to witness the physical, sexual or
psychological abuse of a member of the family to which the victim
belongs, or to witness pornography in any form or to witness abusive
injury to pets or to unlawful or unwanted deprivation of the right to custody
and/or visitation of common children.
d. Economic abuse refers to acts that make or attempt to make a woman
financially dependent which includes, but is not limited to the following:
i. withdrawal of financial support or preventing the victim from engaging
in any legitimate profession, occupation, business or activity, except
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in cases wherein the other spouse/partner objects on valid, serious

and moral grounds as defined in Article 73 of the Family Code;
1. deprivation or threat of deprivation of financial resources and
the right to the use and enjoyment of the conjugal, community or
property owned in common;
a. destroying household property;
b. controlling the victims' own money or properties or solely
controlling the conjugal money or properties.
2. Battery
- refers to an act of inflicting physical harm upon the woman or her child
resulting to the physical and psychological or emotional distress.
3. Battered Woman Syndrome
- refers to a scientifically defined pattern of psychological and behavioral
symptoms found in women living in battering relationships as a result of
cumulative abuse.
4. Stalking
- refers to an intentional act committed by a person who, knowingly and without
lawful justification follows the woman or her child or places the woman or her
child under surveillance directly or indirectly or a combination thereof.
5. Dating relationship
- refers to a situation wherein the parties live as husband and wife without the
benefit of marriage or are romantically involved over time and on a continuing
basis during the course of the relationship. A casual acquaintance or ordinary
socialization between two individuals in a business or social context is not a
dating relationship.
6. Sexual relations
- refers to a single sexual act which may or may not result in the bearing of a
common child.
7. Safe place or shelter
- refers to any home or institution maintained or managed by the Department of
Social Welfare and Development (DSWD) or by any other agency or
voluntary organization accredited by the DSWD for the purposes of this Act or
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any other suitable place the resident of which is willing temporarily to receive
the victim.
8. Children
- refers to those below eighteen (18) years of age or older but are incapable of
taking care of themselves as defined under Republic Act No. 7610. As used in
this Act, it includes the biological children of the victim and other children
under her care.

II.

VIOLATIONS OF THE LAW

The crime of violence against women and their children is committed through any of
the following acts:
a. Causing physical harm to the woman or her child;
b. Threatening to cause the woman or her child physical harm;
c. Attempting to cause the woman or her child physical harm;
d. Placing the woman or her child in fear of imminent physical harm;
e. Attempting to compel or compelling the woman or her child to engage in
conduct which the woman or her child has the right to desist from or desist
from conduct which the woman or her child has the right to engage in, or
attempting to restrict or restricting the woman's or her child's freedom of
movement or conduct by force or threat of force, physical or other harm or
threat of physical or other harm, or intimidation directed against the
woman or child. This shall include, but not limited to, the following acts
committed with the purpose or effect of controlling or restricting the
woman's or her child's movement or conduct:
1. Threatening to deprive or actually depriving the woman or her child
of custody to her/his family;
2. Depriving or threatening to deprive the woman or her children of
financial support legally due her or her family, or deliberately
providing the woman's children insufficient financial support;
3. Depriving or threatening to deprive the woman or her child of a
legal right; or
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4. Preventing the woman in engaging in any legitimate profession,

occupation, business or activity or controlling the victim's own
mon4ey or properties, or solely controlling the conjugal or common
money, or properties.
f. Inflicting or threatening to inflict physical harm on oneself for the purpose
of controlling her actions or decisions;
g. Causing or attempting to cause the woman or her child to engage in any
sexual activity which does not constitute rape, by force or threat of force,
physical harm, or through intimidation directed against the woman or her
child or her/his immediate family;
h. Engaging in purposeful, knowing, or reckless conduct, personally or
through another that alarms or causes substantial emotional or
psychological distress to the woman or her child. This shall include, but
not be limited to, the following acts:
1. Stalking or following the woman or her child in public or private
places;
2. Peering in the window or lingering outside the residence of the
woman or her child;
3. Entering or remaining in the dwelling or on the property of the
woman or her child against her/his will;
4. Destroying the property and personal belongings or inflicting harm
to animals or pets of the woman or her child; and
5. Engaging in any form of harassment or violence;
a. Causing mental or emotional anguish, public ridicule or
humiliation to the woman or her child, including, but not
limited to, repeated verbal and emotional abuse, and denial
of financial support or custody of minor children of access to
the woman's child/children.

III.

ELEMENTS OF COMMITTING VIOLATIONS OF THE LAW

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The battered woman syndrome is characterized by a CYCLE OF

VIOLENCE, which is made up of three phases:
1. First Phase : Tension Building Phase
a) Where minor battering occurs, it could be a verbal or slight physical
abuse or another form of hostile behavior.
b) The woman tries to pacify the batterer through a show of kind,
nurturing behavior, or by simply staying out of the way.
c) But this proves to be unsuccessful as it only gives the batterer the
notion that he has the right to abuse her.
2. Second Phase : Acute Battering Incident
a) Characterized by brutality, destructiveness, and sometimes death.
b) The battered woman has no control; only the batterer can stop the
violence.
c) The battered woman realizes that she cannot reason with him and
resistance would only worsen her condition.
3. Third Phase : Tranquil Period
a) Characterized by guilt on the part of the batterer and forgiveness on
the part of the woman.
b) The batterer may show a tender and nurturing behavior towards his
partner and the woman also tries to convince herself that the
battery will never happen again and that her partner will change for
the better.

Four Characteristics of the Syndrome:

1. The woman believes that the violence was her fault;
2. She has an inability to place the responsibility for the violence
elsewhere;
3. She fears for her life and/or her childrens life;
4. She has an irrational belief that the abuser is omnipresent and
omniscient.
IV.

PERSONS LIABLE FOR COMMTING VIOALTIONS OF THE LAW

Any person who commits an act of violence against a woman who is his wife, former
wife, or against a woman with whom the person has or had a sexual or dating
relationship, or with whom he has a common child, or against her child whether
legitimate or illegitimate.

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V.

PENALTIES

The crime of violence against women and their children, under Section 5 hereof shall
be punished according to the following rules:
1. Acts falling under Section 5(a) constituting attempted, frustrated or consummated
parricide or murder or homicide shall be punished in accordance with the
provisions of the Revised Penal Code.
2. If these acts resulted in mutilation, it shall be punishable in accordance with the
Revised Penal Code; those constituting serious physical injuries shall have the
penalty of prison mayor; those constituting less serious physical injuries shall be
punished by prision correccional; and those constituting slight physical injuries
shall be punished by arresto mayor.
3. Acts falling under Section 5(b) shall be punished by imprisonment of two degrees
lower than the prescribed penalty for the consummated crime as specified in the
preceding paragraph but shall in no case be lower than arresto mayor.
a. Acts falling under Section 5(c) and 5(d) shall be punished by arresto
mayor;
b. Acts falling under Section 5(e) shall be punished by prision correccional;
c. Acts falling under Section 5(f) shall be punished by arresto mayor;
d. Acts falling under Section 5(g) shall be punished by prision mayor;
e. Acts falling under Section 5(h) and Section 5(i) shall be punished by
prision mayor.
4. If the acts are committed while the woman or child is pregnant or committed in
the presence of her child, the penalty to be applied shall be the maximum period
of penalty prescribed in the section.
5. In addition to imprisonment, the perpetrator shall (a) pay a fine in the amount of
not less than One hundred thousand pesos (P100,000.00) but not more than
three hundred thousand pesos (300,000.00); (b) undergo mandatory
psychological counseling or psychiatric treatment and shall report compliance to
the court.

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Repbublic Act No. 9775

ANTI-CHILD PORNOGRAPHY ACT

I.

DEFINITION OF TERMS

1. Child
-

refers to a person below eighteen (18) years of age or over, but is unable to
fully take care of himself/herself from abuse, neglect, cruelty, exploitation or
discrimination because of a physical or mental disability or condition.
For the purpose of this Act, a child shall also refer to:
a. a person regardless of age who is presented, depicted or portrayed as a
child as defined herein; and
22 | P a g e

b. computer-generated, digitally or manually crafted images or graphics of a

person who is represented or who is made to appear to be a child as
defined herein.
2. Child pornography
- refers to any representation, whether visual, audio, or written combination
thereof, by electronic, mechanical, digital, optical, magnetic or any other
means, of child engaged or involved in real or simulated explicit sexual
activities.
3. Explicit Sexual Activity includes actual or simulated
a. As to form:
i. sexual intercourse or lascivious act including, but not limited to, contact
involving genital to genital, oral to genital, anal to genital, or oral to anal,
whether between persons of the same or opposite sex;
b. bestiality;
c. masturbation;
d. sadistic or masochistic abuse;
e. lascivious exhibition of the genitals, buttocks, breasts, pubic area and/or
anus; or
f. use of any object or instrument for lascivious acts
4. Internet address
- refers to a website, bulletin board service, internet chat room or news group,
or any other internet or shared network protocol address.
5. Internet cafe or kiosk
- refers to an establishment that offers or proposes to offer services to the
public for the use of its computer/s or computer system for the purpose of
accessing the internet, computer games or related services.
6. Internet content host
- refers to a person who hosts or who proposes to host internet content in the
Philippines.
7. Internet service provider (ISP)
- refers to a person or entity that supplies or proposes to supply, an internet
carriage service to the public.
23 | P a g e

8. Grooming
- refers to the act of preparing a child or someone who the offender believes to
be a child for sexual activity or sexual relationship by communicating any form
of child pornography. It includes online enticement or enticement through any
other means.
9. Luring
- refers to the act of communicating, by means of a computer system, with a
child or someone who the offender believes to be a child for the purpose of
facilitating the commission of sexual activity or production of any form of child
pornography.
10. Pandering
- refers to the act of offering, advertising, promoting, representing or distributing
through any means any material or purported material that is intended to
cause another to believe that the material or purported material contains any
form of child pornography, regardless of the actual content of the material or
purported material.
11. Person
- refers to any natural or juridical entity.

II.

VIOLATION OF LAW

It shall be unlawful for any person:

1. To hire, employ, use, persuade, induce or coerce a child to perform in the
creation or production of any form of child pornography;
2. To produce, direct, manufacture or create any form of child pornography;
3. To publish offer, transmit, sell, distribute, broadcast, advertise, promote, export or
import any form of child pornography;
4. To possess any form of child pornography with the intent to sell, distribute,
publish, or broadcast: Provided. That possession of three (3) or more articles of
child pornography of the same form shall be prima facie evidence of the intent to
sell, distribute, publish or broadcast;
5. To knowingly, willfully and intentionally provide a venue for the commission of
prohibited acts as, but not limited to, dens, private rooms, cubicles, cinemas,
houses or in establishments purporting to be a legitimate business;
24 | P a g e

6. For film distributors, theaters and telecommunication companies, by themselves

or in cooperation with other entities, to distribute any form of child pornography;
7. For a parent, legal guardian or person having custody or control of a child to
knowingly permit the child to engage, participate or assist in any form of child
pornography;
8. To engage in the luring or grooming of a child;
9. To engage in pandering of any form of child pornography;
10. To willfully access any form of child pornography;
11. To conspire to commit any of the prohibited acts stated in this section.
Conspiracy to commit any form of child pornography shall be committed when
two (2) or more persons come to an agreement concerning the commission of
any of the said prohibited acts and decide to commit it; and
12. To possess any form of child pornography.

III.

ELEMENTS OF COMMITTING VIOLATIONS OF THE LAW

1. A child engaged or involved in real or simulated explicit sexual activities;

2. The real or simulated explicit sexual activities is done through whether visual,
audio, or written combination thereof, by electronic, mechanical, digital, optical,
magnetic or any other means;
3. It conducts habitually or not to abuse, neglect, cruelty, exploitation or
discrimination because of a physical or mental disability or condition of a child.
IV.

PERSONS LIABLE

1. Any person whether natural or juridical who:

a. Hire, employ, use, persuade, induce or coerce a child to perform in the
creation or production of any form of child pornography;
b. Produce, direct, manufacture or create any form of child pornography;
c. Publish offer, transmit, sell, distribute, broadcast, advertise, promote, export
or import any form of child pornography;

25 | P a g e

d. Possess any form of child pornography with the intent to sell, distribute,
publish, or broadcast: Provided. That possession of three (3) or more articles
of child pornography of the same form shall be prima facie evidence of the
intent to sell, distribute, publish or broadcast;
e. Knowingly, willfully and intentionally provide a venue for the commission of
prohibited acts as, but not limited to, dens, private rooms, cubicles, cinemas,
houses or in establishments purporting to be a legitimate business;
f. Engage in the luring or grooming of a child;
g. Engage in pandering of any form of child pornography;
h. Willfully access any form of child pornography;
i. Conspire to commit any of the prohibited acts stated in this section.
Conspiracy to commit any form of child pornography shall be committed when
two (2) or more persons come to an agreement concerning the commission of
any of the said prohibited acts and decide to commit it; and
j. Possess any form of child pornography.
2. Film distributors, theaters and telecommunication companies, by themselves or
in cooperation with other entities, to distribute any form of child pornography;
3. Parent, legal guardian or person having custody or control of a child to knowingly
permit the child to engage, participate or assist in any form of child pornography;
V.

PENALTIES

The following penalties and sanctions are hereby established for offenses
enumerated in this Act:
1. Any person found guilty of syndicated child pornography as defined in Section 5
of this Act shall suffer the penalty of reclusion perpetua and a fine of not less than
Two million pesos (Php2,000,000.00) but not more than Five million pesos
(Php5,000,000.00);
2. Any person found guilty of violating Section 4(a), (b) and (c) of this Act shall
suffer the penalty of reclusion temporal in its maximum period and a fine of not
less than One million pesos (Php1,000,000.00) but not more than Two million
(Php2,000,000.00);
3. Any person found guilty of violating Section 4(d), (e) and (f) of this Act shall suffer
the penalty of reclusion temporal in its medium period and a fine of not less than
26 | P a g e

Seven hundred fifty thousand pesos (Php750,000.00) but not more than One
million pesos (Php1,000,000.00);
4. Any person found guilty of violating Section 4(g) of this Act shall suffer the
penalty of reclusion temporal in its minimum period and a fine of not less than
Five hundred thousand pesos (Php500,000.00) but not more than Seven
hundred thousand pesos (Php700,000.00);
5. Any person found guilty of violating Section 4(h) of this Act shall suffer the
penalty of prision mayor in its maximum period and a fine of not less than Three
hundred thousand pesos (Php300,000.00) but not more than Five hundred
thousand pesos (Php500,000.00);
6. Any person found guilty of violating Section 4(I) of this Act shall suffer the penalty
of prision mayor in its minimum period and a fine of not less than Three hundred
thousand pesos (php300,000.00) but not more than Five hundred thousand
pesos (Php500,000.00);
7. Any person found guilty of violating Section 4(j) of this Act shall suffer the penalty
of prision correccional in its maximum period and a fine of not less than Two
hundred thousand pesos (Php200,000.00) but not more than Three hundred
thousand pesos (Php300,000.00);
8. Any person found guilty of violating Section 4(k) of this Act shall suffer the
penalty of prision correccionalin its medium period and a fine of not less than
One hundred thousand pesos (php100,000.00) but not more than Two hundred
fifty thousand pesos (php250,000.00);
9. Any person found guilty of violating Section 4(l) of this Act shall suffer the penalty
of arresto mayor in its minimum period and a fine of not less than Fifty thousand
pesos (Php50,000.00) but not more than One hundred thousand pesos
(Php100,000.00);
10. Any person found guilty of violating Section 11 of this Act shall suffer the penalty
of prision correccional in its medium period and a fine of not less than One million
pesos (Php1,000,000.00) but not more than Two million pesos
(Php2,000,000.00) for the first offense. In the case of a subsequent offense, the
penalty shall be a fine not less than Two million pesos (Php2,000,000.00) but not
more than Three million pesos (Php3,000,000.00) and revocation of its license to
operate and immediate closure of the establishment;
11. Any ISP found guilty of willfully and knowingly failing to comply with the notice
and installation requirements under Section 9 of this Act shall suffer the penalty
of a fine of not less than Five hundred thousand pesos (Php500,000.00) but not
27 | P a g e

more than One million pesos (Php1,000,000.00) for the first offense. In case of
subsequent offense, the penalty shall be a fine of not less than One million pesos
(Php1,000,000.00) but not more than Two million pesos (Php2,000,000.00) and
revocation of its license to operate;
12. Any mall owner-operator and owner or lessor of other business establishments
including photo developers, information technology professionals, credit card
companies and banks, found guilty of willfully and knowingly failing to comply
with the notice requirements under Section 10 of this Act shall suffer the penalty
of a fine of not less than One million pesos (Php1,000,000.00) but not more than
Two million pesos (Php2,000,000.00) for the first offense. In the case of a
subsequent offense, the penalty shall be a fine of not less than Two million pesos
(Php2,000,000.00) but not more than Three million pesos (Php3,000,000.00) and
revocation of its license to operate and immediate closure of the establishment;
and
13. Any person found guilty of violating Section 13 of this Act shall suffer the penalty
of arresto mayor in its minimum period and a fine of not less than One hundred
thousand pesos (Php100,000.00) but not more than Three hundred thousand
pesos (Php300,000.00).

28 | P a g e

Republic Act 7877

ANTI-SEXUAL HARASSMENT ACT

I.

DEFINITION OF TERMS

Sexual Harassment
It is an act or a series of acts involving any unwelcome sexual advance, request or
demand for a sexual favor, or other verbal or physical behavior of a sexual nature,
committed by a by an employer, employee, manager, supervisor, agent of the
employer, teacher, instructor, professor, coach, trainor, or any other person who,
having authority, influence or moral ascendancy over another in a work or training or
education environment, demands, requests or otherwise requires any sexual
favor from the other, regardless of whether the demand, request or requirement for
submission is accepted by the object of said Act, in a work-related, training- or
education- related environment.

II.

VIOLATIONS OF LAW

1. In a work-related or employment environment, sexual harassment is committed

when:
a. The sexual favor is made as a condition in the hiring or in the
employment, re-employment or continued employment of said individual,
or in granting said individual favorable compensation, terms of conditions,
promotions, or privileges; or the refusal to grant the sexual favor results
29 | P a g e

in limiting, segregating or classifying the employee which in any

way would discriminate, deprive ordiminish employment opportunities or
otherwise adversely affect said employee;
b. The above acts would impair the employee's rights or privileges under
existing labor laws; or
c. The above acts would result in an intimidating, hostile, or offensive
environment for the employee.
2. In an education or training environment, sexual harassment is committed:
a. Against one who is under the care, custody or supervision of the
offender;
b. Against one whose education, training, apprenticeship or tutorship is
entrusted to the offender;
c. When the sexual favor is made a condition to the giving of a passing
grade, or the granting of honors and scholarships, or the payment of a
stipend, allowance or other benefits, privileges, or consideration; or
d. When the sexual advances result in an intimidating, hostile or offensive
environment for the student, trainee or apprentice.
3. Any person who directs or induces another to commit any act of sexual
harassment as herein defined, or who cooperates in the commission thereof by
another without which it would not have been committed, shall also be held
liable under this Act.
III.

ELEMENTS OF COMMITTING VIOLATIONS OF THE LAW

1. The employer, employee, manager, supervisor, agent of the employer, teacher,

instructor, professor, coach, trainor, or any other person has authority, influence
or moral ascendancy over another;
2. The authority, influence or moral ascendancy exists in a working environment;
3. The employer, employee, manager, supervisor, agent of the employer, teacher,
instructor, professor, coach, or any other person having authority, influence or
moral ascendancy makes a demand, request or requirement of a sexual favor.
30 | P a g e

IV.

PERSONS LIABLE

Employer, employee, manager, supervisor, agent of the employer, teacher,

instructor, professor, coach, or any other person having authority, influence or moral
ascendancy makes a demand, request or requirement of a sexual favour, regardless of
sex, is liable for sexual harassment when he/she:
a. directly participates in the execution of any act of sexual harassment;
b. induces or directs another or others to commit sexual harassment;
c. cooperates in the commission of sexual harassment by another through an act
without which the sexual harassment would not have been accomplished;
d. cooperates in the commission of sexual harassment by another through previous
or simultaneous acts.

V.

PENALTIES

Any person who violates the provisions of this Act shall, upon conviction, be
penalized by imprisonment of not less than one (1) month nor more than six (6)
months, or a fine of not less than Ten thousand pesos (P10,000) nor more than Twenty
thousand pesos (P20,000), or both such fine and imprisonment at the discretion of the
court.
Any action arising from the violation of the provisions of this Act shall prescribe in
three (3) years.

31 | P a g e

Republic Act 9995

ANTI-PHOTO AND VIDEO VOYEURISM ACT
I.

DEFINITION OF TERMS

1. Broadcast
- means to make public, by any means, a visual image with the intent that it be
viewed by a person or persons.
2. Capture
- with respect to an image, means to videotape, photograph, film, record by any
means, or broadcast.
3. Female breast
- means any portion of the female breast.
4. Photo or video voyeurism
- means the act of taking photo or video coverage of a person or group of
persons performing sexual act or any similar activity or of capturing an image
of the private area of a person or persons without the latter's consent, under
circumstances in which such person/s has/have a reasonable expectation of
privacy, or the act of selling, copying, reproducing, broadcasting, sharing,
showing or exhibiting the photo or video coverage or recordings of such
sexual act or similar activity through VCD/DVD, internet, cellular phones and
similar means or device without the written consent of the person/s involved,
notwithstanding that consent to record or take photo or video coverage of
same was given by such person's.
5. Private area of a person
- means the naked or undergarment clad genitals, public area, buttocks or
female breast of an individual.
6.

Under circumstances in which a person has a reasonable expectation of

privacy"
- means believe that he/she could disrobe in privacy, without being concerned
that an image or a private area of the person was being captured; or
circumstances in which a reasonable person would believe that a private area
32 | P a g e

of the person would not be visible to the public, regardless of whether that
person is in a public or private place.

II.

VIOLATION OF LAW

1. It is hereby prohibited and declared unlawful for any person:

a. To take photo or video coverage of a person or group of persons performing
sexual act or any similar activity or to capture an image of the private area of
a person/s such as the naked or undergarment clad genitals, public area,
buttocks or female breast without the consent of the person/s involved and
under circumstances in which the person/s has/have a reasonable
expectation of privacy;
b. To copy or reproduce, or to cause to be copied or reproduced, such photo or
video or recording of sexual act or any similar activity with or without
consideration;
c. To sell or distribute, or cause to be sold or distributed, such photo or video or
recording of sexual act, whether it be the original copy or reproduction
thereof; or
d.

To publish or broadcast, or cause to be published or broadcast, whether in

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

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

ELEMENTS OF COMMITTING THE ACT

1. There is a reasonable expectation of privacy where a person believes that

he/she could disrobe in privacy, without being concerned that an image or a

private area of the person was being captured;
2. The circumstances in which a reasonable person would believe that a private

area of the person would not be visible to the public, regardless of whether that
person is in a public or private place;

33 | P a g e

3. The reasonacle expectation of privacy has been violated;

4. There must be consent to the coverage and written consent to its further

distribution or showing is required in order to stay clear of this law.

IV.

PERSONS LIABLE

1. Any person wheter natural or juridical who:

a. Take photo or video coverage of a person or group of persons performing
sexual act or any similar activity or to capture an image of the private area of
a person/s such as the naked or undergarment clad genitals, public area,
buttocks or female breast without the consent of the person/s involved and
under circumstances in which the person/s has/have a reasonable
expectation of privacy;
b. Copy or reproduce, or to cause to be copied or reproduced, such photo or
video or recording of sexual act or any similar activity with or without
consideration;
c. Sell or distribute, or cause to be sold or distributed, such photo or video or
recording of sexual act, whether it be the original copy or reproduction
thereof; or
d. Publish or broadcast, or cause to be published or broadcast, whether in print
or broadcast media, or show or exhibit the photo or video coverage or
recordings of such sexual act or any similar activity through VCD/DVD,
internet, cellular phones and other similar means or device.
2. The only exception is given to peace officers authorized by a written order of the
court, to use the record or any copy thereof as evidence in any civil, criminal
investigation or trial of the crime of photo or video voyeurism: Provided, That
such written order shall only be issued or granted upon written application and
the examination under oath or affirmation of the applicant and the witnesses
he/she may produce, and upon showing that there are reasonable grounds to
believe that photo or video voyeurism has been committed or is about to be
committed, and that the evidence to be obtained is essential to the conviction of
any person for, or to the solution or prevention of such, crime.
Any record, photo or video in violation of the foregoing shall be inadmissible in
evidence in any proceedings.
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V.

PENALTIES

The penalty of imprisonment of not less that three (3) years but not more than seven
(7) years and a fine of not less than One hundred thousand pesos (P100,000.00) but
not more than Five hundred thousand pesos (P500,000.00), or both, at the discretion of
the court shall be imposed upon any person found guilty of violating Section 4 of this
Act.
If the violator is a juridical person, its license or franchise shall be automatically be
deemed revoked and the persons liable shall be the officers thereof including the editor
and reporter in the case of print media, and the station manager, editor and broadcaster
in the case of a broadcast media.
If the offender is a public officer or employee, or a professional, he/she shall be
administratively liable.
If the offender is an alien, he/she shall be subject to deportation proceedings
after serving his/her sentence and payment of fines.

35 | P a g e

Republic Act 8042

(as amended by Republic Act 10022)
MIRGANT WORKERS ACT
I.

DEFINITION OF TERMS

a. Overseas Filipino worker

- refers to a person who is to be engaged, is engaged or has been engaged in
a remunerated activity in a state of which he or she is not a citizen or on
board a vessel navigating the foreign seas other than a government ship used
for military or non-commercial purposes or on an installation located offshore
or on the high seas; to be used interchangeably with migrant worker."
b. Gender-sensitivity
- shall mean cognizance of the inequalities and inequities prevalent in society
between women and men and a commitment to address issues with concern
for the respective interests of the sexes.
3. Overseas Filipinos
- refers to dependents of migrant workers and other Filipino nationals abroad
who are in distress as mentioned in Sections 24 and 26 of this Act.
4. Recruitment And Placement
- refers to any act of canvassing, enlisting, contracting, transporting, utilizing,
hiring or procuring workers, Including referrals, contact services, promising or
advertising for employment, locally or abroad, whether for profit or not.
5. Illegal recruitment
- shall mean any act of canvassing, enlisting, contracting, transporting, utilizing,
hiring, or procuring workers and includes referring, contract services,
promising or advertising for employment abroad, whether for profit or not,
when undertaken by non-licensee or non-holder of authority contemplated
under Article 13(f) of Presidential Decree No. 442, as amended, otherwise
known as the Labor Code of the Philippines: Provided, That any such nonlicensee or non-holder who, in any manner, offers or promises for a fee
employment abroad to two or more persons shall be deemed so engaged.
6. Illegal recruitment is deemed committed by a syndicate
- refers to illegal recruitment carried out by a group of three (3) or more
persons conspiring or confederating with one another.
36 | P a g e

7. Illegal recruitment is deemed committed in large scale

- refers to illegal recruitment committed against three (3) or more persons
individually or as a group.
II.

VIOLATIONS OF THE LAW

1. The following acts, whether committed by any person, whether a non-licensee,

non-holder, licensee or holder of authority:
a. To charge or accept directly or indirectly any amount greater than that
specified in the schedule of allowable fees prescribed by the Secretary of
Labor and Employment, or to make a worker pay or acknowledge any amount
greater than that actually received by him as a loan or advance
b. To furnish or publish any false notice or information or document in relation to
recruitment or employment;
c. To give any false notice, testimony, information or document or commit any
act of misrepresentation for the purpose of securing a license or authority
under the Labor Code, or for the purpose of documenting hired workers with
the POEA, which include the act of reprocessing workers through a job order
that pertains to nonexistent work, work different from the actual overseas
work, or work with a different employer whether registered or not with the
POEA;
d. To include or attempt to induce a worker already employed to quit his
employment in order to offer him another unless the transfer is designed to
liberate a worker from oppressive terms and conditions of employment;
e. To influence or attempt to influence any person or entity not to employ any
worker who has not applied for employment through his agency or who has
formed, joined or supported, or has contacted or is supported by any union or
workers' organization;
f. To engage in the recruitment or placement of workers in jobs harmful to public
health or morality or to the dignity of the Republic of the Philippines;
g. To fail to submit reports on the status of employment, placement vacancies,
remittance of foreign exchange earnings, separation from jobs, departures
and such other matters or information as may be required by the Secretary of
Labor and Employment;
h. To substitute or alter to the prejudice of the worker, employment contracts
approved and verified by the Department of Labor and Employment from the
37 | P a g e

time of actual signing thereof by the parties up to and including the period of
the expiration of the same without the approval of the Department of Labor
and Employment;
i. For an officer or agent of a recruitment or placement agency to become an
officer or member of the Board of any corporation engaged in travel agency or
to be engaged directly or indirectly in the management of travel agency;
j. To withhold or deny travel documents from applicant workers before
departure for monetary or financial considerations, or for any other reasons,
other than those authorized under the Labor Code and its implementing rules
and regulations;
k. Failure to actually deploy a contracted worker without valid reason as
determined by the Department of Labor and Employment;
l. Failure to reimburse expenses incurred by the worker in connection with his
documentation and processing for purposes of deployment, in cases where
the deployment does not actually take place without the worker's fault. Illegal
recruitment when committed by a syndicate or in large scale shall be
considered an offense involving economic sabotage; and
m. To allow a non-Filipino citizen
recruitment/manning agency.

to

head

or

manage

licensed

2. It shall also be unlawful for any person or entity to commit the following prohibited
acts:
a. Grant a loan to an overseas Filipino worker with interest exceeding eight
percent (8%) per annum, which will be used for payment of legal and
allowable placement fees and make the migrant worker issue, either
personally or through a guarantor or accommodation party, postdated checks
in relation to the said loan;
b. Impose a compulsory and exclusive arrangement whereby an overseas
Filipino worker is required to avail of a loan only from specifically designated
institutions, entities or persons;
c. Refuse to condone or renegotiate a loan incurred by an overseas Filipino
worker after the latter's employment contract has been prematurely
terminated through no fault of his or her own;
d. Impose a compulsory and exclusive arrangement whereby an overseas
Filipino worker is required to undergo health examinations only from
specifically designated medical clinics, institutions, entities or persons, except
38 | P a g e

in the case of a seafarer whose medical examination cost is shouldered by

the principal/ship owner;
e. Impose a compulsory and exclusive arrangement whereby an overseas
Filipino worker is required to undergo training, seminar, instruction or
schooling of any kind only from specifically designated institutions, entities or
persons, except for recommendatory trainings mandated by principals/ship
owners where the latter shoulder the cost of such trainings;
f. For a suspended recruitment/manning agency to engage in any kind of
recruitment activity including the processing of pending workers' applications;
and
g. For a recruitment/manning agency or a foreign principal/employer to pass on
the overseas Filipino worker or deduct from his or her salary the payment of
the cost of insurance fees, premium or other insurance related charges, as
provided under the compulsory worker's insurance coverage.
III.

ELEMENTS FOR COMMITTING VIOLATIONS OF THE LAW

1. The offender has no valid license of authority required by law to enable him to
lawfully engage in the recruitment and placement of workers.
2. The offender undertakes any activity within the meaning of recruiment and
placement defined under Article 13(b) of the Labor Code.
3. The commission of the above-mentioned acts by any person, whether a nonlicensee, non-holder, licensee or holder of authority
4. The commission of the above-mentioned acts by any person, whether a nonlicensee, non-holder, licensee or holder of authority
IV.

PERSONS LIABLE

The persons criminally liable for the above offenses are the principals, accomplices
and accessories. In case of juridical persons, the officers having ownership, control,
management or direction of their business, who are responsible for the commission of
the offense and the responsible employees/agents thereof shall be liable.
V. PENALTIES
1. Any person found guilty of illegal recruitment shall suffer the penalty of
imprisonment of not less than twelve (12) years and one (1) day but not more
39 | P a g e

than twenty (20) years and a fine of not less than One million pesos
(P1,000,000.00) nor more than Two million pesos (P2,000,000.00).
2. The penalty of life imprisonment and a fine of not less than Two million pesos
(P2,000,000.00) nor more than Five million pesos (P5,000,000.00) shall be
imposed if illegal recruitment constitutes economic sabotage as defined therein.
Provided, however, That the maximum penalty shall be imposed if the person
illegally recruited is less than eighteen (18) years of age or committed by a nonlicensee or non-holder of authority.
3. Any person found guilty of any of the prohibited acts shall suffer the penalty of
imprisonment of not less than six (6) years and one (1) day but not more than
twelve (12) years and a fine of not less than Five hundred thousand pesos
(P500,000.00) nor more than One million pesos (P1,000,000.00).
4. If the offender is an alien, he or she shall, in addition to the penalties herein
prescribed, be deported without further proceedings.
In every case, conviction shall cause and carry the automatic revocation of the license
or registration of the recruitment/manning agency, lending institutions, training school or
medical clinic.

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BATAS PAMBANSA BLG. 22

BOUNCING CHECKS LAW
I. DEFINITION OF TERMS
1. Check
- refers to a negotiable instrument that serves as a substitute for money and as
a convenient form of payment in financial transactions and obligations (Mitra
v. People, 05 July 2010). More particularly, a check is a bill of exchange
drawn on a bank payable on demand (Negotiable Instruments Law, Section
185).
2. DAIF Check
- means drawn against insufficient fund. A check becomes DAIF when it is
issued for an amount more than the funds available in a particular account.
3. DAUD Check
- stands for drawn against uncollected deposit. It is a banking phrase
connoting a check with insufficient funds.
4. Indorsed Check
- is one which the present holder acquires of the check from the payee or
another holder after the payee had indorsed.
5. Accommodation Check
- is a check drawn for the purpose of lending a persons name to another
6. Guarantee Check
- it may either be an accommodation or any other kind of check drawn and
delivered to guarantee the performance of a particular obligation.
7. Cross Check
A cross check has the following effects:
a. That the check may not be encashed but only deposited in the bank account;
b. That the check may be negotiated only once to a person who has an account
with a bank; and
c. That the act of accrosing the check serves as a warning to the holder that the
check has been issued for a definite purpose so that he must inquire if he has
secured the check pursuant to that purpose.
8. Credit
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an arrangement or understanding with the bank for the payment of such

check.

9. Issue
- the first delivery of an instrument, complete in form, to a person who takes it
as a holder
10. Prima Facie Evidence of Knowledge of Insufficient Funds
- there is a prima facie evidence of knowledge of insufficiency of funds when
the check was presented within 90 days from the date of appearing on the
check and was dishonored, unless:
a.

Such maker or drawer pays the holder thereof of the amount due thereon
within 5 banking days after receiving notice that such check has not been
paid by the drawee; or

b.

Makes arrangement for payment in full by the drawee of such check within
5 banking days after receiving notice on non-payment.

II. VIOLATIONS OF LAW

1. Making or drawing and issuing of any check to apply on account or for value
knowing at the time of issue, the person making or drawing does not have
sufficient funds in or credit with the drawee bank for the payment of such check
in full upon its presentment, which check is subsequently dishonored by the
drawee bank for insufficiency of funds or credit or would have been dishonored
for the same reason had not the drawer, without any valid reason, ordered the
bank to stop payment. (Paragraph 1, Section 1 of B.P. 22)
2. Having sufficient funds in or credit with the drawee bank when he makes or
draws and issues a check, shall fail to keep sufficient funds or to maintain a
credit to cover the full amount of the check if presented within a period of ninety
(90) days from the date appearing thereon, for which reason it is dishonored by
the drawee bank. (Paragraph 2, Section 1 of B.P. 22)
N.B.
B.P 22 covers accommodation, guarantee and crossed checks.
III. ELEMENTS OF COMMITING VIOLATIONS OF THE LAW
1. Elements of the offense defined in the first paragraph of Section 1 of B.P. 22
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a. A person makes or draws and issues any check.

b. The check is made or drawn and issued to apply on account or for value.
c. The person who makes or draws and issues the check knows at the time of
issue that he does not have sufficient funds in or credit with the drawee bank
for the payment of such check in full upon its presentment.
d. The check is subsequently dishonored by the drawee bank for insufficiency of
funds or credit, or would have been dishonored for the same reason had not
the drawee, without any valid reason, ordered the bank to stop payment.
2. Elements of the offense defined in the second paragraph of Section 1 of B.P. 22
a. A person has sufficient funds in or credit with the drawee bank when he
makes or draws and issues a check.
b. He fails to keep sufficient funds or to maintain a credit to cover the full amount
of the check if presented within a period of 90 days from the date appearing
thereon.
c. The check is dishonored by the drawee bank.
IV. PERSONS LIABLE
1. Any person who makes or draws and issues any check to apply on account or for
value as defined in the first paragraph of Section 1 of B.P. 22.
2. Any person who has sufficient funds in or credit with the drawee bank when he
makes or draws and issues a check as defined in the second paragraph of
Section 1 of B.P. 22.
3. Persons who conspired with one another to commit the prohibited acts under of
B.P. 22.
4. Where the check is drawn by a corporation, company or entity, the person or
persons who actually signed the check in behalf of such drawer shall be liable.
V. PENALTIES
Any person who commits the offense punishable under B.P. 22 shall be punished by
imprisonment of not less than thirty days but not more than one (1) year or by a fine
of not less than but not more than double the amount of the check which fine shall in
no case exceed Two Hundred Thousand Pesos (P200,000.00), or both such fine and
imprisonment at the discretion of the court.
N.B.
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Administrative Circular No. 12-2000 establishes a rule of preference in the

application of the penal provisions of B.P 22 such that where the circumstances
of both the offense and the offender clearly indicates good faith or a clear
mistake of fact without taint of negligence, the imposition of fine alone should
be considered as the more appropriate penalty. Needless to say, the
determination of whether the circumstances warrant the imposition of fine alone
rests solely upon the judge. Should the judge decide that imprisonment is the
more appropriate penalty, Administrative Circular No. 12-2000 ought not to be
deemed a hindrance.
The discretion lies on the Court whether or not they will impose the penalty of
imprisonment in cases of violation of BP 22.

Republic Act 9160

ANTI-MONEY LAUNDERING ACT OF 2001
I.

DEFINITION OF TERMS

1. Money Laundering
- is a crime whereby the proceeds of an unlawful activity as defined in the
AMLA are transacted or attempted to be transacted to make them appear to
have originated from legitimate sources.
2. Covered institution
- refers to:
a. banks, non-banks, quasi-banks, trust entities, and all other institutions and
their subsidiaries and affiliates supervised or regulated by the Bangko Sentral
ng Pilipinas (BSP);

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b. insurance companies and all other institutions supervised or regulated by the

Insurance Commission; and
c.
i. securities dealers, brokers, salesmen, investment houses and other
similar entities managing securities or rendering services as investment
agent, advisor, or consultant;
ii. mutual funds, close-end investment companies, common trust funds,
pre-need companies and other similar entities;
iii. foreign exchange corporations, money changers, money payment,
remittance, and transfer companies and other similar entities; and
iv. other entities administering or otherwise dealing in currency,
commodities or financial derivatives based thereon, valuable objects,
cash substitutes and other similar monetary instruments or property
supervised or regulated by the Securities and Exchange Commission.
3. Covered transaction
- is a single, series, or combination of transactions involving a total amount in
excess of Four Million Philippine pesos (PhP4,000,000.00) or an equivalent
amount in foreign currency based on the prevailing exchange rate within five
(5) consecutive banking days except those between a covered institution and
a person who, at the time of the transaction was a properly identified client
and the amount is commensurate with the business or financial capacity of
the client; or those with an underlying legal or trade obligation, purpose, origin
or economic justification.
- it likewise refers to a single, series or combination or pattern of unusually
large and complex transactions in excess of Four Million Philippine pesos
(PhP4,000,000.00) especially cash deposits and investments having no
credible purpose or origin, underlying trade obligation or contract.
4. Monetary instrument
- refers to:
a. coins or currency of legal tender of the Philippines, or of any other country;
b. drafts, checks and notes;

45 | P a g e

c. securities or negotiable instruments, bonds, commercial papers, deposit

certificates, trust certificates, custodial receipts or deposit substitute
instruments, trading orders, transaction tickets and confirmations of sale or
investments and money market instruments; and
d. other similar instruments where title thereto passes to another by
endorsement, assignment or delivery.
2. Offender
- refers to any person who commits a money laundering offense.
3. Person
- refers to any natural or juridical person.
4. Proceeds
- refers to an amount derived or realized from an unlawful activity.
5. Supervising Authority
- refers to the appropriate supervisory or regulatory agency, department or office
supervising or regulating the covered institutions enumerated in Section 3(a).
6. Transaction
- refers to any act establishing any right or obligation or giving rise to any
contractual or legal relationship between the parties thereto. It also includes any
movement of funds by any means with a covered institution.
7. Unlawful activity
- refers to any act or omission or series or combination thereof involving or
having relation to the following:
a. Kidnapping for ransom under Article 267 of Act No. 3815, otherwise known as
the Revised Penal Code;
b. Sections 3, 4, 5, 7, 8 and 9 of Article Two of Republic Act No. 6425, as
amended, otherwise known as the Dangerous Drugs Act of 1972;
c. Section 3 paragraphs B, C, E, G, H and I of Republic Act No. 3019, as
amended, otherwise known as the Anti-Graft and Corrupt Practices Act;
d. Plunder under Republic Act No. 7080, as amended;
e. Robbery and extortion under Articles 294, 295, 296, 299, 300, 301 and 302 of
the Revised Penal Code, as amended;
f. Jueteng and Masiao punished as illegal gambling under Presidential Decree
No. 1602;
46 | P a g e

g. Piracy on the high seas under the Revised Penal Code, as amended and
Presidential Decree No. 532;
h. Qualified theft under Article 310 of the Revised Penal Code, as amended;
i. Swindling under Article 315 of the Revised Penal Code, as amended;
j. Smuggling under Republic Act Nos. 455 and 1937;
k. Violations under Republic Act No. 8792, otherwise known as the Electronic
Commerce Act of 2000;
l. Hijacking and other violations under Republic Act No. 6235; destructive arson
and murder, as defined under the Revised Penal Code, as amended including
those perpetrated by terrorists against non-combatant persons and similar
targets;
m. Fraudulent practices and other violations under Republic Act No. 8799,
otherwise known as the Securities Regulation Code of 2000;
n. Felonies or offenses of a similar nature that are punishable under the penal
laws of other countries.
II. VIOLATIONS OF LAW
Unlawful Activity is the offense which generates dirty money or property. It is
commonly called the predicate crime. It refers to any act or omission or series or
combination thereof involving or having direct relation to the following:
1. Kidnapping for ransom
2. Drug trafficking and related offenses
3. Graft and corrupt practices
4. Plunder
5. Robbery and Extortion
6. Jueteng and Masiao
7. Piracy
8. Qualified theft
9. Swindling
10. Smuggling
11. Violations under the Electronic Commerce Act of 2000
12. Hijacking; destructive arson; and murder, including those perpetrated by
terrorists against non-combatant persons and similar targets
13. Fraudulent practices and other violations under the Securities Regulation
Code of 2000
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14. Felonies or offenses of a similar nature that are punishable under the penal
laws of other countries.
15. Terrorism financing and organizing or directing others to commit terrorism
financing (R.A. 10168).
16. Attempt/conspiracy to commit terrorism financing and organizing or directing
others to commit terrorism financing (R.A. 10168).
17. Attempt/conspiracy to commit dealing with property or funds of designated
person.
18. Accomplice to terrorism financing or conspiracy to commit terrorism financing.
19. Accessory to terrorism financing.
III. ELEMENTS OF COMMITTING VIOLATIONS OF LAW
1. Knowingly
transacting
or
attempting
to
transact
any
monetary
instrument/property which represents, involves or relates to the proceeds of an
unlawful activity. Penalty is 7 to 14 years imprisonment and a fine of not less than
P3M but not more than twice the value of the monetary instrument/property.
2. Knowingly performing or failing to perform an act in relation to any monetary
instrument/property involving the proceeds of any unlawful activity as a result of
which he facilitated the offense of money laundering. Penalty is 4 to 7 years
imprisonment and a fine of not less than P1.5M but not more than P3M.
3. Knowingly failing to disclose and file with the AMLC any monetary
instrument/property required to be disclosed and filed. Penalty is 6 months to 4
years imprisonment or a fine of not less than P100,000 but not more than
P500,000, or both.

IV.

PERSONS LIABLE

1. Any person knowing that any monetary instrument or property represents,

involves, or relates to, the proceeds of any unlawful activity, transacts or attempts
to transact said monetary instrument or property.
2. Any person knowing that any monetary instrument or property involves the
proceeds of any unlawful activity, performs or fails to perform any act as a result
of which he facilitates the offense of money laundering referred to in paragraph
(a) above.
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3. Any person knowing that any monetary instrument or property is required under
this Act to be disclosed and filed with the Anti-Money Laundering Council
(AMLC), fails to do so.

V.

PENALTIES

1. Penalties for the Crime of Money Laundering are as follows;

a. The penalty of imprisonment ranging from seven (7) to fourteen (14) years
and a fine of not less than Three Million Philippine pesos (PhP3,000,000.00)
but not more than twice the value of the monetary instrument or property
involved in the offense, shall be imposed upon a person convicted under
Section 4(a) of this Act.
b. The penalty of imprisonment from four (4) to seven (7) years and a fine of not
less than One million five hundred thousand Philippine pesos
(PhP1,500,000.00) but not more than Three million Philippine pesos
(PhP3,000,000.00), shall be imposed upon a person convicted under Section
4(b) of this Act.
c. The penalty of imprisonment from six (6) months to four (4) years or a fine of
not less than One hundred thousand Philippine pesos (PhP100,000.00) but
not more than Five hundred thousand Philippine pesos (PhP500,000.00), or
both, shall be imposed on a person convicted under Section 4(c) of this Act.
2. Penalties for Failure to Keep Records
The penalty of imprisonment from six (6) months to one (1) year or a fine of not
less than One hundred thousand Philippine pesos (PhP100,000.00) but not more
than Five hundred thousand Philippine pesos (PhP500,000.00), or both, shall be
imposed on a person convicted under Section 9(b) of this Act.
3. Malicious Reporting.
Any person who, with malice, or in bad faith, reports or files a completely
unwarranted or false information relative to money laundering transaction against
any person shall be subject to a penalty of six (6) months to four (4) years
imprisonment and a fine of not less than One hundred thousand Philippine pesos
(PhP100,000.00) but not more than Five hundred thousand Philippine pesos
(PhP500,000.00), at the discretion of the court: Provided, That the offender is not
entitled to avail the benefits of the Probation Law.
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4. If the offender is a corporation, association, partnership or any juridical person,

the penalty shall be imposed upon the responsible officers, as the case may be,
who participated in the commission of the crime or who shall have knowingly
permitted or failed to prevent its commission. If the offender is a juridical person,
the court may suspend or revoke its license. If the offender is an alien, he shall,
in addition to the penalties herein prescribed, be deported without further
proceedings after serving the penalties herein prescribed. If the offender is a
public official or employee, he shall, in addition to the penalties prescribed herein,
suffer perpetual or temporary absolute disqualification from office, as the case
may be.
5. Any public official or employee who is called upon to testify and refuses to do the
same or purposely fails to testify shall suffer the same penalties prescribed
herein.
6. Breach of Confidentiality
The punishment of imprisonment ranging from three (3) to eight (8) years and a
fine of not less than Five hundred thousand Philippine pesos (PhP500,000.00)
but not more than One million Philippine pesos (PhP1,000,000.00), shall be
imposed on a person convicted for a violation under Section 9(c).

Republic Act No. 9208

ANTI-TRAFFICKING IN PERSONS ACT OF 2003

I.

DEFINITION OF TERMS

1. Trafficking in Persons
- refers to the recruitment, transportation, transfer or harboring, or receipt of
persons with or without the victim's consent or knowledge, within or across
national borders by means of threat or use of force, or other forms of
coercion, abduction, fraud, deception, abuse of power or of position, taking
advantage of the vulnerability of the person, or, the giving or receiving of
50 | P a g e

payments or benefits to achieve the consent of a person having control over

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

52 | P a g e

6. To adopt or facilitate the adoption of persons for the purpose of prostitution,

pornography, sexual exploitation, forced labor, slavery, involuntary servitude or
debt bondage;
7. To recruit, hire, adopt, transport or abduct a person, by means of threat or use of
force, fraud, deceit, violence, coercion, or intimidation for the purpose of removal
or sale of organs of said person; and
8. To recruit, transport or adopt a child to engage in armed activities in the
Philippines or abroad.
9. To knowingly lease or sublease, use or allow to be used any house, building or
establishment for the purpose of promoting trafficking in persons;
10. To produce, print and issue or distribute unissued, tampered or fake counseling
certificates, registration stickers and certificates of any government agency which
issues these certificates and stickers as proof of compliance with government
regulatory and pre-departure requirements for the purpose of promoting
trafficking in persons;
11. To advertise, publish, print, broadcast or distribute, or cause the advertisement,
publication, printing, broadcasting or distribution by any means, including the use
of information technology and the internet, of any brochure, flyer, or any
propaganda material that promotes trafficking in persons;
12. To assist in the conduct of misrepresentation or fraud for purposes of facilitating
the acquisition of clearances and necessary exit documents from government
agencies that are mandated to provide pre-departure registration and services for
departing persons for the purpose of promoting trafficking in persons;
13. To facilitate, assist or help in the exit and entry of persons from/to the country at
international and local airports, territorial boundaries and seaports who are in
possession of unissued, tampered or fraudulent travel documents for the purpose
of promoting trafficking in persons;
14. To confiscate, conceal, or destroy the passport, travel documents, or personal
documents or belongings of trafficked persons in furtherance of trafficking or to
prevent them from leaving the country or seeking redress from the government or
appropriate agencies; and
15. To knowingly benefit from, financial or otherwise, or make use of, the labor or
services of a person held to a condition of involuntary servitude, forced labor, or
slavery.
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Qualified trafficking
1. When the trafficked person is a child;
2. When the adoption is effected through Republic Act No. 8043, otherwise known
as the "Inter-Country Adoption Act of 1995" and said adoption is for the purpose
of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary
servitude or debt bondage;
3. When the crime is committed by a syndicate, or in large scale. Trafficking is
deemed committed by a syndicate if carried out by a group of three (3) or more
persons conspiring or confederating with one another. It is deemed committed in
large scale if committed against three (3) or more persons, individually or as a
group;
4. When the offender is an ascendant, parent, sibling, guardian or a person who
exercises authority over the trafficked person or when the offense is committed
by a public officer or employee;
5. When the trafficked person is recruited to engage in prostitution with any member
of the military or law enforcement agencies;
6. When the offender is a member of the military or law enforcement agencies; and
7. When by reason or on occasion of the act of trafficking in persons, the offended
party dies, becomes insane, suffers mutilation or is afflicted with Human
Immunodeficiency Virus (HIV) or the Acquired Immune Deficiency Syndrome
(AIDS).
IV. ELEMENTS FOR COMMITTING VIOLATIONS OF THE LAW
1. That a person involves in the Recruitment, transportation, transfer, harbouring or
receipt of persons.
2. That threat or use of force, coercion, abduction, fraud, deception, abuse of power
or vulnerability, or giving payments or benefits to a person in control of the victim
has been used against the victim.
3. It has been committed for the purpose of exploitation, which includes exploiting
the prostitution of others, sexual exploitation, forced labour, slavery or similar
practices and the removal of organs.
V. PENALTIES
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4. The following penalties and sanctions are hereby established for the offenses
enumerated in this Act:
a. Any person found guilty of committing any of the acts enumerated in Section
4 shall suffer the penalty of imprisonment of twenty (20) years and a fine of
not less than One million pesos (P1,000,000.00) but not more than Two
million pesos (P2,000,000.00);
b. Any person found guilty of committing any of the acts enumerated in Section
5 shall suffer the penalty of imprisonment of fifteen (15) years and a fine of
not less than Five hundred thousand pesos (P500,000.00) but not more than
One million pesos (P1,000,000.00);
c. Any person found guilty of qualified trafficking under Section 6 shall suffer the
penalty of life imprisonment and a fine of not less than Two million pesos
(P2,000,000.00) but not more than Five million pesos (P5,000,000.00);
d. Any person who violates Section 7 hereof shall suffer the penalty of
imprisonment of six (6) years and a fine of not less than Five hundred
thousand pesos (P500,000.00) but not more than One million pesos
(P1,000,000.00);
e. If the offender is a corporation, partnership, association, club, establishment
or any juridical person, the penalty shall be imposed upon the owner,
president, partner, manager, and/or any responsible officer who participated
in the commission of the crime or who shall have knowingly permitted or
failed to prevent its commission;
f. The registration with the Securities and Exchange Commission (SEC) and
license to operate of the erring agency, corporation, association, religious
group, tour or travel agent, club or establishment, or any place of
entertainment shall be cancelled and revoked permanently. The owner,
president, partner or manager thereof shall not be allowed to operate similar
establishments in a different name;
g. If the offender is a foreigner, he shall be immediately deported after serving
his sentence and be barred permanently from entering the country;
h. Any employee or official of government agencies who shall issue or approve
the issuance of travel exit clearances, passports, registration certificates,
counseling certificates, marriage license, and other similar documents to
persons, whether juridical or natural, recruitment agencies, establishments or
55 | P a g e

other individuals or groups, who fail to observe the prescribed procedures and
the requirement as provided for by laws, rules and regulations, shall be held
administratively liable, without prejudice to criminal liability under this Act. The
concerned government official or employee shall, upon conviction, be
dismissed from the service and be barred permanently to hold public office.
His/her retirement and other benefits shall likewise be forfeited; and
i. Conviction by final judgment of the adopter for any offense under this Act
shall result in the immediate rescission of the decree of adoption.
5. Any person who buys or engages the services of trafficked persons for
prostitution shall be penalized as follows:
a. First offense - six (6) months of community service as may be determined by
the court and a fine of Fifty thousand pesos (P50,000.00); and
b. Second and subsequent offenses - imprisonment of one (1) year and a fine of
One hundred thousand pesos (P100,000.00).

Republic Act No. 7080

AN ACT DEFINING AND PENALIZING THE CRIME OF PLUNDER
I. DEFINITION OF TERMS
1. Public Officer
- means any person holding any public office in the Government of the Republic
of the Philippines by virtue of an appointment, election or contract.
2. Government
- includes the National Government, and any of its subdivisions, agencies or
instrumentalities, including government-owned or -controlled corporations and
their subsidiaries.
3. Person
- includes any natural or juridical person, unless the context indicates otherwise.
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4. Ill-gotten wealth
- means any asset, property, business enterprise or material possession of any
person within the purview of Section Two (2) hereof, acquired by him directly or
indirectly through dummies, nominees, agents, subordinates and/or business
associates by any combination or series of the following means or similar
schemes:
a. Through misappropriation, conversion, misuse, or malversation of public
funds or raids on the public treasury;
b. By receiving, directly or indirectly, any commission, gift, share, percentage,
kickbacks or any other form of pecuniary benefit from any person and/or
entity in connection with any government contract or project or by reason of
the office or position of the public officer concerned;
c. By the illegal or fraudulent conveyance or disposition of assets belonging to
the National Government or any of its subdivisions, agencies or
instrumentalities or government-owned or -controlled corporations and their
subsidiaries;
d. By obtaining, receiving or accepting directly or indirectly any shares of stock,
equity or any other form of interest or participation including promise of future
employment in any business enterprise or undertaking;
e. By establishing agricultural, industrial or commercial monopolies or other
combinations and/or implementation of decrees and orders intended to
benefit particular persons or special interests; or
f. By taking undue advantage of official position, authority, relationship,
connection or influence to unjustly enrich himself or themselves at the
expense and to the damage and prejudice of the Filipino people and the
Republic of the Philippines.
II.

VIOLATION OF LAWS

1. Through misappropriation, conversion, misuse, or malversation of public funds or

raids on the public treasury;

57 | P a g e

2. By receiving, directly or indirectly, any commission, gift, share, percentage,

kickbacks or any other form of pecuniary benefit from any person and/or entity in
connection with any government contract or project or by reason of the office or
position of the public officer concerned;
3. By the illegal or fraudulent conveyance or disposition of assets belonging to the
National Government or any of its subdivisions, agencies or instrumentalities or
government-owned or -controlled corporations and their subsidiaries;
4. By obtaining, receiving or accepting directly or indirectly any shares of stock,
equity or any other form of interest or participation including promise of future
employment in any business enterprise or undertaking;
5. By establishing agricultural, industrial or commercial monopolies or other
combinations and/or implementation of decrees and orders intended to benefit
particular persons or special interests; or
6. By taking undue advantage of official position, authority, relationship, connection
or influence to unjustly enrich himself or themselves at the expense and to the
damage and prejudice of the Filipino people and the Republic of the Philippines.
III.

ELEMENTS OF COMMITTING VIOLATION OF THE LAWS

IV.

PERSON LIABLE

Any public officer who, by himself or in connivance with members of his family,
relatives by affinity or consanguinity, business associates, subordinates or other
persons, amasses, accumulates or acquires ill-gotten wealth through a combination
or series of overt or criminal acts as described in Section 1(d) hereof, in the
aggregate amount or total value of at least Seventy-five million pesos
(P75,000,000.00), shall be guilty of the crime of plunder.

V.

PENALTIES

A public officer shall be punished by life imprisonment with perpetual absolute

disqualification from holding any public office. Any person who participated with said
public officer in the commission of plunder shall likewise be punished. In the
imposition of penalties, the degree of participation and the attendance of mitigating
and extenuating circumstances shall be considered by the court. The court shall
declare any and all ill-gotten wealth and their interests and other incomes and assets
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including the properties and shares of stock derived from the deposit or investment
thereof forfeited in favor of the State.

Republic Act No. 1379.

AN ACT DECLARING FORFEITURE IN FAVOR OF THE STATE ANY
PROPERTY FOUND TO HAVE BEEN UNLAWFULLY ACQUIRED BY
ANY PUBLIC OFFICER OR EMPLOYEE AND PROVIDING FOR THE
PROCEEDINGS THEREFOR.
I.

DEFINITION OF TERMS

1. Public officer or employee

- any person holding any public office or employment by virtue of an
appointment, election or contract; any person holding any office or
employment, by appointment or contract, in any State owned or controlled
corporation or enterprise
2. Other legitimately acquired property
- any real or personal property, money or securities which the respondent has
at any time acquired by inheritance and the income thereof, or by gift inter
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vivos before his becoming a public officer or employee; or any property (or
income thereof) already pertaining to him when he qualified for public office or
employment, or the fruits and income of the exclusive property of the
respondent's spouse.
II.

VIOLATIONS OF LAW

1. Property is unlawfully acquired by the respondent, but its ownership is concealed

by its being recorded in the name of, or held by, the respondent's spouse,
ascendants, descendants, relatives, or any other person.
2. Property is unlawfully acquired by the respondent, but transferred by him to
another person or persons on or after the effectivity of this Act.
3. Property donated to the respondent during his incumbency, unless he can prove
to the satisfaction of the court that the donation is lawful.
III.

ELEMENTS FOR COMMITTING VIOLATIONS OF THE LAW

1. Person must be a public officer or employee;

2. Value of property acquired during his incumbency is manifestly out of proportion to
his salary or to his other lawful income and the income from legitimately acquired
property;
3. Ownership of the property may be (a) concealed by its recording in the name of or
held by the spouse, ascendants, descendants, relatives or any other person; (b)
transferred to another person on or after the effectivity of this Act; or(c) donated to
the respondent during his incumbency unless lawful.

IV. PERSONS LIABLE

1. Any public officer or employee who shall, after the effective date of this Act,
transfer or convey any unlawfully acquired property.
2. Any person who shall knowingly accept such transfer or conveyance.
V. PENALTIES
Imprisonment for a term not exceeding five years, or a fine not exceeding ten
thousand pesos, or both such imprisonment and fine.
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Republic Act No. 6713

AN ACT ESTABLISHING A CODE OF CONDUCT AND ETHICAL
STANDARDS FOR PUBLIC OFFICIALS AND EMPLOYEES, TO
UPHOLD THE TIME-HONORED PRINCIPLE OF PUBLIC OFFICE BEING
A PUBLIC TRUST, GRANTING INCENTIVES AND REWARDS FOR
EXEMPLARY SERVICE, ENUMERATING PROHIBITED ACTS AND
TRANSACTIONS AND PROVIDING PENALTIES FOR VIOLATIONS
THEREOF AND FOR OTHER PURPOSES

I.

DEFITION OF TERMS

1. Government
- includes the National Government, the local governments, and all other
instrumentalities, agencies or branches of the Republic of the Philippines
including government-owned or controlled corporations, and their
subsidiaries.
2. Public Officials
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includes elective and appointive officials and employees, permanent or

temporary, whether in the career or non-career service, including military and
police personnel, whether or not they receive compensation, regardless of
amount.

3. Gift
- refers to a thing or a right to dispose of gratuitously, or any act or liberality, in
favor of another who accepts it, and shall include a simulated sale or an
ostensibly onerous disposition thereof. It shall not include an unsolicited gift of
nominal or insignificant value not given in anticipation of, or in exchange for, a
favor from a public official or employee.
4. Receiving any gift
- includes the act of accepting directly or indirectly, a gift from a person other
than a member of his family or relative as defined in this Act, even on the
occasion of a family celebration or national festivity like Christmas, if the value
of the gift is neither nominal nor insignificant, or the gift is given in anticipation
of, or in exchange for, a favor.
5. Loan
- covers both simple loan and commodatum as well as guarantees, financing
arrangements or accommodations intended to ensure its approval.
6. Substantial stockholder
- means any person who owns, directly or indirectly, shares of stock sufficient
to elect a director of a corporation. This term shall also apply to the parties to
a voting trust.
7. Family of public officials or employees
- means their spouses and unmarried children under eighteen (18) years of
age.
8. Person
- includes natural and juridical persons unless the context indicates otherwise.
9. Conflict of interest
- arises when a public official or employee is a member of a board, an officer,
or a substantial stockholder of a private corporation or owner or has a
substantial interest in a business, and the interest of such corporation or
business, or his rights or duties therein, may be opposed to or affected by the
faithful performance of official duty.
10. Divestment
is the transfer of title or disposal of interest in property by voluntarily,
completely and actually depriving or dispossessing oneself of his right or title
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to it in favor of a person or persons other than his spouse and relatives as

defined in this Act.
11. Relatives
- refers to any and all persons related to a public official or employee within the
fourth civil degree of consanguinity or affinity, including bilas, inso and balae.

II.

VIOLATIONS OF THE LAW

1. Prohibited Acts and Transactions (Section 7)
2. Statements and Disclosure (Section 8).
3. Divestment (Section 9)

III.

ELEMENTS OF COMMITTING VIOLATIONS OF THE LAW

1. That the offender is a public officer or employee.

2. That such public officer or employee, directly or indirectly, has any financial or
material interest in any transaction requiring the approval of their office.
3. Public officials and employees during their incumbency for one year shall not:
a. Own, control, manage or accept employment as officer, employee,
consultant, counsel, broker, agent, trustee or nominee in any private
enterprise regulated, supervised or licensed by their office unless
expressly allowed by law;
b. Engage in the private practice of their profession unless authorized by
the Constitution or law, provided, that such practice will not conflict or tend
to conflict with their official functions; or
c. Recommend any person to any position in a private enterprise
4. Public officials and employees shall not use or divulge, confidential or classified
information officially known to them by reason of their office and not made
available to the public, either:
a. To further their private interests, or give undue advantage to anyone; or
b. To prejudice the public interest.

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Public officials and employees shall not solicit or accept, directly or

indirectly, any gift, gratuity, favor, entertainment, loan or anything of
monetary value from any person in the course of their official duties or in
connection with any operation being regulated by, or any transaction
which may be affected by the functions of their office.
5. As to gifts or grants from foreign governments, the Congress consents to:

a. The acceptance and retention by a public official or employee of a gift of

nominal value tendered and received as a souvenir or mark of courtesy;
(ii) The acceptance by a public official or employee of a gift in the nature of
a scholarship or fellowship grant or medical treatment; or
(iii) The acceptance by a public official or employee of travel grants or
expenses for travel taking place entirely outside the Philippine (such as
allowances, transportation, food, and lodging) of more than nominal value
if such acceptance is appropriate or consistent with the interests of the
Philippines, and permitted by the head of office, branch or agency to
which he belongs.
Statements and Disclosure.
1. Public officials and employees have an obligation to accomplish and submit
declarations under oath of, and the public has the right to know, their assets,
liabilities, net worth and financial and business interests including those of their
spouses and of unmarried children under eighteen (18) years of age living in their
households.
2. All public officials and employees, except those who serve in an honorary
capacity, laborers and casual or temporary workers, shall file under oath their
Statement of Assets, Liabilities and Net Worth and a Disclosure of Business
Interests and Financial Connections and those of their spouses and unmarried
children under eighteen (18) years of age living in their households.
The two documents shall contain information on the following:
a. real property, its improvements, acquisition costs, assessed value and current
fair market value;
b. personal property and acquisition cost;
c. all other assets such as investments, cash on hand or in banks, stocks,
bonds, and the like;
64 | P a g e

i. liabilities, and;
ii. all business interests and financial connections.
The documents must be filed:
a. within thirty (30) days after assumption of office;
b. on or before April 30, of every year thereafter; and
c. within thirty (30) days after separation from the service.
Divestment.
1. A public official or employee shall avoid conflicts of interest at all times. When a
conflict of interest arises, he shall resign from his position in any private business
enterprise within thirty (30) days from his assumption of office and/or divest
himself of his shareholdings or interest within sixty (60) days from such
assumption.
2. The same rule shall apply where the public official or employee is a partner in a
partnership.
3. The requirement of divestment shall not apply to those who serve the
Government in an honorary capacity nor to laborers and casual or temporary
workers.
IV.

PERSONS LIABLE

1. Any public official or employee, regardless of whether or not he holds office or

employment in a casual, temporary, holdover, permanent or regular capacity,
committing any violation of this Act
2. Private individuals who participate in conspiracy as co-principals, accomplices or
accessories, with public officials or employees, in violation of this Act
3. Any person who obtains or uses a report for any purpose prohibited by Section 8
(D) of this Act
V.

PENALTIES

1. Any public official or employee, regardless of whether or not he holds office or

employment in a casual, temporary, holdover, permanent or regular capacity,
committing any violation of this Act shall be punished with a fine not exceeding
the equivalent of six (6) months' salary or suspension not exceeding one (1) year,
or removal depending on the gravity of the offense after due notice and hearing
65 | P a g e

by the appropriate body or agency. If the violation is punishable by a heavier

penalty under another law, he shall be prosecuted under the latter statute.
Violations of Sections 7, 8 or 9 of this Act shall be punishable with imprisonment
not exceeding five (5) years, or a fine not exceeding five thousand pesos
(P5,000), or both, and, in the discretion of the court of competent jurisdiction,
disqualification to hold public office.
2. Any violation hereof proven in a proper administrative proceeding shall be
sufficient cause for removal or dismissal of a public official or employee, even if
no criminal prosecution is instituted against him.
3. Private individuals who participate in conspiracy as co-principals, accomplices or
accessories, with public officials or employees, in violation of this Act, shall be
subject to the same penal liabilities as the public officials or employees and shall
be tried jointly with them.
4. The official or employee concerned may bring an action against any person who
obtains or uses a report for any purpose prohibited by Section 8 (D) of this Act.
The Court in which such action is brought may assess against such person a
penalty in any amount not to exceed twenty-five thousand pesos (P25,000). If
another sanction hereunder or under any other law is heavier, the latter shall
apply.

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Republic Act. 7438

CUSTODIAL INVESTIGATION

I.

DEFINITION OF TERMS

1. Custodial Investigation
- involves any questioning initiated by law enforcement officers after a person
has been taken into custody or otherwise deprived of his freedom of action in
any significant way. It is only after the investigation ceases to be a general
inquiry into an unsolved crime and begins to focus on a particular suspect, the
suspect is taken into custody, and the police carries out a process of
interrogations that lends itself to eliciting incriminating statements that the rule
begins to operate.

II.

VIOLATIONS LAWS

Once a person has been taken into police custody the rules of RA 7438 are to be
applied otherwise the right of the accused under custodial investigation is violated.
III.

ELEMENTS OF COMMITING VIOLATIONS OF THE LAW

1. That the accused is under custodial investigation

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2. That the police or any investigating officer has violate the rights of the accused
under custodial investigation.

IV.

PERSON LIABLE

1. The arresting officer fails to inform the detainee or arrested person of his rights
and dont provide a counse
2. Obstructing counsel, immediate family members, doctors, priests or religious
ministers from visiting or conferring with the detainee at any time of the day (or
night in urgent cases, like when the detainee needs to have the sacrament of
anointing the sick administered to him)
3. A person under a normal audit investigation is not considered to be under
custodial investigation since a COA audit examiner isn't considered an arresting
officer under RA 7438 (Navallo vs. Sandiganbayan, 234 SCRA 175.)

V.

PENALTIES

1. If the arresting officer fails to inform the detainee or arrested person of his rights,
he will be sentenced to 8 to 10 years' imprisonment and/or a fine of Php6,000.
And if he was previously convicted for a similar offense, he gets perpetual
absolute disqualification as well.
2. The same penalty will also apply if the detainee or arrested person can't afford
counsel's services and the arresting officers/authorities don't provide counsel.
3. Obstructing counsel, immediate family members, doctors, priests or religious
ministers from visiting or conferring with the detainee at any time of the day (or
night in urgent cases, like when the detainee needs to have the sacrament of
anointing the sick administered to him) will be penalized by 4 to 6 years'
imprisonment and a fine of Php4,000.

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Presidential Decree No. 1829

OBSTRUCTION OF JUSTICE

I.

DEFINITION OF TERMS

1. Obstruction of Justice
- a criminal offense that involves interference, through words or actions, with th
e properoperations of a court or officers of the court.
II.

VIOLATIONS OF THE LAW

Under Section 1, any person who knowingly or willfully obstructs, impedes, frustrates
or delays the apprehension of suspects and the investigation and prosecution of
criminal cases by committing any of the following acts:
a. Preventing witnesses from testifying in any criminal proceeding or from reporting
the commission of any offense or the identity of any offender/s by means of
bribery, misrepresentation, deceit, intimidation, force or threats;
b. Altering, destroying, suppressing or concealing any paper, record, document, or
object, with intent to impair its verity, authenticity, legibility, availability, or
admissibility as evidence in any investigation of or official proceedings in, criminal
cases, or to be used in the investigation of, or official proceedings in, criminal
cases;
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c. Harboring or concealing, or facilitating the escape of, any person he knows, or

has reasonable ground to believe or suspect, has committed any offense under
existing penal laws in order to prevent his arrest prosecution and conviction;
d. Publicly using a fictitious name for the purpose of concealing a crime, evading
prosecution or the execution of a judgment, or concealing his true name and
other personal circumstances for the same purpose or purposes;
e. Delaying the prosecution of criminal cases by obstructing the service of process
or court orders or disturbing proceedings in the fiscal's offices, in Tanodbayan, or
in the courts;
f. Making, presenting or using any record, document, paper or object with
knowledge of its falsity and with intent to affect the course or outcome of the
investigation of, or official proceedings in, criminal cases;
g. Soliciting, accepting, or agreeing to accept any benefit in consideration of
abstaining from, discounting, or impeding the prosecution of a criminal offender;
h. Threatening directly or indirectly another with the infliction of any wrong upon his
person, honor or property or that of any immediate member or members of his
family in order to prevent such person from appearing in the investigation of, or
official proceedings in, criminal cases, or imposing a condition, whether lawful or
unlawful, in order to prevent a person from appearing in the investigation of or in
official proceedings in, criminal cases;
i. Giving of false or fabricated information to mislead or prevent the law
enforcement agencies from apprehending the offender or from protecting the life
or property of the victim; or fabricating information from the data gathered in
confidence by investigating authorities for purposes of background information
and not for publication and publishing or disseminating the same to mislead the
investigator or to the court.

III.

ELEMENTS OF COMMITING VIOLATIONS OF THE LAW

1. That a person knows that the accused has committed an offense.

2. That he lawfully or willfully obstructs, impedes, frustrates or delays the
apprehension of suspects and the investigation and prosecution of criminal
cases:

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IV.

PERSONS LIABLE

Any person whether public or private who commits the acts punishable under
Section one of PD 1829
.
V.

PENALTIES

The Penalty is imprisonment, fine or both. Imprisonment ranges from 4 years 2

months and 1 day to 6 years. The fine ranges from Php1,000.00 to 6,000.00

Republic Act No. 8049

ANTI HAZING LAW
I.

DEFINITION OF TERMS

1. Hazing
- an initiation rite or practice as a prerequisite for admission into membership in
a fraternity, sorority or organization by placing the recruit neophyte or
applicant in some embarrassing or humiliating situations such as forcing him
to do menial, silly, foolish and similar tasks or activities or otherwise
subjecting him to physical or psychological suffering or injury.
2. Organization
- shall include any club or the AFP, PNP, PMA, or officer and cadet corp of the
Citizen's Military Training, or Citizen's Army Training, provided that the
physical, mental and psychological testing and training procedure and
practices to determine and enhance the physical, mental and psychological
fitness of prospective regular members of the AFP and the PNP as approved
by the Secretary of National Defense and the NAPOLCOM duly
recommended by the Chief of Staff, AFP and the Director General of the PNP
shall not be considered as hazing for the purpose of this Act.
II.

VIOLATIONS OF LAW

1. No hazing or initiation rites in any form or manner by a fraternity, sorority or

organization shall be allowed without prior written notice to the school authorities
71 | P a g e

or head of organization seven (7) days before the conduct of such initiation. The
written notice shall indicate the period of the initiation activities which shall not
exceed three (3) days, shall include the names of those to be subjected to such
activities, and shall further contain an undertaking that no physical violence be
employed by anybody during such initiation rites.
2. The head of the school or organization or their representatives must assign at
least two (2) representatives of the school or organization as the case may be, to
be present during the initiation. It is the duty of such representative to see to it
that no physical harm of any kind shall be inflicted upon a recruit, neophyte or
applicant.
III.

ELEMENTS OF COMMITING VIOLATIONS OF THE LAW

1. The act is a prerequisite for admission into membership in a fraternity, sorority or

organization; hence, if the victim is already a member, there is no violation of the
anti-hazing law but the illegal act is punishable by the Revised Penal Code;
2. The recruit, neophyte or applicant is placed in either of the following situations:
a.
b.
c.
d.
IV.

embarrassing situation;
humiliating situation;
is subjected to physical suffering or injury; or
is subjected to psychological suffering or injury
PERSONS LIABLE

1. The officers and members who actually participated in the infliction of physical
harm shall be liable as principals.
2. The owner of the place
a. He is liable as an accomplice (if he is not a parent of any officer or member of
the fraternity); or
b. He is liable as a principal (if he is a parent of any officer or member of the
fraternity);
but in both cases he has actual knowledge thereof but failed to take any action to
prevent the illegal act from occurring.
3. School authorities and faculty
They are liable as accomplices
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a. If they consent to the hazing, or

b. If they have actual knowledge thereof but failed to take any action to prevent
the same from occurring in both cases.
4. The officers or members who knowingly cooperated in carrying out the hazing by
inducing the victim to be present thereat, shall be liable as principals.
V.

PENALTIES

The person or persons who participated in the hazing shall suffer:

a. The penalty of reclusion perpetua if death, rape, sodomy or mutilation results
therefrom
b. The penalty of reclusion temporal in its maximum period if in consequence of the
hazing the victim shall become insane, imbecile, impotent or blind.
c. The penalty of reclusion temporal in its medium period if in consequence of the
hazing the victim shall have lost the use of speech or the power to hear or to
smell, or shall have lost an eye, a hand, a foot, an arm or a leg or shall have lost
the use of any such member shall have become incapacitated for the activity or
work in which he was habitually engaged.
d. The penalty of reclusion temporal in its minimum period if in consequence of the
hazing the victim shall become deformed or shall have lost any other part of his
body, or shall have lost the use thereof or shall have been ill or incapacitated for
the performance of the activity or work in which he was habitually engaged for a
period of more than 90 days.
e. The penalty of prision mayor in its maximum period if in consequence of the
hazing the victim shall have been ill or incapacitated for the performance on the
activity or work in which he was habitually engaged for more than 30 days.
f. The penalty of prision mayor in its medium period if in consequence of the hazing
the victim shall have been ill or incapacitated for the performance of the activity
or work in which he was habitually engaged for 10 days or more, or that the injury
sustained shall require medical attendance for the same period.
g. The penalty of prision mayor in its minimum period if in consequence of the
hazing the victim shall have been ill or incapacitated for the performance of the
activity or work in which he was habitually engaged from 1 to 9 days, or that the
injury sustained shall require medical attendance for the same period.

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h. The penalty of prision correccional in its maximum period if in consequence of

the hazing the victim sustained physical injuries which do not prevent him from
engaging in his habitual activity or work nor require medical attendance.
The responsible officials of the school or of the police, military or citizen's army training
organization, may impose the appropriate administrative sanctions on the person or
persons charged under this provision even before their conviction
The maximum penalty herein provided shall be imposed in any of the following
instances:
a. when the recruitment is accompanied by force, violence, threat, intimidation or
deceit on the person of the recruit who refuses to join;
b. when the recruit, neophyte or applicant initially consents to join but upon learning
that hazing will be committed on his person, is prevented from quitting.
c. when the recruit neophyte or applicant having undergone hazing is prevented
from reporting the unlawful act to his parents or guardians, to the proper school
authorities, or to the police authorities through force, violence , threat or
intimidation;
d. when the hazing is committed outside of the school or institution: or acd
e. when the victim is below twelve (12) years of age at the time of the hazing.
The owner of the place where hazing is conducted shall be liable as an accomplice,
when he has actual knowledge of the hazing conducted therein but failed to take any
action to prevent the same from occurring. If the hazing is held in the home of one of
the officers or members of the fraternity, group, or organization, the parents shall be
held liable as principals when they have actual knowledge of the hazing conducted
therein but failed to take any action to prevent the same from occurring.
The school authorities including faculty members who consent to the hazing or who
have actual knowledge thereof but failed to take any action to prevent the same from
occurring shall be punished as accomplices for the acts of hazing committed by the
perpetrators.
The officers, former officers, or alumni of the organization, group, fraternity, or sorority
who actually planned the hazing although not present when the acts constituting the
hazing were committed shall be liable as principals. Officers or members of an
organization, group, fraternity, or sorority who knowingly cooperated in carrying out the
hazing by inducing the victim to be present thereat shall be liable as principals. A
fraternity or sorority's adviser who is present when the acts constituting the hazing were
committed and failed to take any action to prevent the same from occurring shall be
liable as principal.
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The presence of any person during the hazing is prime facie evidence of participation
therein as a principal unless he prevented the commission of the acts punishable
herein.
Any person charged under this provision shall not be entitled to the mitigating
circumstance that there was no intention to commit so grave a wrong.
This section shall apply to the president, manager, director or other responsible officer
of a corporation engaged in hazing as a requirement for employment in the manner
provided herein.

Republic Act No. 10591

COMPREHENSIVE FIREARMS AND AMMUNITIONS
REGULATIONS ACT

I.

DEFINITION OF TERMS

1. Accessories
- refer to parts of a firearm which may enhance or increase the operational
efficiency or accuracy of a firearm but will not constitute any of the major or minor
internal parts thereof such as, but not limited to, laser scope, telescopic sight and
sound suppressor or silencer.
2. Ammunition
- refers to a complete unfixed unit consisting of a bullet, gunpowder, cartridge
case and primer or loaded shell for use in any firearm.
3. Antique firearm
-refers to any: (1) firearm which was manufactured at least seventy-five (75)
years prior to the current date but not including replicas; (2) firearm which is
certified by the National Museum of the Philippines to be curio or relic of museum
interest; and (3) any other firearm which derives a substantial part of its monetary
value from the fact that it is novel, rare, bizarre or because of its association with
some historical figure, period or event.
4. Arms smuggling
- refers to the import, export, acquisition, sale, delivery, movement or transfer of
firearms, their parts and components and ammunition, from or across the territory
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of one country to that of another country which has not been authorized in
accordance with domestic law in either or both country/countries.
II.

VIOLATIONS OF LAW

The unlawful acquisition, possession of firearms and ammunition shall be penalized

under this Act.
III.

ELEMENTS OF PARTICULAR VIOLATIONS

1. That a person is unlawfully acquires or possesses of a firearms and ammunition

IV.

PERSONS LIABLE

Any person who unlawfully acquires or possesses of a firearms and ammunition.

V.

PENALTIES

The unlawful acquisition, possession of firearms and ammunition shall be penalized

as follows:
1. Prision mayor in its medium period shall be imposed upon any person who shall
unlawfully acquire or possess a small arm;
2. Reclusion temporal to reclusion perpetua shall be imposed if 3 or more small
arms or Class-A light weapons are unlawfully acquired or possessed by any
person;
3. Prision mayor in its maximum period shall be imposed upon any person who
shall unlawfully acquire or possess a Class-A light weapon;
4. Reclusion perpetua shall be imposed upon any person who shall, unlawfully
acquire or possess a Class-B light weapon;
5. The penalty of 1 degree higher than that provided in paragraphs (a) to (c) in this
section shall be imposed upon any person who shall unlawfully possess any
firearm under any or combination of the following conditions:
a. Loaded with ammunition or inserted with a loaded magazine;
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b. Fitted or mounted with laser or any gadget used to guide the shooter to hit the
target such as thermal weapon sight (TWS) and the like;
c. Fitted or mounted with sniper scopes, firearm muffler or firearm silencer;
d. Accompanied with an extra barrel; and
e. Converted to be capable of firing full automatic bursts.
6. Prision mayor in its minimum period shall be imposed upon any person who shall
unlawfully acquire or possess a major part of a small arm;
7. Prision mayor in its minimum period shall be imposed upon any person who shall
unlawfully acquire or possess ammunition for a small arm or Class-A light weapon. If
the violation of this paragraph is committed by the same person charged with the
unlawful acquisition or possession of a small arm, the former violation shall be
absorbed by the latter;
8. Prision mayor in its medium period shall be imposed upon any person who shall
unlawfully acquire or possess a major part of a Class-A light weapon;
9. Prision mayor in its medium period shall be imposed upon any person who shall
unlawfully acquire or possess ammunition for a Class-A light weapon. If the violation of
this paragraph is committed by the same person charged with the unlawful acquisition
or possession of a Class-A light weapon, the former violation shall be absorbed by the
latter;
10. Prision mayor in its maximum period shall be imposed upon any person who
shall unlawfully acquire or possess a major part of a Class-B light weapon; and
11. Prision mayor in its maximum period shall be imposed upon any person who
shall unlawfully acquire or possess ammunition for a Class-B light weapon. If the
violation of this paragraph is committed by the same person charged with the unlawful
acquisition or possession of a Class-B light weapon, the former violation shall be
absorbed by the latter.

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Republic Act No. 9372

AN ACT TO SECURE THE STATE AND PROTECT OUR PEOPLE FROM
TERRORISM
I. DEFINITION OF TERMS
1. Terrorism
- includes the commission of acts punishable under any of the following
provisions of the Revised Penal Code: a. Article 122 (Piracy in General and
Mutiny in the High Seas or in the Philippine Waters); b. Article 134 (Rebellion or
Insurrection); c. Article 134-a (Coup d' Etat), including acts committed by private
persons; d. Article 248 (Murder); e. Article 267 (Kidnapping and Serious Illegal
Detention); f. Article 324 (Crimes Involving Destruction), or under Presidential
Decree No. 1613 (The Law on Arson), Republic Act No. 6969 (Toxic Substances
and Hazardous and Nuclear Waste Control Act of 1990), Republic Act No. 5207,
(Atomic Energy Regulatory and Liability Act of 1968), Republic Act No. 6235
(Anti-Hijacking Law), Presidential Decree No. 532 (Anti-Piracy and Anti-Highway
Robbery Law of 1974), and Presidential Decree No. 1866, as amended (Decree
Codifying the Laws on Illegal and Unlawful Possession, Manufacture, Dealing in,
Acquisition or Disposition of Firearms, Ammunitions or Explosives thereby
sowing and creating a condition of widespread and extraordinary fear and panic
among the populace, in order to coerce the government to give in to an unlawful
demand
2. Conspiracy to Commit Terrorism
- two or more persons come to an agreement concerning the commission of the
crime of terrorism as defined in Section 3 hereof and decide to commit the same.
3. Accomplice
- any person who, not being a principal under Article 17 of the Revised Penal
Code or a conspirator as defined in Section 4 hereof, cooperates in the execution
of either the crime of terrorism or conspiracy to commit terrorism by previous or
simultaneous acts
4. Accessory
- Any person who, having knowledge of the commission of the crime of terrorism
or conspiracy to commit terrorism, and without having participated therein, either
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as principal or accomplice under Articles 17 and 18 of the Revised Penal Code,

takes part subsequent to its commission in any of the following manner: (a) by
profiting himself or assisting the offender to profit by the effects of the crime; (b)
by concealing or destroying the body of the crime, or the effects, or instruments
thereof, in order to prevent its discovery; (c) by harboring, concealing, or
assisting in the escape of the principal or conspirator of the crime
and
5. Outlawed Organization, Association, or Group of Persons
- any organization, association, or group of persons organized for the purpose
of engaging in terrorism, or which, although not organized for that purpose,
actually uses the acts to terrorize mentioned in this Act or to sow and create a
condition of widespread and extraordinary fear and panic among the
populace in order to coerce the government to give in to an unlawful demand

II. VIOLATIONS OF THE LAW

The following are punishable under the Human Security Act of 2007:
1. Terrorism
2. Conspiracy to Commit Terrorism
3. Accomplice in the Crime of Terrorism or Conspiracy to Commit Terrorism
4. Accessory in the Crime of Terrorism or Conspiracy to Commit Terrorism
5. Failure of the Police or Law Enforcement Official to Notify the Person Subject of
the Surveillance, Monitoring, Interception and Recording of the Termination of the
said Surveillance, Interception and Recording
6. Deletion/Destruction of Intercepted and Recorded Communications
7. Omission or Exclusion by any Person, Police or Law Enforcement Official of any
Item or Portion from the Joint Affidavit
8. Failure of any Person, Law Enforcement Official or Judicial Authority to Notify in
Writing the Persons Subject of the Surveillance Regarding the Disposition and
Opening of Deposited Sealed Envelope or Sealed Package
9. Penalty for Unauthorized or Malicious Interceptions and/or Recordings
10. Failure of Police or Law Enforcement Personnel to Notify in Writing the Judge of
the Court nearest the Place of Apprehension or Arrest
11. Failure to Deliver Suspect to the Proper Judicial Authority within Three Days
12. Violation of the Rights of a Detainee
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13. Failure to Keep an Official Logbook

14. Attendance of Threat, Intimidation, Coercion, or Torture in the Investigation and
Interrogation of a Detained Person
15. Failure of Applicant Police or Law Enforcement Official to Notify in Writing the
Person Subject of the Bank Examination and Freezing of Bank Deposits,
Placements, Trust Accounts, Assets and Records
16. Failure of any Person, Law Enforcement Official or Judicial Authority to Notify in
Writing the Disposition of Bank Materials
17. Unauthorized or Malicious Examination of a Bank or a Financial Institution
18. Defying of Court Authorization
19. False or Untruthful Statement or Misrepresentation of Material Fact in Joint
Affidavits
20. Refusal to follow the order of the proper division of the Court of Appeals to allow
the person accused of the crime of terrorism or of the crime of conspiracy to
commit terrorism to withdraw such sums from sequestered or frozen deposits,
placements, trust accounts, assets and records as may be necessary for the
regular sustenance of his/her family or to use any of his/her property that has
been seized, sequestered or frozen for legitimate purposes while his/her case is
pending
21. Unjustified Refusal to Restore or Delay in Restoring Seized, Sequestered and
Frozen Bank Deposits, Placements, Trust Accounts, Assets and Records
22. Loss, Misuse, Diversion or Dissipation of Seized, Sequestered and Frozen Bank
Deposits, Placements, Trust Accounts, Assets and Records
23. Infidelity of any Public Officer in the Custody of Detained Persons
24. Unauthorized Revelation of Classified Materials
25. Furnishing False Evidence, Forged Document, or Spurious Evidence

III. ELEMENTS FOR COMMITTING VIOLATION OF THE LAWS

1. That the offender commits an act punishable under any of the cited provisions of the
Revised Penal Code, or under the enumerated special penal law
2. The commission of the predicate crime sows and creates a condition of widespread
and extraordinary fear and panic among the populace

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3. The offender is actuated by the desire to coerce the government to give in to an

unlawful demand.

IV. PERSONS LIABLE

1. Those charged with or suspected of the crime of terrorism or conspiracy to
commit terrorism
2. Those judicially declared and outlawed terrorist organization, association or
group of person
3. Any member of such organization, association, or group of persons
4. Police or law enforcement official/personnel charged with the violation of the law
5. Bank officials and employees defying court authorization

IV. PENALTIES
1. Crime of Terrorism
Forty (40) years of imprisonment, without the benefit of parole as provided for
under Act No. 4103, otherwise known as the Indeterminate Sentence Law, as amended.
2. Conspiracy to Commit Terrorism
Forty (40) years of imprisonment.
3. Accomplice in the Crime of Terrorism or Conspiracy to Commit Terrorism
From seventeen (17) years, four months one day to twenty (20) years of
imprisonment.
4. Accessory in the Crime of Terrorism or Conspiracy to Commit Terrorism
Ten (10) years and one day to twelve (12) years of imprisonment. The penalties
prescribed for accessories shall not be imposed upon those who are such with respect
to their spouses, ascendants, descendants, legitimate, natural, and adopted brothers
and sisters, or relatives by affinity within the same degrees, with the single exception of
accessories falling within the provisions of subparagraph (a).

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5. Failure of the Police or Law Enforcement Official to Notify the Person Subject of the
Surveillance, Monitoring, Interception and Recording of the Termination of the said
Surveillance, Interception and Recording
Ten (10) years and one day to twelve (12) years of imprisonment
6. Deletion/Destruction of Intercepted and Recorded Communications
Not less than six years and one day to twelve (12) years of imprisonment.
7. Omission or Exclusion by any Person, Police or Law Enforcement Official of any Item
or Portion from the Joint Affidavit
Not less than ten (10) years and one day to twelve (12) years of imprisonment.
8. Failure of any Person, Law Enforcement Official or Judicial Authority to Notify in
Writing the Persons Subject of the Surveillance Regarding the Disposition and Opening
of Deposited Sealed Envelope or Sealed Package
Six years and one day to eight years of imprisonment.
9. Penalty for Unauthorized or Malicious Interceptions and/or Recordings
Any police or law enforcement personnel who, not being authorized to do so by
the authorizing division of the Court of Appeals, tracks down, taps, listens to,
intercepts, and records in whatever manner or form any communication,
message, conversation, discussion, or spoken or written word of a person
charged with or suspected of the crime of terrorism or the crime of conspiracy to
commit terrorism shall be guilty of an offense and shall suffer the penalty of ten
(10) years and one day to twelve (12) years of imprisonment.
In addition to the liability attaching to the offender for the commission of any other
offense, the penalty of ten (10) years and one day to twelve (12) years of
imprisonment and the accessory penalty of perpetual absolute disqualification
from public office shall be imposed upon any police or law enforcement
personnel who maliciously obtained an authority from the Court of Appeals to
track down, tap, listen to, intercept, and record in whatever manner or form any
communication, message, conversation, discussion, or spoken or written words
of a person charged with or suspected of the crime of terrorism or conspiracy to
commit terrorism: Provided, That notwithstanding Section 13 of this Act, the party
aggrieved by such authorization shall be allowed access to the sealed envelope
or sealed package and the contents thereof as evidence for the prosecution of
any police or law enforcement personnel who maliciously procured said
authorization.

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10. Failure of Police or Law Enforcement Personnel to Notify in Writing the Judge of the
Court nearest the Place of Apprehension or Arrest
Ten (10) years and one day to twelve (12) years of imprisonment
11. Failure to Deliver Suspect to the Proper Judicial Authority within Three Days
Ten (10) years and one day to twelve (12) years of imprisonment
12. Violation of the Rights of a Detainee
Ten (10) years and one day to twelve (12) years of imprisonment
13. Failure to Keep an Official Logbook
Ten (10) years and one day to twelve (12) years of imprisonment
14. Threat, Intimidation, Coercion, or Torture in the Investigation and Interrogation of a
Detained Person
Twelve (12) years and one day to twenty (20) years of imprisonment
When death or serious permanent disability of said detained person occurs as a
consequence of the use of such threat, intimidation, or coercion, or as a
consequence of the infliction on him of such physical pain or torment, or as a
consequence of the infliction on him of such mental, moral, or psychological
pressure, the penalty shall be twelve (12) years and one day to twenty (20) years
of imprisonment.
15. Failure of Applicant Police or Law Enforcement Official to Notify in Writing the
Person Subject of the Bank Examination and Freezing of Bank Deposits, Placements,
Trust Accounts, Assets and Records
Ten (10) years and one day to twelve (12) years of imprisonment
16. Failure of any Person, Law Enforcement Official or Judicial Authority to Notify in
Writing the Disposition of Bank Materials
Six years and one day to eight years of imprisonment
17. Unauthorized or Malicious Examination of a Bank or a Financial Institution
Ten (10) years and one day to twelve (12) years of imprisonment
In addition to the liability attaching to the offender for the commission of any other
offense, the penalty of ten (10) years and one day to twelve (12) years of
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imprisonment shall be imposed upon any police or law enforcement personnel,

who maliciously obtained an authority from the Court of Appeals to examine the
deposits, placements, trust accounts, assets, or records in a bank or financial
institution of: (1) a person charged with or suspected of the crime of terrorism or
conspiracy to commit terrorism; (2) a judicially declared and outlawed terrorist
organization, association, or group of persons; or (3) a member of such
organization, association, or group of persons
18. Bank Officials and Employees Defying a Court Authorization
Ten (10) years and one day to twelve (12) years of imprisonment
19. False or Untruthful Statement or Misrepresentation of Material Fact in Joint
Affidavits
Ten (10) years and one day to twelve (12) years of imprisonment
20. Refusal to follow the order of the proper division of the Court of Appeals to allow the
person accused of the crime of terrorism or of the crime of conspiracy to commit
terrorism to withdraw such sums from sequestered or frozen deposits, placements, trust
accounts, assets and records as may be necessary for the regular sustenance of
his/her family or to use any of his/her property that has been seized, sequestered or
frozen for legitimate purposes while his/her case is pending
Ten (10) years and one day to twelve (12) years of imprisonment
21. Unjustified Refusal to Restore or Delay in Restoring Seized, Sequestered and
Frozen Bank Deposits, Placements, Trust Accounts, Assets and Records
Ten (10) years and one day to twelve (12) years of imprisonment
22. Loss, Misuse, Diversion or Dissipation of Seized, Sequestered and Frozen Bank
Deposits, Placements, Trust Accounts, Assets and Records
Ten (10) years and one day to twelve (12) years of imprisonment
23. Infidelity of any Public Officer in the Custody of Detained Persons
a. twelve (12) years and one day to twenty (20) years of imprisonment, if the
detained person has already been convicted and sentenced in a final judgment of
a competent court
b. six years and one day to twelve (12) years of imprisonment, if the detained
person has not been convicted and sentenced in a final judgment of a competent
court
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24. Unauthorized Revelation of Classified Materials

Ten (10) years and one day to twelve (12) years of imprisonment
25. Furnishing False Evidence, Forged Document, or Spurious Evidence
Twelve (12) years and one day to twenty (20) years of imprisonment

Republic Act No. 9165

AN ACT INSTITUTING THE COMPREHENSIVE DANGEROUS DRUGS
ACT OF 2002, REPEALING REPUBLIC ACT NO. 6425, OTHERWISE
KNOWN AS THE DANGEROUS DRUGS ACT OF 1972, AS AMENDED,
PROVIDING FUNDS THEREFOR, AND FOR OTHER PURPOSES

I.

DEFINITION OF TERMS

The following term used in this Act shall mean:

1. Administer
- Any act of introducing any dangerous drug into the body of any person, with
or without his/her knowledge, by injection, inhalation, ingestion or other
means, or of committing any act of indispensable assistance to a person in
administering a dangerous drug to himself/herself unless administered by a
duly licensed practitioner for purposes of medication.
2. Chemical Diversion
- The sale, distribution, supply or transport of legitimately imported, in-transit,
manufactured or procured controlled precursors and essential chemicals, in
diluted, mixtures or in concentrated form, to any person or entity engaged in
the manufacture of any dangerous drug, and shall include packaging,
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repackaging, labeling, relabeling or concealment of such transaction through

fraud, destruction of documents, fraudulent use of permits, misdeclaration,
use of front companies or mail fraud.
3. Chemical Diversion
- The sale, distribution, supply or transport of legitimately imported, in-transit,
manufactured or procured controlled precursors and essential chemicals, in
diluted, mixtures or in concentrated form, to any person or entity engaged in
the manufacture of any dangerous drug, and shall include packaging,
repackaging, labeling, relabeling or concealment of such transaction through
fraud, destruction of documents, fraudulent use of permits, misdeclaration,
use of front companies or mail fraud. essential chemical.
4. Dangerous Drugs
- Include those listed in the Schedules annexed to the 1961 Single Convention
on Narcotic Drugs, as amended by the 1972 Protocol, and in the Schedules
annexed to the 1971 Single Convention on Psychotropic Substances as
enumerated in the attached annex which is an integral part of this Act.
5. Drug Dependence
- As based on the World Health Organization definition, it is a cluster of
physiological, behavioral and cognitive phenomena of variable intensity, in
which the use of psychoactive drug takes on a high priority thereby involving,
among others, a strong desire or a sense of compulsion to take the substance
and the difficulties in controlling substance-taking behavior in terms of its
onset, termination, or levels of use.
6. Drug Syndicate
- Any organized group of two (2) or more persons forming or joining together
with the intention of committing any offense prescribed under this Act.
7. Employee of Den, Dive or Resort
- The caretaker, helper, watchman, lookout, and other persons working in the
den, dive or resort, employed by the maintainer, owner and/or operator where
any dangerous drug and/or controlled precursor and essential chemical is
administered, delivered, distributed, sold or used, with or without
compensation, in connection with the operation thereof.
8. Financier
- Any person who pays for, raises or supplies money for, or underwrites any of
the illegal activities prescribed under this Act.
9. Illegal Trafficking
- The illegal cultivation, culture, delivery, administration, dispensation,
manufacture, sale, trading, transportation, distribution, importation,
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exportation and possession of any dangerous drug and/or controlled

precursor and essential chemical.
10. Manufacture
- The production, preparation, compounding or processing of any dangerous
drug and/or controlled precursor and essential chemical, either directly or
indirectly or by extraction from substances of natural origin, or independently
by means of chemical synthesis or by a combination of extraction and
chemical synthesis, and shall include any packaging or repackaging of such
substances, design or configuration of its form, or labeling or relabeling of its
container; except that such terms do not include the preparation,
compounding, packaging or labeling of a drug or other substances by a duly
authorized practitioner as an incident to his/her administration or dispensation
of such drug or substance in the course of his/her professional practice
including research, teaching and chemical analysis of dangerous drugs or
such substances that are not intended for sale or for any other purpose.
11. Cannabis or commonly known as "Marijuana" or "Indian Hemp" or by its any
other name
- Embraces every kind, class, genus, or specie of the plant Cannabis sativa L.
including, but not limited to, Cannabis americana, hashish, bhang, guaza,
churrus and ganjab, and embraces every kind, class and character of
marijuana, whether dried or fresh and flowering, flowering or fruiting tops, or
any part or portion of the plant and seeds thereof, and all its geographic
varieties, whether as a reefer, resin, extract, tincture or in any form
whatsoever.
12. Methylenedioxymethamphetamine (MDMA) or commonly known as "Ecstasy", or
by its any other name
- Refers to the drug having such chemical composition, including any of its
isomers or derivatives in any form.
13. Methamphetamine Hydrochloride or commonly known as "Shabu", "Ice", "Meth",
or by its any other name
- Refers to the drug having such chemical composition, including any of its
isomers or derivatives in any form.
14. Opium
- Refers to the coagulated juice of the opium poppy (Papaver somniferum L.)
and embraces every kind, class and character of opium, whether crude or
prepared; the ashes or refuse of the same; narcotic preparations thereof or
therefrom; morphine or any alkaloid of opium; preparations in which opium,
morphine or any alkaloid of opium enters as an ingredient; opium poppy;
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opium poppy straw; and leaves or wrappings of opium leaves, whether

prepared for use or not.
15. Opium Poppy
- Refers to any part of the plant of the species Papaver somniferum L.,
Papaver setigerum DC, Papaver orientale, Papaver bracteatum and Papaver
rhoeas, which includes the seeds, straws, branches, leaves or any part
thereof, or substances derived therefrom, even for floral, decorative and
culinary purposes.
16. PDEA
- Refers to the Philippine Drug Enforcement Agency under Section 82, Article
IX of this Act.
17. Person
- Any entity, natural or juridical, including among others, a corporation,
partnership, trust or estate, joint stock company, association, syndicate, joint
venture or other unincorporated organization or group capable of acquiring
rights or entering into obligations.
18. Planting of Evidence
- The willful act by any person of maliciously and surreptitiously inserting,
placing, adding or attaching directly or indirectly, through any overt or covert
act, whatever quantity of any dangerous drug and/or controlled precursor and
essential chemical in the person, house, effects or in the immediate vicinity of
an innocent individual for the purpose of implicating, incriminating or imputing
the commission of any violation of this Act.
19. Practitioner
- Any person who is a licensed physician, dentist, chemist, medical
technologist, nurse, midwife, veterinarian or pharmacist in the Philippines.
20. Protector/Coddler
- Any person who knowingly and willfully consents to the unlawful acts provided
for in this Act and uses his/her influence, power or position in shielding,
harboring, screening or facilitating the escape of any person he/she knows, or
has reasonable grounds to believe on or suspects, has violated the provisions
of this Act in order to prevent the arrest, prosecution and conviction of the
violator.
21. Pusher
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Any person who sells, trades, administers, dispenses, delivers or gives away
to another, on any terms whatsoever, or distributes, dispatches in transit or
transports dangerous drugs or who acts as a broker in any of such
transactions, in violation of this Act.

22. School
- Any educational institution, private or public, undertaking educational
operation for pupils/students pursuing certain studies at defined levels,
receiving instructions from teachers, usually located in a building or a group of
buildings in a particular physical or cyber site.

II.

VIOLATION OF LAWS
1. Importation of Dangerous Drugs and/or Controlled Precursors and Essential
Chemicals;
2. Sale, Trading, Administration, Dispensation, Delivery, Distribution and
Transportation of Dangerous Drugs and/or Controlled Precursors and Essential
Chemicals;
3. Maintenance of a Den, Dive or Resort;
4. Employees and Visitors of a Den, Dive or Resort;
a. who is aware of the nature of the place as such; and
b. who, not being included in the provisions of the next preceding, paragraph, is
aware of the nature of the place as such and shall knowingly visit the same
5. Manufacture of Dangerous Drugs and/or Controlled Precursors and Essential
Chemicals;
6. Illegal Chemical Diversion of Controlled Precursors and Essential Chemicals;
7. Manufacture or Delivery of Equipment, Instrument, Apparatus, and Other
Paraphernalia for Dangerous Drugs and/or Controlled Precursors and Essential
Chemicals;
8. Possession of Dangerous Drugs;
9. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for
Dangerous Drugs;
10. Possession of Dangerous Drugs During Parties, Social Gatherings or Meetings;
11. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for
Dangerous Drugs During Parties, Social Gatherings or Meetings;
12. Use of Dangerous Drugs;

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13. Cultivation or Culture of Plants Classified as Dangerous Drugs or are Sources

thereof;
14. Maintenance and Keeping of Original Records of Transactions on Dangerous
Drugs and/or Controlled Precursors and Essential Chemicals;
15. Unnecessary Prescription of Dangerous Drugs;
16. Unlawful Prescription of Dangerous Drugs;
17. Issuance of False or Fraudulent Drug Test Results;
18. Misappropriation, Misapplication or Failure to Account for the Confiscated,
Seized and/or Surrendered Dangerous Drugs, Plant Sources of Dangerous
Drugs,
Controlled
Precursors
and
Essential
Chemicals,
Instruments/Paraphernalia and/or Laboratory Equipment Including the Proceeds
or Properties Obtained from the Unlawful Act Committed by a Public Officer or
Employee;
19.

III.

ELEMENTS FOR COMMITTING VIOLATION OF LAWS

1. A person is engaged in manufacturing of any dangerous drugs;
2. That the dangerous drugs have been sold, traded, administered, dispensed,
delivered, given away to another, distributed, dispatched in transit or transported
regardless of quantity or purity;
3. There is fraud in transaction, destruction of documents, fraudulent use of
permits, misdeclaration, use of front companies or mail fraud;
4. There is knowledge in planting, raising, growing or permission in planting, raising
or growing of any plant which is the source of a dangerous drug;
5. There is knowledge in passing a dangerous drug to another, personally or
otherwise, by any means, with or without consideration;
6. There is knowledge and willful consents to the unlawful acts or uses his/her
influence, power or position in shielding, harboring, screening or facilitating the
escape of any person he/she knows, or has reasonable grounds to believe on or
suspects, has violated the provisions of this Act in order to prevent the arrest,
prosecution and conviction of the violator

IV.

PERSONS LIABLE

1. Any person, who, unless authorized by law, shall import or bring into the
philippines any dangerous drug, regardless of the quantity or purity involved,
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including any and all species of opium poppy or any part thereof or substances
derived therefrom even for floral, decorative and culinary purposes;
2. Any person, who, unless authorized by law, shall import any controlled precursor
and essential chemical;
3. Any person, who, unless authorized under this Act, shall import or bring into the
Philippines any dangerous drug and/or controlled precursor and essential
chemical through the use of a diplomatic passport, diplomatic facilities or any
other means involving his/her official status intended to facilitate the unlawful
entry of the same.
4. Any person, who organizes, manages or acts as a "financier" of any of the illegal
activities prescribed in this Section 4, Article II of this Act;
5. Any person, who acts as a "protector/coddler" of any violator of the provisions
under this Section 4, Article II of this Act;
6. Any person, who, unless authorized by law, shall sell, trade, administer,
dispense, deliver, give away to another, distribute dispatch in transit or transport
any dangerous drug, including any and all species of opium poppy regardless of
the quantity and purity involved, or shall act as a broker in any of such
transactions;
7. Any person, who, unless authorized by law, shall sell, trade, administer,
dispense, deliver, give away to another, distribute, dispatch in transit or transport
any controlled precursor and essential chemical, or shall act as a broker in such
transactions;
8. Drug pushers who use minors or mentally incapacitated individuals as runners,
couriers and messengers, or in any other capacity directly connected to the
dangerous drugs and/or controlled precursors and essential chemical trade;
9. Any person who organizes, manages or acts as a "financier" of any of the illegal
activities prescribed in this Section 5, Article II of this Act;
10. Any person, who acts as a "protector/coddler" of any violator of the provisions
under this Section 5, Article II of this Act;
11. Any person or group of persons who shall maintain a den, dive or resort where
any dangerous drug is used or sold in any form;
12. Any person or group of persons who shall maintain a den, dive, or resort where
any controlled precursor and essential chemical is used or sold in any form;
13. Any dangerous drug is administered, delivered or sold to a minor who is allowed
to use the same in such a place;
14. The maintainer, owner and/or operator, should any dangerous drug be the
proximate cause of the death of a person using the same in such den, dive or
resort;
15. A third person who owned the den, dive or resort;
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16. Any person who organizes, manages or acts as a "financier" of any of the illegal
activities prescribed in this Section 6, Article II of this Act;
17. Any person, who acts as a "protector/coddler" of any violator of the provisions
under this Section 6, Article II of this Act;
18. Any employee of a den, dive or resort, who is aware of the nature of the place as
such;
19. Any person who, not being included in the provisions of the next preceding,
paragraph, is aware of the nature of the place as such and shall knowingly visit
the same;
20. Any person, who, unless authorized by law, shall engage in the manufacture of
any dangerous drug;
21. Any person, who, unless authorized by law, shall manufacture any controlled
precursor and essential chemical;
22. any person, who organizes, manages or acts as a "financier" of any of the illegal
activities prescribed in this Section 8, Article II of this Act;
23. Any person, who acts as a "protector/coddler" of any violator of the provisions
under this Section 8, Article II of this Act;
24. Any person, who, unless authorized by law, shall illegally divert any controlled
precursor and essential chemical;
25. Any person who shall deliver, possess with intent to deliver, or manufacture with
intent to deliver equipment, instrument, apparatus and other paraphernalia for
dangerous drugs, knowing, or under circumstances where one reasonably
should know, that it will be used to plant, propagate, cultivate, grow, harvest,
manufacture, compound, convert, produce, process, prepare, test, analyze, pack,
repack, store, contain or conceal any dangerous drug and/or controlled precursor
and essential chemical in violation of this Act
26. Any person, who uses a minor or a mentally incapacitated individual to deliver
such equipment, instrument, apparatus and other paraphernalia for dangerous
drugs
27. any person, who, unless authorized by law, shall possess any dangerous drug in
the following quantities, regardless of the degree of purity thereof:
a. 10 grams or more of opium;
b. 10 grams or more of morphine;
c. 10 grams or more of heroin;
d. 10 grams or more of cocaine or cocaine hydrochloride;
e. 50 grams or more of methamphetamine hydrochloride or "shabu";
f. 10 grams or more of marijuana resin or marijuana resin oil;
g. 500 grams or more of marijuana; and
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h. 10 grams or more of other dangerous drugs such as, but not limited to,
methylenedioxymethamphetamine
(MDA)
or
"ecstasy",
paramethoxyamphetamine (PMA), trimethoxyamphetamine (TMA),
lysergic acid diethylamine (LSD), gamma hydroxyamphetamine (GHB),
and those similarly designed or newly introduced drugs and their
derivatives, without having any therapeutic value or if the quantity
possessed is far beyond therapeutic requirements, as determined and
promulgated by the Board in accordance to Section 93, Article XI of this
Act
28. Any person, who, unless authorized by law, shall possess or have under his/her
control any equipment, instrument, apparatus and other paraphernalia fit or
intended for smoking, consuming, administering, injecting, ingesting, or
introducing any dangerous drug into the body: Provided, That in the case of
medical practitioners and various professionals who are required to carry such
equipment, instrument, apparatus and other paraphernalia in the practice of their
profession, the Board shall prescribe the necessary implementing guidelines
thereof;
29. Any person found possessing any dangerous drug during a party, or at a social
gathering or meeting, or in the proximate company of at least two (2) persons,
shall suffer the maximum penalties provided for in Section 11 of this Act,
regardless of the quantity and purity of such dangerous drugs. any person, who
shall possess or have under his/her control any equipment, instrument,
apparatus and other paraphernalia fit or intended for smoking, consuming,
administering, injecting, ingesting, or introducing any dangerous drug into the
body, during parties, social gatherings or meetings, or in the proximate company
of at least two (2) persons;
30. A person apprehended or arrested, who is found to be positive for use of any
dangerous drug, after a confirmatory test
31. Any person, who shall plant, cultivate or culture marijuana, opium poppy or any
other plant regardless of quantity, which is or may hereafter be classified as a
dangerous drug or as a source from which any dangerous drug may be
manufactured or derived;
32. Any person, who organizes, manages or acts as a "financier" of any of the illegal
activities prescribed in this Section 16, Article II of this Act;
33. Any person, who acts as a "protector/coddler" of any violator of the provisions
under this Section 16, Article II of this Act;
34. Any practitioner, manufacturer, wholesaler, importer, distributor, dealer or retailer
who violates or fails to comply with the maintenance and keeping of the original
records of transactions on any dangerous drug and/or controlled precursor and
essential chemical in accordance with Section 40 of this Act
35. The practitioner, who shall prescribe any dangerous drug to any person whose
physical or physiological condition does not require the use or in the dosage
prescribed therein, as determined by the Board in consultation with recognized
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competent experts who are authorized representatives of professional

organizations of practitioners, particularly those who are involved in the care of
persons with severe pain;
36. Any person, who, unless authorized by law, shall make or issue a prescription or
any other writing purporting to be a prescription for any dangerous drug;
37. Any public officer or employee who misappropriates, misapplies or fails to
account for confiscated, seized or surrendered dangerous drugs, plant sources of
dangerous
drugs,
controlled
precursors
and
essential
chemicals,
instruments/paraphernalia and/or laboratory equipment including the proceeds or
properties obtained from the unlawful acts as provided for in this Act;
38. Any alien who violates such provisions of this Act; and
39. Any person authorized, licensed or accredited under this Act and its
implementing rules to conduct drug examination or test, who issues false or
fraudulent drug test results knowingly, willfully or through gross negligence.
V.

PENALTIES

1. Importation of Dangerous Drugs and/or Controlled Precursors and Essential

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

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g. The penalty of twelve (12) years and one (1) day to twenty (20) years of
imprisonment and a fine ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be
imposed upon any person, who acts as a "protector/coddler" of any
violator of the provisions under this Section.
3. Maintenance of a Den, Dive or Resort
a. The penalty of life imprisonment to death and a fine ranging from Five
hundred thousand pesos (P500,000.00) to Ten million pesos
(P10,000,000.00) shall be imposed upon any person or group of persons
who shall maintain a den, dive or resort where any dangerous drug is
used or sold in any form.
b. The penalty of imprisonment ranging from twelve (12) years and one (1)
day to twenty (20) years and a fine ranging from One hundred thousand
pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall
be imposed upon any person or group of persons who shall maintain a
den, dive, or resort where any controlled precursor and essential chemical
is used or sold in any form.
c. The maximum penalty provided for under this Section shall be imposed in
every case where any dangerous drug is administered, delivered or sold
to a minor who is allowed to use the same in such a place.
d. Should any dangerous drug be the proximate cause of the death of a
person using the same in such den, dive or resort, the penalty of death
and a fine ranging from One million (P1,000,000.00) to Fifteen million
pesos (P500,000.00) shall be imposed on the maintainer, owner and/or
operator.
e. If such den, dive or resort is owned by a third person, the same shall be
confiscated and escheated in favor of the government: Provided, That the
criminal complaint shall specifically allege that such place is intentionally
used in the furtherance of the crime: Provided, further, That the
prosecution shall prove such intent on the part of the owner to use the
property for such purpose: Provided, finally, That the owner shall be
included as an accused in the criminal complaint.
f. The maximum penalty provided for under this Section shall be imposed
upon any person who organizes, manages or acts as a "financier" of any
of the illegal activities prescribed in this Section.
g. The penalty twelve (12) years and one (1) day to twenty (20) years of
imprisonment and a fine ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be
imposed upon any person, who acts as a "protector/coddler" of any
violator of the provisions under this Section.
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4. Employees and Visitors of a Den, Dive or Resort

a. The penalty of imprisonment ranging from twelve (12) years and one (1)
day to twenty (20) years and a fine ranging from One hundred thousand
pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall
be imposed upon:
i. Any employee of a den, dive or resort, who is aware of the nature
of the place as such; and
ii. Any person who, not being included in the provisions of the next
preceding, paragraph, is aware of the nature of the place as such
and shall knowingly visit the same.
5. Manufacture of Dangerous Drugs and/or Controlled Precursors and Essential
Chemicals
a. The penalty of life imprisonment to death and a fine ranging Five hundred
thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00)
shall be imposed upon any person, who, unless authorized by law, shall
engage in the manufacture of any dangerous drug.
b. The penalty of imprisonment ranging from twelve (12) years and one (1)
day to twenty (20) years and a fine ranging from One hundred thousand
pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall
be imposed upon any person, who, unless authorized by law, shall
manufacture any controlled precursor and essential chemical.
c. The maximum penalty provided for under this Section shall be imposed
upon any person, who organizes, manages or acts as a "financier" of any
of the illegal activities prescribed in this Section.
d. The penalty of twelve (12) years and one (1) day to twenty (20) years of
imprisonment and a fine ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be
imposed upon any person, who acts as a "protector/coddler" of any
violator of the provisions under this Section.
6. Illegal Chemical Diversion of Controlled Precursors and Essential Chemicals
a. The penalty of imprisonment ranging from twelve (12) years and one (1)
day to twenty (20) years and a fine ranging from One hundred thousand
pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall
be imposed upon any person, who, unless authorized by law, shall illegally
divert any controlled precursor and essential chemical.

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7. Manufacture or Delivery of Equipment, Instrument, Apparatus, and Other

Paraphernalia for Dangerous Drugs and/or Controlled Precursors and Essential
Chemicals
a. The penalty of imprisonment ranging from twelve (12) years and one (1)
day to twenty (20) years and a fine ranging from One hundred thousand
pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall
be imposed upon any person who shall deliver, possess with intent to
deliver, or manufacture with intent to deliver equipment, instrument,
apparatus and other paraphernalia for dangerous drugs, knowing, or
under circumstances where one reasonably should know, that it will be
used to plant, propagate, cultivate, grow, harvest, manufacture,
compound, convert, produce, process, prepare, test, analyze, pack,
repack, store, contain or conceal any dangerous drug and/or controlled
precursor and essential chemical in violation of this Act.
b. The penalty of imprisonment ranging from six (6) months and one (1) day
to four (4) years and a fine ranging from Ten thousand pesos (P10,000.00)
to Fifty thousand pesos (P50,000.00) shall be imposed if it will be used to
inject, ingest, inhale or otherwise introduce into the human body a
dangerous drug in violation of this Act.
c. The maximum penalty provided for under this Section shall be imposed
upon any person, who uses a minor or a mentally incapacitated individual
to deliver such equipment, instrument, apparatus and other paraphernalia
for dangerous drugs.
8. Possession of Dangerous Drugs
a. The penalty of life imprisonment to death and a fine ranging from Five
hundred thousand pesos (P500,000.00) to Ten million pesos
(P10,000,000.00) shall be imposed upon any person, who, unless
authorized by law, shall possess any dangerous drug in the following
quantities, regardless of the degree of purity thereof:
i.

10 grams or more of opium;

ii. 10 grams or more of morphine;

iii. 10 grams or more of heroin;
iv. 10 grams or more of cocaine or cocaine hydrochloride;
v. 50 grams or more of methamphetamine hydrochloride or "shabu";
vi. 10 grams or more of marijuana resin or marijuana resin oil;
vii. 500 grams or more of marijuana; and
viii. 10 grams or more of other dangerous drugs such as, but not
limited to, methylenedioxymethamphetamine (MDA) or "ecstasy",
paramethoxyamphetamine
(PMA),
trimethoxyamphetamine
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(TMA),
lysergic
acid
diethylamine
(LSD),
gamma
hydroxyamphetamine (GHB), and those similarly designed or
newly introduced drugs and their derivatives, without having any
therapeutic value or if the quantity possessed is far beyond
therapeutic requirements, as determined and promulgated by the
Board in accordance to Section 93, Article XI of this Act.
b. Otherwise, if the quantity involved is less than the foregoing quantities, the
penalties shall be graduated as follows:
i. Life imprisonment and a fine ranging from Four hundred thousand
pesos (P400,000.00) to Five hundred thousand pesos
(P500,000.00), if the quantity of methamphetamine hydrochloride
or "shabu" is ten (10) grams or more but less than fifty (50)
grams;
ii. Imprisonment of twenty (20) years and one (1) day to life
imprisonment and a fine ranging from Four hundred thousand
pesos (P400,000.00) to Five hundred thousand pesos
(P500,000.00), if the quantities of dangerous drugs are five (5)
grams or more but less than ten (10) grams of opium, morphine,
heroin, cocaine or cocaine hydrochloride, marijuana resin or
marijuana resin oil, methamphetamine hydrochloride or "shabu",
or other dangerous drugs such as, but not limited to, MDMA or
"ecstasy", PMA, TMA, LSD, GHB, and those similarly designed or
newly introduced drugs and their derivatives, without having any
therapeutic value or if the quantity possessed is far beyond
therapeutic requirements; or three hundred (300) grams or more
but less than five (hundred) 500) grams of marijuana; and
iii. Imprisonment of twelve (12) years and one (1) day to twenty (20)
years and a fine ranging from Three hundred thousand pesos
(P300,000.00) to Four hundred thousand pesos (P400,000.00), if
the quantities of dangerous drugs are less than five (5) grams of
opium, morphine, heroin, cocaine or cocaine hydrochloride,
marijuana resin or marijuana resin oil, methamphetamine
hydrochloride or "shabu", or other dangerous drugs such as, but
not limited to, MDMA or "ecstasy", PMA, TMA, LSD, GHB, and
those similarly designed or newly introduced drugs and their
derivatives, without having any therapeutic value or if the quantity
possessed is far beyond therapeutic requirements; or less than
three hundred (300) grams of marijuana.
9. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for
Dangerous Drugs
a. The penalty of imprisonment ranging from six (6) months and one (1) day
to four (4) years and a fine ranging from Ten thousand pesos (P10,000.00)
to Fifty thousand pesos (P50,000.00) shall be imposed upon any person,
who, unless authorized by law, shall possess or have under his/her control
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any equipment, instrument, apparatus and other paraphernalia fit or

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

a. The penalty of imprisonment ranging from twelve (12) years and one (1)
day to twenty (20) years and a fine ranging from One hundred thousand
pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) and
the additional penalty of the revocation of his/her license to practice shall
be imposed upon the practitioner, who shall prescribe any dangerous drug
to any person whose physical or physiological condition does not require
the use or in the dosage prescribed therein, as determined by the Board in
consultation with recognized competent experts who are authorized
representatives of professional organizations of practitioners, particularly
those who are involved in the care of persons with severe pain.
16. Unlawful Prescription of Dangerous Drugs
a. The penalty of life imprisonment to death and a fine ranging from Five
hundred thousand pesos (P500,000.00) to Ten million pesos
(P10,000,000.00) shall be imposed upon any person, who, unless
authorized by law, shall make or issue a prescription or any other writing
purporting to be a prescription for any dangerous drug.
17. Confiscation and Forfeiture of the Proceeds or Instruments of the Unlawful Act,
Including the Properties or Proceeds Derived from the Illegal Trafficking of
Dangerous Drugs and/or Precursors and Essential Chemicals
a. Every penalty imposed for the unlawful importation, sale, trading,
administration, dispensation, delivery, distribution, transportation or
manufacture of any dangerous drug and/or controlled precursor and
essential chemical, the cultivation or culture of plants which are sources of
dangerous drugs, and the possession of any equipment, instrument,
apparatus and other paraphernalia for dangerous drugs including other
laboratory equipment, shall carry with it the confiscation and forfeiture, in
favor of the government, of all the proceeds and properties derived from
the unlawful act, including, but not limited to, money and other assets
obtained thereby, and the instruments or tools with which the particular
unlawful act was committed, unless they are the property of a third person
not liable for the unlawful act, but those which are not of lawful commerce
shall be ordered destroyed without delay pursuant to the provisions of
Section 21 of this Act.
18. Additional Penalty if Offender is an Alien
a. In addition to the penalties prescribed in the unlawful act committed, any
alien who violates such provisions of this Act shall, after service of
sentence, be deported immediately without further proceedings, unless
the penalty is death.
19. Liability to a Person Violating Any Regulation Issued by the Board
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a. The penalty of imprisonment ranging from six (6) months and one (1) day
to four (4) years and a fine ranging from Ten thousand pesos (P10,000.00)
to Fifty thousand pesos (P50,000.00) shall be imposed upon any person
found violating any regulation duly issued by the Board pursuant to this
Act, in addition to the administrative sanctions imposed by the Board.

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