R.A.

No 4103

AN ACT TO AMEND SECTION ONE HUNDRED NINETY OF COMMONWEALTH ACT NUMBERED FOUR
HUNDRED SIXTY-SIX, AS AMENDED, OTHERWISE KNOWN AS THE NATIONAL INTERNAL REVENUE
CODE.

Section 1. Section one hundred and ninety of Commonwealth Act Numbered Four hundred and sixty-six, as
amended, is further amended to read as follows:

"Sec. 190. Compensating tax. On the commodities goods, wares or merchandise purchased or received by
persons residing or doing business in the Philippine, there shall be paid a compensating tax on the total value
thereof, including freight, postage, insurance, commission and similar charges, equivalent to the percentage
taxes imposed under this Title on original transactions effected by merchants, importers, or manufacturers,
such tax to be paid before the withdrawal or removal of said commodities, goods, wares or merchandise from
the customhouse or the post office, except as follows:

(a) Articles subject to specific taxes under Title IV of this Code and articles to be used by the importer
himself in the manufacture or preparation of articles subject to specific taxes;

"(b) Commodities, goods, wares or merchandise purchased or received by merchants, importers and
manufacturers who are subject to tax under Section one hundred eighty-four, one hundred eighty-five,
one hundred eighty-six or one hundred eighty-nine of this Title, where such importations are to be
sold, resold, bartered or exchanged or are to be used in the manufacture or preparation of articles for
sale, barter, or exchange and are to form part thereof;

"(c) Articles to be used by the importer himself in the manufacture or preparation of articles for
consignment abroad;

"(d) Articles to be used by the importer himself as a passenger and/or cargo vessel whether coastwise
or ocean-going, including engines and spare parts of said vessel;

"(e) Wearing apparel and articles for personal use purchased in foreign countries by residents of the
Philippines which have been used abroad and accompanying them upon their return to the Philippines
the export value of which does not exceed the amount of:

"P250 when the sojourn is not less than one week;

"P500 when the sojourn is not less than two weeks; or

"P1,000 when the sojourn is not less than one month.

"Personal and household effects purchased in foreign countries and brought into the Philippines by
returning residents which effects have been used abroad, neither imported for the account of any
other person nor intended for barter, sale or hire and accompanying them upon their return to the
Philippines or arriving within ninety days before or after their return, the export value of which does not
exceed the amount of:

"P1,500 when the sojourn is not less than three months;

"P2,500 when the sojourn is not less than six months; or

"P3,000 when the sojourn is not less than one year.

 "Additional exemption shall be granted for books, professional instruments and implements belonging
to Filipino professionals, students and grantees of fellowships and scholarships returning to the
Philippines from training, studies and/or employment abroad, the export value of which does not
exceed the amount of one thousand pesos: Provided, That an additional exemption shall be granted
to returning Filipino Doctors of Medicine and Dentistry and other scientists for professional instruments
and implements related to their particular field of specialization as attested to by the respective
institutions of training, studies and/or employment, the export value of which does not exceed three
thousand pesos: Provided, further, That returning Filipino professionals, students and grantees of
fellowships and scholarship, shall present to the Commissioner of Internal Revenue a certificate
issued by the schools they have attended: Provided, finally, That such returning residents shall not
have previously received the benefits herein granted within one hundred and eighty days immediately
preceding their arrival.

"(f) Professional instruments and implements, tools of trade, occupation or employment, wearing
apparel, domestic animals, and personal and household effects belonging to persons coming to settle
for the first time in the Philippines, including citizens of the Philippines who have resided abroad for
not less than ten years, for their own use and not for barter, sale or exchange, accompanying such
persons, or arriving within ninety days before or after the arrival of their owners, upon the production
of evidence satisfactory to the Commissioner of Internal Revenue that such persons are actually
coming to settle in the Philippines, that the articles were brought from their former place of abode, that
change of residence is bona fide: Provided, That no merchandise of any kind, machinery or other
articles for use in manufacture, shall be classified under this subsection.

"(g) Articles used by officials and employees of the Philippine Government assigned abroad and
brought on their return to the Philippines by reason of transfer, resignation, or retirement, upon
specific instructions of the Secretary of Finance and upon the request of the returning official or
employee concerned: Provided, That the total acquisition cost of such articles does not exceed twenty
per centum of the total basic salary received from the Philippine Government during such tour of duty,
of not more than four years as certified by the Department concerned.

"If any article withdrawn from the customhouse of the post office without the payment of the
compensating tax is subsequently used by the importer for other purposes, corresponding entry
should be made in the books of accounts, if any are kept, or a written notice thereof sent to the
Commissioner of Internal Revenue and payment of the corresponding compensating tax made within
ten days from the date of such entry or notice. If the tax is not paid within such period, the amount of
the tax shall be increased by twenty-five per centum, the increment to form part of the tax.

"In the case of tax free articles brought or imported into the Philippines by persons, entities or
agencies, exempt from tax which are subsequently sold, transferred or exchanged in the Philippines to
non-exempt private persons or entities, the purchasers or recipients shall be considered the importers
thereof. The tax due on each articles shall constitute a lien on the article itself superior to all other
charges or liens, irrespective of the possessors thereof."

Section 2. This Act shall take effect upon its approval.

Approved: June 19, 1964

PRESIDENTIAL DECREE No. 968 July 24, 1976

ESTABLISHING A PROBATION SYSTEM, APPROPRIATING FUNDS THEREFOR AND FOR OTHER

PURPOSES

WHEREAS, one of the major goals of the government is to establish a more enlightened and humane
correctional systems that will promote the reformation of offenders and thereby reduce the incidence of
recidivism;

WHEREAS, the confinement of all offenders prisons and other institutions with rehabilitation programs
constitutes an onerous drain on the financial resources of the country; and

WHEREAS, there is a need to provide a less costly alternative to the imprisonment of offenders who are likely
to respond to individualized, community-based treatment programs;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers
vested in me by the Constitution, do hereby order and decree the following:

Section 1. Title and Scope of the Decree. This Decree shall be known as the Probation Law of 1976. It shall
apply to all offenders except those entitled to the benefits under the provisions of Presidential Decree
numbered Six Hundred and three and similar laws.

Section 2. Purpose. This Decree shall be interpreted so as to:

(a) promote the correction and rehabilitation of an offender by providing him with individualized
treatment;

(b) provide an opportunity for the reformation of a penitent offender which might be less probable if he
were to serve a prison sentence; and

(c) prevent the commission of offenses.

Section 3. Meaning of Terms. As used in this Decree, the following shall, unless the context otherwise
requires, be construed thus:

(a) "Probation" is a disposition under which a defendant, after conviction and sentence, is released
subject to conditions imposed by the court and to the supervision of a probation officer.

(b) "Probationer" means a person placed on probation.

(c) "Probation Officer" means one who investigates for the court a referral for probation or supervises
a probationer or both.

Section 4. Grant of Probation. Subject to the provisions of this Decree, the court may, after it shall have
convicted and sentenced a defendant and upon application at any time of said defendant, suspend the
execution of said sentence and place the defendant on probation for such period and upon such terms and
conditions as it may deem best.

Probation may be granted whether the sentence imposes a term of imprisonment or a fine only. An
application for probation shall be filed with the trial court, with notice to the appellate court if an appeal has
been taken from the sentence of conviction. The filing of the application shall be deemed a waver of the right
to appeal, or the automatic withdrawal of a pending appeal.

An order granting or denying probation shall not be appealable.

Section 5. Post-sentence Investigation. No person shall be placed on probation except upon prior
investigation by the probation officer and a determination by the court that the ends of justice and the best
interest of the public as well as that of the defendant will be served thereby.

Section 6. Form of Investigation Report. The investigation report to be submitted by the probation officer
under Section 5 hereof shall be in the form prescribed by the Probation Administrator and approved by the
Secretary of Justice.

Section 7. Period for Submission of Investigation Report. The probation officer shall submit to the court the
investigation report on a defendant not later than sixty days from receipt of the order of said court to conduct
the investigation. The court shall resolve the petition for probation not later than five days after receipt of said
report.

Pending submission of the investigation report and the resolution of the petition, the defendant may be
allowed on temporary liberty under his bail filed in the criminal case; Provided, That, in case where no bail
was filed or that the defendant is incapable of filing one, the court may allow the release of the defendant on
recognize the custody of a responsible member of the community who shall guarantee his appearance
whenever required by the court.

Section 8. Criteria for Placing an Offender on Probation. In determining whether an offender may be placed
on probation, the court shall consider all information relative, to the character, antecedents, environment,
mental and physical condition of the offender, and available institutional and community resources. Probation
shall be denied if the court finds that:

(a) the offender is in need of correctional treatment that can be provided most effectively by his
commitment to an institution; or

(b) there is undue risk that during the period of probation the offender will commit another crime; or

(c) probation will depreciate the seriousness of the offense committed.

Section 9. Disqualified Offenders. The benefits of this Decree shall not be extended to those:

(a) sentenced to serve a maximum term of imprisonment of more than six years;

(b) convicted of any offense against the security of the State;

(c) who have previously been convicted by final judgment of an offense punished by imprisonment of
not less than one month and one day and/or a fine of not less than Two Hundred Pesos;

(d) who have been once on probation under the provisions of this Decree; and

(e) who are already serving sentence at the time the substantive provisions of this Decree became
applicable pursuant to Section 33 hereof.

Section 10. Conditions of Probation. Every probation order issued by the court shall contain conditions
requiring that the probationer shall:

(a) present himself to the probation officer designated to undertake his supervision at such place as
may be specified in the order within seventy-two hours from receipt of said order;

(b) report to the probation officer at least once a month at such time and place as specified by said
officer.
The court may also require the probationer to:

(a) cooperate with a program of supervision;

(b) meet his family responsibilities;

(c) devote himself to a specific employment and not to change said employment without the prior
written approval of the probation officer;

(d) undergo medical, psychological or psychiatric examination and treatment and enter and remain in
a specified institution, when required for that purpose;

(e) pursue a prescribed secular study or vocational training;

(f) attend or reside in a facility established for instruction, recreation or residence of persons on
probation;

(g) refrain from visiting houses of ill-repute;

(h) abstain from drinking intoxicating beverages to excess;

(i) permit to probation officer or an authorized social worker to visit his home and place or work;

(j) reside at premises approved by it and not to change his residence without its prior written approval;
or

(k) satisfy any other condition related to the rehabilitation of the defendant and not unduly restrictive of
his liberty or incompatible with his freedom of conscience.

Section 11. Effectivity of Probation Order. A probation order shall take effect upon its issuance, at which time
the court shall inform the offender of the consequences thereof and explain that upon his failure to comply
with any of the conditions prescribed in the said order or his commission of another offense, he shall serve the
penalty imposed for the offense under which he was placed on probation.

Section 12. Modification of Condition of Probation. During the period of probation, the court may, upon
application of either the probationer or the probation officer, revise or modify the conditions or period of
probation. The court shall notify either the probationer or the probation officer of the filing such an application
so as to give both parties an opportunity to be heard thereon.

The court shall inform in writing the probation officer and the probationer of any change in the period or
conditions of probation.

Section 13. Control and Supervision of Probationer. The probationer and his probation program shall be
under the control of the court who placed him on probation subject to actual supervision and visitation by a
probation officer.

Whenever a probationer is permitted to reside in a place under the jurisdiction of another court, control over
him shall be transferred to the Executive Judge of the Court of First Instance of that place, and in such a case,
a copy of the probation order, the investigation report and other pertinent records shall be furnished said
Executive Judge. Thereafter, the Executive Judge to whom jurisdiction over the probationer is transferred
shall have the power with respect to him that was previously possessed by the court which granted the
probation.

Section 14. Period of Probation.

 (a) The period of probation of a defendant sentenced to a term of imprisonment of not more than one
year shall not exceed two years, and in all other cases, said period shall not exceed six years.

(b) When the sentence imposes a fine only and the offender is made to serve subsidiary imprisonment
in case of insolvency, the period of probation shall not be less than nor to be more than twice the total
number of days of subsidiary imprisonment as computed at the rate established, in Article thirty-nine
of the Revised Penal Code, as amended.

Section 15. Arrest of Probationer; Subsequent Disposition. At any time during probation, the court may issue
a warrant for the arrest of a probationer for violation of any of the conditions of probation. The probationer,
once arrested and detained, shall immediately be brought before the court for a hearing, which may be
informal and summary, of the violation charged. The defendant may be admitted to bail pending such hearing.
In such a case, the provisions regarding release on bail of persons charged with a crime shall be applicable to
probationers arrested under this provision. If the violation is established, the court may revoke or continue his
probation and modify the conditions thereof. If revoked, the court shall order the probationer to serve the
sentence originally imposed. An order revoking the grant of probation or modifying the terms and conditions
thereof shall not be appealable.

Section 16. Termination of Probation. After the period of probation and upon consideration of the report and
recommendation of the probation officer, the court may order the final discharge of the probationer upon
finding that he has fulfilled the terms and conditions of his probation and thereupon the case is deemed
terminated.

The final discharge of the probationer shall operate to restore to him all civil rights lost or suspend as a result
of his conviction and to fully discharge his liability for any fine imposed as to the offense for which probation
was granted.

The probationer and the probation officer shall each be furnished with a copy of such order.

Section 17. Confidentiality of Records. The investigation report and the supervision history of a probationer
obtained under this Decree shall be privileged and shall not be disclosed directly or indirectly to anyone other
than the Probation Administration or the court concerned, except that the court, in its discretion, may permit
the probationer of his attorney to inspect the aforementioned documents or parts thereof whenever the best
interest of the probationer make such disclosure desirable or helpful: Provided, Further, That, any government
office or agency engaged in the correction or rehabilitation of offenders may, if necessary, obtain copies of
said documents for its official use from the proper court or the Administration.

Section 18. The Probation Administration. There is hereby created under the Department of Justice an
agency to be known as the Probation Administration herein referred to as the Administration, which shall
exercise general supervision over all probationers.

The Administration shall have such staff, operating units and personnel as may be necessary for the proper
execution of its functions.

Section 19. Probation Administration. The Administration shall be headed by the Probation Administrator,
hereinafter referred to as the Administrator, who shall be appointed by the President of the Philippines. He
shall hold office during good behavior and shall not be removed except for cause.

The Administrator shall receive an annual salary of at least forty thousand pesos. His powers and duties shall
be to:

(a) act as the executive officer of the Administration;

(b) exercise supervision and control over all probation officers;

 (c) make annual reports to the Secretary of Justice, in such form as the latter may prescribe,
concerning the operation, administration and improvement of the probation system;

(d) promulgate, subject to the approval of the Secretary of Justice, the necessary rules relative to the
methods and procedures of the probation process;

(e) recommend to the Secretary of Justice the appointment of the subordinate personnel of his
Administration and other offices established in this Decree; and

(f) generally, perform such duties and exercise such powers as may be necessary or incidental to
achieve the objectives of this Decree.

Section 20. Assistant Probation Administrator. There shall be an Assistant Probation Administrator who shall
assist the Administrator perform such duties as may be assigned to him by the latter and as may be provided
by law. In the absence of the Administrator, he shall act as head of the Administration.

He shall be appointed by the President of the Philippines and shall receive an annual salary of at least thirty-
six thousand pesos.

Section 21. Qualifications of the Administrator and Assistant Probation Administrator. To be eligible for
Appointment as Administrator or Assistant Probation Administrator, a person must be at least thirty-five years
of age, holder of a master's degree or its equivalent in either criminology, social work, corrections, penology,
psychology, sociology, public administration, law, police science, police administration, or related fields, and
should have at least five years of supervisory experience, or be a member of the Philippine Bar with at least
seven years of supervisory experience.

Section 22. Regional Office; Regional Probation Officer. The Administration shall have regional offices
organized in accordance with the field service area patterns established under the Integrated Reorganization
Plan.

Such regional offices shall be headed by a Regional Probation Officer who shall be appointed by President of
the Philippines in accordance with the Integrated Reorganization Plan and upon the recommendation of the
Secretary of Justice.

The Regional Probation Officer shall exercise supervision and control over all probation officer within his
jurisdiction and such duties as may assigned to him by the Administrator. He shall have an annual salary of at
least twenty-four thousand pesos.

He shall, whenever necessary, be assisted by an Assistant Regional Probation Officer who shall also be
appointed by the President of the Philippines, upon recommendation of the Secretary of Justice, with an
annual salary of at least twenty thousand pesos.

Section 23. Provincial and City Probation Officers. There shall be at least one probation officer in each
province and city who shall be appointed by the Secretary of Justice upon recommendation of the
Administrator and in accordance with civil service law and rules.

The Provincial or City Probation Officer shall receive an annual salary of at least eighteen thousand four
hundred pesos.

His duties shall be to:

(a) investigate all persons referred to him for investigation by the proper court or the Administrator;
 (b) instruct all probationers under his supervision of that of the probation aide on the terms and
conditions of their probations;

(c) keep himself informed of the conduct and condition of probationers under his charge and use all
suitable methods to bring about an improvement in their conduct and conditions;

(d) maintain a detailed record of his work and submit such written reports as may be required by the
Administration or the court having jurisdiction over the probationer under his supervision;

(e) prepare a list of qualified residents of the province or city where he is assigned who are willing to
act as probation aides;

(f) supervise the training of probation aides and oversee the latter's supervision of probationers;

(g) exercise supervision and control over all field assistants, probation aides and other personnel; and

(h) perform such duties as may be assigned by the court or the Administration.

Section 24. Miscellaneous Powers of Provincial and City Probation Officers. Provincial or City Probation
Officers shall have the authority within their territorial jurisdiction to administer oaths and acknowledgments
and to take depositions in connection with their duties and functions under this Decree. They shall also have,
with respect to probationers under their care, the powers of police officer.

Section 25. Qualifications of Regional, Assistant Regional, Provincial, and City Probation Officers. No person
shall be appointed Regional or Assistant Regional or Provincial or City Probation Officer unless he possesses
at least a bachelor's degree with a major in social work, sociology, psychology, criminology, penology,
corrections, police science, administration, or related fields and has at least three years of experience in work
requiring any of the abovementioned disciplines, or is a member of the Philippine Bar with at least three years
of supervisory experience.

Whenever practicable, the Provincial or City Probation Officer shall be appointed from among qualified
residents of the province or city where he will be assigned to work.

Section 26. Organization. Within twelve months from the approval of this Decree, the Secretary of Justice
shall organize the administrative structure of the Administration and the other agencies created herein. During
said period, he shall also determine the staffing patterns of the regional, provincial and city probation offices
with the end in view of achieving maximum efficiency and economy in the operations of the probation system.

Section 27. Field Assistants, Subordinate Personnel, Provincial or City Probation Officers shall be assisted by
such field assistants and subordinate personnel as may be necessary to enable them to carry out their duties
effectively.

Section 28. Probation Aides. To assist the Provincial or City Probation Officers in the supervision of
probationers, the Probation Administrator may appoint citizens of good repute and probity to act as probation
aides.

Probation Aides shall not receive any regular compensation for services except for reasonable travel
allowance. They shall hold office for such period as may be determined by the Probation Administrator. Their
qualifications and maximum case loads shall be provided in the rules promulgated pursuant to this Decree.

Section 29. Violation of Confidential Nature of Probation Records. The penalty of imprisonment ranging from
six months and one day to six years and a fine ranging from hundred to six thousand pesos shall be imposed
upon any person who violates Section 17 hereof.
Section 30. Appropriations. There is hereby authorized the appropriation of the sum of Six Million Five
Hundred Thousand Pesos or so much as may be necessary, out of any funds in the National Treasury not
otherwise appropriated, to carry out the purposes of this Decree. Thereafter, the amount of at least Ten
Million Five Hundred Thousand Pesos or so much as may be necessary shall be included in the annual
appropriations of the national government.

Section 31. Repealing Clause. All provisions of existing laws, orders and regulations contrary to or
inconsistent with this Decree are hereby repealed or modified accordingly.

Section 32. Separability of Provisions. If any part, section or provision of this Decree shall be held invalid or
unconstitutional, no other parts, sections or provisions hereof shall be affected thereby.

Section 33. Effectivity. This Decree shall take effect upon its approval: Provided, However, That, the
application of its substantive provisions concerning the grant of probation shall only take effect twelve months
after the certification by the Secretary of Justice to the Chief Justice of the Supreme Court that the
administrative structure of the Probation Administration and of the other agencies has been organized.

DONE in the City of Manila, this 24th day of July in the year of Our Lord, nineteen hundred and seventy-six.

REPUBLIC ACT No. 10707

AN ACT AMENDING PRESIDENTIAL DECREE NO. 968, OTHERWISE KNOWN AS THE PROBATION
LAW OF 1976, AS AMENDED

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. Section 4 of Presidential Decree No. 968, as amended, is hereby further amended to read as
follows:

SEC. 4. Grant of Probation. Subject to the provisions of this Decree, the trial court may, after it shall have
convicted and sentenced a defendant for a probationable penalty and upon application by said defendant
within the period for perfecting an appeal, suspend the execution of the sentence and place the defendant on
probation for such period and upon such terms and conditions as it may deem best. No application for
probation shall be entertained or granted if the defendant has perfected the appeal from the judgment of
conviction: Provided, That when a judgment of conviction imposing a non-probationable penalty is appealed
or reviewed, and such judgment is modified through the imposition of a probationable penalty, the defendant
shall be allowed to apply for probation based on the modified decision before such decision becomes final.
The application for probation based on the modified decision shall be filed in the trial court where the
judgment of conviction imposing a non-probationable penalty was rendered, or in the trial court where such
case has since been re-raffled. In a case involving several defendants where some have taken further appeal,
the other defendants may apply for probation by submitting a written application and attaching thereto a
certified true copy of the judgment of conviction.

The trial court shall, upon receipt of the application filed, suspend the execution of the sentence imposed in
the judgment.

This notwithstanding, the accused shall lose the benefit of probation should he seek a review of the modified
decision which already imposes a probationable penalty.

Probation may be granted whether the sentence imposes a term of imprisonment or a fine only. The filing of
the application shall be deemed a waiver of the right to appeal.1wphi1

An order granting or denying probation shall not be appealable.

SECTION 2. Section 9 of the same Decree, as amended, is hereby further amended to read as follows:
SEC. 9. Disqualified Offenders. The benefits of this Decree shall not be extended to those:

a. sentenced to serve a maximum term of imprisonment of more than six (6) years;

b. convicted of any crime against the national security;

c. who have previously been convicted by final judgment of an offense punished by imprisonment of
more than six (6) months and one (1) day and/or a fine of more than one thousand pesos (P1,000.00);

d. who have been once on probation under the provisions of this Decree; and

e. who are already serving sentence at the time the substantive provisions of this Decree became
applicable pursuant to Section 33 hereof.

SECTION 3. Section 16 of the same Decree, as amended, is hereby further amended to read as follows:

SEC. 16. Termination of Probation. After the period of probation and upon consideration of the
report and recommendation of the probation officer, the court may order the final discharge of the
probationer upon finding that he has fulfilled the terms and conditions of his probation and thereupon
the case is deemed terminated.

The final discharge of the probationer shall operate to restore to him all civil rights lost or suspended
as a result of his conviction and to totally extinguish his criminal liability as to the offense for which
probation was granted.

The probationer and the probation officer shall each be furnished with a copy of such order.

SECTION 4. Section 24 of the same Decree is hereby amended to read as follows:

SEC. 24. Miscellaneous Powers of Regional, Provincial and City Probation Officers. Regional,
Provincial or City Probation Officers shall have the authority within their territorial jurisdiction to
administer oaths and acknowledgments and to take depositions in connection with their duties and
functions under this Decree. They shall also have, with respect to probationers under their care, the
powers of a police officer. They shall be considered as persons in authority.

SECTION 5. Section 27 of the same Decree is hereby amended to read as follows:

SEC. 27. Field Assistants, Subordinate Personnel. Regional, Provincial or City Probation Officers
shall be assisted by such field assistants and subordinate personnel as may be necessary to enable
them to carry out their duties effectively.

SECTION 6. Section 28 of the same Decree is hereby amended to read as follows:

SEC. 28. Volunteer Probation Assistants (VPAs). To assist the Chief Probation and Parole Officers
in the supervised treatment program of the probationers, the Probation Administrator may appoint
citizens of good repute and probity, who have the willingness, aptitude, and capability to act as VPAs.

VPAs shall not receive any regular compensation except for reasonable transportation and meal
allowances, as may be determined by the Probation Administrator, for services rendered as VPAs.

They shall hold office for a two (2)-year term which may be renewed or recalled anytime for a just
cause. Their functions, qualifications, continuance in office and maximum case loads shall be further
prescribed under the implementing rules and regulations of this Act.
 There shall be a reasonable number of VPAs in every regional, provincial, and city probation office. In
order to strengthen the functional relationship of VPAs and the Probation Administrator, the latter shall
encourage and support the former to organize themselves in the national, regional, provincial, and city
levels for effective utilization, coordination, and sustainability of the volunteer program.

SECTION 7. Separability Clause. If any provision of this Act is declared invalid, the provisions hereof not
affected by such declaration shall remain in full force and effect.

SECTION 8. Repealing Clause. All laws, executive orders, or administrative orders, rules and regulations
or parts thereof which are inconsistent with this Act are hereby amended, repealed or modified accordingly.

SECTION 9. Appropriations Clause. The amount necessary to carry out the provisions of this Act shall be
included in the General Appropriations Act of the year following its enactment into law.

SECTION 10. Implementing Rules and Regulations. Within sixty (60) days from the approval of this Act,
the Department of Justice shall promulgate such rules and regulations as may be necessary to carry out the
provisions of this Act.

SECTION 11. Effectivity. This Act shall take effect immediately after its publication in the Official Gazette or
in two (2) newspapers of general circulation.

PRESIDENTIAL DECREE No. 532 August 8, 1974

 ANTI-PIRACY AND ANTI-HIGHWAY ROBBERY LAW OF 1974

WHEREAS, reports from law-enforcement agencies reveal that lawless elements are still committing acts of
depredations upon the persons and properties of innocent and defenseless inhabitants who travel from one
place to another, thereby distributing the peace, order and tranquility of the nation and stunting the economic
and social progress of the people;

WHEREAS, such acts of depredations constitute either piracy or highway robbery/brigandage which are
among the highest forms of lawlessness condemned by the penal statutes of all countries; and,

WHEREAS, it is imperative that said lawless elements be discouraged from perpetrating such acts of
depredations by imposing heavy penalty on the offenders, with the end in view of eliminating all obstacles to
the economic, social, educational and community progress of the people;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers
vested in me by the Constitution and pursuant to proclamation No. 1081, dated September 21, 1972 and No.
1104, dated January 17, 1973 and General Order No. 1, dated September 22, 1972, do hereby order and
decree as part of the law of the land the following:

Section 1. Title. This Decree shall be known as the Anti-Piracy and Anti-Highway Robbery Law of 1974.

Section 2. Definition of Terms. The following terms shall mean and be understood, as follows:

a. Philippine Waters. It shall refer to all bodies of water, such as but not limited to, seas, gulfs, bays
around, between and connecting each of the Islands of the Philippine Archipelago, irrespective of its
depth, breadth, length or dimension, and all other waters belonging to the Philippines by historic or
legal title, including territorial sea, the sea-bed, the insular shelves, and other submarine areas over
which the Philippines has sovereignty or jurisdiction.

b. Vessel. Any vessel or watercraft used for transport of passengers and cargo from one place to
another through Philippine Waters. It shall include all kinds and types of vessels or boats used in
fishing.

c. Philippine Highway. It shall refer to any road, street, passage, highway and bridges or other parts
thereof, or railway or railroad within the Philippines used by persons, or vehicles, or locomotives or
trains for the movement or circulation of persons or transportation of goods, articles, or property or
both.

d. Piracy. Any attack upon or seizure of any vessel, or the taking away of the whole or part thereof or
its cargo, equipment, or the personal belongings of its complement or passengers, irrespective of the
value thereof, by means of violence against or intimidation of persons or force upon things, committed
by any person, including a passenger or member of the complement of said vessel, in Philippine
waters, shall be considered as piracy. The offenders shall be considered as pirates and punished as
hereinafter provided.

e. Highway Robbery/Brigandage. The seizure of any person for ransom, extortion or other unlawful
purposes, or the taking away of the property of another by means of violence against or intimidation of
person or force upon things of other unlawful means, committed by any person on any Philippine
Highway.

Section 3. Penalties. Any person who commits piracy or highway robbery/brigandage as herein defined,
shall, upon conviction by competents court be punished by:

a. Piracy. The penalty of reclusion temporal in its medium and maximum periods shall be imposed. If
physical injuries or other crimes are committed as a result or on the occasion thereof, the penalty of
 reclusion perpetua shall be imposed. If rape, murder or homicide is committed as a result or on the
occasion of piracy, or when the offenders abandoned the victims without means of saving themselves,
or when the seizure is accomplished by firing upon or boarding a vessel, the mandatory penalty of
death shall be imposed.

b. Highway Robbery/Brigandage. The penalty of reclusion temporal in its minimum period shall be
imposed. If physical injuries or other crimes are committed during or on the occasion of the
commission of robbery or brigandage, the penalty of reclusion temporal in its medium and maximum
periods shall be imposed. If kidnapping for ransom or extortion, or murder or homicide, or rape is
committed as a result or on the occasion thereof, the penalty of death shall be imposed.

Section 4. Aiding pirates or highway robbers/brigands or abetting piracy or highway robbery/brigandage. Any
person who knowingly and in any manner aids or protects pirates or highway robbers/brigands, such as giving
them information about the movement of police or other peace officers of the government, or acquires or
receives property taken by such pirates or brigands or in any manner derives any benefit therefrom; or any
person who directly or indirectly abets the commission of piracy or highway robbery or brigandage, shall be
considered as an accomplice of the principal offenders and be punished in accordance with the Rules
prescribed by the Revised Penal Code.

It shall be presumed that any person who does any of the acts provided in this Section has performed
knowingly, unless the contrary is proven.

Section 5. Repealing Clause. Pertinent portions of Act No. 3815, otherwise known as the Revised Penal
Code; and all laws, decrees, or orders or instructions, or parts thereof, insofar as they are inconsistent with
this Decree are hereby repealed or modified accordingly.

Section 6. Effectivity. This Decree shall take effect upon approval.

Done in the City of Manila, this 8th day of August, in the year of Our Lord, nineteen hundred and seventy-four.

R.A. 6235
 AN ACT PROHIBITING CERTAIN ACTS INIMICAL TO CIVIL AVIATION, AND FOR OTHER PURPOSES.

Section 1. It shall be unlawful for any person to compel a change in the course or destination of an aircraft of
Philippine registry, or to seize or usurp the control thereof, while it is in flight. An aircraft is in flight from the
moment all its external doors are closed following embarkation until any of such doors is opened for
disembarkation.

It shall likewise be unlawful for any person to compel an aircraft of foreign registry to land in Philippine territory
or to seize or usurp the control thereof while it is within the said territory.

Section 2. Any person violating any provision of the foregoing section shall be punished by an imprisonment
of not less than twelve years but not more than twenty years, or by a fine of not less than twenty thousand
pesos but not more than forty thousand pesos.

The penalty of imprisonment of fifteen years to death, or a fine of not less than twenty-five thousand pesos but
not more than fifty thousand pesos shall be imposed upon any person committing such violation under any of
the following circumstances:

1. Whenever he has fired upon the pilot, member of the crew or passenger of the aircraft;

2. Whenever he has exploded or attempted to explode any bomb or explosive to destroy the aircraft;
or

3. Whenever the crime is accompanied by murder, homicide, serious physical injuries or rape.

Section 3. It shall be unlawful for any person, natural or juridical, to ship, load or carry in any passenger
aircraft operating as a public utility within the Philippines, and explosive, flammable, corrosive or poisonous
substance or material.

Section 4. The shipping, loading or carrying of any substance or material mentioned in the preceding section
in any cargo aircraft operating as a public utility within the Philippines shall be in accordance with regulations
issued by the Civil Aeronautics Administration.

Section 5. As used in this Act

(1) "Explosive" shall mean any substance, either solid or liquid, mixture or single compound, which by
chemical reaction liberates heat and gas at high speed and causes tremendous pressure resulting in
explosion. The term shall include but not limited to dynamites, firecrackers, blasting caps, black
powders, bursters, percussions, cartridges and other explosive materials, except bullets for firearm.

(2) "Flammable" is any substance or material that is highly combustible and self-igniting by chemical
reaction and shall include but not limited to acrolein, allene, aluminum dyethyl monochloride, and
other aluminum compounds, ammonium chlorate and other ammonium mixtures and other similar
substances or materials.

(3) "Corrosive" is any substance or material, either liquid, solid or gaseous, which through chemical
reaction wears away, impairs or consumes any object. It shall include but not limited to alkaline battery
fluid packed with empty storage battery, allyl chloroformate, allytrichlorosilane, ammonium dinitro-
orthocresolate and other similar materials and substances.

(4) "Poisonous" is any substance or materials, except medicinal drug, either liquid, solid or gaseous,
which through chemical reactions kills, injuries or impairs a living organism or person, and shall
include but not limited to allyl isothiocyanate, ammunition (chemical, non-explosive but containing
Class A, B or poison), aniline oil, arsine, bromobenzyle cyanide, bromoacetone and other similar
substances or materials.
Section 6. Any violation of Section three hereof shall be punishable by an imprisonment of at least five years
but not more than ten years or by a fine of not less than ten thousand pesos but not more than twenty
thousand pesos: Provided, That if the violation is committed by a juridical person, the penalty shall be
imposed upon the manager, representative, director, agent or employee who violated, or caused, directed,
cooperated or participated in the violation thereof: Provided, further, That in case the violation is committed in
the interest of a foreign corporation legally doing business in the Philippines, the penalty shall be imposed
upon its resident agent, manager, representative or director responsible for such violation and in addition
thereto, the license of said corporation to do business in the Philippines shall be revoked.

Any violation of Section four hereof shall be an offense punishable with the minimum of the penalty provided
in the next preceding paragraph.

Section 7. For any death or injury to persons or damage to property resulting from a violation of Sections
three and four hereof, the person responsible therefor may be held liable in accordance with the applicable
provisions of the Revised Penal Code.

Section 8. Aircraft companies which operate as public utilities or operators of aircraft which are for hire are
authorized to open and investigate suspicious packages and cargoes in the presence of the owner or shipper,
or his authorized representatives if present; in order to help the authorities in the enforcement of the
provisions of this Act: Provided, That if the owner, shipper or his representative refuses to have the same
opened and inspected, the airline or air carrier is authorized to refuse the loading thereof.

Section 9. Every ticket issued to a passenger by the airline or air carrier concerned shall contain among
others the following condition printed thereon: "Holder hereof and his hand-carried luggage(s) are subject to
search for, and seizure of, prohibited materials or substances. Holder refusing to be searched shall not be
allowed to board the aircraft," which shall constitute a part of the contract between the passenger and the air
carrier.

Section 10. The Civil Aeronautics Administration is hereby directed to promulgate within one month after the
approval of this Act such regulations as are provided in Section four hereof and cause the publication of such
rules and regulations in the Official Gazette and in a newspaper of national circulation for at least once a week
for three consecutive weeks. Such regulations shall take effect fifteen days after publication in the Official
Gazette.

Section 11. This Act shall take effect after the publication mentioned in the preceding section.

Approved: June 19, 1971

Anti-Hijacking Law

ACTS PUNISHABLE:
1. By compelling a change in the course or destination of an aircraft of Philippine
registry, or seizing or usurping the control thereof while it is in flight;
2. By compelling an aircraft of foreign registry to land in Philippine territory or
seizing or usurping the control thereof while it is in the said territory; and
3. By shipping, loading, or carrying in any passenger aircraft operating as a public utility
w/in the Philippines, any explosive, flammable, corrosive or poisonous substance or material.

IN FLIGHT From the moment all exterior doors are closed following embarkation until the same
doors are again opened for disembarkation.

NOTES:

Where the aircraft is of Philippine registry, the offense must be committed while in
flight. Hence, the act must take place after all exterior doors are closed following
embarkation.

Where the aircraft is of foreign registry, offense need not take place while in
flight.

QUALIFYING CIRCUMSTANCES (Par 1 & 2):

1. Firing upon the pilot, member of the crew or passenger of the aircraft;
2. Exploding or attempting to explode any bomb or explosive to destroy the aircraft; or
3. The crime is accompanied by murder, homicide, serious physical injuries, or rape.

NOTES:

For firing upon to qualify the offense, offender must have actually fired
weapon. Mere attempt is not enough.

For firing upon to qualify the offense, offender need not succeed in hitting
pilot, crew member or passenger.

Anti hi-jacking is another kind of piracy which is committed in an aircraft. In

other countries, this crime is known as aircraft piracy.

Four situations governed by anti hi- jacking law:

(1)usurping or seizing control of an aircraft of Philippine registry while it

is in flight, compelling the pilots thereof to change the course or
destination of the aircraft;

(2)usurping or seizing control of an aircraft of foreign registry while within

Philippine territory, compelling the pilots thereof to land in any part
of Philippine territory;

(3)carrying or loading on board an aircraft operating as a public utility

passenger aircraft in the Philippines, any flammable, corrosive, explosive,
or poisonous substance; and
(4)loading, shipping, or transporting on board a cargo aircraft operating as a
public utility in the Philippines, any flammable, corrosive, explosive, or
poisonous substance if this was done not in accordance with the rules and
regulations set and promulgated by the Air Transportation Office on this matter.

The important thing is that before the anti hi-jacking law can apply, the aircraft must be in flight. If not
in flight, whatever crimes committed shall be governed by the Revised Penal Code.

PRESIDENTIAL DECREE No. 1613

AMENDING THE LAW ON ARSON

WHEREAS, findings of the police and intelligence agencies of the government reveal that fires and other
crimes involving destruction in Metro Manila and other urban centers in the country are being perpetrated by
criminal syndicates, some of which have foreign connections;

WHEREAS, the current law on arson suffers from certain inadequacies that impede the successful
enforcement and prosecution of arsonists;

WHEREAS, it is imperative that the high incidence of fires and other crimes involving destruction be
prevented to protect the national economy and preserve the social, economic and political stability of the
country;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers
vested in me by the Constitution, do hereby order and decree as part of the law of the land, the following:

Section 1. Arson. Any person who burns or sets fire to the property of another shall be punished by Prision
Mayor.

The same penalty shall be imposed when a person sets fire to his own property under circumstances which
expose to danger the life or property of another.

Section 2. Destructive Arson. The penalty of Reclusion Temporal in its maximum period to Reclusion
Perpetua shall be imposed if the property burned is any of the following:

1. Any ammunition factory and other establishment where explosives, inflammable or

combustible materials are stored.

2. Any archive, museum, whether public or private, or any edifice devoted to culture, education
or social services.

3. Any church or place of worship or other building where people usually assemble.

4. Any train, airplane or any aircraft, vessel or watercraft, or conveyance for transportation of
persons or property

4. Any building where evidence is kept for use in any legislative, judicial, administrative or
other official proceedings.

5. Any hospital, hotel, dormitory, lodging house, housing tenement, shopping center, public or
private market, theater or movie house or any similar place or building.

6. Any building, whether used as a dwelling or not, situated in a populated or congested area.
Section 3. Other Cases of Arson. The penalty of Reclusion Temporal to Reclusion Perpetua shall be imposed
if the property burned is any of the following:

1. Any building used as offices of the government or any of its agencies;

2. Any inhabited house or dwelling;

3. Any industrial establishment, shipyard, oil well or mine shaft, platform or tunnel;

4. Any plantation, farm, pastureland, growing crop, grain field, orchard, bamboo grove or
forest;

4. Any rice mill, sugar mill, cane mill or mill central; and

5. Any railway or bus station, airport, wharf or warehouse.

Section 4. Special Aggravating Circumstances in Arson. The penalty in any case of arson shall be imposed in
its maximum period;

1. If committed with intent to gain;

2. If committed for the benefit of another;

3. If the offender is motivated by spite or hatred towards the owner or occupant of the property
burned;

4. If committed by a syndicate.

The offense is committed by a syndicate if its is planned or carried out by a group of three (3) or more
persons.

Section 5. Where Death Results from Arson. If by reason of or on the occasion of the arson death results, the
penalty of Reclusion Perpetua to death shall be imposed.

Section 6. Prima Facie evidence of Arson. Any of the following circumstances shall constitute prima facie
evidence of arson:

1. If the fire started simultaneously in more than one part of the building or establishment.

2. If substantial amount of flammable substances or materials are stored within the building
note necessary in the business of the offender nor for household us.

3. If gasoline, kerosene, petroleum or other flammable or combustible substances or materials

soaked therewith or containers thereof, or any mechanical, electrical, chemical, or electronic
contrivance designed to start a fire, or ashes or traces of any of the foregoing are found in the
ruins or premises of the burned building or property.

4. If the building or property is insured for substantially more than its actual value at the time of
the issuance of the policy.

4. If during the lifetime of the corresponding fire insurance policy more than two fires have
occurred in the same or other premises owned or under the control of the offender and/or
insured.
 5. If shortly before the fire, a substantial portion of the effects insured and stored in a building
or property had been withdrawn from the premises except in the ordinary course of business.

6. If a demand for money or other valuable consideration was made before the fire in
exchange for the desistance of the offender or for the safety of the person or property of the
victim.

Section 7. Conspiracy to commit Arson. Conspiracy to commit arson shall be punished by Prision Mayor in its
minimum period.

Section 8. Confiscation of Object of Arson. The building which is the object of arson including the land on
which it is situated shall be confiscated and escheated to the State, unless the owner thereof can prove that
he has no participation in nor knowledge of such arson despite the exercise of due diligence on his part.

Section 9. Repealing Clause. The provisions of Articles 320 to 326-B of the Revised Penal Code and all laws,
executive orders, rules and regulations, or parts thereof, inconsistent with the provisions of this Decree are
hereby repealed or amended accordingly.

Section 10. Effectivity. This Decree shall take effect immediately upon publication thereof at least once in a
newspaper of general circulation.

Done in the City of Manila, this 7th day of March, in the year of Our Lord, nineteen hundred and seventy-nine.