ANTI-PIRACY &

ANTI-HIGHWAY
ROBBERY LAW
(P.D. No. 532)


ANTI-PIRACY AND
ANTI-HIGHWAY ROBBERY LAW
(P.D. No. 532)


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 shall mean and shall be
understood , as follows:

a. Philippine Waters. - refers 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 includes a all kinds and
types of vessels or boats used in fishing.


PD 532 . . . (continued)



c. Philippine Highway. - refers 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 passenger or member of the complement of said vessel, in Philippine waters.
The offenders shall be considered as pirates and punished as hereinafter provided.

e. Highway Robbery/Brigandage. - is 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 persons or force upon things or
other unlawful means, committed by any person on any Philippine highway.



PD 532 . . . (continued)



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

b. Highway Robbery/ Brigandage. - Reclusion temporal in its minimum
period shall be imposed. But 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.





PD 532 . . . (continued)



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 in 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.

Section 5. Repealing Clause. - Pertinent provisions of 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.

City of Manila, 8th day of August, 1974.



PD 532 . . . (continued)



I. Piracy within Philippine Waters (PD 532)

ELEMENTS:
1. a) Any attack or seizure of any vessel,
b) or the taking away of the whole or part thereof or its cargo, equipment,
or the personal belongings of its complement or passengers;
2. Irrespective of the value thereof;
3. By means of violence against or intimidation of persons or force upon things; and
4. Committed by any person, including a passenger or member of the
complement of said vessel, in Philippine waters.


II. Highway Robbery/ Brigandage (PD 532)
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 persons or
force upon things or other unlawful means, committed by
any person on any Philippine highway.



PD 532 . . . (continued)


RELATED TOPIC: Brigandage

Art. 306 (RPC). Who are brigands - Penalty. - When more than 3 armed persons
form a band of robbers for the purpose of committing robbery in the highway, or
kidnapping persons for the purpose of extortion or to obtain ransom or for any
other purpose to be attained by means of force and violence, shall be deemed
highway robbers or brigands.

Any person found guilty of this offense shall be punished by prision mayor in its
medium period to reclusion temporal in its minimum period, if the act or acts
committed by them are not punishable by higher penalties, in which case they
shall suffer such high penalties.

If any of the arms carried by any of the said persons be an unlicensed firearm, it
shall be presumed that said persons are highway robbers or brigands, and in
case of conviction, the penalty shall be imposed in the maximum period.

PD 532 . . . (continued)



Brigandage (RPC)

ELEMENTS:
1. There are at least 4 armed persons;
2. They form a band of robbers; and
3. The purpose is any of the following:
a) commit robbery in the highway;
b) kidnap persons for the purpose of extortion or to obtain ransom; or
c) for any other purpose to be attained by means of force and violence.



Main object of the law is to prevent formation of band of robbers.



PD 532 . . . (continued)



The only things to prove in Brigandage (RPC) are:

1. That there is an organization of more than 3 armed persons forming
a band of robbers;
2. That the purpose of the band is any of those enumerated in Art. 306;
3. That they went upon the highway or roamed upon the country
for that purpose; and
4. That the accused is a member of such band.


Brigandage under the RPC (Art. 306) may be committed without the use of firearms.
The term armed as used in the first paragraph of Art. 306 covers arms and
weapons in general, not necessarily firearms. (Pp vs. De la Rosa, et.al.,
C.A., 49 O.G. 2863)

If any of the arms carried by any of said persons were unlicensed firearms, it shall be
presumed that said persons are highway robbers or brigands, and in case of
convictions the penalty shall be imposed in the maximum period.


PD 532 . . . (continued)





Piracy under PD 532 Piracy under RPC (Art. 122)
committed only within Philippine
territorial waters.
committed aboard a vessel in the
high seas or Philippine waters.

even passengers and members
of the complement can commit it.
can only be committed by
outsiders, not member of the
complement or passengers.

Robbery on the high seas Piracy

the offender is a member of the
complement or a passenger of
the vessel.

the offender is an outsider
PD 532 . . . (continued)





Brigandage (Art. 306) Robbery In Band (Art. 296)
Purpose is to:
a) commit robbery in highway;
b) kidnappers for ransom;
c) other purpose to be attained
by means of force or violence.
only to commit robbery, and not
necessarily in the highway.
agreement is to commit several
robberies.
only a particular robbery.
mere formation is punished. actual commission of robbery is
necessary.
Robbery committed
in a highway
Highway Robbery (PD 532)
there is a specific victim. no specific victim.
PD 532 . . . (continued)





RPC (Art. 306) PD 532
mere formation of band is
punishable.
prohibited act must be
committed.
there must be 4 or more
malefactors.
even one malefactor will suffice.
there is no preconceived victim.
(indiscriminate victimization)
there is no preconceived victim.
(indiscriminate victimization)
those who profit from the loot are
liable under Art. 307 of aiding
and abetting a band of brigands
or as principal offenders for
fencing.
those who abet brigandage are
accomplices.
ILLEGAL POSSESSION
OF FIREARMS
(P.D. 1866, as amended)

PRESIDENTIAL DECREE No. 1866,
as amended
by R.A. No. 8294 & R.A. No. 9516
(Codifying the Laws on Illegal Possession,
Manufacture, Dealing in, Acquisition, Disposition
or Importation of Firearms, Ammunition or Explosives,
or Instruments Used in the Manufacture Thereof)



Section 1. Unlawful Manufacture, Sale, Acquisition, Disposition or Possession
of FA or Ammunition or Instruments in the manufacture thereof.
(as amended by R.A. 8294) -

The penalty of prision correccional in its maximum period and a
fine of not less than P15,000 shall be imposed upon any person who shall
unlawfully manufacture, deal in, acquire, dispose or possess any low
powered firearm, such as rimfire handgun, .380 or .32 and other firearm of
similar firepower, part of firearm, ammunition, or machinery, tool or
instrument used or intended to be used in the manufacture of any firearm or
ammunition: Provided, that no other crime was committed.


PD 1866, as amended



Section 1 . . . (continued)

The penalty of prision mayor in its minimum period and a fine of
P30,000 shall be imposed if the firearm is classified as high powered firearm
which includes those with bores bigger in diameter than .38 caliber and 9
millimeter such as caliber .40, .41, .44, .45 and also lesser calibered
firearms but considered powerful such as caliber .357 and caliber .22 center-
fire magnum and other firearms with firing capability of full automatic and by
burst of two or three: Provided, however, That no other crime was
committed by the person arrested.

If homicide or murder is committed with the use of an unlicensed
firearm, such use of an unlicensed firearm shall be considered as an
aggravating circumstance.

If the violation of this Section is in furtherance of or incident to, or
in connection with the crime of rebellion or insurrection, sedition, or
attempted coup detat, such violation shall be absorbed as an element of the
crime of rebellion or insurrection, sedition, or attempted coup detat.


PD 1866, as amended



Section 1 . . . (continued)

The same penalty shall be imposed upon the owner, president,
manager, director or other responsible officer of any public or private firm,
company, corporation or entity, who shall willfully or knowingly allow any of
the firearms owned by such firm to be used by any person found guilty of
violating the provisions of the preceding paragraphs or willfully or knowingly
allow any of them to use unlicensed firearms or firearms without any legal
authority to be carried outside of their residence in the course of their
employment.

The penalty of arresto mayor shall be imposed upon any person
who shall carry any licensed firearm outside of his residence without legal
authority therefor.



PD 1866, as amended. . . (continued)



Section 2. Presumption of Illegal Manufacture of Firearms or Ammunition.
(un-amended by RA 8294)). -

The possession of any machinery, tool or instrument used directly
in the manufacture of firearms or ammunition, by any person whose
business or employment does not lawfully deal with the manufacture of
firearms or ammunition, shall be prima facie evidence that such article is
intended to be used in the unlawful/illegal manufacture of firearms or
ammunition.

PD 1866, as amended . . . (continued)



Section 3. Unlawful Manufacture, Sale, Acquisition, Disposition, Importation
or Possession of Explosive of Incendiary Device
(as further amended by RA 9516 [Dec. 22, 2008]). -

The penalty of Reclusion perpetua shall be imposed upon any
person who shall willfully and unlawfully manufacture, assemble, deal in,
acquire, dispose, import or possess any explosive or incendiary device,
with knowledge of its existence and its explosive of incendiary character,
where the explosive or incendiary device is capable of producing destructive
effect on contiguous objects or causing injury or death to any person,
including but not limited to, hand grenade(s), rifle grenade(s), pillbox bomb,
molotov cocktail bomb, fire bomb, and other similar explosive and
incendiary devices.

Provided, That mere possession of any explosive or incendiary
device shall be prima facie evidence that the person had knowledge of the
existence and the explosive or incendiary character of the device.

PD 1866, as amended . . . (continued)



Section 3 . . . (continued)

Provided, however, That a temporary, incidental, casual, harmless
or transient possession or control of any explosive or incendiary device, without
the knowledge of its existence or its explosive or incendiary character, shall not
be a violation of this Section.

Provided, further, That the temporary, incidental, casual, harmless,
or transient possession or control of any explosive or incendiary device for the
sole purpose of surrendering it to the proper authorities shall not be a violation of
this Section.

Provided, finally, That in addition to the instances provided in the
two (2) immediately preceding paragraphs, the court may determine the absence
of the intent to possess, otherwise referred to as animus possidendi, in
accordance with the facts and circumstances of each case and the application of
other pertinent laws, among other things, Articles 11 and 12 of the RPC, as
amended.

PD 1866, as amended . . . (continued)



Section 3-A. Unlawful Manufacture, Sale, Acquisition, Disposition, Importation
or Possession of a Part, Ingredient, Machinery, Tool or Instrument
Used or Intended to be Used for the Manufacture, Construction,
Assembly, Delivery or Detonation (as further amended by RA 9516).

The penalty of reclusion perpetua shall be imposed upon any
person who shall willfully and unlawfully manufacture, assemble, deal in,
acquire, dispose, import or possess any part, ingredient, machinery, tool or
instrument of any explosive or incendiary device, whether chemical,
mechanical, electronic, electrical or otherwise, used or intended to be used
by that person for its manufacture, construction, assembly, delivery or
detonation, where the explosive or incendiary device is capable or is
intended to be made capable of producing destructive effect on contiguous
objects or causing injury or death to any person.



PD 1866, as amended



Section 3-A . . . (continued)

Provided, That mere possession of any part, ingredient,
machinery, tool or instrument directly used in the manufacture, construction,
assembly, delivery or detonation of any explosive or incendiary device, by
any person whose business activity or employment does not lawfully deal
with the possession of such article shall be prima facie evidence that such
article is intended to be sued by that person in the unlawful/illegal
manufacture, construction, assembly, delivery or detonation of an explosive
or incendiary device.

Provided, however, That a temporary, incidental, casual, harmless
or transient possession or control of any part, machinery, tool or instrument
directly used in the manufacture, construction, assembly, delivery or
detonation of any explosive or incendiary device, without the knowledge of
its existence or character as part, ingredient, machinery, tool or instrument
directly used in the manufacture, construction, assembly, delivery or
detonation of any explosive or incendiary device, shall not be a violation of
this Section. x x x.


PD 1866, as amended . . . (continued)



Section 3-B. Penalty for the Owner, President, Manager, Director
or Other Responsible Officer of Any Public or Private
Firm, Company, Corporation or Entity (as further
amended / inserted by RA 9516)

The penalty of reclusion perpetua shall be imposed upon the
owner, president, manager, director or other responsible officer of any public
or private firm, company, corporation or entity who shall willfully or knowingly
allow any explosive or incendiary device or parts thereof owned and
controlled by such firm to be used by any person found guilty of violating the
provisions of the preceding paragraphs.

PD 1866, as amended . . . (continued)



Section 3-C. Relationship of Other Crimes with a Violation of this Decree
and the Penalty Therefor (as further amended / inserted by RA 9516)

When a violation of Section 3, 3-A or 3-B of this Decree is a
necessary means for committing any of the crimes defined in the Revised
Penal Code or special laws, or is in furtherance of, incident to, in connection
with, by reason of, or on occasion of any of the crimes defined in the RPC or
special laws, the penalty of reclusion perpetua and a fine ranging from
P100,000 to P1.0M shall be imposed.



PD 1866, as amended. . . (continued)




Section 3-D. Former Conviction or Acquittal; Double Jeopardy.
(as further amended / inserted by RA 9516)

Subject to the provisions of the Rules of Court on double jeopardy,
if the application thereof is more favorable to the accused, the conviction or
`acquittal of the accused or the dismissal of the case for violation of this
Decree shall be a bar to another prosecution of the same accused for any
offense where the violation of this Decree was a necessary means for
committing the offense or in furtherance of which, incident to which, in
connection with which the violation of this Decree was committed, and vice
versa.


PD 1866, as amended. . . (continued)


Section 4. Responsibility and Liability of Law Enforcement Agencies and
Other Government Officials and Employees in Testifying as
Prosecution Witnesses (as further amended / inserted by RA 9516)

Any member of the law enforcement agencies who, after due
notice, fails or refuses, intentionally or negligently, to appear as a witness for
the prosecution of the offense penalized in this Decree, without any valid
reason, shall be punished with reclusion temporal and a fine of P500,000 in
addition to administrative liability.

The immediate superior of the law enforcer witness shall be
penalized with prision correccional and a fine of not less than P10,000 but
not more than P50,000 and in addition, perpetual absolute disqualification
from public office if despite due notice to them and to the witness concerned,
the former does not exert reasonable effort to present the latter to the court.

The law enforcer witness shall not be transferred or reassigned to
any other government office located in another territorial jurisdiction during
the pendency of the case in court, except for compelling reasons: Provided,
the immediate superior shall notify the court about the reassignment within
24 hours from approval of the reassignment. ..

PD 1866, as amended. . . (continued)



Section 4-A. Criminal Liability for Planting Evidence.
(as further amended / inserted by RA 9516)

Any person who is found guilty of planting any explosive or
incendiary device or any part, ingredient, machinery, tool or instrument of
any explosive or incendiary device shall suffer the penalty of reclusion
perpetua.

Section 4-B. Continuous Trial.
Section 4-C. Authority to Import, Sell or Possess Chemicals or Accessories
for Explosives. (as further amended by RA 9516) x x x
Section 5. Repealing Clause
Section 6. Effectivity.


PD 1866, as amended . . .(continued)



Section 5. Tampering of Firearms Serial Number
(as further amended by RA 8294). -

The penalty of prision correccional shall be imposed upon any
person who shall unlawfully tamper, change, deface or erase the serial
number of any firearm.


Section 6. Repacking or Altering the Composition of Lawfully
Manufactured Explosives (as further amended by RA 8294). -

The penalty of prision correccional shall be imposed upon any
person who shall unlawfully repack, alter or modify the composition of any
lawfully manufactured explosives.


PD 1866, as amended . . .(continued)



Section 7. Unauthorized Issuance of Authority to Carry Firearm and/or
Ammunition Outside of Residence. -

The penalty of prision correccional shall be imposed upon any person,
civilian or military, who shall issue authority to carry firearm and/or
ammunition outside of residence, without authority therefor.

The term unlicensed firearm shall include:

1) firearm with expired liscense; or
2) unauthorized use of licensed firearm in the commission of the crime.
(as further amended by RA 8294).

Section 8. Rules and Regulations. -
The DOJ and DILG shall jointly issue, within 90 days after approval
of this Act, the necessary rules and regulations pertaining to
the administrative aspect of the provisions hereof x x x.

Section 9. Repealing Clause.
Section 10. Effectivity.


PD 1866, as amended . . .(continued)



JURISPRUDENCE in the interpretation of Section 1 of RA 8294:


RA 8294 took effect on July 6, 1997.

Pp vs. Rolando Valdez (1999)- In 1996, accused was convicted of multiple
murder with double frustrated murder. He was also separately
convicted with illegal possession of FA. On appeal, the conviction
for illegal possession of FA was dismissed, giving retroactive
effect to the beneficial provisions of RA 8294.

But in said case the Supreme Court declared in passing,
thus: As a word of caution, however, the dismissal of the case for
illegal possession of FA should not be interpreted as meaning that
there can no longer be any prosecution for crime of illegal
possession of FA. In general, all pending cases involving illegal
possession should continue to be prosecuted and tried if no other
crimes expressly indicated in RA 8294 are involved (murder,
homicide under Sec. 1, and rebellion, insurrection, sedition and
attempted coup detat under Section 3).

PD 1866, as amended . . .(continued)



JURISPRUDENCE . . . (continued)


Pp vs. Walpan Ladjaalam (2000)- Accused was charged with direct assault
with multiple attempted homicide. Ruling: Under Ra 8294, if an
unlicensed FA is used in committing crime, there can be no
separate offense of simple illegal possession of FA. Hence if the
crime is murder or homicide, the use of unlicensed firearm
becomes merely an aggravating circumstance, not a separate
offense.

PD 1866, as amended . . .(continued)



JURISPRUDENCE . . . (continued)


Pp vs. Angel Celino Sr., vs. C.A., Cebu City, Hon. Delano Villaluz and
People of the Philippines (2007) - Accused can be convicted of
illegal possession of FA, provided no other crime was committed
by the person arrested. The word committed is understood as
convicted or a prior determination of guilt by final conviction, in
the light of the constitutional presumption of innocence.

Moreover, the Supreme Court said, When the other offense
involved is one of those enumerated under RA 8294, any
information for illegal possession for FA should be quashed
because the illegal possession of FA would have to be tried
together with such other offense, either considered as an
aggravating circumstance in murder or homicide, or absorbed as
an element of rebellion, insurrection, sedition or attempted coup
detat. Conversely, when the other offense involved is not one of
those enumerated under RA 8294, then the separate case of
illegal possession of FA should continue to be prosecuted.


ANTI-ILLEGAL
GAMBLING LAW
(P.D. 1602, as amended)



PRESIDENTIAL DECREE No. 1602
(Anti-Illegal Gambling Law)



Section 1. Penalties. The following penalties are hereby imposed:

(a) The penalty of prison correccional in its medium period or a fine ranging
from one thousand to six thousand pesos, and in case of recidivism, the
penalty of prision mayor in its medium period or a fine ranging from five
thousand to ten thousand pesos shall be imposed upon:



PRESIDENTIAL DECREE No. 1602



Section 1 . . . (continued)
(a) x x x
(1) Any person other than those referred to in the succeeding sub-
sections who in any manner, shall directly or indirectly take part in any
illegal or unauthorized activities or games of cockfighting, jueteng, jai
alai or horse racing to include bookie operations and game fixing,
numbers, bingo and other forms of lotteries; cara y cruz, pompiang
and the like; 7-11 and any game using dice; black jack, lucky nine,
poker and its derivatives, monte, baccarat, cuajao, pangguingue and
other card games; paik que, high and low, mahjong, domino and
other games using plastic tiles and the likes; slot machines, roulette,
pinball and other mechanical contraptions and devices; dog racing,
boat racing, car racing and other forms of races, basketball, boxing,
volleyball, bowling, pingpong and other forms of individual or team
contests to include game fixing, point shaving and other
machinations; banking or percentage game, or any other game
scheme, whether upon chance or skill, wherein wagers consisting of
money, articles of value or representative of value are at stake or
made;


PRESIDENTIAL DECREE No. 1602



Section 1 . . . (continued)
(a) x x x
(2) Any person who shall knowingly permit any form of gambling
referred to in the preceding subparagraph to be carried on in
inhabited or uninhabited place or in any building, vessel or other
means of transportation owned or controlled by him. If the place
where gambling is carried on has a reputation of a gambling place or
that prohibited gambling is frequently carried on therein, or the place
is a public or government building or barangay hall, the malefactor
shall be punished by prision correccional in its maximum period and a
fine of six thousand pesos.

(b) The penalty of prision correccional in its maximum period or a fine of six
thousand pesos shall be imposed upon the maintainer or conductor of the
above gambling schemes.



PRESIDENTIAL DECREE No. 1602



Section 1 . . . (continued)
(a) x x x
(b) x x x
(c) The penalty of prision mayor in its medium period with temporary absolute
disqualification or a fine of six thousand pesos shall be imposed if the
maintainer, conductor or banker of said gambling schemes is a government
official, or where such government official is the player, promoter, referee,
umpire, judge or coach in case of game fixing, point shaving and
machination.

(d) The penalty of prision correccional in its medium period or a fine ranging
from four hundred to two thousand pesos shall be imposed upon any person
who shall, knowingly and without lawful purpose in any hour of any day,
possess any lottery list, paper or other matter containing letters, figures,
signs or symbols pertaining to or in any manner used in the games of
jueteng, jai-alai or horse racing bookies, and similar games of lotteries and
numbers which have taken place or about to take place.



PRESIDENTIAL DECREE No. 1602



Section 1 . . . (continued)
(a) x x x
(b) x x x
(c) x x x
(d) x x x
(e) The penalty of temporary absolute disqualifications shall be imposed upon
any barangay official who, with knowledge of the existence of a gambling
house or place in his jurisdiction fails to abate the same or take action in
connection therewith.

(f) The penalty of prision correccional in its maximum period or a fine ranging
from five hundred pesos to two thousand pesos shall be imposed upon any
security officer, security guard, watchman, private or house detective of
hotels, villages, buildings, enclosures and the like which have the reputation
of a gambling place or where gambling activities are being held.



PRESIDENTIAL DECREE No. 1602 . . . (continued)




Section 2. Informer's reward. Any person who shall disclose information that
will lead to the arrest and final conviction of the malfactor shall be rewarded
twenty percent of the cash money or articles of value confiscated or forfeited
in favor of the government.

Section 3. Repealing Clause.
Section 4. Effectivity.

R.A. No. 9287
(Law on Illegal Numbers Games,
amending PD No. 1866)



Declaration of Policy

The State condemns the existence of illegal gambling activities as this has
become an influential factor in an individual's disregard for the value of
dignified work, perseverance and thrift since instant monetary gains from
it are being equated to success, thereby becoming a widespread social
menace and a source of corruption.

Towards this end, the State shall therefore adopt more stringent
measures to stop and eradicate the existence of illegal numbers games in
any part of the country.

R.A. No. 9287 . . . (continued)



DEFINITION OF TERMS:

Illegal Number Games Any form illegal gambling activity which uses
numbers or combinations as factors in giving out jackpots.

Jueteng- An illegal numbers game that involves the combination of thirty-seven
(37) numbers against thirty-seven (37) numbers from number
one (1) to thirty seven (37), serving as a form of local lottery
where bets are placed and accepted per combination and its
variants.

Masiao An illegal numbers games where the winning combination is derived
from the results of the last game of Jai Alai based in the fictitious
Jai Alai game consisting of ten (10) players pitted against one
another.

Last Two- An illegal numbers game where the winning combination is derived
from the last two (2) numbers of the first prize of the winning
Sweepstakes ticket.
R. A. No. 9287



DEFINITION OF TERMS . . . (continued)

Bettor (Mananaya or Tayador) Any person who places bets for himself/
herself or in behalf of another person, or any person, other than
the personnel or staff of any illegal numbers game operation.

Personnel or Staff of Illegal Number Games Operation- Any person who
acts in the interest of the maintainer, manager, operator or any
other personnel performing such similar functions in a building
structure, vessel, vehicles, or any other place where an illegal
numbers game is operated or conducted.

Collector or Agent (Cabo Cobrador) Any person who collects, solicits or
produces bets in behalf of his/her principal for an illegal numbers
game who is usually in possession of gambling paraphernalia.

Coordinator, Controller or Supervisor (Encargado) Any person who
exercises control and supervision over the collector or agent.


R. A. No. 9287



DEFINITION OF TERMS . . . (continued)


Maintainer, Manager, or Operator- Any person who maintains, manages
or operates anti- illegal numbers game in a specific area from
whom the coordinator, controller or supervisor and collectors or
agents get orders.

Financiers or Capitalist - Any person who finances the operations of any
illegal numbers game.

Protector or Coddler- Any person who lends or provides protection, or
receives benefits in any manner in the operation of any illegal
numbers game.
R. A. No. 9287 . . . (continued)



Section 3. Punishable Acts.

Persons who participate in any illegal numbers game shall suffer the
corresponding penalties, as follows:

a) BETTOR. Imprisonment from thirty (30) days to ninety (90) days.

b) PERSONNEL or STAFF. Imprisonment from six (6) years and 1 day to
eight (8) years.

Same penalty for any person who allows his vehicle, house, building or
land to be used in the operation of the illegal numbers game.

c) COLLECTOR or AGENT. Imprisonment from eight (8) years and 1 day to
ten (10) years.


R. A. No. 9287



Section 3. Punishable Acts . . . (continued)

d) COORDINATOR, CONTROLLER or SUPERVISOR. Imprisonment
from ten (10) years and 1 day to twelve (12) years.

e) MAINTAINER, MANAGER or OPERATOR. Imprisonment from twelve
(12) years and 1 day to fourteen (14) years.

f) FINANCIER or CAPITALIST. Imprisonment from fourteen (14) years
and 1 day to sixteen (16) years.

g) PROTECTOR or CODDLER. Imprisonment from sixteen (16) years
and 1 day to twenty (20) years.

R. A. No. 9287 . . . (continued)




Section 4. Possession of Gambling Paraphernalia or Materials.

The possession of any gambling paraphernalia and other materials
used in the illegal numbers game operation shall be deemed prima
facie evidence of any offense covered by this Act.


R. A. No. 9287 . . . (continued)




Section 5. Liability of Government Employees and/or Public Officials.

a) If the collector, agent, coordinator, controller, supervisor, maintainer,
manager, operator, financer, or capitalist of any illegal numbers games
is a government employee and or public official, whether elected or
appointed, shall suffer the penalty of twelve (12) years and 1
day to twenty years (20) and a fine ranging from P3.0M
to P5.0M and perpetual absolute disqualification from
public office.

b) In case of failure to apprehend perpetrators of any illegal numbers
game, any law enforcer shall suffer an administrative penalty of
suspension or dismissal.

R. A. No. 9287 . . . (continued)



Section 10. Witness Protection.

Any person who provides material information, whether testimonial
or documentary, necessary for the investigation or prosecution of
individual committing the offenses shall be placed under the Witness
Protection Program pursuant to Republic Act 6981.

R. A. No. 9287 . . . (continued)



Section 11. Informers Reward.

Any person who, having knowledge or information of any offense
committed and who shall disclose the same which may lead to the
arrest and final conviction of the offender, may be rewarded a certain
percentage of the cash money or articles of value confiscated or
forfeited in favor of the government.





ANTI-CARNAPPING
ACT OF 1972
(R.A. No. 6539)

REPUBLIC ACT No. 6539
(Anti-Carnapping Act of 1972)



Section 2. Definition of terms.

"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.lawphi1

REPUBLIC ACT No. 6539



Section 2. Definition of terms . . . (continued)

"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.

"Body-building" is a job undertaken on a motor vehicle in order to replace
its entire body with a new body.

REPUBLIC ACT No. 6539



Section 2. Definition of terms . . . (continued)


"Remodeling" 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.

"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.

REPUBLIC ACT No. 6539



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.

REPUBLIC ACT No. 6539



Section 13. Penal Provisions.

Any person who violates any provisions of this Act shall be punished with
imprisonment for not less than two (2) years nor more than six (6) 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.

REPUBLIC ACT No. 6539



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 17. Separability Clause.
Section 18. Repealing clause.
ANTI-FENCING LAW
(P.D. No. 1612)

PRESIDENTIAL DECREE NO. 1612
(Anti-Fencing Law)


Section 1. Title.
Section 2. Definition of Terms. - The following terms shall mean as follows:

(a) "Fencing" - is the act of any person who, with intent to gain for
himself or for another, shall buy, receive, possess, keep,
acquire, conceal, sell or dispose of, or shall buy and sell,
or in any other manner deal in any article, item, object or
anything of value which he knows, or should be known to
him, to have been derived from he proceeds of the crime
of robbery or theft.

(b) "Fence" - includes any person, firm, association corporation or
partnership or other organization who/which commits the
act of fencing.

PRESIDENTIAL DECREE NO. 1612
(Anti-Fencing Law)



Section 2. Definition of Terms . . . (continued)

(c) "Used secondhand article" - shall refer to any goods, article, item,
object or anything of value obtained from an unlicensed
dealer or supplier, regardless of whether the same has
actually or in fact been used.

(d) "Unlicensed dealer/supplier" - shall refer to any persons,
partnership, firm, corporation, association or any other
entity or establishment not licensed by the government to
engage in the business of dealing in or of supplying the
articles defined in the preceding paragraph.

(e) "Buy and Sell" - refer to the transaction whereby one purchases
used secondhand articles for the purpose of resale to t
third persons.
PRESIDENTIAL DECREE No. 1612 . . . (continued)



Section 3. Penalties. - Any person guilty of fencing shall be punished as
hereunder indicated:

(a) The penalty of prision mayor, if the value of the property involved
is more than 12,000 pesos but not exceeding 22,000 pesos;

If the value of such property exceeds the latter sum, the penalty
provided in this paragraph shall be imposed in its maximum
period, adding one year for each additional 10,000 pesos; but the
total penalty which may be imposed shall not exceed twenty
years. In such cases, the penalty shall be termed reclusion
temporal and the accessory penalty pertaining thereto provided in
the Revised Penal Code shall also be imposed.

(b) The penalty of prision correccional in its medium and maximum
periods, if the value of the property robbed or stolen is more than
6,000 pesos but not exceeding 12,000 pesos.

PRESIDENTIAL DECREE No. 1612 . . . (continued)



Section 3. Penalties . . . (continued)

(c) The penalty of prision correccional in its minimum and medium
periods, if the value of the property involved is more than 200
pesos but not exceeding 6,000 pesos.

(d) The penalty of arresto mayor in its medium period to prision
correccional in its minimum period, if the value of the property
involved is over 50 pesos but not exceeding 200 pesos.

(e) The penalty of arresto mayor in its medium period if such value is
over five (5) pesos but not exceeding 50 pesos.

(f) The penalty of arresto mayor in its minimum period if such value
does not exceed 5 pesos.

PRESIDENTIAL DECREE No. 1612 . . . (continued)



Section 4. Liability of Officials of Juridical Persons. If the fence is a
partnership, firm, corporation or association, the president or the
manager or any officer thereof who knows or should have known
the commission of the offense shall be liable.

PRESIDENTIAL DECREE No. 1612 . . . (continued)



Section 5. Presumption of Fencing. Mere possession of any good,
article, item, object, or anything of value which has been the
subject of robbery or thievery shall be prima facie evidence of
fencing.

PRESIDENTIAL DECREE No. 1612 . . . (continued)



Section 6. Clearance/Permit to Sell/Used Second Hand Articles. For
purposes of this Act, all stores, establishments or entities dealing
in the buy and sell of any good, article item, object of anything of
value obtained from an unlicensed dealer or supplier thereof, shall
before offering the same for sale to the public, secure the
necessary clearance or permit from the station commander of the
Integrated National Police in the town or city where such store,
establishment or entity is located. The Chief of Constabulary/
Director General, Integrated National Police shall promulgate
such rules and regulations to carry out the provisions of this
section. Any person who fails to secure the clearance or
permit required by this section or who violates any of the
provisions of the rules and regulations promulgated thereunder
shall upon conviction be punished as a fence.

Section 7. Repealing Clause.
Section 8. Effectivity