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2. RA9745
3. RA 9372
4. RA 8353
5. RA9775
6. RA 9262
7. RA 7610
8. RA 9231
a. RA 9231
b. RA 7658
9. RA 6955
10. RA 7877
11. RA 8484

1. RA 8049 - THE ANTI-HAZING LAW

I. A. What is the concept of hazing?

As used in the law, hazing and initiation are interchangeably used. From the title "An Act Regulating
Hazing and Other Forms of Initiations Rites in Fraternities, Sororities and Organizations and Providing Penalties
Therefore," hazing is allowed if it is regulated.

The following are the elements in the violation of the law:

1. The act is a prerequisite for admission into membership in a fraternity, sorority or organization; hence,
if the victim is already a member, there is no violation of the anti-hazing law but the illegal act is punishable by
the Revised Penal Code;

2. The recruit, neophyte or applicant is placed in either of the following situations:

a. embarrassing situation;
b. humiliating situation;
c. is subjected to physical suffering or injury; or
d. is subjected to psychological suffering or injury

B. When is it not hazing?

If the purpose is simply to embarrass, humiliate or subject the victim to physical or psychological
suffering not as a condition for admission into the group, there is no violation of the anti-hazing law but of the
provisions of the Revised Penal Code, like but not limited to, unjust vexation, physical injuries, coercion, threats,
etc.

II. What are the humiliating/embarrassing situations?

Examples are forcing the neophyte to do menial, silly or foolish acts and similar tasks or activities. The
law specifically mentions placing the neophyte in a humiliating or embarrassing situation which means that the
situation is the determining factor in the violation, and not the circumstance of whether he is humiliated or not

III. Is there an exception to the application of the anti-hazing law?

The Physical, mental and psychological testing and training procedure and practices to determine and
enhance the physical, mental and psychological fitness of prospective regular members of the Armed Forces of
the Philippines and the Philippine National Police as approved and duly recommended by appropriate officials.
The officer and cadet corps of Citizens Military Training or Citizen's Army Training are covered by the Anti-
Hazing Law since they are not prospective regular members of the military. The fraternities, organizations or
dubs in the AFP, PMA and PNP are also covered by the law.

IV. When is hazing or initiation allowed?

The following must be present:

1. The organization must secure a written notice to the school authorities at least seven (7) days before
the conduct of the initiation;
2. The period of the initiation shall not exceed three (3) days;
3. The names and ages of those to be initiated must be included;
V. Who are liable in case of physical injuries or death?

A. What is the liability of the actual participants?

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The officers and members who actually participated in the infliction of physical harm shall be liable as
principals. They shall suffer a penalty ranging from reclusion perpetua (from 20 years and 1 day to 40 years
imprisonment) if death, sodomy, rape or mutilation results therefrom, to prison correccional in its maximum
(from 4 years, 2 months and 1 day to 6 years imprisonment) even if the injuries do not prevent the victim from
engaging in his habitual activity or work nor require medical attendance.

B. What is the liability of the owner of the place where hazing was conducted?

1. He is liable as an accomplice (if he is not a parent of any officer or member of the fraternity); or
2. He is liable as a principal (if he is a parent of any officer or member of the fraternity); but in both
cases he has actual knowledge thereof but failed to take any action to prevent the illegal act from occurring.

C. What is the liability of the school authorities and faculty members?

They are liable as accomplices

1. If they consent to the hazing, or

2. If they have actual knowledge thereof but failed to take any action to prevent the same from
occurring in both cases.

D. What is the liability of the adviser?

1. If he is present when the acts constituting hazing were committed and failed to take any action to
prevent the same from occurring, he is liable as a principal.
2. If he is not present but consents to the hazing, he is liable as accomplice.
3. If he is not present but has actual knowledge of the hazing but failed to take any action to prevent the
same, he is liable as accomplice.

E. What is the liability of officers of the fraternity even if they are absent during the hazing?

If they are part of the planning or if they actually planned it, they shall be liable as principals.

F. Are outsiders liable?

Outsiders, like former officers or alumni, even if they are absent during the hazing are liable as principals
if they actually planned it

G. Are members of the fraternity who merely recruit or induce a neophyte liable?

The officers or members, who knowingly cooperated in carrying out the hazing by inducing the victim to
be present thereat, shall be liable as principals.

H. Is anybody who is merely present during the hazing liable?

Anybody who is present during the hazing may be liable as principal. The law says that mere presence is
a prima facie evidence of participation in the hazing as principal unless he shows that he prevented the
commission of the illegal acts. This means that he has the burden of proving that he is innocent of the crime
charged.

I. Are there other people who are liable for violation of the law?

The President, manager, director or other responsible officers of a corporation engaged in hazing as a
requirement for employment in the manner provided by the law.

VI. Is there a need for a finding of guilt by the courts before school officials can impose the penalty provided in
the student handbook against their erring student?

No. The proceedings in school disciplinary boards are only administrative. It is enough that the penalty is
based on substantial evidence (not evidence beyond reasonable doubt as required in criminal cases).

VII. What are the aggravating circumstances that the court shall consider in imposing the maximum penalty?

1. When the recruitment is accompanied by force, violence, threats or intimidation or deceit on the
person who refuses to join;
2. When the recruit initially consents to join but is prevented from quitting upon learning that hazing
will be committed;
3. When die recruit has undergone hazing is prevented from reporting the unlawful acts to his parents or
guardians or the proper authorities through force, violence, threats or intimidation;
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4. When the hazing is committed outside the school;

5. When the victim is below 12 years old.
VIII. Who is an accomplice?

He is one who merely cooperated in the commission of illegal acts by previous or simultaneous
acts. He does not have a previous agreement in the commission of the crime with the principal (the
violator), or an understanding in the commission of die illegal act with die principal, or is not in
conspiracy with the principal. His penalty is one degree lower than that provided for the principal.

IX. Observation the Anti-Hazing Law does not provide penalties in the following situations:

When the victim suffers psychologically, or when he is placed in a humiliating or embarrassing situation.
Only when there are physical injuries or death that the violator is penalized. It is suggested that the Student
Handbook shall be reviewed to provide die necessary penalties to cover these lapses in die law. To understand
fully the implication of the Anti-Hazing Law, a comparison between die penalties and the designation of die
crime under die Revised Penal Code and die Anti-Hazing Law is necessary. Under die Revised Penal Code, when
unintentional death results from hazing, the act is only imprudence and the penalty is only prision correccional
in its medium period or an imprisonment of from 2 years, 4 months and 1 day to 4 years and 2 months. In the
Anti-Hazing Law, which was approved on June 7, 1995, the penalty is reclusion perpetua.

2. R.A. 9372. AN ACT TO SECURE THE STATE AND PROTECT OUR PEOPLE FROM TERRORISM
(THE HUMAN SECURITY ACT OF 2007)

1. It created the crime known as terrorism and declared it to be “a crime against the Filipino people, against
humanity, and against the law of nations”.
II. Defines the crime of terrorism to be the commission of “any of the crimes of:
A. Under the Revised Penal Code.
i. Piracy in general and Mutiny in the High Seas or in the Philippine Waters
ii. rebellion
iii. Coup d’etat
iv. Murder
v. Kidnapping and Serious Illegal Detention
B. Under Special Laws
i. Arson under P.D. 1613
ii. Violation of R.A. 6969 (Toxic Substance ad Nuclear Waste Control)
iii. R.A. 5207 ( Atomic Energy Regulatory and Liability Act of 1968)
iv. Hijacking
v. Piracy in Phil. Waters and Highway Robbery
vi. P.D. 1866 ( Possession and Manufacture of Firearms/explosives) thereby sowing and creating a
condition of widespread and extraordinary fear and panic among the populace, in order to coerce the
government to give in to an unlawful demand”
III. Requirements for Terrorism
A. The accused (maybe a single individual or a group) must commit any of the enumerated crimes
B. There results a condition of widespread and extraordinary fear and panic among the populace
i. The extent and degree of fear and panic, including the number of people affected in order to meet
the term “populace”, are questions of facts to be determined by the courts and on a case to case basis.
ii. Is the term “populace’ to be interpreted as referring to the local inhabitants where the acts were
committed, or does it refer to the national population?
C. The purpose of the accused must be to coerce the government to give into an unlawful demand
i. The word “demand” is too broad as to cover not only political, criminal or monetarial demands but
also those which maybe categorized as social or economic. This however is qualified by the word “
unlawful”.
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IV. Other Acts/Persons Liable

A. Conspiracy to commit terrorism. The penalty is the same as terrorism itself ( i.e. 40 years of imprisonment)
B. Accomplices- he cooperates in the execution of either terrorism or conspiracy to commit terrorism by
previous or simultaneous acts (Penalty is 17 yrs. 4 months and one day to 20 years)
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 years
1. The law however adopts the absolutory cause of exemption of accessories from liability with respect to
their relatives
V. Surveillance of Suspects and Interception and Recording of Communications
A. Authorizes the grant of Judicial Authorization to listen, intercept, and record, any communication,
message, conversation, discussion, or of spoken or written words between members of (i) a judicially
declared and outlawed terrorist organization or association or group, or (ii) of any person charged with or
suspected of the crime of terrorism or conspiracy to commit terrorism
1. The Judicial Authorization can only be issued by the Court of Appeals (a) upon a written application
filed by a police or law enforcement official or members of his team and (b). after an ex parte hearing
establishing (c). probable cause that terrorism/conspiracy to commit terrorism has been committed, or is
being committed, or is about to be committed ( note that the wording is not attempted)
2. The applicant must have been authorized in writing to file the application by the Anti Terrorism
Council (The Body created to implement the law and assume responsibility for the effective
implementation of the anti-terrorism policy of the country)
3. The Judicial Authority is effective for a maximum period not to exceed 30 days from date of receipt of
the written order and may be extended for another similar period
B. Punishes the act of failure to notify the person subject of the surveillance, monitoring or interception, if no
case was filed within the 30 day period/life time of the Order of Court authorizing the surveillance
C. Punishes any person who conducts any unauthorized or malicious interceptions and or recording of any
form of communications, messages, conversations, discussions or spoken or written words
VI. Provides for a Judicial Declaration of Terrorists and Outlawed organization, association, or group of persons,
by any RTC upon application by the DOJ and upon prior notice to the group affected.
VII. Procedure when a suspected terrorist is arrested
A. A suspected terrorist maybe arrested by any law enforcement personnel provided:
1. The law enforcement agent was duly authorized in writing by the Anti Terrorism Council
2. The arrest was the result of a surveillance or examination of bank deposits
B. Upon arrest and prior to actual detention, the law enforcement agent must present the suspected terrorist
before any judge at the latter’s residence or office nearest the place of arrest, at any time of the day or night.
The judge shall, within three days, submit a written report of the presentation to the court where the suspect
shall have been charged.
C. Immediately after taking custody of a person charged or suspected as a terrorist, the police or law
enforcement personnel shall notify in writing the judge of the nearest place of apprehension or arrest, but if
the arrest is made during non-office days or after office hours, the written notice shall be served at the nearest
residence of the judge nearest the place of arrest
D. Failure to notify in writing is punished by 10 years and one day to12 years of imprisonment
VIII. Period of Detention has been extended to three days
A. The three day period is counted from the moment the person charged or suspected as terrorist has been
apprehended or arrested, detained and taken into custody
B. In the event of an actual or imminent terrorist attack, suspects may not be detained for more than three
days without the written approval of the Human Rights Commission, or judge of the MTC RTC,
Sandiganbayan or Court of Appeals nearest the place of arrest
C. If arrest was on a nonworking day or hour, the person arrested shall be brought to the residence of any of
the above named officials nearest the place of arrest.
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D. Failure to deliver the person charged or suspected as terrorists to the proper judicial; authority within
three days is punished by 10 years and one day to 12 years.
IX. Other Acts Punished as Offenses (punished by imprisonment of 10 years and one day to 12 years) which acts
are related to the arrest/detention of suspected terrorists
A. Violation of the rights of a person detained
1. Right to be informed of the nature and cause of the arrest; to remain silent; to counsel
2. To communicate and confer with counsel at any time without restriction
3. To communicate at any time and without restrictions with members of family or relatives and be visited
by them
4. To avail of the services of a physician of choice

B. Offenses relating to an official log book:

1. Failure to keep official logbook detailing the name of the person arrested the date and time of initial
admission for custody and arrest; state of his health; date and time of removal from his cell, and his return
thereto; date and time of visits and by whom; all other important data bearing on his treatment while
under arrest and custody
2. Failure to promptly issue a certified true copy of the entries of the log book
C. Using threat, intimidation, coercion, inflicting physical pain, or torment or mental emotional, moral or
psychological pressure which shall vitiate the free will
D. Punishes Infidelity in the Custody of Detained Persons
1. The penalty is 12 years and one day to 20 years if the person detained is a prisoner by final judgment
2. The penalty is 6 years and one day to 12 years if the prisoner is a detention prisoner
E. Punishes the act of knowingly furnishing False Testimony, forged document or spurious evidence in any
investigation or hearing under the law (12 yrs and one day to 20 years)
X. Prosecution under the Law is a bar to another prosecution under the Revised Penal code or any other special
law for any offense or felony which is necessarily included in the offense charged under the law
XI. If the suspect is acquitted he is entitled to P500, 000.00 for every day of detention without a warrant of
arrest.
A. Any person who delays the release or refuses to release the amount shall be punished by imprisonment of
6 months
XII. Provisions on the Identity of the Informant
A. The officer to whom the name of the suspect was first reveled shall record the real name and specific
address of the informant and shall report the same to his superior officer who shall in turn transmit the
information to the Congressional Oversight Committee within 5 days after the suspect was placed under
arrest, or his properties sequestered seized or frozen.
B. The data shall be considered confidential and shall not be unnecessarily revealed until after the
proceedings against the suspect shall have been terminated.
(NOTE: It would seem that the confidentiality of the informant’s identity is not permanent but may be
revealed, not like the provisions of the Rules of Evidence which considers the confidentiality as permanent)
XIII. Territorial Application of the law:
The law applies to any person who commits an act covered by the law if committed:
A. Within the terrestrial domain, interior waters, maritime zone and airspace of the Philippines
B. Inside the territorial limits of the Philippines
C. On board a Philippine ship or airship
D. Within any embassy, consulate, diplomatic premises belonging to or occupied by the Philippine
government in an official capacity
E. against Philippine citizens or persons of Philippine descent where their citizenship or ethnicity was a factor
in the commission of the crime
F. Directly against the Philippine government.
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XIV. The provisions of the law shall be automatically suspended one month before and two months after the
holding of any election.

3. REPUBLIC ACT 8353 THE ANTI-RAPE LAW OF 1997

AN ACT EXPANDING THE DEFINITION OF THE CRIME OF RAPE, RECLASSIFYING THE SAME AS A CRIME
AGAINST PERSONS, AMENDING FOR THE PURPOSE ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN
AS THE REVISED PENAL CODE, AND FOR THE PURPOSES

Section 1. Short Title. - This Act shall be known as The Anti-Rape Law of 1997.

Sec. 2. Rape as a Crime Against Persons. - The crime of rape shall hereafter be classified as a Crime Against
Persons under Title Eight of Act No. 3815, as amended, otherwise known as the Revised Penal Code.
Accordingly, there shall be incorporated into Title Eight of the same Code a new chapter to be known as
Chapter Three on Rape, to read as follows:

Chapter Three. Rape

Article 266-A. Rape: When and How Committed. - Rape is committed:

1. By a man who shall have carnal knowledge of a woman under any of the following circumstances:
a. Through force, threat, or intimidation;

b. When the offended party is deprived of reason or otherwise unconscious;

c. By means of fraudulent machination or grave abuse of authority; and

d. When the offended party is under twelve (12) years of age or is demented, even though none of the
circumstances mentioned above be present.

2. By any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall commit an act of
sexual assault by inserting his penis into another person's mouth or anal orifice, or any instrument or object, into
the genital or anal orifice of another person.

Article 266-B. Penalty. - Rape under paragraph 1 of the next preceding article shall be punished by reclusion
perpetua.

Whenever the rape is committed with the use of a deadly weapon or by two or more persons, the penalty shall
be reclusion perpetua to death.

When by reason or on the occasion of the rape, the victim has become insane, the penalty shall become
reclusion perpetua to death.

When the rape is attempted and a homicide is committed by reason or on the occasion thereof, the penalty
shall be reclusion perpetua to death.

When by reason or on the occasion ofthe rape, homicide is committed, the penalty shall be death.

The death penalty shall also be imposed if the crime of rape is committed with any of the following
aggravating/qualifying circumstances:

l. When the victim is under eighteen (18) years of age and the offender is a parent, ascendant, step-parent,
guardian, relative by consanguinity or affinity within the third civil degree, or the common-law spouse of the
parent of the victim;

2. When the victim is under the custody of the police or military authorities or any law enforcement or penal
institution;

3. When the rape is committed in full view of the spouse, parent, any of the children or other relatives within
the third civil degree of consanguinity;

4. When the victim is a religious engaged in legitimate religious vocation or calling and is personally known to
be such by the offender before or at the time of the commission of the crime;
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5. When the victim is a child below seven (7) years old;

6. When the offender knows that he is afflicted with the Human Immuno-Deficiency Virus (HIV)/Acquired
Immune Deficiency Syndrome (AIDS) or any other sexually transmissible disease and the virus or disease is
transmitted to the victim;

7. When committed by any member of the Armed Forces of the Philippines or para-military units thereof or the
Philippine National Police or any law enforcement agency or penal institution, when the offender took
advantage of his position to facilitate the commission of the crime;

8. When by reason or on the occasion of the rape, the victim has suffered permanent physical mutilation or
disability;

9. When the offender knew of the pregnancy of the offended party at the time of the commission of the crime;
and

10. When the offender knew of the mental disability, emotional disorder and/or physical handicap of the
offended party at the time of the commission of the crime.

Rape under paragraph 2 of the next preceding article shall be punished by prision mayor.

Whenever the rape is committed with the use of a deadly weapon or by two or more persons, the penalty shall
be prision mayor to reclusion temporal.

When by reason or on the occasion of the rape, the victim has become insane, the penalty shall be reclusion
temporal.

When the rape is attempted and a homicide is committed by reason or on the occasion thereof, the penalty
shall be reclusion temporal to reclusion perpetua.

When by reason or on the occasion of the rape, homicide is committed, the penalty shall be reclusion perpetua.

Reclusion temporal shall be imposed if the rape is committed with any of the ten aggravating/ qualifying
circumstances mentioned in this article.

Article 266-C. Effect of Pardon. - The subsequent valid marriage between the offended party shall extinguish the
criminal action or the penalty imposed.

In case it is the legal husband who is the offender, the subsequent forgiveness by the wife as the offended party
shall extinguish the criminal action or the penalty: Provided, That the crime shall not be extinguished or the
penalty shall not be abated if the marriage is void ab initio.

Article 266-D. Presumptions. - Any physical overt act manifesting resistance against the act of rape in any degree
from the offended party, or where the offended party is so situated as to render her/him incapable of giving
valid consent, may be accepted as evidence in the prosecution of the acts punished under Article 266-A."

Sec. 3. Separability Clause. - If any part, Sec., or provision of this Act is declared invalid or unconstitutional, the
other parts thereof not affected thereby shall remain valid.

Sec. 4. Repealing Clause. - Article 336 of Act No. 3815, as amended, and all laws, acts, presidential decrees,
executive orders, administrative orders, rules and regulations inconsistent with or contrary to the provisions of
this Act are deemed amended, modified or repealed accordingly.

Sec. 5. Effectivity. - This Act shall take effect fifteen (15) days after completion of its publication in two (2)
newspapers of general circulation

4. REPUBLIC ACT 9775 ANTI-CHILD PORNOGRAPHY ACT OF 2009

AN ACT DEFINING THE CRIME OF CHILD PORNOGRAPHY, PRESCRIBING PENALTIES THEREFOR AND FOR
OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
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Section 1. Short Title. - This Act shall be known as the "Anti-Child Pornography Act of 2009."

Section 2. Declaration of Policy. - The State recognizes the vital role of the youth in nation building and shall
promote and protect their physical, moral, spiritual, intellectual, emotional, psychological and social well-being.
Towards this end, the State shall:

a. Guarantee the fundamental rights of every child from all forms of neglect, cruelty and other
conditions prejudicial to his/her development;
b. Protect every child from all forms of exploitation and abuse including, but not limited to:

1. The use of a child in pornographic performances and materials; and

2. The inducement or coercion of a child to engage or be involved in pornography through
whatever means; and

c. Comply with international treaties to which the Philippines is a signatory or a State party concerning
the rights of children which include, but not limited to, the Convention on the Rights of the Child, the Optional
Protocol to the Convention on the Rights of the Child of the Child on the Sale of Children, Child Prostitution
and Child Pornography, the International Labor Organization (ILO) Convention No.182 on the Elimination of
the Worst Forms of Child Labor and the Convention Against Transnational Organized Crime.

Section 3. Definition of Terms. -

a. Child - refers to a person below eighteen (18) years of age or over, but is unable to fully take care of
himself/herself from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental
disability or condition.

For the purpose of this Act, a child shall also refer to:
1. a person regardless of age who is presented, depicted or portrayed as a child as defined herein; and
2. computer-generated, digitally or manually crafted images or graphics of a person who is represented
or who is made to appear to be a child as defined herein.

b. Child pornography - refers to any representation, whether visual, audio, or written combination
thereof, by electronic, mechanical, digital, optical, magnetic or any other means, of child engaged or involved in
real or simulated explicit sexual activities.
c. Explicit Sexual Activity" includes actual or simulated -
1. As to form:
(i) sexual intercourse or lascivious act including, but not limited to, contact involving genital to genital,
oral to genital, anal to genital, or oral to anal, whether between persons of the same or opposite sex;
2. bestiality;
3. masturbation;
4. sadistic or masochistic abuse;
5. lascivious exhibition of the genitals, buttocks, breasts, pubic area and/or anus; or
6. use of any object or instrument for lascivious acts
d. Internet address" refers to a website, bulletin board service, internet chat room or news group, or any
other internet or shared network protocol address.

(e) "Internet cafe or kiosk" refers to an establishment that offers or proposes to offer services to the
public for the use of its computer/s or computer system for the purpose of accessing the internet,
computer games or related services.

(f) "Internet content host" refers to a person who hosts or who proposes to host internet content in the
Philippines.

(g) "Internet service provider (ISP)" refers to a person or entity that supplies or proposes to supply, an
internet carriage service to the public.

(h) Grooming - refers to the act of preparing a child or someone who the offender believes to be a child
for sexual activity or sexual relationship by communicating any form of child pornography. It includes
online enticement or enticement through any other means.
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(i) Luring - refers to the act of communicating, by means of a computer system, with a child or someone
who the offender believes to be a child for the purpose of facilitating the commission of sexual activity
or production of any form of child pornography.(2) Bestiality;

(j) "Pandering" refers to the act of offering, advertising, promoting, representing or distributing through
any means any material or purported material that is intended to cause another to believe that the
material or purported material contains any form of child pornography, regardless of the actual content
of the material or purported material.

(k) "Person" refers to any natural or juridical entity.

Section 4. Unlawful or Prohibited Acts. - It shall be unlawful for any person:

(a) To hire, employ, use, persuade, induce or coerce a child to perform in the creation or production of
any form of child pornography;

(b) To produce, direct, manufacture or create any form of child pornography;

(c) To publish offer, transmit, sell, distribute, broadcast, advertise, promote, export or import any form
of child pornography;

(d) To possess any form of child pornography with the intent to sell, distribute, publish, or broadcast:
Provided. That possession of three (3) or more articles of child pornography of the same form shall be
prima facie evidence of the intent to sell, distribute, publish or broadcast;

(e) To knowingly, willfully and intentionally provide a venue for the commission of prohibited acts as,
but not limited to, dens, private rooms, cubicles, cinemas, houses or in establishments purporting to be a
legitimate business;

(f) For film distributors, theaters and telecommunication companies, by themselves or in cooperation
with other entities, to distribute any form of child pornography;

(g) For a parent, legal guardian or person having custody or control of a child to knowingly permit the
child to engage, participate or assist in any form of child pornography;

(h) To engage in the luring or grooming of a child;

(i) To engage in pandering of any form of child pornography;

(j) To willfully access any form of child pornography;

(k) To conspire to commit any of the prohibited acts stated in this section. Conspiracy to commit any
form of child pornography shall be committed when two (2) or more persons come to an agreement
concerning the commission of any of the said prohibited acts and decide to commit it; and

(l) To possess any form of child pornography.

Section 5. Syndicated Child Pornography - The crime of child pornography is deemed committed by a syndicate
if carried out by a group of three (3) or more persons conspiring or confederating with one another and shall be
punished under Section 15(a) of this Act.

Section 6. Who May File a Complaint. - Complaints on cases of any form of child pornography and other
offenses punishable under this Act may be filed by the following:
(a) Offended party;
(b) Parents or guardians;
(c) Ascendant or collateral relative within the third degree of consanguinity;
(d) Officer, social worker or representative of a licensed child-caring institution;
(e) Officer or social worker of the Department of Social Welfare and Development (DSWD);
(f) Local social welfare development officer;
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(g) Barangay chairman;

(h) Any law enforcement officer;
(i) At least three (3) concerned responsible citizens residing in the place where the violation occurred; or
(j) Any person who has personal knowledge of the circumstances of the commission of any offense
under this Act.
Section 7. Appointment of Special Prosecutors. - The Department of Justice (DOJ) shall appoint or designate
special prosecutors to prosecute cases for the violation of this Act.

Section 8. Jurisdiction. - Jurisdiction over cases for the violation of this Act shall be vested in the Family Court
which has territorial jurisdiction over the place where the offense or any of its essential elements was committed
pursuant to Republic Act No. 8369, otherwise known as "Family Courts Act of 1997".

Section 9. Duties of an Internet Service Provider (ISP). - All internet service providers (ISPs) shall notify the
Philippine National Police (PNP) or the National Bureau of Investigation (NBI) within seven (7) days from
obtaining facts and circumstances that any form of child pornography is being committed using its server or
facility. Nothing in this section may be construed to require an ISP to engage in the monitoring of any user,
subscriber or customer, or the content of any communication of any such person: Provided, That no ISP shall be
held civilly liable for damages on account of any notice given in good faith in compliance with this section.
Furthermore, an ISP shall preserve such evidence for purpose of investigation and prosecution by relevant
authorities.

An ISP shall, upon the request of proper authorities, furnish the particulars of users who gained or attempted to
gain access to an internet address which contains any form of child pornography.

All ISPs shall install available technology, program or software to ensure that access to or transmittal of any form
of child pornography will be blocked or filtered.

An ISP who shall knowingly, willfully and intentionally violate this provision shall be subject to the penalty
provided under Section 15(k) of this Act.

The National Telecommunications Commission (NTC) shall promulgate within ninety (90) days from the
effectivity of this Act the necessary rules and regulations for the implementation of this provision which shall
include, among others, the installation of filtering software that will block access to or transmission of any form
of the child pornography.

Section 10. Responsibility of Mall Owners/Operators and Owners or Lessors of Other Business Establishments. -
All mall owners/operators and owners or lessors of other business establishments shall notify the PNP or the NBI
within seven (7) days from obtaining facts and circumstances that child pornography is being committed in their
premises. Provided, That public display of any form of child pornography within their premises is a conclusive
presumption of the knowledge of the mall owners/operators and owners or lessors of other business
establishments of the violation of this Act: Provided, further, That a disputable presumption of knowledge by
mall owners/operators and owners or lessors of other business establishments should know or reasonably know
that a violation of this Act is being committed in their premises.
Photo developers, information technology professionals, credit card companies and banks and any person who
has direct knowledge of any form of child pornography activities shall have the duty to report any suspected
child pornography materials or transactions to the proper authorities within seven (7) days from discovery
thereof.

Any willful and intentional violation of this provision shall be subject to the penalty provided under Section
15(l) of this Act.

Section 11. Duties of an Internet Content Host. - An internet content host shall:
(a) Not host any form of child pornography on its internet address;

(b) Within seven (7) days, report the presence of any form of child pornography, as well as the particulars of the
person maintaining, hosting, distributing or in any manner contributing to such internet address, to the proper
authorities; and

(c) Preserve such evidence for purposes of investigation and prosecution by relevant authorities.
 11

An internet content host shall, upon the request of proper authorities, furnish the particulars of users who gained
or attempted to gain access to an internet address that contains any form of child pornography.

An internet content host who shall knowingly, willfully and intentionally violate this provision shall be subject
to the penalty provided under Section 15(j) of this Act: Provided, That the failure of the internet content host to
remove any form of child pornography within forty-eight (48) hours from receiving the notice that any form of
child pornography is hitting its server shall be conclusive evidence of willful and intentional violation thereof.

Section 12. Authority to Regulate Internet Café or Kiosk. - The local government unit (LGU) of the city or
municipality where an internet café or kiosk is located shall have the authority to monitor and regulate the
establishment and operation of the same or similar establishments in order to prevent violation of the provisions
of this Act.
Section 13. Confidentiality. - The right to privacy of the child shall be ensured at any stage of the investigation,
prosecution and trial of an offense under this Act. Towards this end, the following rules shall be observed:
(a) The judge, prosecutor or any officer of the law to whom the complaint has been referred to may, whenever
necessary to ensure a fair and impartial proceeding and after considering all circumstances for the best interest of
the child conduct a closed-door investigation, prosecution or trial;

(b) The name and personal circumstances of the child, including the child's immediate family, or any other
information tending to establish his/her identity shall not be disclosed to the public;

(c) Any record regarding a child shall be confidential and kept under seal. Except upon written request and
order of the court, a record shall be released only to the following:
(1) Members of the court staff for administrative use;
(2) The prosecuting attorney;
(3) Defense counsel;
(4) The guardian ad litem;
(5) Agents of investigating law enforcement agencies and
(6) Other persons as determined by the court.

(d) Any form of child pornography that is part of the court records shall be subject to a protective order that
provides as follows:

(1) Any form of child pornography may be viewed only by the parties, their counsel, their expert witness and
guardian ad litem;
(2) Neither form of child pornography nor any portion thereof shall be divulged to any other person, except as
necessary for investigation, prosecution or trial; and

(3) No person shall be granted access to any form of child pornography or any part thereof unless he/she signs a
written affirmation that he/she has received and read a copy of the protection order; that he/she submits to the
jurisdiction of the court with respect to the protective order; and that, in case of violation thereof, he/she will
be subject to the contempt power of the court; and

(e) In cases when prosecution or trial is conducted behind closed doors, it shall be unlawful for any editor,
publisher and reporter or columnist in case of printed materials, announcer or producer in case of television and
radio, producer and director of a film in case of the movie industry, or any person utilizing the tri-media
facilities or information technology to publish or broadcast the names of the victims of any case of child
pornography.

Any violation of this provision shall be subject to the penalty provided for under Section 15(m) of this Act.

Section 14. Care, Custody and Treatment of a Child Victim. - The DSWD shall ensure that the child who is a
victim of any form of child pornography is provided appropriate care, custody and support for their recovery
and reintegration in accordance with existing laws.
The child and his family shall be entitled to protection as well as to the rights and benefits of witnesses
under Republic Act No. 6981, otherwise known as "The Witness Protection, Security and Benefit Act".
The child shall also be considered as a victim of a violent crime defined under Section 3(d) of Republic Act No.
7309, otherwise known as "An Act Creating a Board of Claims under the Department of Justice for Victims of
Unjust Imprisonment or Detention and Victims of Violent Crimes and for Other Purposes", so that the child may
claim compensation therein.
 12

Section 15. Penalties and Sanctions. - The following penalties and sanctions are hereby established for offenses
enumerated in this Act:

(a) Any person found guilty of syndicated child pornography as defined in Section 5 of this Act shall suffer the
penalty of reclusion perpetua and a fine of not less than Two million pesos (Php2,000,000.00) but not more
than Five million pesos (Php5,000,000.00);
(b) Any person found guilty of violating Section 4(a), (b) and (c) of this Act shall suffer the penalty of reclusion
temporal in its maximum period and a fine of not less than One million pesos (Php1,000,000.00) but not more
than Two million (Php2,000,000.00);
(c) Any person found guilty of violating Section 4(d), (e) and (f) of this Act shall suffer the penalty of reclusion
temporal in its medium period and a fine of not less than Seven hundred fifty thousand pesos (Php750,000.00)
but not more than One million pesos (Php1,000,000.00);
(d) Any person found guilty of violating Section 4(g) of this Act shall suffer the penalty of reclusion temporal in
its minimum period and a fine of not less than Five hundred thousand pesos (Php500,000.00) but not more
than Seven hundred thousand pesos (Php700,000.00);
(e) Any person found guilty of violating Section 4(h) of this Act shall suffer the penalty of prision mayor in its
maximum period and a fine of not less than Three hundred thousand pesos (Php300,000.00) but not more than
Five hundred thousand pesos (Php500,000.00);
(f) Any person found guilty of violating Section 4(I) of this Act shall suffer the penalty of prision mayor in its
minimum period and a fine of not less than Three hundred thousand pesos (php300,000.00) but not more than
Five hundred thousand pesos (Php500,000.00);
(g) Any person found guilty of violating Section 4(j) of this Act shall suffer the penalty of prision correccional in
its maximum period and a fine of not less than Two hundred thousand pesos (Php200,000.00) but not more
than Three hundred thousand pesos (Php300,000.00);
(h) Any person found guilty of violating Section 4(k) of this Act shall suffer the penalty of prision correccional in
its medium period and a fine of not less than One hundred thousand pesos (php100,000.00) but not more than
Two hundred fifty thousand pesos (php250,000.00);
(i) Any person found guilty of violating Section 4(l) of this Act shall suffer the penalty of arresto mayor in its
minimum period and a fine of not less than Fifty thousand pesos (Php50,000.00) but not more than One
hundred thousand pesos (Php100,000.00);
(j) Any person found guilty of violating Section 11 of this Act shall suffer the penalty of prision correccional in its
medium period and a fine of not less than One million pesos (Php1,000,000.00) but not more than Two
million pesos (Php2,000,000.00) for the first offense. In the case of a subsequent offense, the penalty shall be a
fine not less than Two million pesos (Php2,000,000.00) but not more than Three million pesos
(Php3,000,000.00) and revocation of its license to operate and immediate closure of the establishment;
(k) Any ISP found guilty of willfully and knowingly failing to comply with the notice and installation
requirements under Section 9 of this Act shall suffer the penalty of a fine of not less than Five hundred thousand
pesos (Php500,000.00) but not more than One million pesos (Php1,000,000.00) for the first offense. In case of
subsequent offense, the penalty shall be a fine of not less than One million pesos (Php1,000,000.00) but not
more than Two million pesos (Php2,000,000.00) and revocation of its license to operate;

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

(m) Any person found guilty of violating Section 13 of this Act shall suffer the penalty of arresto mayor in its
minimum period and a fine of not less than One hundred thousand pesos (Php100,000.00) but not more than
Three hundred thousand pesos (Php300,000.00).
Section 16. Common Penal Provisions. -
(a) If the offender is a parent, ascendant, guardian, step-parent or collateral relative within the third degree of
consanguinity or affinity or any person having control or moral ascendancy over the child, the penalty provided
herein shall be in its maximum duration; Provided, That this provision shall not apply to Section 4(g) of this Act;
(b) If the offender is a juridical person, the penalty shall be imposed upon the owner, manager, partner,
member of the board of directors and/or any responsible officer who participated in the commission of the
crime or shall have knowingly permitted or failed to prevent its commissions;

(c) If the offender is a foreigner, he/she shall be immediately deported after the complete service of his/her
sentence and shall forever be barred from entering the country; and
 13

(d) The penalty provided for in this Act shall be imposed in its maximum duration if the offender is a public
officer or employee.

Section 17. Confiscation and Forfeiture of the Proceeds, Tools and Instruments Used in Child Pornography. - In
addition to the penalty imposed for the violation of this Act, the court shall order the confiscation and forfeiture
in favor of the government of all the proceeds, tools and instruments used in the commission of the crime,
unless they are the property of a third person not liable for the unlawful act; Provided, however, That all
awards for damages shall be taken from the personal and separate properties of the offender; Provided, further,
That if such properties are insufficient, the deficiency shall be taken from the confiscated and forfeited proceeds,
tools and instruments.
All proceeds derived from the sale of properties used for the commission of any form of child pornography shall
accrue to the special account of the DSWD which shall be used exclusively for the implementation of this Act.

When the proceeds, tools and instruments used in the commission of the offense have been destroyed
diminished in value or otherwise rendered worthless by any act or omission, directly or indirectly, of the
offender, or it has been concealed, removed, converted or transferred to prevent the same from being found or
to avoid forfeiture or confiscation, the offender shall be ordered to pay the amount equal to the value of the
proceeds, tools and instruments used in the commission of the offense.1avvphi1

Section 18. Mandatory Services to Victims of Child Pornography. - To ensure recovery, rehabilitation and
reintegration into the mainstream of society concerned government agencies and the LGUs shall make available
the following services to victims of any form of child pornography:

(a) Emergency shelter or appropriate housing;

(b) Counseling;
(c) Free legal services, which shall include information about the victim's rights and the procedure for filing of
complaints, claims for compensation and such other legal remedies available to them in a language understood
by the child;
(d) Medical or psychological services;
(e) Livelihood and skills training; and
(f) Educational assistance.
Sustained supervision and follow through mechanism that will track the progress of recovery, rehabilitation and
reintegration of the child victims shall adopted and carried out.

Section 19. Programs for Victims of Child Pornography. The Inter-Agency Council Against Child Pornography
created under Section 20 of this Act shall develop and implement the necessary programs that will prevent any
form of child pornography, as well as protect, heal and reintegrate the child into the mainstream of society.
Such programs shall include beat but not limited to the following:

(a) Provision of mandatory services including counseling free legal services, medical or psychological services,
livelihood and skills training and educational assistance to the child pursuant to Section 18 of this Act;
(b) Sponsorship of a national research program on any form of child pornography and other acts covered by the
law and the establishment of a data collection system for monitoring and evaluation purposes;
(c) Provision of necessary technical and material support services to appropriate government agencies and
nongovernmental organizations:
(d) Sponsorship of conferences and seminars to provide venue for consensus building amongst the public, the
academe , government, nongovernmental and international organizations and
(e) Promotion of information and education campaign.

Section 20. Inter - Agency Council against Child Pornography. - There is hereby established an Inter-Agency
Council against Child Pornography to be composed of the Secretary of the DSWD as chairperson and the
following as members:

(a) Secretary of the Department of Justice:

(b) Secretary of the Department of Labor and Employment
(c) Secretary of the Department of Science and Technology
(d) Chief of the Philippine National Police;
(e) Chairperson of the Commission on Information and Communications Technology;
(g) Commissioner of the National Telecommunications Commission;
(h) Executive Director of the Council for the Welfare of Children;
(i) Executive Director of the Philippine Center for Transnational Crimes;
(j) Executive Director of the Optical Media Board;
(k) Director of the National Bureau of Investigation; and
 14

(l) Three (3) representatives from children's nongovernmental organizations. These representatives shall be
nominated by the government agency representatives of the Council for appointment by the President for a
term of three (3) years and may be renewed upon renomination and reappointment by the Council and the
President respectively.

The members of the Council mat designate their permanent representatives, who shall have a rank not lower
than assistant secretary or its equivalent, to meetings and shall receive emoluments as may be determined by the
Council in accordance with existing budget and accounting rules and regulations.

The DSWD shall establish the necessary Secretariat for the Council.

Section 21. Functions of the Council. - The Council shall have the following powers and functions:
(a) Formulate comprehensive and integrated plans and programs to prevent and suppress any form of
child pornography;
(b) Promulgate rules and regulations as may be necessary for the effective implementation of this Act;
(c) Monitor and oversee the strict implementation of this Act;
(d) Coordinate the programs and projects of the various members’ agencies effectively address the issues
and problems attendant to child pornography;
(e) Conduct and coordinate massive information disseminations and campaign on the existence of the
law and the various issues and problems attendant to child pornography;
(f) Direct other agencies to immediately respond to the problems brought to their attention and report
to the Council on the action taken;
(g) Assist in the filling of cases against individuals, agencies, institutions or establishments that violate the
provisions of this Act;
(h) Formulate a program for the reintegration of victims of child pornography;
(i) Secure from any department, bureau, office, agency or instrumentality of the government or from
NGOs and other civic organizations such assistance as may be needed to effectively implement this Act;
(j) Complement the shared government information system relative to child abuse and exploitation and
ensure that the proper agencies conduct a continuing research and study on the patterns and schemes of
any form of child pornography which form basis for policy formulation and program direction;
(k) develop the mechanism to ensure the timely, coordinated and effective response to cases of child
pornography;
(l) Recommend measures to enhance cooperative efforts and mutual assistance among foreign countries
through bilateral and/or multilateral arrangements to prevent and suppress any form of child
pornography;
(m) Adopt measures and policies to protect the rights and needs of the victims of child pornography
who are foreign nationals in the Philippines;
(n) Maintain a database of cases of child pornography;
(o) Initiate training programs in identifying and providing the necessary intervention or assistance to
victims of child pornography.
(p) Submit to the President and the Congressional Oversight committee credited herein the annual report
on the policies, plans, programs and activities of the Council relative to the implementation of this Act;
and
(q) Exercise all the powers and perform such other functions necessary to attain the purposes and
objectives of this Act.

Section 22. Child Pornography as a Transnational Crime. - Pursuant to the Convention on transnational
Organized Crime, the DOJ may execute the request of a foreign state for assistance in the investigation or
prosecution of any form of child pornography by: (1) conducting a preliminary investigation against the
offender and, if appropriate, to file the necessary charges in court; (2) giving information needed by the foreign
state; and (3) to apply for an order of forfeiture of any proceeds or monetary instrument or properly located in
the Philippines used in connection with child pornography in the court; Provided, That if the DOJ refuses to act
on the request of for delaying the execution thereof: Provided, further, That the principles of mutuality and
reciprocity shall, for this purpose, be at all times recognized.

Section 23. Extradition. - The DOJ, in consultation with the Department of Foreign Affairs (DFA), shall endeavor
to include child pornography among extraditable offenses in future treaties.
 15

Section 24. Congressional Oversight Committee. -There is hereby created a Congressional Oversight Committee
composed of five (5) members from the Senate and five (5) members from the House of Representatives. The
members from the Senate shall be appointed by the Senate President based on proportional representation of
the parties or coalition therein with at least one (1) member representing the Minority. The members from the
House of Representative shall be appointed by the Speaker, also based on proportional representation of the
parties or coalitions therein with the Chair of the House of Committee on Welfare of Children and at least one
(1) member representing the Minority
The Committee shall be headed by the respective Chairs of the Senate Committee on Youth, Women and
Family relations and the House of Representatives Committee on Justice. The Secretariat of the Congressional
Oversight Committee shall come from the existing Secretariat personnel of the Committees of the Senate and the
House of Representatives concerned.

The Committee shall monitor and ensure the effective implementation of this Act, determine inherent weakness
and loopholes in the law. Recommend the necessary remedial legislator or administrative measures and perform
such other duties and functions as may be necessary to attain the objectives of this Act.

Section 25. Appropriations. - The amount necessary to implement the provisions of the Anti-Child Pornography
Act and the operationalization of the Inter-Agency Council against Child Pornography shall be included in the
annual General Appropriations Act.

Section 26. Implementing Rules and Regulations. - The Inter- Agency Council against Child pornography shall
promulgate the necessary implementing rules and regulations within ninety (90) days from the effectivity of this
Act.

Section 27. Suppletory Application of the Revised Penal Code. - The Revised penal Code shall be suppletorily
applicable to this Act.

Section 28. Separability Clause. - If any part of this Act is declared unconstitutional or invalid, the other
provisions not affected thereby shall continue to be in full force and effect.

Section 29. Repealing Clause. - All laws, presidential decrees, executive orders, administrative orders, rules and
regulations inconsistent with or contrary to the provisions of this Act are deemed amended, modified or
repealed accordingly.

Section 30. Effectivity. - This Act shall effect after fifteen (15) days following its complete publication in the
Official Gazette or in at least two (2) newspapers of general circulation.

5. ANTI-VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT (RA 9262)

What is Republic Act No. 9262?

RA 9262 is the Anti-Violence Against Women and Their Children Act of 2004. It seeks to address the
prevalence of violence against women and children (VAWC), abuses on women and their children by their
partners like:
 Husband or ex-husband
o Live-in partner or ex-live in partner
o Boyfriend/girlfriend or ex-boyfriend/ex-girlfriend
o Dating partner or ex-dating partner
The Act classifies violence against women and children (VAWC) as a public crime.
What is VAWC under the law?
It refers to “any act or a series of acts committed by any person against a woman who is his wife, former
wife, or against a woman with whom the person has or had a sexual or dating relationship, or with whom he
has a common child, or against her child whether legitimate or illegitimate, within or without the family abode,
which result in or is likely to result in physical, sexual, psychological harm or suffering, or economic abuse
including threats of such acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty.
It includes, but is not limited to, the following acts:
Physical violence refers to acts that include bodily or physical harm;
Sexual violence refers to an act which is sexual in nature, committed against a woman or her child. It includes
but is not limited to:
 16

1. Rape, sexual harassment, acts of lasciviousness, treating a woman or her child as a sex object, making
demeaning and sexually suggestive remarks, physically attacking the sexual parts of the victim’s body,
forcing her/him to watch obscene publications and indecent shows or forcing the woman or her child to do
indecent acts and/or make films thereof, forcing the wife and mistress/lover to live in the conjugal home or
sleep together in the same room with the abuser;
2. Acts, causing or attempting to cause the victim to engage in any sexual activity by force, threat of force,
physical or other harm or threat of physical or other harm or coercion;
3. Prostituting the woman or her child.

Psychological violence refers to acts or omissions causing or likely to cause mental or emotional suffering of the
victim such as but not limited to intimidation, harassment, stalking, damage to property, public ridicule or
humiliation, repeated verbal abuse and marital infidelity. It includes causing or allowing the victim to witness the
physical, sexual or psychological abuse of a member of the family to which the victim belongs, or to witness
pornography in any form or to witness abusive injury to pets or to unlawful or unwanted deprivation of the
right to custody and/or visitation of common children.
Economic abuse refers to acts that make or attempt to make a woman financially dependent. This includes but is
not limited to the following:
1. Withdrawal of financial support or preventing the victim from engaging in any legitimate profession,
occupation, business or activity, except in cases wherein the other spouse/partner objects on valid, serious
and moral grounds as defined in Article 73 of the Family Code;
2. Deprivation or threat of deprivation of financial resources and the right to the use and enjoyment of the
conjugal, community or property owned in common;
3. Destroying household property;
4. Controlling the victim’s own money or properties or solely controlling the conjugal money or properties.
Children are those below 18 years of age or those, regardless of age, who are incapable of taking care of
themselves (as stated in Republic Act 7610). It includes the biological children of the victim and other children
under her care. A dating relationship is one which has a romantic involvement. It means that a relationship
existed between a woman and a partner who is abusive or has previously a bused her, whether or not the
relationship was formal.
Sexual relations refer to a single sexual act which mayor may not result to a bearing of a child.
Who gets protected under the law?
 The law recognizes the unequal relations of a man and a woman in an abusive relationship where it is usually
the woman who is disadvantaged. Thus, the law protects the woman and her children.
 The victim, the child who is a minor (legitimate and illegitimate), and a person aged 18 years and beyond who
doesn’t have the ability to decide for herself/himself because of an emotional, physical and mental illness can
make full use of the law.
 Any child under the care of a woman is also protected under the law.

Is VAWC committed by men alone?

Women can also be liable under the law. These are the lesbian partners/girlfriends or former partners of
the victim with whom she has or had a sexual or dating relationship. (Source: Barangay Protection Order RA
9262: A Primer. Department of Interior and Local Government, National Barangay Operations Office, 2004.)
What if the female victim commits violence against her partner?
The law acknowledges that women who have retaliated against their partners or who commit violence
as a form of self-defense may have suffered from battered women syndrome (BWS).
BWS is a “scientifically defined pattern of psychological and behavioral symptoms found in women living in
battering relationships as a result of cumulative abuse.” Any victim who suffers from BWS should be diagnosed
by a psychiatric expert or a clinical psychologist. This will also help the victim in obtaining a just decision in her
case.
What if the male spouse/partner complains about abuses committed by his wife/partner?
He may file a complaint or case under the Revised Penal Code.
What are the penalties for committing VAWC?
If the courts have proven that the offender is guilty of the crime, he may be imprisoned and will be
obliged to pay P100,000 to P300, 000 in damages. The length of imprisonment depends on the gravity of the
crime.
 17

What can women and children do under the law?

The law allows women and their children to secure barangay protection order and/or temporary or
permanent protection order from the courts.
They can also file an independent civil action for damages and criminal action for the violation of anti-VAWC
Act.
What is a protection order?
It is an order prescribed in the Anti-VAWC Act to prevent further abuse of or violence against a woman and her
child. It also provides them relief from said abuse or violence.
Who may file the protection order?
Anyone of the following may also file the protection order in behalf of the victim/s:
 Parent or guardian
 Grandparents
 Children and grandchildren
 Relatives (aunts, uncles, cousins, in-laws)
 Local officials and DSWD social workers
 Police
 Lawyers
 Counselors
 Therapists
 Health care providers (nurses, doctors, barangay health workers)
 Any two people who came from the city or municipality where VAWC happened and who have personal
knowledge of the crime.

6. REPUBLIC ACT 7610 SPECIAL PROTECTION OF CHILDREN AGAINST ABUSE, EXPLOITATION AND
DISCRIMINATION ACT

AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION AGAINST CHILD ABUSE,
EXPLOITATION AND DISCRIMINATION, PROVIDING PENALTIES FOR ITS VIOLATION AND FOR OTHER
PURPOSES.

ARTICLE I Title, Policy, Principles and Definitions of Terms

Section 1. Title. - This Act shall be known as the "Special Protection of Children against Abuse, Exploitation and
Discrimination Act."

Sec. 2. Declaration of State Policy and Principles. - It is hereby declared to be the policy of the State to provide
special protection to children from all firms of abuse, neglect, cruelty exploitation and discrimination and other
conditions, prejudicial their development; provide sanctions for their commission and carry out a program for
prevention and deterrence of and crisis intervention in situations of child abuse, exploitation and discrimination.
The State shall intervene on behalf of the child when the parent, guardian, teacher or person having care or
custody of the child fails or is unable to protect the child against abuse, exploitation and discrimination or when
such acts against the child are committed by the said parent, guardian, teacher or person having care and
custody of the same.

It shall be the policy of the State to protect and rehabilitate children gravely threatened or endangered by
circumstances which affect or will affect their survival and normal development and over which they have no
control.

The best interests of children shall be the paramount consideration in all actions concerning them, whether
undertaken by public or private social welfare institutions, courts of law, administrative authorities, and
legislative bodies, consistent with the principle of First Call for Children as enunciated in the United Nations
Convention of the Rights of the Child. Every effort shall be exerted to promote the welfare of children and
enhance their opportunities for a useful and happy life.

Sec. 3. Definition of Terms. -

(a) "Children" refers to person below eighteen (18) years of age or those over but are unable to fully take care of
 18

themselves or protect themselves from abuse, neglect, cruelty, exploitation or discrimination because of a
physical or mental disability or condition;

(b) "Child abuse" refers to the maltreatment, whether habitual or not, of the child which includes any of the
following:

(1) Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional maltreatment;
(2) Any act by deeds or words which debases, degrades or demeans the intrinsic worth and dignity of a child as
a human being;
(3) Unreasonable deprivation of his basic needs for survival, such as food and shelter; or
(4) Failure to immediately give medical treatment to an injured child resulting in serious impairment of his
growth and development or in his permanent incapacity or death.

(c) "Circumstances which gravely threaten or endanger the survival and normal development of children"
include, but are not limited to, the following:

(1) Being in a community where there is armed conflict or being affected by armed conflict-related activities;
(2) Working under conditions hazardous to life, safety and normal which unduly interfere with their normal
development;
(3) Living in or fending for themselves in the streets of urban or rural areas without the care of parents or a
guardian or basic services needed for a good quality of life;
(4) Being a member of a indigenous cultural community and/or living under conditions of extreme poverty or in
an area which is underdeveloped and/or lacks or has inadequate access to basic services needed for a good
quality of life;
(5) Being a victim of a man-made or natural disaster or calamity; or
(6) Circumstances analogous to those above-stated which endanger the life, safety or normal development of
children.

(d) "Comprehensive program against child abuse, exploitation and discrimination" refers to the coordinated
program of services and facilities to protected children against:

(1) Child Prostitution and other sexual abuse;

(2) Child trafficking;
(3) Obscene publications and indecent shows;
(4) Other acts of abuses; and
(5) Circumstances which threaten or endanger the survival and normal development of children.

ARTICLE II Program on Child Abuse, Exploitation and Discrimination

Sec. 4. Formulation of the Program. - There shall be a comprehensive program to be formulated, by the
Department of Justice and the Department of Social Welfare and Development in coordination with other
government agencies and private sector concerned, within one (1) year from the effectivity of this Act, to
protect children against child prostitution and other sexual abuse; child trafficking, obscene publications and
indecent shows; other acts of abuse; and circumstances which endanger child survival and normal development.

ARTICLE III Child Prostitution and Other Sexual Abuse

Sec. 5. Child Prostitution and Other Sexual Abuse. - Children, whether male or female, who for money, profit,
or any other consideration or due to the coercion or influence of any adult, syndicate or group, indulge in
sexual intercourse or lascivious conduct, are deemed to be children exploited in prostitution and other sexual
abuse.
The penalty of reclusion temporal in its medium period to reclusion perpetua shall be imposed upon the
following:
(a) Those who engage in or promote, facilitate or induce child prostitution which include, but are not limited
to, the following:

(1) Acting as a procurer of a child prostitute;

(2) Inducing a person to be a client of a child prostitute by means of written or oral advertisements or other
similar means;
(3) Taking advantage of influence or relationship to procure a child as prostitute;
(4) Threatening or using violence towards a child to engage him as a prostitute; or
(5) Giving monetary consideration goods or other pecuniary benefit to a child with intent to engage such child
in prostitution.

(b) Those who commit the act of sexual intercourse of lascivious conduct with a child exploited in prostitution
or subject to other sexual abuse; Provided, That when the victims is under twelve (12) years of age, the
 19

perpetrators shall be prosecuted under Article 335, paragraph 3, for rape and Article 336 of Act No. 3815, as
amended, the Revised Penal Code, for rape or lascivious conduct, as the case may be: Provided, That the
penalty for lascivious conduct when the victim is under twelve (12) years of age shall be reclusion temporal in its
medium period; and
(c) Those who derive profit or advantage there from, whether as manager or owner of the establishment where
the prostitution takes place, or of the sauna, disco, bar, resort, place of entertainment or establishment serving as
a cover or which engages in prostitution in addition to the activity for which the license has been issued to said
establishment.

Sec. 6. Attempt To Commit Child Prostitution. - There is an attempt to commit child prostitution under Section
5, paragraph (a) hereof when any person who, not being a relative of a child, is found alone with the said child
inside the room or cubicle of a house, an inn, hotel, motel, pension house, apartelle or other similar
establishments, vessel, vehicle or any other hidden or secluded area under circumstances which would lead a
reasonable person to believe that the child is about to be exploited in prostitution and other sexual abuse.

There is also an attempt to commit child prostitution, under paragraph (b) of Section 5 hereof when any person
is receiving services from a child in a sauna parlor or bath, massage clinic, health club and other similar
establishments. A penalty lower by two (2) degrees than that prescribed for the consummated felony under
Section 5 hereof shall be imposed upon the principals of the attempt to commit the crime of child prostitution
under this Act, or, in the proper case, under the Revised Penal Code.

ARTICLE IV Child Trafficking

Sec. 7. Child Trafficking. - Any person who shall engage in trading and dealing with children including, but not
limited to, the act of buying and selling of a child for money, or for any other consideration, or barter, shall
suffer the penalty of reclusion temporal to reclusion perpetua. The penalty shall be imposed in its maximum
period when the victim is under twelve (12) years of age.

Sec. 8. Attempt to Commit Child Trafficking. - There is an attempt to commit child trafficking under Section 7 of
this Act:
(a) When a child travels alone to a foreign country without valid reason therefor and without clearance issued
by the Department of Social Welfare and Development or written permit or justification from the child's parents
or legal guardian;

(c) When a person, agency, establishment or child-caring institution recruits women or couples to bear children
for the purpose of child trafficking; or

(d) When a doctor, hospital or clinic official or employee, nurse, midwife, local civil registrar or any other
person simulates birth for the purpose of child trafficking; or

(e) When a person engages in the act of finding children among low-income families, hospitals, clinics, nurseries,
day-care centers, or other child-during institutions who can be offered for the purpose of child trafficking.
A penalty lower two (2) degrees than that prescribed for the consummated felony under Section 7 hereof shall
be imposed upon the principals of the attempt to commit child trafficking under this Act.

ARTICLE V Obscene Publications and Indecent Shows

Sec. 9. Obscene Publications and Indecent Shows. - Any person who shall hire, employ, use, persuade, induce or
coerce a child to perform in obscene exhibitions and indecent shows, whether live or in video, or model in
obscene publications or pornographic materials or to sell or distribute the said materials shall suffer the penalty
of prision mayor in its medium period.
If the child used as a performer, subject or seller/distributor is below twelve (12) years of age, the penalty shall
be imposed in its maximum period.

Any ascendant, guardian, or person entrusted in any capacity with the care of a child who shall cause and/or
allow such child to be employed or to participate in an obscene play, scene, act, movie or show or in any other
acts covered by this section shall suffer the penalty of prision mayor in its medium period.

ARTICLE VI Other Acts of Abuse

Sec. 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other Conditions Prejudicial to the Child's
Development. -
(a) Any person who shall commit any other acts of child abuse, cruelty or exploitation or to be responsible for
 20

other conditions prejudicial to the child's development including those covered by Article 59 of Presidential
Decree No. 603, as amended, but not covered by the Revised Penal Code, as amended, shall suffer the penalty
of prision mayor in its minimum period.

(b) Any person who shall keep or have in his company a minor, twelve (12) years or under or who in ten (10)
years or more his junior in any public or private place, hotel, motel, beer joint, discotheque, cabaret, pension
house, sauna or massage parlor, beach and/or other tourist resort or similar places shall suffer the penalty of
prision mayor in its maximum period and a fine of not less than Fifty thousand pesos (P50,000.00): Provided,
That this provision shall not apply to any person who is related within the fourth degree of consanguinity or
affinity or any bond recognized by law, local custom and tradition or acts in the performance of a social, moral
or legal duty.

(c) Any person who shall induce, deliver or offer a minor to any one prohibited by this Act to keep or have in
his company a minor as provided in the preceding paragraph shall suffer the penalty of prision mayor in its
medium period and a fine of not less than Forty thousand pesos (P40,000.00); Provided, however, That should
the perpetrator be an ascendant, stepparent or guardian of the minor, the penalty to be imposed shall be prision
mayor in its maximum period, a fine of not less than Fifty thousand pesos (P50,000.00), and the loss of
parental authority over the minor.

(d) Any person, owner, manager or one entrusted with the operation of any public or private place of
accommodation, whether for occupancy, food, drink or otherwise, including residential places, who allows any
person to take along with him to such place or places any minor herein described shall be imposed a penalty of
prision mayor in its medium period and a fine of not less than Fifty thousand pesos (P50,000.00), and the loss
of the license to operate such a place or establishment.

(e) Any person who shall use, coerce, force or intimidate a street child or any other child to:

(1) Beg or use begging as a means of living;

(2) Act as conduit or middlemen in drug trafficking or pushing; or
(3) Conduct any illegal activities, shall suffer the penalty of prision correccional in its medium period to reclusion
perpetua.

For purposes of this Act, the penalty for the commission of acts punishable under Articles 248, 249, 262,
paragraph 2, and 263, paragraph 1 of Act No. 3815, as amended, the Revised Penal Code, for the crimes of
murder, homicide, other intentional mutilation, and serious physical injuries, respectively, shall be reclusion
perpetua when the victim is under twelve (12) years of age. The penalty for the commission of acts punishable
under Articles 337, 339, 340 and 341 of Act No. 3815, as amended, the Revised Penal Code, for the crimes of
qualified seduction, acts of lasciviousness with the consent of the offended party, corruption of minors, and
white slave trade, respectively, shall be one (1) degree higher than that imposed by law when the victim is under
twelve (12) years age.
The victim of the acts committed under this section shall be entrusted to the care of the Department of Social
Welfare and Development.

ARTICLE VII Sanctions for Establishments or Enterprises

Sec. 11. Sanctions of Establishments or Enterprises which Promote, Facilitate, or Conduct Activities Constituting
Child Prostitution and Other Sexual Abuse, Child Trafficking, Obscene Publications and Indecent Shows, and
Other Acts of Abuse. - All establishments and enterprises which promote or facilitate child prostitution and other
sexual abuse, child trafficking, obscene publications and indecent shows, and other acts of abuse shall be
immediately closed and their authority or license to operate cancelled, without prejudice to the owner or
manager thereof being prosecuted under this Act and/or the Revised Penal Code, as amended, or special laws. A
sign with the words "off limits" shall be conspicuously displayed outside the establishments or enterprises by the
Department of Social Welfare and Development for such period which shall not be less than one (1) year, as the
Department may determine. The unauthorized removal of such sign shall be punishable by prision correccional.

An establishment shall be deemed to promote or facilitate child prostitution and other sexual abuse, child
trafficking, obscene publications and indecent shows, and other acts of abuse if the acts constituting the same
occur in the premises of said establishment under this Act or in violation of the Revised Penal Code, as
amended. An enterprise such as a sauna, travel agency, or recruitment agency which; promotes the
aforementioned acts as part of a tour for foreign tourists; exhibits children in a lewd or indecent show; provides
child masseurs for adults of the same or opposite sex and said services include any lascivious conduct with the
customers; or solicits children or activities constituting the aforementioned acts shall be deemed to have
committed the acts penalized herein.
 21

ARTICLE VIII Working Children

Sec. 12. Employment of Children. - Children below fifteen (15) years of age may be employed except:
(1) When a child works directly under the sole responsibility of his parents or legal guardian and where only
members of the employer's family are employed: Provided, however, That his employment neither endangers
his life, safety and health and morals, nor impairs his normal development: Provided, further, That the parent or
legal guardian shall provide the said minor child with the prescribed primary and/or secondary education; or

(2) When a child's employment or participation in public & entertainment or information through cinema,
theater, radio or television is essential: Provided, The employment contract concluded by the child's parent or
guardian, with the express agreement of the child concerned, if possible, and the approval of the Department of
Labor and Employment: Provided, That the following requirements in all instances are strictly complied with:

(a) The employer shall ensure the protection, health, safety and morals of the child;

(b) the employer shall institute measures to prevent the child's exploitation or discrimination taking into account
the system and level of remuneration, and the duration and arrangement of working time; and

(c) The employer shall formulate and implement, subject to the approval and supervision of competent
authorities, a continuing program for training and skill acquisition of the child.
In the above exceptional cases where any such child may be employed, the employer shall first secure, before
engaging such child, a work permit from the Department of Labor and Employment which shall ensure
observance of the above requirement.

The Department of Labor and Employment shall promulgate rules and regulations necessary for the effective
implementation of this Section.

Sec. 13. Non-formal Education for Working Children. - The Department of Education, Culture and Sports shall
promulgate a course design under its non-formal education program aimed at promoting the intellectual, moral
and vocational efficiency of working children who have not undergone or finished elementary or secondary
education. Such course design shall integrate the learning process deemed most effective under given
circumstances.

Sec. 14. Prohibition on the Employment of Children in Certain Advertisements. - No person shall employ child
models in all commercials or advertisements promoting alcoholic beverages, intoxicating drinks, tobacco and its
byproducts and violence.

Sec. 15. Duty of Employer. - Every employer shall comply with the duties provided for in Articles 108 and 109 of
Presidential Decree No. 603.

Sec. 16. Penalties. - Any person who shall violate any provision of this Article shall suffer the penalty of a fine of
not less than One thousand pesos (P1,000) but not more than Ten thousand pesos (P10,000) or imprisonment
of not less than three (3) months but not more than three (3) years, or both at the discretion of the court:
Provided, That, in case of repeated violations of the provisions of this Article, the offender's license to operate
shall be revoked.

ARTICLE IX Children of Indigenous Cultural Communities

Sec. 17. Survival, Protection and Development. - In addition to the rights guaranteed to children under this Act
and other existing laws, children of indigenous cultural communities shall be entitled to protection, survival and
development consistent with the customs and traditions of their respective communities.
Sec. 18. System of and Access to Education. - The Department of Education, Culture and Sports shall develop
and institute an alternative system of education for children of indigenous cultural communities which culture-
specific and relevant to the needs of and the existing situation in their communities. The Department of
Education, Culture and Sports shall also accredit and support non-formal but functional indigenous educational
programs conducted by non-government organizations in said communities.

Sec. 19. Health and Nutrition. - The delivery of basic social services in health and nutrition to children of
indigenous cultural communities shall be given priority by all government agencies concerned. Hospitals and
other health institution shall ensure that children of indigenous cultural communities are given equal attention.
In the provision of health and nutrition services to children of indigenous cultural communities, indigenous
health practices shall be respected and recognized.
 22

Sec. 20. Discrimination. - Children of indigenous cultural communities shall not be subjected to any and all
forms of discrimination.

Any person who discriminate against children of indigenous cultural communities shall suffer a penalty of arresto
mayor in its maximum period and a fine of not less than Five thousand pesos (P5,000.00) more than Ten
thousand pesos (P10,000.00).

Sec. 21. Participation. - Indigenous cultural communities, through their duly-designated or appointed
representatives shall be involved in planning, decision-making implementation, and evaluation of all
government programs affecting children of indigenous cultural communities. Indigenous institution shall also be
recognized and respected.

ARTICLE X Children in Situations of Armed Conflict

Sec. 22. Children as Zones of Peace. - Children are hereby declared as Zones of Peace. It shall be the
responsibility of the State and all other sectors concerned to resolve armed conflicts in order to promote the
goal of children as zones of peace. To attain this objective, the following policies shall be observed.
(a) Children shall not be the object of attack and shall be entitled to special respect. They shall be protected
from any form of threat, assault, torture or other cruel, inhumane or degrading treatment;
(b) Children shall not be recruited to become members of the Armed Forces of the Philippines of its civilian units
or other armed groups, nor be allowed to take part in the fighting, or used as guides, couriers, or spies;

(c) Delivery of basic social services such as education, primary health and emergency relief services shall be kept
unhampered;

(d) The safety and protection of those who provide services including those involved in fact-finding missions
from both government and non-government institutions shall be ensured. They shall not be subjected to undue
harassment in the performance of their work;

(e) Public infrastructure such as schools, hospitals and rural health units shall not be utilized for military purposes
such as command posts, barracks, detachments, and supply depots; and

(f) All appropriate steps shall be taken to facilitate the reunion of families temporarily separated due to armed
conflict.

Sec. 23. Evacuation of Children During Armed Conflict. - Children shall be given priority during evacuation as a
result of armed conflict. Existing community organizations shall be tapped to look after the safety and well-
being of children during evacuation operations. Measures shall be taken to ensure that children evacuated are
accompanied by persons responsible for their safety and well-being.

Sec. 24. Family Life and Temporary Shelter. - Whenever possible, members of the same family shall be housed in
the same premises and given separate accommodation from other evacuees and provided with facilities to lead
a normal family life. In places of temporary shelter, expectant and nursing mothers and children shall be given
additional food in proportion to their physiological needs. Whenever feasible, children shall be given
opportunities for physical exercise, sports and outdoor games.

Sec. 25. Rights of Children Arrested for Reasons Related to Armed Conflict. - Any child who has been arrested
for reasons related to armed conflict, either as combatant, courier, guide or spy is entitled to the following
rights;
(a) Separate detention from adults except where families are accommodated as family units;

(b) Immediate free legal assistance;

(c) Immediate notice of such arrest to the parents or guardians of the child; and

(d) Release of the child on recognizance within twenty-four (24) hours to the custody of the Department of
Social Welfare and Development or any responsible member of the community as determined by the court.
If after hearing the evidence in the proper proceedings the court should find that the aforesaid child committed
the acts charged against him, the court shall determine the imposable penalty, including any civil liability
chargeable against him. However, instead of pronouncing judgment of conviction, the court shall suspend all
 23

further proceedings and shall commit such child to the custody or care of the Department of Social Welfare and
Development or to any training institution operated by the Government, or duly-licensed agencies or any other
responsible person, until he has had reached eighteen (18) years of age or, for a shorter period as the court may
deem proper, after considering the reports and recommendations of the Department of Social Welfare and
Development or the agency or responsible individual under whose care he has been committed.

The aforesaid child shall subject to visitation and supervision by a representative of the Department of Social
Welfare and Development or any duly-licensed agency or such other officer as the court may designate subject
to such conditions as it may prescribe.

The aforesaid child whose sentence is suspended can appeal from the order of the court in the same manner as
appeals in criminal cases.

Sec. 26. Monitoring and Reporting of Children in Situations of Armed Conflict. - The chairman of the barangay
affected by the armed conflict shall submit the names of children residing in said barangay to the municipal
social welfare and development officer within twenty-four (24) hours from the occurrence of the armed conflict.

ARTICLE XI Remedial Procedures

Sec. 27. Who May File a Complaint. - Complaints on cases of unlawful acts committed against the children as
enumerated herein may be filed by the following:
(a) Offended party;
(b) Parents or guardians;
(c) Ascendant or collateral relative within the third degree of consanguinity;
(d) Officer, social worker or representative of a licensed child-caring institution;
(e) Officer or social worker of the Department of Social Welfare and Development;
(f) Barangay chairman; or
(g) At least three (3) concerned responsible citizens where the violation occurred.

Sec. 28. Protective Custody of the Child. - The offended party shall be immediately placed under the protective
custody of the Department of Social Welfare and Development pursuant to Executive Order No. 56, series of
1986. In the regular performance of this function, the officer of the Department of Social Welfare and
Development shall be free from any administrative, civil or criminal liability. Custody proceedings shall be in
accordance with the provisions of Presidential Decree No. 603.

Sec. 29. Confidentiality. - At the instance of the offended party, his name may be withheld from the public until
the court acquires jurisdiction over the case.

It shall be unlawful for any editor, publisher, and reporter or columnist in case of printed materials, announcer
or producer in case of television and radio broadcasting, producer and director of the film in case of the movie
industry, to cause undue and sensationalized publicity of any case of violation of this Act which results in the
moral degradation and suffering of the offended party.

Sec. 30. Special Court Proceedings. - Cases involving violations of this Act shall be heard in the chambers of the
judge of the Regional Trial Court duly designated as Juvenile and Domestic Court.

Any provision of existing law to the contrary notwithstanding and with the exception of habeas corpus, election
cases, and cases involving detention prisoners and persons covered by Republic Act No. 4908, all courts shall
give preference to the hearing or disposition of cases involving violations of this Act.

ARTICLE XII Common Penal Provisions

Sec. 31. Common Penal Provisions. -

(a) The penalty provided under this Act shall be imposed in its maximum period if the offender has been
previously convicted under this Act;

(b) When the offender is a corporation, partnership or association, the officer or employee thereof who is
responsible for the violation of this Act shall suffer the penalty imposed in its maximum period;

(c) The penalty provided herein shall be imposed in its maximum period when the perpetrator is an ascendant,
parent guardian, stepparent or collateral relative within the second degree of consanguinity or affinity, or a
 24

manager or owner of an establishment which has no license to operate or its license has expired or has been
revoked;

(d) When the offender is a foreigner, he shall be deported immediately after service of sentence and forever
barred from entry to the country;

(e) The penalty provided for in this Act shall be imposed in its maximum period if the offender is a public officer
or employee: Provided, however, That if the penalty imposed is reclusion perpetua or reclusion temporal, then
the penalty of perpetual or temporary absolute disqualification shall also be imposed: Provided, finally, That if
the penalty imposed is prision correccional or arresto mayor, the penalty of suspension shall also be imposed;
and

(f) A fine to be determined by the court shall be imposed and administered as a cash fund by the Department of
Social Welfare and Development and disbursed for the rehabilitation of each child victim, or any immediate
member of his family if the latter is the perpetrator of the offense.

ARTICLE XIII Final Provisions

Sec. 32. Rules and Regulations. - Unless otherwise provided in this Act, the Department of Justice, in
coordination with the Department of Social Welfare and Development, shall promulgate rules and regulations
of the effective implementation of this Act.

Such rules and regulations shall take effect upon their publication in two (2) national newspapers of general
circulation.

Sec. 33. Appropriations. - The amount necessary to carry out the provisions of this Act is hereby authorized to
be appropriated in the General Appropriations Act of the year following its enactment into law and thereafter.

Sec. 34. Separability Clause. - If any provision of this Act is declared invalid or unconstitutional, the remaining
provisions not affected thereby shall continue in full force and effect.

Sec. 35. Repealing Clause. - All laws, decrees, or rules inconsistent with the provisions of this Acts are hereby
repealed or modified accordingly.

Sec. 36. Effectivity Clause. - This Act shall take effect upon completion of its publication in at least two (2)
national newspapers of general circulation.

7. REPUBLIC ACT 7658

AN ACT PROHIBITING THE EMPLOYMENT OF CHILDREN BELOW 15 YEARS OF AGE IN PUBLIC AND
PRIVATE UNDERTAKINGS, AMENDING FOR ITS PURPOSE SECTION 12, ARTICLE VIII OF R.A. 7610.

Section 1. Section 12, Article VIII of R. A. No. 7610 otherwise known as the "Special Protection of Children
Against Child Abuse, Exploitation and Discrimination Act" is hereby amended to read as follows:

"Sec. 12. Employment of Children. — Children below fifteen (15) years of age shall not be employed except:

(1) When a child works directly under the sole responsibility of his parents or legal guardian and where
only members of the employer's family are employed: Provided, however, That his employment neither
endangers his life, safety, health and morals, nor impairs his normal development; Provided, further, That the
parent or legal guardian shall provide the said minor child with the prescribed primary and/or secondary
education; or
(2) Where a child's employment or participation in public entertainment or information through cinema,
theater, radio or television is essential: Provided, The employment contract is concluded by the child's parents or
legal guardian, with the express agreement of the child concerned, if possible, and the approval of the
Department of Labor and Employment: and Provided, That the following requirements in all instances are
strictly complied with:
 25

(a) The employer shall ensure the protection, health, safety, morals and normal development of the
child;
(b) The employer shall institute measures to prevent the child's exploitation or discrimination taking into
account the system and level of remuneration, and the duration and arrangement of working time; and
(c) The employer shall formulate and implement, subject to the approval and supervision of competent
authorities, a continuing program for training and skills acquisition of the child.

In the above exceptional cases where any such child may be employed, the employer shall first secure, before
engaging such child, a work permit from the Department of Labor and Employment which shall ensure
observance of the above requirements.
The Department of Labor and Employment shall promulgate rules and regulations necessary for the effective
implementation of this Section."

Sec. 2. All laws, decrees, executive orders, rules and regulations or parts thereof contrary to, or inconsistent with
this Act are hereby modified or repealed accordingly.

Sec. 3. This Act shall take effect fifteen (15) days after its complete publication in the Official Gazette or in at
least two (2) national newspapers or general circulation whichever comes earlier.

8. REPUBLIC ACT 6955 MAIL-ORDER BRIDE LAW

AN ACT TO DECLARE UNLAWFUL THE PRACTICE OF MATCHING FILIPINO WOMEN FOR MARRIAGE TO
FOREIGN NATIONALS ON A MAIL-ORDER BASIS AND OTHER SIMILAR PRACTICES, INCLUDING THE
ADVERTISEMENT, PUBLICATION, PRINTING OR DISTRIBUTION OF BROCHURES, FLIERS AND OTHER
PROPAGANDA MATERIALS IN FURTHERANCE THEREOF AND PROVIDING PENALTY THEREFOR

SECTION 1. It is the policy of the state to ensure and guarantee the enjoyment of the people of a decent
standard of living. Towards this end, the State shall take measures to protect Filipino women from being
exploited in utter disregard of human dignity in their pursuit of economic upliftment.

SECTION 2. Pursuant thereto it is hereby declared unlawful:

(a) For a person, natural or juridical, association, club or any other entity to commit, directly or indirectly,
any of the following acts:

(1) To establish or carry on a business which has for its purpose the matching of Filipino women for
marriage to foreign nationals either on a mail order basis or personal introduction;

(2) To advertise, publish, print or distribute or cause the advertisement, publication, printing or
distribution of any brochure, flier or any propaganda material calculated to promote the prohibited acts in the
preceding sub-paragraph;

(3) To solicit, enlist or in any manner attract or introduce any Filipino woman to become a member in any
club or association whose objective is to match women for marriage to foreign nationals either on a mail order
basis or through personal introduction for a fee;

(4) To use the postal service to promote the prohibited acts in sub-paragraph 1 hereof.

(b) For the manager or officer in charge or advertising manager of any newspaper, magazine, television or
radio station, or other media, or of an advertising agency, printing company or other similar entities to
knowingly allow, or consent to the acts prohibited in the preceding paragraph.

SECTION 3. In case of violation of this Act by an association, club, partnership, corporation or any other entity,
the incumbent officers thereof who have knowingly participated in the violation of this Act shall be held liable.

SECTION 4. Any person found guilty by the court to have violated any of the acts herein prohibited shall suffer
an imprisonment of not less than six (6) years and one (1) day but not more than eight (8) years and a fine of
not less than Eight thousand pesos (P8000) but not more than Twenty thousand pesos (20000): Provided, that
 26

if the offender is a foreigner, he shall immediately be deported and barred forever from entering the country
after serving his sentence and payment of fine.

SECTION 5. Nothing in this Act shall be interpreted as a restriction on the freedom of speech and of association
for purposes not contrary to law as guaranteed by the Constitution.

SECTION 6. All laws, decrees, orders, instructions, rules and regulations, or parts thereof inconsistent with this
Act are thereby repealed or modified accordingly.

SECTION 7. This Act shall take effect upon its publication for two (2) consecutive weeks in a newspaper of
general circulation.

9. REPUBLIC ACT 7877 ANTI-SEXUAL HARASSMENT ACT OF 1995

AN ACT DECLARING SEXUAL HARASSMENT UNLAWFUL IN THE EMPLOYMENT, EDUCATION OR

TRAINING ENVIRONMENT, AND FOR OTHER PURPOSES.

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

SECTION 1. Title. - This Act shall be known as the "Anti-Sexual Harassment Act of 1995."

SECTION 2. Declaration of Policy. - The State shall value the dignity of every individual, enhance the
development of its human resources, guarantee full respect for human rights, and uphold the dignity of workers,
employees, applicants for employment, students or those undergoing training, instruction or education.
Towards this end, all forms of sexual harassment in the employment, education or training environment are
hereby declared unlawful.

SECTION 3. Work, Education or Training -Related, Sexual Harassment Defined. - Work, education or
training-related sexual harassment is committed by an employer, employee, manager, supervisor, agent of the
employer, teacher, instructor, professor, coach, trainor, or any other person who, having authority, influence
or moral ascendancy over another in a work or training or education environment, demands, requests or
otherwise requires any sexual favor from the other, regardless of whether the demand, request or requirement
for submission is accepted by the object of said Act.

(a) In a work-related or employment environment, sexual harassment is committed when:

(1) The sexual favor is made as a condition in the hiring or in the employment, re-employment or
continued employment of said individual, or in granting said individual favorable compensation, terms of
conditions, promotions, or privileges; or the refusal to grant the sexual favor results in limiting, segregating or
classifying the employee which in any way would discriminate, deprive or diminish employment opportunities
or otherwise adversely affect said employee;

(2) The above acts would impair the employee's rights or privileges under existing labor laws; or

(3) The above acts would result in an intimidating, hostile, or offensive environment for the
employee.

(b) In an education or training environment, sexual harassment is committed:

(1) Against one who is under the care, custody or supervision of the offender;

(2) Against one whose education, training, apprenticeship or tutorship is entrusted to the offender;

(3) When the sexual favor is made a condition to the giving of a passing grade, or the granting of
honors and scholarships, or the payment of a stipend, allowance or other benefits, privileges, or consideration;
or

(4) When the sexual advances result in an intimidating, hostile or offensive environment for the
student, trainee or apprentice.
 27

Any person who directs or induces another to commit any act of sexual harassment as herein defined, or
who cooperates in the commission thereof by another without which it would not have been committed, shall
also be held liable under this Act.

SECTION 4. Duty of the Employer or Head of Office in a Work-related, Education or Training Environment.
- It shall be the duty of the employer or the head of the work-related, educational or training environment or
institution, to prevent or deter the commission of acts of sexual harassment and to provide the procedures for
the resolution, settlement or prosecution of acts of sexual harassment. Towards this end, the employer or head
of office shall:

(a) Promulgate appropriate rules and regulations in consultation with and joint1y approved by the
employees or students or trainees, through their duly designated representatives, prescribing the procedure for
the investigation of sexual harassment cases and the administrative sanctions therefor.

Administrative sanctions shall not be a bar to prosecution in the proper courts for unlawful acts of sexual
harassment.

The said rules and regulations issued pursuant to this subsection (a) shall include, among others, guidelines
on proper decorum in the workplace and educational or training institutions.

(b) Create a committee on decorum and investigation of cases on sexual harassment. The committee shall
conduct meetings, as the case may be, with officers and employees, teachers, instructors, professors, coaches,
trainors, and students or trainees to increase understanding and prevent incidents of sexual harassment. It shall
also conduct the investigation of alleged cases constituting sexual harassment.

In the case of a work-related environment, the committee shall be composed of at least one (1)
representative each from the management, the union, if any, the employees from the supervisory rank, and
from the rank and file employees.

In the case of the educational or training institution, the committee shall be composed of at least one (1)
representative from the administration, the trainors, instructors, professors or coaches and students or trainees,
as the case may be.

The employer or head of office, educational or training institution shall disseminate or post a copy of this
Act for the information of all concerned.

SECTION 5. Liability of the Employer, Head of Office, Educational or Training Institution. - The employer
or head of office, educational or training institution shall be solidarily liable for damages arising from the acts
of sexual harassment committed in the employment, education or training environment if the employer or
head of office, educational or training institution is informed of such acts by the offended party and no
immediate action is taken.

SECTION 6. Independent Action for Damages. - Nothing in this Act shall preclude the victim of work,
education or training-related sexual harassment from instituting a separate and independent action for damages
and other affirmative relief.

SECTION 7. Penalties. - Any person who violates the provisions of this Act shall, upon conviction, be
penalized by imprisonment of not less than one (1) month nor more than six (6) months, or a fine of not less
than Ten thousand pesos (P10,000) nor more than Twenty thousand pesos (P20,000), or both such fine and
imprisonment at the discretion of the court.

Any action arising from the violation of the provisions of this Act shall prescribe in three (3) years.

SECTION 8. Separability Clause. - If any portion or provision of this Act is declared void or unconstitutional,
the remaining portions or provisions hereof shall not be affected by such declaration.

SECTION 9. Repealing Clause. - All laws, decrees, orders, rules and regulations, other issuances, or parts
thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

SECTION 10. Effectivity Clause. - This Act shall take effect fifteen (15) days after its complete publication in
at least two (2) national newspapers of general circulation.

10. REPUBLIC ACT NO. 8484 ACCESS DEVICES REGULATION ACT OF 1998?
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It is Republic Act No. 8484, which is an act regulating the issuance and use of access devices and prohibiting the
fraudulent acts committed relative thereto, among others. By enacting this legislation, the State recognizes the
recent advances in technology and the widespread use of access devices in commercial transactions.

What is an “Access Device”?

It is any card, plate, code, account number, electronic serial number, personal identification number, or other
telecommunications service, equipment, or instrumental identifier, or other means of account access that can be
used to obtain money, good, services, or any other thing of value or to initiate a transfer of funds (other than a
transfer originated solely by paper instrument). It includes a credit card.

What is a “credit card”?

It is any card, plate, coupon book, or other credit device existing for the purpose of obtaining money, goods,
property, labor or services or anything of value on credit.

What are the information required to be declared in credit card application and solicitation?

Any application to open a credit card account for any person under an open-end credit plan or a solicitation to
open such an account, either by mail, telephone or other means, shall disclose in writing or orally, as the case
may be, the following information:

(a) Annual Percentage Rate

1. Each annual percentage rate of interest on the amount of credit obtained by the credit card holder under
such credit plan. Where an extension of credit is subject to a variable rate, the fact that the rate is
variable, and the annual percentage rate in effect at the time of the mailing.
2. Where more than one rate applies, the range of balances to which each rate applies.

(b) Annual and other Fees

1. Any annual fee, other periodic fee, or membership fee imposed for the issuance or availability of a credit
card, including any account maintenance fee or any other charge imposed based on activity or inactivity
for the account during the billing cycle.
2. Any minimum finance charge imposed for each period during which any extension of credit which is
subject to a finance charge is outstanding (a “finance charge” represents the amount to be paid by the
debtor incident to the extension of credit such as interest or discounts, collection fees, credit investigation
fees, and other service charges).
3. Any transaction charge imposed in connection with use of the card to purchase goods or services.
4. Any fee, penalty or surcharge imposed for the delay in payment of an account. (a “penalty charge”
means such amount, in addition to interest, imposed on the credit card holder for non-payment of an
account within a prescribed period).

(c) Balance Calculation Method — the name or a detailed explanation of the balance calculation method used
in determining the balance upon which the finance charge is computed.

(d) Cash Advance Fee — any fee imposed for an extension of credit in the form of cash.

(e) Over-the-Limit-Fee — any fee imposed in connection with an extension of credit in excess of the amount of
credit authorized to be extended with respect to such amount. In case the application or solicitation to open a
credit card account for any person under an open-end consumer credit plan be made through catalogs,
magazines, or other publications, the following additional information shall be disclosed:

1) A statement, in a conspicuous and prominent location on the application or solicitation, that,

 the information is accurate as of the date the application or solicitation was printed;
 the information contained in the application or solicitation is subject to change after such date;
 the applicant should contact the creditor for information on any change in the information contained in
the application or solicitation since it was printed;

(2) The date the application or solicitation was printed; and

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(3) In a conspicuous and prominent location on the application or solicitation, a toll free telephone number or
mailing address which the applicant may contact to obtain any change in the information provided in the
application or solicitation since it was printed.

Is there any exceptions to this disclosure requirement?

Yes. The disclosures may be omitted in any telephone solicitation or application if the credit card issuer:

1. does not impose any fee in connection with paragraph (b)(1) above;
2. does not impose any fee in connection with telephone solicitation unless the consumer signifies
acceptance by using the card;
3. discloses clearly the information in writing within thirty (30) days after the consumer requests the card,
but in no event later than the date of delivery of the card; and
4. discloses clearly that the consumer is not obligated to accept the card or account and the consumer will
not be obligated to pay any fees or charges disclosed unless the consumer elects to accept the card or
account by using the card.

If a credit card issuer already disclosed the information required above, is it still required to disclose certain
information prior to renewal?

Yes. Except in telephone solicitations, a card issuer that imposes any fee described above shall transmit to a
consumer’s credit card account a clear and conspicuous disclosure of:

1. the date by which, the month by which, or the billing period at the close of which, the account will
expire if not renewed;
2. the information described above shall be transmitted to a consumer at least thirty (30) days prior to the
scheduled renewal date of the consumer’s credit card account;
3. the information described in 4 (a) (1) above, which shall be transmitted to a consumer’s credit card
account; and
4. the method by which the consumer may terminate the continued credit availability under the account.

These disclosures must be made prior to posting a fee described in 4 (b) (1) above, or with the periodic billing
statement first disclosing that the fee has been posted to the account subject to the condition that the consumer
is given thirty (30) day period to avoid payment of the fee or to have the fee recredited to the account in any
case where the consumer does not wish to continue the availability of the credit.

What is the duty of a credit card issuer in terms of computation?

A credit card issuer must, to the extent practicable, provide a detailed explanation and a clear illustration of the
manner by which all charges and fees are computed.

Is there any exception to this disclosure requirement?

Yes. The disclosures may be omitted in any telephone solicitation or application if the credit card issuer:

1. does not impose any fee in connection with paragraph (b)(1) above;
2. does not impose any fee in connection with telephone solicitation unless the consumer signifies
acceptance by using the card;
3. discloses clearly the information in writing within thirty (30) days after the consumer requests the card,
but in no event later than the date of delivery of the card; and
4. discloses clearly that the consumer is not obligated to accept the card or account and the consumer will
not be obligated to pay any fees or charges disclosed unless the consumer elects to accept the card or
account by using the card.

If a credit card issuer already disclosed the information required above, is it still required to disclose certain
information prior to renewal?

Yes. Except in telephone solicitations, a card issuer that imposes any fee described above shall transmit to a
consumer’s credit card account a clear and conspicuous disclosure of:

1. the date by which, the month by which, or the billing period at the close of which, the account will
expire if not renewed;
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2. the information described above shall be transmitted to a consumer at least thirty (30) days prior to the
scheduled renewal date of the consumer’s credit card account;
3. the information described in 4 (a) (1) above, which shall be transmitted to a consumer’s credit card
account; and
4. the method by which the consumer may terminate the continued credit availability under the account.

These disclosures must be made prior to posting a fee described in 4 (b) (1) above, or with the periodic billing
statement first disclosing that the fee has been posted to the account subject to the condition that the consumer
is given thirty (30) day period to avoid payment of the fee or to have the fee recredited to the account in any
case where the consumer does not wish to continue the availability of the credit.

What is the duty of a credit card issuer in terms of computation?

A credit card issuer must, to the extent practicable, provide a detailed explanation and a clear illustration of the
manner by which all charges and fees are computed.

What shall you do if you lose your credit card or other access devices?

In case of loss of an access device, the holder must notify the issuer of the access device of the details and
circumstances of such loss upon knowledge of the loss. Full compliance with such procedure would absolve the
access device holder of any financial liability from fraudulent use of the access device from the time the loss or
theft is reported to the issuer.

RA 8484, Access Devices Regulations Act of 1998; possession of access device

Petitioner avers that he was never in possession of the subject credit card because he was arrested
immediately after signing the acknowledgement receipt. Thus, he did not yet know the contents of the envelope
delivered and had no control over the subject credit card.
Again, we find no value in petitioners’ argument.

The trial court convicted petitioner of possession of the credit card fraudulently applied for, penalized by
R.A. No. 8484. The law, however, does not define the word possession. Thus, we use the term as defined in
Article 523 of the Civil Code, that is, possession is the holding of a thing or the enjoyment of a right. The
acquisition of possession involves two elements: the corpus or the material holding of the thing, and
the animus possidendi or the intent to possess it.[12] Animus possidendi is a state of mind, the presence or
determination of which is largely dependent on attendant events in each case. It may be inferred from the prior
or contemporaneous acts of the accused, as well as the surrounding circumstances.

In this case, prior to the commission of the crime, petitioner fraudulently obtained from private
complainant various documents showing the latters identity. He, thereafter, obtained cellular phones using
private complainants identity. Undaunted, he fraudulently applied for a credit card under the name and
personal circumstances of private complainant. Upon the delivery of the credit card applied for, the messenger
(an NBI agent) required two valid identification cards. Petitioner thus showed two identification cards with his
picture on them, but bearing the name and forged signature of private complainant. As evidence of the receipt
of the envelope delivered, petitioner signed the acknowledgment receipt shown by the messenger, indicating
therein that the content of the envelope was the Metrobank credit card.

Petitioner materially held the envelope containing the credit card with the intent to possess. Contrary to
petitioners contention that the credit card never came into his possession because it was only delivered to him,
the above narration shows that he, in fact, did an active part in acquiring possession by presenting the
identification cards purportedly showing his identity as Henry Yu. Certainly, he had the intention to possess the
same. Had he not actively participated, the envelope would not have been given to him. Moreover, his
signature on the acknowledgment receipt indicates that there was delivery and that possession was transferred
to him as the recipient. Undoubtedly, petitioner knew that the envelope contained the Metrobank credit card,
as clearly indicated in the acknowledgment receipt, coupled with the fact that he applied for it using the identity
of private complainant.

Lastly, we find no reason to alter the penalty imposed by the RTC as modified by the CA. Section 10 of
R.A. No. 8484 prescribes the penalty of imprisonment for not less than six (6) years and not more than ten (10)
years, and a fine of P10,000.00 or twice the value of the access device obtained, whichever is greater. Thus, the
CA aptly affirmed the imposition of the indeterminate penalty of six years to not more than ten years
imprisonment, and a fine of P10,000.00.