Special Penal Laws

Contents
Forestry Reform Code (P.D. No. 705)............................................................................................................ 2
Anti-Bouncing Check Law (B.P. Blg.22) ....................................................................................................... 26
Comprehensive Firearms and Ammunition Regulation Act (R.A. No. 10591) ............................................ 28
Probation Law (P.D. No. 968) ...................................................................................................................... 28
Comprehensive Dangerous Drugs Act (R.A. No. 9165) ............................................................................... 53
Anti-Graft and Corrupt Practices Act (R.A. No. 3019) ............................................................................... 118
Anti-Hazing Law (R.A. No. 8049) ............................................................................................................... 123
Anti-Trafficking in Persons Act (R.A. No. 9208) ........................................................................................ 126

Forestry Reform Code (P.D. No. 705)

MALACAANG
Manila
PRESIDENTIAL DECREE No. 705 May 19, 1975
REVISING PRESIDENTIAL DECREE NO. 389, OTHERWISE KNOWN AS THE FORESTRY REFORM CODE OF THE
PHILIPPINES
WHEREAS, proper classification, management and utilization of the lands of the public domain to maximize
their productivity to meet the demands of our increasing population is urgently needed;
WHEREAS, to achieve the above purpose, it is necessary to reassess the multiple uses of forest lands and
resources before allowing any utilization thereof to optimize the benefits that can be derived therefrom;
WHEREAS, it is also imperative to place emphasis not only on the utilization thereof but more so on the
protection, rehabilitation and development of forest lands, in order to ensure the continuity of their
productive condition;
WHEREAS, the present laws and regulations governing forest lands are not responsive enough to support reoriented government programs, projects and efforts on the proper classification and delimitation of the lands
of the public domain, and the management, utilization, protection, rehabilitation, and development of forest
lands;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers in me
vested by the Constitution, do hereby revise Presidential Decree No. 389 to read as follows:
Section 1. Title of this Code. This decree shall be known as the "Revised Forestry Code of the Philippines."
Section 2. Policies. The State hereby adopts the following policies:
(a) The multiple uses of forest lands shall be oriented to the development and progress requirements
of the country, the advancement of science and technology, and the public welfare;
(b) Land classification and survey shall be systematized and hastened;
(c) The establishment of wood-processing plants shall be encouraged and rationalized; and
(d) The protection, development and rehabilitation of forest lands shall be emphasized so as to
ensure their continuity in productive condition.
Section 3. Definitions.
(a) Public forest is the mass of lands of the public domain which has not been the subject of the
present system of classification for the determination of which lands are needed for forest purposes
and which are not.

(b) Permanent forest or forest reserves refer to those lands of the public domain which have been
the subject of the present system of classification and determined to be needed for forest purposes.
(c) Alienable and disposable lands refer to those lands of the public domain which have been the
subject of the present system of classification and declared as not needed for forest purposes.
(d) Forest lands include the public forest, the permanent forest or forest reserves, and forest
reservations.
(e) Grazing land refers to that portion of the public domain which has been set aside, in view of the
suitability of its topography and vegetation, for the raising of livestock.
(f) Mineral lands refer to those lands of the public domain which have been classified as such by the
Secretary of Natural Resources in accordance with prescribed and approved criteria, guidelines and
procedure.
(g) Forest reservations refer to forest lands which have been reserved by the President of the
Philippines for any specific purpose or purposes.
(h) National park refers to a forest land reservation essentially of primitive or wilderness character
which has been withdrawn from settlement or occupancy and set aside as such exclusively to
preserve the scenery, the natural and historic objects and the wild animals or plants therein, and to
provide enjoyment of these features in such a manner as will leave them unimpaired for future
generations.
(i) Game refuge or bird sanctuary refers to a forest land designated for the protection of game
animals, birds and fish and closed to hunting and fishing in order that the excess population may
flow and restock surrounding areas.
(j) Marine parks refers to any off-shore area inhabited by rare and unique species of marine flora and
fauna.
(k) Seashore park refers to any public shore area delimited for outdoor recreation, sports fishing,
water skiing and related healthful activities.
(l) Watershed reservation is a forest land reservation established to protect or improve the
conditions of the water yield thereof or reduce sedimentation.
(m) Watershed is a land area drained by a stream or fixed body of water and its tributaries having a
common outlet for surface run-off.
(n) Critical watershed is a drainage area of a river system supporting existing and proposed hydroelectric power and irrigation works needing immediate rehabilitation as it is being subjected to a fast
denudation causing accelerated erosion and destructive floods. It is closed from logging until it is
fully rehabilitated.
(o) Mangrove is a term applied to the type of forest occurring on tidal flat along the sea coast,
extending along streams where the water is brackish.

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

establish and operate a wood-processing plant, or conduct any activity involving the utilization of any
forest resources.
(dd) License agreement is a privilege granted by the State to a person to utilize forest resources
within any forest land with the right of possession and occupation thereof to the exclusion of others,
except the government, but with the corresponding obligation to develop, protect and rehabilitate
the same in accordance with the terms and conditions set forth in said agreement.
(ee) Permit is a short-term privilege or authority granted by the State to a person to utilize any
limited forest resources or undertake a limited activity with any forest land without any right of
occupation and possession therein.
(ff) Annual allowable cut is the volume of materials, whether of wood or other forest products, that
is authorized to be cut regularly from the forest.
(gg) Cutting cycle is the number of years between major harvests in the same working unit and/or
region, within a rotation.
(hh) Ecosystem means the ecological community considered together with non-living factors and its
environment as a unit.
(ii) Silviculture is the establishment, development reproduction and care of forest trees.
(jj) Rationalization is the organization of a business or industry using scientific business management
principles and simplified procedures to obtain greater efficiency of operation.
(kk) Forest officer means any official or employee of the Bureau who, by the nature of his
appointment or the function of the position to which he is appointed, is delegated by law or by
competent authority to execute, implement or enforce the provisions of this Code, other related
laws, as well as their implementing regulations.
(ll) Primitive tribe is a group of endemic tribe living primitively as a distinct portion of a people from a
common ancestor.
(mm) Private right means or refers to titled rights of ownership under existing laws, and in the case
of primitive tribes, to rights of possession existing at the time a license is granted under this Code,
which possession may include places of abode and worship, burial grounds, and old clearings, but
excludes production forest inclusive of logged-over areas, commercial forests and established
plantations of forest trees and trees of economic value.
(nn) Person includes natural as well as juridical person.
CHAPTER I
ORGANIZATION AND JURISDICTION OF THE BUREAU
Section 4. Creation of, and merger of all forestry agencies into, the Bureau of Forest Development. For the
purpose of implementing the provisions of this Code, the Bureau of Forestry, the Reforestation
Administration, the Southern Cebu Reforestation Development Project, and the Parks and Wildlife Office,
including applicable appropriations, records, equipment, property and such personnel as may be necessary,

are hereby merged into a single agency to be known as the Bureau of Forest Development, hereinafter
referred to as the Bureau.
Section 5. Jurisdiction of Bureau. The Bureau shall have jurisdiction and authority over all forest land, grazing
lands, and all forest reservations including watershed reservations presently administered by other
government agencies or instrumentalities.
It shall be responsible for the protection, development, management, regeneration, and reforestation of
forest lands; the regulation and supervision of the operation of licensees, lessees and permittees for the
taking or use of forest products therefrom or the occupancy or use thereof; the implementation of multiple
use and sustained yield management in forest lands; the protection, development and preservation of
national parks, marine parks, game refuges and wildlife; the implementation of measures and programs to
prevent kaingin and managed occupancy of forest and grazing lands; in collaboration with other bureaus, the
effective, efficient and economic classification of lands of the public domain; and the enforcement of
forestry, reforestation, parks, game and wildlife laws, rules, and regulations.
The Bureau shall regulate the establishment and operation of sawmills, veneer and plywood mills and other
wood processing plants and conduct studies of domestic and world markets of forest products.
Section 6. Director and Assistant Director and their qualifications. The Bureau shall be headed by a Director,
who shall be assisted by one or more Assistant Directors. The Director and Assistant Directors shall be
appointed by the President.
No person shall be appointed Director or Assistant Director of the Bureau unless he is a natural born citizen
of the Philippines, at least 30 years of age, a holder of at least a Bachelor's Degree in Forestry or its
equivalent, and a registered forester.
Section 7. Supervision and Control. The Bureau shall be directly under the control and supervision of the
Secretary of the Department of Natural Resources, hereinafter referred to as the Department Head.
Section 8. Review. All actions and decisions of the Director are subject to review, motu propio or upon appeal
of any person aggrieved thereby, by the Department Head whose decision shall be final and executory after
the lapse of thirty (30) days from receipt by the aggrieved party of said decision, unless appealed to the
President in accordance with the Executive Order No. 19, series of 1966. The Decision of the Department
Head may not be reviewed by the courts except through a special civil action for certiorari or prohibition.
Section 9. Rules and Regulations. The Department Head, upon the recommendation of the Director of Forest
Development, shall promulgate the rules and regulations necessary to implement effectively the provisions
of this Code.
Section 10. Creation of Functional Divisions, and Regional and District Offices. All positions in the merged
agencies are considered vacant. Present occupants may be appointed in accordance with a staffing pattern or
plan of organization to be prepared by the Director and approved by the Department Head. Any appointee
who fails to report for duty in accordance with the approved plan within thirty (30) days upon receipt of
notification shall be deemed to have declined the appointment, in which case the position may be filed by
any other qualified applicant.
For the efficient and effective implementation of the program of the Bureau, the following divisions and
sections are hereby created, to wit:

Divisions

Sections

Planning and Evaluation

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

Administrative Division

Personnel;
Budget;
Accounting;
Information;
General Services.

Legal Division
Reforestation and Afforestation Division

Cooperative Planting;
Planting Stock Production;
Plantation Management.

Timber Management Division

Forest Surveys, Data & Mapping;

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

Utilization Division

Timber Operations;
Land Uses;
Utilization.

Forest Protection and Infrastructure

Forest Protection;
Forest Occupancy
Management;
Watershed Management; Infrastructure.

Parks, Wildlife Division

Parks Management;
Recreation Management;
Wildlife Management;
Range Management.

Security and Intelligence Division

Forest Development Training Center

Technical Training;
Non-Technical Training.

The Department Head may, upon recommendation of the Director, reorganize or create such other divisions,
sections of units as may be deemed necessary and to appoint the personnel there: Provided, That an
employee appointed or designated as officer-in-charge of a newly created division, section or unit, or to an
existing vacant position with a higher salary, shall receive, from the date of such appointment or designation

until he is replaced or reverted to his original position, the salary corresponding to the position temporarily
held by him.
There shall be created at least eleven regional offices. In each region, there shall be as many forest districts as
may be necessary, in accordance with the extent of forest area, established work loads, need for forest
protection, fire prevention and other factors, the provisions of any law to the contrary notwithstanding:
Provided, That the boundaries of such districts shall follow, whenever possible, natural boundaries of
watersheds under the river-basin concept of management.
Section 11. Manpower Development. The Bureau shall establish and operate an in-service training center for
the purpose of upgrading and training its personnel and new employees.
The Bureau shall also set aside adequate funds to enable personnel to obtain special education and training
in local or foreign colleges or institutions.
Section 12. Performance Evaluation. The Bureau shall devise a system, to be approved by the Department
Head, to evaluate the performance of its employees. The system shall measure accomplishment in quantity
and quality of performance as related to the funded program of work assigned to each organizational unit.
There shall be included a system of periodic inspection of district offices by the regional offices and the
regional and district offices by the Central Office in both functional fields and in the overall assessment of
how each administrative unit has implemented the laws, regulations, policies, programs, and practices
relevant to such unit. The evaluation system shall provide the information necessary for annual progress
reports and determination of employee training civil service awards and transfer or disciplinary action.
CHAPTER II
CLASSIFICATION AND SURVEY
Section 13. System of Land Classification. The Department Head shall study, devise, determine and prescribe
the criteria, guidelines and methods for the proper and accurate classification and survey of all lands of the
public domain into agricultural, industrial or commercial, residential, resettlement, mineral, timber or forest,
and grazing lands, and into such other classes as now or may hereafter be provided by law, rules and
regulations.
In the meantime, the Department Head shall simplify through inter-bureau action the present system of
determining which of the unclassified lands of the public domain are needed for forest purposes and declare
them as permanent forest to form part of the forest reserves. He shall decree those classified and
determined not to be needed for forest purposes as alienable and disposable lands, the administrative
jurisdiction and management of which shall be transferred to the Bureau of Lands: Provided, That mangrove
and other swamps not needed for shore protection and suitable for fishpond purposes shall be released to,
and be placed under the administrative jurisdiction and management of, the Bureau of Fisheries and Aquatic
Resources. Those still to be classified under the Present system shall continue to remain as part of the public
forest.
Section 14. Existing Pasture Leases and Permits in Forest Lands. Forest lands which have been the subject of
pasture leases and permits shall remain classified as forest lands until classified as grazing lands under the
criteria, guidelines and methods of classification to be prescribed by the Department Head: Provided, That
the administration, management and disposition of grazing lands shall remain under the Bureau.

Section 15. Topography. No land of the public domain eighteen per cent (18%) in slope or over shall be
classified as alienable and disposable, nor any forest land fifty per cent (50%) in slope or over, as grazing land.
Lands eighteen per cent (18%) in slope or over which have already been declared as alienable and disposable
shall be reverted to the classification of forest lands by the Department Head, to form part of the forest
reserves, unless they are already covered by existing titles or approved public land application, or actually
occupied openly, continuously, adversely and publicly for a period of not less than thirty (30) years as of the
effectivity of this Code, where the occupant is qualified for a free patent under the Public Land Act: Provided,
That said lands, which are not yet part of a well-established communities, shall be kept in a vegetative
condition sufficient to prevent erosion and adverse effects on the lowlands and streams: Provided, further,
That when public interest so requires, steps shall be taken to expropriate, cancel defective titles, reject public
land application, or eject occupants thereof.
Section 16. Areas needed for forest purposes. The following lands, even if they are below eighteen per cent
(18%) in slope, are needed for forest purposes, and may not, therefore, be classified as alienable and
disposable land, to wit:
1. Areas less than 250 hectares which are far from, or are not contiguous with, any certified alienable
and disposable land;
2. Isolated patches of forest of at least five (5) hectares with rocky terrain, or which protect a spring
for communal use;
3. Areas which have already been reforested;
4. Areas within forest concessions which are timbered or have good residual stocking to support an
existing, or approved to be established, wood processing plant;
5. Ridge tops and plateaus regardless of size found within, or surrounded wholly or partly by, forest
lands where headwaters emanate;
6. Appropriately located road-rights-or-way;
7. Twenty-meter strips of land along the edge of the normal high waterline of rivers and streams
with channels of at least five (5) meters wide;
8. Strips of mangrove or swamplands at least twenty (20) meters wide, along shorelines facing
oceans, lakes, and other bodies of water, and strips of land at least twenty (20) meters wide facing
lakes;
9. Areas needed for other purposes, such as national parks, national historical sites, game refuges
and wildlife sanctuaries, forest station sites, and others of public interest; and
10. Areas previously proclaimed by the President as forest reserves, national parks, game refuge,
bird sanctuaries, national shrines, national historic sites:
Provided, That in case an area falling under any of the foregoing categories shall have been titled in favor of
any person, steps shall be taken, if public interest so requires, to have said title cancelled or amended, or the
titled area expropriated.

Section 17. Establishment of boundaries of forest lands. All boundaries between permanent forests and
alienable and disposable lands shall be clearly marked and maintained on the ground, with infrastructure or
roads, or concrete monuments at intervals of not more than five hundred (500) meters in accordance with
established procedures and standards, or any other visible and practicable signs to insure protection of the
forest.
Section 18. Reservations in forest lands and off-shore areas. The President of the Philippines may establish
within any lands of the public domain, forest reserve and forest reservation for the national park system, for
preservation as critical watersheds, or for any other purpose, and modify boundaries of existing ones. The
Department Head may reserve and establish any portion of the public forest or forest reserve as site or
experimental forest for use of the Forest Research Institute.
When public interest so requires, any off-shore area needed for the preservation and protection of its
educational, scientific, historical, ecological and recreational values including the marine life found therein,
shall be established as marine parks.
CHAPTER III
UTILIZATION AND MANAGEMENT
Section 19. Multiple use. The numerous beneficial uses of the timber, land, soil, water, wildlife, recreation
value and grass of forest lands shall be evaluated and weighted before allowing the utilization, exploitation,
occupation or possession thereof, or the conduct of any activity therein.
Only the utilization, exploitation, occupation or possession of any forest land, or any activity therein,
involving one or more or its resources, which will produce the optimum benefits to the development and
progress of the country and the public welfare, without impairment or with the least injury to its other
resources, shall be allowed.
All forest reservations may be open to uses not inconsistent with the principal objectives of the reservation:
Provided, That critical watersheds and national parks shall not be subject to logging operations.
Section 20. License agreement, license, lease or permit. No person may utilize, exploit, occupy, possess or
conduct any activity within any forest land, or establish and operate any wood-processing plant, unless he
has been authorized to do so under a license agreement, lease, license, or permit.
Section 21. Sustained yield. All measures shall be taken to achieve an approximate balance between growth
and harvest or use of forest products in forest lands.
A. TIMBER
Section 22. Silvicultural and harvesting systems. In any logging operations in production forests within forest
lands, the proper silvicultural and harvesting systems that will promote optimum sustained yield shall be
practised.
(a) For dipterocarp forest, selective logging shall be practised.
(b) For pine forest, the seed tree system with planting when necessary shall be practised.

(c) For other types of forest, the silvicultural and harvesting system that will be found suitable by
research shall be applied. Meanwhile, a system based on observation and practices abroad may be
adopted initially.
Any practised system are subject to modification or changes based on research findings.
Section 23. Timber inventory. The Bureau shall conduct a program of progressive inventories of the
harvestable timber and young trees in all forest lands, whether covered by any license agreement, license,
lease or permit, or not, until a one hundred per cent (100%) timber inventory thereon has been achieved.
Section 24. Required inventory prior to timber utilization in forest lands. No harvest of timber in any forest
land shall be allowed unless it has been the subject of at least a five per cent (5%) timber inventory, or any
statistically sound timber estimate, made not earlier than five (5) years prior to the issuance of a license
agreement or license allowing such utilization.
Section 25. Cutting cycle. The Bureau shall apply scientific cutting cycle and rotation in all forest lands, giving
particular consideration to the age, volume and kind of healthy residual trees which may be left undisturbed
and undamaged for future harvest and forest cover indipterocarp area, and seed trees and reproduction in
pine area.
Section 26. Annual allowable cut. The annual allowable cut of any particular forest land shall be determined
on the basis of the established rotation and cutting cycle thereof, and the volume and kind of harvestable
timber and healthy residuals, seed trees and reproduction found therein.
Section 27. Duration of license agreement or license to harvest timber in forest lands. The duration of the
privilege to harvest timber in any particular forest land under a license agreement or license shall be fixed
and determined in accordance with the annual allowable cut therein, the established cutting cycle thereof,
the yield capacity of harvestable timber, and the capacity of healthy residuals for a second growth.
The privilege shall automatically terminate, even before the expiration of the license agreement of license,
the moment the harvestable timber have been utilized without leaving any logged-over area capable of
commercial utilization.
The maximum period of any privilege to harvest timber is twenty-five (25) years, renewable for a period, not
exceeding twenty-five (25) years, necessary to utilize all the remaining commercial quantity or harvestable
timber either from the unlogged or logged-over area.
It shall be a condition for the continued privilege to harvest timber under any license or license agreement
that the licensee shall reforest all the areas which shall be determined by the Bureau.
Section 28. Size of forest concessions. Forest lands shall not be held in perpetuity.
The size of the forest lands which may be the subject of timber utilization shall be limited to that which a
person may effectively utilize and develop for a period of fifty (50) years, considering the cutting cycle, the
past performance of the applicant and his capacity not only to utilize but, more importantly, to protect and
manage the whole area, and the requirements of processing plants existing or to be installed in the region.

Forest concessions which had been the subject of consolidations shall be reviewed and re-evaluated for the
effective implementation of protection, reforestation and management thereof under the multiple use and
sustained yield concepts, and for the processing locally of the timber resources therefrom.
B. WOOD-PROCESSING
Section 29. Incentives to the wood industry. The Department Head, in collaboration with other government
agencies and the wood industry associations and other private entities in the country, shall evolve incentives
for the establishment of an integrated wood industry in designated wood industry centers and/or economic
area.
The President of the Philippines, upon the recommendations of the National Economic Development
Authority and the Department Head, may establish wood industry import-export centers in selected
locations: Provided, That logs imported for such centers shall be subject to such precaution as may be
imposed by the Bureau, in collaboration with proper government agencies, to prevent the introduction of
pests, insects and/or diseases detrimental to the forests.
Section 30. Rationalization of the wood industry. While establishment of wood-processing plants shall be
encouraged, their locations and operations shall be regulated in order to rationalize the industry. No new
processing plant shall be established unless adequate raw material is available on a sustained-yield basis in
the area where the raw materials will come from.
The Department Head may cancel, suspend, or phase-out all uneconomical wood-processing plants which are
not responsive to the rationalization program of the government.
Section 31. Wood wastes, weed trees and residues. Timber licensees shall be encouraged and assisted to
gather and save the wood wastes and weed trees in their concessions, and those with processing plants, the
wood residues thereof, for utilization and conversion into wood by-products and derivatives.
Section 32. Log production and processing. Unless otherwise decreed by the President, upon
recommendation of the National Economic Development Authority, the entire production of logs by all
licensees shall, beginning January 1, 1976, be processed locally.
A licensee who has no processing plant may, subject to the approval of the Director, enter into a contract
with a wood processor for the processing of his logs. Wood processors shall accept for processing only logs
cut by, or purchased from, licensees of good standing at the time of the cutting of logs.
C. REFORESTATION
Section 33. Forest lands to be reforested. The following shall be reforested and covered with suitable and
sufficient trees, to wit:
(a) Bare or grass-covered tracts of forest lands with at least fifty per cent (50%) slope;
(b) Bare or grass-covered tracts of forest lands with less than fifty per cent (50%) slope, but with soil
so highly erodible as to make grass cover inadequate for soil erosion control;
(c) Brushlands or tracts of forest lands generally covered with brush, which need to be developed to
increase their productivity;

(d) Open tracts of forest lands with slopes or gradients generally exceeding fifty per cent (50%),
interspersed with patches of forest each of which is less than two hundred fifty (250) hectares in
area;
(e) Denuded or inadequately-timbered areas proclaimed by the President as forest reserves and
reservations as critical watersheds, national parks, game refuge, bird sanctuaries, national shrines,
national historic sites;
(f) Inadequately-stocked forest lands within forest concessions;
(g) Portions of areas covered by pasture leases or permits having a slope of at least fifty per cent
(50%); and
(h) River banks, easements, road rights-of-ways, deltas, swamps, former river beds, and beaches.
Section 34. Industrial Tree Plantations and Tree Farms. A lease for a period of twenty-five (25) years,
renewable for another period not exceeding twenty-five (25) years, for the establishment of an industrial
tree plantation or a tree farm may be granted by the Department Head upon recommendation of the
Director to any person qualified to develop and exploit natural resources, over timber or forest lands of the
public domain categorized in Section 33 hereof, with a minimum area of One Thousand (1,000) hectares for
industrial tree plantation and One Hundred (100) hectares for tree farm; Provided, That the size of the area
that may be granted under each category shall in each case depend upon the capacity of the lessee to
develop or convert the area into productive condition within the term of the lease; Provided, further, That no
lease shall be granted within critical watersheds.
Scattered areas of less than One Hundred (100) hectares each may be leased for the establishment of tree
farms to different qualified persons upon a showing that if developed as an integrated unit these areas can
be economically exploited: Provided, That it shall be a condition of the lease that such persons organize
themselves into a cooperative to ensure the orderly management thereof.
The lease may be granted under such terms and conditions as the Department Head may prescribe, taking
into account, among others, the raw material needs of forest-based industries and the maintenance of a
wholesome ecological balance.
Reforestation projects of the Government, or portions thereof which, upon field evaluation, are found to be
more suitable for, or can be better developed as, industrial tree plantations or tree farms in terms of benefits
to the Government and the general surrounding area, may be the subject of the lease under this section.
Section 35. Priority. Over any suitable area covered by a timber license agreement, or a pasture lease
agreement or permit, the priority to establish industrial forest plantation or tree farm shall be given to the
holder thereof.
The priority herein granted must, however, be availed of within a reasonable period to be determined by the
Department Head, otherwise, the area shall be declared open to any qualified person and consequently
segregated from the holder's area.
Section 36. Incentives. To encourage qualified persons to engage in industrial tree plantation and/or tree
farming, the following incentives are granted:

(a) Payment of a nominal filing fee of fifty centavos (P0.50) per hectare;
(b) No rental shall be collected during the first five (5) years from the date of the lease; from the
sixth year to the tenth year, the annual rental shall be fifty centavos (P0.50) per hectare; and
thereafter, the annual rental shall be one peso (P1.00) per hectare: Provided, That lessees of areas
long denuded as certified by the Director and approved by the Department Head, shall be exempted
from the payment of rental for the full term of the lease which shall not exceed twenty-five (25)
years; for the first five (5) years following the renewal of the lease, the annual rental shall be fifty
centavos (P0.50) per hectare; and thereafter, the annual rental shall be one peso (P1.00) per hectare.
(c) The lessee shall pay forest charges on the timber and other forest products grown and cut or
gathered in an industrial tree plantation or tree farm equivalent to six percent (6%) current market
value thereof;
(d) Sale at cost of seedlings and free technical advice and assistance to persons who will develop
their privately-owned lands into industrial tree plantation or tree farm;
(e) Exemption from the payment of the percentage tax levied in Title V of the National Internal
Revenue Code when the timber and forest products are sold, bartered or exchanged by the lessee
whether in their original state or not;
(f) The Board of Investments shall, notwithstanding its nationality requirement on projects involving
natural resources, classify industrial tree plantations and tree farms as pioneer areas of investment
under its annual priority plan, to be governed by the rules and regulations of said Board. A lessee of
an industrial tree plantation or tree farm may either apply to the Board of Investments for the tax
and other benefits thereunder, or avail of the following benefits:
1. Amounts expended by a lessee in the development and operation of an industrial tree
plantation or tree farm prior to the time when the production state is reached, may, at the
option of said lessee, be regarded as ordinary and necessary business expenses or as capital
expenditures; and
2. Deduction from an investor's taxable income for the year, of an annual investment
allowance equivalent to thirty-three and one-third per cent (33-1/3%) of his actual
investment during the year in an enterprise engaged in industrial tree plantation or tree
farm: Provided, That such investment shall not be withdrawn for a period of at least ten (10)
years from the date of investment: Provided, further, That should the investment be
withdrawn within such period, a tax equivalent to double the amount of the total income
tax rebate resulting from the investment allowance shall be payable as a lump sum in
addition to the income tax due from the taxpayer for the year the investment was
withdrawn.
(g) Except when public interest demands the alteration or modification, the boundaries of an area
covered by an industrial tree plantation or tree farm lease, once established on the ground, shall not
be altered or modified; and
(h) A lessee shall not be subject to any obligation prescribed in, or arising out of, the provisions of the
National Internal Revenue Code on withholding of tax at source upon interests paid on borrowings
incurred for development and operation of the industrial tree plantation or tree farm.

The Department Head may provide other incentives in addition to those hereinabove granted to promote
industrial tree plantation and tree farms in special areas such as, but not limited to, those where there are no
roads or where roads are inadequate, or areas with rough topography and remote areas far from processing
plants.
All amounts collected under this section shall accrue to a special deposit of the Bureau to be used for
reforestation of critical watersheds or degraded areas and other development activities, over and above the
general appropriation of the said Bureau.
D. FOREST PROTECTION
Section 37. Protection of all resources. All measures shall be taken to protect the forest resources from
destruction, impairment and depletion.
Section 38. Control of concession area. In order to achieve the effective protection of the forest lands and the
resources thereof from illegal entry, unlawful occupation, kaingin, fire, insect infestation, theft, and other
forms of forest destruction, the utilization of timber therein shall not be allowed except through license
agreements under which the holders thereof shall have the exclusive privilege to cut all the allowable
harvestable timber in their respective concessions, and the additional right of occupation, possession, and
control over the same, to the exclusive of all others, except the government, but with the corresponding
obligation to adopt all the protection and conservation measures to ensure the continuity of the productive
condition of said areas, conformably with multiple use and sustained yield management.
If the holder of a license agreement over a forest area expressly or impliedly waives the privilege to utilize
any softwood, hardwood or mangrove species therein, a license may be issued to another person for the
harvest thereof without any right of possession or occupation over the areas where they are found, but he
shall, likewise, adopt protection and conservation measures consistent with those adopted by the license
agreement holder in the said areas.
Section 39. Regulation of timber utilization in all other classes of lands and of wood-processing plants. The
utilization of timber in alienable and disposable lands, private lands, civil reservations, and all lands
containing standing or felled timber, including those under the jurisdiction of other government agencies,
and the establishment and operation of saw-mills and other wood-processing plants, shall be regulated in
order to prevent them from being used as shelters for excessive and unauthorized harvests in forest lands,
and shall not therefore be allowed except through a license agreement, license, lease or permit.
Section 40. Timber inventory in other lands containing standing or felled timber. The Bureau shall conduct a
one hundred per cent (100%) timber inventory in alienable and disposable lands and civil reservations
immediately upon classification or reservation thereof.
No harvest of standing or felled timber in alienable and disposable lands, private lands, civil reservation, and
all other lands, including those under the jurisdiction of other government agencies, shall be allowed unless a
one hundred per cent (100%) timber inventory has been conducted thereon.
Section 41. Sworn timber inventory reports. All reports on timber inventories of forest lands, alienable and
disposable lands, private lands, civil reservations, and all lands containing standing or felled timber must be
subscribed and sworn to by all the forest officers who conducted the same.

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

Surface-mined areas shall be restored to as near its former natural configuration or as approved by the
Director prior to its abandonment by the mining concern.
Section 48. Mineral Reservations. Mineral reservations which are not the subject of mining operations or
where operations have been suspended for more than five (5) years shall be placed under forest
management by the Bureau.
Mineral reservations where mining operations have been terminated due to the exhaustion of its minerals
shall revert to the category of forest land, unless otherwise reserved for other purposes.
Section 49. Roads and other infrastructure. Roads and other infrastructure in forest lands shall be
constructed with the least impairment to the resource values thereof.
Government agencies undertaking the construction of roads, bridges, communications, and other
infrastructure and installations inside forest lands, shall coordinate with the Bureau, especially if it will
involve the utilization or destruction of timber and/or other forest resources, or watershed disturbance
therein, in order to adopt measures to avoid or reduce damage or injury to the forest resource values.
They shall likewise extend assistance in the planning and establishment of roads, wharves, piers, port
facilities, and other infrastructure in locations designated as wood-processing centers or for the convenience
of wood-based industries.
In order to coincide and conform to government plans, programs, standards, and specifications, holders of
license agreements, licenses, leases and permits shall not undertake road or infrastructure construction or
installation in forest lands without the prior approval of the Director, or in alienable and disposable lands,
civil reservations and other government lands, without the approval of the government agencies having
administrative jurisdiction over the same.
All roads and infrastructure constructed by holders of license agreements, licenses, leases and permits belong
to the State and the use and administration thereof shall be transferred to the government immediately
upon the expiration or termination thereof. Prior thereto the Bureau may authorize the public use thereof, if
it will not be detrimental to forest conservation measures.
Where roads are utilized by more than one commercial forest user, the Bureau shall prescribe the terms and
conditions of joint use including the equitable sharing of construction and/or maintenance costs, and of the
use of these roads by other parties and the collection of such fees as may be deemed necessary.
Section 50. Logging roads. There shall be indiscriminate construction of logging roads.
Such roads shall be strategically located and their widths regulated so as to minimize clear-cutting,
unnecessary damage or injury to healthy residuals, and erosion. Their construction must not only serve the
transportation need of the logger but, most importantly, the requirement to save as many healthy residuals
as possible during cutting and hauling operations.
Section 51. Management of occupancy in forest lands. Forest occupancy shall henceforth be managed. The
Bureau shall study, determine and define which lands may be the subject of occupancy and prescribed
therein, an agro-forestry development program.
Occupants shall undertake measures to prevent and protect forest resources.

Any occupancy in forest land which will result in sedimentation, erosion, reduction in water yield and
impairment of other resources to the detriment of community and public interest shall not be allowed.
In areas above 50% in slope, occupation shall be conditioned upon the planting of desirable trees thereon
and/or adoption of other conservation measures.
Section 52. Census of kaingineros, squatters, cultural minorities and other occupants and residents in forest
lands. Henceforth, no person shall enter into forest lands and cultivate the same without lease or permit.
A complete census of kaingineros, squatters, cultural minorities and other occupants and residents in forest
lands with or without authority or permits from the government, showing the extent of their respective
occupation and resulting damage, or impairment of forest resources, shall be conducted.
The Bureau may call upon other agencies of the government and holders of license agreement, license, lease
and permits over forest lands to participate in the census.
Section 53. Criminal Prosecution. Kaingineros, squatters, cultural minorities and other occupants who
entered into forest lands before the effectivity of this Code, without permits or authority, shall not be
prosecuted: Provided, That they do not increase their clearings: Provided, further, That they undertake,
within two (2) months from the notice thereof, the activities which will be imposed upon them by the Bureau
in accordance with a management plan calculated to conserve and protect forest resources.
E. SPECIAL USES
Section 54. Pasture in forest lands. No forest land 50% in slope or over may be utilized for pasture purposes.
Forest lands which are being utilized for pasture shall be maintained with sufficient grass cover to protect
soil, water and other forest resources.
If grass cover is insufficient, the same shall be supplemented with trees or such vegetative cover as may be
deemed necessary.
The size of forest lands that may be allowed for pasture and other special uses shall be determined by rules
and regulations, any provision of law to the contrary notwithstanding.
Section 55. Wildlife. Wildlife may be destroyed, killed, consumed, eaten or otherwise disposed of, without
the necessity of permit, for the protection of life, health, safety and property, and the convenience of the
people.
However, the Director may regulate the killing and destruction of wildlife in forest lands in order to maintain
an ecological balance of flora and fauna.
Section 56. Recreation. The Bureau shall, in the preparation of multiple-use management plans, identify and
provide for the protection of scenic areas in all forest lands which are potentially valuable for recreation and
tourism, and plan for the development and protection of such areas to attract visitors thereto and meet
increasing demands therefor.
The construction and operation of necessary facilities to accommodate outdoor recreation shall be done by
the Bureau with the use of funds derived from rentals and fees for the operation and use of recreational

facilities by private persons or operators, in addition to whatever funds may be appropriated for such
purposes.
Section 57. Other special uses of forest lands. Forest lands may be leased for a period not exceeding twentyfive (25) years, renewable upon the expiration thereof for a similar period, or held under permit, for the
establishment of sawmills, lumber yards, timber depots, logging camps, rights-of-way, or for the construction
of sanatoria, bathing establishments, camps, salt works, or other beneficial purposes which do not in any way
impair the forest resources therein.
F. QUALIFICATIONS
Section 58. Diffusion of benefits. The privilege to utilize, exploit, occupy, or possess forest lands, or to
conduct any activity therein, or to establish and operate wood-processing plants, shall be diffused to as many
qualified and deserving applicants as possible.
Section 59. Citizenship. In the evaluation of applications of corporations, increased Filipino equity and
participation beyond the 60% constitutional limitation shall be encouraged. All other factors being equal, the
applicant with more Filipino equity and participation shall be preferred.
Section 60. Financial and technical capability. No license agreement, license, lease or permit over forest lands
shall be issued to an applicant unless he proves satisfactorily that he has the financial resources and technical
capability not only to minimize utilization, but also to practice forest protection, conservation and
development measures to insure the perpetuation of said forest in productive condition.
Section 61. Transfers. Unless authorized by the Department Head, no licensee, lessee, or permittee may
transfer, exchange, sell or convey his license agreement, license, lease or permit, or any of his rights or
interests therein, or any of his assets used in connection therewith.
The licensee, lessee, or permittee shall be allowed to transfer or convey his license agreement, license, lease
or permit only if he has not violated any forestry law, rule or regulation; has been faithfully complying with
the terms and conditions of the license agreement, license, lease or permit; the transferee has all the
qualifications and none of the disqualifications to hold a license agreement, license, lease or permit; there is
no evidence that such transfer or conveyance is being made for purposes of speculation; and the transferee
shall assume all the obligations of the transferor.
The transferor shall forever be barred from acquiring another license agreement, license, lease or permit.
Section 62. Service contracts. The Department Head, may in the national interest, allow forest products
licensees, lessees, or permittees to enter into service contracts for financial, technical, management, or other
forms of assistance, in consideration of a fee, with any foreign person or entity for the exploration,
development, exploitation or utilization of the forest resources, covered by their license agreements,
licenses, leases or permits. Existing valid and binding service contracts for financial, technical, management
or other forms of assistance are hereby recognized as such.
Section 63. Equity sharing. Every corporation holding a license agreement, license, lease or permit to utilize,
exploit, occupy or possess any forest land, or conduct any activity therein, or establish and operate a woodprocessing plant, shall within one (1) year after the effectivity of this Code, formulate and submit to the
Department Head for approval a plan for the sale of at least twenty percent (20%) of its subscribed capital
stock in favor of its employees and laborers.

The plan shall be so implemented that the sale of the shares of stock shall be effected by the corporation not
later than the sixth year of its operation, or the first year of the effectivity of this Code, if the corporation has
been in operation for more than 5 years prior to such effectivity.
No corporation shall be issued any license agreement, license, lease or permit after the effectivity of this
Code, unless it submits such a plan and the same is approved for implementation within the sixth year of its
operation.
The Department Head shall promulgate the necessary rules and regulations to carry out the provisions of this
section, particularly on the determination of the manner of payment, factors affecting the selling price,
establishment of priorities in the purchase of the shares of stock, and the capability of the deserving
employees and laborers. The industries concerned shall extend all assistance in the promulgation of policies
on the matter, such as the submission of all data and information relative to their operation, personnel
management, and asset evaluation.
G. REGULATORY FEES
Section 64. Charges, fees and bonds. The Department Head, upon recommendation of the Director, shall fix
the amount of charges, rental, bonds and fees for the different kinds of utilization, exploitation, occupation,
possession, or activity inside forest lands, the filing and processing of applications therefor, the issuance and
renewal of license agreements, licenses, leases and permits, and for other services; Provided, That all fees
and charges presently being collected under existing laws and regulations shall continue to be imposed and
collected until otherwise provided; Provided, further, That timber taken and removed from private lands for
commercial purposes shall be exempt from the payment of forest charges.
Section 65. Authority of Department Head to impose other fees. In addition to the fees and charges imposed
under existing laws, rules and regulations, the Department Head is hereby authorized, upon recommendation
of the Director and in consultation with representatives of the industries affected, to impose other fees for
forest protection, management, reforestation, and development, the proceeds of which shall accrue into a
special deposit of the Bureau as its revolving fund for the aforementioned purposes.
Section 66. Collection and Disbursement. The collection of the charges and fees above-mentioned shall be
the responsibility of the Director or his authorized representative. The Director shall remit his monthly
collection of fees and charges mentioned in Section 64 to the Treasurer of the Philippines within the first ten
(10) days of the succeeding month; Provided, That the proceeds of the collection of the fees imposed under
Section 65 and the special deposit heretofore required of licensees shall be constituted into a revolving fund
for such purposes and be deposited in the Philippine National Bank, as a special deposit of the Bureau. The
Budget Commissioner and the National Treasurer shall effect the quarterly releases out of the collection
accruing to the general fund upon request of the Director on the basis of a consolidated annual budget of a
work program approved by the Department Head and the President.
In the case of the special deposit revolving fund, withdrawals therefrom shall be effected by the Department
Head on the basis of a consolidated annual budget prepared by the Director of a work program for the
specific purposes mentioned in Section 65.
Section 67. Basis of Assessment. Tree measurement shall be the basis for assessing government charges and
other fees on timber cut and removed from forest lands, alienable or disposable lands, and the civil
reservations; Provided, That until such time as the mechanics of tree measurement shall have been

developed and promulgated in rules and regulations, the present scaling method provided for in the National
Internal Revenue Code shall be used.
The Director may, with the approval of the Department Head, prescribe a new method of assessment of
forest products and collection of charges thereon based upon the result of production cost and market
studies undertaken by the Bureau; Provided, That such charges shall not be lower than those now imposed.
CHAPTER IV
CRIMINAL OFFENSES AND PENALTIES
Section 68. Cutting, gathering and/or collecting timber or other products without license. Any person who
shall cut, gather, collect, or remove timber or other forest products from any forest land, or timber from
alienable and disposable public lands, or from private lands, without any authority under a license
agreement, lease, license or permit, shall be guilty of qualified theft as defined and punished under Articles
309 and 310 of the Revised Penal Code; Provided, That in the case of partnership, association or corporation,
the officers who ordered the cutting, gathering or collecting shall be liable, and if such officers are aliens,
they shall, in addition to the penalty, be deported without further proceedings on the part of the Commission
on Immigration and Deportation.
The Court shall further order the confiscation in favor of the government of the timber or forest products to
cut, gathered, collected or removed, and the machinery, equipment, implements and tools used therein, and
the forfeiture of his improvements in the area.
The same penalty plus cancellation of his license agreement, lease, license or permit and perpetual
disqualification from acquiring any such privilege shall be imposed upon any licensee, lessee, or permittee
who cuts timber from the licensed or leased area of another, without prejudice to whatever civil action the
latter may bring against the offender.
Section 69. Unlawful occupation or destruction of forest lands. Any person who enters and occupies or
possesses, or makes kaingin for his own private use or for others any forest land without authority under a
license agreement, lease, license or permit, or in any manner destroys such forest land or part thereof, or
causes any damage to the timber stand and other products and forest growths found therein, or who assists,
aids or abets any other person to do so, or sets a fire, or negligently permits a fire to be set in any forest land
shall, upon conviction, be fined in an amount of not less than five hundred pesos (P500.00) nor more than
twenty thousand pesos (P20,000.00) and imprisoned for not less than six (6) months nor more than two (2)
years for each such offense, and be liable to the payment of ten (10) times the rental fees and other charges
which would have been accrued had the occupation and use of the land been authorized under a license
agreement, lease, license or permit: Provided, That in the case of an offender found guilty of making kaingin,
the penalty shall be imprisoned for not less than two (2) nor more than (4) years and a fine equal to eight (8)
times the regular forest charges due on the forest products destroyed, without prejudice to the payment of
the full cost of restoration of the occupied area as determined by the Bureau.
The Court shall further order the eviction of the offender from the land and the forfeiture to the Government
of all improvements made and all vehicles, domestic animals and equipment of any kind used in the
commission of the offense. If not suitable for use by the Bureau, said vehicles shall be sold at public auction,
the proceeds of which shall accrue to the Development Fund of the Bureau.

In case the offender is a government official or employee, he shall, in addition to the above penalties, be
deemed automatically dismissed from office and permanently disqualified from holding any elective or
appointive position.
Section 70. Pasturing Livestock. Imprisonment for not less than six (6) months nor more than two (2) years
and a fine equal to ten (10) times the regular rentals due, in addition to the confiscation of such livestock and
all improvement introduced in the area in favor of the government, shall be imposed upon any person, who
shall, without authority under a lease or permit, graze or cause to graze livestock in forest lands, grazing
lands and alienable and disposable lands which have not as yet been disposed of in accordance with the
Public Land Act; Provided, That in case the offender is a corporation, partnership or association, the officers
and directors thereof shall be liable.
Section 71. Illegal occupation of national parks system and recreation areas and vandalism therein. Any
person who shall, without permit, occupy for any length of time any portion of the national parks system or
shall, in any manner, cut, destroy, damage or remove timber or any species of vegetation or forest cover and
other natural resources found therein, or shall mutilate, deface or destroy objects of natural beauty or of
scenic value within areas in the national parks system, shall be fined not less than two hundred (P200.00)
pesos or more than five hundred (P500.00) pesos exclusive of the value of the thing damaged; Provided, That
if the area requires rehabilitation or restoration as determined by the Director, the offender shall also be
required to restore or compensate for the restoration of the damage; Provided, Further, That any person
who, without proper permit shall hunt, capture or kill any kind of bird, fish or wild animal life within any area
in the national parks system shall be subject to the same penalty; Provided, Finally, That the Court shall order
eviction of the offender from the land and the forfeiture in favor of the Government of all timber or any
species of vegetation and other natural resources collected or removed, and any construction or
improvement made thereon by the offender. If the offender is an association or corporation, the president or
manager shall be directly responsible and liable for the act of his employees or laborers.
In the event that an official of a city or municipal government is primarily responsible for detecting and
convicting the violator of the provisions of this Section, fifty per centum (50%) of the fine collected shall
accrue to such municipality or city for the development of local parks.
Section 72. Destruction of wildlife resources. Any person violating the provisions of Section 55 of this Code, or
the regulations promulgated thereunder, shall be fined not less than one hundred (P100.00) pesos for each
such violation and in addition shall be denied a permit for a period of three (3) years from the date of the
violation.
Section 73. Survey by unauthorized person. Imprisonment for not less than two (2) nor more than four (4)
years, in addition to the confiscation of the implements used in the violation of this section including the
cancellation of the license, if any, shall be imposed upon any person who shall, without permit to survey from
the Director, enter any forest lands, whether covered by a license agreement, lease, license, or permit, or
not, and conduct or undertake a survey for whatever purpose.
Section 74. Misclassification and survey by government official or employee. Any public officer or employee
who knowingly surveys, classifies, or recommends the release of forest lands as alienable and disposable
lands contrary to the criteria and standards established in this Code, or the rules and regulations
promulgated hereunder, shall, after an appropriate administrative proceeding, be dismissed from the service
with prejudice to re-employment, and upon conviction by a court of competent jurisdiction, suffer an
imprisonment of not less than one (1) year and a fine of not less than one thousand, (P1,000.00) pesos. The
survey, classification or release of forest lands shall be null and void.

Section 75. Tax declaration on real property. Imprisonment for a period of not less than two (2) nor more
than four (4) years and perpetual disqualification from holding an elective or appointive office, shall be
imposed upon any public officer or employee who shall issue a tax declaration on real property without a
certification from the Director of Forest Development and the Director of Lands or their duly designated
representatives that the area declared for taxation is alienable and disposable lands, unless the property is
titled or has been occupied and possessed by members of the national cultural minorities prior to July 4,
1955.
Section 76. Coercion and influence. Any person who coerces, influences, abets or persuades the public officer
or employee referred to in the two preceding sections to commit any of the acts mentioned therein shall
suffer imprisonment of not less than one (1) year and pay a fine of five hundred (P500.00) pesos for every
hectare or a fraction thereof so improperly surveyed, classified or released.
Section 77. Unlawful possession of implements and devices used by forest officers. Imprisonment for a period
of not less than (2) nor more than four (4) years and a fine of not less than one thousand pesos (P1,000.00),
nor more than ten thousand (P10,000.00) pesos in addition to the confiscation of such implements and
devices, and the automatic cancellation of the license agreement, lease, license or permit, if the offender is a
holder thereof, shall be imposed upon any person who shall, without authority from the Director or his
authorized representative, make, manufacture, or has in his possession any government marking, hatchet or
other marking implement, or any marker, poster, or other devices officially used by officers of the Bureau for
the marking or identification of timber or other products, or any duplicate, counterfeit, or imitation thereof,
or make or apply a government mark on timber or any other forest products by means of any authentic or
counterfeit device, or alter, deface, or remove government marks or signs, from trees, logs, stumps,
firewoods or other forest products, or destroy, deface, remove or disfigure any such mark, sign, poster or
warning notices set by the Bureau to designate the boundaries of cutting areas, municipal or city forest or
pasture, classified timber land, forest reserve, and areas under the national park system or to make any false
mark or imitation of any mark or sign herein indicated; Provided, That if the offender is a corporation,
partnership or association, the officers and directors thereof shall be liable.
Section 78. Payment, collection and remittance of forest charges. Any person who fails to pay the amount
due and payable under the provisions of this Code, the National Internal Revenue Code, or the rules and
regulations promulgated thereunder, shall be liable to the payment of a surcharge of twenty-five per centum
(25%) of the amount due and payable.
Any person who fails or refuses to remit to the proper authorities said forest charges collectible pursuant to
the provisions of this Code or the National Internal Revenue Code, or who delays, obstructs or prevents the
same, or who orders, causes or effects the transfer or diversion of the funds for purposes other than those
specified in this Code, for each such offense shall, upon conviction, be punished by a fine of not exceeding
one hundred thousand pesos (P100,000.00) and/or imprisonment for a period of not exceeding six (6) years
in the discretion of the Court. If the offender is a government official or employee, he shall, in addition, be
dismissed from the service with prejudice to reinstatement and with disqualification from holding any
elective or appointive office.
If the offender is a corporation, partnership or association, the officers and directors thereof shall be liable.
Section 79. Sale of wood products. No person shall sell or offer for sale any log, lumber, plywood or other
manufactured wood products in the international or domestic market unless he complies with grading rules
and established or to be established by the Government.

Failure to adhere to the established grading rules and standards, or any act of falsification of the volume of
logs, lumber, or other forest products shall be a sufficient cause for the suspension of the export, sawmill, or
other license or permit authorizing the manufacture or sale of such products for a period of not less than two
(2) years.
A duly accredited representative of the Bureau shall certify to the compliance by the licensees with grading
rules.
Every dealer in lumber and other building material covered by this Code shall issue an invoice for each sale of
such material and such invoice shall state that the kind, standard and size of material sold to each purchaser
in exactly the same as described in the invoice. Any violation of this Section shall be sufficient ground for the
suspension of the dealer's license for a period of not less than two (2) years and, in addition thereto, the
dealer shall be punished for each such offense by a fine of not less than two hundred pesos (P200.00) or the
total value of the invoice, whichever is greater.
Section 80. Arrest; Institution of criminal actions. A forest officer or employee of the Bureau shall arrest even
without warrant any person who has committed or is committing in his presence any of the offenses defined
in this Chapter. He shall also seize and confiscate, in favor of the Government, the tools and equipment used
in committing the offense, and the forest products cut, gathered or taken by the offender in the process of
committing the offense. The arresting forest officer or employee shall thereafter deliver within six (6) hours
from the time of arrest and seizure, the offender and the confiscated forest products, tools and equipment
to, and file the proper complaint with, the appropriate official designated by law to conduct preliminary
investigations and file informations in court.
If the arrest and seizure are made in the forests, far from the authorities designated by law to conduct
preliminary investigations, the delivery to, and filing of the complaint with, the latter shall be done within a
reasonable time sufficient for ordinary travel from the place of arrest to the place of delivery. The seized
products, materials and equipment shall be immediately disposed of in accordance with forestry
administrative orders promulgated by the Department Head.
The Department Head may deputize any member or unit of the Philippine Constabulary, police agency,
barangay or barrio official, or any qualified person to protect the forest and exercise the power or authority
provided for in the preceding paragraph.
Reports and complaints regarding the commission of any of the offenses defined in this Chapter, not
committed in the presence of any forest officer or employee, or any of the deputized officers or officials, shall
immediately be investigated by the forest officer assigned in the area where the offense was allegedly
committed, who shall thereupon receive the evidence supporting the report or complaint.
If there is prima facie evidence to support the complaint or report, the investigating forest officer shall file
the necessary complaint with the appropriate official authorized by law to conduct a preliminary
investigation of criminal cases and file an information in Court.
SPECIAL CLAUSES
Section 81. Separability Clause. Should any provision herein be subsequently declared unconstitutional, the
same shall not affect the validity or the legality of the other provisions.

Section 82. Repealing Clause. Presidential Decree Nos. 330, and 389, C.A. No. 452, R.A. No. 4715 and all laws,
orders, rules and regulations or any part thereof which are inconsistent herewith are hereby repealed or
amended accordingly.
Section 83. Date of Effectivity. This Code shall take effect immediately upon promulgation.
Done in the City of Manila, this 19th day of May, in the year of Our Lord, nineteen hundred and seventy-five.

Anti-Bouncing Check Law (B.P. Blg.22)

BATAS PAMBANSA BLG. 22
AN ACT PENALIZING THE MAKING OR DRAWING AND ISSUANCE OF A CHECK WITHOUT SUFFICIENT
FUNDS OR CREDIT AND FOR OTHER PURPOSES.
Section 1. Checks without sufficient funds. - Any person who makes or draws and issues any check to
apply on account or for value, knowing 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, 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, 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, or both such fine and imprisonment at the discretion of the
court.
The same penalty shall be imposed upon any person who, 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.
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 under this Act.
Section 2. Evidence of knowledge of insufficient funds. - The making, drawing and issuance of a check
payment of which is refused by the drawee because of insufficient funds in or credit with such bank,
when presented within ninety (90) days from the date of the check, shall be prima facie evidence of
knowledge of such insufficiency of funds or credit unless such maker or drawer pays the holder thereof
the amount due thereon, or makes arrangements for payment in full by the drawee of such check within
(5) banking days after receiving notice that such check has not been paid by the drawee.
Section 3. Duty of drawee; rules of evidence. - It shall be the duty of the drawee of any check, when
refusing to pay the same to the holder thereof upon presentment, to cause to be written, printed, or
stamped in plain language thereon, or attached thereto, the reason for drawee's dishonor or refusal to
pay the same: Provided, That where there are no sufficient funds in or credit with such drawee bank,
such fact shall always be explicitly stated in the notice of dishonor or refusal. In all prosecutions under
this Act, the introduction in evidence of any unpaid and dishonored check, having the drawee's refusal
to pay stamped or written thereon or attached thereto, with the reason therefor as aforesaid, shall be
prima facie evidence of the making or issuance of said check, and the due presentment to the drawee
for payment and the dishonor thereof, and that the same was properly dishonored for the reason
written, stamped or attached by the drawee on such dishonored check.
Not with standing receipt of an order to stop payment, the drawee shall state in the notice that there
were no sufficient funds in or credit with such bank for the payment in full of such check, if such be the
fact.

Section 4. Credit construed. - The word "credit" as used herein shall be construed to mean an
arrangement or understanding with the bank for the payment of such check.
Section 5. Liability under the Revised Penal Code. - Prosecution under this Act shall be without prejudice
to any liability for violation of any provision of the Revised Penal Code.
Section 6. Separability clause. - If any separable provision of this Act be declared unconstitutional, the
remaining provisions shall continue to be in force.
Section 7. Effectivity. - This Act shall take effect fifteen days after publication in the Official Gazette.
Approved: April 3, 1979.

Comprehensive Firearms and Ammunition Regulation Act (R.A. No. 10591)

Republic of the Philippines
CONGRESS OF THE PHILIPPINES
Metro Manila
Fifteenth Congress
Third Regular Session
Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand twelve.
REPUBLIC ACT No. 10591
AN ACT PROVIDING FOR A COMPREHENSIVE LAW ON FIREARMS AND AMMUNITION AND PROVIDING
PENALTIES FOR VIOLATIONS THEREOF
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
ARTICLE I
TITLE, DECLARATION OF POLICY AND DEFINITION OF TERMS
Section 1. Short Title. This Act shall be known as the "Comprehensive Firearms and Ammunition
Regulation Act".
Section 2. Declaration of State Policy. It is the policy of the State to maintain peace and order and
protect the people against violence. The State also recognizes the right of its qualified citizens to selfdefense through, when it is the reasonable means to repel the unlawful aggression under the
circumstances, the use of firearms. Towards this end, the State shall provide for a comprehensive law
regulating the ownership, possession, carrying, manufacture, dealing in and importation of firearms,
ammunition, or parts thereof, in order to provide legal support to law enforcement agencies in their
campaign against crime, stop the proliferation of illegal firearms or weapons and the illegal manufacture
of firearms or weapons, ammunition and parts thereof.
Section 3. Definition of Terms. As used in this Act:
(a) Accessories refer to parts of a firearm which may enhance or increase the operational
efficiency or accuracy of a firearm but will not constitute any of the major or minor internal
parts thereof such as, hut not limited to, laser scope, telescopic sight and sound suppressor or
silencer.
(b) Ammunition refers to a complete unfixed unit consisting of a bullet, gunpowder, cartridge
case and primer or loaded shell for use in any firearm.
(c) 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.
(d) 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
of one country to that of another country which has not been authorized in accordance with
domestic law in either or both country/countries.
(e) Authority to import refers to a document issued by the Chief of the Philippine National Police
(PNP) authorizing the importation of firearms, or their parts, ammunition and other
components.
(f) Authorized dealer refers to any person, legal entity, corporation, partnership or business
entity duly licensed by the Firearms and Explosive Office (FEO) of the PNP to engage in the
business of buying and selling ammunition, firearms or parte thereof, at wholesale or retail
basis.
(g) Authorized importer refers to any person, legal entity, corporation, partnership or business
duly licensed by the FEO of the PNP to engage in the business of importing ammunition and
firearms, or parts thereof into the territory of the Republic of the Philippines for purposes of
sale or distribution under the provisions of this Act.
(h) Authorized manufacturer refers to any person, legal entity, corporation, or partnership duly
licensed by the FEO of the PNP to engage in the business of manufacturing firearms, and
ammunition or parts thereof for purposes of sale or distribution.1wphi1
(i) Confiscated firearm refers to a firearm that is taken into custody by the PNP, National Bureau
of Investigation (NBI), Philippine Drug Enforcement Agency (PDEA), and all other law
enforcement agencies by reason of their mandate and must be necessarily reported or turned
over to the PEO of the PNP.
(j) Demilitarized firearm refers to a firearm deliberately made incapable of performing its main
purpose of firing a projectile.
(k) Duty detail order refers to a document issued by the juridical entity or employer wherein the
details of the disposition of firearm is spelled-out, thus indicating the name of the employee, the
firearm information, the specific duration and location of posting or assignment and the
authorized bonded firearm custodian for the juridical entity to whom such firearm is turned
over after the lapse of the order.
(l) Firearm refers to any handheld or portable weapon, whether a small arm or light weapon,
that expels or is designed to expel a bullet, shot, slug, missile or any projectile, which is
discharged by means of expansive force of gases from burning gunpowder or other form of
combustion or any similar instrument or implement. For purposes of this Act, the barrel, frame
or receiver is considered a firearm.

(m) Firearms Information Management System (FIMS) refers to the compilation of all data and
information on firearms ownership and disposition for record purposes.
(n) Forfeited firearm refers to a firearm that is subject to forfeiture by reason of court order as
accessory penalty or for the disposition by the FEO of the PNP of firearms considered as
abandoned, surrendered, confiscated or revoked in compliance with existing rules and
regulations.
(o) Gun club refers to an organization duly registered with and accredited in good standing by
the FEO of the PNP which is established for the purpose of propagating responsible and safe gun
ownership, proper appreciation and use of firearms by its members, for the purpose of sports
and shooting competition, self-defense and collection purposes.
(p) Gunsmith refers to any person, legal entity, corporation, partnership or business duly
licensed by the FEO of the PNP to engage in the business of repairing firearms and other
weapons or constructing or assembling firearms and weapons from finished or manufactured
parts thereof on a per order basis and not in commercial quantities or of making minor parts for
the purpose of repairing or assembling said firearms or weapons.
(q) Imitation firearm refers to a replica of a firearm, or other device that is so substantially
similar in coloration and overall appearance to an existing firearm as to lead a reasonable
person to believe that such imitation firearm is a real firearm.
(r) Licensed citizen refers to any Filipino who complies with the qualifications set forth in this Act
and duly issued with a license to possess or to carry firearms outside of the residence in
accordance with this Act.
(s) Licensed, juridical entity refers to corporations, organizations, businesses including security
agencies and local government units (LGUs) which are licensed to own and possess firearms in
accordance with this Act.
(t) Light weapons are: Class-A Light weapons which refer to self-loading pistols, rifles and
carbines, submachine guns, assault rifles and light machine guns not exceeding caliber 7.62MM
which have fully automatic mode; and Class-B Light weapons which refer to weapons designed
for use by two (2) or more persons serving as a crew, or rifles and machine guns exceeding
caliber 7.62MM such as heavy machine guns, handheld underbarrel and mounted grenade
launchers, portable anti-aircraft guns, portable anti-tank guns, recoilless rifles, portable
launchers of anti-tank missile and rocket systems, portable launchers of anti-aircraft missile
systems, and mortars of a caliber of less than 100MM.
(u) Long certificate of registration refers to licenses issued to government agencies or offices or
government-owned or -controlled corporations for firearms to be used by their officials and
employees who are qualified to possess firearms as provider in this Act, excluding security
guards.
(v) Loose firearm refers to an unregistered firearm, an obliterated or altered firearm, firearm
which has been lost or stolen, illegally manufactured firearms, registered firearms in the

possession of an individual other than the licensee and those with revoked licenses in
accordance with the rules and regulations.
(w) Major part or components of a firearm refers to the barrel, slide, frame, receiver, cylinder or
the bolt assembly. The term also includes any part or kit designed and intended for use in
converting a semi-automatic burst to a full automatic firearm.
(x) Minor parts of a firearm refers to the parts of the firearm other than the major parts which
are necessary to effect and complete the action of expelling a projectile by way of combustion,
except those classified as accessories.
(y) Permit to carry firearm outside of residence refers to a written authority issued to a licensed
citizen by the Chief of the PNP which entitles such person to carry his/her registered or lawfully
issued firearm outside of the residence for the duration and purpose specified in the authority.
(z) Permit to transport firearm refers to a written authority issued to a licensed citizen or entity
by the Chief of the PNP or by a PNP Regional Director which entitles such person or entity to
transport a particular firearm from and to a specific location within the duration and purpose in
the authority.
(aa) Residence refers to the place or places of abode of the licensed citizen as indicated in
his/her license.
(bb) Shooting range refers to a facility established for the purpose of firearms training and skills
development, firearm testing, as well as for sports and competition shooting either for the
exclusive use of its members or open to the general public, duly registered with and accredited
in good standing by the FEO of the PNP.
(cc) Short certificate of registration refers to a certificate issued by the FEO of the PNP for a
government official or employee who was issued by his/her employer department, agency or
government-owned or -controlled corporation a firearm covered by the long certificate of
registration.
(dd) Small arms refer to firearms intended to be or primarily designed for individual use or that
which is generally considered to mean a weapon intended to be fired from the hand or
shoulder, which are not capable of fully automatic bursts of discharge, such as:
(1) Handgun which is a firearm intended to be fired from the hand, which includes:
(i) A pistol which is a hand-operated firearm having a chamber integral with or
permanently aligned with the bore which may be self-loading; and
(ii) Revolver which is a hand-operated firearm with a revolving cylinder
containing chambers for individual cartridges.

(2) Rifle which is a shoulder firearm or designed to be fired from the shoulder that can
discharge a bullet through a rifled barrel by different actions of loading, which may be
classified as lever, bolt, or self-loading; and
(3) Shotgun which is a weapon designed, made and intended to fire a number of ball
shots or a single projectile through a smooth bore by the action or energy from burning
gunpowder.
(ee) Sports shooting competition refers to a defensive, precision or practical sport shooting
competition duly authorized by the FEO of the PNP.
(ff) Tampered, obliterated or altered firearm refers to any firearm whose serial number or other
identification or ballistics characteristics have been intentionally tampered with, obliterated or
altered without authority or in order to conceal its source, identity or ownership.
(gg) Thermal weapon sight refers to a battery operated, uncooled thermal imaging device which
amplifies available thermal signatures so that the viewed scene becomes clear to the operator
which is used to locate and engage targets during daylight and from low light to total darkness
and operates in adverse conditions such as light rain, light snow, and dry smoke or in
conjunction with other optical and red dot sights.
ARTICLE II
OWNERSHIP AND POSSESSION OF FIREARMS
Section 4. Standards and Requisites for Issuance of and Obtaining a License to Own and Possess
Firearms. In order to qualify and acquire a license to own and possess a firearm or firearms and
ammunition, the applicant must be a Filipino citizen, at least twenty-one (21) years old and has gainful
work, occupation or business or has filed an Income Tax Return (ITR) for the preceding year as proof of
income, profession, business or occupation.
In addition, the applicant shall submit the following certification issued by appropriate authorities
attesting the following:
(a) The applicant has not been convicted of any crime involving moral turpitude;
(b) The applicant has passed the psychiatric test administered by a PNP-accredited psychologist
or psychiatrist;
(c) The applicant has passed the drug test conducted by an accredited and authorized drug
testing laboratory or clinic;
(d) The applicant has passed a gun safety seminar which is administered by the PNP or a
registered and authorized gun club;
(e) The applicant has filed in writing the application to possess a registered firearm which shall
state the personal circumstances of the applicant;

(f) The applicant must present a police clearance from the city or municipality police office; and
(g) The applicant has not been convicted or is currently an accused in a pending criminal case
before any court of law for a crime that is punishable with a penalty of more than two (2) years.
For purposes of this Act, an acquittal or permanent dismissal of a criminal case before the courts of law
shall qualify the accused thereof to qualify and acquire a license.
The applicant shall pay the reasonable licensing fees as may be provided in the implementing rules and
regulations of this Act.
An applicant who intends to possess a firearm owned by a juridical entity shall submit his/her duty detail
order to the FEO of the PNP.
Section 5. Ownership of Firearms and Ammunition by a Juridical Entity. A juridical person maintaining
its own security force may be issued a regular license to own and possess firearms and ammunition
under the following conditions:
(a) It must be Filipino-owned and duly registered with the Securities and Exchange Commission
(SEC);
(b) It is current, operational and a continuing concern;
(c) It has completed and submitted all its reportorial requirements to the SEC; and
(d) It has paid all its income taxes for the year, as duly certified by the Bureau of Internal
Revenue.
The application shall be made in the name of the juridical person represented by its President or any of
its officers mentioned below as duly authorized in a board resolution to that effect: Provided, That the
officer applying for the juridical entity, shall possess all the qualifications required of a citizen applying
for a license to possess firearms.
Other corporate officers eligible to represent the juridical person are: the vice president, treasurer, and
board secretary.
Security agencies and LGUs shall be included in this category of licensed holders but shall be subject to
additional requirements as may be required by the Chief of the PNP.
Section 6. Ownership of Firearms by the National Government. All firearms owned by the National
Government shall be registered with the FEO of the PNP in the name of the Republic of the Philippines.
Such registration shall be exempt from all duties and taxes that may otherwise be levied on other
authorized owners of firearms. For reason of national security, firearms of the Armed Forces of the
Philippines (AFP), Coast Guard and other law enforcement agencies shall only be reported to the FEO of
the PNP.

Section 7. Carrying of Firearms Outside of Residence or Place of Business. A permit to carry firearms
outside of residence shall be issued by the Chief of the PNP or his/her duly authorized representative to
any qualified person whose life is under actual threat or his/her life is in imminent danger due to the
nature of his/her profession, occupation or business.
It shall be the burden of the applicant to prove that his/her life is under actual threat by submitting a
threat assessment certificate from the PNP.
For purposes of this Act, the following professionals are considered to be in imminent danger due to the
nature of their profession, occupation or business:
(a) Members of the Philippine Bar;
(b) Certified Public Accountants;
(c) Accredited Media Practitioners;
(d) Cashiers, Bank Tellers;
(e) Priests, Ministers, Rabbi, Imams;
(f) Physicians and Nurses;
(g) Engineers; and
(h) Businessmen, who by the nature of their business or undertaking, are exposed to high risk of
being targets of criminal elements.
ARTICLE III
REGISTRATION AND LICENSING
Section 8. Authority to Issue License. The Chief of the PNP, through the FEO of the PNP, shall issue
licenses to qualified individuals and to cause the registration of firearms.
Section 9. Licenses Issued to Individuals. Subject to the requirements set forth in this Act and payment
of required fees to be determined by the Chief of the PNP, a qualified individual may be issued the
appropriate license under the following categories;
Type 1 license allows a citizen to own and possess a maximum of two (2) registered firearms;
Type 2 license allows a citizen to own and possess a maximum of five (5) registered firearms;
Type 3 license allows a citizen to own and possess a maximum of ten (10) registered firearms;
Type 4 license allows a citizen to own and possess a maximum of fifteen (15) registered
firearms; and

Type 5 license allows a citizen, who is a certified gun collector, to own and possess more than
fifteen (15) registered firearms.
For Types 1 to 5 licenses, a vault or a container secured by lock and key or other security measures for
the safekeeping of firearms shall be required.
For Types 3 to 5 licenses, the citizen must comply with the inspection and bond requirements.
Section 10. Firearms That May Be Registered. Only small arms may be registered by licensed citizens
or licensed juridical entities for ownership, possession and concealed carry. A light weapon shall be
lawfully acquired or possessed exclusively by the AFP, the PNP and other law enforcement agencies
authorized by the President in the performance of their duties: Provided, That private individuals who
already have licenses to possess Class-A light weapons upon the effectivity of this Act shall not be
deprived of the privilege to continue possessing the same and renewing the licenses therefor, for the
sole reason that these firearms are Class "A" light weapons, and shall be required to comply with other
applicable provisions of this Act.
Section 11. Registration of Firearms. The licensed citizen or licensed juridical entity shall register
his/her/its firearms so purchased with the FEO of the PNP in accordance with the type of license such
licensed citizen or licensed juridical entity possesses. A certificate of registration of the firearm shall be
issued upon payment of reasonable fees.
For purposes of this Act, registration refers to the application, approval, record-keeping and monitoring
of firearms with the FEO of the PNP in accordance with the type of license issued to any person under
Section 9 of this Act.
Section 12. License to Possess Ammunition Necessarily Included. The licenses granted to qualified
citizens or juridical entities as provided in Section 9 of this Act shall include the license to possess
ammunition with a maximum of fifty (50) rounds for each registered firearm: Provided; That the FEO of
the PNP may allow more ammunition to be possessed by licensed sports shooters.
Section 13. Issuance of License to Manufacture or Deal In Firearms and Ammunition. Any person
desiring to manufacture or deal in firearms, parts of firearms or ammunition thereof, or instruments and
implements used or intended to be used in the manufacture of firearms, parts of firearms or
ammunition, shall make an application to:
(a) The Secretary of the Department of the Interior and Local Government (DILG) in the case of
an application for a license to manufacture; and
(b) The Chief of the PNP in the case of a license to deal in firearms and firearms parts,
ammunition and gun repair.
The applicant shall state the amount of capitalization for manufacture or cost of the purchase and sale
of said articles intended to be transacted by such applicant; and the types of firms, ammunition or
implements which the applicant intends to manufacture or purchase and sell under the license applied
for; and such additional information as may be especially requested by the Secretary of the DILG or the
Chief of the PNP.

The Secretary of the DILG or the Chief of the PNP may approve or disapprove such application based on
the prescribed guidelines. In the case of approval, the Secretary of the DILG or the Chief of the PNP shall
indicate the amount of the bond to be executed by the applicant before the issuance of the license and
the period of time by which said license shall be effective, unless sooner revoked by their authority.
Upon approval of the license to manufacture or otherwise deal in firearms by the Secretary of the DILG
or the Chief of the PNP as the case may be, the same shall be transmitted to the FEO of the PNP which
shall issue the license in accordance with the approved terms and conditions, upon the execution and
delivery by the applicant of the required bond conditioned upon the faithful compliance on the part of
the licensee to the laws and regulations relative to the business licensed.
Section 14. Scope of License to Manufacture Firearms and Ammunition. The scope of the License to
Manufacture firearms and ammunition shall also include the following:
(a) The authority to manufacture and assemble firearms, ammunition, spare parts and
accessories, ammunition components, and reloading of ammunitions, within sites, areas, and
factories stated therein. The Secretary of the DILG shall approve such license;
(b) The license to deal in or sell all the items covered by the License to Manufacture, such as
parts, firearms or ammunition and components;
(c) The authority to subcontract the manufacturing of parts and accessories necessary for the
firearms which the manufacturer is licensed to manufacture: Provided, That the subcontractor
of major parts or major components is also licensed to manufacture firearms and ammunition;
and
(d) The authority to import machinery, equipment, and firearm parts and ammunition
components for the manufacture thereof. Firearm parts and ammunition components to be
imported shall, however, be limited to those authorized to be manufactured as reflected in the
approved License to Manufacture. The Import Permit shall be under the administration of the
PNP.
A licensed manufacturer of ammunition is also entitled to import various reference firearms needed to
test the ammunition manufactured under the License to Manufacture. A licensed manufacturer of
firearms, on the other hand, is entitled to import various firearms for reference, test and evaluation for
manufacture of similar, types of firearms covered by the License to Manufacture.
An export permit shall, however, be necessary to export manufactured parts or finished products of
firearms and ammunition. The Export Permit of firearms and ammunition shall be under the
administration of the PNP.
Section 15. Registration of Locally Manufactured and Imported Firearms. Local manufacturers and
importers of firearms and major parts thereof shall register the same as follows:
(a) For locally manufactured firearms and major parts thereof, the initial registration shall be
done at the manufacturing facility: Provided, That firearms intended for export shall no longer
be subjected to ballistic identification procedures; and

(b) For imported firearms and major parts thereof, the registration shall be done upon arrival at
the FEO of the PNP storage facility.
Section 16. License and Scope of License to Deal. The License to Deal authorizes the purchase, sale and
general business in handling firearms and ammunition, major and minor parts of firearms, accessories,
spare parts, components, and reloading machines, which shall be issued by the Chief of the PNP.
Section 17. License and Scope of License for Gunsmiths. The license for gunsmiths shall allow the
grantee to repair registered firearms. The license shall include customization of firearms from finished
or manufactured parts thereof on per order basis and not in commercial quantities and making the
minor parts thereof, i.e. pins, triggers, trigger bows, sights and the like only for the purpose of repairing
the registered firearm. The license for gunsmiths shall be issued by the Chief of the PNP.
Section 18. Firearms for Use in Sports and Competitions. A qualified individual shall apply for a permit
to transport his/her registered firearm/s from his/her residence to the firing range/s and competition
sites as may be warranted.
Section 19. Renewal of Licenses and Registration. All types of licenses to possess a firearm shall be
renewed every two (2) years. Failure to renew the license on or before the date of its expiration shall
cause the revocation of the license and of the registration of the firearm/s under said licensee.
The registration of the firearm shall be renewed every four (4) years. Failure to renew the registration of
the firearm on or before the date of expiration shall cause the revocation of the license of the firearm.
The said firearm shall be confiscated or forfeited in favor of the government after due process.
The failure to renew a license or registration within the periods stated above on two (2) occasions shall
cause the holder of the firearm to be perpetually disqualified from applying for any firearm license. The
application for the renewal of the license or registration may be submitted to the FEO of the PNP, within
six (6) months before the date of the expiration of such license or registration.
Section 20. Inspection and Inventory. The Chief of the PNP or his/her authorized representative shall
require the submission of reports, inspect or examine the inventory and records of a licensed
manufacturer, dealer or importer of firearms and ammunition during reasonable hours.
ARTICLE IV
ACQUISITION, DEPOSIT OF FIREARMS, ABANDONED, DEMILITARIZED AND ANTIQUE FIREARMS
Section 21. Acquisition or Purchase and Sale of Firearms and Ammunition. Firearms and ammunition
may only be acquired or purchased from authorized dealers, importers or local manufacturers and may
be transferred or sold only from a licensed citizen or licensed juridical entity to another licensed citizen
or licensed juridical entity:Provided, That, during election periods, the sale and registration of firearms
and ammunition and the issuance of the corresponding licenses to citizens shall be allowed on the
condition that the transport or delivery thereof shall strictly comply with the issuances, resolutions,
rules and regulations promulgated by the Commission on Elections.
Section 22. Deposit of Firearms by Persons Arriving From Abroad. A person arriving in the Philippines
who is legally in possession of any firearm or ammunition in his/her country of origin and who has

declared the existence of the firearm upon embarkation and disembarkation but whose firearm is not
registered in the Philippines in accordance with this Act shall deposit the same upon written receipt with
the Collector of Customs for delivery to the FEO of the PNP for safekeeping, or for the issuance of a
permit to transport if the person is a competitor in a sports shooting competition. If the importation of
the same is allowed and the party in question desires to obtain a domestic firearm license, the same
should be undertaken in accordance with the provisions of this Act. If no license is desired or leave to
import is not granted, the firearm or ammunition in question shall remain in the custody of the FEO of
the PNP until otherwise disposed of in-accordance with law.
Section 23. Return of Firearms to Owner upon Departure from the Philippines. Upon the departure
from the Philippines of any person whose firearm or ammunition is in the custody of the FEO of the PNP,
the same shall, upon timely request, be delivered to the person through the Collector of Customs. In the
case of a participant in a local sports shooting competition, the firearm must be presented to the
Collector of Customs before the same is allowed to be loaded on board the carrier on which the person
is to board.
Section 24. Safekeeping of Firearms and Ammunition. Any licensee may deposit a registered firearm to
the FEO of the PNP, or any Police Regional Office for safekeeping. Reasonable fees for storage shall be
imposed.
Section 25. Abandoned Firearms and Ammunition. Any firearm or ammunition deposited in the
custody of the FEO of the PNP pursuant to the provisions of this Act, shall be deemed to have been
abandoned by the owner or his/her authorized representative if he/she failed to reclaim the same
within five (5) years or failed to advise the FEO of the PNP of the disposition to be made thereof.
Thereafter, the FEO of the PNP may dispose of the same after compliance with established procedures.
Section 26. Death or Disability of Licensee. Upon the death or legal disability of the holder of a firearm
license, it shall be the duty of his/her next of kin, nearest relative, legal representative, or other person
who shall knowingly come into possession of such firearm or ammunition, to deliver the same to the
FEO of the PNP or Police Regional Office, and such firearm or ammunition shall be retained by the police
custodian pending the issuance of a license and its registration in accordance, with this Act. The failure
to deliver the firearm or ammunition within six (6) months after the death or legal disability of the
licensee shall render the possessor liable for illegal possession of the firearm.
Section 27. Antique Firearm. Any person who possesses an antique firearm shall register the same and
secure a collectors license from the FEO of the PNP. Proper storage of antique firearm shall be strictly
imposed. Noncompliance of this provision shall be considered as illegal possession of the firearm as
penalized in this Act.
ARTICLE V
PENAL PROVISIONS
Section 28. Unlawful Acquisition, or Possession of Firearms and Ammunition. The unlawful acquisition,
possession of firearms and ammunition shall be penalized as follows:
(a) The penalty of prision mayor in its medium period shall be imposed upon any person who
shall unlawfully acquire or possess a small arm;

(b) The penalty of reclusion temporal to reclusion perpetua shall be imposed if three (3) or more
small arms or Class-A light weapons are unlawfully acquired or possessed by any person;
(c) The penalty of prision mayor in its maximum period shall be imposed upon any person who
shall unlawfully acquire or possess a Class-A light weapon;
(d) The penalty of reclusion perpetua shall be imposed upon any person who shall, unlawfully
acquire or possess a Class-B light weapon;
(e) The penalty of one (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:
(1) Loaded with ammunition or inserted with a loaded magazine;
(2) 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;
(3) Fitted or mounted with sniper scopes, firearm muffler or firearm silencer;
(4) Accompanied with an extra barrel; and
(5) Converted to be capable of firing full automatic bursts.
(f) The penalty of 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;
(g) The penalty of 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;
(h) The penalty of 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;
(i) The penalty of 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;
(j) The penalty of 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
(k) The penalty of prision mayor in its maximum period shall be imposed upon any person who
shall unlawfully acquire or possess ammunition for a Class-B light weapon. If the violation 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.

Section 29. Use of Loose Firearm in the Commission of a Crime. The use of a loose firearm, when
inherent in the commission of a crime punishable under the Revised Penal Code or other special laws,
shall be considered as an aggravating circumstance: Provided, That if the crime committed with the use
of a loose firearm is penalized by the law with a maximum penalty which is lower than that prescribed in
the preceding section for illegal possession of firearm, the penalty for illegal possession of firearm shall
be imposed in lieu of the penalty for the crime charged: Provided, further, That if the crime committed
with the use of a loose firearm is penalized by the law with a maximum penalty which is equal to that
imposed under the preceding section for illegal possession of firearms, the penalty of prision mayor in
its minimum period shall be imposed in addition to the penalty for the crime punishable under the
Revised Penal Code or other special laws of which he/she is found guilty.
If the violation of this Act is in furtherance of, or incident to, or in connection with the crime of rebellion
of insurrection, or attempted coup d etat, such violation shall be absorbed as an element of the crime
of rebellion or insurrection, or attempted coup d etat.
If the crime is committed by the person without using the loose firearm, the violation of this Act shall be
considered as a distinct and separate offense.
Section 30. Liability of Juridical Person. The penalty of prision mayor in its minimum to prision mayor in
its medium period shall be imposed upon the owner, president, manager, director or other responsible
officer of/any public or private firm, company, corporation or entity who shall willfully or knowingly
allow any of the firearms owned by such firm, company, corporation or entity to be used by any person
or persons found guilty of violating the provisions of the preceding section, or willfully or knowingly
allow any of them to use unregistered firearm or firearms without any legal authority to be carried
outside of their residence in the course of their employment.
Section 31. Absence of Permit to Carry Outside of Residence. The penalty of prision correccional and a
fine of Ten thousand pesos (P10,000.00) shall be imposed upon any person who is licensed to own a
firearm but who shall carry the registered firearm outside his/her residence without any legal authority
therefor.
Section 32. Unlawful Manufacture, Importation, Sale or Disposition of Firearms or Ammunition or Parts
Thereof, Machinery, Tool or Instrument Used or Intended to be Used in the Manufacture of Firearms,
Ammunition or Parts Thereof. The penalty of reclusion temporal to reclusion perpetua shall be imposed
upon any person who shall unlawfully engage in the manufacture, importation, sale or disposition of a
firearm or ammunition, or a major part of a firearm or ammunition, or machinery, tool or instrument
used or intended to be used by the same person in the manufacture of a firearm, ammunition, or a
major part thereof.
The possession of any machinery, tool or instrument used directly in the manufacture of firearms,
ammunition, or major parts thereof by any person whose business, employment or activity does not
lawfully deal with the possession of such article, shall be prima facie evidence that such article is
intended to be used in the unlawful or illegal manufacture of firearms, ammunition or parts thereof.
The penalty of prision mayor in its minimum period to prision mayor in its medium period shall be
imposed upon any laborer, worker or employee of a licensed firearms dealer who shall unlawfully take,
sell or otherwise dispose of parts of firearms or ammunition which the company manufactures and sells,

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

said individual. If the person found guilty under this paragraph is a public officer or employee, such
person shall suffer the penalty of reclusion perpetua.
Section 39. Grounds for Revocation, Cancellation or Suspension of License or Permit. The Chief of the
PNP or his/her authorized representative may revoke, cancel or suspend a license or permit on the
following grounds:
(a) Commission of a crime or offense involving the firearm, ammunition, of major parts thereof;
(b) Conviction of a crime involving moral turpitude or any offense where the penalty carries an
imprisonment of more than six (6) years;
(c) Loss of the firearm, ammunition, or any parts thereof through negligence;
(d) Carrying of the firearm, ammunition, or major parts thereof outside of residence or
workplace without, the proper permit to carry the same;
(e) Carrying of the firearm, ammunition, or major parts thereof in prohibited places;
(f) Dismissal for cause from the service in case of government official and employee;
(g) Commission of any of the acts penalized under Republic Act No. 9165, otherwise known as
the "Comprehensive Dangerous Drugs Act of 2002;
(h) Submission of falsified documents or misrepresentation in the application to obtain a license
or permit;
(i) Noncompliance of reportorial requirements; and
(j) By virtue of a court order.
Section 40. Failure to Notify Lost or Stolen Firearm or Light Weapon. A fine of Ten thousand pesos
(P10,000.00) shall be imposed upon any licensed firearm holder who fails to report to the FEO of the
PNP that the subject firearm has been lost or stolen within a period of thirty (30) days from the date of
discovery.
Likewise, a fine of Five thousand pesos (P5,000.00) shall be imposed upon any person holding a valid
firearm license who changes residence or office address other than that indicated in the license card and
fails within a period of thirty (30) days from said transfer to notify the FEO of the PNP of such change of
address.
Section 41. Illegal Transfer/Registration of Firearms. It shall be unlawful to transfer possession of any
firearm to any person who has not yet obtained or secured the necessary license or permit thereof.
The penalty of prision correccional shall be imposed upon any person who shall violate the provision of
the preceding paragraph. In addition, he/she shall be disqualified to apply for a license to possess other
firearms and all his/her existing firearms licenses whether for purposes of commerce or possession, shall

be revoked. If government-issued firearms, ammunition or major parts of firearms or light weapons are
unlawfully disposed, sold or transferred by any law enforcement agent or public officer to private
individuals, the penalty of reclusion temporal shall be imposed.
Any public officer or employee or any person who shall facilitate the registration of a firearm through
fraud, deceit, misrepresentation or submission of falsified documents shall suffer the penalty of prision
correccional.
ARTICLE VI
FINAL PROVISIONS
Section 42. Firearms Repository. The FEO of the PNP shall be the sole repository of all firearms records
to include imported and locally manufactured firearms and ammunition. Within one (1) year upon
approval of this Act, all military and law enforcement agencies, government agencies, LGUs and
government-owned or -controlled corporations shall submit an inventory of all their firearms and
ammunition to the PNP.
Section 43. Final Amnesty. Persons in possession of unregistered firearms and holders of expired
license or unregistered firearms shall register and renew the same through the Final General Amnesty
within six (6) months from the promulgation of the implementing rules and regulations of this Act.
During the interim period of six (6) months, no person applying for license shall be charged of any
delinquent payment accruing to the firearm subject for registration. The PNP shall conduct an intensive
nationwide campaign to ensure that the general public is properly informed of the provisions of this Act.
Section 44. Implementing Rules and Regulations. Within one hundred twenty (120) days from the
effectivity of this Act, the Chief of the PNP, after public hearings and consultation with concerned
sectors of society shall formulate the necessary rules and regulations for the effective implementation
of this Act to be published in at least two (2) national newspapers of general circulation.
Section 45. Repealing Clause. This Act repeals Sections 1, 2, 5 and 7 of Presidential Decree No. 1866, as
amended, and Section 6 of Republic Act No. 8294 and all other laws, executive orders, letters of
instruction, issuances, circulars, administrative orders, rules or regulations that are inconsistent
herewith.
Section 46. Separability Clause. If any provision of this Act or any part hereof is held invalid or
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain valid and
subsisting.
Section 47. Effectivity. This Act shall take effect after fifteen (15) days from its publication in a
newspaper of nationwide circulation.
Approved,

(Sgd.) JUAN PONCE ENRILE

(Sgd.) FELICIANO BELMONTE JR.

President of the Senate

Speaker of the House of Representatives

This Act which is a consolidation of Senate Bill No. 3397 and House Bill No. 5484 was finally passed by
the Senate and the House of Representatives on February 4, 2013 and February 5, 2013, respectively.

(Sgd.) EDWIN B. BELLEN

Acting Senate Secretary

Approved: May 29, 2013

(Sgd.) BENIGNO S. AQUINO III
President of the Philippines

(Sgd.) MARILYN B. BARUA-YAP

Secretary General
House of Representatives

Probation Law (P.D. No. 968)

MALACAANG
Manila
PRESIDENTIAL DECREE No. 968 July 24, 1976
ESTABLISHING A PROBATION SYSTEM, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES
WHEREAS, one of the major goals of the government is to establish a more enlightened and humane
correctional systems that will promote the reformation of offenders and thereby reduce the incidence
of recidivism;
WHEREAS, the confinement of all offenders prisons and other institutions with rehabilitation programs
constitutes an onerous drain on the financial resources of the country; and
WHEREAS, there is a need to provide a less costly alternative to the imprisonment of offenders who are
likely to respond to individualized, community-based treatment programs;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers
vested in me by the Constitution, do hereby order and decree the following:
Section 1. Title and Scope of the Decree. This Decree shall be known as the Probation Law of 1976. It
shall apply to all offenders except those entitled to the benefits under the provisions of Presidential
Decree numbered Six Hundred and three and similar laws.
Section 2. Purpose. This Decree shall be interpreted so as to:
(a) promote the correction and rehabilitation of an offender by providing him with individualized
treatment;
(b) provide an opportunity for the reformation of a penitent offender which might be less probable if he
were to serve a prison sentence; and
(c) prevent the commission of offenses.
Section 3. Meaning of Terms. As used in this Decree, the following shall, unless the context otherwise
requires, be construed thus:
(a) "Probation" is a disposition under which a defendant, after conviction and sentence, is released
subject to conditions imposed by the court and to the supervision of a probation officer.
(b) "Probationer" means a person placed on probation.
(c) "Probation Officer" means one who investigates for the court a referral for probation or supervises a
probationer or both.

Section 4. Grant of Probation. Subject to the provisions of this Decree, the court may, after it shall have
convicted and sentenced a defendant and upon application at any time of said defendant, suspend the
execution of said sentence and place the defendant on probation for such period and upon such terms
and conditions as it may deem best.
Probation may be granted whether the sentence imposes a term of imprisonment or a fine only. An
application for probation shall be filed with the trial court, with notice to the appellate court if an appeal
has been taken from the sentence of conviction. The filing of the application shall be deemed a waver of
the right to appeal, or the automatic withdrawal of a pending appeal.
An order granting or denying probation shall not be appealable.
Section 5. Post-sentence Investigation. No person shall be placed on probation except upon prior
investigation by the probation officer and a determination by the court that the ends of justice and the
best interest of the public as well as that of the defendant will be served thereby.
Section 6. Form of Investigation Report. The investigation report to be submitted by the probation
officer under Section 5 hereof shall be in the form prescribed by the Probation Administrator and
approved by the Secretary of Justice.
Section 7. Period for Submission of Investigation Report. The probation officer shall submit to the court
the investigation report on a defendant not later than sixty days from receipt of the order of said court
to conduct the investigation. The court shall resolve the petition for probation not later than five days
after receipt of said report.
Pending submission of the investigation report and the resolution of the petition, the defendant may be
allowed on temporary liberty under his bail filed in the criminal case; Provided, That, in case where no
bail was filed or that the defendant is incapable of filing one, the court may allow the release of the
defendant on recognize the custody of a responsible member of the community who shall guarantee his
appearance whenever required by the court.
Section 8. Criteria for Placing an Offender on Probation. In determining whether an offender may be
placed on probation, the court shall consider all information relative, to the character, antecedents,
environment, mental and physical condition of the offender, and available institutional and community
resources. Probation shall be denied if the court finds that:
(a) the offender is in need of correctional treatment that can be provided most effectively by his
commitment to an institution; or
(b) there is undue risk that during the period of probation the offender will commit another crime; or
(c) probation will depreciate the seriousness of the offense committed.
Section 9. Disqualified Offenders. The benefits of this Decree shall not be extended to those:
(a) sentenced to serve a maximum term of imprisonment of more than six years;
(b) convicted of any offense against the security of the State;

(c) who have previously been convicted by final judgment of an offense punished by imprisonment of
not less than one month and one day and/or a fine of not less than Two Hundred Pesos;
(d) who have been once on probation under the provisions of this Decree; and
(e) who are already serving sentence at the time the substantive provisions of this Decree became
applicable pursuant to Section 33 hereof.
Section 10. Conditions of Probation. Every probation order issued by the court shall contain conditions
requiring that the probationer shall:
(a) present himself to the probation officer designated to undertake his supervision at such place as may
be specified in the order within seventy-two hours from receipt of said order;
(b) report to the probation officer at least once a month at such time and place as specified by said
officer.
The court may also require the probationer to:
(a) cooperate with a program of supervision;
(b) meet his family responsibilities;
(c) devote himself to a specific employment and not to change said employment without the prior
written approval of the probation officer;
(d) undergo medical, psychological or psychiatric examination and treatment and enter and remain in a
specified institution, when required for that purpose;
(e) pursue a prescribed secular study or vocational training;
(f) attend or reside in a facility established for instruction, recreation or residence of persons on
probation;
(g) refrain from visiting houses of ill-repute;
(h) abstain from drinking intoxicating beverages to excess;
(i) permit to probation officer or an authorized social worker to visit his home and place or work;
(j) reside at premises approved by it and not to change his residence without its prior written approval;
or
(k) satisfy any other condition related to the rehabilitation of the defendant and not unduly restrictive of
his liberty or incompatible with his freedom of conscience.

Section 11. Effectivity of Probation Order. A probation order shall take effect upon its issuance, at which
time the court shall inform the offender of the consequences thereof and explain that upon his failure to
comply with any of the conditions prescribed in the said order or his commission of another offense, he
shall serve the penalty imposed for the offense under which he was placed on probation.
Section 12. Modification of Condition of Probation. During the period of probation, the court may, upon
application of either the probationer or the probation officer, revise or modify the conditions or period
of probation. The court shall notify either the probationer or the probation officer of the filing such an
application so as to give both parties an opportunity to be heard thereon.
The court shall inform in writing the probation officer and the probationer of any change in the period
or conditions of probation.
Section 13. Control and Supervision of Probationer. The probationer and his probation program shall be
under the control of the court who placed him on probation subject to actual supervision and visitation
by a probation officer.
Whenever a probationer is permitted to reside in a place under the jurisdiction of another court, control
over him shall be transferred to the Executive Judge of the Court of First Instance of that place, and in
such a case, a copy of the probation order, the investigation report and other pertinent records shall be
furnished said Executive Judge. Thereafter, the Executive Judge to whom jurisdiction over the
probationer is transferred shall have the power with respect to him that was previously possessed by
the court which granted the probation.
Section 14. Period of Probation.
(a) The period of probation of a defendant sentenced to a term of imprisonment of not more than one
year shall not exceed two years, and in all other cases, said period shall not exceed six years.
(b) When the sentence imposes a fine only and the offender is made to serve subsidiary imprisonment
in case of insolvency, the period of probation shall not be less than nor to be more than twice the total
number of days of subsidiary imprisonment as computed at the rate established, in Article thirty-nine of
the Revised Penal Code, as amended.
Section 15. Arrest of Probationer; Subsequent Disposition. At any time during probation, the court may
issue a warrant for the arrest of a probationer for violation of any of the conditions of probation. The
probationer, once arrested and detained, shall immediately be brought before the court for a hearing,
which may be informal and summary, of the violation charged. The defendant may be admitted to bail
pending such hearing. In such a case, the provisions regarding release on bail of persons charged with a
crime shall be applicable to probationers arrested under this provision. If the violation is established, the
court may revoke or continue his probation and modify the conditions thereof. If revoked, the court
shall order the probationer to serve the sentence originally imposed. An order revoking the grant of
probation or modifying the terms and conditions thereof shall not be appealable.
Section 16. Termination of Probation. After the period of probation and upon consideration of the
report and recommendation of the probation officer, the court may order the final discharge of the
probationer upon finding that he has fulfilled the terms and conditions of his probation and thereupon
the case is deemed terminated.

The final discharge of the probationer shall operate to restore to him all civil rights lost or suspend as a
result of his conviction and to fully discharge his liability for any fine imposed as to the offense for which
probation was granted.
The probationer and the probation officer shall each be furnished with a copy of such order.
Section 17. Confidentiality of Records. The investigation report and the supervision history of a
probationer obtained under this Decree shall be privileged and shall not be disclosed directly or
indirectly to anyone other than the Probation Administration or the court concerned, except that the
court, in its discretion, may permit the probationer of his attorney to inspect the aforementioned
documents or parts thereof whenever the best interest of the probationer make such disclosure
desirable or helpful: Provided, Further, That, any government office or agency engaged in the correction
or rehabilitation of offenders may, if necessary, obtain copies of said documents for its official use from
the proper court or the Administration.
Section 18. The Probation Administration. There is hereby created under the Department of Justice an
agency to be known as the Probation Administration herein referred to as the Administration, which
shall exercise general supervision over all probationers.
The Administration shall have such staff, operating units and personnel as may be necessary for the
proper execution of its functions.
Section 19. Probation Administration. The Administration shall be headed by the Probation
Administrator, hereinafter referred to as the Administrator, who shall be appointed by the President of
the Philippines. He shall hold office during good behavior and shall not be removed except for cause.
The Administrator shall receive an annual salary of at least forty thousand pesos. His powers and duties
shall be to:
(a) act as the executive officer of the Administration;
(b) exercise supervision and control over all probation officers;
(c) make annual reports to the Secretary of Justice, in such form as the latter may prescribe, concerning
the operation, administration and improvement of the probation system;
(d) promulgate, subject to the approval of the Secretary of Justice, the necessary rules relative to the
methods and procedures of the probation process;
(e) recommend to the Secretary of Justice the appointment of the subordinate personnel of his
Administration and other offices established in this Decree; and
(f) generally, perform such duties and exercise such powers as may be necessary or incidental to achieve
the objectives of this Decree.

Section 20. Assistant Probation Administrator. There shall be an Assistant Probation Administrator who
shall assist the Administrator perform such duties as may be assigned to him by the latter and as may be
provided by law. In the absence of the Administrator, he shall act as head of the Administration.
He shall be appointed by the President of the Philippines and shall receive an annual salary of at least
thirty-six thousand pesos.
Section 21. Qualifications of the Administrator and Assistant Probation Administrator. To be eligible for
Appointment as Administrator or Assistant Probation Administrator, a person must be at least thirty-five
years of age, holder of a master's degree or its equivalent in either criminology, social work, corrections,
penology, psychology, sociology, public administration, law, police science, police administration, or
related fields, and should have at least five years of supervisory experience, or be a member of the
Philippine Bar with at least seven years of supervisory experience.
Section 22. Regional Office; Regional Probation Officer. The Administration shall have regional offices
organized in accordance with the field service area patterns established under the Integrated
Reorganization Plan.
Such regional offices shall be headed by a Regional Probation Officer who shall be appointed by
President of the Philippines in accordance with the Integrated Reorganization Plan and upon the
recommendation of the Secretary of Justice.
The Regional Probation Officer shall exercise supervision and control over all probation officer within his
jurisdiction and such duties as may assigned to him by the Administrator. He shall have an annual salary
of at least twenty-four thousand pesos.
He shall, whenever necessary, be assisted by an Assistant Regional Probation Officer who shall also be
appointed by the President of the Philippines, upon recommendation of the Secretary of Justice, with an
annual salary of at least twenty thousand pesos.
Section 23. Provincial and City Probation Officers. There shall be at least one probation officer in each
province and city who shall be appointed by the Secretary of Justice upon recommendation of the
Administrator and in accordance with civil service law and rules.
The Provincial or City Probation Officer shall receive an annual salary of at least eighteen thousand four
hundred pesos.
His duties shall be to:
(a) investigate all persons referred to him for investigation by the proper court or the Administrator;
(b) instruct all probationers under his supervision of that of the probation aide on the terms and
conditions of their probations;
(c) keep himself informed of the conduct and condition of probationers under his charge and use all
suitable methods to bring about an improvement in their conduct and conditions;

(d) maintain a detailed record of his work and submit such written reports as may be required by the
Administration or the court having jurisdiction over the probationer under his supervision;
(e) prepare a list of qualified residents of the province or city where he is assigned who are willing to act
as probation aides;
(f) supervise the training of probation aides and oversee the latter's supervision of probationers;
(g) exercise supervision and control over all field assistants, probation aides and other personnel; and
(h) perform such duties as may be assigned by the court or the Administration.
Section 24. Miscellaneous Powers of Provincial and City Probation Officers. Provincial or City Probation
Officers shall have the authority within their territorial jurisdiction to administer oaths and
acknowledgments and to take depositions in connection with their duties and functions under this
Decree. They shall also have, with respect to probationers under their care, the powers of police officer.
Section 25. Qualifications of Regional, Assistant Regional, Provincial, and City Probation Officers. No
person shall be appointed Regional or Assistant Regional or Provincial or City Probation Officer unless he
possesses at least a bachelor's degree with a major in social work, sociology, psychology, criminology,
penology, corrections, police science, administration, or related fields and has at least three years of
experience in work requiring any of the abovementioned disciplines, or is a member of the Philippine
Bar with at least three years of supervisory experience.
Whenever practicable, the Provincial or City Probation Officer shall be appointed from among qualified
residents of the province or city where he will be assigned to work.
Section 26. Organization. Within twelve months from the approval of this Decree, the Secretary of
Justice shall organize the administrative structure of the Administration and the other agencies created
herein. During said period, he shall also determine the staffing patterns of the regional, provincial and
city probation offices with the end in view of achieving maximum efficiency and economy in the
operations of the probation system.
Section 27. Field Assistants, Subordinate Personnel, Provincial or City Probation Officers shall be assisted
by such field assistants and subordinate personnel as may be necessary to enable them to carry out
their duties effectively.
Section 28. Probation Aides. To assist the Provincial or City Probation Officers in the supervision of
probationers, the Probation Administrator may appoint citizens of good repute and probity to act as
probation aides.
Probation Aides shall not receive any regular compensation for services except for reasonable travel
allowance. They shall hold office for such period as may be determined by the Probation Administrator.
Their qualifications and maximum case loads shall be provided in the rules promulgated pursuant to this
Decree.

Section 29. Violation of Confidential Nature of Probation Records. The penalty of imprisonment ranging
from six months and one day to six years and a fine ranging from hundred to six thousand pesos shall be
imposed upon any person who violates Section 17 hereof.
Section 30. Appropriations. There is hereby authorized the appropriation of the sum of Six Million Five
Hundred Thousand Pesos or so much as may be necessary, out of any funds in the National Treasury not
otherwise appropriated, to carry out the purposes of this Decree. Thereafter, the amount of at least Ten
Million Five Hundred Thousand Pesos or so much as may be necessary shall be included in the annual
appropriations of the national government.
Section 31. Repealing Clause. All provisions of existing laws, orders and regulations contrary to or
inconsistent with this Decree are hereby repealed or modified accordingly.
Section 32. Separability of Provisions. If any part, section or provision of this Decree shall be held invalid
or unconstitutional, no other parts, sections or provisions hereof shall be affected thereby.
Section 33. Effectivity. This Decree shall take effect upon its approval: Provided, However, That, the
application of its substantive provisions concerning the grant of probation shall only take effect twelve
months after the certification by the Secretary of Justice to the Chief Justice of the Supreme Court that
the administrative structure of the Probation Administration and of the other agencies has been
organized.
DONE in the City of Manila, this 24th day of July in the year of Our Lord, nineteen hundred and seventysix.

Comprehensive Dangerous Drugs Act (R.A. No. 9165)

Congress of the Philippines

Twelfth Congress
First Regular Session
REPUBLIC ACT NO. 9165

June 7, 2002

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
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
Section 1. Short Title. This Act shall be known and cited as the "Comprehensive Dangerous Drugs Act
of 2002".
Section 2. Declaration of Policy. It is the policy of the State to safeguard the integrity of its territory
and the well-being of its citizenry particularly the youth, from the harmful effects of dangerous drugs on
their physical and mental well-being, and to defend the same against acts or omissions detrimental to
their development and preservation. In view of the foregoing, the State needs to enhance further the
efficacy of the law against dangerous drugs, it being one of today's more serious social ills.
Toward this end, the government shall pursue an intensive and unrelenting campaign against the
trafficking and use of dangerous drugs and other similar substances through an integrated system of
planning, implementation and enforcement of anti-drug abuse policies, programs, and projects. The
government shall however aim to achieve a balance in the national drug control program so that people
with legitimate medical needs are not prevented from being treated with adequate amounts of
appropriate medications, which include the use of dangerous drugs.
It is further declared the policy of the State to provide effective mechanisms or measures to re-integrate
into society individuals who have fallen victims to drug abuse or dangerous drug dependence through
sustainable programs of treatment and rehabilitation.
ARTICLE I
Definition of terms
Section 3. Definitions. As used in this Act, the following terms shall mean:
(a) 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.

(b) Board. - Refers to the Dangerous Drugs Board under Section 77, Article IX of this Act.
(c) Centers. - Any of the treatment and rehabilitation centers for drug dependents referred to in Section
34, Article VIII of this Act.
(d) 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.
(e) Clandestine Laboratory. Any facility used for the illegal manufacture of any dangerous drug and/or
controlled precursor and essential chemical.
(f) Confirmatory Test. An analytical test using a device, tool or equipment with a different chemical or
physical principle that is more specific which will validate and confirm the result of the screening test.
(g) Controlled Delivery. The investigative technique of allowing an unlawful or suspect consignment of
any dangerous drug and/or controlled precursor and essential chemical, equipment or paraphernalia, or
property believed to be derived directly or indirectly from any offense, to pass into, through or out of
the country under the supervision of an authorized officer, with a view to gathering evidence to identify
any person involved in any dangerous drugs related offense, or to facilitate prosecution of that offense.
(h) Controlled Precursors and Essential Chemicals. Include those listed in Tables I and II of the 1988 UN
Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances as enumerated in the
attached annex, which is an integral part of this Act.
(i) Cultivate or Culture. Any act of knowingly planting, growing, raising, or permitting the planting,
growing or raising of any plant which is the source of a dangerous drug.
(j) 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.
(k) Deliver. Any act of knowingly passing a dangerous drug to another, personally or otherwise, and by
any means, with or without consideration.
(l) Den, Dive or Resort. A place where any dangerous drug and/or controlled precursor and essential
chemical is administered, delivered, stored for illegal purposes, distributed, sold or used in any form.
(m) Dispense. Any act of giving away, selling or distributing medicine or any dangerous drug with or
without the use of prescription.
(n) 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.
(o) 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.
(p) 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.
(q) Financier. Any person who pays for, raises or supplies money for, or underwrites any of the illegal
activities prescribed under this Act.
(r) Illegal Trafficking. The illegal cultivation, culture, delivery, administration, dispensation,
manufacture, sale, trading, transportation, distribution, importation, exportation and possession of any
dangerous drug and/or controlled precursor and essential chemical.
(s) Instrument. Any thing that is used in or intended to be used in any manner in the commission of
illegal drug trafficking or related offenses.
(t) Laboratory Equipment. The paraphernalia, apparatus, materials or appliances when used, intended
for use or designed for use in the manufacture of any dangerous drug and/or controlled precursor and
essential chemical, such as reaction vessel, preparative/purifying equipment, fermentors, separatory
funnel, flask, heating mantle, gas generator, or their substitute.
(u) 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.
(v) 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.
(w) 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.

(x) 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.
(y) 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; opium poppy straw;
and leaves or wrappings of opium leaves, whether prepared for use or not.
(z) 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.
(aa) PDEA. Refers to the Philippine Drug Enforcement Agency under Section 82, Article IX of this Act.
(bb) 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.
(cc) 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.
(dd) Practitioner. Any person who is a licensed physician, dentist, chemist, medical technologist, nurse,
midwife, veterinarian or pharmacist in the Philippines.
(ee) 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.
(ff) Pusher. 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.
(gg) 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.
(hh) Screening Test. A rapid test performed to establish potential/presumptive positive result.

(ii) Sell. Any act of giving away any dangerous drug and/or controlled precursor and essential chemical
whether for money or any other consideration.
(jj) Trading. Transactions involving the illegal trafficking of dangerous drugs and/or controlled
precursors and essential chemicals using electronic devices such as, but not limited to, text messages,
email, mobile or landlines, two-way radios, internet, instant messengers and chat rooms or acting as a
broker in any of such transactions whether for money or any other consideration in violation of this Act.
(kk) Use. Any act of injecting, intravenously or intramuscularly, of consuming, either by chewing,
smoking, sniffing, eating, swallowing, drinking or otherwise introducing into the physiological system of
the body, and of the dangerous drugs.
ARTICLE II
Unlawful Acts and Penalties
Section 4. Importation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals.- .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.
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.
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.
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.
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.
Section 5. Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation of
Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. - 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.
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.
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.
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.
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.
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.
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.
Section 6. Maintenance of a Den, Dive or Resort. - The penalty of life imprisonment to death and a fine
ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be
imposed upon any person or group of persons who shall maintain a den, dive or resort where any
dangerous drug is used or sold in any form.
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.
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.
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.

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.
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.
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.
Section 7. Employees and Visitors of a Den, Dive or Resort. - 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:
(a) Any employee of a den, dive or resort, who is aware of the nature of the place as such; and
(b) 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
Section 8. Manufacture of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. - 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.
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.
The presence of any controlled precursor and essential chemical or laboratory equipment in the
clandestine laboratory is a prima facie proof of manufacture of any dangerous drug. It shall be
considered an aggravating circumstance if the clandestine laboratory is undertaken or established under
the following circumstances:
(a) Any phase of the manufacturing process was conducted in the presence or with the help of
minor/s:
(b) Any phase or manufacturing process was established or undertaken within one hundred
(100) meters of a residential, business, church or school premises;
(c) Any clandestine laboratory was secured or protected with booby traps;
(d) Any clandestine laboratory was concealed with legitimate business operations; or

(e) Any employment of a practitioner, chemical engineer, public official or foreigner.

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.
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.
Section 9. Illegal Chemical Diversion of Controlled Precursors and Essential Chemicals. - 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.
Section 10. Manufacture or Delivery of Equipment, Instrument, Apparatus, and Other Paraphernalia for
Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. - 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.
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.
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.
Section 11. Possession of Dangerous Drugs. - 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:
(1) 10 grams or more of opium;
(2) 10 grams or more of morphine;
(3) 10 grams or more of heroin;

(4) 10 grams or more of cocaine or cocaine hydrochloride;

(5) 50 grams or more of methamphetamine hydrochloride or "shabu";
(6) 10 grams or more of marijuana resin or marijuana resin oil;
(7) 500 grams or more of marijuana; and
(8) 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.
Otherwise, if the quantity involved is less than the foregoing quantities, the penalties shall be graduated
as follows:
(1) 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;
(2) 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
(3) 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.
Section 12. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous
Drugs. -The penalty of imprisonment ranging from six (6) months and one (1) day to four (4) years and a
fine ranging from Ten thousand pesos (P10,000.00) 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
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.
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.
Section 13. Possession of Dangerous Drugs During Parties, Social Gatherings or Meetings. 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.
Section 14. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous
Drugs During Parties, Social Gatherings or Meetings. - 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.
Section 15. Use of Dangerous Drugs. 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.
Section 16. Cultivation or Culture of Plants Classified as Dangerous Drugs or are Sources Thereof. - 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.
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.

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.
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.
Section 17. Maintenance and Keeping of Original Records of Transactions on Dangerous Drugs and/or
Controlled Precursors and Essential Chemicals. - 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.
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.
Section 18. Unnecessary Prescription of Dangerous Drugs. 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.
Section 19. Unlawful Prescription of Dangerous Drugs. 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.
Section 20. 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. 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.

After conviction in the Regional Trial Court in the appropriate criminal case filed, the Court shall
immediately schedule a hearing for the confiscation and forfeiture of all the proceeds of the offense and
all the assets and properties of the accused either owned or held by him or in the name of some other
persons if the same shall be found to be manifestly out of proportion to his/her lawful income: Provided,
however, That if the forfeited property is a vehicle, the same shall be auctioned off not later than five (5)
days upon order of confiscation or forfeiture.
During the pendency of the case in the Regional Trial Court, no property, or income derived therefrom,
which may be confiscated and forfeited, shall be disposed, alienated or transferred and the same shall
be in custodia legisand no bond shall be admitted for the release of the same.
The proceeds of any sale or disposition of any property confiscated or forfeited under this Section shall
be used to pay all proper expenses incurred in the proceedings for the confiscation, forfeiture, custody
and maintenance of the property pending disposition, as well as expenses for publication and court
costs. The proceeds in excess of the above expenses shall accrue to the Board to be used in its campaign
against illegal drugs.
Section 21. Custody and Disposition of Confiscated, Seized, and/or Surrendered Dangerous Drugs, Plant
Sources of Dangerous Drugs, Controlled Precursors and Essential Chemicals, Instruments/Paraphernalia
and/or Laboratory Equipment. The PDEA shall take charge and have custody of all dangerous drugs,
plant sources of dangerous drugs, controlled precursors and essential chemicals, as well as
instruments/paraphernalia and/or laboratory equipment so confiscated, seized and/or surrendered, for
proper disposition in the following manner:
(1) The apprehending team having initial custody and control of the drugs shall, immediately
after seizure and confiscation, physically inventory and photograph the same in the presence of
the accused or the person/s from whom such items were confiscated and/or seized, or his/her
representative or counsel, a representative from the media and the Department of Justice
(DOJ), and any elected public official who shall be required to sign the copies of the inventory
and be given a copy thereof;
(2) Within twenty-four (24) hours upon confiscation/seizure of dangerous drugs, plant sources
of dangerous drugs, controlled precursors and essential chemicals, as well as
instruments/paraphernalia and/or laboratory equipment, the same shall be submitted to the
PDEA Forensic Laboratory for a qualitative and quantitative examination;
(3) A certification of the forensic laboratory examination results, which shall be done under oath
by the forensic laboratory examiner, shall be issued within twenty-four (24) hours after the
receipt of the subject item/s: Provided, That when the volume of the dangerous drugs, plant
sources of dangerous drugs, and controlled precursors and essential chemicals does not allow
the completion of testing within the time frame, a partial laboratory examination report shall be
provisionally issued stating therein the quantities of dangerous drugs still to be examined by the
forensic laboratory: Provided, however, That a final certification shall be issued on the
completed forensic laboratory examination on the same within the next twenty-four (24) hours;
(4) After the filing of the criminal case, the Court shall, within seventy-two (72) hours, conduct
an ocular inspection of the confiscated, seized and/or surrendered dangerous drugs, plant

sources of dangerous drugs, and controlled precursors and essential chemicals, including the
instruments/paraphernalia and/or laboratory equipment, and through the PDEA shall within
twenty-four (24) hours thereafter proceed with the destruction or burning of the same, in the
presence of the accused or the person/s from whom such items were confiscated and/or seized,
or his/her representative or counsel, a representative from the media and the DOJ, civil society
groups and any elected public official. The Board shall draw up the guidelines on the manner of
proper disposition and destruction of such item/s which shall be borne by the
offender: Provided, That those item/s of lawful commerce, as determined by the Board, shall be
donated, used or recycled for legitimate purposes: Provided, further, That a representative
sample, duly weighed and recorded is retained;
(5) The Board shall then issue a sworn certification as to the fact of destruction or burning of the
subject item/s which, together with the representative sample/s in the custody of the PDEA,
shall be submitted to the court having jurisdiction over the case. In all instances, the
representative sample/s shall be kept to a minimum quantity as determined by the Board;
(6) The alleged offender or his/her representative or counsel shall be allowed to personally
observe all of the above proceedings and his/her presence shall not constitute an admission of
guilt. In case the said offender or accused refuses or fails to appoint a representative after due
notice in writing to the accused or his/her counsel within seventy-two (72) hours before the
actual burning or destruction of the evidence in question, the Secretary of Justice shall appoint a
member of the public attorney's office to represent the former;
(7) After the promulgation and judgment in the criminal case wherein the representative
sample/s was presented as evidence in court, the trial prosecutor shall inform the Board of the
final termination of the case and, in turn, shall request the court for leave to turn over the said
representative sample/s to the PDEA for proper disposition and destruction within twenty-four
(24) hours from receipt of the same; and
(8) Transitory Provision: a) Within twenty-four (24) hours from the effectivity of this Act,
dangerous drugs defined herein which are presently in possession of law enforcement agencies
shall, with leave of court, be burned or destroyed, in the presence of representatives of the
Court, DOJ, Department of Health (DOH) and the accused/and or his/her counsel, and, b)
Pending the organization of the PDEA, the custody, disposition, and burning or destruction of
seized/surrendered dangerous drugs provided under this Section shall be implemented by the
DOH.
Section 22. Grant of Compensation, Reward and Award. The Board shall recommend to the concerned
government agency the grant of compensation, reward and award to any person providing information
and to law enforcers participating in the operation, which results in the successful confiscation, seizure
or surrender of dangerous drugs, plant sources of dangerous drugs, and controlled precursors and
essential chemicals.
Section 23. Plea-Bargaining Provision. Any person charged under any provision of this Act regardless
of the imposable penalty shall not be allowed to avail of the provision on plea-bargaining.

Section 24. Non-Applicability of the Probation Law for Drug Traffickers and Pushers. Any person
convicted for drug trafficking or pushing under this Act, regardless of the penalty imposed by the Court,
cannot avail of the privilege granted by the Probation Law or Presidential Decree No. 968, as amended.
Section 25. Qualifying Aggravating Circumstances in the Commission of a Crime by an Offender Under
the Influence of Dangerous Drugs. Notwithstanding the provisions of any law to the contrary, a
positive finding for the use of dangerous drugs shall be a qualifying aggravating circumstance in the
commission of a crime by an offender, and the application of the penalty provided for in the Revised
Penal Code shall be applicable.
Section 26. Attempt or Conspiracy. Any attempt or conspiracy to commit the following unlawful acts
shall be penalized by the same penalty prescribed for the commission of the same as provided under
this Act:
(a) Importation of any dangerous drug and/or controlled precursor and essential chemical;
(b) Sale, trading, administration, dispensation, delivery, distribution and transportation of any
dangerous drug and/or controlled precursor and essential chemical;
(c) Maintenance of a den, dive or resort where any dangerous drug is used in any form;
(d) Manufacture of any dangerous drug and/or controlled precursor and essential chemical; and
(e) Cultivation or culture of plants which are sources of dangerous drugs.
Section 27. Criminal Liability of a Public Officer or Employee for Misappropriation, Misapplication or
Failure to Account for the Confiscated, Seized and/or Surrendered Dangerous Drugs, Plant Sources of
Dangerous Drugs, Controlled Precursors and Essential Chemicals, Instruments/Paraphernalia and/or
Laboratory Equipment Including the Proceeds or Properties Obtained from the Unlawful Act Committed.
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), in addition to absolute perpetual disqualification
from any public office, shall be imposed upon 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.
Any elective local or national official found to have benefited from the proceeds of the trafficking of
dangerous drugs as prescribed in this Act, or have received any financial or material contributions or
donations from natural or juridical persons found guilty of trafficking dangerous drugs as prescribed in
this Act, shall be removed from office and perpetually disqualified from holding any elective or
appointive positions in the government, its divisions, subdivisions, and intermediaries, including
government-owned or controlled corporations.
Section 28. Criminal Liability of Government Officials and Employees. The maximum penalties of the
unlawful acts provided for in this Act shall be imposed, in addition to absolute perpetual disqualification

from any public office, if those found guilty of such unlawful acts are government officials and
employees.
Section 29. Criminal Liability for Planting of Evidence. Any person who is found guilty of "planting" any
dangerous drug and/or controlled precursor and essential chemical, regardless of quantity and purity,
shall suffer the penalty of death.
Section 30. Criminal Liability of Officers of Partnerships, Corporations, Associations or Other Juridical
Entities. In case any violation of this Act is committed by a partnership, corporation, association or any
juridical entity, the partner, president, director, manager, trustee, estate administrator, or officer who
consents to or knowingly tolerates such violation shall be held criminally liable as a co-principal.
The penalty provided for the offense under this Act shall be imposed upon the partner, president,
director, manager, trustee, estate administrator, or officer who knowingly authorizes, tolerates or
consents to the use of a vehicle, vessel, aircraft, equipment or other facility, as an instrument in the
importation, sale, trading, administration, dispensation, delivery, distribution, transportation or
manufacture of dangerous drugs, or chemical diversion, if such vehicle, vessel, aircraft, equipment or
other instrument is owned by or under the control or supervision of the partnership, corporation,
association or juridical entity to which they are affiliated.
Section 31. Additional Penalty if Offender is an Alien. 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.
Section 32. Liability to a Person Violating Any Regulation Issued by the Board. 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.
Section 33. Immunity from Prosecution and Punishment. Notwithstanding the provisions of Section 17,
Rule 119 of the Revised Rules of Criminal Procedure and the provisions of Republic Act No. 6981 or the
Witness Protection, Security and Benefit Act of 1991, any person who has violated Sections 7, 11, 12, 14,
15, and 19, Article II of this Act, who voluntarily gives information about any violation of Sections 4, 5, 6,
8, 10, 13, and 16, Article II of this Act as well as any violation of the offenses mentioned if committed by
a drug syndicate, or any information leading to the whereabouts, identities and arrest of all or any of the
members thereof; and who willingly testifies against such persons as described above, shall be
exempted from prosecution or punishment for the offense with reference to which his/her information
of testimony were given, and may plead or prove the giving of such information and testimony in bar of
such prosecution: Provided, That the following conditions concur:
(1) The information and testimony are necessary for the conviction of the persons described
above;
(2) Such information and testimony are not yet in the possession of the State;
(3) Such information and testimony can be corroborated on its material points;

(4) the informant or witness has not been previously convicted of a crime involving moral
turpitude, except when there is no other direct evidence available for the State other than the
information and testimony of said informant or witness; and
(5) The informant or witness shall strictly and faithfully comply without delay, any condition or
undertaking, reduced into writing, lawfully imposed by the State as further consideration for the
grant of immunity from prosecution and punishment.
Provided, further, That this immunity may be enjoyed by such informant or witness who does not
appear to be most guilty for the offense with reference to which his/her information or testimony were
given: Provided, finally, That there is no direct evidence available for the State except for the
information and testimony of the said informant or witness.
Section 34. Termination of the Grant of Immunity. The immunity granted to the informant or witness,
as prescribed in Section 33 of this Act, shall not attach should it turn out subsequently that the
information and/or testimony is false, malicious or made only for the purpose of harassing, molesting or
in any way prejudicing the persons described in the preceding Section against whom such information or
testimony is directed against. In such case, the informant or witness shall be subject to prosecution and
the enjoyment of all rights and benefits previously accorded him under this Act or any other law, decree
or order shall be deemed terminated.
In case an informant or witness under this Act fails or refuses to testify without just cause, and when
lawfully obliged to do so, or should he/she violate any condition accompanying such immunity as
provided above, his/her immunity shall be removed and he/she shall likewise be subject to contempt
and/or criminal prosecution, as the case may be, and the enjoyment of all rights and benefits previously
accorded him under this Act or in any other law, decree or order shall be deemed terminated.
In case the informant or witness referred to under this Act falls under the applicability of this Section
hereof, such individual cannot avail of the provisions under Article VIII of this Act.
Section 35. Accessory Penalties. A person convicted under this Act shall be disqualified to exercise
his/her civil rights such as but not limited to, the rights of parental authority or guardianship, either as to
the person or property of any ward, the rights to dispose of such property by any act or any
conveyance inter vivos, and political rights such as but not limited to, the right to vote and be voted for.
Such rights shall also be suspended during the pendency of an appeal from such conviction.
ARTICLE III
Dangerous Drugs Test and Record Requirements
Section 36. Authorized Drug Testing. Authorized drug testing shall be done by any government
forensic laboratories or by any of the drug testing laboratories accredited and monitored by the DOH to
safeguard the quality of test results. The DOH shall take steps in setting the price of the drug test with
DOH accredited drug testing centers to further reduce the cost of such drug test. The drug testing shall
employ, among others, two (2) testing methods, the screening test which will determine the positive
result as well as the type of the drug used and the confirmatory test which will confirm a positive
screening test. Drug test certificates issued by accredited drug testing centers shall be valid for a one-

year period from the date of issue which may be used for other purposes. The following shall be
subjected to undergo drug testing:
(a) Applicants for driver's license. No driver's license shall be issued or renewed to any person
unless he/she presents a certification that he/she has undergone a mandatory drug test and
indicating thereon that he/she is free from the use of dangerous drugs;
(b) Applicants for firearm's license and for permit to carry firearms outside of residence. All
applicants for firearm's license and permit to carry firearms outside of residence shall undergo a
mandatory drug test to ensure that they are free from the use of dangerous drugs: Provided,
That all persons who by the nature of their profession carry firearms shall undergo drug testing;
(c) Students of secondary and tertiary schools. Students of secondary and tertiary schools
shall, pursuant to the related rules and regulations as contained in the school's student
handbook and with notice to the parents, undergo a random drug testing: Provided, That all
drug testing expenses whether in public or private schools under this Section will be borne by
the government;
(d) Officers and employees of public and private offices. Officers and employees of public and
private offices, whether domestic or overseas, shall be subjected to undergo a random drug test
as contained in the company's work rules and regulations, which shall be borne by the
employer, for purposes of reducing the risk in the workplace. Any officer or employee found
positive for use of dangerous drugs shall be dealt with administratively which shall be a ground
for suspension or termination, subject to the provisions of Article 282 of the Labor Code and
pertinent provisions of the Civil Service Law;
(e) Officers and members of the military, police and other law enforcement agencies. Officers
and members of the military, police and other law enforcement agencies shall undergo an
annual mandatory drug test;
(f) All persons charged before the prosecutor's office with a criminal offense having an
imposable penalty of imprisonment of not less than six (6) years and one (1) day shall have to
undergo a mandatory drug test; and
(g) All candidates for public office whether appointed or elected both in the national or local
government shall undergo a mandatory drug test.
In addition to the above stated penalties in this Section, those found to be positive for
dangerous drugs use shall be subject to the provisions of Section 15 of this Act.
Section 37. Issuance of False or Fraudulent Drug Test Results. 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, shall suffer the
penalty of imprisonment ranging from six (6) years and one (1) day to twelve (12) years and a fine
ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos
(P500,000.00).

An additional penalty shall be imposed through the revocation of the license to practice his/her
profession in case of a practitioner, and the closure of the drug testing center.
Section 38. Laboratory Examination or Test on Apprehended/Arrested Offenders. Subject to Section 15
of this Act, any person apprehended or arrested for violating the provisions of this Act shall be subjected
to screening laboratory examination or test within twenty-four (24) hours, if the apprehending or
arresting officer has reasonable ground to believe that the person apprehended or arrested, on account
of physical signs or symptoms or other visible or outward manifestation, is under the influence of
dangerous drugs. If found to be positive, the results of the screening laboratory examination or test shall
be challenged within fifteen (15) days after receipt of the result through a confirmatory test conducted
in any accredited analytical laboratory equipment with a gas chromatograph/mass spectrometry
equipment or some such modern and accepted method, if confirmed the same shall be prima
facie evidence that such person has used dangerous drugs, which is without prejudice for the
prosecution for other violations of the provisions of this Act: Provided, That a positive screening
laboratory test must be confirmed for it to be valid in a court of law.
Section 39. Accreditation of Drug Testing Centers and Physicians. The DOH shall be tasked to license
and accredit drug testing centers in each province and city in order to assure their capacity,
competence, integrity and stability to conduct the laboratory examinations and tests provided in this
Article, and appoint such technical and other personnel as may be necessary for the effective
implementation of this provision. The DOH shall also accredit physicians who shall conduct the drug
dependency examination of a drug dependent as well as the after-care and follow-up program for the
said drug dependent. There shall be a control regulations, licensing and accreditation division under the
supervision of the DOH for this purpose.
For this purpose, the DOH shall establish, operate and maintain drug testing centers in government
hospitals, which must be provided at least with basic technologically advanced equipment and
materials, in order to conduct the laboratory examination and tests herein provided, and appoint such
qualified and duly trained technical and other personnel as may be necessary for the effective
implementation of this provision.
Section 40. Records Required for Transactions on Dangerous Drug and Precursors and Essential
Chemicals.
a) Every pharmacist dealing in dangerous drugs and/or controlled precursors and essential
chemicals shall maintain and keep an original record of sales, purchases, acquisitions and
deliveries of dangerous drugs, indicating therein the following information:
(1) License number and address of the pharmacist;
(2) Name, address and license of the manufacturer, importer or wholesaler from whom
the dangerous drugs have been purchased;
(3) Quantity and name of the dangerous drugs purchased or acquired;
(4) Date of acquisition or purchase;

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

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

Section 46. Special Drug Education Center. With the assistance of the Board, the Department of the
Interior and Local Government (DILG), the National Youth Commission (NYC), and the Department of
Social Welfare and Development (DSWD) shall establish in each of its provincial office a special
education drug center for out-of-school youth and street children. Such Center which shall be headed by
the Provincial Social. Welfare Development Officer shall sponsor drug prevention programs and
activities and information campaigns with the end in view of educating the out-of-school youth and
street children regarding the pernicious effects of drug abuse. The programs initiated by the Center shall
likewise be adopted in all public and private orphanage and existing special centers for street children.
ARTICLE V
Promotion of a National Drug-Free Workplace Program With the Participation of Private and Labor
Sectors and the Department of Labor and Employment
Section 47. Drug-Free Workplace. It is deemed a policy of the State to promote drug-free workplaces
using a tripartite approach. With the assistance of the Board, the Department of Labor and Employment
(DOLE) shall develop, promote and implement a national drug abuse prevention program in the
workplace to be adopted by private companies with ten (10) or more employees. Such program shall
include the mandatory drafting and adoption of company policies against drug use in the workplace in
close consultation and coordination with the DOLE, labor and employer organizations, human resource
development managers and other such private sector organizations.
Section 48. Guidelines for the National Drug-Free Workplace Program. The Board and the DOLE shall
formulate the necessary guidelines for the implementation of the national drug-free workplace
program. The amount necessary for the implementation of which shall be included in the annual
General Appropriations Act.
ARTICLE VI
Participation of the Private and Labor Sectors in the Enforcement of this Act
Section 49. Labor Organizations and the Private Sector. All labor unions, federations, associations, or
organizations in cooperation with the respective private sector partners shall include in their collective
bargaining or any similar agreements, joint continuing programs and information campaigns for the
laborers similar to the programs provided under Section 47 of this Act with the end in view of achieving
a drug free workplace.
Section 50. Government Assistance. The labor sector and the respective partners may, in pursuit of the
programs mentioned in the preceding Section, secure the technical assistance, such as but not limited
to, seminars and information dissemination campaigns of the appropriate government and law
enforcement agencies.

ARTICLE VII
Participation of Local Government Units
Section 51. Local Government Units' Assistance. Local government units shall appropriate a substantial
portion of their respective annual budgets to assist in or enhance the enforcement of this Act giving
priority to preventive or educational programs and the rehabilitation or treatment of drug dependents.
Section 52. Abatement of Drug Related Public Nuisances. Any place or premises which have been used
on two or more occasions as the site of the unlawful sale or delivery of dangerous drugs may be
declared to be a public nuisance, and such nuisance may be abated, pursuant to the following
procedures:
(1) Any city or municipality may, by ordinance, create an administrative board to hear
complaints regarding the nuisances;
(2) any employee, officer, or resident of the city or municipality may bring a complaint before
the Board after giving not less than three (3) days written notice of such complaint to the owner
of the place or premises at his/her last known address; and
(3) After hearing in which the Board may consider any evidence, including evidence of the
general reputation of the place or premises, and at which the owner of the premises shall have
an opportunity to present evidence in his/her defense, the Board may declare the place or
premises to be a public nuisance.
Section 53. Effect of Board Declaration. If the Board declares a place or premises to be a public
nuisance, it may declare an order immediately prohibiting the conduct, operation, or maintenance of
any business or activity on the premises which is conducive to such nuisance.
An order entered under this Section shall expire after one (1) year or at such earlier time as stated in the
order. The Board may bring a complaint seeking a permanent injunction against any nuisance described
under this Section.
This Article does not restrict the right of any person to proceed under the Civil Code against any public
nuisance.
ARTICLE VIII
Program for Treatment and Rehabilitation of Drug Dependents
Section 54. Voluntary Submission of a Drug Dependent to Confinement, Treatment and Rehabilitation.
A drug dependent or any person who violates Section 15 of this Act may, by himself/herself or through
his/her parent, spouse, guardian or relative within the fourth degree of consanguinity or affinity, apply
to the Board or its duly recognized representative, for treatment and rehabilitation of the drug
dependency. Upon such application, the Board shall bring forth the matter to the Court which shall
order that the applicant be examined for drug dependency. If the examination by a DOH-accredited
physician results in the issuance of a certification that the applicant is a drug dependent, he/she shall be

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

recommitted to the Center for confinement. Thereafter, he/she may again be certified for temporary
release and ordered released for another after-care and follow-up program pursuant to this Section.
Section 57. Probation and Community Service Under the Voluntary Submission Program. A drug
dependent who is discharged as rehabilitated by the DOH-accredited Center through the voluntary
submission program, but does not qualify for exemption from criminal liability under Section 55 of this
Act, may be charged under the provisions of this Act, but shall be placed on probation and undergo a
community service in lieu of imprisonment and/or fine in the discretion of the court, without prejudice
to the outcome of any pending case filed in court.
Such drug dependent shall undergo community service as part of his/her after-care and follow-up
program, which may be done in coordination with nongovernmental civil organizations accredited by
the DSWD, with the recommendation of the Board.
Section 58. Filing of Charges Against a Drug Dependent Who is Not Rehabilitated Under the Voluntary
Submission Program. A drug dependent, who is not rehabilitated after the second commitment to the
Center under the voluntary submission program, shall, upon recommendation of the Board, be charged
for violation of Section 15 of this Act and prosecuted like any other offender. If convicted, he/she shall
be credited for the period of confinement and rehabilitation in the Center in the service of his/her
sentence.
Section 59. Escape and Recommitment for Confinement and Rehabilitation Under the Voluntary
Submission Program. Should a drug dependent under the voluntary submission program escape from
the Center, he/she may submit himself/herself for recommitment within one (1) week therefrom, or
his/her parent, spouse, guardian or relative within the fourth degree of consanguinity or affinity may,
within said period, surrender him for recommitment, in which case the corresponding order shall be
issued by the Board.
Should the escapee fail to submit himself/herself or be surrendered after one (1) week, the Board shall
apply to the court for a recommitment order upon proof of previous commitment or his/her voluntary
submission by the Board, the court may issue an order for recommitment within one (1) week.
If, subsequent to a recommitment, the dependent once again escapes from confinement, he/she shall
be charged for violation of Section 15 of this Act and he subjected under section 61 of this Act, either
upon order of the Board or upon order of the court, as the case may be.
Section 60. Confidentiality of Records Under the Voluntary Submission Program. Judicial and medical
records of drug dependents under the voluntary submission program shall be confidential and shall not
be used against him for any purpose, except to determine how many times, by himself/herself or
through his/her parent, spouse, guardian or relative within the fourth degree of consanguinity or
affinity, he/she voluntarily submitted himself/herself for confinement, treatment and rehabilitation or
has been committed to a Center under this program.
Section 61. Compulsory Confinement of a Drug Dependent Who Refuses to Apply Under the Voluntary
Submission Program. Notwithstanding any law, rule and regulation to the contrary, any person
determined and found to be dependent on dangerous drugs shall, upon petition by the Board or any of

its authorized representative, be confined for treatment and rehabilitation in any Center duly
designated or accredited for the purpose.
A petition for the confinement of a person alleged to be dependent on dangerous drugs to a Center may
be filed by any person authorized by the Board with the Regional Trial Court of the province or city
where such person is found.
After the petition is filed, the court, by an order, shall immediately fix a date for the hearing, and a copy
of such order shall be served on the person alleged to be dependent on dangerous drugs, and to the one
having charge of him.
If after such hearing and the facts so warrant, the court shall order the drug dependent to be examined
by two (2) physicians accredited by the Board. If both physicians conclude that the respondent is not a
drug dependent, the court shall order his/her discharge. If either physician finds him to be a dependent,
the court shall conduct a hearing and consider all relevant evidence which may be offered. If the court
finds him a drug dependent, it shall issue an order for his/her commitment to a treatment and
rehabilitation center under the supervision of the DOH. In any event, the order of discharge or order of
confinement or commitment shall be issued not later than fifteen (15) days from the filing of the
appropriate petition.
Section 62. Compulsory Submission of a Drug Dependent Charged with an Offense to Treatment and
Rehabilitation. If a person charged with an offense where the imposable penalty is imprisonment of
less than six (6) years and one (1) day, and is found by the prosecutor or by the court, at any stage of the
proceedings, to be a drug dependent, the prosecutor or the court as the case may be, shall suspend all
further proceedings and transmit copies of the record of the case to the Board.
In the event he Board determines, after medical examination, that public interest requires that such
drug dependent be committed to a center for treatment and rehabilitation, it shall file a petition for
his/her commitment with the regional trial court of the province or city where he/she is being
investigated or tried: Provided, That where a criminal case is pending in court, such petition shall be filed
in the said court. The court shall take judicial notice of the prior proceedings in the case and shall
proceed to hear the petition. If the court finds him to be a drug dependent, it shall order his/her
commitment to a Center for treatment and rehabilitation. The head of said Center shall submit to the
court every four (4) months, or as often as the court may require, a written report on the progress of the
treatment. If the dependent is rehabilitated, as certified by the center and the Board, he/she shall be
returned to the court, which committed him, for his/her discharge therefrom.
Thereafter, his/her prosecution for any offense punishable by law shall be instituted or shall continue, as
the case may be. In case of conviction, the judgment shall, if the accused is certified by the treatment
and rehabilitation center to have maintained good behavior, indicate that he/she shall be given full
credit for the period he/she was confined in the Center: Provided, however, That when the offense is for
violation of Section 15 of this Act and the accused is not a recidivist, the penalty thereof shall be deemed
to have been served in the Center upon his/her release therefrom after certification by the Center and
the Board that he/she is rehabilitated.
Section 63. Prescription of the Offense Charged Against a Drug Dependent Under the Compulsory
Submission Program. The period of prescription of the offense charged against a drug dependent

under the compulsory submission program shall not run during the time that the drug dependent is
under confinement in a Center or otherwise under the treatment and rehabilitation program approved
by the Board.
Upon certification of the Center that he/she may temporarily be discharged from the said Center, the
court shall order his/her release on condition that he/she shall report to the Board through the DOH for
after-care and follow-up treatment for a period not exceeding eighteen (18) months under such terms
and conditions as may be imposed by the Board.
If at anytime during the after-care and follow-up period, the Board certifies to his/her complete
rehabilitation, the court shall order his/her final discharge from confinement and order for the
immediate resumption of the trial of the case for which he/she is originally charged. Should the Board
through the DOH find at anytime during the after-care and follow-up period that he/she requires further
treatment and rehabilitation, it shall report to the court, which shall order his/her recommitment to the
Center.
Should the drug dependent, having been committed to a Center upon petition by the Board escape
therefrom, he/she may resubmit himself/herself for confinement within one (1) week from the date of
his/her escape; or his/her parent, spouse, guardian or relative within the fourth degree of consanguinity
or affinity may, within the same period, surrender him for recommitment. If, however, the drug
dependent does not resubmit himself/herself for confinement or he/she is not surrendered for
recommitment, the Board may apply with the court for the issuance of the recommitment order. Upon
proof of previous commitment, the court shall issue an order for recommitment. If, subsequent to such
recommitment, he/she should escape again, he/she shall no longer be exempt from criminal liability for
use of any dangerous drug.
A drug dependent committed under this particular Section who is finally discharged from confinement
shall be exempt from criminal liability under Section 15 of this Act, without prejudice to the outcome of
any pending case filed in court. On the other hand, a drug dependent who is not rehabilitated after a
second commitment to the Center shall, upon conviction by the appropriate court, suffer the same
penalties provided for under Section 15 of this Act again without prejudice to the outcome of any
pending case filed in court.
Section 64. Confidentiality of Records Under the Compulsory Submission Program. The records of a
drug dependent who was rehabilitated and discharged from the Center under the compulsory
submission program, or who was charged for violation of Section 15 of this Act, shall be covered by
Section 60 of this Act. However, the records of a drug dependent who was not rehabilitated, or who
escaped but did not surrender himself/herself within the prescribed period, shall be forwarded to the
court and their use shall be determined by the court, taking into consideration public interest and the
welfare of the drug dependent.
Section 65. Duty of the Prosecutor in the Proceedings. It shall be the duty of the provincial or the city
prosecutor or their assistants or state prosecutors to prepare the appropriate petition in all proceedings
arising from this Act.
Section 66. Suspension of Sentence of a First-Time Minor Offender. An accused who is over fifteen (15)
years of age at the time of the commission of the offense mentioned in Section 11 of this Act, but not

more than eighteen (18) years of age at the time when judgment should have been promulgated after
having been found guilty of said offense, may be given the benefits of a suspended sentence, subject to
the following conditions:
(a) He/she has not been previously convicted of violating any provision of this Act, or of the
Dangerous Drugs Act of 1972, as amended; or of the Revised Penal Code; or of any special penal
laws;
(b) He/she has not been previously committed to a Center or to the care of a DOH-accredited
physician; and
(c) The Board favorably recommends that his/her sentence be suspended.
While under suspended sentence, he/she shall be under the supervision and rehabilitative surveillance
of the Board, under such conditions that the court may impose for a period ranging from six (6) months
to eighteen (18) months.
Upon recommendation of the Board, the court may commit the accused under suspended sentence to a
Center, or to the care of a DOH-accredited physician for at least six (6) months, with after-care and
follow-up program for not more than eighteen (18) months.
In the case of minors under fifteen (15) years of age at the time of the commission of any offense
penalized under this Act, Article 192 of Presidential Decree No. 603, otherwise known as the Child and
Youth Welfare Code, as amended by Presidential Decree No. 1179 shall apply, without prejudice to the
application of the provisions of this Section.
Section 67. Discharge After Compliance with Conditions of Suspended Sentence of a First-Time Minor
Offender. If the accused first time minor offender under suspended sentence complies with the
applicable rules and regulations of the Board, including confinement in a Center, the court, upon a
favorable recommendation of the Board for the final discharge of the accused, shall discharge the
accused and dismiss all proceedings.
Upon the dismissal of the proceedings against the accused, the court shall enter an order to expunge all
official records, other than the confidential record to be retained by the DOJ relating to the case. Such
an order, which shall be kept confidential, shall restore the accused to his/her status prior to the case.
He/she shall not be held thereafter to be guilty of perjury or of concealment or misrepresentation by
reason of his/her failure to acknowledge the case or recite any fact related thereto in response to any
inquiry made of him for any purpose.
Section 68. Privilege of Suspended Sentence to be Availed of Only Once by a First-Time Minor Offender.
The privilege of suspended sentence shall be availed of only once by an accused drug dependent who is
a first-time offender over fifteen (15) years of age at the time of the commission of the violation of
Section 15 of this Act but not more than eighteen (18) years of age at the time when judgment should
have been promulgated.
Section 69. Promulgation of Sentence for First-Time Minor Offender. If the accused first-time minor
offender violates any of the conditions of his/her suspended sentence, the applicable rules and

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

welfare of the accused drug dependent, whether under voluntary submission program or compulsory
submission program, may be cited for contempt by the court.
Section 74. Cost-Sharing in the Treatment and Rehabilitation of a Drug Dependent. The parent,
spouse, guardian or any relative within the fourth degree of consanguinity of any person who is
confined under the voluntary submission program or compulsory submission program shall be charged a
certain percentage of the cost of his/her treatment and rehabilitation, the guidelines of which shall be
formulated by the DSWD taking into consideration the economic status of the family of the person
confined. The guidelines therein formulated shall be implemented by a social worker of the local
government unit.
Section 75. Treatment and Rehabilitation Centers. The existing treatment and rehabilitation centers
for drug dependents operated and maintained by the NBI and the PNP shall be operated, maintained
and managed by the DOH in coordination with other concerned agencies. For the purpose of enlarging
the network of centers, the Board through the DOH shall encourage, promote or whenever feasible,
assist or support in the establishment, operations and maintenance of private centers which shall be
eligible to receive grants, donations or subsidy from either government or private sources. It shall also
support the establishment of government-operated regional treatment and rehabilitation centers
depending upon the availability of funds. The national government, through its appropriate agencies
shall give priority funding for the increase of subsidy to existing government drug rehabilitation centers,
and shall establish at least one (1) drug rehabilitation center in each province, depending on the
availability of funds.
Section 76. The Duties and Responsibilities of the Department of health (DOH) Under this Act. The DOH
shall:
(1) Oversee the monitor the integration, coordination and supervision of all drug rehabilitation,
intervention, after-care and follow-up programs, projects and activities as well as the
establishment, operations, maintenance and management of privately-owned drug treatment
rehabilitation centers and drug testing networks and laboratories throughout the country in
coordination with the DSWD and other agencies;
(2) License, accredit, establish and maintain drug test network and laboratory, initiate, conduct
and support scientific research on drugs and drug control;
(3) Encourage, assist and accredit private centers, promulgate rules and regulations setting
minimum standards for their accreditation to assure their competence, integrity and stability;
(4) Prescribe and promulgate rules and regulations governing the establishment of such Centers
as it may deem necessary after conducting a feasibility study thereof;
(5) The DOH shall, without prejudice to the criminal prosecution of those found guilty of
violating this Act, order the closure of a Center for treatment and rehabilitation of drug
dependency when, after investigation it is found guilty of violating the provisions of this Act or
regulations issued by the Board; and

(6) Charge reasonable fees for drug dependency examinations, other medical and legal services
provided to the public, which shall accrue to the Board. All income derived from these sources
shall be part of the funds constituted as special funds for the implementation of this Act under
Section 87.

ARTICLE IX
Dangerous Drugs Board and Philippine Drug Enforcement Agency
Section 77. The Dangerous Drugs Board. The Board shall be the policy-making and strategyformulating body in the planning and formulation of policies and programs on drug prevention and
control. It shall develop and adopt a comprehensive, integrated, unified and balanced national drug
abuse prevention and control strategy. It shall be under the Office of the President.
Section 78. Composition of the Board. The Board shall be composed of seventeen (17) members
wherein three (3) of which are permanent members, the other twelve (12) members shall be in an ex
officio capacity and the two (2) shall be regular members.
The three (3) permanent members, who shall possess at least seven-year training and experience in the
field of dangerous drugs and in any of the following fields: in law, medicine, criminology, psychology or
social work, shall be appointed by the President of the Philippines. The President shall designate a
Chairman, who shall have the rank of a secretary from among the three (3) permanent members who
shall serve for six (6) years. Of the two (2) other members, who shall both have the rank of
undersecretary, one (1) shall serve for four (4) years and the other for two (2) years. Thereafter, the
persons appointed to succeed such members shall hold office for a term of six (6) years and until their
successors shall have been duly appointed and qualified.
The other twelve (12) members who shall be ex officio members of the Board are the following:
(1) Secretary of the Department of Justice or his/her representative;
(2) Secretary of the Department of Health or his/her representative;
(3) Secretary of the Department of National Defense or his/her representative;
(4) Secretary of the Department of Finance or his/her representative;
(5) Secretary of the Department of Labor and Employment or his/her representative;
(6) Secretary of the Department of the Interior and Local Government or his/her representative;
(7) Secretary of the Department of Social Welfare and Development or his/her representative;
(8) Secretary of the Department of Foreign Affairs or his/her representative;

(9) Secretary of the Department of Education or his/her representative;

(10) Chairman of the Commission on Higher Education or his/her representative;
(11) Chairman of the National Youth Commission;
(12) Director General of the Philippine Drug Enforcement Agency.
Cabinet secretaries who are members of the Board may designate their duly authorized and permanent
representatives whose ranks shall in no case be lower than undersecretary.
The two (2) regular members shall be as follows:
(a) The president of the Integrated Bar of the Philippines; and
(b) The chairman or president of a non-government organization involved in dangerous drug
campaign to be appointed by the President of the Philippines.
The Director of the NBI and the Chief of the PNP shall be the permanent consultants of the Board, and
shall attend all the meetings of the Board.
All members of the Board as well as its permanent consultants shall receive a per diem for every
meeting actually attended subject to the pertinent budgetary laws, rules and regulations on
compensation, honoraria and allowances: Provided, That where the representative of an ex
officio member or of the permanent consultant of the Board attends a meeting in behalf of the latter,
such representative shall be entitled to receive the per diem.
Section 79. Meetings of the Board. The Board shall meet once a week or as often as necessary at the
discretion of the Chairman or at the call of any four (4) other members. The presence of nine (9)
members shall constitute a quorum.
Section 80. Secretariat of the Board. The Board shall recommend to the President of the Philippines
the appointment of an Executive Director, with the rank of an undersecretary, who shall be the
Secretary of the Board and administrative officer of its secretariat, and shall perform such other duties
that may be assigned to him/her. He/she must possess adequate knowledge, training and experience in
the field of dangerous drugs, and in any of the following fields: law enforcement, law, medicine,
criminology, psychology or social work.
Two deputies executive director, for administration and operations, with the ranks of assistant
secretary, shall be appointed by the President upon recommendation of the Board. They shall possess
the same qualifications as those of the executive director. They shall receive a salary corresponding to
their position as prescribed by the Salary Standardization Law as a Career Service Officer.
The existing secretariat of the Board shall be under the administrative control and supervision of the
Executive Director. It shall be composed of the following divisions, namely: Policy Studies, Research and
Statistics; Preventive Education, Training and Information; Legal Affairs; and the Administrative and
Financial Management.

Section 81. Powers and Duties of the Board. The Board shall:
(a) Formulate, develop and establish a comprehensive, integrated, unified and balanced national
drug use prevention and control strategy;
(b) Promulgate such rules and regulations as may be necessary to carry out the purposes of this
Act, including the manner of safekeeping, disposition, burning or condemnation of any
dangerous drug and/or controlled precursor and essential chemical under its charge and
custody, and prescribe administrative remedies or sanctions for the violations of such rules and
regulations;
(c) Conduct policy studies, program monitoring and evaluations and other researches on drug
prevention, control and enforcement;
(d) Initiate, conduct and support scientific, clinical, social, psychological, physical and biological
researches on dangerous drugs and dangerous drugs prevention and control measures;
(e) Develop an educational program and information drive on the hazards and prevention of
illegal use of any dangerous drug and/or controlled precursor and essential chemical based on
factual data, and disseminate the same to the general public, for which purpose the Board shall
endeavor to make the general public aware of the hazards of any dangerous drugs and/or
controlled precursor and essential chemical by providing among others, literature, films,
displays or advertisements and by coordinating with all institutions of learning as well as with all
national and local enforcement agencies in planning and conducting its educational campaign
programs to be implemented by the appropriate government agencies;
(f) Conduct continuing seminars for, and consultations with, and provide information materials
to judges and prosecutors in coordination with the Office of the Court Administrator, in the case
of judges, and the DOJ, in the case of prosecutors, which aim to provide them with the current
developments and programs of the Board pertinent to its campaign against dangerous drugs
and its scientific researches on dangerous drugs, its prevention and control measures;
(g) Design special trainings in order to provide law enforcement officers, members of the
judiciary, and prosecutors, school authorities and personnel of centers with knowledge and
know-how in dangerous drugs and/or controlled precursors and essential chemicals control in
coordination with the Supreme Court to meet the objectives of the national drug control
programs;
(h) Design and develop, in consultation and coordination with the DOH, DSWD and other
agencies involved in drugs control, treatment and rehabilitation, both public and private, a
national treatment and rehabilitation program for drug dependents including a standard
aftercare and community service program for recovering drug dependents;
(i) Design and develop, jointly with the DOLE and in consultation with labor and employer
groups as well as nongovernment organizations a drug abuse prevention program in the
workplace that would include a provision for employee assistance programs for emotionallystressed employees;

(j) Initiate and authorize closure proceedings against non-accredited and/or substandard
rehabilitation centers based on verified reports of human rights violations, subhuman
conditions, inadequate medical training and assistance and excessive fees for implementation
by the PDEA;
(k) Prescribe and promulgate rules and regulations governing the establishment of such centers,
networks and laboratories as deemed necessary after conducting a feasibility study in
coordination with the DOH and other government agencies;
(l) Receive, gather, collect and evaluate all information on the importation, exportation,
production, manufacture, sale, stocks, seizures of and the estimated need for any dangerous
drug and/or controlled precursor and essential chemical, for which purpose the Board may
require from any official, instrumentality or agency of the government or any private person or
enterprise dealing in, or engaged in activities having to do with any dangerous drug and/or
controlled precursors and essential chemicals such data or information as it may need to
implement this Act;
(m) Gather and prepare detailed statistics on the importation, exportation, manufacture, stocks,
seizures of and estimates need for any dangerous drug and/or controlled precursors and
essential chemicals and such other statistical data on said drugs as may be periodically required
by the United Nations Narcotics Drug Commission, the World Health Organization and other
international organizations in consonance with the country's international commitments;
(n) Develop and maintain international networking coordination with international drug control
agencies and organizations, and implement the provisions of international conventions and
agreements thereon which have been adopted and approved by the Congress of the Philippines;
(o) Require all government and private hospitals, clinics, doctors, dentists and other
practitioners to submit a report to it, in coordination with the PDEA, about all dangerous drugs
and/or controlled precursors and essential chemicals-related cases to which they have attended
for statistics and research purposes;
(p) Receive in trust legacies, gifts and donations of real and personal properties of all kinds, to
administer and dispose the same when necessary for the benefit of government and private
rehabilitation centers subject to limitations, directions and instructions from the donors, if any;
(q) Issue guidelines as to the approval or disapproval of applications for voluntary treatment,
rehabilitation or confinement, wherein it shall issue the necessary guidelines, rules and
regulations pertaining to the application and its enforcement;
(r) Formulate guidelines, in coordination with other government agencies, the importation,
distribution, production, manufacture, compounding, prescription, dispensing and sale of, and
other lawful acts in connection with any dangerous drug, controlled precursors and essential
chemicals and other similar or analogous substances of such kind and in such quantity as it may
deem necessary according to the medical and research needs or requirements of the country
including diet pills containing ephedrine and other addictive chemicals and determine the
quantity and/or quality of dangerous drugs and controlled precursors and essential chemicals to

be imported, manufactured and held in stock at any given time by authorized importer,
manufacturer or distributor of such drugs;
(s) Develop the utilization of a controlled delivery scheme in addressing the transshipment of
dangerous drugs into and out of the country to neutralize transnational crime syndicates
involved in illegal trafficking of any dangerous drugs and/or controlled precursors and essential
chemicals;
(t) Recommend the revocation of the professional license of any practitioner who is an owner,
co-owner, lessee, or in the employ of the drug establishment, or manager of a partnership,
corporation, association, or any juridical entity owning and/or controlling such drug
establishment, and who knowingly participates in, or consents to, tolerates, or abets the
commission of the act of violations as indicated in the preceding paragraph, all without
prejudice to the criminal prosecution of the person responsible for the said violation;
(u) Appoint such technical, administrative and other personnel as may be necessary for the
effective implementation of this Act, subject to the Civil Service Law and its rules and
regulations;
(v) Establish a regular and continuing consultation with concerned government agencies and
medical professional organizations to determine if balance exists in policies, procedures, rules
and regulations on dangerous drugs and to provide recommendations on how the lawful use of
dangerous drugs can be improved and facilitated; and
(w) Submit an annual and periodic reports to the President, the Congress of the Philippines and
the Senate and House of Representatives committees concerned as may be required from time
to time, and perform such other functions as may be authorized or required under existing laws
and as directed by the President himself/herself or as recommended by the congressional
committees concerned.
Section 82. Creation of the Philippine Drug Enforcement Agency (PDEA). To carry out the provisions of
this Act, the PDEA, which serves as the implementing arm of the Board, and shall be responsible for the
efficient and effective law enforcement of all the provisions on any dangerous drug and/or controlled
precursor and essential chemical as provided in this Act.
The PDEA shall be headed by a Director General with the rank of Undersecretary, who shall be
responsible for the general administration and management of the Agency. The Director General of the
PDEA shall be appointed by the President of the Philippines and shall perform such other duties that
may be assigned to him/her. He/she must possess adequate knowledge, training and experience in the
field of dangerous drugs, and in any of the following fields: law enforcement, law, medicine,
criminology, psychology or social work.
The Director General of the PDEA shall be assisted in the performance of his/her duties and
responsibilities by two (2) deputies director general with the rank of Assistant Secretary; one for
Operations and the other one for Administration. The two (2) deputies director general shall likewise be
appointed by the President of the Philippines upon recommendation of the Board. The two (2) deputies
director general shall possess the same qualifications as those of the Director General of the PDEA. The

Director General and the two (2) deputies director general shall receive the compensation and salaries
as prescribed by law.
Section 83. Organization of the PDEA. The present Secretariat of the National Drug Law Enforcement
and Prevention Coordinating Center as created by Executive Order No. 61 shall be accordingly modified
and absorbed by the PDEA.
The Director General of the PDEA shall be responsible for the necessary changes in the organizational
set-up which shall be submitted to the Board for approval.
For purposes of carrying out its duties and powers as provided for in the succeeding Section of this Act,
the PDEA shall have the following Services, namely: Intelligence and Investigation; International
Cooperation and Foreign Affairs; Preventive Education and Community Involvement; Plans and
Operations; Compliance; Legal and Prosecution; Administrative and Human Resource; Financial
Management; Logistics Management; and Internal Affairs.
The PDEA shall establish and maintain regional offices in the different regions of the country which shall
be responsible for the implementation of this Act and the policies, programs, and projects of said agency
in their respective regions.
Section 84. Powers and Duties of the PDEA. The PDEA shall:
(a) Implement or cause the efficient and effective implementation of the national drug control
strategy formulated by the Board thereby carrying out a national drug campaign program which
shall include drug law enforcement, control and prevention campaign with the assistance of
concerned government agencies;
(b) Undertake the enforcement of the provisions of Article II of this Act relative to the unlawful
acts and penalties involving any dangerous drug and/or controlled precursor and essential
chemical and investigate all violators and other matters involved in the commission of any crime
relative to the use, abuse or trafficking of any dangerous drug and/or controlled precursor and
essential chemical as provided for in this Act and the provisions of Presidential Decree No. 1619;
(c) Administer oath, issue subpoena and subpoena duces tecum relative to the conduct of
investigation involving the violations of this Act;
(d) Arrest and apprehend as well as search all violators and seize or confiscate, the effects or
proceeds of the crimes as provided by law and take custody thereof, for this purpose the
prosecutors and enforcement agents are authorized to possess firearms, in accordance with
existing laws;
(e) Take charge and have custody of all dangerous drugs and/or controlled precursors and
essential chemicals seized, confiscated or surrendered to any national, provincial or local law
enforcement agency, if no longer needed for purposes of evidence in court;
(f) Establish forensic laboratories in each PNP office in every province and city in order to
facilitate action on seize or confiscated drugs, thereby hastening its destruction without delay;

(g) Recommend to the DOJ the forfeiture of properties and other assets of persons and/or
corporations found to be violating the provisions of this Act and in accordance with the
pertinent provisions of the Anti-Money-Laundering Act of 2001;
(h) Prepare for prosecution or cause the filing of appropriate criminal and civil cases for violation
of all laws on dangerous drugs, controlled precursors and essential chemicals, and other similar
controlled substances, and assist, support and coordinate with other government agencies for
the proper and effective prosecution of the same;
(i) Monitor and if warranted by circumstances, in coordination with the Philippine Postal Office
and the Bureau of Customs, inspect all air cargo packages, parcels and mails in the central post
office, which appear from the package and address itself to be a possible importation of
dangerous drugs and/or controlled precursors and essential chemicals, through on-line or cyber
shops via the internet or cyberspace;
(j) Conduct eradication programs to destroy wild or illegal growth of plants from which
dangerous drugs may be extracted;
(k) Initiate and undertake the formation of a nationwide organization which shall coordinate and
supervise all activities against drug abuse in every province, city, municipality and barangay with
the active and direct participation of all such local government units and nongovernmental
organizations, including the citizenry, subject to the provisions of previously formulated
programs of action against dangerous drugs;
(l) Establish and maintain a national drug intelligence system in cooperation with law
enforcement agencies, other government agencies/offices and local government units that will
assist in its apprehension of big-time drug lords;
(m) Establish and maintain close coordination, cooperation and linkages with international drug
control and administration agencies and organizations, and implement the applicable provisions
of international conventions and agreements related to dangerous drugs to which the
Philippines is a signatory;
(n) Create and maintain an efficient special enforcement unit to conduct an investigation, file
charges and transmit evidence to the proper court, wherein members of the said unit shall
possess suitable and adequate firearms for their protection in connection with the performance
of their duties: Provided, That no previous special permit for such possession shall be required;
(o) Require all government and private hospitals, clinics, doctors, dentists and other
practitioners to submit a report to it, in coordination with the Board, about all dangerous drugs
and/or controlled precursors and essential chemicals which they have attended to for data and
information purposes;
(p) Coordinate with the Board for the facilitation of the issuance of necessary guidelines, rules
and regulations for the proper implementation of this Act;

(q) Initiate and undertake a national campaign for drug prevention and drug control programs,
where it may enlist the assistance of any department, bureau, office, agency or instrumentality
of the government, including government-owned and or controlled corporations, in the antiillegal drugs drive, which may include the use of their respective personnel, facilities, and
resources for a more resolute detection and investigation of drug-related crimes and
prosecution of the drug traffickers; and
(r) Submit an annual and periodic reports to the Board as may be required from time to time,
and perform such other functions as may be authorized or required under existing laws and as
directed by the President himself/herself or as recommended by the congressional committees
concerned.
Section 85. The PDEA Academy. Upon the approval of the Board, the PDEA Academy shall be
established either in Baguio or Tagaytay City, and in such other places as may be necessary. The PDEA
Academy shall be responsible in the recruitment and training of all PDEA agents and personnel. The
Board shall provide for the qualifications and requirements of its recruits who must be at least twentyone (21) years old, of proven integrity and honesty and a Baccalaureate degree holder.
The graduates of the Academy shall later comprise the operating units of the PDEA after the termination
of the transition period of five (5) years during which all the intelligence network and standard operating
procedures of the PDEA has been set up and operationalized.
The Academy shall be headed by a Superintendent, with the rank of Director. He/she shall be appointed
by the PDEA Director General.
Section 86. Transfer, Absorption, and Integration of All Operating Units on Illegal Drugs into the PDEA
and Transitory Provisions. The Narcotics Group of the PNP, the Narcotics Division of the NBI and the
Customs Narcotics Interdiction Unit are hereby abolished; however they shall continue with the
performance of their task as detail service with the PDEA, subject to screening, until such time that the
organizational structure of the Agency is fully operational and the number of graduates of the PDEA
Academy is sufficient to do the task themselves:Provided, That such personnel who are affected shall
have the option of either being integrated into the PDEA or remain with their original mother agencies
and shall, thereafter, be immediately reassigned to other units therein by the head of such agencies.
Such personnel who are transferred, absorbed and integrated in the PDEA shall be extended
appointments to positions similar in rank, salary, and other emoluments and privileges granted to their
respective positions in their original mother agencies.
The transfer, absorption and integration of the different offices and units provided for in this Section
shall take effect within eighteen (18) months from the effectivity of this Act: Provided, That personnel
absorbed and on detail service shall be given until five (5) years to finally decide to join the PDEA.
Nothing in this Act shall mean a diminution of the investigative powers of the NBI and the PNP on all
other crimes as provided for in their respective organic laws: Provided, however, That when the
investigation being conducted by the NBI, PNP or any ad hoc anti-drug task force is found to be a
violation of any of the provisions of this Act, the PDEA shall be the lead agency. The NBI, PNP or any of
the task force shall immediately transfer the same to the PDEA: Provided, further, That the NBI, PNP and
the Bureau of Customs shall maintain close coordination with the PDEA on all drug related matters.

ARTICLE X
Appropriations, Management of Funds and Annual Report
Section 87. Appropriations. The amount necessary for the operation of the Board and the PDEA shall
be charged against the current year's appropriations of the Board, the National Drug Law Enforcement
and Prevention Coordinating Center, the Narcotics Group of the PNP, the Narcotics Division of the NBI
and other drug abuse units of the different law enforcement agencies integrated into the PDEA in order
to carry out the provisions of this Act. Thereafter, such sums as may be necessary for the continued
implementation of this Act shall be included in the annual General Appropriations Act.
All receipts derived from fines, fees and other income authorized and imposed in this Act, including ten
percent (10%) of all unclaimed and forfeited sweepstakes and lotto prizes but not less than twelve
million pesos (P12,000,000.00) per year from the Philippine Charity Sweepstakes Office (PCSO), are
hereby constituted as a special account in the general fund for the implementation of this Act: Provided,
That no amount shall be disbursed to cover the operating expenses of the Board and other concerned
agencies: Provided, further, That at least fifty percent (50%) of all the funds shall be reserved for
assistance to government-owned and/or operated rehabilitation centers.
The fines shall be remitted to the Board by the court imposing such fines within thirty (30) days from the
finality of its decisions or orders. The unclaimed and forfeited prizes shall be turned over to the Board by
the PCSO within thirty (30) days after these are collected and declared forfeited.
A portion of the funds generated by the Philippine Amusement and Gaming Corporation (PAGCOR) in
the amount of Five million pesos (P5,000,000.00) a month shall be set aside for the purpose of
establishing adequate drug rehabilitation centers in the country and also for the maintenance and
operations of such centers: Provided, That the said amount shall be taken from the fifty percent (50%)
share of the National Government in the income of PAGCOR: Provided, further, That the said amount
shall automatically be remitted by PAGCOR to the Board. The amount shall, in turn, be disbursed by the
Dangerous Drugs Board, subject to the rules and regulations of the Commission on Audit (COA).
The fund may be augmented by grants, donations, and endowment from various sources, domestic or
foreign, for purposes related to their functions, subject to the existing guidelines set by the government.
Section 88. Management of Funds Under this Act; Annual Report by the Board and the PDEA. The
Board shall manage the funds as it may deem proper for the attainment of the objectives of this Act. In
addition to the periodic reports as may be required under this Act, the Chairman of the Board shall
submit to the President of the Philippines and to the presiding officers of both houses of Congress,
within fifteen (15) days from the opening of the regular session, an annual report on the dangerous
drugs situation in the country which shall include detailed account of the programs and projects
undertaken, statistics on crimes related to dangerous drugs, expenses incurred pursuant to the
provisions of this Act, recommended remedial legislation, if needed, and such other relevant facts as it
may deem proper to cite.
Section 89. Auditing the Accounts and Expenses of the Board and the PDEA. All accounts and expenses
of the Board and the PDEA shall be audited by the COA or its duly authorized representative.

ARTICLE XI
Jurisdiction Over Dangerous Drugs Cases
Section 90. Jurisdiction. The Supreme Court shall designate special courts from among the existing
Regional Trial Courts in each judicial region to exclusively try and hear cases involving violations of this
Act. The number of courts designated in each judicial region shall be based on the population and the
number of cases pending in their respective jurisdiction.
The DOJ shall designate special prosecutors to exclusively handle cases involving violations of this Act.
The preliminary investigation of cases filed under this Act shall be terminated within a period of thirty
(30) days from the date of their filing.
When the preliminary investigation is conducted by a public prosecutor and a probable cause is
established, the corresponding information shall be filed in court within twenty-four (24) hours from the
termination of the investigation. If the preliminary investigation is conducted by a judge and a probable
cause is found to exist, the corresponding information shall be filed by the proper prosecutor within
forty-eight (48) hours from the date of receipt of the records of the case.
Trial of the case under this Section shall be finished by the court not later than sixty (60) days from the
date of the filing of the information. Decision on said cases shall be rendered within a period of fifteen
(15) days from the date of submission of the case for resolution.
Section 91. Responsibility and Liability of Law Enforcement Agencies and other Government Officials and
Employees in Testifying as Prosecution Witnesses in Dangerous Drugs Cases. Any member of law
enforcement agencies or any other government official and employee who, after due notice, fails or
refuses intentionally or negligently, to appear as a witness for the prosecution in any proceedings,
involving violations of this Act, without any valid reason, shall be punished with imprisonment of not
less than twelve (12) years and one (1) day to twenty (20) years and a fine of not less than Five hundred
thousand pesos (P500,000.00), in addition to the administrative liability he/she may be meted out by
his/her immediate superior and/or appropriate body.
The immediate superior of the member of the law enforcement agency or any other government
employee mentioned in the preceding paragraph shall be penalized with imprisonment of not less than
two (2) months and one (1) day but not more than six (6) years and a fine of not less than Ten thousand
pesos (P10,000.00) but not more than Fifty thousand pesos (P50,000.00) and in addition, perpetual
absolute disqualification from public office if despite due notice to them and to the witness concerned,
the former does not exert reasonable effort to present the latter to the court.
The member of the law enforcement agency or any other government employee mentioned in the
preceding paragraphs shall not be transferred or re-assigned to any other government office located in
another territorial jurisdiction during the pendency of the case in court. However, the concerned
member of the law enforcement agency or government employee may be transferred or re-assigned for
compelling reasons: Provided, That his/her immediate superior shall notify the court where the case is
pending of the order to transfer or re-assign, within twenty-four (24) hours from its approval; Provided,
further, That his/her immediate superior shall be penalized with imprisonment of not less than two (2)

months and one (1) day but not more than six (6) years and a fine of not less than Ten thousand pesos
(P10,000.00) but not more than Fifty thousand pesos (P50,000.00) and in addition, perpetual absolute
disqualification from public office, should he/she fail to notify the court of such order to transfer or reassign.
Prosecution and punishment under this Section shall be without prejudice to any liability for violation of
any existing law.
Section 92. Delay and Bungling in the Prosecution of Drug Cases. Any government officer or employee
tasked with the prosecution of drug-related cases under this act, who, through patent laxity, inexcusable
neglect, unreasonable delay or deliberately causes the unsuccessful prosecution and/or dismissal of the
said drug cases, shall suffer the penalty of imprisonment ranging from twelve (12) years and one (1) day
to twenty (20) years without prejudice to his/her prosecution under the pertinent provisions of the
Revised Penal Code.
Section 93. Reclassification, Addition or Removal of Any Drug from the List of Dangerous Drugs. The
Board shall have the power to reclassify, add to or remove from the list of dangerous drugs. Proceedings
to reclassify, add, or remove a drug or other substance may be initiated by the PDEA, the DOH, or by
petition from any interested party, including the manufacturer of a drug, a medical society or
association, a pharmacy association, a public interest group concerned with drug abuse, a national or
local government agency, or an individual citizen. When a petition is received by the Board, it shall
immediately begin its own investigation of the drug. The PDEA also may begin an investigation of a drug
at any time based upon the information received from law enforcement laboratories, national and local
law enforcement and regulatory agencies, or other sources of information.
The Board after notice and hearing shall consider the following factors with respect to each substance
proposed to be reclassified, added or removed from control:
(a) Its actual or relative potential for abuse;
(b) Scientific evidence of its pharmacological effect if known;
(c) The state of current scientific knowledge regarding the drug or other substance;
(d) Its history and current pattern of abuse;
(e) The scope, duration, and significance of abuse;
(f) Risk to public health; and
(g) Whether the substance is an immediate precursor of a substance already controlled under
this Act.
The Board shall also take into accord the obligations and commitments to international treaties,
conventions and agreements to which the Philippines is a signatory.

The Dangerous Drugs Board shall give notice to the general public of the public hearing of the
reclassification, addition to or removal from the list of any drug by publishing such notice in any
newspaper of general circulation once a week for two (2) weeks.
The effect of such reclassification, addition or removal shall be as follows:
(a) In case a dangerous drug is reclassified as precursors and essential chemicals, the penalties
for the violations of this Act involving the two latter categories of drugs shall, in case of
conviction, be imposed in all pending criminal prosecutions;
(b) In case a precursors and essential chemicals is reclassified as dangerous drug, the penalties
for violations of the Act involving precursors and essential chemicals shall, in case of conviction,
be imposed in all pending criminal prosecutions;
(c) In case of the addition of a new drug to the list of dangerous drugs and precursors and
essential chemicals, no criminal liability involving the same under this Act shall arise until after
the lapse of fifteen (15) days from the last publication of such notice;
(d) In case of removal of a drug from the list of dangerous drugs and precursors and essential
chemicals, all persons convicted and/or detained for the use and/or possession of such a drug
shall be automatically released and all pending criminal prosecution involving such a drug under
this Act shall forthwith be dismissed; and
(e) The Board shall, within five (5) days from the date of its promulgation submit to Congress a
detailed reclassification, addition, or removal of any drug from the list of dangerous drugs.
ARTICLE XII
Implementing Rules and Regulations
Section 94. Implementing Rules and Regulations. The present Board in consultation with the DOH,
DILG, DOJ, DepEd, DSWD, DOLE, PNP, NBI, PAGCOR and the PCSO and all other concerned government
agencies shall promulgate within sixty (60) days the Implementing Rules and Regulations that shall be
necessary to implement the provisions of this Act.
ARTICLE XIII
Final Provisions
Section 95. Congressional Oversight Committee. There is hereby created a Congressional Oversight
Committee composed of seven (7) Members from the Senate and seven (7) Members from the House of
Representatives. The Members from the Senate shall be appointed by the Senate President based on
the proportional representation of the parties or coalitions therein with at least two (2) Senators
representing the Minority. The Members from the House of Representatives shall be appointed by the
Speaker, also based on proportional representation of the parties or coalitions therein with at least two
(2) Members representing the Minority.

The Committee shall be headed by the respective Chairpersons of the Senate Committee on Public
Order and Illegal Drugs and the House of Representatives Committee on Dangerous Drugs.
Section 96. Powers and Functions of the Oversight Committee. The Oversight Committee on
Dangerous Drugs shall, in aid of legislation, perform the following functions, among others:
(a) To set the guidelines and overall framework to monitor and ensure the proper
implementation of this Act;
(b) To ensure transparency and require the submission of reports from government agencies
concerned on the conduct of programs, projects and policies relating to the implementation of
this act;
(c) To approve the budget for the programs of the Oversight Committee on Dangerous Drugs
and all disbursements therefrom, including compensation of all personnel;
(d) To submit periodic reports to the President of the Philippines and Congress on the
implementation of the provisions of this Act;
(e) To determine inherent weaknesses in the law and recommend the necessary remedial
legislation or executive measures; and
(f) To perform such other duties, functions and responsibilities as may be necessary to
effectively attain the objectives of this Act.
Section 97. Adoption of Committee Rules and Regulations, and Funding. The Oversight Committee on
Dangerous Drugs shall adopt its internal rules of procedure, conduct hearings and receive testimonies,
reports, and technical advice, invite or summon by subpoena ad testificandum any public official, private
citizen, or any other person to testify before it, or require any person by subpoena duces
tecum documents or other materials as it may require consistent with the provisions of this Act.
The Oversight Committee on Dangerous Drugs shall be assisted by a secretariat to be composed by
personnel who may be seconded from the Senate and the House of Representatives and may retain
consultants.
To carry out the powers and functions of the Oversight Committee on Dangerous Drugs, the initial sum
of Twenty-five million pesos (P25,000,000.00) shall be charged against the current appropriations of the
Senate. Thereafter, such amount necessary for its continued operations shall be included in the annual
General Appropriations Act.
The Oversight Committee on Dangerous Drugs shall exist for a period of ten (10) years from the
effectivity of this Act and may be extended by a joint concurrent resolution.
Section 98. Limited Applicability of the Revised Penal Code. Notwithstanding any law, rule or regulation
to the contrary, the provisions of the Revised Penal Code (Act No. 3814), as amended, shall not apply to
the provisions of this Act, except in the case of minor offenders. Where the offender is a minor, the

penalty for acts punishable by life imprisonment to death provided herein shall be reclusion perpetua to
death.
Section 99. Separability Clause. If for any reason any section or provision of this Act, or any portion
thereof, or the application of such section, provision or portion thereof to any person, group or
circumstance is declared invalid or unconstitutional, the remainder of this Act shall not be affected by
such declaration and shall remain in force and effect.
Section 100. Repealing Clause. Republic Act No. 6425, as amended, is hereby repealed and all other
laws, administrative orders, rules and regulations, or parts thereof inconsistent with the provisions of
this Act, are hereby repealed or modified accordingly.
Section 101. Amending Clause. Republic Act No. 7659 is hereby amended accordingly.
Section 102. Effectivity. This Act shall take effect fifteen (15) days upon its publication in at least two
(2) national newspapers of general circulation.
Approved,

(Sgd)

(Sgd)
FRANKLIN M. DRILON
President of the Senate

JOSE DE VENECIA, JR.

Speaker of the House of Representatives

This Act which is a consolidation of Senate Bill No. 1858 and House Bill No. 4433 was finally passed by
the Senate and the House of Representatives on May 30, 2002 and May 29, 2002, respectively.
(Sgd)

(Sgd)
OSCAR G. YABES
Secretary of the Senate

ROBERTO P. NAZARENO
Secretary General
House of Representatives

Approved: January 23, 2002

(Sgd)
GLORIA MACAPAGAL-ARROYO
President of the Philippines

ANNEX

1988 UNITED NATIONS CONVENTION AGAINST ILLICIT TRAFFIC IN NARCOTIC DRUGS AND
PSYCHOTROPIC SUBSTANCES
LIST OF SUBSTANCES IN TABLE I
1. ACETIC ANHYDRIDE
2. N-ACETYLANTHRANILIC ACID
3. EPHEDRINE
4. ERGOMETRINE
5. ERGOTAMINE
6. ISOSAFROLE
7. LYSERGIC ACID
8. 3, 4-METHYLENEDIOXYPHENYL-2 PROPANONE
9. NOREPHEDRINE
10. 1-PHENYL-2-PROPANONE
11. PIPERONAL
12. POTASSIUM PERMANGANATE
13. PSEUDOEPHEDRINE
14. SAFROLE
THE SALTS OF THE SUBSTANCES LISTED IN THIS TABLE WHENEVER THE EXISTENCE OF SUCH SALTS IS
POSSIBLE.
LIST OF SUBSTANCES IN TABLE II
1. ACETONE
2. ANTHRANILIC ACID
3. ETHYL ETHER
4. HYDROCHLORIC ACID
5. METHYL ETHYL KETONE
6. PHENYLACETIC ACID
7. PIPERIDINE
8. SULPHURIC ACID
9. TOLUENE
THE SALTS OF THE SUBSTANCES LISTED IN THIS TABLE WHENEVER THE EXISTENCE OF SUCH SALTS IS
POSSIBLE (THE SALTS OF HYDROCHLORIC ACID AND SULPHURIC ACID ARE SPECIFICALLY EXCLUDED)
1961 UNITED NATIONS SINGLE CONVENTION ON NARCOTIC DRUGS AS AMENDED BY THE 1972
PROTOCOL
LIST OF DRUGS INCLUDED IN SCHEDULE I
1. Acetorphine
2. Acetyl-alpha-methylfentanyl
3. Acetylmethadol
4. Alfentanil

5. Allylprodine
6. Alphacetylmethadol
7. Alphameprodine
8. Alphamethadol
9. Alpha-methylfentanyl
10. Alpha-methylthiofentanyl
11. Alphaprodine
12. Anileridine
13. Benzethidine
14. Benzylmorphine
15. Betacetylmethadol
16. Beta-hydroxyfentanyl
17. Beta-hydroxy-3-methylfentanyl
18. Betameprodine
19. Betamethadol
20. Betaprodine
21. Bezitramide
22. Cannabis and Cannabis resin and extracts and tinctures of cannabis
23. Clonitazene
24. Coca leaf
25. Cocaine
26. Codoxime
27. Concentrate of poppy straw
28. Desomorphine
29. Dextromoramide
30. Diampromide
31. Diethylthiambutene
32. Difenoxin
33. Dihydroetorphine
34. Dihydromorphine
35. Dihydromorphine*
36. Dimenoxadol
37. Dimepheptanol
38. Dimethylthiambutene
39. Dioxaphetyl butyrate
40. Diphenoxylate
41. Dipipanone
42. Drotebanol
43. Ecgonine
44. Ethylmethylthiambutene
45. Etonitazene
46. Etorphine
47. Etoxeridine
48. Fentanyl
49. Furethidine
50. Heroin
51. Hydrocodone
52. Hydromorphinol

53. Hydromorphone
54. Hydroxypethidine
55. Isomethadone
56. Ketobemidone
57. Levomethorphan
58. Levomoramide
59. Levophenacylmorphan
60. Levorphanol
61. Metazocine
62. Methadone
63. Methadone Intermediate
64. Methyldesorphine
65. Methyldihydromorphine
66. 3-methylfentanyl
67. 3-methylthiofentanyl
68. Metopon
69. Moramide intermediate
70. Morpheridine
71. Morphine
72. Morphine methobromide
73. Morphine-N-oxide
74. MPPP
75. Myrophine
76. Nicomorphine
77. Noracymethadol
78. Norlevorphanol
79. Normethadone
80. Normorphine
81. Norpipanone
82. Opium
83. Oxycodone
84. Oxymorphone
85. Para-fluorofentanyl
86. PEPAP
87. Pethidine
88. Pethidine intermediate A
89. Pethidine intermediate B
90. Pethidine intermediate C
91. Phenadoxone
92. Phenampromide
93. Phenazocine
94. Phenomorphan
95. Phenoperidine
96. Piminodine
97. Piritramide
98. Proheptazine
99. Properidine
100. Racemethorphan

101. Racemoramide
102. Racemorphan
103. Remifentanil
104. Sufentanil
105. Thebacon
106. Thebaine
107. Thiofentanyl
108. Tilidine
109. Trimeperidine
----*

Dextromethorphan (+)-3-methoxy-N-methylmorphinan and dextrorphan (+)-3-hydroxy-Nmethylmorphinan are isomers specifically excluded from this Schedule.
AND the isomers, unless specifically excepted, of the drugs in this Schedule whenever the existence of
such isomers is possible within the specific chemical designation;
The esters and ethers, unless appearing in another Schedule, of the drugs in this Schedule whenever the
existence of such esters or ethers is possible;
The salts of the drugs listed in this Schedule, including the salts of esters, ethers and isomers as provided
above whenever the existence of such salts is possible.
LIST OF DRUGS INCLUDED IN SCHEDULE II
1. Acetyldihydrocodeine
2. Codeine
3. Dextropropoxyphene
4. Dihydrocodeine
5. Ethylmorphine
6. Nicocodine
7. Nicodicodine
8. Norcodeine
9. Pholcodine
10. Propiram
And the isomers, unless specifically excepted, of the drugs in this Schedule whenever the existence of
such isomers is possible within the specific chemical designation.
The salts of the drugs listed in this Schedule, including the salts of the isomers as provided above
whenever the existence of such salts is possible.

LIST OF DRUGS INCLUDED IN SCHEDULE III

1. Preparations of :

Acetyldihydrocodeine,
Codeine,
Dihydrocodeine,
Ethylmorphine,
Nicocodine,
Nicodicodine,
Norcodeine and
Pholcodine
When compounded with one or more other ingredients and
containing not more than milligrams of the drug per dosage unit
and with a concentration of not more than 2.5 per cent in
undivided preparations.

2. Preparations of :

Propiram containing not more than 100 milligrams of propiram per

dosage unit and compounded with at least the same amount of
Methylcellulose.

3. Preparations of :

Dextropropoxyphene for oral use containing not more than 135

milligrams of dextropropoxyphene base per dosage unit or with a
concentration of not more than 2.5 per cent in undivided
preparations, provided that such preparations do not contain any
substance controlled under the Convention on Psychotropic
Substances of 1971.

4. Preparations of :

Cocaine containing not more than 0.1 per cent of cocaine

calculated as cocaine base; and

Preparations of:
Opium or morphine containing not more than 0.2 per cent of
morphine calculated as anhydrous morphine base and
compounded with one or more other ingredients and in such a
way that the drug cannot be recovered by readily applicable means
or in a yield that would constitute a risk to public health.
5. Preparations of :

Difenoxin containing, per dosage unit, not more than 0.5

milligrams of difenoxin and a quantity of atropine sulfate
equivalent to at least 5 per cent of the dose of difenoxin.

6. Preparations of :

Diphenoxylate containing per dosage unit, not more than 2.5

milligrams diphenoxylate calculated as base and a quantity of
atropine sulfate equivalent to at least 1 per cent of the dose of
diphenoxylate.

7. Preparations of :

Pulvis ipecacuanhae et opii compositus

10 per cent opium in powder

10 per cent ipecacuanha root, in powder well mixed with
80 per cent of any other powdered ingredient containing
no drug.
8. Preparations conforming to any of the formulas listed in this Schedule and mixtures such
preparations with any material which contains no drug.
LIST OF DRUGS INCLUDED IN SCHEDULE IV
1. Acetorphine
2. Acetyl-alpha-methylfentanyl
3. Alpha-methylfentanyl
4. Alpha-methylthiofentanyl
5. Beta-hydroxy-3-methylfentanyl
6. Beta-hydroxyfentanyl
7. Cannabis and Cannabis resin
8. Desomorphine
9. Etorphine
10. Heroin
11. Ketobemidone
12. 3-methylfentanyl
13. 3-methylthiofentanyl
14. MPPP
15. Para-fluorofentanyl
16. PEPAP
17. Thiofentanyl
AND the salts of the drugs listed in this Schedule whenever the formation of such salts is possible
1971 UNITED NATIONS SINGLE CONVENTION ON PSYCHOTROPIC SUBSTANCES
LIST OF SUBSTANCES IN SCHEDULE I
BROLAMFETAMINE (DOB)

()-4-Bromo-2,5-dimethoxy-a-methylphenethylamine
Dimethoxybromoamphetamine

CATHINONE

(-)-(S)-2-Aminopropiophenone

DET

3-[2-(Diethylamino)ethyl)indole)

DMA

()-2,5-DIMETHOXY-a-methylphenethylamine
2,5 Dimethoxyamphetamine

DMPH

3-(1,2-Dimethylhepty)-7,8,9,-10-tetrahydro-6,6,9-

trimethyl-6H-dibenzo[b,d]pyran-1-ol
DMT

3-[2-(Dimethylamino)ethyl]indole

DOET

()-4-Ethyl-2,5-dimethoxy-a-phorethylamine
2,5-Dimethoxy-4-ethylamphetamine

ETICYCLIDINE (PCE)

N-Ethyl-1-phenylcyclohexylamine

ETRYPAMINE

3-(2-Aminobutyl)indole

(+)-LYSERGIDE (LSD, LSD-25)

9,10-Didehydro-N,N-diethyl-6-methylergoline-8bcarboxamide

MDA

(+)-N, a-Dimethyl-3,4-(methylene-dioxy)phenethylamine
3,4-Methylenedioxymethamphetamine

MESCALINE

3,4,5-Trimethoxyphenethylamine

METHCATHINONE

2-(Methylamino)-1-phenylpropan-1-one

4-METHYLAMINOREX

(+)-cis-2-Amino-4-methyl-5-phenyl-2-oxazoline

MMDA

2-Methoxy-a-methyl-4,5(methylenedioxy)phenethylamine
5-Methoxy-3,4-methylenedioxyamphetamine

N-ETHYL MDA

(+)-N-Ethyl-a-methyl-3,4(methylenedioxy)phenethylamine
3-4-Methylenedioxy-N-ethylamphetamine

N-HYDROXY MDA

(+)-N-[a-Methyl-3,4-(methylenedioxy)phenethyl]hydroxylamine

PARAHEXYL

3-Hexyl-7,8,9,10-tetrahydro-6,6,-9-trimethyl-6Hdibenzo[b,d]pyran-1-ol

PMA

p-Methoxy-a-methylphenethylamine
Paramethoxyamphetamine

PSILOCINE, PSILOTSIN

3-[2-(Dimethylamino)ethyl]indol-4-ol

PSILOCYBINE

3-[2-(Dimethylamino)ethyl]indol-4-yl
dihydrogen phosphate

ROLICYCLIDINE (PHP, PCPY)

1-(1-Phenylcyclohexyl)pyrrolidine

STP, DOM

2,5-Dimethoxy-a,4-dimethylphenethylamine

TENAMFETAMINE (MDA)

a-Methyl-3,4-(methylenedioxy)phenethylamine
Methylenedioxyamphetamine

TENOCYCLIDINE (TCP)

1-[1-(2-Thienyl)cyclohexyl]piperridine

TETRAHYDROCANNABINOL

- the following isomers and their stereochemical variants:

7,8,9,10-Tetrahydro-6,6,9-trimethyl-3pentyl-6H-dibenzo[b,d]pyran-1-ol
(9R,10aR)-8,9,10,10a-Tetrahydro-6,6,9trimethyl-3-pentyl-6H-dibenzo[b,d]pyran1-ol
(6aR,9R,10aR)-6a,9,10,10a-Tetrahydro6,6,9-trimethyl-3-pentyl-6Hdibenzo[b,d]pyran-1-ol
(6aR,10aR)-6a,7,10,10a-Tetrahydro-6,6,9trimethyl-3-pentyl-6H-dibenzo[b,d]pyran1-ol
(6a,7,8,9-Tetrahydro-6,6,9-trimethyl-3pentyl-6H-dibenzo[b,d]pyran-1-ol
(6aR,10aR)-6a,7,8,9,10,10a-Hexahydro6,6,dimethyl-9-methylene-3-pentyl-6HDibenzo[b,d]pyran-1-ol

TMA

()-3,4,5-Trimethoxy-a methylphenethylamine
3,4,5-Trimethoxyamphetamine
4-MIA-(a-methyl-4-methylthiophenethylamine)

The stereoisomers, unless specifically excepted, of substances in this Schedule, whenever the existence
of such stereou\isomers is possible within the specific chemical designation.

LIST OF SUBSTANCES IN SCHEDULE II

1. AMFETAMINE (AMPHETAMINE)
2. DEXAMFETAMINE (DEXAMPHETAMINE)
3. FENETYLLINE
4. LEVAMFETAMINE (LEVAMPHETAMINE)
5. LEVOMETHAMPHETAMINE
6. MECLOQUALONE
7. METAMFETAMINE (METHAMPHETAMINE)
8. METHAMPHETAMINE RACEMATE
9. METHAQUALONE
10. METHYLPHENIDATE
11. PHENCYCLIDINE (PCP)
12. PHENMETRAZINE
13. SECOBARBITAL
14. DRONABINOL (delta-9-tetrahydro-cannabinol and its stereochemical variants)
15. ZIPEPROL
16. 2C-B(4-bromo-2,5-dimethoxyphenethylamine)
LIST OF SUBSTANCES IN SCHEDULE III
1. AMOBARBITAL
2. BUPRENORPHINE
3. BUTALBITAL
4. CATHINE (+)-norpseudo-ephedrine
5. CYCLOBARBITAL
6. FLUNITRAZEPAM
7. GLUTETHIMIDE
8. PENTAZOCINE
9. PENTOBARBITAL
Substances in Schedule IV
1. ALLOBARBITAL
2. ALPRAZOLAM
3. AMFEPRAMONE 4. AMINOREX
5. BARBITAL
6. BENZFETAMINE(benzphetamine)
7. BROMAZEPAM
8. Butobarbital
9. BROTIZOLAM
10. CAMAZEPAM
11. CHLORDIAZEPOXIDE
12. CLOBAZAM
13. CLONAZEPAM
14. CLORAZEPATE
15. CLOTIAZEPAM
16. CLOXAZOLAM

17. DELORAZEPAM
18. DIAZEPAM
19. ESTAZOLAM
20. ETHCHLORVYNOL
21. ETHINAMATE
22. ETHYL LOFLAZEPATE
23. ETILAMFETAMINE(N-ethylampetamine)
24. FENCAMFAMIN
25. FENPROPOREX
26. FLUDIAZEPAM
27. FLURAZEPAM
28. HALAZEPAM
29. HALOXAZOLAM
30. KETAZOLAM
31. LEFETAMINE(SPA)
32. LOPRAZOLAM
33. LORAZEPAM
34. LORMETAZEPAM
35. MAZINDOL
36. MEDAZEPAM
37. MEFENOREX
38. MEPROBAMATE
39. MESOCARB
40. METHYLPHENOBARBITAL
41. METHYPRYLON
42. MIDAZOLAM
43. NIMETAZEPAM
44. NITRAZEPAM
45. NORDAZEPAM
46. OXAZEPAM
47. OXAZOLAM
48. PEMOLINE
49. PHENDIMETRAZINE
50. PHENOBARBITAL
51. PHENTERMINE
52. PINAZEPAM
53. PIPRADROL
54. PRAZEPAM
55. PYROVALERONE
56. SECBUTABARBITAL
57. TEMAZEPAM
58. TETRAZEPAM
59. TRIAZOLAM
60. VINYLBITAL GHB (Gamma-Hydroxyburic acid)
61. Zolpidem

Anti-Child Abuse Act (R.A. No. 7610)

Republic of the Philippines
Congress of the Philippines
Metro Manila
Ninth Congress

Republic Act No. 7610

June 17, 1992

AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION AGAINST CHILD ABUSE,
EXPLOITATION AND DISCRIMINATION, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::
ARTICLE I
Title, Policy, Principles and Definitions of Terms
Section 1. Title. This Act shall be known as the "Special Protection of Children Against Abuse,
Exploitation and Discrimination Act."
Section 2. Declaration of State Policy and Principles. It is hereby declared to be the policy of the State
to provide special protection to children from all firms of abuse, neglect, cruelty exploitation and
discrimination and other conditions, prejudicial their development; provide sanctions for their
commission and carry out a program for prevention and deterrence of and crisis intervention in
situations of child abuse, exploitation and discrimination. The State shall intervene on behalf of the child
when the parent, guardian, teacher or person having care or custody of the child fails or is unable to
protect the child against abuse, exploitation and discrimination or when such acts against the child are
committed by the said parent, guardian, teacher or person having care and custody of the
same.1awphi1@alf
It shall be the policy of the State to protect and rehabilitate children gravely threatened or endangered
by circumstances which affect or will affect their survival and normal development and over which they
have no control.
The best interests of children shall be the paramount consideration in all actions concerning them,
whether undertaken by public or private social welfare institutions, courts of law, administrative
authorities, and legislative bodies, consistent with the principle of First Call for Children as enunciated in
the United Nations Convention of the Rights of the Child. Every effort shall be exerted to promote the
welfare of children and enhance their opportunities for a useful and happy life.

Section 3. Definition of Terms.

(a) "Children" 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 a physical or mental disability or condition;
(b) "Child abuse" refers to the maltreatment, whether habitual or not, of the child which
includes any of the following:
(1) Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional
maltreatment;
(2) Any act by deeds or words which debases, degrades or demeans the intrinsic worth
and dignity of a child as a human being;
(3) Unreasonable deprivation of his basic needs for survival, such as food and shelter; or
(4) 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.
(c) "Circumstances which gravely threaten or endanger the survival and normal development of
children" include, but are not limited to, the following;
(1) Being in a community where there is armed conflict or being affected by armed
conflict-related activities;
(2) Working under conditions hazardous to life, safety and normal which unduly
interfere with their normal development;
(3) Living in or fending for themselves in the streets of urban or rural areas without the
care of parents or a guardian or basic services needed for a good quality of life;
(4) Being a member of a indigenous cultural community and/or living under conditions
of extreme poverty or in an area which is underdeveloped and/or lacks or has
inadequate access to basic services needed for a good quality of life;
(5) Being a victim of a man-made or natural disaster or calamity; or
(6) Circumstances analogous to those abovestated which endanger the life, safety or
normal development of children.
(d) "Comprehensive program against child abuse, exploitation and discrimination" refers to the
coordinated program of services and facilities to protected children against:
(1) Child Prostitution and other sexual abuse;
(2) Child trafficking;

(3) Obscene publications and indecent shows;

(4) Other acts of abuses; and
(5) Circumstances which threaten or endanger the survival and normal development of
children.1awphi1
ARTICLE II
Program on Child Abuse, Exploitation and Discrimination
Section 4. Formulation of the Program. There shall be a comprehensive program to be formulated, by
the Department of Justice and the Department of Social Welfare and Development in coordination with
other government agencies and private sector concerned, within one (1) year from the effectivity of this
Act, to protect children against child prostitution and other sexual abuse; child trafficking, obscene
publications and indecent shows; other acts of abuse; and circumstances which endanger child survival
and normal development.
ARTICLE III
Child Prostitution and Other Sexual Abuse
Section 5. Child Prostitution and Other Sexual Abuse. Children, whether male or female, who for
money, profit, or any other consideration or due to the 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.
The penalty of reclusion temporal in its medium period to reclusion perpetua shall be imposed upon the
following:
(a) Those who engage in or promote, facilitate or induce child prostitution which include, but
are not limited to, the following:
(1) Acting as a procurer of a child prostitute;
(2) Inducing a person to be a client of a child prostitute by means of written or oral
advertisements or other similar means;
(3) Taking advantage of influence or relationship to procure a child as prostitute;
(4) Threatening or using violence towards a child to engage him as a prostitute; or
(5) Giving monetary consideration goods or other pecuniary benefit to a child with
intent to engage such child in prostitution.
(b) Those who commit the act of sexual intercourse of lascivious conduct with a child exploited
in prostitution or subject to other sexual abuse; Provided, That when the victims is under twelve
(12) years of age, the perpetrators shall be prosecuted under Article 335, paragraph 3, for rape
and Article 336 of Act No. 3815, as amended, the Revised Penal Code, for rape or lascivious

conduct, as the case may be: Provided, That the penalty for lascivious conduct when the victim
is under twelve (12) years of age shall be reclusion temporal in its medium period; and
(c) Those who derive profit or advantage therefrom, whether as manager or owner of the
establishment where the prostitution takes place, or of the sauna, disco, bar, resort, place of
entertainment or establishment serving as a cover or which engages in prostitution in addition
to the activity for which the license has been issued to said establishment.
Section 6. Attempt To Commit Child Prostitution. There is an attempt to commit child prostitution
under Section 5, paragraph (a) hereof when 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 believe that the child is about to be exploited in
prostitution and other sexual abuse.
There is also an attempt to commit child prostitution, under paragraph (b) of Section 5 hereof when any
person is receiving services from a child in a sauna parlor or bath, massage clinic, health club and other
similar establishments. A penalty lower by two (2) degrees than that prescribed for the consummated
felony under Section 5 hereof shall be imposed upon the principals of the attempt to commit the crime
of child prostitution under this Act, or, in the proper case, under the Revised Penal Code.
ARTICLE IV
Child Trafficking
Section 7. Child Trafficking. 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, shall suffer the penalty of reclusion temporal to reclusion perpetua. The
penalty shall be imposed in its maximum period when the victim is under twelve (12) years of age.
Section 8. Attempt to Commit Child Trafficking. There is an attempt to commit child trafficking under
Section 7 of this Act:1awphi1@alf
(a) When a child travels alone to a foreign country without valid reason therefor and without
clearance issued by the Department of Social Welfare and Development or written permit or
justification from the child's parents or legal guardian;
(c) When a person, agency, establishment or child-caring institution recruits women or couples
to bear children for the purpose of child trafficking; or
(d) When 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; or
(e) When a person engages in the act of finding children among low-income families, hospitals,
clinics, nurseries, day-care centers, or other child-during institutions who can be offered for the
purpose of child trafficking.

A penalty lower two (2) degrees than that prescribed for the consummated felony under Section 7
hereof shall be imposed upon the principals of the attempt to commit child trafficking under this Act.
ARTICLE V
Obscene Publications and Indecent Shows
Section 9. Obscene Publications and Indecent Shows. 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 shall suffer the penalty of prision mayor in its medium period.
If the child used as a performer, subject or seller/distributor is below twelve (12) years of age, the
penalty shall be imposed in its maximum period.
Any ascendant, guardian, or person entrusted in any capacity with the care of a child who shall cause
and/or allow such child to be employed or to participate in an obscene play, scene, act, movie or show
or in any other acts covered by this section shall suffer the penalty of prision mayor in its medium
period.
ARTICLE VI
Other Acts of Abuse
Section 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other Conditions Prejudicial to
the Child's Development.
(a) Any person who shall commit any other acts of child abuse, cruelty or exploitation or to be
responsible for other conditions prejudicial to the child's development including those covered
by Article 59 of Presidential Decree No. 603, as amended, but not covered by the Revised Penal
Code, as amended, shall suffer the penalty of prision mayor in its minimum period.
(b) Any person who shall keep or have in his company a minor, twelve (12) years or under or
who in ten (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 places shall suffer the penalty of prision mayor in its maximum period and a fine
of not less than Fifty thousand pesos (P50,000): 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.
(c) Any person who shall induce, deliver or offer a minor to any one prohibited by this Act to
keep or have in his company a minor as provided in the preceding paragraph shall suffer the
penalty of prision mayor in its medium period and a fine of not less than Forty thousand pesos
(P40,000); Provided, however, That should the perpetrator be an ascendant, stepparent or
guardian of the minor, the penalty to be imposed shall be prision mayor in its maximum period,
a fine of not less than Fifty thousand pesos (P50,000), and the loss of parental authority over the
minor.

(d) 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 shall be imposed a penalty of prision mayor in its medium period and a fine of not less
than Fifty thousand pesos (P50,000), and the loss of the license to operate such a place or
establishment.
(e) Any person who shall use, coerce, force or intimidate a street child or any other child to;
(1) Beg or use begging as a means of living;
(2) Act as conduit or middlemen in drug trafficking or pushing; or
(3) Conduct any illegal activities, shall suffer the penalty of prision correccional in its
medium period to reclusion perpetua.
For purposes of this Act, the penalty for the commission of acts punishable under Articles 248, 249, 262,
paragraph 2, and 263, paragraph 1 of Act No. 3815, as amended, the Revised Penal Code, for the crimes
of murder, homicide, other intentional mutilation, and serious physical injuries, respectively, shall be
reclusion perpetua when the victim is under twelve (12) years of age. The penalty for the commission of
acts punishable under Article 337, 339, 340 and 341 of Act No. 3815, as amended, the Revised Penal
Code, for the crimes of qualified seduction, acts of lasciviousness with the consent of the offended
party, corruption of minors, and white slave trade, respectively, shall be one (1) degree higher than that
imposed by law when the victim is under twelve (12) years age.
The victim of the acts committed under this section shall be entrusted to the care of the Department of
Social Welfare and Development.
ARTICLE VII
Sanctions for Establishments or Enterprises
Section 11. Sanctions of Establishments or Enterprises which Promote, Facilitate, or Conduct Activities
Constituting Child Prostitution and Other Sexual Abuse, Child Trafficking, Obscene Publications and
Indecent Shows, and Other Acts of Abuse. 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. A sign with the words "off limits" shall be
conspicuously displayed outside the establishments or enterprises by the Department of Social Welfare
and Development for such period which shall not be less than one (1) year, as the Department may
determine. The unauthorized removal of such sign shall be punishable by prision correccional.
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 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.
ARTICLE VIII
Working Children
Section 12. Employment of Children. Children below fifteen (15) years of age may be employed
except:
(1) When a child works directly under the sole responsibility of his parents or legal guardian and
where only members of the employer's family are employed: Provided, however, That his
employment neither endangers his life, safety and health and morals, nor impairs his normal
development: Provided, further, That the parent or legal guardian shall provide the said minor
child with the prescribed primary and/or secondary education; or
(2) When a child's employment or participation in public & entertainment or information
through cinema, theater, radio or television is essential: Provided, The employment contract
concluded by the child's parent or guardian, with the express agreement of the child concerned,
if possible, and the approval of the Department of Labor and Employment: Provided, That the
following requirements in all instances are strictly complied with:
(a) The employer shall ensure the protection, health, safety and morals of the child;
(b) the employer shall institute measures to prevent the child's exploitation or discrimination
taking into account the system and level of remuneration, and the duration and arrangement of
working time; and;
(c) The employer shall formulate and implement, subject to the approval and supervision of
competent authorities, a continuing program for training and skill acquisition of the child.
In the above exceptional cases where any such child may be employed, the employer shall first secure,
before engaging such child, a work permit from the Department of Labor and Employment which shall
ensure observance of the above requirement.
The Department of Labor Employment shall promulgate rules and regulations necessary for the effective
implementation of this Section.
Section 13. Non-formal Education for Working Children. The Department of Education, Culture and
Sports shall promulgate a course design under its non-formal education program aimed at promoting
the intellectual, moral and vocational efficiency of working children who have not undergone or finished
elementary or secondary education. Such course design shall integrate the learning process deemed
most effective under given circumstances.
Section 14. Prohibition on the Employment of Children in Certain Advertisements. No person shall
employ child models in all commercials or advertisements promoting alcoholic beverages, intoxicating
drinks, tobacco and its byproducts and violence.

Section 15. Duty of Employer. Every employer shall comply with the duties provided for in Articles 108
and 109 of Presidential Decree No. 603.
Section 16. Penalties. Any person who shall violate any provision of this Article shall suffer the penalty
of a fine of not less than One thousand pesos (P1,000) but not more than Ten thousand pesos (P10,000)
or imprisonment of not less than three (3) months but not more than three (3) years, or both at the
discretion of the court; Provided, That, in case of repeated violations of the provisions of this Article, the
offender's license to operate shall be revoked.
ARTICLE IX
Children of Indigenous Cultural Communities
Section 17. Survival, Protection and Development. In addition to the rights guaranteed to children
under this Act and other existing laws, children of indigenous cultural communities shall be entitled to
protection, survival and development consistent with the customs and traditions of their respective
communities.
Section 18. System of and Access to Education. The Department of Education, Culture and Sports shall
develop and institute an alternative system of education for children of indigenous cultural communities
which culture-specific and relevant to the needs of and the existing situation in their communities. The
Department of Education, Culture and Sports shall also accredit and support non-formal but functional
indigenous educational programs conducted by non-government organizations in said communities.
Section 19. Health and Nutrition. The delivery of basic social services in health and nutrition to
children of indigenous cultural communities shall be given priority by all government agencies
concerned. Hospitals and other health institution shall ensure that children of indigenous cultural
communities are given equal attention. In the provision of health and nutrition services to children of
indigenous cultural communities, indigenous health practices shall be respected and recognized.
Section 20. Discrimination. Children of indigenous cultural communities shall not be subjected to any
and all forms of discrimination.
Any person who discriminate against children of indigenous cultural communities shall suffer a penalty
of arresto mayor in its maximum period and a fine of not less than Five thousand pesos (P5,000) more
than Ten thousand pesos (P10,000).
Section 21. Participation. Indigenous cultural communities, through their duly-designated or
appointed representatives shall be involved in planning, decision-making implementation, and
evaluation of all government programs affecting children of indigenous cultural communities.
Indigenous institution shall also be recognized and respected.
ARTICLE X
Children in Situations of Armed Conflict
Section 22. Children as Zones of Peace. Children are hereby declared as Zones of Peace. It shall be the
responsibility of the State and all other sectors concerned to resolve armed conflicts in order to promote
the goal of children as zones of peace. To attain this objective, the following policies shall be observed.

(a) Children shall not be the object of attack and shall be entitled to special respect. They shall
be protected from any form of threat, assault, torture or other cruel, inhumane or degrading
treatment;
(b) Children shall not be recruited to become members of the Armed Forces of the Philippines of
its civilian units or other armed groups, nor be allowed to take part in the fighting, or used as
guides, couriers, or spies;
(c) Delivery of basic social services such as education, primary health and emergency relief
services shall be kept unhampered;
(d) The safety and protection of those who provide services including those involved in factfinding missions from both government and non-government institutions shall be ensured. They
shall not be subjected to undue harassment in the performance of their work;
(e) Public infrastructure such as schools, hospitals and rural health units shall not be utilized for
military purposes such as command posts, barracks, detachments, and supply depots; and
(f) All appropriate steps shall be taken to facilitate the reunion of families temporarily separated
due to armed conflict.
Section 23. Evacuation of Children During Armed Conflict. Children shall be given priority during
evacuation as a result of armed conflict. Existing community organizations shall be tapped to look after
the safety and well-being of children during evacuation operations. Measures shall be taken to ensure
that children evacuated are accompanied by persons responsible for their safety and well-being.
Section 24. Family Life and Temporary Shelter. Whenever possible, members of the same family shall
be housed in the same premises and given separate accommodation from other evacuees and provided
with facilities to lead a normal family life. In places of temporary shelter, expectant and nursing mothers
and children shall be given additional food in proportion to their physiological needs. Whenever
feasible, children shall be given opportunities for physical exercise, sports and outdoor games.
Section 25. Rights of Children Arrested for Reasons Related to Armed Conflict. Any child who has
been arrested for reasons related to armed conflict, either as combatant, courier, guide or spy is entitled
to the following rights;
(a) Separate detention from adults except where families are accommodated as family units;
(b) Immediate free legal assistance;
(c) Immediate notice of such arrest to the parents or guardians of the child; and
(d) Release of the child on recognizance within twenty-four (24) hours to the custody of the
Department of Social Welfare and Development or any responsible member of the community
as determined by the court.

If after hearing the evidence in the proper proceedings the court should find that the aforesaid child
committed the acts charged against him, the court shall determine the imposable penalty, including any
civil liability chargeable against him. However, instead of pronouncing judgment of conviction, the court
shall suspend all further proceedings and shall commit such child to the custody or care of the
Department of Social Welfare and Development or to any training institution operated by the
Government, or duly-licensed agencies or any other responsible person, until he has had reached
eighteen (18) years of age or, for a shorter period as the court may deem proper, after considering the
reports and recommendations of the Department of Social Welfare and Development or the agency or
responsible individual under whose care he has been committed.
The aforesaid child shall subject to visitation and supervision by a representative of the Department of
Social Welfare and Development or any duly-licensed agency or such other officer as the court may
designate subject to such conditions as it may prescribe.
The aforesaid child whose sentence is suspended can appeal from the order of the court in the same
manner as appeals in criminal cases.
Section 26. Monitoring and Reporting of Children in Situations of Armed Conflict. The chairman of
the barangay affected by the armed conflict shall submit the names of children residing in said barangay
to the municipal social welfare and development officer within twenty-four (24) hours from the
occurrence of the armed conflict.
ARTICLE XI
Remedial Procedures
Section 27. Who May File a Complaint. Complaints on cases of unlawful acts committed against the
children as enumerated herein may be filed by the following:
(a) Offended party;
(b) Parents or guardians;
(c) Ascendant or collateral relative within the third degree of consanguinity;1awphi1@ITC
(d) Officer, social worker or representative of a licensed child-caring institution;
(e) Officer or social worker of the Department of Social Welfare and Development;
(f) Barangay chairman; or
(g) At least three (3) concerned responsible citizens where the violation occurred.
Section 28. Protective Custody of the Child. The offended party shall be immediately placed under the
protective custody of the Department of Social Welfare and Development pursuant to Executive Order
No. 56, series of 1986. In the regular performance of this function, the officer of the Department of
Social Welfare and Development shall be free from any administrative, civil or criminal liability. Custody
proceedings shall be in accordance with the provisions of Presidential Decree No. 603.

Section 29. Confidentiality. At the instance of the offended party, his name may be withheld from the
public until the court acquires jurisdiction over the case.
It shall be unlawful for any editor, publisher, and reporter or columnist in case of printed materials,
announcer or producer in case of television and radio broadcasting, producer and director of the film in
case of the movie industry, to cause undue and sensationalized publicity of any case of violation of this
Act which results in the moral degradation and suffering of the offended party.Lawphi1@alf
Section 30. Special Court Proceedings. Cases involving violations of this Act shall be heard in the
chambers of the judge of the Regional Trial Court duly designated as Juvenile and Domestic Court.
Any provision of existing law to the contrary notwithstanding and with the exception of habeas corpus,
election cases, and cases involving detention prisoners and persons covered by Republic Act No. 4908,
all courts shall give preference to the hearing or disposition of cases involving violations of this Act.
ARTICLE XII
Common Penal Provisions
Section 31. Common Penal Provisions.
(a) The penalty provided under this Act shall be imposed in its maximum period if the offender
has been previously convicted under this Act;
(b) When the offender is a corporation, partnership or association, the officer or employee
thereof who is responsible for the violation of this Act shall suffer the penalty imposed in its
maximum period;
(c) The penalty provided herein shall be imposed in its maximum period when the perpetrator is
an ascendant, parent guardian, stepparent or collateral relative within the second degree of
consanguinity or affinity, or a manager or owner of an establishment which has no license to
operate or its license has expired or has been revoked;
(d) When the offender is a foreigner, he shall be deported immediately after service of sentence
and forever barred from entry to the country;
(e) The penalty provided for in this Act shall be imposed in its maximum period if the offender is
a public officer or employee: Provided, however, That if the penalty imposed is reclusion
perpetua or reclusion temporal, then the penalty of perpetual or temporary absolute
disqualification shall also be imposed: Provided, finally, That if the penalty imposed is prision
correccional or arresto mayor, the penalty of suspension shall also be imposed; and
(f) A fine to be determined by the court shall be imposed and administered as a cash fund by the
Department of Social Welfare and Development and disbursed for the rehabilitation of each
child victim, or any immediate member of his family if the latter is the perpetrator of the
offense.

ARTICLE XIII
Final Provisions
Section 32. Rules and Regulations. Unless otherwise provided in this Act, the Department of Justice, in
coordination with the Department of Social Welfare and Development, shall promulgate rules and
regulations of the effective implementation of this Act.
Such rules and regulations shall take effect upon their publication in two (2) national newspapers of
general circulation.
Section 33. Appropriations. The amount necessary to carry out the provisions of this Act is hereby
authorized to be appropriated in the General Appropriations Act of the year following its enactment into
law and thereafter.
Section 34. Separability Clause. If any provision of this Act is declared invalid or unconstitutional, the
remaining provisions not affected thereby shall continue in full force and effect.
Section 35. Repealing Clause. All laws, decrees, or rules inconsistent with the provisions of this Acts
are hereby repealed or modified accordingly.
Section 36. Effectivity Clause. This Act shall take effect upon completion of its publication in at least
two (2) national newspapers of general circulation.
Approved: June 17, 1992

Anti-Graft and Corrupt Practices Act (R.A. No. 3019)

REPUBLIC ACT No. 3019
ANTI-GRAFT AND CORRUPT PRACTICES ACT
Section 1. Statement of policy. It is the policy of the Philippine Government, in line with the principle that a
public office is a public trust, to repress certain acts of public officers and private persons alike which
constitute graft or corrupt practices or which may lead thereto.
Section 2. Definition of terms. As used in this Act, that term
(a) "Government" includes the national government, the local governments, the government-owned
and government-controlled corporations, and all other instrumentalities or agencies of the Republic
of the Philippines and their branches.
(b) "Public officer" includes elective and appointive officials and employees, permanent or
temporary, whether in the classified or unclassified or exempt service receiving compensation, even
nominal, from the government as defined in the preceding subparagraph.
(c) "Receiving any gift" includes the act of accepting directly or indirectly a gift from a person other
than a member of the public officer's immediate family, in behalf of himself or of any member of his
family or relative within the fourth civil degree, either by consanguinity or affinity, even on the
occasion of a family celebration or national festivity like Christmas, if the value of the gift is under
the circumstances manifestly excessive.
(d) "Person" includes natural and juridical persons, unless the context indicates otherwise.
Section 3. Corrupt practices of public officers. In addition to acts or omissions of public officers already
penalized by existing law, the following shall constitute corrupt practices of any public officer and are hereby
declared to be unlawful:
(a) Persuading, inducing or influencing another public officer to perform an act constituting a
violation of rules and regulations duly promulgated by competent authority or an offense in
connection with the official duties of the latter, or allowing himself to be persuaded, induced, or
influenced to commit such violation or offense.
(b) Directly or indirectly requesting or receiving any gift, present, share, percentage, or benefit, for
himself or for any other person, in connection with any contract or transaction between the
Government and any other part, wherein the public officer in his official capacity has to intervene
under the law.
(c) Directly or indirectly requesting or receiving any gift, present or other pecuniary or material
benefit, for himself or for another, from any person for whom the public officer, in any manner or
capacity, has secured or obtained, or will secure or obtain, any Government permit or license, in
consideration for the help given or to be given, without prejudice to Section thirteen of this Act.

(d) Accepting or having any member of his family accept employment in a private enterprise which
has pending official business with him during the pendency thereof or within one year after its
termination.
(e) Causing any undue injury to any party, including the Government, or giving any private party any
unwarranted benefits, advantage or preference in the discharge of his official administrative or
judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence. This
provision shall apply to officers and employees of offices or government corporations charged with
the grant of licenses or permits or other concessions.
(f) Neglecting or refusing, after due demand or request, without sufficient justification, to act within
a reasonable time on any matter pending before him for the purpose of obtaining, directly or
indirectly, from any person interested in the matter some pecuniary or material benefit or
advantage, or for the purpose of favoring his own interest or giving undue advantage in favor of or
discriminating against any other interested party.
(g) Entering, on behalf of the Government, into any contract or transaction manifestly and grossly
disadvantageous to the same, whether or not the public officer profited or will profit thereby.
(h) Director or indirectly having financing or pecuniary interest in any business, contract or
transaction in connection with which he intervenes or takes part in his official capacity, or in which
he is prohibited by the Constitution or by any law from having any interest.
(i) Directly or indirectly becoming interested, for personal gain, or having a material interest in any
transaction or act requiring the approval of a board, panel or group of which he is a member, and
which exercises discretion in such approval, even if he votes against the same or does not participate
in the action of the board, committee, panel or group.
Interest for personal gain shall be presumed against those public officers responsible for the
approval of manifestly unlawful, inequitable, or irregular transaction or acts by the board, panel or
group to which they belong.
(j) Knowingly approving or granting any license, permit, privilege or benefit in favor of any person not
qualified for or not legally entitled to such license, permit, privilege or advantage, or of a mere
representative or dummy of one who is not so qualified or entitled.
(k) Divulging valuable information of a confidential character, acquired by his office or by him on
account of his official position to unauthorized persons, or releasing such information in advance of
its authorized release date.
The person giving the gift, present, share, percentage or benefit referred to in subparagraphs (b) and (c); or
offering or giving to the public officer the employment mentioned in subparagraph (d); or urging the
divulging or untimely release of the confidential information referred to in subparagraph (k) of this section
shall, together with the offending public officer, be punished under Section nine of this Act and shall be
permanently or temporarily disqualified in the discretion of the Court, from transacting business in any form
with the Government.
Section 4. Prohibition on private individuals. (a) It shall be unlawful for any person having family or close
personal relation with any public official to capitalize or exploit or take advantage of such family or close

personal relation by directly or indirectly requesting or receiving any present, gift or material or pecuniary
advantage from any other person having some business, transaction, application, request or contract with
the government, in which such public official has to intervene. Family relation shall include the spouse or
relatives by consanguinity or affinity in the third civil degree. The word "close personal relation" shall include
close personal friendship, social and fraternal connections, and professional employment all giving rise to
intimacy which assures free access to such public officer.
(b) It shall be unlawful for any person knowingly to induce or cause any public official to commit any
of the offenses defined in Section 3 hereof.
Section 5. Prohibition on certain relatives. It shall be unlawful for the spouse or for any relative, by
consanguinity or affinity, within the third civil degree, of the President of the Philippines, the Vice-President
of the Philippines, the President of the Senate, or the Speaker of the House of Representatives, to intervene,
directly or indirectly, in any business, transaction, contract or application with the Government: Provided,
That this section shall not apply to any person who, prior to the assumption of office of any of the above
officials to whom he is related, has been already dealing with the Government along the same line of
business, nor to any transaction, contract or application already existing or pending at the time of such
assumption of public office, nor to any application filed by him the approval of which is not discretionary on
the part of the official or officials concerned but depends upon compliance with requisites provided by law,
or rules or regulations issued pursuant to law, nor to any act lawfully performed in an official capacity or in
the exercise of a profession.
Section 6. Prohibition on Members of Congress. It shall be unlawful hereafter for any Member of the
Congress during the term for which he has been elected, to acquire or receive any personal pecuniary
interest in any specific business enterprise which will be directly and particularly favored or benefited by any
law or resolution authored by him previously approved or adopted by the Congress during the same term.
The provision of this section shall apply to any other public officer who recommended the initiation in
Congress of the enactment or adoption of any law or resolution, and acquires or receives any such interest
during his incumbency.
It shall likewise be unlawful for such member of Congress or other public officer, who, having such interest
prior to the approval of such law or resolution authored or recommended by him, continues for thirty days
after such approval to retain such interest.
Section 7. Statement of assets and liabilities. Every public officer, within thirty days after the approval of this
Act or after assuming office, and within the month of January of every other year thereafter, as well as upon
the expiration of his term of office, or upon his resignation or separation from office, shall prepare and file
with the office of the corresponding Department Head, or in the case of a Head of Department or chief of an
independent office, with the Office of the President, or in the case of members of the Congress and the
officials and employees thereof, with the Office of the Secretary of the corresponding House, a true detailed
and sworn statement of assets and liabilities, including a statement of the amounts and sources of his
income, the amounts of his personal and family expenses and the amount of income taxes paid for the next
preceding calendar year: Provided, That public officers assuming office less than two months before the end
of the calendar year, may file their statements in the following months of January.
Section 8. Dismissal due to unexplained wealth. If in accordance with the provisions of Republic Act
Numbered One thousand three hundred seventy-nine, a public official has been found to have acquired
during his incumbency, whether in his name or in the name of other persons, an amount of property and/or

money manifestly out of proportion to his salary and to his other lawful income, that fact shall be a ground
for dismissal or removal. Properties in the name of the spouse and unmarried children of such public official
may be taken into consideration, when their acquisition through legitimate means cannot be satisfactorily
shown. Bank deposits shall be taken into consideration in the enforcement of this section, notwithstanding
any provision of law to the contrary.
Section 9. Penalties for violations. (a) Any public officer or private person committing any of the unlawful acts
or omissions enumerated in Sections 3, 4, 5 and 6 of this Act shall be punished with imprisonment for not less
than one year nor more than ten years, perpetual disqualification from public office, and confiscation or
forfeiture in favor of the Government of any prohibited interest and unexplained wealth manifestly out of
proportion to his salary and other lawful income.
Any complaining party at whose complaint the criminal prosecution was initiated shall, in case of conviction
of the accused, be entitled to recover in the criminal action with priority over the forfeiture in favor of the
Government, the amount of money or the thing he may have given to the accused, or the value of such thing.
(b) Any public officer violation any of the provisions of Section 7 of this Act shall be punished by a
fine of not less than one hundred pesos nor more than one thousand pesos, or by imprisonment not
exceeding one year, or by both such fine and imprisonment, at the discretion of the Court.
The violation of said section proven in a proper administrative proceeding shall be sufficient cause for
removal or dismissal of a public officer, even if no criminal prosecution is instituted against him.
Section 10. Competent court. Until otherwise provided by law, all prosecutions under this Act shall be within
the original jurisdiction of the proper Court of First Instance.
Section 11. Prescription of offenses. All offenses punishable under this Act shall prescribe in ten years.
Section 12. Termination of office. No public officer shall be allowed to resign or retire pending an
investigation, criminal or administrative, or pending a prosecution against him, for any offense under this Act
or under the provisions of the Revised Penal Code on bribery.
Section 13. Suspension and loss of benefits. Any public officer against whom any criminal prosecution under a
valid information under this Act or under the provisions of the Revised Penal Code on bribery is pending in
court, shall be suspended from office. Should he be convicted by final judgment, he shall lose all retirement
or gratuity benefits under any law, but if he is acquitted, he shall be entitled to reinstatement and to the
salaries and benefits which he failed to receive during suspension, unless in the meantime administrative
proceedings have been filed against him.
Section 14. Exception. Unsolicited gifts or presents of small or insignificant value offered or given as a mere
ordinary token of gratitude or friendship according to local customs or usage, shall be excepted from the
provisions of this Act.
Nothing in this Act shall be interpreted to prejudice or prohibit the practice of any profession, lawful trade or
occupation by any private person or by any public officer who under the law may legitimately practice his
profession, trade or occupation, during his incumbency, except where the practice of such profession, trade
or occupation involves conspiracy with any other person or public official to commit any of the violations
penalized in this Act.

Section 15. Separability clause. If any provision of this Act or the application of such provision to any person
or circumstances is declared invalid, the remainder of the Act or the application of such provision to other
persons or circumstances shall not be affected by such declaration.
Section 16. Effectivity. This Act shall take effect on its approval, but for the purpose of determining
unexplained wealth, all property acquired by a public officer since he assumed office shall be taken into
consideration.
Approved: August 17, 1960

Anti-Hazing Law (R.A. No. 8049)

REPUBLIC ACT No. 8049
AN ACT REGULATING HAZING AND OTHER FORMS OF INITIATION RITES IN FRATERNITIES, SORORITIES, AND
OTHER ORGANIZATIONS AND PROVIDING PENALTIES THEREFOR
Section 1. Hazing, as used in this Act, is 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 other similar tasks
or activities or otherwise subjecting him to physical or psychological suffering or injury.
The term "organization" shall include any club or the Armed Forces of the Philippines, Philippine National
Police, Philippine Military Academy, or officer and cadet corp of the Citizen's Military Training and Citizen's
Army Training. 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
Armed Forces of the Philippines and the Philippine National Police as approved ny the Secretary of National
Defense and the National Police Commission duly recommended by the Chief of Staff, Armed Forces of the
Philippines and the Director General of the Philippine National Police shall not be considered as hazing for
the purposes of this Act.
Section 2. No hazing or initiation rites in any form or manner by a fraternity, sorority or organization shall be
allowed without prior written notice to the school authorities or head of organization seven (7) days before
the conduct of such initiation. The written notice shall indicate the period of the initiation activities which
shall not exceed three (3) days, shall include the names of those to be subjected to such activities, and shall
further contain an undertaking that no physical violence be employed by anybody during such initiation rites.
Section 3. The head of the school or organization or their representatives must assign at least two (2)
representatives of the school or organization, as the case may be, to be present during the initiation. It is the
duty of such representative to see to it that no physical harm of any kind shall be inflicted upon a recruit,
neophyte or applicant.
Section 4. If the person subjected to hazing or other forms of initiation rites suffers any physical injury or dies
as a result thereof, the officers and members of the fraternity, sorority or organization who actually
participated in the infliction of physical harm shall be liable as principals. The person or persons who
participated in the hazing shall suffer:
1. The penalty of reclusion perpetua (life imprisonment) if death, rape, sodomy or mutilation results
there from.
2. The penalty of reclusion temporal in its maximum period (17 years, 4 months and 1 day to 20
years) if in consequence of the hazing the victim shall become insane, imbecile, impotent or blind.
3. The penalty of reclusion temporal in its medium period (14 years, 8 months and one day to 17
years and 4 months) 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.
4. The penalty of reclusion temporal in its minimum period (12 years and one day to 14 years and 8
months) 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 on the activity or work in which he was habitually engaged for a period of more
than ninety (90) days.
5. The penalty of prison mayor in its maximum period (10 years and one day to 12 years) 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 a period of more than thirty (30) days.
6. The penalty of prison mayor in its medium period (8 years and one day to 10 years) 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 a period of ten (10) days or more, or that the
injury sustained shall require medical assistance for the same period.
7. The penalty of prison mayor in its minimum period (6 years and one day to 8 years) 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 from one (1) to nine (9) days, or that the injury
sustained shall require medical assistance for the same period.
8. The penalty of prison correccional in its maximum period (4 years, 2 months and one day to 6
years) 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 the 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
(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. A fraternity or sorority's adviser who is present when the acts constituting the hazing were
committed and failed to take action to prevent the same from occurring shall be liable as principal.
The presence of any person during the hazing is prima facie evidence of participation therein as principal
unless he prevented the commission of the acts punishable herein.
Any person charged under this provision shall not be entitled to the mitigating circumstance that there was
no intention to commit so grave a wrong.
This section shall apply to the president, manager, director or other responsible officer of a corporation
engaged in hazing as a requirement for employment in the manner provided herein.
Section 5. If any provision or part of this Act is declared invalid or unconstitutional, the other parts or
provisions thereof shall remain valid and effective.
Section 6. All laws, orders, rules or regulations which are inconsistent with or contrary to the provisions of
this Act are hereby amended or repealed accordingly.
Section 7. This Act shall take effect fifteen (15) calendar days after its publication in at least two (2) national
newspapers of general circulation.

Anti-Trafficking in Persons Act (R.A. No. 9208)

Republic of the Philippines
Congress of the Philippines
Metro Manila
Twelfth Congress
Second Regular Session

Begun held in Metro Manila on Monday, the twenty-second day of July, two thousand two
Republic Act No. 9208

May 26, 2003

AN ACT TO INSTITUTE POLICIES TO ELIMINATE TRAFFICKING IN PERSONS ESPECIALLY WOMEN AND

CHILDREN, ESTABLISHING THE NECESSARY INSTITUTIONAL MECHANISMS FOR THE PROTECTION AND
SUPPORT OF TRAFFICKED PERSONS, PROVIDING PENALTIES FOR ITS VIOLATIONS, AND FOR OTHER
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:
Section 1. Title. This Act shall be known as the "Anti-Trafficking in Persons Act of 2003".
Section 2. Declaration of Policy. It is hereby declared that the State values the dignity of every human
person and guarantees the respect of individual rights. In pursuit of this policy, the State shall give highest
priority to the enactment of measures and development of programs that will promote human dignity,
protect the people from any threat of violence and exploitation, eliminate trafficking in persons, and mitigate
pressures for involuntary migration and servitude of persons, not only to support trafficked persons but more
importantly, to ensure their recovery, rehabilitation and reintegration into the mainstream of society.
It shall be a State policy to recognize the equal rights and inherent human dignity of women and men as
enshrined in the United Nations Universal Declaration on Human Rights, United Nations Convention on the
Rights of the Child, United Nations Convention on the Protection of Migrant Workers and their Families.
United Nations Convention Against Transnational Organized Crime Including its Protocol to Prevent, Suppress
and Punish Trafficking in Persons, Especially Women and Children and all other relevant and universally
accepted human rights instruments and other international conventions to which the Philippines is a
signatory.
Section 3. Definition of Terms. - As used in this Act:
(a) 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 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.
(b) 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.
(c) 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.
(d) 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.
(e) 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.
(f) 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.
(g) 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.
(h) 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.
(i) Council - shall mean the Inter-Agency Council Against Trafficking created under Section 20 of this
Act.
Section 4. Acts of Trafficking in Persons. - It shall be unlawful for any person, natural or juridical, to commit
any of the following acts:
(a) 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;

(b) 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;
(c) 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;
(d) 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;
(e) To maintain or hire a person to engage in prostitution or pornography;
(f) To adopt or facilitate the adoption of persons for the purpose of prostitution, pornography, sexual
exploitation, forced labor, slavery, involuntary servitude or debt bondage;
(g) 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
(h) To recruit, transport or adopt a child to engage in armed activities in the Philippines or abroad.
Section 5. Acts that Promote Trafficking in Persons. - The following acts which promote or facilitate trafficking
in persons, shall be unlawful:
(a) To knowingly lease or sublease, use or allow to be used any house, building or establishment for
the purpose of promoting trafficking in persons;
(b) 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;
(c) 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;
(d) 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;
(e) 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;

(f) 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
(g) 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.
Section 6. Qualified Trafficking in Persons. - The following are considered as qualified trafficking:
(a) When the trafficked person is a child;
(b) When the adoption is effected through Republic Act No. 8043, otherwise known as the "InterCountry Adoption Act of 1995" and said adoption is for the purpose of prostitution, pornography,
sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;
(c) 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;
(d) 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;
(e) When the trafficked person is recruited to engage in prostitution with any member of the military
or law enforcement agencies;
(f) When the offender is a member of the military or law enforcement agencies; and
(g) 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).
Section 6. Confidentiality. - At any stage of the investigation, prosecution and trial of an offense under this
Act, law enforcement officers, prosecutors, judges, court personnel and medical practitioners, as well as
parties to the case, shall recognize the right to privacy of the trafficked person and the accused. Towards this
end, law enforcement officers, prosecutors and judges to whom the complaint has been referred may,
whenever necessary to ensure a fair and impartial proceeding, and after considering all circumstances for the
best interest of the parties, order a closed-door investigation, prosecution or trial. The name and personal
circumstances of the trafficked person or of the accused, or any other information tending to establish their
identities and such circumstances or information shall not be disclosed to the public.
In cases when prosecution or trial is conducted behind closed-doors, it shall be unlawful for any editor,
publisher, and reporter or columnist in case of printed materials, announcer or producer in case of television
and radio, producer and director of a film in case of the movie industry, or any person utilizing tri-media
facilities or information technology to cause publicity of any case of trafficking in persons.
Section 8. Prosecution of Cases. - Any person who has personal knowledge of the commission of any offense
under this Act, the trafficked person, the parents, spouse, siblings, children or legal guardian may file a
complaint for trafficking.

Section 9. Venue. - A criminal action arising from violation of this Act shall be filed where the offense was
committed, or where any of its elements occurred, or where the trafficked person actually resides at the time
of the commission of the offense: Provided, That the court where the criminal action is first filed shall acquire
jurisdiction to the exclusion of other courts.
Section 10. Penalties and Sanctions. - 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 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.

Section 11. Use of Trafficked Persons. - 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).
Section 12. Prescriptive Period. - Trafficking cases under this Act shall prescribe in ten (10) years: Provided,
however, That trafficking cases committed by a syndicate or in a large scale as defined under Section 6 shall
prescribe in twenty (20) years.
The prescriptive period shall commence to run from the day on which the trafficked person is delivered or
released from the conditions of bondage and shall be interrupted by the filing of the complaint or
information and shall commence to run again when such proceedings terminate without the accused being
convicted or acquitted or are unjustifiably stopped for any reason not imputable to the accused.
Section 13. Exemption from Filing Fees. - When the trafficked person institutes a separate civil action for the
recovery of civil damages, he/she shall be exempt from the payment of filing fees.
Section 14. Confiscation and Forfeiture of the Proceeds and Instruments Derived from Trafficking in Persons. In addition to the penalty imposed for the violation of this Act, the court shall order the confiscation and
forfeiture, in favor of the government, of all the proceeds and properties derived from the commission of the
crime, unless they are the property of a third person not liable for the unlawful act; Provided, however, That
all awards for damages shall be taken from the personal and separate properties of the offender; Provided,
further, That if such properties are insufficient, the balance shall be taken from the confiscated and forfeited
properties.
When the proceeds, properties and instruments of the offense have been destroyed, diminished in value or
otherwise rendered worthless by any act or omission, directly or indirectly, of the offender, or it has been
concealed, removed, converted or transferred to prevent the same from being found or to avoid forfeiture or
confiscation, the offender shall be ordered to pay the amount equal to the value of the proceeds, property or
instruments of the offense.
Section 15. Trust Fund. - All fines imposed under this Act and the proceeds and properties forfeited and
confiscated pursuant to Section 14 hereof shall accrue to a Trust Fund to be administered and managed by
the Council to be used exclusively for programs that will prevent acts of trafficking and protect, rehabilitate,
reintegrate trafficked persons into the mainstream of society. Such programs shall include, but not limited to,
the following:
(a) Provision for mandatory services set forth in Section 23 of this Act;
(b) Sponsorship of a national research program on trafficking and establishment of a data collection
system for monitoring and evaluation purposes;
(c) Provision of necessary technical and material support services to appropriate government
agencies and non-government organizations (NGOs);

(d) Sponsorship of conferences and seminars to provide venue for consensus building amongst the
public, the academe, government, NGOs and international organizations; and
(e) Promotion of information and education campaign on trafficking.
Section 16. Programs that Address Trafficking in Persons. - The government shall establish and implement
preventive, protective and rehabilitative programs for trafficked persons. For this purpose, the following
agencies are hereby mandated to implement the following programs;
(a) Department of Foreign Affairs (DFA) - shall make available its resources and facilities overseas for
trafficked persons regardless of their manner of entry to the receiving country, and explore means to
further enhance its assistance in eliminating trafficking activities through closer networking with
government agencies in the country and overseas, particularly in the formulation of policies and
implementation of relevant programs.
The DFA shall take necessary measures for the efficient implementation of the Machine Readable
Passports to protect the integrity of Philippine passports, visas and other travel documents to reduce
the incidence of trafficking through the use of fraudulent identification documents.
It shall establish and implement a pre-marriage, on-site and pre-departure counseling program on
intermarriages.
(b) Department of Social Welfare and Development (DSWD) - shall implement rehabilitative and
protective programs for trafficked persons. It shall provide counseling and temporary shelter to
trafficked persons and develop a system for accreditation among NGOs for purposes of establishing
centers and programs for intervention in various levels of the community.
(c) Department of Labor and Employment (DOLE) - shall ensure the strict implementation and
compliance with the rules and guidelines relative to the employment of persons locally and overseas.
It shall likewise monitor, document and report cases of trafficking in persons involving employers
and labor recruiters.
(d) Department of Justice (DOJ) - shall ensure the prosecution of persons accused of trafficking and
designate and train special prosecutors who shall handle and prosecute cases of trafficking. It shall
also establish a mechanism for free legal assistance for trafficked persons, in coordination with the
DSWD, Integrated Bar of the Philippines (IBP) and other NGOs and volunteer groups.
(e) National Commission on the Role of Filipino Women (NCRFW) - shall actively participate and
coordinate in the formulation and monitoring of policies addressing the issue of trafficking in persons
in coordination with relevant government agencies. It shall likewise advocate for the inclusion of the
issue of trafficking in persons in both its local and international advocacy for women's issues.
(f) Bureau of Immigration (BI) - shall strictly administer and enforce immigration and alien
administration laws. It shall adopt measures for the apprehension of suspected traffickers both at
the place of arrival and departure and shall ensure compliance by the Filipino fiancs/fiances and
spouses of foreign nationals with the guidance and counseling requirement as provided for in this
Act.

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

(b) Secretary, Department of Labor and Employment;

(c) Administrator, Philippine Overseas Employment Administration;
(d) Commissioner, Bureau of Immigration;
(e) Director-General, Philippine National Police;
(f) Chairperson, National Commission on the Role of Filipino Women; and
(g) Three (3) representatives from NGOs, who shall be composed of one (1) representative each from
among the sectors representing women, overseas Filipino workers (OFWs) and children, with a
proven record of involvement in the prevention and suppression of trafficking in persons. These
representatives shall be nominated by the government agency representatives of the Council, for
appointment by the President for a term of three (3) years.
The members of the Council may designate their permanent representatives who shall have a rank
not lower than an assistant secretary or its equivalent to meetings, and shall receive emoluments as
may be determined by the Council in accordance with existing budget and accounting, rules and
regulations.
Section 21. Functions of the Council. - The Council shall have the following powers and functions:
(a) Formulate a comprehensive and integrated program to prevent and suppress the trafficking in
persons;
(b) Promulgate rules and regulations as may be necessary for the effective implementation of this
Act;
(c) Monitor and oversee the strict implementation of this Act;
(d) Coordinate the programs and projects of the various member agencies to effectively address the
issues and problems attendant to trafficking in persons;
(e) Coordinate the conduct of massive information dissemination and campaign on the existence of
the law and the various issues and problems attendant to trafficking through the LGUs, concerned
agencies, and NGOs;
(f) Direct other agencies to immediately respond to the problems brought to their attention and
report to the Council on action taken;
(g) Assist in filing of cases against individuals, agencies, institutions or establishments that violate the
provisions of this Act;
(h) Formulate a program for the reintegration of trafficked persons in cooperation with DOLE, DSWD,
Technical Education and Skills Development Authority (TESDA), Commission on Higher Education
(CHED), LGUs and NGOs;

(i) Secure from any department, bureau, office, agency, or instrumentality of the government or
from NGOs and other civic organizations such assistance as may be needed to effectively implement
this Act;
(j) Complement the shared government information system for migration established under Republic
Act No. 8042, otherwise known as the "Migrant Workers and Overseas Filipinos Act of 1995" with
data on cases of trafficking in persons, and ensure that the proper agencies conduct a continuing
research and study on the patterns and scheme of trafficking in persons which shall form the basis
for policy formulation and program direction;
(k) Develop the mechanism to ensure the timely, coordinated, and effective response to cases of
trafficking in persons;
(l) Recommend measures to enhance cooperative efforts and mutual assistance among foreign
countries through bilateral and/or multilateral arrangements to prevent and suppress international
trafficking in persons;
(m) Coordinate with the Department of Transportation and Communications (DOTC), Department of
Trade and Industry (DTI), and other NGOs in monitoring the promotion of advertisement of
trafficking in the internet;
(n) Adopt measures and policies to protect the rights and needs of trafficked persons who are
foreign nationals in the Philippines;
(o) Initiate training programs in identifying and providing the necessary intervention or assistance to
trafficked persons; and
(p) Exercise all the powers and perform such other functions necessary to attain the purposes and
objectives of this Act.
Section 22. Secretariat to the Council. - The Department of Justice shall establish the necessary Secretariat for
the Council.
Section 23. Mandatory Services to Trafficked Persons. - To ensure recovery, rehabilitation and reintegration
into the mainstream of society, concerned government agencies shall make available the following services
to trafficked persons:
(a) Emergency shelter or appropriate housing;
(b) Counseling;
(c) Free legal services which shall include information about the victims' rights and the procedure for
filing complaints, claiming compensation and such other legal remedies available to them, in a
language understood by the trafficked person;
(d) Medical or psychological services;
(e) Livelihood and skills training; and

(f) Educational assistance to a trafficked child.

Sustained supervision and follow through mechanism that will track the progress of recovery, rehabilitation
and reintegration of the trafficked persons shall be adopted and carried out.
Section 24. Other Services for Trafficked Persons. (a) Legal Assistance. - Trafficked persons shall be considered under the category "Overseas Filipino in
Distress" and may avail of the legal assistance created by Republic Act No. 8042, subject to the
guidelines as provided by law.
(b) Overseas Filipino Resource Centers. - The services available to overseas Filipinos as provided for
by Republic Act No. 8042 shall also be extended to trafficked persons regardless of their immigration
status in the host country.
(c) The Country Team Approach. - The country team approach under Executive Order No. 74 of 1993,
shall be the operational scheme under which Philippine embassies abroad shall provide protection to
trafficked persons insofar as the promotion of their welfare, dignity and fundamental rights are
concerned.
Section 25. Repatriation of Trafficked Persons. - The DFA, in coordination with DOLE and other appropriate
agencies, shall have the primary responsibility for the repatriation of trafficked persons, regardless of
whether they are documented or undocumented.
If, however, the repatriation of the trafficked persons shall expose the victims to greater risks, the DFA shall
make representation with the host government for the extension of appropriate residency permits and
protection, as may be legally permissible in the host country.
Section 26. Extradition. - The DOJ, in consultation with DFA, shall endeavor to include offenses of trafficking
in persons among extraditable offenses.
Section 27. Reporting Requirements. - The Council shall submit to the President of the Philippines and to
Congress an annual report of the policies, programs and activities relative to the implementation of this Act.
Section 28. Funding. - The heads of the departments and agencies concerned shall immediately include in
their programs and issue such rules and regulations to implement the provisions of this Act, the funding of
which shall be included in the annual General Appropriations Act.
Section 29. Implementing Rules and Regulations. - The Council shall promulgate the necessary implementing
rules and regulations within sixty (60) days from the effectivity of this Act.
Section 30. Non-restriction of Freedom of Speech and of Association, Religion and the Right to Travel. Nothing in this Act shall be interpreted as a restriction of the freedom of speech and of association, religion
and the right to travel for purposes not contrary to law as guaranteed by the Constitution.
Section 31. Separability Clause. - If, for any reason, any section or provision of this Act is held
unconstitutional or invalid, the other sections or provisions hereof shall not be affected thereby.

Section 32. Repealing clause. - All laws, presidential decrees, executive orders and rules and regulations, or
parts thereof, inconsistent with the provisions of this Act are hereby repealed or modified
accordingly: Provided, That this Act shall not in any way amend or repeal the provision of Republic Act No.
7610, otherwise known as the "Special Protection of Children Against Child Abuse, Exploitation and
Discrimination Act".
Section 33. Effectivity. - This Act shall take effect fifteen (15) days from the date of its complete publication in
at least two (2) newspapers of general circulation.

Approved,
FRANKLIN DRILON
President of the Senate

JOSE DE VENECIA JR.

Speaker of the House of Representatives

This Act, which is a consolidation of Senate Bill No. 2444 and House Bill No. 4432 was finally passed by the
Senate and the House of Representatives on May 12, 2003 respectively.
OSCAR G. YABES
Secretary of Senate

ROBERTO P. NAZARENO
Secretary General
House of Represenatives

Approved: May 26, 2003.

GLORIA MACAPAGAL-ARROYO
President of the Philippines