August 8, 1974

PRESIDENTIAL DECREE NO. 532

ANTI-PIRACY AND ANTI-HIGHWAY ROBBERY LAW OF 1974

WHEREAS, reports from law-enforcement agencies reveal that lawless

elements are still committing acts of depredations upon the persons and
properties of innocent and defenseless inhabitants who travel from one place
to another, thereby disturbing the peace, order and tranquility of the nation
and stunting the economic and social progress of the people; cda

WHEREAS, such acts of depredations constitute either piracy or

highway robbery/brigandage which are among the highest forms of
lawlessness condemned by the penal statutes of all countries; and
WHEREAS, it is imperative that said lawless elements be discouraged
from perpetrating such acts of depredations by imposing heavy penalty on the
offenders, with the end in view of eliminating all obstacles to the economic,
social, educational and community progress of the people;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the
Philippines, by virtue of the powers vested in me by the Constitution and
pursuant toProclamation No. 1081, dated September 21, 1972 and No. 1104,
dated January 17, 1973 and General Order No. 1, dated September 22, 1972,
do hereby order and decree as part of the law of the land the following: cdt

SECTION 1. Title. — This Decree shall be known as the Anti-Piracy

and Anti-Highway Robbery Law of 1974.
SECTION 2. Definition of Terms. — The following terms shall mean and
be understood, as follows:
a. Philippine Waters. — It shall refer to all bodies of water, such as
but not limited to, seas, gulfs, bays around, between and
connecting each of the Islands of the Philippine Archipelago,
irrespective of its depth, breadth, length or dimension, and
all other waters belonging to the Philippines by historic or
legal title, including territorial sea, the sea-bed, the insular
shelves, and other submarine areas over which the
Philippines has sovereignty or jurisdiction.
b. Vessel. — Any vessel or watercraft used for transport of
passengers and cargo from one place to another through
 Philippine Waters. It shall include all kinds and types of
vessels or boats used in fishing. cda

c. Philippine Highway. — It shall refer to any road, street, passage,

highway and bridges or other parts thereof, or railway or
railroad within the Philippines used by persons, or vehicles,
or locomotives or trains for the movement or circulation of
persons or transportation of goods, articles, or property or
both.
d. Piracy. — Any attack upon or seizure of any vessel, or the taking
away of the whole or part thereof or its cargo, equipment, or
the personal belongings of its complement or passengers,
irrespective of the value thereof, by means of violence
against or intimidation of persons or force upon things,
committed by any person, including a passenger or member
of the complement of said vessel, in Philippine waters, shall
be considered as piracy. The offenders shall be considered
as pirates and punished as hereinafter provided.
e. Highway Robbery/Brigandage. — The seizure of any person for
ransom, extortion or other unlawful purposes, or the taking
away of the property of another by means of violence
against or intimidation of person or force upon things of other
unlawful means, committed by any person on any Philippine
Highway.
SECTION 3. Penalties. — Any person who commits piracy or highway
robbery/brigandage as herein defined, shall, upon conviction by competent
court be punished by:
a. Piracy. — The penalty of reclusion temporal in its medium and
maximum periods shall be imposed. If physical injuries or
other crimes are committed as a result or on the occasion
thereof, the penalty of reclusion perpetua shall be imposed.
If rape, murder or homicide is committed as a result or on
the occasion of piracy, or when the offenders abandoned the
victims without means of saving themselves, or when the
seizure is accomplished by firing upon or boarding a vessel,
the mandatory penalty of death shall be imposed. acd

b. Highway Robbery/Brigandage. — The penalty of reclusion

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

SECTION 4. Aiding Pirates or Highway Robbers/Brigands or Abetting

Piracy or Highway Robbery/Brigandage. — Any person who knowingly and in
any manner aids or protects pirates or highway robbers/brigands, such as
giving them information about the movement of police or other peace officers
of the government, or acquires or receives property taken by such pirates or
brigands or in any manner derives any benefit therefrom; or any person who
directly or indirectly abets the commission of piracy or highway robbery or
brigandage, shall be considered as an accomplice of the principal offenders
and be punished in accordance with the Rules prescribed by the Revised
Penal Code.
It shall be presumed that any person who does any of the acts provided
in this Section has performed them knowingly, unless the contrary is proven. acd

SECTION 5. Repealing Clause. — Pertinent portions of Act No. 3815,

otherwise known as the Revised Penal Code; and all laws, decrees, or orders
or instructions, or parts thereof, insofar as they are inconsistent with this
Decree are hereby repealed or modified accordingly.
SECTION 6. Effectivity. — This Decree shall take effect upon
approval. acd

DONE in the City of Manila, this 8th day of August, in the year of Our
Lord, Nineteen Hundred and Seventy-Four.
(Anti-Piracy and Anti-Highway Robbery Law of 1974, Presidential Decree No.
|||

532, [August 8, 1974])

August 8, 1974

PRESIDENTIAL DECREE NO. 533

THE ANTI-CATTLE RUSTLING LAW OF 1974

WHEREAS, large cattle are indispensable to the livelihood and

economic growth of our people, particularly the agricultural workers, because
such large cattle are the work-animals of our farmers and the source of fresh
meat and dairy products for our people, and provide raw material for our
tanning and canning industries; cdasia

WHEREAS, reports from the law-enforcement agencies reveal that

there is a resurgence of thievery of large cattle, commonly known as "cattle
rustling", especially in the rural areas, thereby directly prejudicing the
livelihood of the agricultural workers and adversely affecting our food
production program for self-sufficiency in rice, corn and other staple crops, as
well as in fresh meat;
WHEREAS, there is an urgent need to protect large cattle raising
industry and small time large cattle owners and raisers from the nefarious
activities of lawless elements in order to encourage our hardworking cattle
raisers and farmers to raise more cattle and concentrate in their agricultural
works, thus increasing our source of meat and dairy products as well as
agricultural production and allied industries which depend on the cattle raising
industry;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the
Republic of the Philippines, by virtue of the powers vested in me by the
Constitution and pursuant to Proclamations No. 1081, dated September 21,
1972 and No. 1104, dated January 17, 1973 and General Order No. 1 dated
September 22, 1972, do hereby order and decree as part of the law of the
land, the following:
SECTION 1. Title. — This Decree shall be known as the "Anti-Cattle
Rustling Law of 1974."
SECTION 2. Definition of Terms. — The following terms shall mean and
be understood to be as herein defined:
a. Large cattle as herein used shall include the cow, carabao,
horse, mule, ass, or other domesticated member of the
bovine family. cda

b. Owner/raiser shall include the herdsman, caretaker, employee

or tenant of any firm or entity engaged in the raising of large
cattle or other persons in lawful possession of such large
cattle.
c. Cattle rustling is the taking away by any means, method or
scheme, without the consent of the owner/raiser, of any of
the above-mentioned animals whether or not for profit or
gain, or whether committed with or without violence against
or intimidation of any person or force upon things. It includes
the killing of large cattle, or taking its meat or hide without
the consent of the owner/raiser.
 SECTION 3. Duty of Owner/Raiser to Register. — The owner/raiser
shall, before the large cattle belonging to him shall attain the age of six
months, register the same with the office of the city/municipal treasurer where
such large cattle are raised. The city/municipality concerned may impose and
collect the fees authorized by existing laws for such registration and the
issuance of a certificate of ownership to the owner/raiser.casia

SECTION 4. Duty of City/Municipal Treasurers and Other Concerned

Public Officers and Employees. — All public officials and employees
concerned with the registration of large cattle are required to observe strict
adherence with pertinent provisions of Chapter 22, Sections 511 to 534, of the
Revised Administrative Code, except insofar as they may be inconsistent with
the provisions of this Decree.
SECTION 5. Permit to Buy and Sell Large Cattle. — No person,
partnership, association, corporation or entity shall engage in the business of
buy and sell of large cattle without first securing a permit for the said purpose
from the Provincial Commander of the province where it shall conduct such
business and the city/municipal treasurer of the place of residence of such
person, partnership, association, corporation or entity. The permit shall only
be valid in such province.
SECTION 6. Clearance for Shipment of Large Cattle. — Any person,
partnership, association, corporation or entity desiring to ship or transport
large cattle, its hides, or meat, from one province to another shall secure a
permit for such purpose from the Provincial Commander of the province
where the large cattle is registered. Before issuance of the permit herein
prescribed, the Provincial Commander shall require the submission of the
certificate of ownership as prescribed in Section 3 hereof, a certification from
the Provincial Veterinarian to the effect that such large cattle, hides or meat
are free from any disease; and such other documents or records as may be
necessary. Shipment of large cattle, its hides or meat from one
city/municipality to another within the same province may be done upon
securing permit from the city/municipal treasurer of the place of origin.
SECTION 7. Presumption of Cattle Rustling. — Every person having in
his possession, control or custody of large cattle shall, upon demand by
competent authorities, exhibit the documents prescribed in the preceding
sections. Failure to exhibit the required documents shall be prima
facie evidence that the large cattle in his possession, control or custody are
the fruits of the crime of cattle rustling.
cda

SECTION 8. Penal Provisions. — Any person convicted of cattle

rustling as herein defined shall, irrespective of the value of the large cattle
involved, be punished by prision mayor in its maximum period to reclusion
temporal in its medium period if the offense is committed without violence
 against or intimidation of persons or force upon things. If the offense is
committed with violence against or intimidation of persons or force upon
things, the penalty of reclusion temporal in its maximum period to reclusion
perpetua shall be imposed. If a person is seriously injured or killed as a result
or on the occasion of the commission of cattle rustling, the penalty
of reclusion perpetua to death shall be imposed.
When the offender is a government official or employee, he shall, in
addition to the foregoing penalty, be disqualified from voting or being voted
upon in any election/referendum and from holding any public office or
employment.
When the offender is an alien, he shall be deported immediately upon
the completion of the service of his sentence without further proceedings. cdasia

SECTION 9. Rules and Regulations to Be Promulgated by the Chief of

Constabulary. — The chief of Constabulary shall promulgate the rules and
regulations for the effective implementation of this Decree.
SECTION 10. Repealing Clause. — The provisions of Articles 309 and
310 of Act No. 3815, otherwise known as the Revised Penal Code, as
amended, pertinent provisions of the Revised Administrative Code, as
amended, all laws, decrees, orders, instructions, rules and regulations which
are inconsistent with this Decree are hereby repealed or modified accordingly.
SECTION 11. Effectivity. — This Decree shall take effect upon
approval.
DONE in the City of Manila, this 8th day of August, in the year of Our
Lord, Nineteen Hundred and Seventy-Four. cda

(Anti-Cattle Rustling Law of 1974, Presidential Decree No. 533, [August 8,

|||

1974])

August 26, 1972

REPUBLIC ACT NO. 6539

AN ACT PREVENTING AND PENALIZING CARNAPPING

SECTION 1. This Act shall be known and may be cited as the "Anti-
Carnapping Act of 1972."
 SECTION 2. Definition of Terms. — The terms "carnapping", "motor
vehicle", "defacing or tampering with", "repainting", "body-building",
"remodelling", "dismantling", and "overhauling", as used in this Act, shall be
understood, respectively, to mean — cda

"Carnapping" is the taking, with intent to gain, of a motor vehicle belonging to

another without the latter's consent, or by means of violence against or
intimidation of persons, or by using force upon things.
"Motor vehicle" is any vehicle propelled by any power other than muscular power
using the public highways, but excepting road rollers, trolley cars, street-
sweepers, sprinklers, lawn mowers, bulldozers, graders, fork-lifts, amphibian
trucks, and cranes if not used on public highways, vehicles, which run only on
rails or tracks, and tractors, trailers and traction engines of all kinds used
exclusively for agricultural purposes. Trailers having any number of wheels, when
propelled or intended to be propelled by attachment to a motor vehicle, shall be
classified as separate motor vehicle with no power rating.
"Defacing or tampering with" a serial number is the erasing, scratching,
altering or changing of the original factory-inscribed serial number on the
motor vehicle engine, 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.
"Repainting" is changing the color of a motor vehicle by means of
painting. There is repainting whenever the new color of a motor vehicle is
different from its color as registered in the Land Transportation Commission.
"Body-building" is a job undertaken on a motor vehicle in order to
replace its entire body with a new body.
"Remodelling" is the introduction of some changes in the shape or form
of the body of the motor vehicle.
"Dismantling" is the tearing apart, piece by piece or part by part, of a
motor vehicle. cd i

"Overhauling" is the cleaning or repairing of the whole engine of a motor

vehicle by separating the motor engine and its parts from the body of the
motor vehicle.
SECTION 3. Registration of Motor Vehicle Engine, Engine Block and
Chassis. — Within one year after the approval of this Act, every owner or
possessor of unregistered motor vehicle or parts thereof in knock down
condition shall register with the Land Transportation Commission the motor
vehicle engine, engine block and chassis in his name or in the name of the
real owner who shall be readily available to answer any claim over the
registered motor vehicle engine, engine block or chassis. Thereafter, all motor
vehicle engines, engine blocks and chassis not registered with the Land
Transportation Commission shall be considered as untaxed importation or
coming from an illegal source or carnapped, and shall be confiscated in favor
of the Government.
All owners of motor vehicles in all cities and municipalities are required
to register their cars with the local police without paying any charges.
SECTION 4. Permanent Registry of Motor Vehicle Engines, Engine
Blocks and Chassis. — The Land Transportation 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.
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. cd i

SECTION 6. Original Registration of Motor Vehicles. — Any person

seeking the original registration of a motor vehicle, whether that motor vehicle
is newly assembled or rebuilt or acquired from a registered owner, shall within
one week after the completion of the assembly or rebuilding job or the
acquisition thereof from the registered owner, apply to the Philippine
Constabulary for clearance of the motor vehicle for registration with the Land
Transportation Commission. The Philippine Constabulary shall, upon receipt
of the application, verify if the motor vehicle or its numbered parts are in the
list of carnapped motor vehicles or stolen motor vehicle parts. If the motor
vehicle or any of its numbered parts is not in that list, the Philippine
Constabulary shall forthwith issue a certificate of clearance. Upon
presentation of the certificate of clearance from the Philippine Constabulary
and after verification of the registration of the motor vehicle engine, engine
block and chassis in the permanent registry of motor vehicle engines, engine
blocks and chassis, the Land Transportation Commission shall register the
motor vehicle in accordance with existing laws, rules and regulations.
SECTION 7. Duty of Collector of Customs to Report Arrival of Imported
Motor Vehicles, etc. — The Collector of Customs of a principal port of entry
where an imported motor vehicle, motor vehicle engine, engine block chassis
or body is unloaded, shall, within seven days after the arrival of the imported
motor vehicle or any of its parts enumerated herein, make a report of the
shipment to the Land Transportation Commission, specifying the make, type
and serial numbers, if any, of the motor vehicle engine, engine block and
chassis or body, and stating the names and addresses of the owner or
consignee thereof. If the motor vehicle engine, engine block, chassis or body
does not bear any serial number, the Collector of Customs concerned shall
hold the motor vehicle engine, engine block, chassis or body until it is
numbered by the Land Transportation Commission.
SECTION 8. Duty of Importers, Distributors and Sellers of Motor
Vehicles to Keep Record of Stocks. — Any person engaged in the
importation, distribution, and buying and selling of motor vehicles, motor
vehicle engines, engine blocks, chassis or body, shall keep a permanent
record of his stocks, stating therein their type, make and serial numbers, and
the names and addresses of the persons from whom they were acquired and
the names and addresses of the persons to whom they were sold, and shall
render an accurate monthly report of his transactions in motor vehicles to the
Land Transportation Commission. cd

SECTION 9. Duty of Manufacturers of Engine Blocks, Chassis or Body

to Cause Numbering of Engine Blocks, Chassis or Body Manufactured. —
Any person engaged in the manufacture of engine blocks, chassis or body
shall cause the numbering of every engine block, chassis or body
manufactured in a convenient and conspicuous part thereof which the Land
Transportation Commission may direct for the purpose of uniformity and
identification of the factory and shall submit to the Land Transportation
Commission a monthly report of the manufacture and sale of engine blocks,
chassis or body.
SECTION 10. Clearance and Permit Required for Assembly or
Rebuilding of Motor Vehicles. — Any person who shall undertake to assemble
or rebuild or cause the assembly or rebuilding of a motor vehicle shall first
secure a certificate of clearance from the Philippine Constabulary: Provided,
That no such permit shall be issued unless the applicant shall present a
statement under oath containing the type, make and serial numbers of the
engine, chassis and body, if any, and the complete list of the spare parts of
the motor vehicle to be assembled or rebuilt together with the names and
addresses of the sources thereof.
 In the case of motor vehicle engines to be mounted on motor boats,
motor bancas and other light water vessels, the applicant shall secure a
permit from the Philippine Coast Guard, which office shall in turn furnish the
Land Transportation Commission the pertinent data concerning the motor
vehicle engines including their type, make and serial numbers.
SECTION 11. Clearance Required for Shipment of Motor
Vehicles, Motor Vehicle Engines, Engine Blocks, Chassis or Body. — Any
person who owns or operates inter-island shipping or any water transportation
with launches, boats, vessels or ships shall within seven days submit a report
to the Philippine Constabulary on all motor vehicle, motor vehicle engines,
engine blocks, chassis or bodies transported by it for the motor vehicle, motor
vehicle engine, engine block, chassis or body to be loaded on board the
launch, boat, vessel or ship. casia

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.
SECTION 13. Penal Provisions. — Any person who violates any
provisions of this Act shall be punished with imprisonment for not less than
two years nor more than six years and a fine equal in amount to the
acquisition cost of the motor vehicle, motor vehicle engine or any other part
involved in the violation: Provided, That if the person violating any provision of
this Act is a juridical person, the penalty herein provided shall be imposed on
its president or secretary and/or members of the board of directors or any of
its officers and employees who may have directly participated in the violation.

Any government official or employee who directly commits the unlawful

acts defined in this Act or is guilty of gross negligence of duty or connives with
or permits the commission of any of the said unlawful act shall, in addition to
the penalty prescribed in the preceding paragraph, be dismissed from the
service with prejudice to his reinstatement and with disqualification from
voting or being voted for in any election and from appointment to any public
office.
SECTION 14. Penalty for Carnapping. — Any person who is found
guilty of carnapping, 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 years and eight months and not more than
seventeen years and four months, when the carnapping is committed without
violence or intimidation of persons, or force upon things; and by imprisonment
for not less than seventeen years and four months and not more than thirty
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 15. Aliens. — Aliens convicted under the provisions of this
Act shall be deported immediately after service of sentence without further
proceedings by the Deportation Board. cdtai

SECTION 16. Reward. — Any person who voluntarily gives information

leading to the recovery of carnapped vehicles and for the conviction of the
persons charged with carnapping shall be given as reward so much reward
money as the Philippine Constabulary may fix. The Philippine Constabulary is
authorized to include in its annual budget the amount necessary to carry out
the purposes of this section. Any information given by informers shall be
treated as confidential matter.
SECTION 17. Separability Clause. — If any provisions of this Act is
declared invalid, the provisions thereof not affected by such declaration shall
remain in force and effect.
SECTION 18. Repealing Clause. — All laws, executive orders, rules
and regulations, or parts thereof, inconsistent with the provisions of this Act
are hereby repealed or amended accordingly.
SECTION 19. Effectivity. — This Act shall take effect upon its approval.
Approved: August 26, 1972
Published in the Official Gazette, Vol. 68, No. 48, p. 9268 on November 27, 1972
||| (Anti-Carnapping Act of 1972, Republic Act No. 6539, [August 26, 1972])

March 7, 1979

PRESIDENTIAL DECREE NO. 1613

AMENDING THE LAW ON ARSON

WHEREAS, findings of the police and intelligence agencies of the

government reveal that fires and other crimes involving destruction in Metro
Manila and other urban centers in the country are being perpetrated by
criminal syndicates, some of which have foreign connections; cda
 WHEREAS, the current law on arson suffers from certain inadequacies
that impede the successful enforcement and prosecution of arsonists; cdt

WHEREAS, it is imperative that the high incidence of fires and other

crimes involving destruction be prevented to protect the national economy and
preserve the social, economic and political stability of the country;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the
Philippines, by virtue of the powers vested in me by the Constitution, do
hereby order and decree as part of the law of the land, the following: acd

SECTION 1. Arson. — Any person who burns or sets fire to the

property of another shall be punished by Prision Mayor.
The same penalty shall be imposed when a person sets fire to his own
property under circumstances which expose to danger the life or property of
another.
SECTION 2. Destructive Arson. — The penalty of Reclusion
Temporal in its maximum period to Reclusion Perpetua shall be imposed if the
property burned is any of the following:
1. Any ammunition factory and other establishment where
explosives, inflammable or combustible materials are stored.
2. Any archive, museum, whether public or private, or any edifice
devoted to culture, education or social services. acd

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

usually assemble. aisa dc

4. Any train, airplane or any aircraft, vessel or watercraft, or

conveyance for transportation of persons or property.
5. Any building where evidence is kept for use in any legislative,
judicial, administrative or other official proceedings.
6. Any hospital, hotel, dormitory, lodging house, housing tenement,
shopping center, public or private market, theater or movie
house or any similar place or building.
7. Any building, whether used as a dwelling or not, situated in a
populated or congested area.
SECTION 3. Other Cases of Arson. — The penalty of Reclusion
Temporal to Reclusion Perpetua shall be imposed if the property burned is
any of the following:
1. Any building used as offices of the government or any of its
agencies;
2. Any inhabited house or dwelling;
 3. Any industrial establishment, shipyard, oil well or mine shaft,
platform or tunnel;
4. Any plantation, farm, pastureland, growing crop, grain field,
orchard, bamboo grove or forest; cdtai

5. Any rice mill, sugar mill, cane mill or mill central; and
6. Any railway or bus station, airport, wharf or warehouse. aisa dc

SECTION 4. Special Aggravating Circumstances in Arson. — The

penalty in any case of arson shall be imposed in its maximum period:
1. If committed with intent to gain;
2. If committed for the benefit of another;
3. If the offender is motivated by spite or hatred towards the owner
or occupant of the property burned;
4. If committed by a syndicate.
The offense is committed by a syndicate if it is planned or carried out by
a group of three (3) or more persons.
SECTION 5. Where Death Results from Arson. — If by reason of or on
the occasion of the arson death results, the penalty of Reclusion Perpetua to
death shall be imposed.
SECTION 6. Prima Facie Evidence of Arson. — Any of the following
circumstances shall constitute prima facie evidence of arson:
1. If the fire started simultaneously in more than one part of the
building or establishment. cd i

2. If substantial amount of flammable substances or materials are

stored within the building not necessary in the business of
the offender nor for household use.
3. If gasoline, kerosene, petroleum or other flammable or
combustible substances or materials soaked therewith or
containers thereof, or any mechanical, electrical, chemical,
or electronic contrivance designed to start a fire, or ashes or
traces of any of the foregoing are found in the ruins or
premises of the burned building or property.
4. If the building or property is insured for substantially more than
its actual value at the time of the issuance of the policy.
5. If during the lifetime of the corresponding fire insurance policy
more than two fires have occurred in the same or other
premises owned or under the control of the offender and/or
insured.
 6. If shortly before the fire, a substantial portion of the effects
insured and stored in a building or property had been
withdrawn from the premises except in the ordinary course
of business.
7. If a demand for money or other valuable consideration was
made before the fire in exchange for the desistance of the
offender or for the safety of the person or property of the
victim.
SECTION 7. Conspiracy to Commit Arson. — Conspiracy to commit
arson shall be punished by Prision Mayor in its minimum period.
SECTION 8. Confiscation of Object of Arson. — The building which is
the object of arson including the land on which it is situated shall be
confiscated and escheated to the State, unless the owner thereof can prove
that he has no participation in nor knowledge of such arson despite the
exercise of due diligence on his part.cdtai

SECTION 9. Repealing Clause. — The provisions of Articles 320 to

326-B of the Revised Penal Code and all laws, executive orders, rules and
regulations, or parts thereof, inconsistent with the provisions of this Decree
are hereby repealed or amended accordingly.
SECTION 10. Effectivity. — This Decree shall take effect immediately
upon publication thereof at least once in a newspaper of general circulation.
DONE in the City of Manila, this 7th day of March, in the year of Our
Lord, Nineteen Hundred and Seventy-Nine.
Published in the Official Gazette, Vol. 75 No. 15 Page 3275 on April 9, 1979.

||| (Amending the Law on Arson, Presidential Decree No. 1613, [March 7, 1979])

April 3, 1979

BATAS PAMBANSA BLG. 22

AN ACT PENALIZING THE MAKING OR DRAWING AND ISSUANCE OF

A CHECK WITHOUT SUFFICIENT FUNDS OR CREDIT AND FOR
OTHER PURPOSES
 SECTION 1. Checks Without Sufficient Funds. — Any person
who makes or draws and issues any check to apply on account or
for value, knowing at the time of issue that he does not have
sufficient funds in or credit with the drawee bank for the payment of
such check in full upon its presentment, which check is
subsequently dishonored by the drawee bank for insufficiency of
funds or credit or would have been dishonored for the same reason
had not the drawer, without any valid reason, ordered the bank to
stop payment, shall be punished by imprisonment of not less than
thirty days but not more than one (1) year or by a fine of not less
than but not more than double the amount of the check which fine
shall in no case exceed Two Hundred Thousand Pesos, or both
such fine and imprisonment at the discretion of the court.
The same penalty shall be imposed upon any person who,
having sufficient funds in or credit with the drawee bank when he
makes or draws and issues a check, shall fail to keep sufficient
funds or to maintain a credit to cover the full amount of the check if
presented within a period of ninety (90) days from the date
appearing thereon, for which reason it is dishonored by the drawee
bank.cdt

Where the check is drawn by a corporation, company or

entity, the person or persons who actually signed the check in behalf
of such drawer shall be liable under this Act.
SECTION 2. Evidence of Knowledge of Insufficient Funds. —
The making, drawing and issuance of a check payment of which is
refused by the drawee because of insufficient funds in or credit with
such bank, when presented within ninety (90) days from the date of
the check, shall be prima facie evidence of knowledge of such
insufficiency of funds or credit unless such maker or drawer pays the
holder thereof the amount due thereon, or makes arrangements for
payment in full by the drawee of such check within five (5) banking
days after receiving notice that such check has not been paid by the
drawee.
SECTION 3. Duty of Drawee; Rules of Evidence. — It shall be
the duty of the drawee of any check, when refusing to pay the same
to the holder thereof upon presentment, to cause to be written,
printed, or stamped in plain language thereon, or attached thereto,
the reason for drawee's dishonor or refusal to pay the
same: Provided, That where there are no sufficient funds in or credit
with such drawee bank, such fact shall always be explicitly stated in
the notice of dishonor or refusal. In all prosecutions under this Act,
the introduction in evidence of any unpaid and dishonored check,
 having the drawee's refusal to pay stamped or written thereon, or
attached thereto, with the reason therefor as aforesaid, shall
be prima facie evidence of the making or issuance of said check,
and the due presentment to the drawee for payment and the
dishonor thereof, and that the same was properly dishonored for the
reason written, stamped or attached by the drawee on such
dishonored check. asia dc

Notwithstanding receipt of an order to stop payment, the

drawee shall state in the notice that there were no sufficient funds in
or credit with such bank for the payment in full of such check, if such
be the fact.
SECTION 4. Credit Construed. — The word "credit" as used
herein shall be construed to mean an arrangement or understanding
with the bank for the payment of such check.
SECTION 5. Liability Under the Revised Penal Code. —
Prosecution under this Act shall be without prejudice to any liability
for violation of any provision of the Revised Penal Code.
SECTION 6. Separability Clause. — If any separable provision
of this Act be declared unconstitutional, the remaining provisions
shall continue to be in force.
SECTION 7. Effectivity. — This Act shall take effect fifteen
days after publication in the Official Gazette.
Approved: April 3, 1979 cdtai

Published in the Official Gazette, Volume 75 No. 15 Page 3291 on April 9, 1979.

||| (Bouncing Checks Law, Batas Pambansa Blg. 22, [April 3, 1979])

February 14, 2001

SUPREME COURT ADMINISTRATIVE CIRCULAR NO. 13-01

TO : All Judges

SUBJECT : Clarification of Administrative Circular No. 12-2000 on the

Penalty for Violation of Batas Pambansa Blg. 22, Otherwise
Known as the Bouncing Checks Law
 Clarification has been sought by concerned Judges and other parties
regarding the operation of Administrative Circular 12-2000 issued on 21
November 2000. In particular, queries have been made regarding the
authority of Judges to:SDIaHE

1. Impose the penalty of imprisonment for violations of Batas

Pambansa Blg. 22; and
2. Impose subsidiary imprisonment in the event that the accused, who
is found guilty of violating the provisions of B.P. Blg. 22, is unable
to pay the fine which he is sentenced to pay.
considering that Administrative Circular No. 12-2000 adopted the rulings
in Eduardo Vaca v. Court of Appeals (G.R No. 131714, 16 November
1998, 298 SCRA 656) and Rosa Lim v. People of the Philippines (G.R. No.
130038, 18 September 2000) as a policy of the Supreme Court on the matter
of the imposition of penalties for violations of B.P. 22, without mentioning
whether subsidiary imprisonment could be resorted to in case of the
accused's inability to pay the fine.
The clear tenor and intention of Administrative Circular No. 12-2000 is
not to remove imprisonment as an alternative penalty, but to lay down a rule
of preference in the application of the penalties provided for in B.P. 22.
The pursuit of this purpose clearly does not foreclose the possibility of
imprisonment for violators of B.P. 22. Neither does it defeat the legislative
intent behind the law.
Thus, Administrative Circular No. 12-2000 establishes a rule of
preference in the application of the penal provisions of B.P. 22 such that
where the circumstances of both the offense and the offender clearly indicate
good faith or a clear mistake of fact without taint of negligence, the imposition
of a fine alone should be considered as the more appropriate penalty.
Needless to say, the determination of whether the circumstances warrant the
imposition of a fine alone rests solely upon the Judge. Should the Judge
decide that imprisonment is the more appropriate
penalty, Administrative Circular No. 12-2000 ought not be deemed a
hindrance.
It is, therefore, understood that:
1. Administrative Circular 12-2000 does not remove imprisonment as an
alternative penalty for violations of B.P. 22;
2. The Judges concerned may, in the exercise of sound discretion, and
taking into consideration the peculiar circumstances of each
case, determine whether the imposition of a fine alone would best
serve the interests of justice or whether forbearing to impose
 imprisonment would depreciate the seriousness of the offense,
work violence on the social order, or otherwise be contrary to the
imperatives of justice;
3. Should only a fine be imposed and the accused be unable to pay the
fine, there is no legal obstacle to the application of the Revised
Penal Code provisions on subsidiary imprisonment.
The issuance of this Administrative Circular was authorized by the
Court En Banc in A.M. No. 00-11-01-SC at its session of 13 February 2001.
The Clerk of Court of the Supreme Court and the Court Administrator
shall immediately cause the implementation of this Administrative Circular.
This Administrative Circular shall be published in a newspaper of
general circulation not later than 20 February, 2001.
Issued this 14th day of February, 2001.

(SGD.) HILARIO G. DAVIDE, JR.

Chief Justice
Published in the Manila Bulletin on February 19, 2001.

(Clarification of Administrative Circular No. 12-2000 on the Penalty for Violation

|||

of Batas Pambansa Blg. 22, Otherwise Known as the Bouncing Checks Law,
Supreme Court Administrative Circular No. 13-01, [February 14, 2001])