What is “Obstruction of Justice”?

The term is used to refer to the acts punished under Presidential Decree No. 1829 - Penalizing
Obstruction of Apprehension and Prosecution of Criminal Offenders.

Presidential Decree No. 1829. PENALIZING OBSTRUCTION OF APPREHENSION AND

PROSECUTION OF CRIMINAL OFFENDERS

Whereas, crime and violence continue to proliferate despite the sustained vigorous efforts of the
government to effectively contain them;

Whereas, to discourage public indifference or apathy towards the apprehension and prosecution of
criminal offenders, it is necessary to penalize acts which obstruct or frustrate or tend to obstruct or
frustrate the successful apprehension and prosecution of criminal offenders;

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

SECTION 1. The penalty of prision correccional in its maximum period, or a fine ranging from 1,000
to 6,000 pesos, or both, shall be imposed upon any person who knowingly or willfully obstructs,
impedes, frustrates or delays the apprehension of suspects and the investigation and prosecution of
criminal cases by committing any of the following acts:

(a) Preventing witnesses from testifying in any criminal proceeding or from reporting the commission
of any offense or the identity of any offender/s by means of bribery, misrepresentation, deceit,
intimidation, force or threats;

(b) Altering, destroying, suppressing or concealing any paper, record, document, or object with intent
to impair its verity, authenticity, legibility, availability, or admissibility as evidence in any investigation
of or official proceedings in criminal cases, or to be used in the investigation of, or official proceedings
in, criminal cases;

(c) Harboring or concealing, or facilitating the escape of, any person he knows, or has reasonable
ground to believe or suspect, has committed any offense under existing penal laws in order to prevent
his arrest, prosecution and conviction;

(d) Publicly using a fictitious name for the purpose of concealing a crime, evading prosecution or the
execution of a judgment, or concealing his true name and other personal circumstances for the same
purpose or purposes;

(e) Delaying the prosecution of criminal cases by obstructing the service of process or court orders or
disturbing proceedings in the fiscals’ offices, in Tanodbayan, or in the courts;

(f) Making, presenting or using any record, document, paper or object with knowledge of its falsity
and with intent to affect the course or outcome of the investigation of, or official proceedings in,
criminal cases;

(g) Soliciting, accepting, or agreeing to accept any benefit in consideration of abstaining from,
discontinuing, or impeding the prosecution of a criminal offender;

(h) Threatening directly or indirectly another with the infliction of any wrong upon his person, honor
or property or that of any immediate member or members of his family in order to prevent a person
from appearing in the investigation of, or official proceedings in, criminal cases, or imposing a
condition, whether lawful or unlawful, in order to prevent a person from appearing in the
investigation of or in official proceedings in criminal cases;

(i) Giving of false or fabricated information to mislead or prevent the law enforcement agencies from
apprehending the offender or from protecting the life or property of the victim; or fabricating
information from the data gathered in confidence by investigating authorities for purposes of
background information and not for publication and publishing or disseminating the same to mislead
the investigator or the court.

If any of the acts mentioned herein is penalized by any other law with a higher penalty, the higher
penalty shall be imposed.

SEC. 2. If any of the foregoing acts is committed by a public official or employee, he shall, in addition
to the penalties provided thereunder, suffer perpetual disqualification from holding public office.

What is the stated purpose of PD 1829?

As stated in the law, its purpose is to discourage public indifference or apathy towards the
apprehension and prosecution of criminal offenders, it is necessary to penalize acts which obstruct or
frustrate or tend to obstruct or frustrate the successful apprehension and prosecution of criminal
offenders.

What is the penalty for “Obstruction of Justice”?

The penalty is imprisonment, fine or both. Imprisonment ranges from 4 years, 2 months and 1 day to 6
years (prision correccional in its maximum period). The fine ranges from P1, 000 – P6, 000.

Who may be charged under PD 1829?

Any person — whether private or public — who commits the acts enumerated below may be charged
with violating PD 1829. In case a public officer is found guilty, he shall also suffer perpetual
disqualification from holding public office.

What are the acts punishable under this law?

The law covers the following acts of any person who knowingly or willfully obstructs, impedes,
frustrates or delays the apprehension of suspects and the investigation and prosecution of criminal
cases:

a. Preventing witnesses from testifying in any criminal proceeding or from reporting the commission of
any offense or the identity of any offender/s by means of bribery, misrepresentation, deceit,
intimidation, force or threats.

b. Altering, destroying, suppressing or concealing any paper, record, document, or object with intent
to impair its verity, authenticity, legibility, availability, or admissibility as evidence in any investigation
of or official proceedings in criminal cases, or to be used in the investigation of, or official proceedings
in, criminal cases.

c. Harboring or concealing, or facilitating the escape of, any person he knows, or has reasonable
ground to believe or suspect, has committed any offense under existing penal laws in order to prevent
his arrest, prosecution and conviction.

d. Publicly using a fictitious name for the purpose of concealing a crime, evading prosecution or the
execution of a judgment, or concealing his true name and other personal circumstances for the same
purpose or purposes.

e. Delaying the prosecution of criminal cases by obstructing the service of process or court orders or
disturbing proceedings in the fiscals’ offices, in Tanodbayan, or in the courts.

f. Making, presenting or using any record, document, paper or object with knowledge of its falsity and
with intent to affect the course or outcome of the investigation of, or official proceedings in, criminal
cases.

g. Soliciting, accepting, or agreeing to accept any benefit in consideration of abstaining from,

discontinuing, or impeding the prosecution of a criminal offender.
 h. Threatening directly or indirectly another with the infliction of any wrong upon his person, honor
or property or that of any immediate member or members of his family in order to prevent a person
from appearing in the investigation of, or official proceedings in, criminal cases, or imposing a
condition, whether lawful or unlawful, in order to prevent a person from appearing in the
investigation of or in official proceedings in criminal cases.

i. Giving of false or fabricated information to mislead or prevent the law enforcement agencies from
apprehending the offender or from protecting the life or property of the victim; or fabricating
information from the data gathered in confidence by investigating authorities for purposes of
background information and not for publication and publishing or disseminating the same to mislead
the investigator or the court.

What are some of the instances when questions against charges under PD 1829 reached the Supreme
Court?

In Posadas vs. Ombudsman (G.R. No. 131492, 29 September 2000), certain officials of the University
of the Philippines (UP) were charged for violating PD 1829 (paragraph c above). The UP officers
objected to the warrantless arrest of certain students by the National Bureau of Investigation (NBI).
According to the Supreme Court, the police had no ground for the warrantless arrest. The UP Officers,
therefore, had a right to prevent the arrest of the students at the time because their attempted arrest
was illegal. The “need to enforce the law cannot be justified by sacrificing constitutional rights.”

In another case, Sen. Juan Ponce Enrile was charged under PD 1829, for allegedly accommodating Col.
Gregorio Honasan by giving him food and comfort on 1 December 1989 in his house. “Knowing that
Colonel Honasan is a fugitive from justice, Sen. Enrile allegedly did not do anything to have Honasan
arrested or apprehended.” The Supreme Court ruled that Sen. Enrile could not be separately charged
under PD 1829, as this is absorbed in the charge of rebellion already filed against Sen. Enrile.

PD 9995 - The Anti-Photo and Video Voyeurism Act of 2009

A Primer
The highly publicized sex videos of celebrity physician Hayden Kho with various celebrity partners
rocked Philippine society in May 2009 and was quickly shared online and later distributed through
DVD in the streets and sidewalks. In response to this, Congress passed Republic Act 9995 (Anti-Photo
and Video Voyeurism Act of 2009) to prevent the publication and distribution of similar material in
the future. The law prohibits recording videos or taking photos of a sexual act, the male or female
genitalia, and of the female breast, among others, without consent of the persons featured in the
material. The law ultimately seeks to prevent the reproduction, distribution, and publication of said
material regardless of whether or not the persons featured consented to the recording.

Prohibited Acts
The Anti-Photo and Video Voyeurism Act prohibits the following acts:

1. The unconsented taking of a photo or video of a person or group of persons engaged in a sexual act
or any similar activity, or capturing an image of the private area of a person, under circumstances in
which the said person has a reasonable expectation of privacy;
2. The copying or reproduction of such photo or video recording of the sexual act;
3. The selling or distribution of such photo or video recording;
4. The publication or broadcasting, whether in print or broadcast media, or the showing of such sexual
act or any similar activity through VCD/DVD, the internet, cellular phones, and other similar means
or devices without the written consent of the persons featured.
Prohibitions numbered 2, 3, and 4 will still apply even if the person or persons featured in the photo
or video consented to the taking of the photo or recording of the sexual act.

Penalties
The penalties for any person found guilty of violating any of the prohibitions enumerated under
Section 4 of R.A. 9995 range from an imprisonment of 3 to 7 years and a fine of P100,000.00 up to
P500,000.00 at the discretion of the court. Additional penalties are meted for the following violators:
juridical persons, public officers or employees, and aliens.
 Juridical Persons such as Corporations and Partnerships who violate this law will have their licenses or
franchises automatically revoked and their officers held liable, including the editor and reporter in the
case of print media, and the station manager, editor, and broadcaster in the case of broadcast media.
Public officers or employees who violate this law shall also be held administratively liable, whereas
aliens who violate the law shall be subject to deportation proceedings after they serve their sentence
and pay the fines imposed.

Important Questions

1. What does the “private area of a person” include?

The “private area of a person” includes naked or undergarment-clad genitals, pubic area, buttocks, or
the female breast.

2. What does it mean to have a reasonable expectation of privacy?

R.A. 9995 contemplates two situations where a person can have a reasonable expectation of
privacy:

1. When the person believes that one could undress in privacy without being concerned that an image
of him or her is being taken; and,
2. When a reasonable person would believe that one’s private area would not be visible regardless of
whether the person is in a public or private place.

3. Will one be liable for the non-commercial copying or reproduction of said photo or video?
Yes. The mere copying or reproduction of said material will make one liable under the law regardless
of the reason or whether one profits or not from such act. Indeed, the mere showing of the material
on one’s cellphone would violate the law.

4. The persons in the photo knew and consented to the video recording or taking of the photo;
can I reproduce, distribute, or broadcast it?
If the person or persons in the photo or video gave written consent for the reproduction, distribution,
or broadcasting of said material, then one will not be held liable under the Anti-Photo and Video
Voyeurism Act. However, if the person merely consented to the taking of the photo or the video
recording and did not give written consent for its reproduction, distribution, and broadcasting, then
anyone committing the said acts shall be held liable under R.A. 9995.

Anti-Car napping Act of 1972 (R.A. 6359) and New Anti-Carnapping Act of 2016 (R.A. 10883)

R.A. 6539 R.A. 10883

Short title: “New Anti-Carnapping Act of 2016”
“Anti-Carnapping Act of 1972.”
Definition of Terms (d) Identity transfer
"Defacing or tampering with" a serial (i) Second hand spare parts
number is the erasing, scratching, altering (j) Total wreck
or changing of the original factory-inscribed (k) Unlawful transfer or use of vehicle
serial number on the motor vehicle engine, plates
engine block or chassis of any motor
vehicle. Whenever any motor vehicle is
found to have a serial number on its motor
engine, engine block or chassis which is
different from that which is listed in the
records of the Bureau of Customs for
motor vehicles imported into the
Philippines, that motor vehicle shall be
considered to have a defaced or tampered
with serial number.
Sec. 3 (separate provision for the definition
of “Carnapping”
Section 14. Penalty for Carnapping. Any New Penalties
person who is found guilty of carnapping, Sec. 3:
as this term is defined in Section two of this
Act, shall, irrespective of the value of
motor vehicle taken, be punished by
imprisonment for not less than fourteen
(14) years and eight (8) months and not
more than seventeen (17) years and four
(4) months, when the carnapping is
committed without violence or
intimidation of persons, or force upon
things; and by imprisonment for not less
than seventeen (17) years and four (4)
months and not more than thirty (30)
years, when the carnapping is committed
by means of violence against or
intimidation of any person, or force upon
things; and the penalty of life
imprisonment to death shall be imposed
when the owner, driver or occupant of the
carnapped motor vehicle is killed in the
commission of the carnapping.
Section 4. Permanent registry of motor Sec. 7. Permanent registry of motor vehicle
vehicle engines, engine blocks and engines, engine blocks and chassis.
chassis. The Land Transportation Additional Clause
Commission shall keep a permanent
registry of motor vehicle engines, engine
blocks and chassis of all motor vehicles,
specifying therein their type, make and
serial numbers and stating therein the
names and addresses of their present and
previous owners. Copies of the registry and
of all entries made thereon shall be
furnished the Philippine Constabulary and
all Land Transportation Commission
regional, provincial and city branch
offices: Provided, That all Land
Transportation Commission regional,
provincial and city branch offices are
likewise obliged to furnish copies of all
registration of motor vehicles to the main
office and to the Philippine Constabulary.
Not less that twenty (20) years and one (1)
day but not more than thirty (30) years, if
committed without violence against or
intimidation of persons, or force upon
things;
Not less that twenty (30) years and one (1)
day but not more than thirty (40) years, if
committed with violence against or
intimidation of persons, or force upon
things;
Life imprisonment, when owner, driver, or
occupant of the carnapped motor vehicle is
killed or raped in the commission of the
carnapping
Bail denied when the evidence of guilt is
strong
For persons charged with carnapping or
when the crime of carnapping is committed
by criminal groups, gangs, or syndicates or
by means of violence or intimidation of
any person/s or force upon things; or when
owner, driver, passenger or occupant of
the carnapped motor vehicle is killed or
raped in the course of the carnapping
New Offense:
Sec. 4. Concealment of Carnapping
Penalty:
Six (6) years up to twelve (12) years, and a
fine equal to the amount of the acquisition
cost of the motor vehicle, engine or any
other part involved in the violation
Provided further, That the original copy of
the certificate of registration shall be given
to the registered owner, the second copy
shall be retained with the LTO and the
third copy shall be submitted to the PNP.
Moreover, it shall be unlawful for any
person or employee who willfully encodes
in the registry of motor vehicles a non-
existing vehicle or without history, new
identity of already existing vehicle or
double/multiple registration (“KAMBAL”)
of vehicle.
 Section 5. Registration of sale, transfer,
conveyance, substitution or replacement of
a motor vehicle engine, engine block or
chassis. Every sale, transfer, conveyance,
substitution or replacement of a motor
vehicle engine, engine block or chassis of a
motor vehicle shall be registered with the
Land Transportation Commission. Motor
vehicles assembled and rebuilt or repaired
by replacement with motor vehicle
engines, engine blocks and chassis not
registered with the Land Transportation
Commission shall not be issued certificates
of registration and shall be considered as
untaxed imported motor vehicles or motor
vehicles carnapped or proceeding from
illegal sources.
Section 7. Duty of Collector of Customs to
report arrival of imported motor vehicle,
etc.
Section 12. Defacing or tampering with
serial numbers of motor vehicle engines,
engine blocks and chassis. It shall be
unlawful for any person to deface or
otherwise tamper with the original or
registered serial number of motor vehicle
engines, engine blocks and chassis.
Sec. 8. Registration of sale, transfer,
conveyance, substitution or replacement of
a motor vehicle engine, engine block or
chassis. Every sale, transfer, conveyance,
substitution or replacement of a motor
vehicle engine, engine block or chassis of a
motor vehicle shall be registered with the
Land Transportation Office within twenty
(20) working days upon
purchase/acquisition of a motor vehicle
and substitution or replacement of a motor
vehicle engine, engine block or chassis. A
motor vehicle, motor vehicle engine,
engine block or chassis not registered with
the LTO shall be presumed as a carnapped
vehicle, an untaxed imported vehicle, or a
vehicle proceeding from illegal sources
unless proven otherwise and shall be
confiscated in favor of the government.
Sec. 9 Additional clause:
Provided, That a PNP clearance shall be
required prior to engraving the engine or
chassis number.
Defacing or tampering with serial numbers
of motor vehicle engines, engine blocks
and chassis. (Sec. 14)
Identity Transfer (Sec. 15)
Transfer of Vehicle Plate (Sec. 16)
Sale of Secondhand Spare Parts (Sec. 17)
Foreign Nationals, Deportation (Sec. 18)

Republic Act No. 9208 - Anti-Trafficking in Persons Act of 2003

What is the meaning of “trafficking in persons”? It refers to the recruitment, transportation, transfer or
harboring, or receipt of persons with or without the victim’s consent or knowledge, within or across
national borders by means of threat or use of force, or other forms of coercion, abduction, fraud,
deception, abuse of power or of position, taking advantage of the vulnerability of the person, or, the
giving or receiving of payments or benefits to achieve the consent of a person having control over
another person for the purpose of exploitation which includes at a minimum, the exploitation or the
prostitution of others or other forms of sexual exploitation, forced labor or services, slavery, servitude
or the removal or sale of organs.

The recruitment, transportation, transfer, harboring or receipt of a child for the purpose of
exploitation shall also be considered as “trafficking in persons” even if it does not involve any of the
means set forth in the preceding paragraph.

What is “forced labor and slavery”? It is the extraction of work or services from any person by means
of enticement, violence, intimidation or threat, use of force or coercion, including deprivation of
freedom, abuse of authority or moral ascendancy, debt-bondage or deception.

What is “debt bondage”? It refers to the pledging by the debtor of his/her personal services or labor or
those of a person under his/her control as security or payment for a debt, when the length and nature
of services is not clearly defined or when the value of the services as reasonably assessed is not applied
toward the liquidation of the debt.
How does the law define sex exploitation, prostitution, pornography, and sex tourism?

“Sexual exploitation” refers to participation by a person in prostitution or the production of

pornographic materials as a result of being subjected to a threat, deception, coercion, abduction, force,
abuse of authority, debt bondage, fraud or through abuse of a victim’s vulnerability.

“Prostitution” refers to any act, transaction, scheme or design involving the use of a person by another,
for sexual intercourse or lascivious conduct in exchange for money, profit or any other consideration.

“Pornography” refers to any representation, through publication, exhibition, cinematography, indecent

shows, information technology, or by whatever means, of a person engaged in real or simulated
explicit sexual activities or any representation of the sexual parts of a person for primarily sexual
purposes.

“Sex tourism” refers to a program organized by travel and tourism-related establishments and
individuals which consists of tourism packages or activities, utilizing and offering escort and sexual
services as enticement for tourists. This includes sexual services and practices offered during rest and
recreation periods for members of the military.

What are the prohibited acts of trafficking in persons and what is the penalty? It shall be unlawful for
any person, natural or juridical, to commit any of the following acts:

1. To recruit, transport, transfer; harbor, provide, or receive a person by any means, including
those done under the pretext of domestic or overseas employment or training or
apprenticeship, for the purpose of prostitution, pornography, sexual exploitation, forced labor,
slavery, involuntary servitude or debt bondage.
2. To introduce or match for money, profit, or material, economic or other consideration, any
person or, as provided for under Republic Act No. 6955, any Filipino woman to a foreign
national, for marriage for the purpose of acquiring, buying, offering, selling or trading him/her
to engage in prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary
servitude or debt bondage.
3. To offer or contract marriage, real or simulated, for the purpose of acquiring, buying, offering,
selling, or trading them to engage in prostitution, pornography, sexual exploitation, forced
labor or slavery, involuntary servitude or debt bondage.
4. To undertake or organize tours and travel plans consisting of tourism packages or activities for
the purpose of utilizing and offering persons for prostitution, pornography or sexual
exploitation.
5. To maintain or hire a person to engage in prostitution or pornography.
6. To adopt or facilitate the adoption of persons for the purpose of prostitution, pornography,
sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage. (Conviction
by final judgment of the adopter for any offense under this law shall result in the immediate
rescission of the decree of adoption).
7. To recruit, hire, adopt, transport or abduct a person, by means of threat or use of force, fraud,
deceit, violence, coercion, or intimidation for the purpose of removal or sale of organs of said
person.
8. To recruit, transport or adopt a child to engage in armed activities in the Philippines or abroad.

The penalty is imprisonment for a period of 20 years and a fine of not less than P1 Million but not
more than P2 Million.

What are the punishable acts that promote trafficking in persons and what is the penalty? The
following acts which promote or facilitate trafficking in persons, shall be unlawful:

1. To knowingly lease or sublease, use or allow to be used any house, building or establishment
for the purpose of promoting trafficking in persons.
2. To produce, print and issue or distribute unissued, tampered or fake counseling certificates,
registration stickers and certificates of any government agency which issues these certificates and
stickers as proof of compliance with government regulatory and pre-departure requirements for
the purpose of promoting trafficking in persons.
 3. To advertise, publish, print, broadcast or distribute, or cause the advertisement, publication,
printing, broadcasting or distribution by any means, including the use of information technology
and the internet, of any brochure, flyer, or any propaganda material that promotes trafficking
in persons.
4. To assist in the conduct of misrepresentation or fraud for purposes of facilitating the acquisition
of clearances and necessary exit documents from government agencies that are mandated to
provide pre-departure registration and services for departing persons for the purpose of
promoting trafficking in persons.
5. To facilitate, assist or help in the exit and entry of persons from/to the country at international
and local airports, territorial boundaries and seaports who are in possession of unissued,
tampered or fraudulent travel documents for the purpose of promoting trafficking in persons.
6. To confiscate, conceal, or destroy the passport, travel documents, or personal documents or
belongings of trafficked persons in furtherance of trafficking or to prevent them from leaving
the country or seeking redress from the government or appropriate agencies.
7. To knowingly benefit from, financial or otherwise, or make use of, the labor or services of a
person held to a condition of involuntary servitude, forced labor, or slavery.

The penalty is imprisonment for 15 years and a fine of not less than P500,000, but not more than P1
Million.

What acts are considered as “qualified trafficking in persons” and what is the penalty? The following
are considered as qualified trafficking:

1. When the trafficked person is a child.

2. When the adoption is effected through Republic Act No. 8043, otherwise known as the “Inter-
Country Adoption Act of 1995” and said adoption is for the purpose of prostitution,
pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage.
3. When the crime is committed by a syndicate, or in large scale. Trafficking is deemed committed
by a syndicate if carried out by a group of three (3) or more persons conspiring or
confederating with one another. It is deemed committed in large scale if committed against
three (3) or more persons, individually or as a group.
4. When the offender is an ascendant, parent, sibling, guardian or a person who exercises
authority over the trafficked person or when the offense is committed by a public officer or
employee.
5. When the trafficked person is recruited to engage in prostitution with any member of the
military or law enforcement agencies.
6. When the offender is a member of the military or law enforcement agencies.
7. When by reason or on occasion of the act of trafficking in persons, the offended party dies,
becomes insane, suffers mutilation or is afflicted with Human Immunodeficiency Virus (HIV) or
the Acquired Immune Deficiency Syndrome (AIDS).

In these cases, the penalty is life imprisonment and a fine of not less than P2 Million, but not more
than P5 Million.

What are the penalties for “use of trafficked persons”? Any person who buys or engages the services of
trafficked persons for prostitution shall be penalized as follows:

 First offense: 6 months of community service as may be determined by the court and a fine of
P50,000.
 Second and subsequent offenses: Imprisonment of 1 year and a fine of P100,000.

What is the penalty for violations in case of confidential proceedings? In cases when prosecution or
trial is conducted behind closed-doors, it shall be unlawful for any editor, publisher, and reporter or
columnist in case of printed materials, announcer or producer in case of television and radio, producer
and director of a film in case of the movie industry, or any person utilizing tri-media facilities or
information technology to cause publicity of any case of trafficking in persons. The penalty is
imprisonment of 6 years and a fine of not less than P500,000, but not more than P1 Million.
Who can prosecute the case? Any person who has personal knowledge of the commission of any
offense under this law, the trafficked person, the parents, spouse, siblings, children or legal guardian
may file a complaint for trafficking.

Where the case should be filed (venue)? A criminal action arising from violation of this law shall be
filed where the offense was committed, or where any of its elements occurred, or where the trafficked
person actually resides at the time of the commission of the offense: Provided, that the court where the
criminal action is first filed shall acquire jurisdiction to the exclusion of other courts.

How about foreigners? If the offender is a foreigner, he shall be immediately deported after serving his
sentence and be barred permanently from entering the country.

On the other hand, the DOJ, in consultation with DFA, shall endeavor to include offenses of trafficking
in persons among extraditable offenses.

Trafficked persons in the Philippines who are foreign nationals shall, subject to the guidelines issued by
the Council, shall also be entitled to appropriate protection, assistance and services available to
trafficked persons under this law. That they shall be permitted continued presence in the Philippines for
a length of time prescribed by the Council as necessary to effect the prosecution of offenders.

What is the prescriptive period for the offenses? Trafficking cases under this law shall prescribe in 10
years. Trafficking cases committed by a syndicate or in a large scale shall prescribe in 20 years. The
prescriptive period shall commence to run from the day on which the trafficked person is delivered or
released from the conditions of bondage and shall be interrupted by the filing of the complaint or
information and shall commence to run again when such proceedings terminate without the accused
being convicted or acquitted or are unjustifiably stopped for any reason not imputable to the accused.

What are the mandatory services to trafficked persons? The concerned government agencies shall make
available the following services to trafficked persons:

1. Emergency shelter or appropriate housing.

2. Counseling.
3. Free legal services which shall include information about the victims’ rights and the procedure
for filing complaints, claiming compensation and such other legal remedies available to them, in
a language understood by the trafficked person.
4. Medical or psychological services.
5. Livelihood and skills training.
6. Educational assistance to a trafficked child.

Repatriation of Trafficked Persons. The DFA, in coordination with DOLE and other appropriate
agencies, shall have the primary responsibility for the repatriation of trafficked persons, regardless of
whether they are documented or undocumented. If, however, the repatriation of the trafficked
persons shall expose the victims to greater risks, the DFA shall make representation with the host
government for the extension of appropriate residency permits and protection, as may be legally
permissible in the host country.

Legal Protection to Trafficked Persons. Trafficked persons shall be recognized as victims of the act or
acts of trafficking and as such shall not be penalized for crimes directly related to the acts of trafficking
enumerated in this law or in obedience to the order made by the trafficker in relation thereto. In this
regard, the consent of a trafficked person to the intended exploitation set forth in this law shall be
irrelevant.

RA 4200 - The Anti-Wiretapping Law

Republic Act 4200 is probably the most quoted law nowadays. Thus, it is worthy to examine the said
law and discuss its pertinent provisions.

Section 1 of R.A. 4200 entitled, ” An Act to Prohibit and Penalized Wire Tapping and Other Related
Violations of Private Communication and Other Purposes,” provides that it shall be unlawfull for any
person, not being authorized by all the parties to any private communication or spoken word, to tap
any wire or cable, or by using any other device or arrangement, to secretly overhear, intercept, or
record such communication or spoken word by using a device commonly known as a dictaphone or
dictagraph or detectaphone or walkie-talkie or tape recorder, or however otherwise described.

In Ramirez vs. Court of Appeals, [G.R. No. 93833 (Sept. 28, 1995)], petitioner Ramirez vigorously
argues, that the applicable provision of Republic Act 4200 does not apply to the taping of a private
conversation by one of the parties to the conversation. She contends that the provision merely refers
to the unauthorized taping of a private conversation by a party other than those involved in the
communication. In relation to this, petitioner avers that the substance or content of the conversation
must be alleged in the Information, otherwise the facts charged would not constitute a violation of
R.A. 4200. Finally, petitioner agues that R.A. 4200 penalizes the taping of a “private communication,”
not a “private conversation” and that consequently, her act of secretly taping her conversation with
private respondent was not illegal under the said act.

The Supreme Court disagreed with the petitioner. It stated that Section 1 of R.A. 4200 “clearly and
unequivocally makes it illegal for any person, not authorized by all the parties to any private
communication to secretly record such communication by means of a tape recorder. The law makes no
distinction as to whether the party sought to be penalized by the statute ought to be a party other
than or different from those involved in the private communication. The statute’s intent to penalize all
persons unauthorized to make such recording is underscored by the use of the qualifier “any”.
Consequently, …….even a (person) privy to a communication who records his private conversation
with another without the knowledge of the latter (will) qualify as a “violator” under this provision of
R.A. 4200.”

The Supreme Court held further that the nature of the conversations is immaterial to a violation of the
statute. It held that:

“The substance of the same need not be specifically alleged in the information. What R.A. 4200
penalizes are the acts of secretly overhearing, intercepting or recording private communications by
means of the devices enumerated therein. The mere allegation that an individual made a secret
recording of a private communication by means of a tape recorder would suffice to constitute an
offense under Section 1 of R.A. 4200. As the Solicitor General pointed out in his COMMENT before
the respondent court: “Nowhere (in the said law) is it required that before one can be regarded as a
violator, the nature of the conversation, as well as its communication to a third person should be
professed.”

Curiously, in Gaanan vs. Intermediate Appellate Court, [145 SCRA 112 (1986)], a case which dealt with
the issue of telephone wiretapping, the Supreme Court held that the use of a telephone extension for
the purpose of overhearing a private conversation without authorization did not violate R.A. 4200
because a telephone extension devise was neither among those “device(s) or arrangement(s)”
enumerated therein, following the principle that “penal statutes must be construed strictly in favor of
the accused.”

WHEN IS WIRETAPPING ALLOWED?

Under Section 3 of R.A. 4200, a peace officer, who is authorized by a written order of the Court,
may execute any of the acts declared to be unlawful in the two preceding sections in cases involving
the crimes of treason, espionage, provoking war and disloyalty in case of war, piracy, mutiny in the
high seas, rebellion, conspiracy and proposal to commit rebellion, inciting to rebellion, sedition,
conspiracy to commit sedition, inciting to sedition, kidnapping as defined by the Revised Penal Code,
and violations of Commonwealth Act No. 616, punishing espionage and other offenses against
national security. Such written order shall only be issued or granted upon written application and the
examination under oath or affirmation of the applicant and the witnesses he may produce and a
showing: (1) that there are reasonable grounds to believe that any of the crimes enumerated
hereinabove has been committed or is being committed or is about to be committed: Provided,
however, That in cases involving the offenses of rebellion, conspiracy and proposal to commit
rebellion, inciting to rebellion, sedition, conspiracy to commit sedition, and inciting to sedition, such
authority shall be granted only upon prior proof that a rebellion or acts of sedition, as the case may
be, have actually been or are being committed; (2) that there are reasonable grounds to believe that
evidence will be obtained essential to the conviction of any person for, or to the solution of, or to the
prevention of, any of such crimes; and (3) that there are no other means readily available for obtaining
such evidence.

INADMISSIBILITY OF WIRETAPPED EVIDENCE

Section 4 of R.A. 4200 declares that any communication or spoken word, or the existence, contents,
substance, purport, effect, or meaning of the same or any part thereof, or any information therein
contained obtained or secured by any person in violation of the preceding sections of this Act shall not
be admissible in evidence in any judicial, quasi-judicial, legislative or administrative hearing or
investigation.