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SPECIAL LAWS CRIM 2 REVIEWER apprehending the offender or from protecting the life

JUSTIC FERNANDEZ or property of the victim; or fabricating information


from the data gathered in confidence by investigating
authorities for purposes of background information
PD 1289 PENALIZING OBSTRUCTION OF APPREHENSION and not for publication and publishing or
AND PROSECUTION OF CRIMINAL OFFENDERS disseminating the same to mislead the investigator or
to the court
Sec. 1 Punishable acts Sec. 2 Aggravating circumstance
1. Preventing witnesses from testifying in any criminal If done by public officer + perpetual disqualification
proceeding by means of bribery, misrepresentation, from public office
deceit, intimidation, force or threats
2. Altering, destroying, suppressing or concealing any ACT 4103 AMMENDED BY ACT 4225 INDETERMINATE
paper, record, document, or object, with intent to SENTENCE LAW
impair its verity, authenticity, legibility, availability, or
admissibility as evidence in any investigation of or
official proceedings in, criminal cases, or to be used in PURPOSE: To uplift and redeem valuable human material and
the investigation of, or official proceedings in, criminal prevent unnecessary and excessive deprivation of personal
cases liberty and economic usefulness.
3. harboring or concealing, or facilitating the escape of,
any person he knows, or has reasonable ground to
believe or suspect, has committed any offense under GENERAL RULE: All persons convicted of certain crimes
existing penal laws in order to prevent his arrest under Philippine courts
prosecution and conviction
4. publicly using a fictitious name for the purpose of Sec 2 Exceptions to the application of ISLAW
concealing a crime, evading prosecution or the
execution of a judgment, or concealing his true name 1. Those convicted with death penalty or life
and other personal circumstances for the same imprisonment
purpose or purposes 2. Treason, conspiracy, proposal to commit treason,
5. delaying the prosecution of criminal cases by rebellion, sedition, espionage or piracy
obstructing the service of process or court orders or 3. Habitual delinquents
disturbing proceedings in the fiscal's offices, in 4. Those who have escaped confinement or evaded
Tanodbayan, or in the courts sentence
6. publicly using a fictitious name for the purpose of 5. Those who violated the conditional pardon
concealing a crime, evading prosecution or the 6. Those whose maximum term of imprisonment does
execution of a judgment, or concealing his true name not exceed one (1) year
and other personal circumstances for the same 7. Those already sentenced with final judgment at the
purpose or purposes time of the approval of the act
7. delaying the prosecution of criminal cases by 8. Sentenced to the penalty of destierro or suspension
obstructing the service of process or court orders or only (no prison term included)
disturbing proceedings in the fiscal's offices, in
Tanodbayan, or in the courts RULES FOR APPLICATION
8. making, presenting or using any record, document,
paper or object with knowledge of its falsity and with RECALL distinctions: (1) Penalty PRESCRIBED (by RPC
intent to affect the course or outcome of the or special law)
investigation of, or official proceedings in, criminal (2) Penalty IMPOSABLE
cases (after taking
9. soliciting, accepting, or agreeing to accept any benefit circumstances into
in consideration of abstaining from, discounting, or account)
impeding the prosecution of a criminal offender (3) Penalty IMPOSED
10. threatening directly or indirectly another with the (after applying all rules
infliction of any wrong upon his person, honor or under RPC and the
property or that of any immediate member or Indeterminate Sentence
members of his family in order to prevent such person Law)
from appearing in the investigation of, or official
proceedings in, criminal cases, or imposing a
condition, whether lawful or unlawful, in order to
prevent a person from appearing in the investigation Formula for easy reference:
of or in official proceedings in, criminal cases
11. ) giving of false or fabricated information to mislead or OffenseRPC = Min (next lower to prescribed) to Max
prevent the law enforcement agencies from (imposable)
provided under section 11 of the act is higher than that
OffenseSPECIAL = Min (at least that prescribed) to Max (not provided under the probation law.
exceed prescribed) What will happen if a probationer violates the conditions of
probation?

PD 986 PROBATION LAW 1. The court may modify the conditions of probation
or revoke the same.
Sec. 3 Meaning of terms 2. If the violation is serious, the court may order the
1. Probation - a disposition under which a defendant, probationer to serve his prison sentence.
after conviction and sentence, is released subject to 3. The probationer may also be arrested and criminally
conditions imposed by the court and to the prosecuted if the violation is a criminal offense.
supervision of a probation officer The court order shall not be subject to appeal.
2. Probationer person in probation Probation is not coterminous with its period. There must be
3. Probation Officer - one who investigates for the court an order issued by the court discharging the probationer. Upon
a referral for probation or supervises a probationer or finding that he has fulfilled the terms and conditions of his
both probation, the court may order the final discharge of the
Sec. 4 Grant of probation probationer.
Probation may be granted whether the sentence imposes a
term of imprisonment or a fine only. An application for This shall have the following effects:
probation shall be filed with the trial court, with notice to the a. case is deemed terminated.
appellate court if an appeal has been taken from the sentence b. all civil rights suspended or lost are restored.
of conviction. The filing of the application shall be deemed a c. offender's liability for any fine imposed is discharged.
waver of the right to appeal, or the automatic withdrawal of a
pending appeal. Who are disqualified from the benefits of probation?

RULES ON GRANT OF PROBATION 1. Those sentenced to serve a prison term of more


1. After having convicted and sentenced a defendant, the trial 6 years.
court may suspend the execution of the sentence and place 2. Those convicted of any crime against the national or the
the defendant on probation, upon application by the defendant public order.
within the period for perfecting an appeal. 3. Those previously convicted of an offense which is punished
2. Probation may be granted whether the sentenced imposed a by imprisonment of not less that one month and one day
a term of imprisonment or fine only. imprisonment and/or a fine of not less than P200.
3. No application for probation shall be entertained or granted if 4. Those who have been placed on probation once.
the defendant has perfected an appeal. 5. Those serving sentence.
4. Filing of application for probation operate as a waiver of the 6. Those whose conviction is on appeal.
right to appeal. 7. Those convicted of an offense against the omnibus election
5. The order granting or denying probation shall not be code, insurgency law, wage rationalization act.
appealable.
6. Accessory penalties are deemed suspended once probation There are two kinds of conditions imposed upon the offender
is granted. under probation:
7. The convict is not immediately put on probation. There shall 1. Mandatory or general once violated, the probation is
be a prior investigation by the probation officer and a cancelled.
determination by the court. 1) To report to the probation officer within 72 hours after he
receives the order of the court granting probation.
QUESTIONS: 2) To report to his probation officer at least once a month.
Will Probation be automatically granted to one whose sentence 3) not to commit any other offense while on probation.
is 6 years or less? 2. Discretionary or special additional conditions which the
court may additionally impose for the probationers correction
NO, the applicant may be denied by the court if: and rehabilitation outside prison. The enumeration is not
1. The offender would be better rehabilitated if he/ exclusive, as long as the probationers Constitutional rights
she is sent to prison to serve his/her sentence. are not jeopardized.
2. There is undue risk that the offender will likely
commit another crime. How long is the period of probation?
3. Probation will depreciate the seriousness of the
offense committed. 1. not more than 2 years if the sentence of the offender is 1
year or less.
Under section 70 of RA 9165, the Comprehensive 2. not more than 6 years if the sentence is more than one year.
Dangerous Drugs Act of 2002, the court may in its discretion, 3. When the penalty is a fine only and the offender is made to
placed the accused under probation even if the sentence serve subsidiary imprisonment, probation shall be twice the
total number of days of subsidiary imprisonment
PAROLE - it is the release of a prisoner from prison after Who may file a petition for commutation of sentence?
serving the minimum period of his indeterminate sentence
the board may review the petition of a prisoner
QUESTIONS: for commutation of sentence if he/she meets the following
Who can not be granted parole? minimum requirement:
at least 1/2 ( one half) of the minimum of his indeterminate
generally, those sentenced to a term of imprisonment of one and/or definite prison term or the aggregate minimum of his
year or less or to a straight penalty or to a prison sentence determinate and/or prison terms.
without a minimum term of imprisonment. at least 10 years for prisoners sentenced to one reclusion
perpetua or one life imprisonment, for crimes/offenses not
Who may grant parole to a prisoner? punishable under RA 7659 and other special law.
at least 12 years for prisoners whose sentences were
the board of pardon and parole, an agency under the adjusted to 40 years in accordance with the provisions of
Department of Justice. article 70 of the RPC as amended.
at least 15 years for prisoners convicted of heinous crimes as
When may a prisoner be granted parole? defined in RA 7659 committed on or after January 1, 1994 and
sentenced to one reclusion perpetua or one life imprisonment.
whenever the board of pardon and parole finds that there is a at least 17 years for prisoners sentenced to 2 or more
reasonable probability that if released, the prisoner will be law reclusion perpetua of life imprisonment even if their sentences
abiding and that his release will not be incompatible with the were adjusted to 40 years in accordance with the provision of
interest and welfare of society and when a prisoner has article 70 of the RPC as amended.
already served the minimum penalty of his/her indeterminate at least 20 years for those sentenced to death which was
sentence of imprisonment. automatically commuted or reduced to reclusion perpetua.
Who may file a petition for absolute pardon? ans. one may file
What happens if a parolee violates the conditions of his a petition for absolute pardon if he had served his maximum
parole? sentence or granted final release and discharge or court
termination of probation.
he shall be rearrested and recommitted or returned to prison to Is a prisoner who is released on parole or conditional pardon
served the unexpired portion of the maximum period of his with parole conditions placed under supervision? ans. yes, the
sentence. prisoner is placed under the supervision of a probation and
parole officer.
What is executive clemency?
PD 532 ANTI PIRACY AND ANTI HIGH-WAY ROBBERY
it refers to the commutation of sentence, conditional pardon LAW
and absolute pardon may be granted by the president upon
recommendation of the board. Sec. 2 Definition of terms
1. Philippine Waters - all bodies of water, such as but not
What is commutation of sentence? limited to, seas, gulfs, bays around, between and
connecting each of the Islands of the Philippine
it is the reduction of the period of a prison sentence. Archipelago, irrespective of its depth, breadth, length
or dimension, and all other waters belonging to the
What is conditional pardon? Philippines by historic or legal title, including territorial
sea, the sea-bed, the insular shelves, and other
it is the conditional exception of a guilty offender for the submarine areas over which the Philippines has
punishment imposed by a court. sovereignty or jurisdiction
2. Vessel - Any vessel or watercraft used for transport of
What is absolute pardon? passengers and cargo from one place to another
through Philippine Waters. It shall include all kinds
it is the total extinction of the criminal liability of the individual to and types of vessels or boats used in fishing.
whom it is granted without any condition whatsoever resulting 3. Philippine Highway - any road, street, passage,
to the full restoration of his civil rights. highway and bridges or other parts thereof, or railway
or railroad within the Philippines used by persons, or
Who may file a petition for conditional pardon? vehicles, or locomotives or trains for the movement or
circulation of persons or transportation of goods,
a prisoner who has served at least one half of the maximum of articles, or property or both
the original indeterminate and/or definite prison term. 4. Piracy - Any attack upon or seizure of any vessel, or
the taking away of the whole or part thereof or its
Who may grant commutation of sentence and pardon? cargo, equipment, or the personal belongings of its
complement or passengers, irrespective of the value
the president. thereof, by means of violence against or intimidation
of persons or force upon things, committed by any Before the AntiHijacking Law or R.A. 6235 may apply, the
person, including a passenger or member of the aircraft must be of Philippine registry and it must be in flight.
complement of said vessel, in Philippine waters, shall
be considered as piracy. The offenders shall be An aircraft is considered in flight from the moment
considered as pirates and punished as hereinafter all exteriordoors are closed following the embarkation until
provided. such time when the same doors are again opened for
5. Highway Robbery/Brigandage - the seizure of any disembarkation. (Sec. 1). This means that there are
person for ransom, extortion or other unlawful passengers that boarded. The aircraft shall be deemed to be
purposes, or the taking away of the property of already in flight even if its engine has not yet been started.
another by means of violence against or intimidation
of person or force upon things of other unlawful If the aircraft is of Philippine registry but it is not in flight and
means, committed by any person on any Philippine any of the four circumstances mentioned under R.A. 6235 is
Highway. committed, the AntiHijacking Law will not apply and the acts
Sec. 4 Aiding pirates or highway robbers/brigands or abetting will be punished accordingly under the RPC or
piracy or highway robbery/brigandage. the applicable special penal laws. The correlative crime may
be one of grave coercion or grave threat. If somebody is killed,
Any person who knowingly and in any manner aids or protects the crime is homicide or murder, as the case may be.
pirates or highway robbers/brigands, such as giving them
information about the movement of police or other peace If the aircraft is of foreign registry, it is not required that it is in
officers of the government, or acquires or receives property flight before R.A. 6235 applies because aircrafts of foreign
taken by such pirates or brigands or in any manner derives any registry are considered in transit while they are in foreign
benefit therefrom; or any person who directly or indirectly abets countries.
the commission of piracy or highway robbery or brigandage,
shall be considered as an accomplice of the principal offenders There is no hijacking in the attempted stage. R.A. 6235 is a
and be punished in accordance with the Rules prescribed by special law, where the attempted stage is not punishable.
the Revised Penal Code.
Where in the course of the hijacking, a passenger or
It shall be presumed that any person who does any of the acts complement was shot and killed. The crime remains to be a
provided in this Section has performed knowingly, unless the violation of the AntiHijacking law, but the penalty thereof shall
contrary is proven. be higher because a passenger or complement of the aircraft
had been killed. The crime of homicide or murder per se is not
PD 6235 ANTI-HIJACKING LAW punished.

Sec. 2 Punishable Acts RA 9372 HUMAN SECURITY ACT


1. Usurping or seizing control of an aircraft of Philippine
registry while it is in flight, compelling the pilots thereof It created the crime known as terrorism and declared it to be
to change the course or destination of the aircraft; a crime against the Filipino people, against humanity, and
against the law of nations.
2. Usurping or seizing control of an aircraft of foreign registry
while within Philippine territory, compelling the pilots thereof to II. Defines the crime of terrorism to be the commission of any
land in any part of the Philippine territory; of the crimes of :

3. Carrying or loading on board an aircraft operating as a A. Under the Revised Penal Code.
public utility passenger aircraft in the Philippines, any i. Piracy in general and Mutiny in the High Seas or in the
flammable, corrosive, explosive, substances; or poisonous Philippine Waters
ii. rebellion
4. Loading, shipping or transporting on board a cargo aircraft iii. Coup detat
operating as a public utility in the Philippines, any iv. Murder
flammable,corrosive, explosive, or poisonous substance if this v. Kidnapping and Serious Illegal Detention
was done in accordance with the rules and regulations set and
promulgated by the Air Transportation Office on this matter; B. Under Special Laws
i. Arson under P.D. 1613
Aggravating circumstances to nos. 1 and 2: ii. Violation of R.A. 6969 ( Toxic Substance ad Nuclear Waste
a. When the offender has fired upon the pilot, member of the Control)
crew, or passenger of the aircraft; iii. R.A. 5207 ( Atomic Energy Regulatory and Liability Act of
b. When the offender has exploded or attempted to explode 1968)
any bomb or explosive to destroy the aircraft; iv. Hijacking
c. Whenever the crime is accompanied by murder, homicide, v. Piracy in Phil. Waters and Highway Robbery
serious physical injuries or rape; vi. P.D. 1866 ( Possession and Manufacture of
Firearms/explosives)
or is being committed, or is about to be committed ( note that
thereby sowing and creating a condition of widespread and the wording is not attempted)
extraordinary fear and panic among the populace, in order to
coerce the government to give in to an unlawful demand 2. The applicant must have been authorized in writing to file
the application by the Anti Terrorism Council ( The Body
III. Requirements for Terrorism created to implement the law and assume responsibility for the
effective implementation of the anti-terrorism[policy of the
A. The accused ( maybe a single individual or a group) must country)
commit any of the enumerated crimes
3. The Judicial Authority is effective for a maximum period not
B. There results a condition of widespread and extraordinary to exceed 30 days from date of receipt of the written order and
fear and panic among the populace may be extended for another similar period
i. The extent and degree of fear and panic, including the
number of people affected in order to meet the term B. Punishes the act of failure to notify the person subject of the
populace, are questions of facts to be determined by the surveillance, monitoring or interception, if no case was filed
courts and on a case to case basis. within the 30 day period/life time of the Order of Court
ii. Is the term populace to be interpreted as referring to the authorizing the surveillance
local inhabitants where the acts were committed, or does it
refer to the national population? C. Punishes any person who conducts any unauthorized or
malicious interceptions and or recording of any form of
C. The purpose of the accused must be to coerce the communications, messages, conversations, discussions or
government to give into an unlawful demand spoken or written words
i. The word demand is too broad as to cover not only political,
criminal or monetarial demands but also those which maybe VI. Provides for a Judicial Declaration of Terrorists and
categorized as social or economic. This however is qualified by Outlawed organization, association, or group of persons, by
the word unlawful. any RTC upon application by the DOJ and upon prior notice to
the group affected.
IV. Other Acts/Persons Liable
A. Conspiracy to commit terrorism. The penalty is the same as VII. Procedure when a suspected terrorist is arrested
terrorism itself ( i.e. 40 years of imprisonment)
A. A suspected terrorist maybe arrested by any law
B. Accomplices- he cooperates in the execution of either enforcement personnel provided:
terrorism or conspiracy to commit terrorism by previous or 1. The law enforcement agent was duly authorized in writing by
simultaneous acts (Penalty is 17 yrs. 4 months and one day to the Anti Terrorism Council
20 years) 2. The arrest was the result of a surveillance or examination of
bank deposits
C. Accessory-The acts punished are the same as that under
Article 19 of the RPC. The penalty is 10 yrs. And one day to 12 B. Upon arrest and prior to actual detention, the law
years enforcement agent must present the suspected terrorist before
any judge at the latters residence or office nearest the place of
1. The law however adopts the absolutory cause of exemption arrest, at any time of the day or night. The judge shall, within
of accessories from liability with respect to their relatives three days, submit a written report of the presentation to the
court where the suspect shall have been charged.
V. Surveillance of Suspects and Interception and Recording of
Communications C. Immediately after taking custody of a person charged or
suspected as a terrorist, the police or law enforcement
A. Authorizes the grant of Judicial Authorization to listen, personnel shall notify in writing the judge of the nearest place
intercept, and record, any communication, message, of apprehension or arrest, but if the arrest is made during non-
conversation, discussion, or of spoken or written words office days or after office hours, the written notice shall be
between members of (i) a judicially declared and outlawed served at the nearest residence of the judge nearest the place
terrorist organization or association or group, or (ii) of any of arrest
person charged with or suspected of the crime of terrorism or
conspiracy to commit terrorism D. Failure to notify in writing is punished by 10 years and one
day to12 years of imprisonment
1. The Judicial Authorization can only be issued by the Court of
Appeals (a) upon a written application filed by a police or law VIII. Period of Detention has been extended to three days
enforcement official or members of his team and (b). after an
ex parte hearing establishing (c). probable cause that A. The three day period is counted from the moment the
terrorism/conspiracy to commit terrorism has been committed, person charged or suspected as terrorist has been
apprehended or arrested, detained and taken into custody
XI. If the suspect is acquitted he is entitled to P500,000.00 for
B. In the event of an actual or imminent terrorist attack, every day of detention without a warrant of arrest.
suspects may not be detained for more than three days without
the written approval of the Human Rights Commission, or A. Any person who delays the release or refuses to release
judge of the MTC RTC, Sandiganbayan or Court of Appeals the amount shall be punished by imprisonment of 6 months
nearest the place of arrest
XII. Provisions on the Identity of the Informant
C. If arrest was on a nonworking day or hour, the person
arrested shall be brought to the residence of any of the above A. The officer to whom the name of the suspect was first
named officials nearest the place of arrest. reveled shall record the real name and specific address of the
informant and shall report the same to his superior officer who
D. Failure to deliver the person charged or suspected as shall in turn transmit the information to the Congressional
terrorists to the proper judicial; authority within three days is Oversight Committee within 5 days after the suspect was
punished by 10 years and one day to 12 years. placed under arrest, or his properties sequestered seized or
frozen.
IX. Other Acts Punished As Offenses (punished by
imprisonment of 10 years and one day to 12 years) which acts B. The data shall be considered confidential and shall not be
are related to the arrest/detention of suspected terrorists unnecessarily revealed until after the proceedings against the
suspect shall have been terminated.
A. Violation of the rights of a person detained ( NOTE: It would seem that the confidentiality of the
1. Right to be informed of the nature and cause of the arrest; to informants identity is not permanent but may be revealed, not
remain silent; to counsel like the provisions of the Rules of Evidence which considers
2. To communicate and confer with counsel at any time without the confidentiality as permanent)
restriction
3. To communicate at any time and without restrictions with XIII. Territorial Application of the law:
members of family or relatives and be visited by them
4. To avail of the services of a physician of choice The law applies to any person who commits an act covered by
the law if committed:
B. Offenses relating to an official log book:
A. Within the terrestrial domain, interior waters, maritime zone
1. Failure to keep official logbook detailing the name of the and airspace of the Philippines
person arrested the date and time of initial admission for B. Inside the territorial limits of the Philippines
custody and arrest; state of his health; date and time of C. On board a Philippine ship or airship
removal from his cell, and his return thereto; date and time of D. Within any embassy, consulate, diplomatic premises
visits and by whom; all other important data bearing on his belonging to or occupied by the Philippine government in an
treatment while under arrest and custody official capacity
E. Against Philippine citizens or persons of Philippine descent
2. Failure to promptly issue a certified true copy of the entries where their citizenship or ethnicity was a factor in the
of the log book commission of the crime
F. Directly against the Philippine government.
C. Using threat, intimidation, coercion, inflicting physical pain,
or torment or mental emotional, moral or psychological XIV. The provisions of the law shall be automatically
pressure which shall vitiate the free will suspended one month before and two months after the holding
of any election.
D. Punishes Infidelity in the Custody of Detained Persons
1. The penalty is 12 years and one day to 20 years if the RA 9745 ANTI-TORTURE ACT OF 2009
person detained is a prisoner by final judgment
2. The penalty is 6 years and one day to 12 years if the Sec. 2 of the new law declares the policy of the State:
prisoner is a detention prisoner
(a) to value the dignity of every human person and guarantee
E. Punishes the act of knowingly furnishing False Testimony, full respect for human rights;
forged document or spurious evidence in any investigation or
hearing under the law ( 12 yrs and one day to 20 years) (b) to ensure that the rights of all persons, including suspects,
detainees and prisoners are respected at all times; that no
X. Prosecution under the Law is a bar to another prosecution person placed under investigation or held in custody by any
under the Revised Penal code or any other special law for any person in authority or agent of a person in authority shall be
offense or felony which is necessarily included in the offense subjected to torture, physical harm, force, violence, threat or
charged under the law intimidation or any act that impairs his/her free will; and that
secret detention places, solitary, incommunicado or other
similar forms of detention, where torture may be carried out mucous membranes, or acids or spices directly on the
with impunity, are hereby prohibited; and wound(s);

(c) to fully adhere to the principles and standards on the 5. the submersion of the head in water or water polluted with
absolute condemnation and prohibition of torture set by the excrement, urine, vomit and/or blood until the brink of
1987 Philippine Constitution and various international suffocation;
instruments, such as the International Covenant on Civil and
Political Rights (ICCPR), the Convention on the Rights of the 6. being tied or forced to assume fixed and stressful bodily
Child (CRC), the Convention on the Elimination of All Forms of position;

Discrimination Against Women (CEDAW) and the Convention 7. rape and sexual abuse, including the insertion of foreign
Against Torture and Other Cruel, Inhuman and Degrading bodies into the sex organ or rectum, or electrical torture of the
Treatment or Punishment (CAT), to which the Philippines is a genitals;
State party.
8. mutilation or amputation of the essential parts of the body
Sec. 3 Definition of terms such as the genitalia, ear, tongue, etc.;
1. Torture - refers to an act by which severe pain or
suffering, whether physical or mental, is intentionally 9. dental torture or the forced extraction of the teeth;
inflicted on a person for such purposes as obtaining
from him/her or a third person information or a 10. pulling out of fingernails;
confession; punishing him/her for an act he/she or a
third person has committed or is suspected of having 11. harmful exposure to the elements such as sunlight and
committed; or intimidating or coercing him/her or a extreme cold;
third person; or for any reason based on
discrimination of any kind, when such pain or 12. the use of plastic bag and other materials placed over the
suffering is inflicted by or at the instigation of or with head to the point of asphyxiation;
the consent or acquiescence of a person in authority
or agent of a person in authority. It does not include 13. the use of psychoactive drugs to change the perception,
pain or suffering arising only from, inherent in or memory, alertness or will of a person, such as: (i) the
incidental to lawful sanctions. administration of drugs to induce confession and/or reduce
2. Other cruel, inhuman and degrading treatment or mental competency; or (ii) the use of drugs to induce extreme
punishment - refers to a deliberate and aggravated pain or certain symptoms of a disease; and
treatment or punishment not enumerated under
Section 4 of this Act, inflicted by a person in authority 14. other analogous acts of physical torture; and
or agent of a person in authority against a person
under his/her custody, which attains a level of severity (b) Mental/Psychological torture refers to acts committed by a
causing suffering, gross humiliation or debasement to person in authority or agent of a person in authority which are
the latter. calculated to affect or confuse the mind and/or undermine a
persons dignity and morale, such as:
Sec. 4 - provides that torture (physical and mental) shall
include, but is not be limited to, the following: 1. blindfolding;

(a) Physical torture is a form of treatment or punishment 2. threatening a person(s) or his/her relative(s) with bodily
inflicted by a person in authority or agent of a person in harm, execution or other wrongful acts;
authority upon another in his/her custody that causes severe
pain, exhaustion, disability or dysfunction of one or more parts 3. confinement in solitary cells or secret detention places;
of the body, such as:
4. prolonged interrogation;
1. systematic beating, headbanging, punching, kicking, striking
with truncheon or rifle butt or other similar objects, and jumping 5. preparing a prisoner for a show trial, public display or
on the stomach; publichumiliation of a detainee or prisoner;

2. food deprivation or forcible feeding with spoiled food, animal 6. causing unscheduled transfer of a person deprived of liberty
or human excreta and other stuff or substances not normally from one place
eaten; to another, creating the belief that he/she shall be summarily
executed;
3. electric shock;
7. maltreating a member/s of a persons family;
4. cigarette burning; burning by electrically heated rods, hot oil,
acid; by the rubbing of pepper or other chemical substances on
8. causing the torture sessions to be witnessed by the persons punishment shall be disposed of expeditiously and any order of
family, relatives or any third party; release by virtue thereof, or other appropriate order of a court
relative thereto, shall be executed or complied with
9. denial of sleep/rest; immediately.

10. shame infliction such as stripping the person naked, Sec. 10 commandes the the Commission on Human Rights of
parading him/her in public places, shaving the victims head or the Philippines (CHRP) and the Public Attorneys Office (PAO)
putting marks on his/her body against his/her will; to render legal assistance in the investigation and monitoring
and/or filing of the complaint for a person who suffers torture
11. deliberately prohibiting the victim to communicate with any and other cruel, inhuman and degrading treatment or
member of his/her family; and punishment, or for any interested party thereto.

12. other analogous acts of mental/psychological torture. The victim or interested party may also seek legal assistance
from the Barangay Human Rights Action Center nearest
Per Sec. 5, other cruel, inhuman or degrading treatment or him/her as well as from human rights nongovernment
punishment refers to a deliberate and aggravated treatment or organizations (NGOs).
punishment not enumerated under Section 4 of this Act,
inflicted by a person in authority or agent of a person in Under Sec. 11, before and after interrogation, every person
authority against another person in custody, which attains a arrested, detained or under custodial investigation shall have
level of severity sufficient to cause suffering, gross humiliation the right to be informed of his/her right to demand a physical
or debasement to the latter. The assessment of the level of examination by an independent and competent doctor of
severity shall depend on all the circumstances of the case, his/her own choice. If such person cannot afford the services of
including the duration of the treatment or punishment, its his/her own doctor, he/she shall be provided by the State with
physical and mental effects and, in some cases, the sex, a competent and independent doctor to conduct physical
religion, age and state of health of the victim. examination. The State shall endeavour to provide the victim
with psychological evaluation if available under the
Sec. 6 expressly declares that torture as a criminal act. No circumstances. If the person arrested is a female, she shall be
exceptional circumstances whatsoever, whether a state of war attended to preferably by a female doctor. Furthermore, any
or a threat of war, internal political instability or any other public person arrested, detained or under custodial investigation shall
emergency, may be invoked as a justification for torture. An have the right to immediate access to quality medical
Order of Battle or any order from a superior officer or public treatment.
authority shall not be invoked as a justification for the
commission of torture. The physical examination and/or psychological evaluation of
the victim shall be contained in a medical report which shall
Sec. 7 commands that any confession, admission or statement include in detail his/her medical history and findings, and which
obtained as a result of torture shall not be invoked as evidence shall be attached to the custodial investigation report.
in any proceedings, except against a person accused of torture Following applicable protocol agreed upon by agencies,
as evidence that said confession, admission or statement was medical reports shall, among others, include the following:
made.
Sec. 8 provides that any individual who alleges that he/she has (a) The name, age and address of the patient;
been subjected to torture and other cruel, inhuman and (b) The name and address of the nearest of kin of the patient;
degrading treatment or punishment shall have the right to (c) The name and address of the person who brought the
complain to and to have his/her case promptly and impartially patient to a hospital clinic or to a health care practitioner for
examined by competent authorities. The State through its physical and psychological examination;
appropriate agencies shall ensure the safety of the (d) The nature and probable cause of the patients injuries and
complainant or victim and all other persons involved in the trauma;
investigation and prosecution of cases of torture and other (e) The approximate time and date when the injury and/or
cruel, inhuman and degrading treatment or punishment such trauma was sustained;
as the legal counsel, witnesses, relatives of the victims, (f) The place where the injury and/or trauma was sustained;
representatives of human rights organizations and media. They (g) The time, date and nature of treatment necessary; and
shall be entitled to the Witness Protection, Security and Benefit (h) The diagnosis, prognosis and/or disposition of the patient.
Program, as provided under Republic Act No. 6981, and other
laws, rules and regulations. They shall be protected from ill- Any person who does not wish to avail of the rights under this
treatment and any act of intimidation or reprisal as a result of provision may knowingly and voluntarily waive such rights in
the complaint or filing of charges. Any person committing such writing, executed in the presence and assistance of his/her
acts shall be punished under existing laws. counsel.

Under Sec. 9 a writ of habeas corpus or writ of amparo or writ Sec. 12 expressly provides that any person who actually
of habeas data proceeding, if any, filed on behalf of the victim participated or induced another in the commission of torture or
of torture or other cruel, degrading and inhuman treatment or other cruel, inhuman and degrading treatment or punishment
or who cooperated in the execution of the act of torture by In order not to depreciate the crime of torture, persons who
previous or simultaneous acts shall be liable as principal. Any have committed any act of torture shall not benefit from any
superior military, police or law enforcement officer or senior special amnesty law or similar measures that will have the
government official who issued an order to a lower ranking effect of exempting them from any criminal proceedings and
personnel to subject a victim to torture or other cruel, inhuman sanctions. (Sec. 15).
and degrading treatment or punishment for whatever purpose
shall be held equally liable as principal. Any public officer or Sec. 16 provides for the international law aspect of the crime.
employee shall be liable as an accessory if he/she has Notwithstanding the provisions of the foregoing section, any
knowledge that torture or other cruel, inhuman and degrading investigation, trial and decision in any Philippine court or other
treatment or punishment is being committed and without agency for any violation of this Act shall be without prejudice to
having participated therein, either as principal or accomplice, any investigation, trial, decision or any other legal or
takes part subsequent to its commission in any of the following administrative process before the appropriate international
manner: court or agency under applicable international human rights
and humanitarian laws.
(a) By themselves profiting from or assisting the offender to
profit from the effects of the act of torture or other cruel, Sec. 17 provides that no person shall be expelled, returned or
inhuman and degrading treatment or extradited to another State where there are substantial
punishment; grounds for believing that such person would be in danger of
being subjected to torture and other cruel, inhuman and
(b) By concealing the act of torture or other cruel, inhuman and degrading treatment or punishment.
degrading treatment or punishment and/or destroying the
effects or instruments thereof in order to prevent its discovery; For the purpose of determining whether there are such
or grounds, the Secretary of Foreign Affairs and the Secretary of
Justice, in coordination with the Chairperson of the CHRP,
(c) By harboring, concealing or assisting in the escape of the shall take into account all relevant considerations including,
principal/s in the act of torture or other cruel, inhuman and where applicable, the existence in the requesting State of a
degrading treatment or punishment: Provided, That the consistent pattern of gross, flagrant or mass violations of
accessory acts are done with the abuse of the officials public human rights.
functions.
Sec. 18 contains the compensation clause of the law. Any
Command responsibility is enshrined in the new law. Under person who has suffered torture or other cruel, inhuman and
Sec. 13,the immediate superior of the unit concerned of the degrading treatment or punishment shall have the right to claim
Armed Forces of the Philippines or the equivalent senior official for compensation as provided for under Republic Act No. 7309:
of the offender shall be held accountable for neglect of duty Provided, That in no case shall the compensation be any
under the doctrine of command responsibility if he/she has lower; than Ten thousand pesos (P10,000.00). The victim shall
knowledge of or, owing to the circumstances at the time, also have the right to claim for compensation from such other
should have known that acts of torture or other cruel, inhuman financial relief programs that may be available to him/her.
and degrading treatment or punishment shall be committed, is
being committed or has been committed by his/her Sec. 19 provides that within one (1) year from the effectivity of
subordinates or by others within his/her area of responsibility this Act, the Department of Social Welfare and Development
and, despite such knowledge, did not take preventive or (DSWD), together with the Department of Justice (DOJ) and
corrective action either before, during or immediately after its the Department of Health (DOH) and such other concerned
commission, when he/she has the authority to prevent or government agencies, shall formulate a comprehensive
investigate allegations of torture or other cruel, inhuman and rehabilitation program for victims of torture and their families.
degrading treatment or punishment but failed to prevent or Toward the attainment of restorative justice, a parallel
investigate allegations of such act, whether deliberately or due rehabilitation program for persons who have committed torture
to negligence, shall, without prejudice to criminal liability, be and other cruel, inhuman and degrading treatment or
held administratively liable under the principle of command punishment shall likewise be formulated by the same agencies.
responsibility.
Sec. 20 assigns the CHRP as the head of the oversight
Sec. 14 provides for the penalty of reclusion perpetua upon the committee to monitor the enforcement of the new law. An
perpetrators of the following acts: oversight committee is created to periodically oversee the
implementation of this Act. The committee shall be headed by
1. Torture resulting in the death of any person; a commissioner of the CHRP, with the following as members:
2. Torture resulting in mutilation; an undersecretary of the DOJ, the chairperson of the Senate
3. Torture with rape; Committee on Justice and Human Rights, the respective
4. Torture with other forms of sexual abuse and, in chairpersons of the House of Representatives Committees on
consequence of torture, the victim shall have become insane, Justice and Human Rights and the respective chairpersons of
imbecile, impotent, blind or maimed for life; and two (2) nationally organized human rights NGOs, one of whose
5. Torture committed against children. functions is the monitoring of cases of torture and other
cruel, inhuman and degrading treatment or punishment. 1. Any person who commits any of the crimes defined in
the Revised Penal Code or special laws with the use
Sec. 22 provides that the provisions of the Revised Penal of the aforementioned explosives, detonation agents
Code shall be suppletory to the new law. or incendiary devices, which results in the death of
any person or persons shall be punished with the
Sec. 24 commands the DOJ and the CHRP, with the active penalty of death.
participation of human rights NGOs, to jointly promulgate the 2. If the violation of this Section is in furtherance of, or
rules and regulations for the effective implementation of this incident to, or in connection with the crimes of
Act. They shall also ensure the full dissemination of such rules rebellion, insurrection or subversion, the penalty of
and regulations to all officers and members of various law death shall be imposed.
enforcement agencies. Sec. 4 - The possession of any machinery, tool or instrument
directly used in the manufacture of explosives, by any person
PD 1866 AMM RA 8294 DEFINING ILLEGAL/ UNLAWFU whose business or employment does not lawfully deal with the
POSSESSION OF FIREARMS manufacture of explosives shall be prima facie evidence that
such article is intended to be used in the unlawful/illegal
What is not allowed? manufacture of explosives.

Sec. 1 - Unlawful manufacture, sale, acquisition, disposition or Sec. 5 - Tampering of firearm's serial number. The penalty of
possession of firearms or ammunition or instruments used or prision correccional shall be imposed upon any person who
intended to be used in the manufacture of firearms or shall unlawfully tamper, change, deface or erase the serial
ammunition. number of any firearm

Aggravating Circumstances Sec 6. - Repacking or Altering the Composition of Lawfully


1. If homicide or murder is committed with the use of an Manufactured Explosives
unlicensed firearm, the penalty of death shall be
imposed. Sec. 7. - Unauthorized Issuance of Authority to Carry Firearm
2. If the violation of this Section is in furtherance of, or and/or Ammunition Outside of Residence
incident to, or in connection with the crimes of
rebellion, insurrection or subversion, the penalty of RA 10591 THE COMPREHENSIVE FIREARMS AND
death shall be imposed. AMMUNITION REGULATION ACT
3. The penalty of reclusion temporal in its maximum
period to reclusion perpetua shall be imposed upon Classification of firearms.
the owner, president, manager, director or other
responsible officer of any public or private firm, Under the new firearms law, firearms are classified into:
company, corporation or entity, who shall willfully or (1) Small arms; (2) ClassA Light Weapons; and (3) ClassB
knowingly allow any of the firearms owned by such Light Weapons. Parenthetically, under the old law, firearms are
firm, company, corporation or entity to be used by any classified as low-powered and high-powered, in addition to
person or persons found guilty of violating the explosives, and providing single penalties for each.
provisions of the preceding paragraphs.
4. The penalty of prision mayor shall be imposed upon Small arms refer to firearms intended to be or primarily
any person who shall carry any licensed firearm designed for individual use or that which is generally
outside his residence without legal authority therefor. considered to mean a weapon intended to be fired from the
hand or shoulder, which are not capable of fully automatic
Sec. 2 - The possession of any machinery, tool or instrument bursts of discharge such as: (1) handgun, which is a firearm
used directly in the manufacture of firearms or ammunition, by intended to be fired from the hand, and it includes a pistol and
any person whose business or employment does not lawfully a revolver; (2) rifle, which is a shoulder firearm or designed to
deal with the manufacture of firearms or ammunition, shall be be fired from the shoulder that can discharge a bullet through a
prima facie evidence that such article is intended to be used in rifled barrel by different actions of loading, which may be
the unlawful/illegal manufacture of firearms or ammunition. classified as lever, bolt, or self-loading; and (3) shotgun, which
is a weapon designed, made or intended to fire a number of
Sec. 3 - any person who shall unlawfully manufacture, ball shots or a single projectile through a smooth bore by the
assemble, deal in, acquire, dispose or possess action or energy from burning gunpowder.
handgrenade(s), rifle grenade(s) and other explosives,
including but not limited to "philbox bombs", "molotov cocktail ClassA Light Weapons refer to self-loading pistols,
bomb", "fire-bombs", or other incendiary devices capable of rifles and carbines, submachine guns, assault rifles and light
producing destructive effect on contiguous objects or causing machine guns not exceeding calibre 7.62MM which have fully
injury or death to any person automatic mode.

Aggravating Circumstances ClassB Light Weapons refer to weapons designed for


use by two (2) or more persons serving as crew, or rifles and
machine guns exceeding calibre 7.62MM such as heavy that such article is intended to be used in the unlawful or illegal
machine guns, handheld underbarrel and mounted grenade manufacture of firearms, ammunition or parts thereof. It is
launchers, portable anti-aircraft guns, prortable anti-tank guns, doubtful, however, whether possession of such machinery, tool
recoilless rifles, portable launchers of anti-tank missiles and or instrument is punished by the first paragraph of Section 32.
rocket systems, portable launchers of anti-aircraft missile What is punished by said paragraph is the unlawful
systems, and mortars of a calibre of less than 100MM. manufacture, importation, sale or disposition of machinery, tool
or instrument. It hardly includes as punishable intent to use
Offenses Punished. machinery, tool or instruments intended to be used for the
manufacture of firearms and ammunitions.
While the old law punished basically two (2) offenses relating
to firearms and explosives, without regard to the nature of the COther related offenses:
offense whether it be possession, disposition, acquisition,
manufacture or sale, the new law separated the offenses of (1) Carrying of firearms outside of residence without legal
acquisition or possession from the offenses of manufacture, authority (Sec. 31);
importation, or sale of firearms and ammunition and provides a
higher penalty to the latter. (2) Tampering, Obliteration or Alteration of Firearms
Identification (Sec. 34);
The following are the offenses punished under the new
law: (3) Planting of firearms, ammunition or parts thereof as
evidence (Sec. 38);
AOffenses relating to acquisition or possession:
(4) Failure to notify lost or stolen firearm (Sec. 40);
(1) Unlawful acquisition or possession of firearms;
(5) Illegal transfer or registration of firearm (Sec. 41); and
(2) Unlawful acquisition or possession of ammunition;
(6) Fraudulent facilitating the registration of a firearm by a
(3) Unlawful acquisition or possession of major parts of a public officer (Sec. 41, 2nd par.).
firearm;
Qualifying or Aggravating Circumstances.
(4) Buying or possession of stolen part or material from a
company engaged in the manufacture and sell of firearms and Circumstances relating to possession. The offenses
ammunition, when the buyer or possessor is aware that such of acquisition or possession of short arms and/or ClassA
part or material was stolen (Sec. 32, par. 3); Light Weapons may be qualified by the possession of three or
more short arms or ClassA Light Weapons, in which case
It must be noted that the offense of unlawful possession or the penalty shall be reclusion temporal to reclusion perpetua.
acquisition of ammunition of ClassA Light Weapon punished
under Sec. 28 (i) was repeated under paragraph (g), which Illegal possession of short arms or ClassA Light
provide a lighter penalty therefor. Weapons may also be qualified by any or combination of the
following conditions namely:
BOffenses relating to manufacture, importation or sale:
(1) When the firearm is loaded with ammunition or inserted
(1) Unlawful manufacture, importation, sale or disposition of with a loaded magazine;
firearms, ammunition, major part of a firearm or ammunition, or
machinery, tool or instrument used or intended to be used in (2) When the firearm is fitted or mounted with laser or any
the manufacture of a firearm, ammunition or major part thereof gadget used to guide the shooter to hit the target such as
(Sec. 32); thermal weapon sight (TWS) and the like;

(2) Arms smuggling (Sec. 33); (3) When it is fitted with sniper scopes, firearm muffler or
firearm silencer;
(3) Unlawful taking, sale or disposition by labourer, worker or
employee of a licensed firearms dealer parts of firearms or (4) When it is accompanied with an extra barrel; and
ammunition which the company manufactures and sells, and
other materials used by the company in the manufacture or (5) When it is converted to be capable of firing full automatic
sale of firearms or ammunition (Sec. 32); bursts.

It is worthy of note that the possession of any machinery, In such cases, the penalty shall be one (1) degree higher than
tool or instrument used directly in the manufacture of firearms, that provided for offense, and the offense may be called
ammunition, or major parts thereof by any person whose Qualified Illegal Possession of Firearms.
business, employment or activity does not lawfully deal with
the possession of such article shall be prima facie evidence
Circumstances relating to use.The use of a loose firearm,
when inherent in the commission of a crime punishable under Covered Institutions
the Revised Penal Code or other special laws, such as, for
example, murder or homicide, shall be considered as an These are the institutions covered under the money laundering
aggravating circumstance. However, if the crime committed is law. They refer to:
penalized by law with a maximum penalty lower than the
penalty for illegal possession of firearm, the penalty for the 1.) Banks, non-banks, quasi-banks, trust entities and all other
latter shall be imposed in lieu of the penalty for the crime institutions and their subsidiaries and affiliates under the
charged. On the other hand, if the penalties are equal, the regulation ans supervision of the Central Bank
penalty of prision mayor in its minimum period shall be 2.) Insurance companies and all other institutions supervised
imposed in addition to the penalty imposed against the and regulated by the Insurance Commissioner
offender for the crime committed (Sec. 29). 3.) Securities, dealers, brokers, salesmen, investment houses
an other similar entities managing securities or rendering
Notably, if the firearm used in the commission of a crime is services as investment agents, advisers, consultants; mutual
licensed, the use of such firearm shall not be considered as an funds, close-end investment companies and other similar
aggravating circumstance. If there be any violation of the law, it entities; forex corporations, money changers, money payment,
shall be treated as a distinct and separate offense (Sec. 29), remittance and transfer companies and other similar entities;
as, for instance, carrying of the firearm outside of residence and entities administering or otherwise dealing in currency,
without authority therefor. commodities or financial derivatives based thereon, valuable
RA 9160 AMM RA 9194 ANTI- MONEY LAUNDERING ACT objects, cash substitutes and other similar monetary
instruments or property supervised by the SEC
Offenses punishable under RA9160 are the following:
Transactions Covered by RA 9160
1.) The crime of money laundering itself
2.) Failure to keep records These transactions are reported to the Anti-Money Laundering
3.) Failure to report covered transactions Council within 5 working days from their occurrence unless the
4.) Malicious reporting supervising authority prescribes a longer period of up to 10
5.) Breach of confidentiality days. This is an exception to the Bank Secrecy Law, RA 6426,
RA 8971 and other similar laws; provided the reporter doesn't
Money Laundering - It is a crime where the proceeds of an communicate any information related to the report to any
illegal activity are transacted, consequently making them person.
appear to have come from legitimate sources. It takes the form
of the following: 1.) Covered Transaction

1.) Any person who knows that any monetary instrument or A transaction in cash or equivalent monetary instrument where
property represents, involves or is related to the proceeds of the amount exceeds Php500,000.00 in a single banking day,
any illegal activity but transact/tries to transact the
instrument/property anyway 2.) Suspicious Transaction

2.) A person who, knowing that any monetary instrument or A transaction with covered institutions, regardless of the
property involves the proceeds from any illegal activity, amount involved, if any of the following circumstances are
performs or fails to perform an act a result of which he present:
facilitates the offense of money laundering in the previous
paragraph a.) No underlying legal trade/obligation, purpose or economic
justification
3.) If a person knows that any monetary instrument or property b.) Client isn't properly identified
that is required under the money laundering law (RA 9160, as c.) Amount involved isn't commensurate with the client's
amended by RA 9194) to be disclosed and filed with the Anti- business or financial capacity
Money Laundering Council and fails to do so d.) Client's transaction is structured in order to avoid being
subject to the reporting requirements of the money laundering
A person can be convicted of both the illegal activity and act(!)
money laundering. Any case related to the illegal activity, e.) Any circumstance related to the transaction is observed to
however, is given precedence over the prosecution of any deviate from the client's profits or his past transactions with the
offense or violation of the money laundering law without covered institution
prejudice to freezing and other remedies. f.) The transaction is related to any illegal activity or offense
under the money laundering law and is about to be, is being or
The RTC has jurisdiction over money laundering cases except has been committed
if the money laundering is committed by public officers or g.) Any transaction similar or analogous to any of the above
private persons conspiring with them. In this instance, the case
will be tried by the Sandiganbayan. Unlawful Activities Under RA 9160
Knowingly passing a dangerous drug to another. It may be
1.) Kidnapping for ransom personally or any other way and by any means; consideration
2.) Drug trafficking doesn't matter.
3.) Violations of the Anti-Graft and Corrupt Practices Act
4.) Plunder 6.) Sell
5.) Robbery and extortion
6.) Jueteng and masiao Any act of giving away any dangerous drug and/or controlled
7.) Piracy on the high seas precursor and essential chemical regardless if it was for money
8.) Qualified theft or another consideration.
9.) Swindling/estafa
10.) Violations of the E-Commerce Act 7.) Drug syndicate
11.) Hijacking and other violations of RA 6235
12.) Destructive arson and murder, including those committed Any group of 2 or more persons formed or joining together in
by terrorists against non-combatants and similar targets order to commit a violation of the dangerous drugs act.
13.) Fraudulent practices and other violations under the
Securities Regulations Code 8.) Dispense
14.) Acts of terrorism
15.) Felonies/offenses of a similar nature punishable under the Any act of giving away, selling or distributing medicine or any
criminal laws of other countries dangerous drug with or without prescription. Dispensing isn't a
crime per se. It will depend on the other circumstances.
These crimes can be prosecuted together with the violation of
RA 9160 9.) Den, dive or resort

RA 9165 DANGEROUS DRUGS ACT OF 2002 A place where any dangerous drug and/or controlled precursor
Art. 1 Sec. 3 Definition of terms and essential chemical is administered, delivered, stored for
1.) Administer illegal purposes, distributed, sold or used in any form.

Any act of introducing a dangerous drug into a person's body 10.) Illegal trafficking
with or without his/her knowledge in any way. It doesn't matter
if it's by injection, inhalation, injection or any other method, and Illegal cultivation, culture, delivery, administration,
it won't matter if it's self-administered or not. The exception is if dispensation, manufacture, sale, trading, transportation,
it's done by a licensed practitioner (doctor, nurse, etc.) for distribution, importation, export and possession of any
medication purposes. dangerous drug and/or controlled precursor and essential
chemical.
2.) Controlled precursors and essential chemicals
11.) Trading
These include the chemicals listed in Tables 1 and 2 of the UN
Convention Against Illicit Traffic in Narcotic Drugs and Transactions involving the illegal trafficking of dangerous drugs
Psychotropic Substances. They're called "controlled" because and/or controlled precursors and essential chemicals using
they have legal uses (like manufacture of medicines) but electronic devices. This includes e-mail, text messages,
subject to regulation because they're addictive. cellphones, landline, 2-way radios, the internet, instant
messages and chat rooms or acting as brokers in any way of
3.) Dangerous drugs such transaction in violation of the dangerous drugs act. It may
be for money or any other consideration.
Those listed in the schedules attached to the 1961 Single
Convention on Narcotic Drugs (and its 1972 amendment.) 12.) Employee of a den, dive or resort

4.) Drug dependence A caretaker, helper, watchman, lookout or other persons


working at the den, dive or resort. They're employed by the
This follows the WHO definition: a cluster of psychological, person who runs the den, dive or resort with or without
behavioral and cognitive phenomena of variable intensity, in compensation in connection with the illegal drugs operation
which the use of psychoactive drugs takes on a high priority
thereby involving, among others, a strong desire or a sense of 13.) Financier
compulsion to take the substance and the difficulties in
controlling substance-taking behavior in terms of its onset, Any person who pays for, raises or supplies money for or
termination or levels of use. underwrites any of the illegal activities under the dangerous
drugs act.
5.) Deliver
14.) Protector/coddler
Any person who knowingly and willfully consents to the Section 5 Anyone who sell, trade,
violations of the dangerous drugs act and uses his/her power, Sale, Trading, administer, dispense, deliver,
influence or position to shield, harbor, screen or facilitate the Administration, give away to another, distribute
escape of any person he/she knows, suspects or has reason to Dispensation, Delivery, dispatch in transit or transport
believe has violated the dangerous drugs act in order to Distribution and any dangerous drug, including
prevent the violator from being arrested, prosecuted and/or Transportation of any and all species of opium
convicted. Dangerous Drugs poppy regardless of the quantity
and/or Controlled and purity involved, or shall act
15.) Pusher Precursors and as a broker in any of such
Essential Chemical. transactions.
Any person who sells, trades, administers, dispenses, gives
away on whatever terms, distributes, dispatches in transit,
transports dangerous drugs or acts as a broker in any Sale, trading, administration,
transaction that violates the dangerous drugs act. dispensation, delivery,
distribution or transportation of
Art 2. Unlawful Acts any dangerous drug and/or
SECTION Unlawful Act controlled precursor and
Section 4 Unauthorized import of any essential chemical transpires
Importation of dangerous drug, regardless of within one hundred (100) meters
Dangerous Drugs the quantity and purity involved, from the school
and/or Controlled including any and all species of
Precursors and opium poppy or any part thereof For drug pushers who use
Essential Chemicals. or substances derived therefrom minors or mentally incapacitated
even for floral, decorative and individuals as runners, couriers
culinary purposes and messengers, or in any other
capacity directly connected to the
dangerous drugs and/or
Unauthorized import of any controlled precursors and
controlled precursor and essential chemical trade
essential chemical
If the victim of the offense is a
minor or a mentally incapacitated
individual, or should a dangerous
Unauthorized import of drug and/or a controlled
dangerous drug and/or controlled precursor and essential chemical
precursor and essential chemical involved in any offense herein
through the use of a diplomatic provided be the proximate cause
passport, diplomatic facilities or of death of a victim thereof
any other means involving
his/her official status intended to "financier", organizer and
facilitate the unlawful entry of the manager of any of the illegal
same activities

"Protector/coddler" of any violator


Any person, who organizes,
of the provisions
manages or acts as a "financier" SECTION 6: Any person or group of persons
of any of the illegal activities Maintenance of a Den, who shall maintain a den, dive or
Dive or Resort. resort where any dangerous
drug is used or sold in any form.
"Protector/coddler" of any violator
of the provisions
Maintenance of a den, dive, or
resort where any controlled
precursor and essential
chemical is used or sold in any
form.

Dangerous drug is
administered, delivered or sold to
a minor who is allowed to use the
same in such a place.
Precursors and reasonably should know, that it
Any dangerous drug be the Essential Chemicals. will be used to plant, propagate,
proximate cause of the death of cultivate, grow, harvest,
a person using the same in such manufacture, compound,
den, dive or resort convert, produce, process,
prepare, test, analyze, pack,
"financier", organizer and repack, store, contain or conceal
manager of any of the illegal any dangerous drug and/or
activities controlled precursor and
essential chemical in violation of
"Protector/coddler" of any violator this Act.
of the provisions If it will be used to inject, ingest,
SECTION 7: Any employee of a den, dive or inhale or otherwise introduce into
Employees and Visitors resort, who is aware of the the human body a dangerous
of a Den, Dive or nature of the place as such; drug
Resort. Any person who uses a minor or
Any person who, not being a mentally incapacitated
included in the provisions of the individual to deliver such
next preceding, paragraph, is equipment, instrument,
aware of the nature of the place apparatus and other
as such and shall knowingly visit paraphernalia for dangerous
the same drugs.
SECTION 11: Any unauthorized person who
Possession of possess any dangerous drug in
Dangerous Drugs the following quantities,
SECTION 8: Unauthorized manufacture of any regardless of the degree of purity
Manufacture of dangerous drug. thereof:
Dangerous Drugs (1) 10 grams or more of opium;
and/or Controlled Unauthorized manufacture of any (2) 10 grams or more of
Precursors and controlled precursor and morphine;
Essential Chemicals. essential chemical. (3) 10 grams or more of heroin;
(4) 10 grams or more of cocaine
or cocaine hydrochloride;
(5) 50 grams or more of
"financier", organizer and
methamphetamine hydrochloride
manager of any of the illegal
or "shabu";
activities
(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
"Protector/coddler" of any violator
not limited to,
of the provisions
methylenedioxymethamphetamin
e (MDA) or "ecstasy",
paramethoxyamphetamine
SECTION 9: Illegal chemical diversion of (PMA), trimethoxyamphetamine
Illegal Chemical controlled precursors and (TMA), lysergic acid diethylamine
Diversion of Controlled essential chemicals. (LSD), gamma
Precursors and hydroxyamphetamine (GHB),
Essential Chemicals. and those similarly designed or
SECTION 10: Any person who shall deliver, newly introduced drugs and their
Manufacture or possess with intent to deliver, or derivatives, without having any
Delivery of Equipment, manufacture with intent to deliver therapeutic value or if the
Instrument, Apparatus, equipment, instrument, quantity possessed is far beyond
and Other apparatus and other therapeutic requirements
Paraphernalia for paraphernalia for dangerous
Dangerous Drugs drugs, knowing, or under Otherwise,
and/or Controlled circumstances where one
1. If the quantity of instrument, apparatus and other
methamphetamine hydrochloride paraphernalia in the practice of
or "shabu" is ten (10) grams or their profession, the Board shall
more but less than fifty (50) prescribe the necessary
grams; implementing guidelines thereof.
SECTION 13: Any person found possessing
2. If the quantities of dangerous Possession of any dangerous drug during a
drugs are five (5) grams or more Dangerous Drugs party, or at a social gathering or
but less than ten (10) grams of During Parties, Social meeting, or in the proximate
opium, morphine, heroin, cocaine Gatherings or Meetings company of at least two (2)
or cocaine hydrochloride, persons
marijuana resin or marijuana SECTION 14: Any person, who shall possess
resin oil, methamphetamine Possession of or have under his/her control any
hydrochloride or "shabu", or Equipment, Instrument, equipment, instrument,
other dangerous drugs such as, Apparatus and Other apparatus and other
but not limited to, MDMA or Paraphernalia for paraphernalia fit or intended for
"ecstasy", PMA, TMA, LSD, Dangerous Drugs smoking, consuming,
GHB, and those similarly During Parties, Social administering, injecting,
designed or newly introduced Gatherings or Meetings. ingesting, or introducing any
drugs and their derivatives, dangerous drug into the body,
without having any therapeutic during parties, social gatherings
value or if the quantity or meetings, or in the proximate
possessed is far beyond company of at least two (2)
therapeutic requirements; or persons.
three hundred (300) grams or SECTION 15: A person apprehended or
more but less than five (hundred) Use of Dangerous arrested, who is found to be
500) grams of marijuana; and Drugs. positive for use of any dangerous
drug, after a confirmatory test,
3. If the quantities of dangerous shall be imposed a penalty of a
drugs are less than five (5) minimum of six (6) months
grams of opium, morphine, rehabilitation in a government
heroin, cocaine or cocaine center for the first offense and if
hydrochloride, marijuana resin or apprehended using any
marijuana resin oil, dangerous drug for the second
methamphetamine hydrochloride time
or "shabu", or other dangerous SECTION 16: Any person, who shall plant,
drugs such as, but not limited to, Cultivation or Culture of cultivate or culture marijuana,
MDMA or "ecstasy", PMA, TMA, Plants Classified as opium poppy or any other plant
LSD, GHB, and those similarly Dangerous Drugs or regardless of quantity, which is or
designed or newly introduced are Sources Thereof. may hereafter be classified as a
drugs and their derivatives, dangerous drug or as a source
without having any therapeutic from which any dangerous drug
value or if the quantity may be manufactured or derived
If the land involved is part of the
possessed is far beyond
public domain
therapeutic requirements; or less
"financier", organizer and
than three hundred (300) grams
manager of any of the illegal
of marijuana.
activities
SECTION 12: Any unauthorized person who
Possession of possess or have under his/her
"Protector/coddler" of any violator
Equipment, Instrument, control any equipment,
of the provisions
Apparatus and Other instrument, apparatus and other
SECTION 17: any practitioner, manufacturer,
Paraphernalia for paraphernalia fit or intended for
Maintenance and wholesaler, importer, distributor,
Dangerous Drugs. smoking, consuming,
Keeping of Original dealer or retailer who violates or
administering, injecting,
Records of fails to comply with the
ingesting, or introducing any
Transactions on maintenance and keeping of the
dangerous drug into the body:
Dangerous Drugs original records of transactions
Provided, That in the case of
and/or Controlled on any dangerous drug and/or
medical practitioners and various
Precursors and controlled precursor and
professionals who are required to
Essential Chemicals. essential chemical
carry such equipment,
Art. 3 Dangerous Drugs Test and Record Requirements

Required Drug Test


1. Applicants for driver's license
2. Applicants for firearm's license and for permit to carry
firearms outside of residence
3. Students of secondary and tertiary schools
4. Officers and employees of public and private offices
5. Officers and members of the military, police and other
law enforcement agencies
6. 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
7. All candidates for public office whether appointed or
elected both in the national or local government shall
undergo a mandatory drug test.