Académique Documents
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Approved: June 24, 2006 B. Physical Violence acts that include bodily or
physical harm
In lieu of the death penalty, the following shall be
imposed (Section 2): C. Sexual violence includes, but is not limited to:
1. Rape, sexual harassment, acts of lasciviousness,
A. Reclusion Perpetua when the law violated makes treating a woman or her child as a sex object,
use of the nomenclature of the penalties of the making demeaning and sexually suggestive
Revised Penal Code. remarks, physically attacking the sexual parts of
B. Life imprisonment when the law violated does not the victim's body, forcing her/him to watch obscene
make use of the nomenclature of the penalties of the publications and indecent shows or forcing the
Revised Penal Code. woman or her child to do indecent acts and/or
make films thereof, forcing the wife and
Note: Person convicted of offenses punished with mistress/lover to live in the conjugal home or sleep
reclusion perpetua, or whose sentences will be reduced to together in the same room with the abuser;
reclusion perpetua shall not be eligible for parole under 2. Acts causing or attempting to cause the victim to
Act No. 4180 or Indeterminate Sentence Law (Section 3). engage in any sexual activity by force, threat of
force, physical or other harm or threat of physical or
other harm or coercion;
REPUBLIC ACT NO. 9262 3. Prostituting the woman or child.
ANTI-VIOLENCE AGAINST WOMEN
AND THEIR CHILDREN ACT OF 2004 D. Psychological violence acts or omissions causing
or likely to cause mental or emotional suffering of the
victim such as but not limited to:
AN ACT DEFINING VIOLENCE AGAINST WOMEN AND 1. Intimidation;
THEIR CHILDREN, PROVIDING FOR PROTECTIVE 2. Harassment;
MEASURES FOR VICTIMS, PRESCRIBING PENALTIES 3. Stalking;
THEREFORE, AND FOR OTHER PURPOSES 4. Damage to property;
Approved: March 8, 2004 5. Public ridicule or humiliation;
6. Repeated verbal abuse;
Definition of Terms (Section 3) 7. Mental infidelity;
A. Violence against women and their children any act 8.Causing or allowing the victim to witness the
or a series of acts committed by any person against a physical, sexual or psychological abuse of a
woman who is his: member of the family to which the victim belongs; or
1. Wife; 9. To witness pornography in any form;
2. Former wife; or 10. To witness abusive injury to pets; or
3. Against a woman with whom the person has or had 11. Unlawful or unwanted deprivation of the right to
a sexual or dating relationship; or custody and/or visitation of common children.
4. With whom he has a common child, or against her
child whether legitimate or illegitimate, within or
E. Economic abuse acts that make or attempt to make which the woman or her child has the right to engage
a woman financially dependent which includes, but is in, or attempting to restrict or restricting the woman's
not limited to the following: or her child's freedom of movement or conduct by
1. Withdrawal of financial support or preventing the force or threat of force, physical or other harm or threat
victim from engaging in any legitimate profession, of physical or other harm, or intimidation directed
occupation, business or activity, except in cases against the woman or child.
wherein the other spouse/ partner objects on valid,
serious and moral grounds as defined in Article 73 This shall include, but not be limited to, the following
of the Family Code; acts committed with the purpose or effect of
2. Deprivation or threat of deprivation of the use of controlling or restricting the woman's or her child's
financial resources and the right to the use and movement or conduct:
enjoyment of property owned in common; a.Threatening to deprive or actually depriving the
3. Destroying household property; woman or her child of custody to her/his family;
4. Controlling the victims own money or properties or b.Depriving or threatening to deprive the woman or
solely controlling the conjugal money or properties. her children of financial support legally due her or
her family, or deliberately providing the woman's
F. Battery act of inflicting physical harm upon the children insufficient financial support;
woman or her child resulting to the physical and c.Depriving or threatening to deprive the woman or
psychological or emotional distress. her child of a legal right;
d.Preventing the woman in engaging in any legitimate
G. Battered Woman Syndrome defined pattern of profession, occupation, business or activity or
psychological and behavioral symptoms found in controlling the victim's own money or properties, or
women living in battering relationships as a result of solely controlling the conjugal or common money,
cumulative abuse. or properties;
H. Dating relationship situation wherein the parties live 6. Inflicting or threatening to inflict physical harm on
as husband and wife without the benefit of marriage or oneself for the purpose of controlling her actions or
are romantically involved over time and on a decisions;
continuing basis during the course of the relationship. 7. Causing or attempting to cause the woman or her child
Note: A casual acquaintance or ordinary socialization to engage in any sexual activity which does not
between two individuals in a business or social context constitute rape, by force or threat of force, physical
is not a dating relationship. harm, or through intimidation directed against the
woman or her child or her/his immediate family;
I. Sexual relations refers to a single sexual act which 8. Engaging in purposeful, knowing, or reckless conduct,
may or may not result in the bearing of a common child. personally or through another that alarms or causes
substantial emotional or psychological distress to the
J. Children refers to those below 18 years of age or woman or her child.
older but are incapable of taking care of themselves as
defined under Republic Act No. 7610. The term This shall include, but not limited to the following acts:
includes the biological children of the victim and other a.Stalking or following the woman or her child in
children under her care. public or private places;
b.Peering in the window or lingering outside the
Acts Punishable (Section 5): (C-TAPA- ICE-C) residence of the woman or her child;
The crime of violence against women and their children is c.Entering or remaining in the dwelling or on the
committed through any of the following acts: property of the woman or her child against her/his
1. Causing physical harm to the woman or her child; will;
2. Threatening to cause the woman or her child physical d.Destroying the property and personal belongings or
harm; inflicting harm to animals or pets of the woman or
3. Attempting to cause the woman or her child physical her child; and
harm; e. Engaging in any form of harassment or violence;
4. Placing the woman or her child in fear of imminent
physical harm; 9. Causing mental or emotional anguish, public ridicule or
5. Attempting to compel or compelling the woman or her humiliation to the woman or her child, including, but
child to engage in conduct which the woman or her not limited to, repeated verbal and emotional abuse,
child has the right to desist from or desist from conduct and denial of financial support or custody of minor
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children of access to the woman's child/children. the residence of the parties to ensure that the
petitioner is safely restored to the possession of the
Prohibited Defense (Section 27) automobile and other essential personal effects, or to
Being under the influence of alcohol, any illicit drug, or any supervise the petitioner's or respondent's removal of
other mind-altering substance shall not be a defense personal belongings;
under this Act. 6. Granting a temporary or permanent custody of a
child/children to the petitioner;
Venue (Section 7) 7. Directing the respondent to provide support to the
The Regional Trial Court designated as a Family Court woman and/or her child if entitled to legal support.
shall have original and exclusive jurisdiction over
cases of violence against women and their children under Notwithstanding other laws to the contrary, the court
this law. shall order an appropriate percentage of the income or
salary of the respondent to be withheld regularly by the
In the absence of such court in the place where the respondent's employer for the same to be
offense was committed, the case shall be filed in the automatically remitted directly to the woman. Failure to
Regional Trial Court where the crime or any of its remit and/or withhold or any delay in the remittance of
elements was committed at the option of the complainant. support to the woman and/or her child without
justifiable cause shall render the respondent or his
Protection Orders (Section 8) employer liable for indirect contempt of court;
Issued for the purpose of preventing further acts of
violence against a woman or her child and other 8. Prohibition of the respondent from any use or
necessary relief. possession of any firearm or deadly weapon and order
him to surrender the same to the court for appropriate
The relief granted under a protection order serve the disposition by the court, including revocation of license
purpose of safeguarding the victim from further harm, and disqualification to apply for any license to use or
minimizing any disruption in the victim's daily life, and possess a firearm.
facilitating the opportunity and ability of the victim to
independently regain control over her life. If the offender is a law enforcement agent, the court
shall order the offender to surrender his firearm and
Other reliefs granted through a protection order: shall direct the appropriate authority to investigate on
1. Prohibition of the respondent from threatening to the offender and take appropriate action on matter;
commit or committing, personally or through another,
any of the acts mentioned in Section 5 of this Act; 9. Restitution for actual damages including, but not limited
2. Prohibition of the respondent from harassing, annoying, to, property damage, medical expenses, childcare
telephoning, contacting or otherwise communicating expenses and loss of income;
with the petitioner, directly or indirectly; 10.Directing the DSWD or any appropriate agency to
3. Removal and exclusion of the respondent from the provide petitioners need; and
residence of the petitioner, regardless of ownership of 11. Provision of such other forms of relief as the court
the residence, either temporarily or permanently where deems necessary, provided petitioner and any
no property rights are violated. designated family or household member consents to
such relief.
If respondent must remove personal effects from the
residence, the court shall direct a law enforcement Any of the reliefs provided under this section shall be
agent to escort respondent; granted even in the absence of a decree of legal
separation or annulment or declaration of absolute nullity
4. Directing the respondent to stay away from petitioner of marriage.
and designated family or household member at a
distance specified by the court, and to stay away from Who May File Petition for Protection Orders (Section
the residence, school, place of employment, or any 9): (O-PAO-PPLA)
specified place frequented by the petitioner and any 1. Offended party;
designated family or household member; 2. Parents or guardians of the offended party;
5. Directing lawful possession and use by petitioner of an 3. Ascendants, descendants or collateral relatives within
automobile and other essential personal effects, the fourth civil degree of consanguinity or affinity;
regardless of ownership, and directing the appropriate 4. Officers or social workers of the DSWD or social
law enforcement officer to accompany the petitioner to workers of LGUs;
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If the applicant is not the victim, the application must be If respondent appears without counsel: the court shall
accompanied by an affidavit of the applicant attesting to: appoint a lawyer for the respondent and proceed with
a. The circumstances of the abuse suffered by the victim; the hearing.
and
b. The circumstances of consent given by the victim for General Rule: The hearing for the issuance of the PPO
the filing of the application. shall only be conducted in only one day.
When disclosure of the address of the victim will pose Where the court is unable to conduct the hearing within
danger to her life, it shall be so stated in the application. In one day and the TPO is due to expire, the court shall
such case, the applicant shall: continuously extend the TPO for a period of 30 days at
a. Attest that the victim is residing in the municipality or each particular time until final judgment is issued.
city over which court has territorial jurisdiction; and
b. Shall provide a mailing address for the purpose of The extended or renewed TPO may be modified by the
service processing. (Section 11) court as may be necessary or applicable to address the
needs of the applicant.
Kinds of Protection Order:
1. Barangay Protection Order (BPO) (Section 14) Effectivity of PPO:
issued by a punong barangay to the applicant on the PPO shall be effective until revoked by the court upon
date of filing after ex parte determination of the basis application of the person in whose favor it was issued.
of the application.
The court shall not deny the issuance of protection order
In the absence of punong barangay, any available on the basis of the lapse of time between the act of
barangay kagawad may act on the application. In such violence and the filing of the application.
case, the order must be accompanied by an attestation
that the punong barangay was unavailable at the time Regardless of the conviction or acquittal of the
of the issuance of the BPO. respondent, the Court must determine whether or not the
PPO shall become final. Even in a dismissal, a PPO shall
BPOs shall be effective for 15 days. be granted as long as there is no clear showing that the
act from which the order might arise did not exist.
The parties may be accompanied by a non-lawyer
advocate in any proceeding before the punong General Rule: TPO and PPO are filed in the family court
barangay. at the place of residence of the petitioner (Section 10).
2. Temporary Protection Order (TPO) (Section 15) Exception: In the absence of a family court, with the
issued by a court of competent jurisdiction after ex RTC, MeTC, MTC or MCTC with territorial jurisdiction over
parte determination that such should be issued. the place of residence of the petitioner.
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Applicability of Protection Orders to Criminal Cases Those who are found by the courts to be suffering from
(Section 22) Battered Woman Syndrome do not incur any criminal and
The provisions on protection orders shall be applicable in civil liability notwithstanding the absence of any of the
impliedly instituted with the criminal actions involving elements for justifying circumstances of self-defense
violence against women and their children. under the RPC.
Prescriptive Period (Section 24) The courts shall be assisted by expert psychiatrists/
The following acts prescribe in 20 years: (C-TAPAI) psychologists in determining the state of mind of the
1. Causing physical harm to the woman or her child; woman suffering from Battered Woman Syndrome at the
2. Threatening to cause the woman or her child physical time of the commission of the crime.
harm;
3. Attempting to cause the woman or her child physical Custody of children, given to the woman victim
harm; (Section 28)
4. Placing the woman or her child in fear of imminent The woman victim of violence shall be entitled to the
physical harm; custody and support of her child/children. Children below
5. Attempting to compel or compelling the woman or her seven (7) years old older but with mental or physical
child to engage in conduct which the woman or her child disabilities shall automatically be given to the mother, with
has the right to desist from or desist from conduct which right to support, unless the court finds compelling reasons
the woman or her child has the right to engage in, or to order otherwise.
attempting to restrict or restricting the woman's or her
child's freedom of movement or conduct by force or A victim who is suffering from Battered Woman Syndrome
threat of force, physical or other harm or threat of shall not be disqualified from having custody of her
physical or other harm, or intimidation directed against children. In no case shall custody of minor children be
the woman or child. given to the perpetrator of a woman who is suffering from
6. Inflicting or threatening to inflict physical harm on Battered Woman Syndrome.
oneself for the purpose of controlling her actions or
decisions; Persons Intervening Exempt from Liability (Section
34)
The following acts prescribe in 10 years: (CEC) In every case of violence against women and their
1. Causing or attempting to cause the woman or her child children, any person, police authority or barangay official
to engage in any sexual activity which does not shall not be liable for any criminal, civil or administrative
constitute rape, by force or threat of force, physical liability resulting therefrom provided that such person,
harm, or through intimidation directed against the police authority or official:
woman or her child or her/his immediate family; 1. Was acting in accordance with law;
2. Engaging in purposeful, knowing, or reckless conduct, 2. Responds or intervenes; or
personally or through another that alarms or causes 3. Without using violence or restraint greater than
substantial emotional or psychological distress to the necessary to ensure the safety of the victim.
woman or her child.
3. Causing mental or emotional anguish, public ridicule or Any victim under this act shall be entitled to the
humiliation to the woman or her child, including, but not following damages (Section 36) (MAC)
limited to, repeated verbal and emotional abuse, and 1. Moral
denial of financial support or custody of minor children 2. Actual
of access to the woman's child/children. 3. Compensatory
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leaves under the Labor Code and Civil Service Rules and guardian or basic services needed for a good quality of
Regulations, extendible when the necessity arises as life;
specified in the protection order. 4. Being a member of a indigenous cultural community
and/or living under conditions of extreme poverty or in
Confidentiality of Records in VAWC Cases (Section an area which is underdeveloped and/or lacks or has
44) inadequate access to basic services needed for a
All records pertaining to cases of violence against women good quality of life;
and their children including those in the barangay shall be 5. Being a victim of a man-made or natural disaster or
confidential and all public officers and employees and calamity; or
public or private clinics to hospitals shall respect the right 6. Other analogous circumstances which endanger the
to privacy of the victim. life, safety or normal development of children.
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d. Threatening or using violence towards a child to Obscene Publications and Indecent Shows
engage him as a prostitute. (Section 9) Any person who shall hire, employ, use,
e. Giving monetary consideration, goods or other persuade, induce or coerce a child to perform in obscene
pecuniary benefit to a child with the intent to exhibitions and indecent shows, whether live or in video,
engage such child in prostitution; or model in obscene publications or pornographic
2. Those who commit the act of sexual intercourse or materials or to sell or distribute the said materials.
lascivious conduct with a child exploited in prostitution
or subjected to other sexual abuse; Other Acts of Abuse (Section 10)
3. Those who derive profit on advantage therefrom, 1. Any person who shall commit any other acts of child
whether as manager or owner of the establishment abuse, cruelty or exploitation or to be responsible for
where the prostitution takes place or of the sauna, other conditions prejudicial to the child's development.
disco, bar, resort, place of entertainment or 2. Any person who shall keep or have in his company a
establishment serving as a cover or which engages in minor, twelve (12) years or under or who in ten (10)
prostitution in addition to activity for which the license years or more his junior in any public or private place,
has been issued to said establishment. hotel, motel, beer joint, discotheque, cabaret, pension
house, sauna or massage parlor, beach and/or other
Attempt to Commit Child Prostitution (Section 6) tourist resort or similar.
Persons Liable: Provided, that this provision shall not apply to any
1. Any person, who not being a relative of a child, is found person who is related within the fourth degree of
alone with the said child inside the room or cubicle of a consanguinity or affinity or any bond recognized by
house, an inn, hotel, motel, pension house, apartelle or law, local custom and tradition or acts in the
other similar establishments, vessel, vehicle or any performance of a social, moral or legal duty.
other hidden or secluded area under circumstances 3. Any person who shall induce, deliver or offer a minor to
which would lead a reasonable person to believe that any one prohibited by this Act to keep or have in his
the child is about to be exploited in prostitution and company a minor as provided in the preceding
other sexual abuse; paragraph.
2. Any person is receiving services from a child in a sauna 4. Any person, owner, manager or one entrusted with the
parlor or bath, massage clinic, health club and other operation of any public or private place of
similar establishments. accommodation, whether for occupancy, food, drink or
otherwise, including residential places, who allows any
Child Trafficking (Section 7) person to take along with him to such place or places
Any person who shall engage in trading and dealing with any minor herein described.
children including, but not limited to, the act of buying and 5. Any person who shall use, coerce, force or intimidate a
selling of a child for money, or for any other consideration, street child or any other child to:
or barter. a. Beg or use begging as a means of living;
b. Act as conduit or middlemen in drug trafficking or
Attempt to Commit Child Trafficking (Section 8) - pushing; or
There is an attempt to commit child trafficking: c. Conduct any illegal activities.
1. When a child travels alone to a foreign country without
valid reason therefor and without clearance issued by Sanctions for Establishments or Enterprises (Section
the Department of Social Welfare and Development or 11)
written permit or justification from the child's parents or 1. All establishments and enterprises which promote or
legal guardian; facilitate child prostitution and other sexual abuse,
2. When a person, agency, establishment or child-caring child trafficking, obscene publications and indecent
institution recruits women or couples to bear children shows, and other acts of abuse shall be immediately
for the purpose of child trafficking; or closed and their authority or license to operate
3. When a doctor, hospital or clinic official or employee, cancelled, without prejudice to the owner or manager
nurse, midwife, local civil registrar or any other person thereof being prosecuted under this Act and/or the
simulates birth for the purpose of child trafficking; or Revised Penal Code, as amended, or special laws.
4. When a person engages in the act of finding children 2. An establishment shall be deemed to promote or
among low-income families, hospitals, clinics, facilitate child prostitution and other sexual abuse,
nurseries, day-care centers, or other child-during child trafficking, obscene publications and indecent
institutions who can be offered for the purpose of child shows, and other acts of abuse if the acts constituting
trafficking. the same occur in the premises of said establishment
under this Act or in violation of the Revised Penal
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Code, as amended. An enterprise such as a sauna, b. When a child's employment or participation in public &
travel agency, or recruitment agency which: promotes entertainment or information through cinema, theater,
the aforementioned acts as part of a tour for foreign radio or television is essential provided that
tourists; exhibits children in a lewd or indecent show; i. Employment contract concluded by the child's parent
provides child masseurs for adults of the same or or guardian, with the express agreement of the child
opposite sex and said services include any lascivious concerned, if possible, and the approval of the
conduct with the customers; or solicits children or DOLE and the following requisites are met:
activities constituting the aforementioned acts shall be ii. the employer shall ensure the protection, health,
deemed to have committed the acts penalized herein. safety and morals of the child;
iii. the employer shall institute measures to prevent the
Employment of Children (Section 12) - Children below child's exploitation or discrimination taking into
15 years of age shall not be employed except: account the system and level of remuneration, and
1. Child works directly under the sole responsibility of the duration and arrangement of working time; and
his/her parents or legal guardian and where only iv. the employer shall formulate and implement, subject
members of his/her family are employed: provided, to the approval and supervision of competent
however, that his/her employment neither endangers authorities, a continuing program for training and
his/her life, safety, health and morals, nor impairs skill acquisition of the child.
his/her normal development: provided further that the v.Employment does not involve commercials or
parent or legal guardian shall provide the said minor advertisements promoting alcoholic beverages,
child with the prescribed primary and/or secondary intoxicating drinks, tobacco and its byproducts and
education. violence (Section 14).
2. Childs employment or participation in public
entertainment or information through cinema, theater, Hours of Work of a Working Child (Section 12-A)
radio or television is essential: provided that Age Provision
employment contract is concluded by the childs Below 15 May be allowed to work for not more
parents or legal guardian, with the express agreement years of than 20 hours a week: provided that
of the child concerned, if possible, and the approval of age the work shall not be more than 4
the Department of Labor and Employment: provided hours at any given day
further that the following requirements in all instances
are strictly complied with: (PMP) Not allowed to work between 8:00
a. Employer shall ensure the protection, health, safety, PM and 6:00 AM of the following day
morals and normal development of the child; 15 years of Not allowed to work for more than 8
b. Employer institute measures to prevent the childs age but hours a day and in no case beyond
exploitation or discrimination taking into account below 18 40 hours a week
system and level of remuneration and the duration
and arrangement of working time; Not allowed to work between 10:00
c. Employer shall formulate and implement, subject to PM and 6:00 AM the following day
the approval and supervision of competent
authorities, a continuing program for training and Worst Forms of Child Labor (Section 12-D) (SHIP)
skills acquisition of the child. 1. All forms of slavery or practices similar to slavery;
2. Use, procuring or offering of a child for prostitution, for
General Rule: No child below 15 shall be employed. the production of pornography or for pornographic
performances;
Exceptions: 3. Use, procuring or offering of a child for illegal or illicit
a. When a child works directly under the sole activities;
responsibility of his parents or legal guardian and 4. Work which, by its nature or circumstances in which it is
where only members of the employer's family, carried out, is hazardous or likely to be harmful to the
provided that health, safety or morals of children, such that it:
i. Employment does not endanger childs life, safety a. Debases, degrades or demeans the intrinsic worth
and health and morals, nor impairs his normal and dignity of a child as a human being; or
development; b. Exposes the child to physical, emotional or sexual
ii. Parent or legal guardian shall provide the said minor abuse, or is found to be highly stressful
child with the prescribed primary and/or secondary psychologically or may prejudice morals; or
education; c.Performed underground, underwater or at dangerous
heights; or
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d.Involves the use of dangerous machinery, equipment widespread and extraordinary fear and panic among
and tools; or the populace;
e. Exposes the child to physical danger or which 2. The act was committed in order to coerce the
requires the manual transport of heavy loads; or government to give in to an unlawful demand.
f. Performed in an unhealthy environment exposing the
child to hazardous working conditions, elements, Note: The benefit of Parole under the Indeterminate
substances, co-agents or processes involving Sentence Law (Act. No. 4103) is not applicable to
ionizing, radiation, fire, flammable substances, persons convicted under this Act.
noxious components and the like, or to extreme
temperatures, noise levels or vibrations; or Who may be liable:
g. Performed under particularly difficult conditions; or Description Penalty
h. Exposes the child to biological agents; or Conspirator Two or more 40 years
i. Involves the manufacture or handling of explosives (Section 4) persons come imprisonment
and other pyrotechnic products. to an
agreement
REPUBLIC ACT NO. 9372 concerning the
commission of
HUMAN SECURITY ACT OF 2007 the crime of
terrorism and
AN ACT TO SECURE AND PROTECT OUR PEOPLE decide to
FROM TERRORISM commit the
same.
Approved: March 9, 2007 Accomplice Any person 17 years, 4
(Section 5) who, not being months, 1 day
The crime of terrorism is committed by any person who a principal or a to 20 years
engages in any of the following acts punishable under conspirator, imprisonment
RPC and other special laws: cooperates in
the execution of
Under the RPC (PRC-MaKaDa) either the crime
1. Piracy in general and Mutiny in the high seas or in the of terrorism or
Philippine waters (Art. 122); conspiracy to
2. Rebellion or Insurrection (Art. 134); commit
3. Coup detat including acts committed by private terrorism by
persons (Art. 134-a); previous or
4. Murder (Art. 248); simultaneous
5. Kidnapping and Serious Illegal Detention (Art. 267); acts.
6. Crimes involving destruction (Art. 324). Accessory Any person 10 years and 1
(Section 6) who, having day to 12 years
knowledge of imprisonment
Under Special Laws (ATAHAF) the commission
1. Arson (PD No. 1613); of the crime of
2. Toxic substances and Hazardous and Nuclear Waste terrorism or
Control Act of 1990 (RA No. 6969); conspiracy to
3. Atomic Energy Regulatory and Liability Act of 1968 (RA commit
No. 5207); terrorism, and
4. Anti-Hijacking Law (RA No. 6235); without having
5. Anti-Piracy and Anti-Highway Robbery Law of 1974 participated
(PD No. 532); therein, takes
6. Decree Codifying the Laws on Illegal and Unlawful part subsequent
Possession, Manufacture, Dealing in, Acquisition or to its
Disposition of Firearms, Ammunitions or Explosives commission in
(PD No. 1866). any of the
following
PROVIDED that the following requisites are present: manner:
1. The act committed sows and creates a condition of
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Disposition of Deposited Materials (Section 13) Illegal associations (Article 147, RPC)
The sealed envelope or package and the contents thereof These are associations totally or partially organized for the
shall be deemed classified information and the same shall purpose of committing any of the crimes punishable under
not be opened and its contents shall not be divulged or this Code or for some purpose contrary to public morals.
used as evidence UNLESS authorized by written order of
the authorizing CA division.
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Provided that within 3 days after detention, suspects 4. Right to be informed of the cause of his detention in the
whose connection with the terror attack or threat is not presence of his legal counsel;
established, shall be released immediately. 5. Allowed to communicate freely with his counsel;
If the arrest is made during Saturdays, Sundays, 6. Allowed to communicate freely and privately with the
Holidays or after office hours, the police or law members of his family or with his nearest relatives and
enforcement personnel shall bring the arrested person to be visited by them;
to the residence of any of the officials mentioned 7. Allowed freely to avail of the service of a physician of
above that is nearest the place where the accused choice.
was arrested.
Restriction on Travel (Section 26)
Special Cases Requisites
Where the arrest resulted from: 1. Evidence of guilt is not strong;
1. Surveillance or interception of communication; OR 2. Person charged with the crime of terrorism or
2. Examination of bank deposits. conspiracy to commit terrorism is entitled to bail and is
granted the same;
Before detaining the person suspected of the crime of 3. Application by the prosecutor to the court to limit the
terrorism or conspiracy to commit terrorism, the arresting right of travel of the accused.
officer shall present him/her before any judge at the
latters residence or office nearest the place where the Limitation to the right of travel of the accused
arrest took place at any time of the day or night. The 1. Within the municipality or city where he resides or
following shall be the duties of the judge in such case: where the case is pending: travel outside of said
1. Ascertain the identity of the police or law enforcement municipality or city, without the authorization of the
personnel and the person arrested; court, shall be deemed a violation of the terms and
2. Inquire on the reason for the arrest; conditions of his bail, which shall be then forfeited as
3. Determine whether or not the person arrested has been provided under the rules of court.
subjected to any physical, moral or psychological 2. House arrest at the usual place of residence of the
torture, by whom and why; accused: accused may not use telephones,
4. Submit a written report of his/her observations within 3 cellphones, e-mails, computers, the internet or other
calendar days from the time the suspect was brought means of communications with people outside the
before him. residence until otherwise ordered by the court.
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accounts and records may be procured from the justices In case of death or disability of the original applicant
of CA designated to handle anti-terrorism cases after the one next in rank to the original applicant among the
satisfying themselves of the existence of probable cause members of his team shall file the application for
in hearing for that purpose that: extension.
1. A person charged with or suspected of the crime of
terrorism or, conspiracy to commit terrorism; The applicant shall have 30 days after the termination of
2. Of a judicially declared and outlawed terrorist the period granted by the CA within which to file the
organization, association, or group of persons; and appropriate case before the Public Prosecutors Office for
3. Of a member of such judicially declared and outlawed any violation of this Act.
organization, association, or group of persons, may
authorize in writing any police or law enforcement If no case is filed within the said period, the applicant shall
officer and the members of his/her team duly immediately notify in writing the person subject of bank
authorized in writing by the anti-terrorism council to: examination and freezing of accounts.
a. Examine, or cause the examination of, the deposits,
placements, trust accounts, assets and records in a Custody of Bank Data and Information (Section 31)
bank or financial institution; and All information, summaries and other documents obtained
b. Gather or cause the gathering of any relevant from the examination of bank deposits shall within 48
information about such deposits, placements, trust hours after the expiration of the period fixed in the written
accounts, assets, and records from a bank or order be deposited with the authorizing division of CA in a
financial institution. sealed envelope or package and shall be accompanied by
a joint affidavit of the applicant police or law enforcement
Note: The bank or financial institution concerned, shall official and the persons who actually conducted the
not refuse to allow such examination or to provide the examination of said bank deposits, placements, trust
desired information, when so, ordered by and served with accounts, assets and records.
the written order of the Court of Appeals.
Disposition of Bank Materials (Section 33)
The sealed envelope or package shall not be opened and
Requisites for application to examine bank deposits its contents shall not be used as evidence unless
(Section 28): authorized in a written order of the authorizing division of
1. Ex parte application to the CA by the police or law CA.
enforcement official;
2. The police or law enforcement official must be Requisites in applying for judicial authorization to
authorized in writing by the Anti-Terrorism Council to open the sealed envelope containing records of bank
file such application; account:
3. Examination under oath or affirmation of the applicant 1. Written application of DOJ filed before the authorizing
and the witnesses he may produce to establish the division of CA;
facts that will justify the need and urgency of 2. Authorization in writing by the Anti-terrorism Council to
examining and freezing the bank deposits, file such application;
placements, trust accounts, assets and records. 3. Notice in writing to the party concerned not later than 3
days before the scheduled opening;
Effective period of court authorization to examine and 4. The application and notice must clearly state the reason
obtain information on bank deposits, accounts and for opening or using the information.
records (Section 30) time specified in the written order,
which shall not exceed 30 days from the date of the Evidentiary Value of Deposited Bank Materials
receipt of the written order by the applicant police. (Section 35)
Any information secured in violation of this act shall not be
It may be extended for another period which shall not admissible as evidence in any judicial, quasi-judicial,
exceed 30 days from the expiration of the original period, legislative, or administrative investigation, inquiry,
provided: proceeding, or hearing.
1. The authorizing division of the CA is satisfied that such
extension is in the public interest; Seizure and Sequestration (Section 39)
2.The application for extension or renewal must have The said accounts shall be seized, sequestered, and
been authorized in writing by the Anti-Terrorism Council; frozen in order to prevent their use or transfer for
3. Such must be filed by the original applicant. purposes that are inimical to the safety and security of the
people or injurious to the state.
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It is a scheme whereby the proceeds of an illegal activity proceedings after serving the
are transacted and made to appear to have originated penalties prescribed
from legitimate sources. laundering Offender is a public
Covered Institutions (Section 3a) transaction official/employee: in addition
1. All those supervised and regulated by BSP; against any to the penalties prescribed,
2. All those supervised and regulated by the SEC; person. perpetual or temporary
3. All those supervised and regulated by the Insurance absolute disqualification from
Commission. office
3-8 years imprisonment and
Money laundering is committed by (Section 4): fine of not less than
1. Any person knowing that a monetary instrument is P500,000.00 but more than
related to the proceeds of an unlawful activity, enters P1,000,000.00
or attempts to enter into a transaction using the said
monetary instrument; Breach of Note: In the case of a breach
2. Any person knowing that a monetary instrument confidentiality of confidentiality that is
involves the proceeds of an unlawful activity, performs (Section 9c) published or reported by
or fails to perform any act as a result of which he media, the responsible
facilitates the offence of money laundering; reporter, writer, president,
3. Any person knowing that a monetary instrument is publisher, manager and editor-
required under the AMLA to be disclosed and filed with in-chief shall be liable under
the Anti-Money Laundering Council, fails to do so. this Act.
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Approved: January 16, 1981 The fact that the offender is not criminally liable as
accessory under Article 20 of the RPC does not absolve
Acts Punishable (Section 1) him from liability for his acts punishable under PD 1829.
1. Preventing witnesses from testifying in any criminal
proceeding or from reporting the commission of any Note: If any of the foregoing acts are committed by a
offense or the identity of any offender/s by means of public official or employee, he shall, in addition to the
bribery, misrepresentation, deceit, intimidation, force or penalties provided thereunder, suffer perpetual
threats; disqualification from holding public office. (Section 2)
2. Altering, destroying, suppressing or concealing any
paper, record, document or object, with intent to impair
its verity, authenticity, legibility, availability, or REPUBLIC ACT NO. 1379
admissibility as evidence in any investigation of or
official proceedings in, criminal cases, or to be used in
AN ACT DECLARING FORFEITURE IN
the investigation of, or official proceedings in, criminal FAVOR OF THE STATE ANY
cases; PROPERTY FOUND TO HAVE BEEN
3. Harboring or concealing, or facilitating the escape of, UNLAWFULLY ACQUIRED BY ANY
any person he knows, or has reasonable ground to
believe or suspect, has committed any offense under PUBLIC OFFICER OR EMPLOYEE AND
PROVIDING FOR THE PROCEEDINGS
THEREFOR.
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person, or the giving or receiving of payments or benefits value of the services as reasonably assessed is not
to achieve the consent of a person having control over applied toward the liquidation of the debt.
another person for the purpose of exploitation which
includes at a minimum, the exploitation or the prostitution Pornography
of others or other forms of sexual exploitation, forced labor It refers to any representation, through publication,
or services, slavery, servitude or the removal or sale of exhibition, cinematography, indecent shows, information
organs. technology, or by whatever means, of a person engaged
in real or simulated explicit sexual activities or any
The recruitment, transportation, transfer, harboring or representation of the sexual parts of a person for primarily
receipt of a child for the purpose of exploitation shall also sexual purposes.
be considered as "trafficking in persons" even if it does
not involve any of the means set forth in the preceding Acts Punishable
paragraph. 1. Acts of trafficking in persons (Section 4):
a. To recruit, transport, transfer, harbor, provide, or
Child receive a person by any means, including those
It refers to a person below eighteen (18) years of age or done under the pretext of domestic or overseas
one who is over eighteen (18) but is unable to fully take employment or training or apprenticeship, for the
care of or protect himself/herself from abuse, neglect, purpose of prostitution, pornography, sexual
cruelty, exploitation, or discrimination because of a exploitation, forced labor, slavery, involuntary
physical or mental disability or condition. servitude or debt bondage;
b. To introduce or match for money, profit, or material,
Prostitution economic or other consideration, any person or, as
It refers to any act, transaction, scheme or design provided for under Republic Act No. 6955, any
involving the use of a person by another, for sexual Filipino woman to a foreign national, for marriage for
intercourse or lascivious conduct in exchange for money, the purpose of acquiring, buying, offering, selling or
profit or any other consideration. trading him/her to engage in prostitution,
pornography, sexual exploitation, forced labor,
Forced Labor and Slavery slavery, involuntary servitude or debt bondage;
It is refer to the extraction of work or services from any c. To offer or contract marriage, real or simulated, for
person by means of enticement, violence, intimidation or the purpose of acquiring, buying, offering, selling, or
threat, use of force or coercion, including deprivation of trading them to engage in prostitution, pornography,
freedom, abuse of authority or moral ascendancy, debt- sexual exploitation, forced labor or slavery,
bondage or deception. involuntary servitude or debt bondage;
d. To undertake or organize tours and travel plans
Sex Tourism consisting of tourism packages or activities for the
It refers to a program organized by travel and tourism- purpose of utilizing and offering persons for
related establishments and individuals which consists of prostitution, pornography or sexual exploitation;
tourism packages or activities utilizing and offering escort e. To maintain or hire a person to engage in prostitution
and sexual services as enticement for tourists. This or pornography;
includes sexual services and practices offered during rest f. To adopt or facilitate the adoption of persons for the
and recreation periods for members of the military. purpose of prostitution, pornography, sexual
exploitation, forced-labor, slavery, involuntary
Sexual Exploitation servitude or debt bondage;
It refers to participation by a person in prostitution or the g. To recruit, hire, adopt, transport or abduct a person,
production of pornographic materials as a result of being by means of threat or use of force, fraud, deceit,
subjected to a threat, deception, coercion, abduction, violence, coercion, or intimidation for the purpose of
force, abuse of authority, debt bondage, fraud or through removal or sale of organs of said person;
abuse of a victim's vulnerability. h. To recruit, transport or adopt a child to engage in
armed activities in the Philippines or abroad.
Debt Bondage
It refers to the pledging by the debtor of his/her personal 2. Acts that promote trafficking in persons (Section 5):
services or labor or those of a person under his/her a. To knowingly lease or sublease, use or allow to be
control as security or payment for a debt, when the length used any house, building or establishment for the
and nature of services is not clearly defined or when the purpose of promoting trafficking in persons;
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b. To produce, print and issue or distribute unissued, e. Trafficked person is recruited to engage in
tampered of fake counseling certificates, registration prostitution with any member of the military or law
stickers and certificates of any government agency enforcement agencies;
which issues these certificates and stickers as proof f. Offender is a member of the military or law
of compliance with government regulatory and pre- enforcement agencies; and
departure requirement for the purpose of promoting g. Act of trafficking in persons, by reason or on
trafficking in persons; occasion, the offended party dies, becomes insane,
c. To advertise, publish, print, broadcast or distribute, or suffers mutilation or is afflicted with Human
cause the advertisement, publication, printing, Immunodeficiency Virus (HIV) or the Acquired
broadcasting or distribution by any moans, including Immune Deficiency Syndrome (AIDS).
the use of information technology and the internet, of
any brochure, flyer, or any propaganda material that 4. To buy or engage the services of trafficked persons for
promotes trafficking in persons; prostitutions (Section 11).
d. To assist in the conduct of misrepresentation or fraud
for purposes of facilitating the acquisition of Who May File Complaint for Trafficking (Section 8):
clearances and necessary exit documents from (CAT-PLSS)
government agencies that are mandated to provide 1. Children;
pre-departure registration and services for departing 2. Any person who has personal knowledge of the
persons for the purpose of promoting trafficking in commission of any offense under this Act;
persons; 3. Trafficked person;
e. To facilitate, assist or help in the exit and entry of 4. Parents;
persons from/to the country at international and local 5. Legal guardian;
airports, territorial boundaries and seaports who are 6. Spouse;
in possession of unissued, tampered or fraudulent 7. Siblings;
travel documents for he purpose of promoting
trafficking in persons; Prescriptive Period (Section 12) 10 years
f. To confiscate, conceal, or destroy the passport, travel If committed by a syndicate or in a large scale 20 years
documents, or personal documents or belongings of
trafficked persons in furtherance of trafficking or to The period shall commence to run from the day on which
prevent them from leaving the country or seeking the trafficked person is delivered or released from the
redress from the government or appropriate conditions of bondage and shall be interrupted by the filing
agencies; and of the complaint or information and shall commence to run
g. To knowingly benefit from, financial or otherwise, or again when such proceedings terminate without the
make use of, the labor or services of a person held accused being convicted or acquitted or are unjustifiably
to a condition of involuntary servitude, forced labor, stopped for any reason not imputable to the accused.
or slavery.
Legal Protection to Trafficked Persons (Section 17)
3. Qualified trafficking in persons (Section 6): Trafficked persons shall be recognized as victims of the
a. Trafficked person is a child; act or acts of trafficking and as such shall not be
b. Adoption is effected through RA 8043, otherwise penalized for crimes directly related to the acts of
known as the "Inter-Country Adoption Act of 1995" trafficking enumerated in this Act or in obedience to the
and said adoption is for the purpose of prostitution, order made by the trafficker in relation thereto.
pornography, sexual exploitation, forced labor,
slavery, involuntary servitude or debt bondage; Note: The consent of a trafficked person to the intended
c. Crime is committed by a syndicate, or in large scale. exploitation set forth in this Act shall be irrelevant.
Trafficking is deemed committed by a syndicate if
carried out by a group of three (3) or more persons
conspiring or confederating with another. It is REPUBLIC ACT NO. 9851
deemed committed in large scale if committed AN ACT DEFINING AND PENALIZING
against three (3) or more persons, individually or as
a group; CRIMES AGAINST INTERNATIONAL
d. Offender is an ascendant, parent, sibling, guardian or HUMANITARIAN LAW. GENOCIDE AND
a person who exercises authority over the trafficked OTHER CRIMES AGAINST HUMANITY,
person or when the offense is committed by a public ORGANIZING JURISDICTION,
officer or employee;
DESIGNATING SPECIAL COURTS, AND
FOR RELATED PURPOSES
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It means refusing to spare the life of anybody, even of It is the intentional infliction of severe pain or suffering,
persons manifestly unable to defend themselves or who whether physical, mental, or psychological, upon a person
clearly express their intention to surrender. in the custody or under the control of the accused; except
that torture shall not include pain or suffering arising only
Perfidy from, inherent in or incidental to, lawful sanctions.
It means acts which invite the confidence of an adversary
to lead him/her to believe he/she is entitled to, or is
obliged to accord protection under the rules of Works and Installations Containing Dangerous Forces
International Humanitarian Law, with the intent to betray It means works and installations the attack of which may
that confidence, including but not limited to: cause the release of dangerous forces and consequent
1. Feigning an intent to negotiate under a flag of truce; severe losses among the civilian population, namely:
2. Feigning surrender; dams, dikes, and nuclear, electrical generation stations.
3. Feigning incapacitation by wounds or sickness;
4. Feigning civilian or noncombatant status; and Acts Punishable:
5. Feigning protective status by use of signs, emblems or A. War Crimes, which include the following (Section 4):
uniforms of the United Nations or of a neutral or other 1. In case of an international armed conflict, grave
state not party to the conflict. breaches of the Geneva Conventions of August 12,
1949, namely, any of the following acts against
Persecution persons or property protected under the provisions
It is the intentional and severe deprivation of fundamental of the relevant Geneva Convention:
right contrary to international law by reason of identity of a. Willful killing;
the group or collectivity. b. Torture or inhuman treatment, including biological
experiments;
Protected Person in an armed conflict means: c. Willfully causing great suffering, or serious injury
1. A person wounded, sick or shipwrecked, whether to body or health;
civilian or military; d. Extensive destruction and appropriation of
2. A prisoner of war or any person deprived of liberty for property not justified by military necessity and
reasons related to an armed conflict; carried out unlawfully and wantonly;
3. A civilian or any person not taking a direct part or e. Willfully depriving a prisoner of war or other
having ceased to take part in the hostilities in the protected person of the rights of fair and regular
power of the adverse party; trial;
4. A person who, before the beginning of hostilities, was f. Arbitrary deportation or forcible transfer of
considered a stateless person or refugee under the population or unlawful confinement;
relevant international instruments accepted by the g. Taking of hostages;
parties to the conflict concerned or under the national h. Compelling a prisoner of war or other protected
legislation of the state of refuge or state of residence; person to serve in the forces of a hostile power;
5. A member of the medical personnel assigned and
exclusively to medical purposes or to the i. Unjustifiable delay in the repatriation of prisoners
administration of medical units or to the operation of or of war or other protected persons.
administration of medical transports; or
6. A member of the religious personnel who is exclusively 2. In case of a non-international armed conflict, serious
engaged in the work of their ministry and attached to violations of common Article 3 to the four (4) Geneva
the armed forces of a party to the conflict, its medical Conventions of August 12, 1949, namely, any of the
units or medical transports, or non-denominational, following acts committed against persons taking no
noncombatant military personnel carrying out functions active part in the hostilities, including members of the
similar to religious personnel. armed forces who have laid down their arms and
those placed hors de combat by sickness, wounds,
Superior detention or any other cause:
1. A military commander or a person effectively acting as a. Violence to life and person, in particular, willful
a military commander; or killings, mutilation, cruel treatment and torture;
2. Any other superior, in as much as the crimes arose from b. Committing outrages upon personal dignity, in
activities within the effective authority and control of particular, humiliating and degrading treatment;
that superior. c. Taking of hostages; and
d. The passing of sentences and the carrying out of
Torture executions without previous judgment pronounced
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lascivious, literary, artistic, political and scientific value. 7. Any person who has personal knowledge of the
circumstances of the commission of any offense under
Acts Punishable (Section 4): (CHEW-P5 FEK) this Act
1. To conspire to commit any of the prohibited acts stated 8. At least 3 concerned responsible citizens residing in the
in this section. Conspiracy to commit any form of child place where the violation occurred
pornography shall be committed when two (2) or more 9. Any law enforcement officer
persons come to an agreement concerning the 10. Officer or social worker of the DSWD
commission of any of the said prohibited acts and
decide to commit it;
2. To hire, employ, use, persuade, induce or coerce a REPUBLIC ACT. NO. 9745
child to perform in the creation or production of any form ANTI-TORTURE ACT OF 2009
of child pornography;
3. To engage in the luring or grooming of a child;
4. To willfully access any form of child pornography; An Act Penalizing Torture and Other Cruel, Inhuman
5. To produce, direct, manufacture or create any form of and Degrading Treatment or Punishment and
child pornography; Prescribing Penalties Therefor
6. To publish offer, transmit, sell, distribute, broadcast, Approved: November 10, 2009
advertise, promote, export or import any form of child
pornography; Definition of Terms (Section 3)
7. To possess any form of child pornography with the Torture
intent to sell, distribute, publish, or broadcast: Provided. It is an act by which severe pain or suffering, whether
Note: Possession of three (3) or more articles of child physical or mental, is intentionally inflicted on a person for
pornography of the same form shall be prima facie such purposes as obtaining from him/her or a third person
evidence of the intent to sell, distribute, publish or information or a confession; punishing him/her for an act
broadcast; he/she or a third person has committed or is suspected of
8. For a parent, legal guardian or person having custody having committed; or intimidating or coercing him/her or a
or control of a child to knowingly permit the child to third person; or for any reason based on discrimination of
engage, participate or assist in any form of child any kind, when such pain or suffering is inflicted by or at
pornography; the instigation of or with the consent or acquiescence of a
9. To possess any form of child pornography. person in authority or agent of a person in authority. It
For film distributors, theaters and telecommunication does not include pain or Buffering arising only from,
companies, by themselves or in cooperation with other inherent in or incidental to lawful sanctions.
entities, to distribute any form of child pornography;
10. To engage in pandering of any form of child Other cruel, inhuman and degrading treatment or
pornography; punishment
11. To knowingly, willfully and intentionally provide a It refers to a deliberate and aggravated treatment or
venue for the commission of prohibited acts as, but not punishment not enumerated under Section 4 of his Act,
limited to, dens, private rooms, cubicles, cinemas, inflicted by a person in authority or agent of a person in
houses or in establishments purporting to be a authority against a person under his/her custody, which
legitimate business; attains a level of severity causing suffering, gross
humiliation or debasement to the latter.
Syndicated Child Pornography (Section 5)
If carried out by a group of three (3) or more persons Note: The assessment of the level of severity shall
conspiring or confederating with one another. depend on all the circumstances of the case, including the
duration of the treatment or punishment, its physical and
Who May File a Complaint (Section 6): (O-PABLO- mental effects and, in some cases, the sex, religion, age
PALO) and state of health of the victim.
1. Offended party
2. Parents or guardians Victim
3. Ascendant or collateral relative within the third degree It refers to the person subjected to torture or other cruel,
of consanguinity inhuman and degrading treatment or punishment as
4. Barangay chairman defined above and any individual who has suffered harm
5. Local social welfare development officer as a result of any act(s) of torture, or other cruel, inhuman
6. Officer, social worker or representative of a licensed and degrading treatment or punishment.
child-caring institution
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therein such as, among others, names, date of arrest and circumstances in which such person/s has/have a
incarceration, and the crime or offense committed. reasonable expectation of privacy, or the act of selling,
copying, reproducing, broadcasting, sharing, showing or
Note: The list of detainees and detention facilities shall be exhibiting the photo or video coverage or recordings of
available to the public at all times and submitted to the such sexual act or similar activity through VCD/DVD,
CHR. internet, cellular phones and similar means or device
without the written consent of the person/s involved,
Non-applicability of Exclusionary Rule (Section 8) notwithstanding that consent to record or take photo or
Any confession, admission or statement obtained as a video coverage of same was given by such person/s.
result of torture shall be inadmissible in evidence in any
proceedings, except if the same is used as evidence Private area of a person/s
against a person or persons accused of committing It is the naked or undergarment clad genitals, pubic area,
torture. buttocks or female breast of an individual.
Torture as a Separate and Independent Crime Under circumstances in which a person has a
(Section 15) reasonable expectation of privacy- belief that he/she
Torture as a crime shall not absorb or shall not be could disrobe in privacy, without being concerned that an
absorbed by any other crime or felony committed as a image or a private area of the person was being captured;
consequence, or as a means in the conduct or or circumstances in which a reasonable person would
commission thereof. In which case, torture shall be treated believe that a private area of the person would not be
as a separate and independent criminal act whose visible to the public, regardless of whether that person is
penalties shall be imposable without prejudice to any in a public or private place.
other criminal liability provided for by domestic and
international laws. Acts Punished (Section 4)
1. To take photo or video coverage of a person or group of
persons performing sexual act or any similar activity or
to capture an image of the private area of a person/s
REPUBLIC ACT NO. 9995 such as the naked or undergarment clad genitals,
ANTI- PHOTO AND VIDEO pubic area, buttocks or female breast without the
VOYEURISM ACT OF 2009 consent of the person/s involved and under
circumstances in which the person/s has/have a
reasonable expectation of privacy;
An Act Defining and Penalizing the Crime of Photo 2. To copy or reproduce, or to cause to be copied or
and Video Voyeurism, Prescribing Penalties Therefor, reproduced, such photo or video or recording of sexual
and for Other Purposes act or any similar activity with or without consideration;
3. To sell or distribute, or cause to be sold or distributed,
Approved: February 15, 2010 such photo or video or recording of sexual act, whether
it be the original copy or reproduction thereof; or
Definition of Terms (Section 3) 4. To publish or broadcast, or cause to be published or
broadcast, whether in print or broadcast media, or
Broadcast show or exhibit the photo or video coverage or
It is to make public, by any means, a visual image with the recordings of such sexual act or any similar activity
intent that it be viewed by a person or persons. through VCD/DVD, internet, cellular phones and other
Capture similar means or device.
With respect to an image, means to videotape,
photograph, film, record by any means, or broadcast. Note: The prohibition under Nos. 2, 3 & 4 shall apply
notwithstanding that consent to record or take photo or
Female breast video coverage of the same was given by such person/s.
It is any portion of the female breast. Any person who violates this provision shall be liable for
photo or video voyeurism as defined herein.
Photo or video voyeurism
It is the act of taking photo or video coverage of a person
or group of persons performing sexual act or any similar REPUBLIC ACT. NO. 9184
activity or of capturing an image of the private area of a GOVERNMENT PROCUREMENT
person or persons without the latter's consent, under REFORM ACT
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beyond the prescribed periods of Bids or other 5. Withdraw a Bid, after it shall have qualified as the
documents; Lowest Calculated Bid/Highest Rated Bid, or to
2. Open any sealed Bid including but not limited to accept and award, without just cause or for the
Bids that may have been submitted through the purpose of forcing the Procuring Entity to award the
electronic system and any and all documents contract to another bidder. This shall include the
required to be sealed or divulging their contents, non-submission of requirements such as, but not
prior to the appointed time for the public opening of limited to, performance security, preparatory to the
Bids or other documents; final award of the contract;
3. Unduly influencing or exerting undue pressure on 6. Participate in a public bidding using the name of
any member of the BAC or any officer or employee another or allow another to use one's name for the
of the procuring entity to take a particular bidder; purpose of participating in a public bidding;
4. Splitting of contracts which exceed procedural 7. Submit eligibility requirements of whatever kind and
purchase limits and competitive bidding; nature that contain false information or falsified
5. When the head of the agency abuses the exercise documents calculated to influence the outcome of
of his power to reject any and all bids as mentioned the eligibility screening process or conceal such
under Section 41 of this Act with manifest information in the eligibility requirements when the
preference to any bidder who is closely related to information will lead to a declaration of ineligibility
him in accordance with Section 47 of this Act. from participating in public bidding;
8. Submit Bidding Documents of whatever kind and
Note: In addition to the proposed contents of the Invitation nature than contain false information or falsified
to Bid as mentioned under Section 21, all bidding documents or conceal such information in the
documents shall be accompanied by a sworn affidavit of Bidding Documents, in order to influence the
the bidder that he or she or any officer of their corporation outcome of the public bidding.
in not related to the Head of the Procuring Entity by
consanguinity or affinity up to the third civil degree Civil Liability in Case of Conviction (Section 67)
(Section 47) Without prejudice to administrative sanctions that may be
imposed in proper cases, a conviction under this Act or RA
Note: When done in collusion with private individuals, the 3019 shall carry with it civil liability, which may either
private individuals shall likewise be liable for the offense. consist of restitution for the damage done or the forfeiture
in favor of the government of any unwarranted benefit
B. Private individuals who, including any public officer, derived from the act or acts in question or both, at the
who conspires with them (MARR- WUFF): discretion of the courts.
1. When a bidder maliciously submits different Bids
through two or more persons, corporations,
partnerships or any other business entity in which
he has interest of create the appearance of
P.D. NO. 968
competition that does not in fact exist so as to be PROBATION LAW OF 1976
adjudged as the winning bidder;
2. When two or more bidders agree and submit Approved: July 24, 1976
different Bids as if they were bona fide, when they
knew that one or more of them was so much higher Purpose (Section 2):
than the other that it could not be honestly 1. promote the correction and rehabilitation of an
accepted and that the contract will surely be offender by providing him with individualized treatment;
awarded to the pre-arranged lowest Bid; 2. provide an opportunity for the reformation of a
3. When two or more bidders enter into an agreement penitent offender; and
which call upon one to refrain from bidding for 3. prevent the commission of offenses.
Procurement contracts, or which call for withdrawal
of bids already submitted, or which are otherwise Definition of Terms (Section 3):
intended to secure as undue advantage to any one
of them; Probation
4. When a bidder, by himself or in connivance with It is a disposition under which a defendant, after
others, employ schemes which tend to restrain the conviction and sentence, is released subject to conditions
natural rivalry of the parties or operates to stifle or imposed by the court and to the supervision of a probation
suppress competition and thus produce a result officer.
disadvantageous to the public;
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Probationer 3. those who are already serving sentence at the time the
It is a person placed on probation. substantive provisions of this Decree became
applicable.
Probation Officer
He is one who investigates for the court a referral for 4. those who have been once on probation;
probation or supervises a probationer or both. 5. those who have previously been convicted by final
judgment of an offense punished by imprisonment of
Grant of Probation (Section 4): not less than one month and one day and/or a fine of
not less than P200;
Application
An application for probation shall be filed with the trial Conditions (Section 10)
court, with notice to the appellate court if an appeal has
been taken from the sentence of conviction. The filing of 1. Mandatory Conditions:
the application shall be deemed: The probationer shall:
1. a waiver of the right to appeal, or a. Present himself to the probation officer within 72
2. the automatic withdrawal of a pending appeal. hours from receipt of probation order.
b. Report himself to the probation officer at least once a
Note: Probation may be granted whether the sentence month during the period of probation.
imposes a term of imprisonment or fine only
2. Discretionary Conditions:
Order a. cooperate with a program of supervision
The court may, after conviction and upon application of b. meet his family responsibilities;
the defendant: c. devote himself to a specific employment and not to
1. suspend the execution of the sentence; and change said employment without the prior written
2. place the defendant on probation upon such period and approval of the probation officer;
terms as it may deem best. d. undergo medical, psychological or psychiatric
examination and treatment and enter and remain in a
Note: An order granting or denying probation shall not be specified institution, when required for that purpose;
appealable. e. pursue a prescribed secular study or vocational
training;
Criteria for Placing an Offender on Probation (Section f. attend or reside in a facility established for instruction,
8): recreation or residence of persons on probation;
g. refrain from visiting houses of ill-repute;
The court shall consider all information relative to the: h. abstain from drinking intoxicating beverages to
1. character; excess;
2. antecedents; i. permit to probation officer or an authorized social
3. environment; worker to visit his home and place or work;
4. mental and physical condition of the offender; j. reside at premises approved by it and not to change
5. and available institutional and community resources. his residence without its prior written approval; or
k. satisfy any other condition related to the rehabilitation
Probation shall be denied if the court finds that (CUD): of the defendant and not unduly restrictive of his
1. the offender is in need of correctional treatment that liberty or incompatible with his freedom of
can be provided most effectively by his commitment to conscience.
an institution;
2. there is undue risk that during the period of probation Period (Section 14)
the offender will commit another crime; or If the sentence imposes:
3. probation will depreciate the seriousness of the offense 1. imprisonment of not more than one year- period shall
committed. not exceed two years
2. imprisonment of more than one year- period shall not
Disqualified Offenders (Section 9): (SS- SPF) exceed six years.
1. those sentenced to serve a maximum term of 3. Fine only and the offender is made to serve subsidiary
imprisonment of more than six years; imprisonment- period shall not be less than nor to be
2. those convicted of any offense against the security of more than twice the total number of days of subsidiary
the State; imprisonment
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Accomplice
PD NO. 532 Any person who:
ANTI-PIRACY AND ANTI-HIGHWAY 1. knowingly or protects pirates or highway
ROBBERY LAW OF 1974 robbers/brigands, such as giving them information
PENALTY IN THE PHILIPPINES about the movement of police or other peace officers of
the government;
2. acquires or receives property taken by such pirates or
brigands or in any manner derives any benefit
Approved: August 8, 1974 therefrom;
3. directly or indirectly abets the commission of piracy or
Definition of Terms (Section 2): highway robbery or brigandage, shall be considered as
an accomplice of the principal offenders and be
Philippine Waters punished in accordance with the Rules prescribed by
It refer to all bodies of water, such as but not limited to, the Revised Penal Code.
seas, gulfs, bays around, between and connecting each of
the Islands of the Philippine Archipelago, irrespective of its Acts Punishable and Their Penalties
depth, breadth, length or dimension, and all other waters
belonging to the Philippines by historic or legal title, PUNISHABLE ACTS PENALTIES
including territorial sea, the sea-bed, the insular shelves, Piracy reclusion temporal in its
and other submarine areas over which the Philippines has medium and maximum
sovereignty or jurisdiction. periods
Piracy with rape, mandatory penalty of
Vessel
murder or homicide death
It is any vessel or watercraft used for transport of
passengers and cargo from one place to another through
Piracy and the
Philippine Waters. It shall include all kinds and types of
offenders:
vessels or boats used in fishing.
1. abandoned the
victims without means
Philippine Highway
of saving themselves
It refers to any road, street, passage, highway and bridges
seized the vessel by
or other parts thereof, or railway or railroad within the
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Administrative Circular No. 13-2001 further clarified him, to have been derived from the proceeds of the crime
that: of robbery or theft. (Sec. 2, par 1)
1.Administrative Circular 12-2000 does not remove
imprisonment as an alternative penalty for violations Fence
of B.P. Blg. 22; It includes any person, firm, association, corporation or
2. The Judges concerned may, in the exercise of sound partnership or other organization who/which commits the
discretion, and taking into consideration the peculiar act of fencing. (Sec. 2, par 2)
circumstances of each case, determine whether the
imposition of a fine alone would best serve the interests Note: If the fence is a partnership, firm, corporation or
of justice or whether forbearing to impose imprisonment association, the president or the manager or any officer
would depreciate the seriousness of the offense, work thereof who knows or should have known the commission
violence on the social order, or otherwise be contrary to of the offense shall be liable. (Sec. 4)
the imperatives of justice
3. Should only a fine be imposed and the accused be Presumption of Fencing (Sec. 5)
unable to pay the fine, there is no legal obstacle to the General Rule: Mere possession of any good, article, item,
application of the Revised Penal Code provisions on object, or anything of value which has been the subject of
subsidiary imprisonment. robbery or thievery shall be prima facie evidence of
fencing.
Prima Facie Evidence of Knowledge of Insufficient
Funds: Exception: Possession of Clearance/Permit to
The making, drawing and issuance of a check payment of Sell/Used Second Hand Articles.
which is refused by the drawee because of insufficient All stores, establishments or entities dealing in the buy
funds in or credit with such bank, when presented within and sell of any good, article item, object of anything of
ninety (90) days from the date of the check, shall be prima value obtained from an unlicensed dealer or supplier
facie evidence of knowledge of such insufficiency of funds thereof, shall before offering the same for sale to the
or credit public, secure the necessary clearance or permit from the
station commander of the Integrated National Police in the
Exceptions: town or city where such store, establishment or entity is
1. When the maker or drawer pays the holder thereof the located.
amount due thereon, or
2. makes arrangements for payment in full by the drawee Any person who fails to secure the clearance or permit
of such check within (5) banking days after receiving required by this section or who violates any of the
notice that such check has not been paid by the drawee. provisions of the rules and regulations promulgated there
under shall upon conviction be punished as a fence.
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PROCEDURE Procedure for Taking the Child into Custody (Sec. 21)
From the moment a child is taken into custody, the law
Determination of enforcement officer shall:
Age 1. Explain to the child in simple language and in a dialect
that he/she can understand why he/she is being
placed under custody and the offense that he/she
allegedly committed;
If 15-18 year
If 15-18 year
old w/o
If below 15 2. Inform the child of the reason for such custody and
old with
discernment discernment advise the child of his/her constitutional rights in a
language or dialect understood by him/her;
3. Properly identify himself/herself and present proper
identification to the child;
Subjected to Subjected to 4. Refrain from using vulgar or profane words and
intervention diversion Subjected to
program program intervention from sexually harassing or abusing, or making sexual
program advances on the child in conflict with the law;
5. Avoid displaying or using any firearm, weapon,
handcuffs or other instruments of force or restraint,
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unless absolutely necessary and only after all other It is the mental capacity to understand the difference
methods of control have been exhausted and have between right and wrong and its consequences.
failed;
6. Refrain from subjecting the child in conflict with the SEC. 23. System of Diversion. - Children in conflict with
law to greater restraint than is necessary. the law shall undergo diversion programs without
7. Avoid violence or unnecessary force; undergoing court proceedings subject to the conditions
8. Determine the age of the child. herein provided:
9. Immediately but not later than eight (8) hours after 1. Where the imposable penalty for the crime committee is
apprehension, turn over custody of the child to the not more than six (6) years imprisonment, the law
Social Welfare and Development Office or other enforcement officer or Punong Barangay with the
accredited NGOs, and notify the child's apprehension. assistance of the local social welfare and development
The social welfare and development officer shall explain officer or other members of the LCPC shall conduct
to the child and the child's parents/guardians the mediation, family conferencing and conciliation and,
consequences of the child's act with a view towards where appropriate, adopt indigenous modes of conflict
counseling and rehabilitation, diversion from the resolution in accordance with the best interest of the
criminal justice system, and reparation, if appropriate; child with a view to accomplishing the objectives of
10. Take the child immediately to the proper medical restorative justice and the formulation of a diversion
and health officer for a thorough physical and mental program. The child and his/her family shall be present in
examination. The examination results shall be kept these activities.
confidential unless otherwise ordered by the Family 2. In victimless crimes where the imposable penalty is not
Court. more than six (6) years imprisonment, the local social
11. Ensure that should detention of the child in conflict welfare and development officer shall meet with the
with the law be necessary, the child shall be secured in child and his/her parents or guardians for the
quarters separate from that of the opposite sex and development of the appropriate diversion and
adult offenders; rehabilitation program, in coordination with the BCPC;
12. Record the following in the initial investigation: 3. Where the imposable penalty for the crime committed
a.Whether handcuffs or other instruments of restraint exceeds six (6) years imprisonment, diversion
were used, and if so, the reason for such; measures may be resorted to only by the court.
b. That the parents or guardian of a child, the DSWD,
and the PA0 have been informed of the apprehension Diversion Measures (Sec. 37)
and the details thereof; and Where the maximum penalty imposed by law for the
c.The exhaustion of measures to determine the age of a offense with which the child in conflict with the law is
child and the precise details of the physical and charged is imprisonment of not more than twelve (12)
medical examination or the failure to submit a child to years, regardless of the fine or fine alone regardless of the
such examination; and amount, and before arraignment of the child in conflict
13. Ensure that all statements signed by the child with the law, the court shall determine whether or not
during investigation shall be witnessed by the diversion is appropriate.
child's parents or guardian, social worker, or legal
counsel in attendance who shall affix his/her Note: The exemption from criminal liability herein
signature to the said statement. established does not include exemption from civil liability.
Note: A child in conflict with the law shall only be Child under 18 years of age at the time of commission of
searched by a law enforcement officer of the same gender the offense, if found guilty of the offense charged, civil
and shall not be locked up in a detention cell. liability shall be determined and ascertained. However,
instead of pronouncing the judgment of conviction, the
Child above 15 years but below 18 years of age who court shall place the child in conflict with the law
acted WITHOUT discernment-exempt from criminal under suspended sentence, without need of application.
liability and be subjected to an intervention program. Suspension of sentence shall still be applied even if the
juvenile is already eighteen years (18) of age or more at
Child above 15 years but below 18 years of age who the time of the pronouncement of his/her guilt (Section
acted WITH discernment- subjected to the appropriate 38).
proceedings in accordance with this Act.
Step 3: Discharge of the Child in Conflict with the Law
Discernment (SEC. 39)Upon the recommendation of the social worker
who has custody of the child, the court shall dismiss the
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