Reviewer Final

REPUBLIC ACT 9160
AS AMENDED BY R.A. 10365

ANTI-MONEY LAUNDERING ACT OF 2001
DEFINITION OF TERMS:
a) COVERED INSTITUTIONS (SECTION 3a)
1. All those supervised and regulated by BSP
2. All those supervised and regulated by SEC
3. All those supervised and regulated by the INSURANCE COMMISSION
b) COVERED TRANSACTION
- Is a transaction in cash or other equivalent monetary instrument
involving a total amount in excess of Php 500,000.00 within 1 banking
day
c) SUSPICIOUS TRANSACTION
- Are transactions with covered institutions, regardless of the amounts
involved where any of the following circumstances exist:
o There is no underlying legal or trade obligation, purpose or
economic justification;
o The client is not properly identified;
o The amount involved id not commensurate with, the business
or financial capacity of the client;
o Taking into account all known circumstances, it may be
perceived that the clients transaction is structured in order to
avoid being the subject of reporting requirements under the
Act;
o Any circumstances relating to the transaction which is
observed to deviate from the profile of the client and/or the
clients past transactions with the covered institution;
o The transactions is in a way related to an unlawful activity or
offense under this Act that is about to be, is being or has been
committed; or
o Any transactions that is similar or analogous to any of the
foregoing.
d.) MONETARY INSTRUMENT
-it refers to:

o
o
o
Coins or currency of legal tender of the Philippines , or of any

other country
Drafts, checks and notes
Securities or negotiable instruments , bonds , commercial papers,
deposit certificates, trust certificates, custodial receipt or deposit
substitute instruments, trading orders, transaction tickets and
confirmation of sale or investments and money marked
instruments
Other similar instruments where title thereto passess to another by
endorsement , assignment or delivery
MONEY LAUNDERING (SECTION 4)
Is committed by any person who, knowing that any monetary instrument or property
represents , involves, relates to the proceeds of unlawful activity:
( P- -A- -A- -C- - C- -T)
a) Transacts said monetary instrument of property;
b) Converts, transfers, disposes of , moves, acquires, possesses or uses said
monetary instrument or property;
c) Conceals or disguises the true nature, source, location, disposition, movement or
ownership of or rights with respect to monetary instrument or property;
d) Attempts or conspires to commit money laundering offenses referred to in
paragraphs (a), (b), or (c);
e) Aids , abets, assists in or counsels the commission of the money laundering
offenses referred to in paragraphs (a), (b), or (c) above; and
f)
Performs or fails to perform any act as a result of which he facilitates the offense
of money laundering referred to in paragraphs (a), (b), or (c) above.
Is also committed by any covered person who, knowing that a covered or suspicious
transaction is required under this act to be reported to the Anti-Money Laundering
Council (AMLC), fails to do so
Take Note: AMLA authorizes certain provisional remedies that would aid the AMLC in the
enforcement of the AMLA thru FREEZE ORDER AND BANK INQUIRY ORDER.
PUNISHABLE ACT
MONEY LAUNDERING
PENALTY (SECTION 10 AS AMENDED)

1. 7-14 years of imprisonment and a fine
of not less than Php 3,000,000.00 but
not more than twice the value of the
monetary instrument or property
involved in the offense shall be
imposed upon a person convicted
under Section 4(a), (b), (c) and (d) of
this Act.
2. 4-7 years and a fine of not less than
Php 1,500,000.00 but not more than
Php 3,000,000.00, shall be imposed
upon a person convicted under Section
4 and (f) of this Act.
3. 6 months to 4 years or a fine of not
less han Php 100,000.00 but not more
than Php 500,000.00 , or both, shall be
imposed on a person convicted under
the last paragraph of Section 4 of this
Act.
FAILURE TO KEEP RECORDS
MALICIOUS REPORTING
Any person who, with malice, or in bad

faith, reports or files a completely
unwarranted or false information
relative to money launder transaction
against any person
6 months to 4 years or a fine of not less than

Php 100,000.00 but not more than Php
500,000.00 , or both
6 months to 4 years imprisonment and

a fine of not less than Php 100,000.00
but not more than Php 500,000.00, at
the discretion of the court: Provided,
That the offender is not entitled to avail
the benefits of the Probation Law.
If the offender is a JURIDICAL
PERSON, the court may suspend or
revoke its license.
If the offender is an ALIEN, he shall, in
addition to the penalties herein
prescribed , be deported without further
proceedings after serving the penalties

herein prescribed.
If the offender is a PUBLIC OFFICIAL
OR EMPLOYEE, he shall in addition to
the penalties prescribed herein suffer
perpetual or temporary absolute
disqualification from offices, as the
case may be.
BREACH OF CONFIDENTIALITY
3 8 years imprisonment and a fine of not

less than Php 500,000.00 but not more than
Php 1,000,000.00
UNLAWFUL ACTIVITIES UNDER AMLA

Any act or omission or series or combination thereof involving or having relation to the following:
1. Kidnapping for Ransom
2. Drug Offenses
3. Graft and Corrupt Practices
4. Plunder
5. Robbery and Extortion
6. Jueteng and Masiao
7. Piracy on the High Seas
8. Qualified Theft
9. Swindling
10. Smuggling
11. Electronic Commerce Crimes
12. Hijacking, Destructive Arson and Murder
13. Securities Fraud
14. Felonies or offenses of a similar nature punishable under the penal laws of other
countries.
NOTE:
Jurisdiction of Money Laundering Cases

o The REGIONAL TRIAL COURTS shall have jurisdiction to try all cases on
money laundering
Those committed by public officers and private persons who are in

conspiracy with such public officers shall be under the jurisdiction of the
SANDIGANBAYAN.
Under the AMLA, ANY PERSON may be charged and convicted of both the offense
of money laundering and the unlawful activity and the proceeds thereof can be
confiscated or forfeited in favour of the government.
PRESIDENTIAL DECREE NO. 1829

PENALIZING OBSTRUCTION OF APPREHENSION AND PROSECUTION OF CRIMINAL
OFFENDERS
ACTS PUNISHABLE (Section 1)

1. Preventing witnesses from testifying in any criminal proceeding or from reporting the
commission of any offense or the identity of any offenders by means of bribery,
misrepresentation, deceit, intimidation, force or threats;
2. 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;
3. 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;
4. Publicly using a fictitious name for the purpose of concealing a crime, evading
prosecution or the execution of a judgement, or concealing his true name and other
personal circumstances for the same purpose or purposes;
5. 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,
6. 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;
7. Soliciting, accepting, or agreeing to accept any benefit in consideration of abstaining
from, discounting, or impeding the prosecution of a criminal offender
8. 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 such 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;
9. Giving 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.
Take Note:
If any of the acts mentioned herein is penalized by any other law with higher penalty, the
higher penalty shall be imposed upon any person who KNOWINGLY, WILLFULLY
OBSTRUCTS, IMPEDES, FRUSTRATES OR DELAYS THE APPREHENSION OF
SUSPECTS AND THE INVESTIGATION AND PROSECUTION OF CRIMINAL CASES
by committing any of the acts punishable under this decree.
The penalty of PRISION CORRECCIONAL IN ITS MAXIMUM PERIOD OR A FINE
RANGING FROM 1,000 TO 6,000 PESOS, OR BOTH.
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.
REPUBLIC ACT NO. 4200

AN ACT TO PROHIBIT AND PENALIZE WIRE TAPPING AND OTHER RELATED
VIOLATIONS OF THE PRIVACY OF COMMUNICATION, AND FOR OTHER PURPOSES.
ACTS PUNISHABLE:
It shall be unlawful for any person:
1. 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 dictaphone or walkie-talkie or taperecorder, or however otherwise described (Section 1 paragraph 1);
2. Be he a participant or not in the act or acts penalized in the next preceding sentence, to
knowingly possess any tape record, wire record, disc record, or any other such
record, or copies thereof, of any communication or spoken word secured either before
or after the effective date of this Act in the manner prohibited by this law; or to replay the
same for any other person or persons; or to communicate the contents thereof, either
verbally or in writing, or to furnish transcriptions thereof, whether complete or partial, to
any other person: PROVIDED, that the use of such record or any copies thereof as
evidence in any civil, criminal investigation or trail of offenses mentioned in Section 3
hereof, shall not be covered by this prohibition (Section 1 paragraph 2).
EXCEPTION:
Nothing contained in this Act, however, shall render it unlawful or punishable for any
peace officer, who is authorized by a written order of the Court, to execute any of the acts
declared to be unlawful in the two preceding sections in cases involving the crimes of :
(PPETCCRIIMKV)
1. Provoking war and disloyalty in case of war
2. Piracy
3. Espionage
4. Treason
5. Conspiracy and proposal to commit rebellion
6. Conspiracy to commit sedition
7. Rebellion
8. Inciting to rebellion
9. Inciting to sedition
10. Mutiny in the high seas
11. Kidnapping as defined by the Revised Penal Code, and
12. Violations of Commonwealth Act No. 616, punishing espionage and other offenses
against national security (Section 3 paragraph 1)
THE WRITTEN ORDER SHALL ONLY BE ISSUED OR GRANTED: (Section 3 paragraph 1)

1. Upon written application and the examination under oath or affirmation of the applicant
and the witnesses he may produce,
2. That there are reasonable grounds to believe that any of the crimes enumerated herein
above 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;
3. 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
4. That there are no other means readily available for obtaining such evidence.
THE WRITTEN ORDER OF THE COURT SHALL SPECIFY (Section 3 paragraph 2)

1. The identity of the person or persons whose communication , conversations,
discussions, or spoken words are to be overheard, intercepted, or recorded and, in the
case of telegraphic or telephonic communications, the telegraph line or the telephone
number involved and its location;
2. The identity of the peace officer authorized to overhear, intercept, or record the
communications, conversations, discussions, or spoken words;
3. The offense or offenses committed or sought to be prevented; and
4. The period of authorization.
Take Note:
The authorization shall be effective for the period specified in the order which
shall not exceed sixty (60) days from the date of issuance of the order, unless
extended or renewed by the court upon being satisfied that such extension or
renewal is in the public interest.

AN ACT REGULATING HAZING AND OTHER FORMS OF INITIATION RITES IN
FRATERNITIES, SORORITIES, AND OTHER ORGANIZATIONS AND
PROVIDING PENALTIES THEREFOR
a.) HAZING as used in this Act, is an initiation rite or practice as a prerequisite for
admission into membership in a fraternity, sorority or organization by placing the recruit,
neophyte or applicant in some embarrassing or humiliating situations such as forcing
him to do menial, silly, foolish and other similar tasks or activities or otherwise subjecting
him to physical or psychological suffering or injury.
b.) ORGANIZATION shall include any club or the Armed Forces of the Philippines,
Philippine National Police, Philippine Military Academy, or officer and cadet corp of the
Citizen's Military Training and Citizen's Army Training.
The physical, mental and psychological testing and training procedure and practices to
determine and enhance the physical, mental and psychological fitness of prospective
regular members of the Armed Forces of the Philippines and the Philippine National
Police as approved by the Secretary of National Defense and the National Police
Commission duly recommended by the Chief of Staff, Armed Forces of the Philippines
and the Director General of the Philippine National Police shall not be considered as
hazing for the purposes of this Act.
IN A CORPORATION, THE PROVISION OF R.A. 8049 WHICH PRESCRIBES PENALTY FOR

HAZING, SHALL APPLY TO THE FOLLOWING: (MOPD)
Manager
Other responsible officer of
employment
President
Director
a corporation engaged in hazing as a requirement for
AGGRAVATING CIRCUMSTANCE
The MAXIMUM PENALTY for VIOLATION of R.A. 8049 shall be imposed in any of the following
instances: (AIROB)
When the recruitment is Accompanied by force, violence, threat, intimidation or deceit on

the person of the recruit, who refuses to join ;
When the recruit , neophyte or applicant Initially consents to join, but upon learning that
hazing will be committed on his person, is prevented from quitting;
When the recruit, neophyte or applicant having undergone hazing is prevented from
Reporting the unlawful act to his parents, guardians , to the proper school authorities, or
to the police authorities, through force, violence, threat or intimidation;
When the hazing is committed Outside of the school or institution; or
When the victim is Below twelve years of age at the time of hazing.
THE PRINCIPLE OF PRAETER INTENTIONEM IS NOT APPRECIABLE IF THE CRIME

COMMITTED IS HAZING.
Section 4 of R.A. 8049 says that any person charged under this provision shall
not be entitled to the mitigating circumstance that there was no intention to
commit so grave a wrong.
The following persons are LIABLE AS PRINCIPALS in the crime of hazing:

(PAPP)
Participators officers and members of the fraternity, sorority or organization,

who actually participated in the infliction of physical harm upon the recruit
o PRIMA FACIE EVIDENCE- R.A. 8049, the presence of any person during
the hazing is a prima facie evidence of participation therein as a principal
unless he prevented the commission of the crime of hazing.
Advisers- failure to take action to prevent its commission give rise to criminal
liability on his part
Planners- Sec. 4 of R.A. 8049 states that the officers, former officers, alumni of
the organization group , fraternity or sorority who actually planned the hazing
although not present when the acts constituting the crime of hazing were
committed shall be liable as principals.
Parents- if the hazing is held in the home of one of the officers or members of the
fraternity, group, or organization, the parents shall be held as liable as principals
when they have actual knowledge of the hazing conducted therein but failed to
take any action to prevent the same from occurring.
The following persons are LIABLE AS ACCOMPLICES in the crime of hazing:
Owner of the place of commission- when he has actual knowledge of the hazing therein
but failed to take any action to prevent the same from occurring; and
School authorities- The school authorities including faculty members who consent to the
hazing or who have actual knowledge thereof, but failed to take any action to prevent the
same from occurring.
ADMINISTRATIVE CASE Under R.A. 8049, the responsible officials of the school of the
police, military or citizens army training organization, may impose the appropriate administrative
sanctions on the person or the persons charged with hazing under Section 4 EVEN BEFORE
THEIR CONVICTION.
REPUBLIC ACT 9344

AS AMENDED BY REPUBLIC ACT 10630
AN ACT EXTABLISHING A COMPREHENSIVE JUVENILE JUSTICE AND WELFARE
SYSTEM, CREATING THE JUVENILE JUSTICE AND WELFARE COUNCIL UNDER THE
DEPARTMENT OF JUSTICE, APPROPRIATING FUNDS THEREFOR AND FOR OTHER
PURPOSES
a. BAHAY PAG-ASA refers to a 24-hour child-caring institution established,
funded and managed by local government units (LGUs) and licensed and/or
accredited nongovernment organizations (NGOs) providing short-term residential
care for children in conflict with the law who are above fifteen (15) but below
eighteen (18) years of age who are awaiting court disposition of their cases or
transfer to other agencies or jurisdiction.
Part of the features of a Bahay Pag-asa is an intensive juvenile intervention and
support center. This will cater to children in conflict with the law in accordance
with Sections 20, 20-A and 20-B hereof.
b. CHILD refers to a person under the age of eighteen (18) years
c. CHILD AT RISK- refers to a child who is vulnerable to and at the risk of
committing criminal offenses because of personal, family and social
circumstances, such as, but not limited to, the following:
(1) being abused by any person through sexual, physical, psychological, mental,
economic or any other means and the parents or guardian refuse, are unwilling,
or unable to provide protection for the child;
(2) being exploited including sexually or economically;
(3) being abandoned or neglected, and after diligent search and inquiry, the
parent or guardian cannot be found;
(4) coming from a dysfunctional or broken family or without a parent or guardian;
(5) being out of school;
(6) being a streetchild;
(7) being a member of a gang;
(8) living in a community with a high level of criminality or drug abuse; and
(9) living in situations of armed conflict.
d. CHILD IN CONFLICT WITH THE LAW- refers to a child who is alleged
as,accused of, or adjudged as, having committed an offense under Philippine
laws.
e. DIVERSION- refers to an alternative, child-appropriate process of determining
the responsibility and treatment of a child in conflict with the law on the basis of
his/her social, cultural, economic, psychological or educational background
without resorting to formal court proceedings.
f.
DIVERSION PROGRAM- refers to the program that the child in conflict with the
law is required to undergo after he/she is found responsible for an offense
without resorting to formal court proceedings.
g. INTERVENTION- refers to a series of activities which are designed to address

issues that caused the child to commit an offense. It may take the form of an
individualized treatment program which may include counseling, skills training,
education, and other activities that will enhance his/her psychological, emotional
and psycho-social well-being.
h. JUVENILE JUSTICE AND WELFARE SYSTEM- refers to a system dealing with

children at risk and children in conflict with the law, which provides childappropriate proceedings, including programs and services for prevention,
diversion, rehabilitation, re-integration and aftercare to ensure their normal
growth and development.
i.
RECOGNIZANCE- refers to an undertaking in lieu of a bond assumed by a

parent or custodian who shall be responsible for the appearance in court of the
child in conflict with the law, when required.
j.
RESTORATIVE JUSTICE - refers to a principle which requires a process of

resolving conflicts with the maximum involvement of the victim, the offender and
the community. It seeks to obtain reparation for the victim; reconciliation of the
offender, the offended and the community; and reassurance to the offender that
he/she can be reintegrated into society. It also enhances public safety by
activating the offender, the victim and the community in prevention strategies.
k. STATUS OFFENSES - refers to offenses which discriminate only against a child,

while an adult does not suffer any penalty for committing similar acts. These shall
include curfew violations; truancy, parental disobedience and the like.
MINIMUM AGE OF CRIMINAL RESPONSIBILITY (SECTION 6)
A child fifteen (15) years of age or under at the time of the commission of the
offense shall be exempt from criminal liability. However, the child shall be subjected
to an intervention program pursuant to Section 20 of this Act.
A child is deemed to be fifteen (15) years of age on the day of the fifteenth anniversary
of his/her birthdate.
A child above fifteen (15) years but below eighteen (18) years of age shall likewise
be exempt from criminal liability and be subjected to an intervention program,
UNLESS he/she has acted with discernment, in which case, such child shall be
subjected to the appropriate proceedings in accordance with this Act.
The exemption from criminal liability herein established does not include exemption
from civil liability, which shall be enforced in accordance with existing laws.
STEP 1: DETERMINATION OF AGE (SEC. 7)

PRESUMPTION:
The child in conflict with the law shall enjoy the presumption of minority.
CONSTRUCTION:
In case of doubt as to the age of the child, it shll be resolved in his/her favour.
EVIDENCE OF AGE :
DOCUMENTS (BBO)
o
Childs Birth certificate
Baptismal certificate
Any Other pertinent documents
In the absence of the above documents, information from : (CTA)

o the Child himself / herself
o Testimonies of other persons
o The physical Appearance of the child and other relevant evidence
STEP 2: ASCERTAINMENT OF CRIMINAL LIABILITY BASED ON AGE AND DISCERNMENT

1. Child 15 years of age or under at the time of the commission of the offense- shall be
exempt from criminal liability. However, the child shall be subjected to an intervention
program
2. If the child is 15 years of age or belowThe authority which will have an initial contact with the child, in consultation with
the local social welfare and development officer, has the duty to immediately
release the child to the custody of his/her parents or guardian, or in the
absence thereof, the childs nearest relative. The child shall be subjected to a
community-based intervention program supervised by the local social welfare
and development officer, unless the best interest of the child requires the referral
of the child to a youth care facility or Bahay Pag-asa managed by LGUs or
licensed and/or accredited NGOs monitored by the DSWD.
If the parents, guardians or nearest relatives cannot be located, or if they refuse

to take custody, the child may be released to any of the following:
(a) A duly registered nongovernmental or religious organization;
(b) A barangay official or a member of the Barangay Council for
the Protection of Children (BCPC);
(c) A local social welfare and development officer; or, when and
where appropriate, the DSWD.
PROCEDURE FOR TAKING THE CHILD INTO CUSTODY (SEC. 21)

From the moment the child is taken into custody, the law enforcement officer shall :
1. Explain to the child in simple language and in dialect that he/she can understand why
he/she is being placed under the custody and the offense that he/she allegedly
committed;
2. Inform the child of the reason for such custody and advise the child of his/her
constitutional rights in a language or dialect understood by him/her;
3. Properly identify himself/herself and present proper identification to the child.

4. Refrain from using vulgar or profane words and from sexually harassing or abusing,
or making sexual advances on the child in conflict with the law;
5. Avoid displaying or using any firearm, weapon, handcuffs or other instruments of
force or restraint unless absolutely necessary and only after all other methods of control
have been exhausted and have failed;
6. Refrain from subjecting the child in conflict with the law to greater restraint than is
necessary.
7. Avoid violence of unnecessary force.
8. Determine the age of the child.
9. Immediately but not later than 8 hours after apprehension, turn over custody of the
child to the Social Welfare and Development Office or other accredited NGOs and
notify the childs apprehension. The Social Welfare and development officer shall explain
to the child and the childs parents/guardians the consequences of the childs act with a
view towards counselling and rehabilitation, diversion from the criminal justice system,
and reparation, if appropriate.
10. Take the child immediately to the proper medical and health officer for a thorough
physical and mental examination. The examination results shall be kept confidential
unless otherwise afforded by the Family Court.
11. Ensure that should detention of the child in conflict with the law be necessary, the child
shall be secured in quarters separate from that of the opposite sex and adult
offenders;
12. Record the following in the initial investigation:
a. Whether handcuffs or other instruments of restraint were used, ad if so, the
reason for such;
b. That the parents or guardian of a child, the DSWD and the PAO have been
informed of the apprehension and the details thereof ; and
c. The exhaustion of measures to determine the age of a child and the precise
details of the physical and medical examination or the failure to submit a child to
such examination; and
13. Ensure that all the statements signed by the child during investigation shall be
witnessed by the childs parents or guardian, social worker, or legal counsel in
attendance who shall affix his/her signature to the said statement.
NOTE:
A child in conflict with the law shall be searched by a law enforcement officer of the
same gender and shall not be locked up in a detention cell.
SYSTEM OF DIVERSION
Children in conflict with the law shall undergo diversion programs without undergoing court
proceedings subject to the conditions herein provided:
(a) Where the imposable penalty for the crime committee is not more than six (6) years
imprisonment, the law enforcement officer or Punong Barangay with the assistance of
the local social welfare and development officer or other members of the LCPC shall
conduct mediation, family conferencing and conciliation and, where appropriate, adopt
indigenous modes of conflict resolution in accordance with the best interest of the child
with a view to accomplishing the objectives of restorative justice and the formulation of a
diversion program. The child and his/her family shall be present in these activities.
(b) In victimless crimes where the imposable penalty is not more than six (6) years
imprisonment, the local social welfare and development officer shall meet with the child
and his/her parents or guardians for the development of the appropriate diversion and
rehabilitation program, in coordination with the BCPC;
(c) Where the imposable penalty for the crime committed exceeds six (6) years
imprisonment, diversion measures may be resorted to only by the court.
DIVERSION MEASURES (SEC. 37)

Where the maximum penalty imposed by law for the offense with which the child in conflict with
the law is charged is imprisonment of not more than twelve (12) years, regardless of the fine or
fine alone regardless of the amount, and before arraignment of the child in conflict with the law,
the court shall determine whether or not diversion is appropriate.
NOTE: The exemption from criminal liability herein established does not include exemption from
civil liability.
AUTOMATIC SUSPENSION OF SENTENCE
Once the child who is under eighteen (18) years of age at the time of the commission of the
offense is found guilty of the offense charged, the court shall determine and ascertain any civil
liability which may have resulted from the offense committed. However, instead of pronouncing
the judgment of conviction, the court shall place the child in conflict with the law under
suspended sentence, without need of application: Provided, however, That suspension of
sentence shall still be applied even if the juvenile is already eighteen years (18) of age or more
at the time of the pronouncement of his/her guilt. (Sec. 38)
STEP 3: DISCHARGE OF THE CHILD IN CONFLICT WITH THE LAW (SEC. 39)
Upon the recommendation of the social worker who has custody of the child, the court shall
dismiss the case against the child whose sentence has been suspended and against whom
disposition measures have been issued, and shall order the final discharge of the child if it finds
that the objective of the disposition measures have been fulfilled.
The discharge of the child in conflict with the law shall not affect the civil liability resulting from
the commission of the offense, which shall be enforced in accordance with law.
Return of the Child in Conflict with the Law to Court (Sec. 40)
If the court finds that the objective of the disposition measures imposed upon the child in
conflict with the law have not been fulfilled, or if the child in conflict with the law has wilfully
failed to comply with the conditions of his/her disposition or rehabilitation program, the
child in conflict with the law shall be brought before the court for execution of judgment.
If said child in conflict with the law has reached eighteen (18) years of age while under
suspended sentence, the court shall determine whether to discharge the child in accordance
with this Act, to order execution of sentence, or to extend the suspended sentence for a certain
specified period or until the child reaches the maximum age of twenty-one (21) years.
CREDIT IN SERVICE OF SENTENCE (Sec. 41)

The child in conflict with the law shall be credited in the services of his/her sentence with the full
time spent in actual commitment and detention under this Act.
PROBATION AS AN ALTERNATIVE TO IMPRISONMENT. (SEC. 42)

The court may, after it shall have convicted and sentenced a child in conflict with the law, and
upon application at any time, place the child on probation in lieu of service of his/her sentence
taking into account the best interest of the child. For this purpose, Section 4 of Presidential
Decree No. 968, otherwise known as the "Probation Law of 1976", is hereby amended
accordingly.
STATUS OFFENSES (SEC.57)

Any conduct not considered an offense or not penalized if committed by an adult shall not be
considered an offense and shall not be punished if committed by a child.
SEC. 57-A. Violations of Local Ordinances. Ordinances enacted by local governments
concerning juvenile status offenses such as, but not limited to, curfew violations, truancy,
parental disobedience, anti-smoking and anti-drinking laws, as well as light offenses and
misdemeanors against public order or safety such as, but not limited to, disorderly conduct,
public scandal, harassment, drunkenness, public intoxication, criminal nuisance,
vandalism, gambling, mendicancy, littering, public urination, and trespassing, shall be for
the protection of children. No penalty shall be imposed on children for said violations, and they
shall instead be brought to their residence or to any barangay official at the barangay hall to be
released to the custody of their parents. Appropriate intervention programs shall be provided for
in such ordinances. The child shall also be recorded as a child at risk and not as a child in
conflict with the law. The ordinance shall also provide for intervention programs, such as
counseling, attendance in group activities for children, and for the parents, attendance in
parenting education seminars.
OFFENSES NOT APPLICABLE TO CHILDREN

Persons below eighteen (18) years of age shall be exempt from prosecution for the crime of
vagrancy and prostitution under Section 202 of the Revised Penal Code, of mendicancy under
Presidential Decree No. 1563, and sniffing of rugby under Presidential Decree No. 1619, such
prosecution being inconsistent with the United Nations Convention on the Rights of the
Child: Provided, That said persons shall undergo appropriate counseling and treatment
program.
***All duty-bearers, including barangay/BCPC workers, law enforcers, teachers, guidance

counselors, social workers and prosecutors who will receive report, handle or refer cases of
children in conflict with the law, shall ensure a faithful recordation of all pertinent
information, such as age, residence, gender, crime committed or accused of and the details of
the intervention or diversion, as the case may be, under which they will undergo or has
undergone, of all children in conflict with the law to guarantee the correct application of the
provisions of this Act and other laws. The JJWC shall lead in the establishment of a centralized
information management system on children in conflict with the law. This is however without
prejudice to Section 43 (Confidentiality of Records and Proceedings ) of this Act.
PRESIDENTIAL DECREE 968

PROBATION LAW
(as amended by PD no. 1257, and as further amended by BP Blg. 76 and PD No. 1990)
PURPOSE (Sec. 2) C-O-P

1). Promote the Correction and rehabilitation of an offender by providing him with individualized
treatment
2). Provide an Opportunity for the reformation of a penitent offender which might be less
probable if he were to serve a prison sentence
3). Prevent the commission of offenses
DEFINITION OF TERMS (Sec. 3)
a) PROBATION - a disposition under which a defendant , after conviction and sentence, is
released subject to conditions imposed by court and to the supervision of a probation
officer
b) PROBATIONER - a person placed on probation
c) PROBATION OFFICER - one who investigates for the court a referral for probation or
supervises a probationer or both
GRANT OF PROBATION (Sec. 4)
Application
An application for probation shall be filed with the trial court. The filing of the
application shall be deemed a waiver of the right to appeal.
Note: Probation may be granted whether the sentence imposes a term of imprisonment
or a fine only.
Order
The court may, after it shall have convicted and sentenced a defendant and upon his
application within the period for perfecting an appeal:
1). suspend the execution of sentence
2). place the defendant on probation upon such period and terms as it may deem best
Note: No application for probation shall be entertained or granted if the defendant has
perfected the appeal from the judgment of conviction. An order granting or denying
probation shall not be appealable.
POST-SENTENCE INVESTIGATION (Sec. 5)

No person shall be placed on probation except upon prior investigation by the probation
officer and a determination by the court.
PERIOD FOR SUBMISSION OF INVESTIGATION REPORT (Sec. 7)
Note: The probation officer shall submit to the court the investigation report on a
defendant not later than sixty (60) days from receipt of the order of said court to conduct
the investigation. The court shall resolve the application for probation not later than
fifteen (15) days after receipt of said report.
Pending submission of the investigation report and the resolution of the petition, the
defendant may be allowed temporary liberty under his bail filed in the criminal case.
Defendant may be released on recognizance to the custody of a responsible member of
the community:
1). in case where no bail was filed
2). in case where he is incapable of filing a bail
CRITERIA FOR PLACING AN OFFENDER ON PROBATION (Sec. 8)
The court shall consider:
1). All information relative to the: C-A-E-M-P
a) Character
b) Antecedents
c) Environment
d) Mental
e) Physical condition
2). Available institutional and community resources
Probation shall be denied if the court finds that: C-U-D
1. The offender is in need of Correctional treatment that can be provided most
effectively by his commitment to an institution
2. There is Undue risk that during the period of probation the offender will
commit another crime
3. Probation will Depreciate the seriousness of the offense committed
DISQUALIFIED OFFENDERS (Sec. 9)
The benefits of this Decree shall not be extended to those: C-H-A-S-H

1. Sentenced to serve a maximum term of imprisonment of more than six (6) yearS
2. Convicted of subversion or any crime against the national security or the public
order
3. who Have previously been convicted by final judgment of an offense punished by
imprisonment of not less than one (1) month and one (1) day and/or a fine of not
less than two hundred pesos (P200)
4. who Have been once on probation under the provisions of this Decree
5. who are Already serving sentence at the time the substantive provisions of this
Decree became applicable
CONDITIONS (Sec. 10)
1). Mandatory / General Conditions
The probationer shall:
(a) present himself to the probation officer designated to undertake his supervision at
such place as may be specified in the order within seventy-two (72) hours from receipt of
said order
(b) report to the probation officer at least once a month at such time and place as
specified by said officer
2). Special or Discretionary Conditions - conditions which the courts may additionally
impose towards his correction and rehabilitation outside of prison
(a) cooperate with a program of supervision
(b) meet his family responsibilities
(c) devote himself to a specific employment and not to change said employment
without the prior written approval of the probation officer
(d) undergo medical, psychological or psychiatric examination and treatment and
enter and remain in specified institution, when required for that purpose
(e) pursue a prescribed secular study or vocational training
(f) attend or reside in a facility established for instruction, recreation or residence
of persons on probation
(g) refrain from visiting houses of ill-repute
(h) abstain from drinking intoxicating beverages to excess
(i) permit the probation officer or an authorized social worker to visit his home
and place of work
(j) reside at premises approved by it and not to change his residence without its
prior written approval
(k) satisfy any other condition related to the rehabilitation of the defendant and
not unduly restrictive of his liberty or incompatible with his freedom of conscience
EFFECTIVITY OF PROBATION ORDER ( Sec. 11)

A probation order shall take effect upon its issuance.
Note: Upon the failure of the probationer to comply with any of the conditions prescribed
in the order or upon his commission of another offense, he shall serve the penalty
imposed for the offense under which he was placed on probation.
MODIFICATION OF CONDITIONS OF PROBATION (Sec. 12)
During the period of probation, the court may, upon application of either the probationer
or the probation officer , revise or modify the conditions or period of probation.
PERIOD (Sec. 14)
If the sentence imposes:
1). imprisonment of not more than one (1) year - period of probation shall not
exceed two (2) years
2). imprisonment of more than one (1) year - period shall not exceed six (6)
years
3). fine only and the offender is made to serve subsidiary imprisonment - period
shall not be less than nor be more than twice the total number of days of
subsidiary imprisonment
ARREST OF PROBATIONER (Sec. 15)
If the probationer violated any of the conditions of probation:
1). the court shall issue a warrant of arrest
2). he shall be brought before the court for informal and summary hearing
3). the court may grant bail
4). the court may revoke or continue his probation or modify the conditions
TERMINATION OF PROBATION (Sec. 16)
After the period of probation and upon consideration of the report and recommendation
of the probation officer, the court may order the final discharge of the probationer upon
finding that he has fulfilled the terms and conditions of his probation.
Effects of termination: C-A-R-D
1). the CAse is deemed terminated
2). Restore to him all civil rights lost or suspend as a result of his conviction
3). to fully Discharge his liability for any fine
Note: The expiration of the probation period alone does not automatically terminate
probation. Probation is not coterminous with its period. There must first be issued by the
court, an order of final discharge based on the report and recommendation of the
probation officer. Only from such issuance can the case of the probationer be deemed
terminated. (Bala v. Martinez, G.R. No. 67301, Jan. 29, 1990)
DISTINCTION
1) Sentence
2) Penalty
3) Disposition
minimum
4) Violation of
condition
5) Appeal
6) Availability
not disqualified
7) Character
necessary
PROBATION
Must not be more than 6 years
Imprisonment or fine
Sentence is suspended
PAROLE
Must be more than 1 year
Imprisonment only
Imprisonment for at least the
Entire sentence served.
Unexpired portion shall be served
Forecloses probation
Only once
No effect on operation
Everytime as long as offender is
Grant of privilege; must be

applied for
Mandatory; application not

ANTI-TORTURE ACT OF 2009

TORTURE - an act by which severe pain or suffering whether physical or mental, is intentionally
inflicted on a person for such purposes as obtaining from him/her or a third person information
or a confession; punishing him/her for an act he/she or a third person has committed or is
suspected of having committed; or intimidating or coercing him/her or a third person; or for any
reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the
instigation of or with the consent or acquiescence of a person in authority or agent of a person
in authority.
Note: It does not include pain or suffering arising only from, inherent in or incidental to lawful
sanctions.
Other cruel, inhuman and degrading treatment or punishment - refers to a deliberate and
aggravated treatment or punishment not enumerated under Section 4 of this Act, inflicted by a
person in authority or agent of a person in authority against a person under his/her custody,
which attains a level of severity causing suffering, gross humiliation or debasement of the latter.
VICTIM - refers to the person subjected to torture or other cruel, inhuman and degrading
treatment or punishment and any individual who has suffered harm as a result of any acts of
torture or other cruel, inhuman and degrading treatment or punishment
Order of Battle - any document or determination made by the military, police or any law
enforcement agency of the government, listing the names of persons and organizations that it
perceives to be enemies of the State and that it considers as legitimate targets as combatants
that it could deal with, through the use of means allowed by domestic and international law
TORTURE
Elements: O-S-I
1). The Offender intentionally inflicts on a person severe pain or suffering whether
physical or mental
2). Such pain or suffering is inflicted:
a) for such purposes as:
i) obtaining from him/her or a third person information or a confession
ii) punishing him/her for an act he/she or a third person has committed or is
suspected of having committed
iii) intimidating or coercing him/her or a third person
b) for any reason based on discrimination of any kind
3). Such pain or suffering is Inflicted by or at the instigation of or with the consent or
acquiescence of a person in authority or agent of a person in authority

ACTS OF TORTURE (Sec. 4)
1). PHYSICAL TORTURE - is a form of treatment or punishment inflicted by a person in
authority or agent of a person in authority upon another in his/her custody that causes
severe pain, exhaustion, disability or dysfunction of one or more parts of the body such
as: F SHES BCUM PROUD
a) Systematic beating, head banging, punching, kicking, striking with truncheon or rifle
butt or other similar objects and jumping on the stomach
b) Food deprivation or forcible feeding with spoiled food, animal or human excreta and
other stuff or substances not normally eaten
c) Electric shock
d) Cigarette burning, burning by electrically heated rods, hot oil, acid, by the rubbing of
pepper or other chemical substances on mucous membranes, or acids or spices directly
on the wounds
e) The submersion of the head in water or water polluted with excrement, urine, vomit,
and/or blood until the brink of suffocation
f) Being tied or forced to assume fixed and stressful bodily position
g) Rape and sexual abuse, including the insertion of foreign objects into the sex organ or
rectum, or electrical torture of the genitals
h) Mutilation or amputation of the essential parts of the body such as the genitalia, ear,
tongue, etc.
i) Dental torture or the forced extraction of the teeth
j) Pulling out of fingernails
k) Harmful exposure to the elements such as sunlight and extreme cold
l) The use of plastic bag and other materials placed over the head to the point of
asphyxiation
m) The use of psychoactive drugs to change the perception, memory, alertness or will of
a person such as:
i) the administration of drugs to induce confession and/or reduce mental competency
ii) the use of drugs to induce extreme pain or certain symptoms of a disease
n) Other analogous acts of physical torture
2). Mental or Psychological Torture - refers to acts committed by a person in authority or
agent of a person in authority which are calculated to affect or confuse the mind and/or
undermine a person's dignity and morale such as: STOP2 D2 MBC3
a) Blindfolding
b) Threatening a person/s or his/her relative/s with bodily harm, execution or other
wrongful acts
c) Confinement in solitary cells or secret detention places
d) Prolonged interrogation
e) Preparing a prisoner for a "show trial", public display or public humiliation of a
detainee or prisoner
f) Causing unscheduled transfer of a person deprived of liberty from one place to
another, creating the belief that he/she shall be summarily executed
g) Maltreating a member/s of a person's family
h) Causing the torture sessions to be witnessed by the person's family, relatives or any
third party
i) Denial of sleep/rest
j) Shame infliction such as stripping the person naked, parading him/her in public places,
shaving the victim's head or putting marks on his/her body against his/her will
k) Deliberately prohibiting the victim to communicate with any member of his/her family
l) Other analogous acts of mental/psychological torture
OTHER CRUEL, INHUMAN AND DEGRADING TREATMENT OR PUNISHMENT

(Sec.5)
Elements: D-I-A
1). A deliberate and aggravated treatment or punishment not enumerated under Section
4 is inflicted against person in custody
2). The treatment or punishment is inflicted by a person in authority or agent of a person
in authority
3). The treatment or punishment attains a level of severity sufficient to cause suffering,
gross humiliation or debasement to the latter
Note: A public officer who shall overdo himself in the correction or handling of a prisoner
or detention prisoner under his charge, by the imposition of punishment not authorized
by the regulations or by inflicting such punishment in a cruel and humiliating manner
shall be held liable for maltreatment of prisoner under Article 235 of the Revised Penal
Code.
FREEDOM FROM TORTURE AND OTHER CRUEL, INHUMAN AND DEGRADING

TREATMENT OR PUNISHMENT, AN ABSOLUTE RIGHT (Sec. 6)
Torture and other cruel, inhuman and degrading treatment or punishment as criminal
acts shall apply to all circumstances.
Note: A state of war or a threat of war, international political instability or any other public
emergency or a document or any determination comprising an order of battle shall not
and can never be invoked as a justification for torture and other cruel, inhuman and
degrading treatment or punishment.
PROHIBITED DETENTION (Sec. 7)

Secret detention places, solitary confinement, incommunicado or other similar forms of
detention, where torture may be carried out with impunity are hereby prohibited. In which
case, the PNP, AFP and other law enforcement agencies concerned shall make an
updated list of all detention centers and facilities under their respective jurisdictions with
the corresponding data on the prisoners or detainees incarcerated or detained therein

such as, among others, names, date of arrest and incarceration, and the crime of
offense committed.
Note: The list of detainees and detention facilities shall be available to the public at all
times and submitted to the Commission on Human Rights (CHR).
APPLICABILITY OF THE EXCLUSIONARY RULE; EXCEPTION (Sec. 8)

Any confession, admission or statement obtained as a result of torture shall be
inadmissible in evidence in any proceedings, except if the same is used as evidence
against a person or persons accused of committing torture.
INSTITUTIONAL PROTECTION OF TORTURE VICTIMS AND OTHER PERSONS

INVOLVED (Sec. 9)
A victim of torture shall have the following rights in the institution of a criminal complaint
for torture: P-A-S
1). To have a prompt and an impartial investigation by the CHR and by agencies of
government concerned such as the DOJ, PAO, PNP, NBI and the AFP.
Note: A prompt investigation shall mean a maximum period of sixty (60) working days
from the time of complaint within which an investigation report and/or resolution shall be
completed and made available. An appeal shall be resolved within the same period
prescribed therein.
2). To have sufficient government protection against all forms of harassment; threat
and/or intimidation as a consequence of the filing of said complaint or the presentation of
evidence therefor
3). To be accorded sufficient protection in the manner by which he/she testifies and
presents evidence in any fora in order to avoid further trauma.
ASSISTANCE IN FILING A COMPLAINT (Sec. 11)

The CHR and the PAO shall render legal assistance in the investigation and monitoring
and/or filing of the complaint for a person who suffers torture and other cruel, inhuman
and degrading treatment or punishment or for any interested party thereto.
The victim or interested party may also seek legal assistance from the Barangay Human
Rights Action Center (BHRAC) nearest him/her as well as from human rights NGOs.
RIGHT TO PHYSICAL, MEDICAL AND PSYCHOLOGICAL EXAMINATION (Sec. 12)

Before and after interrogation, every person arrested, detained or under custodial investigation
shall have the right to be informed of his/her right to demand physical examination by an
independent and competent doctor of his/her own choice. If such person cannot afford the
services of his/her own doctor, he/she shall be provided by the State with a competent and
independent doctor to conduct physical examination.
WHO ARE CRIMINALLY LIABLE (Sec. 13)

The following are deemed as principal: D-I-S-C
1). Direct participator, inducer and indispensable cooperator
2). Superior military, police or law enforcement officer or senior government official who ordered
any lower ranking personnel to commit torture for whatever purpose
3). Immediate commanding officer of the unit of AFP, immediate senior public official of the PNP
and other law enforcement agencies for any act, omission or negligence committed by him that
led, assisted, abetted or allowed, directly or indirectly, the commission thereof
4). Commanding officer or senior public official who has knowledge of or should have known
that said acts shall be, is being, or has been committed by his subordinates or others within his
area of responsibility and, despite such knowledge, did not take preventive or corrective action
before, during or immediately after its commission, when he has the authority to prevent or
investigate allegations thereof but failed to do so, whether deliberately or due to negligence.
The following are accessories:
Any public officer or employee who has knowledge that torture or other cruel, inhuman or
degrading treatment or punishment is being committed and not being either principal or
accomplice, takes part subsequent to its commission in any of the following manner: P-C-H
(a) Profiting from or assisting offender to profit from the effects of the act of torture or other
cruel, inhuman and degrading treatment or punishment
(b) By concealing the said acts and/or destroying the effects or instruments thereof in order to
prevent its discovery
(c) By harboring, concealing or assisting in the escape of the principal in the act of torture or
other cruel, inhuman and degrading treatment or punishment provided that the acts are done
with abuse of the official's public functions.
TORTURE AS A SEPARATE AND INDEPENDENT CRIME (Sec. 15)

Torture as a crime shall not absorb or shall not be absorbed by any other crime or felony
committed as a consequence, or as a means in the conduct or commission thereof. In which
case, torture shall be treated as a separate and independent criminal act whose penalties shall
be imposable without prejudice to any other criminal liability provided for by domestic and
international laws.
EXCLUSION FROM THE COVERAGE OF SPECIAL AMNESTY LAW (Sec. 16)

In order not to depreciate the crime of torture, persons who have committed any act of torture
shall not benefit from any special amnesty law or similar measures that will have the effect of
exempting them from any criminal proceedings and sanctions.
No person shall be expelled, returned or extradited to another State where there are substantial
grounds to believe that he shall be in danger of being subjected to torture (Refouler rule).

ANTI-HIJACKING LAW
ACTS PUNISHABLE:
It shall be unlawful for any person to:
1). Compel a change in the course of destination of an aircraft of Philippine registry, or to seize
or usurp the control thereof, while it is in flight. (Sec.1)
Note: An aircraft is in flight from the moment all its external doors are closed
following embarkation until any of such doors is opened for disembarkation. When the aircraft is
not in flight, the usurpation or seizure of the aircraft may amount to coercion or threat. When
death results, the crime is homicide or murder, as the case may be.
2). Compel an aircraft of foreign registry to land in Philippine territory or to seize or usurp the
control thereof while it is within the said territory. (Sec.1)
Note: There is no requirement that it be in flight. Under this Act, it is not required that the
aircraft be a public utility.
Penalty: Imprisonment of not less than twelve (12) years but not more than twenty (20) years or
by a fine of not less than twenty thousand pesos (P20,000) but not more than forty thousand
pesos (P40,000). (Sec.2)
Aggravating circumstances to acts punished under 1 and 2: F-E-A

(a) When he has fired upon the pilot, member of the crew or passenger of the aircraft
(b) When he has exploded/attempted to explode any bomb or explosive to destroy the aircraft
(c) Whenever the crime is accompanied by murder, homicide, serious physical injuries or rape.
Penalty: Imprisonment of fifteen (15) years to death, or a fine of not less than twenty-five
thousand pesos (P25,000) but not more than fifty thousand pesos (P50,000)
3). Ship, load or carry in any passenger aircraft operating as a public utility within the
Philippines, any explosive, flammable, corrosive or poisonous substance or material. (Sec. 3)
Penalty: Imprisonment of at least five (5) years but not more than ten (10) years or by a fine of
not less than ten thousand pesos (P10,000) but not more than twenty thousand pesos
(P20,000).
4). Shipping, loading or carrying such substances in any cargo aircraft operating as a public
utility within the Philippines not in accordance with regulations issued by the Civil Aeronautics
Administration. (Sec. 4)
Note: For any death or injury to persons or damage to property resulting from a violation of
Sections 3 and 4, the person responsible may be held liable in accordance with the applicable
provisions of the Revised Penal Code. (Sec. 7)
Aircraft companies which operate as public utilities or operators of aircraft which are for hire are
authorized to open and investigate suspicious packages and cargoes in the presence of the
owner or shipper, or his authorized representative if present; in order to help the authorities in
the enforcement of the provisions of this Act: Provided, that if the owner, shipper or his
representative refuses to have the same opened and inspected, the airline or air carrier is
authorized to refuse the loading thereof. (Sec. 8)

EXPLOSIVE - any substance, either solid or liquid, mixture or single compound, which by
chemical reaction liberates heat and gas at high speed and causes tremendous pressure
resulting in explosion. It shall include but not limited to dynamites, firecrackers, blasting caps,
black powders, bursters, percussions, cartridges and other explosive materials, except bullets
for firearm.
FLAMMABLE - any substance or material that is highly combustible and self-igniting by
chemical reaction and shall include but not limited to acrolien, allene, aluminum dyethyl
monochloride and other aluminum compounds, ammonium chlorate and other ammonium
mixtures and other similar substances or materials.
CORROSIVE - any substance or material, either liquid, solid or gaseous, which through
chemical reaction wears away, impairs or consumes any object. It shall include but not limited to
alkaline battery fluid packed with empty storage battery, allylchloroformate, allytrichirosilance,
ammonium dinitro-orthocresolate and other similar substances or materials.
POISONOUS - any substance or material, except medicinal drug, either liquid, solid or gaseous,
which through chemcal reaction kills, injures or impairs a living organism or person and shal
include but not limited to allyl isothiocyanate, ammunition (chemical, non-explosive by
containing Class A, B or poison), aniline oil, arsine, bromobenzyle cyanide, bromoacetone and
other similar substances or materials.
REPUBLIC ACT NO. 9208 AS AMENDED BY REPUBLIC ACT NO. 10364

ANTI-TRAFFICKING IN PERSONS ACT
TRAFFICKING OF PERSONS - refers to the recruitment, obtaining, hiring, providing, offering,
transportation, transfer, maintaining, 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 position, taking
advantage of the vulnerability of the person, or the giving or receiving of payment 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.
Note: The recruitment, transportation, transfer, harboring, adoption or receipt of a child for the
purpose of exploitation or when the adoption is induced by any form of consideration for
exploitative purpose shall also be considered as "trafficking in persons" even if it does not
involve any of the means set forth in the preceding paragraph.
CHILD - refers to the person below eighteen (18) years of age or one who is over eighteen (18)
but is unable to fully take care of or protect himself/herself from abuse, neglect, cruelty,
exploitation or discrimination because of a physical or mental disability or condition.
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.
FORCED LABOR - refer to 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 including any
work or service extracted from any person under the menace of penalty.
SLAVERY - refers to the status or condition of a person over whom any or all of the powers
attaching to the ownership are exercised.
INVOLUNTARY SERVITUDE - refers to a condition of enforced and compulsory service
induced by means of any scheme, plan or pattern, intended to cause a person to believe that if
he or she did not enter into or continue in such condition, he or she or another person would
suffer serious harm or other forms of abuse of physical restraint, or threat of abuse or harm, or
coercion including depriving access to travel documents and withholding salaries, or the abuse
or threatened abuse of the legal process.
SEX TOURISM - refers to the program organized by travel and tourism-related establishments
and individuals which consists of tourism packages or activities utilizing and offering escort and
sexual services and practices offered during rest and recreation periods for members of the
military.
SEXUAL EXPLOITATION - refers to the participation by a person in prostitution, pornography or

the production of pornography, in exchange for money, profit or any other consideration or
where the participation is caused or facilitated by any means of intimidation or threat, use of
force or other forms of coercion, abduction, fraud, deception, debt bondage, abuse of power or
position or of legal process, taking advantage of the vulnerability of the person, or giving or
receiving of payments or benefits to achieve the consent of a person having control over
another person; or in sexual intercourse or lascivious conduct caused or facilitated by any
means as provided in this Act.
DEBT BONDAGE - 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.
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.
ELEMENTS OF TRAFFICKING OF PERSONS: A-M-E
1). Act
2). Means
3). Exploitative purpose
ACTS PUNISHABLE:
1). Acts of Trafficking in Persons (Sec. 4) O2R5 U A2IM
a) To recruit, obtain, hire, provide, offer, transport, transfer, maintain, harbor 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, or sexual exploitation
b) 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.
c) 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.
d) 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
e) To maintain or hire a person to engage in prostitution or pornography
f) To adopt persons by any form of consideration for exploitative purpose or to facilitate
the same for purposes of prostitution, pornography, sexual exploitation, forced labor,
slavery, involuntary servitude or debt bondage.
g) To adopt or facilitate the adoption of persons for the purpose of prostitution ,

pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt
bondage
h) To recruit, hire, adopt, transport, transfer, obtain, harbor, maintain, provide, offer,
receive 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
i) To recruit, transport, obtain, transfer, harbor, maintain, offer, hire, provide, receive or
adopt a child to engage in armed activities in the Philippines or abroad.
j) To recruit, transport, transfer, harbor, obtain, maintain, offer, hire, provide or receive a
person by means defined in Section 3 of this Act for purposes of forced labor,
slavery, debt bondage and involuntary servitude, including a scheme, plan, or pattern
intended to cause the person either
1) To believe that if the person did not perform such labor or services, he or she or
another person would suffer serious harm or physical restraint;
2) To abuse or threaten the use of law or the legal processes; and
k) To recruit, transport, harbor, obtain, transfer, maintain, hire, offer, provide, adopt or
receive a child for purposes of exploitation or trading them, including but not limited to,
the act of baring and/or selling a child for any consideration or for barter for purposes of
exploitation. Trafficking for purposes of exploitation of children shall include:
1) All forms of slavery or practices similar to slavery, involuntary servitude, debt
bondage and forced labor, including recruitment of children for use in armed conflict
2) The use, procuring or offering of a child for prostitution, for the production of
pornography, or for pornographic performances
3) The use, procuring or offering of a child for the production and trafficking of drugs
4) The use, procuring or offering of a child for illegal activities or work which, by its
nature or the circumstances in which it is carried out, is likely to harm their health, safety
or morals
l) To organize or direct other persons to commit the offenses defined as acts of
trafficking under this Act.
Penalty: Imprisonment of twenty (20) years and a fine of not less than One million pesos
(P1,000,000.00) but not more than Two million pesos (P2,000,000.00)
2). Attempted Trafficking in Persons (Sec. 4-A)
Where there are acts to initiate the commission of a trafficking offense but the offender failed to
or did not execute all the elements of the crime, by accident or by reason of some cause other
than voluntary desistance
Note: In cases where the victim is a child, any of the following acts shall also be deemed as
attempted trafficking in persons: F-E-R-S2
a) Facilitating the travel of a child who travels alone to a foreign country or territory without
valid reason therefor and without the required clearance or permit from the Department of
Social Welfare and Development, or a written permit or justification from the childs parent
or legal guardian
b) Executing, for a consideration, an affidavit of consent or a written consent for adoption
c) Recruiting a woman to bear a child for the purpose of selling the child
d) Simulating a birth for the purpose of selling the child
e) Soliciting a child and acquiring the custody thereof through any means from among
hospitals, clinics, nurseries, daycare centers, refugee or evacuation centers, and lowincome families, for the purpose of selling the child
Penalty: Imprisonment of fifteen (15) years and a fine of not less than Five hundred thousand
pesos (P500,000.00) but not more than One million pesos (P1,000,000.00)
3). Accomplice Liability (Sec. 4-B)
Whoever knowingly aids, abets, cooperates in the execution of the offense by previous or
simultaneous acts defined in this Act
4). Accessory Liability (Sec. 4-C)
Whoever has the knowledge of the commission of the crime, and without having participated
therein, either as principal or as accomplices, take part in its commission in any of the following
manners:
a) By profiting themselves or assisting the offender to profit by the effects of the crime
b) By concealing or destroying the body of the crime or effects or instruments thereof, in
order to prevent its discovery
c) By harboring, concealing or assisting in the escape of the principal of the crime,
provided the accessory acts with abuse of his or her public functions or is known to be
habitually guilty of some other crime.
5). Acts that promote trafficking in persons (Sec. 5) D-B-P A2-C-T F-U-L
a) To knowingly lease or sublease, use or allow to be used any house, building or establishment
for the purpose of promoting trafficking in persons
b) To produce, print and issue or distribute unissued, tampered or fake counseling certificates,
registration stickers, overseas employment certificates or other certificates of any government
agency which issues these certificates, decals and such other markers as proof of compliance
with government regulatory and pre-departure requirements for the purpose of promoting
trafficking in persons
c) 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
d) 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
e) 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
f) 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
g) 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
h) To tamper with, destroy, or cause the destruction of evidence, or to influence or attempt to
influence witnesses, in an investigation or prosecution of a case under this Act
i) To destroy, conceal, remove, confiscate or possess, or attempt to destroy, conceal, remove,
confiscate or possess, any actual or purported passport or other travel, immigration or working
permit or document, or any other actual or purported government identification, of any person in
order to prevent or restrict, or attempt to prevent or restrict, without lawful authority, the persons
liberty to move or travel in order to maintain the labor or services of that person
j) To utilize his or her office to impede the investigation, prosecution or execution of lawful orders
in a case under this Act
6). Qualified Trafficking in Persons (Sec.6)
Violations of Section 4 of this Act shall be considered as qualified trafficking under the following
circumstances: C2-A-R-O4-T
a) When the trafficked person is a child
b) 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
c) When the crime is committed by a syndicate, or in large scale.
Note: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
d) When the offender is a spouse, 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
e) When the trafficked person is recruited to engage in prostitution with any member of
the military or law enforcement agencies
f) When the offender is a member of the military or law enforcement agencies
g) 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)
h) When the offender commits one or more violations of Section 4 over a period of sixty
(60) or more days, whether those days are continuous or not
i) When the offender directs or through another manages the trafficking victim in carrying
out the exploitative purpose of trafficking
Note: Qualified trafficking is non-bailable.

Penalty: Life imprisonment and a fine of not less than Two million pesos (P2,000,000.00) but
not more than Five million pesos (P5,000,000.00)
7). Violation of confidentiality rule
Penalty: Imprisonment of six (6) years and a fine of not less than Five hundred thousand pesos
(P500,000.00) but not more than One million pesos (P1,000,000.00);
CONFIDENTIALITY RULE (Sec. 7)
Confidentiality refers to the right to privacy of the trafficked person which covers: N-A-P
1). name of the trafficked person
2). personal circumstances
3). any other information tending to establish the identity of the trafficked person and
his/her family
Law enforcement officers, prosecutors and judges to whom the complaint has been referred
may, whenever necessary to ensure a fair and impartial proceeding, and after considering all
circumstances for the best interest of the parties, order a closed-door investigation, prosecution
or trial.
Note: Confidentiality rule applies solely to the victim and not to the offender. Confidentiality can
be waived by the trafficked person in a written statement duly notarized knowingly, voluntarily
and willingly.
Confidentiality rule starts at any stage of the: T-R-I-P
1). Trial
2). Rescue
3). Investigation
4). Prosecution
INITIATION AND PROSECUTION OF CASES (Sec. 8)
Law enforcement agencies are mandated to immediately initiate investigation and countertrafficking-intelligence gathering upon receipt of statements or affidavit from victims of trafficking,
migrant workers, or their families who are in possession of knowledge or information about
trafficking in persons cases.
WHO CAN FILE A COMPLAINT: C- S2-L-A-P -T
1) Children
2) Spouse
3) Siblings
4) Legal guardian
5) Any person who has personal knowledge of the commission of any offense under this Act
6) Parents
7) Trafficked person
Note: Cases involving trafficking in persons should not be dismissed based on the affidavit of
desistance executed by the victims or their parents or legal guardians. Public and private
prosecutors are directed to oppose and manifest objections to motions for dismissal.
WHERE TO FILE: (Sec. 9) T-O-E

1). Where the offense was committed
2). Where any of its elements occurred
3). Where the trafficked person actually resides at the time of the commission of the
offense
Note: The court where the criminal action is first filed shall acquire jurisdiction to the exclusion
of other courts.
8). Use of trafficked persons (Sec. 11)

Any person who buys or engages the services of a trafficked person for prostitution shall be
penalized and the Probation Law (Presidential Decree No. 968) shall not apply.
PRESCRIPTIVE PERIOD (Sec. 12)
a) 10 years
b) 20 years - if committed by a syndicate or in a large scale or against a child
Note: The prescriptive period shall commence to run from the day on which the trafficked person
is delivered or released from the conditions of bondage, or in the case of a child victim, from the
day the child reaches the age of majority, and shall be interrupted by the filing of the complaint
or information and shall commence to run again when the proceedings terminate without the
accused being convicted or acquitted or are unjustifiably stopped for any reason not imputable
to the accused.
LEGAL PROTECTION TO TRAFFICKED PERSONS (Sec. 17)

Trafficked persons shall be recognized as victims of the act or acts of trafficking and as such,
shall not be penalized for unlawful acts committed. The consent of a trafficked person to the
intended exploitation shall be irrelevant.
Note: Victims of trafficking for purposes of prostitution as defined under Section 4 of this Act are
not covered by Article 202 of the Revised Penal Code and as such, shall not be prosecuted,
fined, or otherwise penalized under the said law.
SEXUAL SHIELD RULE (Sec. 17-B)
The past sexual behavior or the sexual predisposition of a trafficked person shall be considered
inadmissible in evidence for the purpose of proving consent of the victim to engage in sexual
behavior, or to prove the predisposition, sexual or otherwise, of a trafficked person.
IMMUNITY FROM SUIT, PROHIBITED ACTS AND INJUNCTIVE REMEDIES (Sec. 17-C)
No action or suit shall be brought, instituted or maintained in any court or tribunal or before any
other authority against any: PLaS
a) law enforcement officer
b) social worker
c) person acting in compliance with a lawful order from any of the above, for lawful acts
done or statements made during an authorized rescue operation, recovery or
rehabilitation /intervention, or an investigation or prosecution of an anti-trafficking case
provided that such acts shall have been made in good faith
Note: The prosecution of retaliatory suits against victims of trafficking shall be held in abeyance
pending final resolution and decision of criminal complaint for trafficking.
It shall be prohibited for the DFA, the DOLE, and the POEA officials, law enforcement
officers, prosecutors and judges to urge complainants to abandon their criminal, civil and
administrative complaints for trafficking.
The remedies of injunction and attachment of properties of the traffickers, illegal
recruiters and persons involved in trafficking may be issued motu proprio by judges.
EXTRA-TERRITORIAL JURISDICTION (Sec. 26-A)
The State shall exercise jurisdiction over any act defined and penalized under this Act, even if
committed outside the Philippines and whether or not such act or acts constitute an offense at
the place of commission, the crime being a continuing offense, having been commenced in the
Philippines and other elements having been committed in another country, if the suspect or
accused:
a) Is a Filipino citizen
b) Is a permanent resident of the Philippines
c) Has committed the act against a citizen of the Philippines
No prosecution may be commenced against a person under this section if a foreign
government, in accordance with jurisdiction recognized by the Philippines, has prosecuted or is
prosecuting such person for the conduct constituting such offense, except upon the approval of
the Secretary of Justice.
Note: The government may surrender or extradite persons accused of trafficking in the
Philippines to the appropriate international court if any, or to another State pursuant to the
applicable extradition laws and treaties
RA 9165
COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002
ADMINISTER Any act of introducing any dangerous drug into the body of any person, with or
without his/her knowledge, by injection, inhalation, ingestion or other means, or of committing
any act of indispensable assistance to a person in administering a dangerous drug to
himself/herself unless administered by a duly licensed practitioner for purposes of medication
CHEMICAL DIVERSION The sale, distribution, supply or transport of legitimately imported, intransit, manufactured or procured controlled precursors and essential chemicals, in diluted,
mixtures or in concentrated form, to any person or entity engaged in the manufacture of any
dangerous drug, and shall include packaging, repackaging, labeling, relabeling or concealment
of such transaction through fraud, destruction of documents, fraudulent use of permits,
misdeclaration, use of front companies or mail fraud.
CLANDESTINE LABORATORY Any facility used for the illegal manufacture of any dangerous
drug and/or controlled precursor and essential chemical.
CONFIRMATORY TEST An analytical test using a device, tool or equipment with a different
chemical or physical principle that is more specific which will validate and confirm the result of
the screening test.
CONTROLLED DELIVERY The investigative technique of allowing an unlawful or suspect
consignment of any dangerous drug and/or controlled precursor and essential chemical,
equipment or paraphernalia, or property believed to be derived directly or indirectly from any
offense, to pass into, through or out of the country under the supervision of an authorized
officer, with a view to gathering evidence to identify any person involved in any dangerous drugs
related offense, or to facilitate prosecution of that offense.
CONTROLLED PRECURSORS AND ESSENTIAL CHEMICALS Include those listed in
Tables I and II of the 1988 UN Convention Against Illicit Traffic in Narcotic Drugs and
Psychotropic Substances as enumerated in the attached annex, which is an integral part of this
Act.
DANGEROUS DRUGS Include those listed in the Schedules annexed to the 1961 Single
Convention on Narcotic Drugs, as amended by the 1972 Protocol, and in the Schedules
annexed to the 1971 Single Convention on Psychotropic Substances as enumerated in the
attached annex which is an integral part of this Act.
DEN, DIVE OR RESORT A place where any dangerous drug and/or controlled precursor and
essential chemical is administered, delivered, stored for illegal purposes, distributed, sold or
used in any form.
DRUG SYNDICATE Any organized group of two (2) or more persons forming or joining
together with the intention of committing any offense prescribed under this Act.
FINANCIER Any person who pays for, raises or supplies money for, or underwrites any of the
illegal activities prescribed under this Act.
ILLEGAL TRAFFICKING The illegal cultivation, culture, delivery, administration, dispensation,
manufacture, sale, trading, transportation, distribution, importation, exportation and possession
of any dangerous drug and/or controlled precursor and essential chemical.
PROTECTOR/CODDLER Any person who knowingly and willfully consents to the unlawful
acts provided for in this Act and uses his/her influence, power or position in shielding, harboring,
screening or facilitating the escape of any person he/she knows, or has reasonable grounds to
believe on or suspects, has violated the provisions of this Act in order to prevent the arrest,
prosecution and conviction of the violator.
PUSHER Any person who sells, trades, administers, dispenses, delivers or gives away to
another, on any terms whatsoever, or distributes, dispatches in transit or transports dangerous
drugs or who acts as a broker in any of such transactions, in violation of this Act.
SCREENING TEST A rapid test performed to establish potential/presumptive positive result.
ACTS PUNISHED: F CU3M3S P4I2E

1). Importation of dangerous drugs and/or controlled precursors and essential chemicals(Sec. 4)
2). Sale, trading, administration, dispensation, delivery, distribution and transportation of
dangerous drugs and/or controlled precursors and essential chemicals (Sec. 5)
Note: In order to sustain a conviction for selling prohibited drugs, the element of sale must be
unequivocally established. What the law proscribes is not only the act of selling but also the act
of delivering. What is important is that the poseur-buyer received the drugs from the accused
( People v. Ponferada, G.R. No. 101004, March 17, 1993)
The following elements must concur: I-D-C
a) The identity of the buyer and the seller, the object and the consideration of the sale
b) The delivery of the thing sold and the payment therefor
c) Corpus delicti or the body of the crime
3). Maintenance of a den, dive or resort (Sec. 6)

4). Employment in and visiting a den, dive or resort (Sec. 7)
Persons liable:
(a) Any employee of a den, dive or resort, who is aware of the nature of the place as such
(b) Any person who, not being included in the provisions of the next preceding, paragraph, is
aware of the nature of the place as such and shall knowingly visit the same
5). Manufacture of dangerous drugs and/or controlled precursors and essential chemicals (Sec.
8)
Note: The presence of any controlled precursor and essential chemical or laboratory equipment
in the clandestine laboratory is a prima facie proof of manufacture of any dangerous drug. It
shall be considered an aggravating circumstance if the clandestine laboratory is undertaken or
established under the following circumstances: C-E-S-C-E
(a) Any phase of the manufacturing process was conducted in the presence or
with the help of minor/s
(b) Any phase or manufacturing process was established or undertaken within
one hundred (100) meters of a residential, business, church or school premises
(c) Any clandestine laboratory was secured or protected with booby traps
(d) Any clandestine laboratory was concealed with legitimate business operations
(e) Any employment of a practitioner, chemical engineer, public official or
foreigner.
6). Illegal chemical diversion of controlled precursors and essential chemicals (Sec. 9)
7). Manufacture or delivery of equipment, instrument, apparatus and other paraphernalia for
dangerous drugs and/or controlled precursors and essential chemicals (Sec.10)
8). Possession of dangerous drugs (Sec. 11)
The following are the elements:
a) Unauthorized
b) Either actual or constructive
c) Irrespective of its quantity
d) With intent to possess or with full knowledge that what was possessed was
any of the prohibited drugs
9). Possession of equipment, instrument, apparatus and other paraphernalia for dangerous
drugs Sec. 12)
Note: The possession of such equipment, instrument, apparatus and other paraphernalia fit or
intended for smoking, consuming, administering, injecting, ingesting or introducing any
dangerous drug to the body shall be prima facie evidence that the possessor smoked,
consumed, administered to himself/herself, injected, ingested or used a dangerous drug and
shall be presumed to have violated Section 15 of this Act.
10). Possession of dangerous drugs during parties, social gatherings or meetings or in the
proximate company of at least two persons (Sec. 13)
11). Possession of equipment, instrument, apparatus and other paraphernalia for dangerous
drugs during parties, social gatherings or meetings or in the proximate company of at least two
persons (Sec. 14)
12). Use of dangerous drugs (Sec. 15)
Note: This section shall not be applicable where the person tested is also found to have in
his/her possession such quantity of any dangerous drug provided for under Sec.11 of this Act, in
which case the provisions stated therein shall apply.
13). Cultivation or culture of plants classified as dangerous drugs or are sources thereof (Sec.
16)
14). Failure to maintain and keep records of transactions on dangerous drugs and/or controlled
precursors and essential chemicals (Sec. 17)
15). Unnecessary prescription of dangerous drugs (Sec. 18)
16). Unlawful prescription of dangerous drugs (Sec. 19)
Rules on Possession, Sale and Use of Prohibited drugs and/or Paraphernalia

1). When the seller is apprehended, the quantity he is possessing must be equal to that being
sold by him. If so, it will be illegal sale only, possession being absorbed by the sale. But if the
quantity possessed by him is greater than the quantity negotiated, he is still liable for illegal
possession equal to the excess amount.
2). Possession of instruments for administering drugs is punished separately. But if possession
of pipe is when he is smoking the same, possession of pipe is absorbed. If he is found
possessing the pipe and opium and he is not smoking, two crimes are committed: illegal
possession of opium and illegal possession of opium pipe.
3). An offender who is tested positive for use and is found to be in possession of any quantity of
dangerous drugs shall be punished for possession only.
OTHER ACTS PUNISHED: ReP Ben Con2FIDe Mis V2

1). Misappropriation, misapplication or failure to account seized, confiscated or surrendered
dangerous drugs, controlled precursors and/or essential chemicals, plant sources of dangerous
drugs, instruments, paraphernalia or laboratory equipment including proceeds/properties
obtained from the unlawful act (Sec. 27)
2). Benefitting from the proceeds of trafficking of dangerous drugs (Sec. 27)
3). Receiving financial/material contributions from natural or juridical persons found guilty of
trafficking of dangerous drugs (Sec. 27)
4). Planting of dangerous drugs, controlled precursors or essential chemicals as evidence
regardless of quantity and purity (Sec. 29)
5). Consenting or knowingly tolerating any violation of this Act in the case of a partner,
president, director, manager, trustee, estate administrator or officer of a partnership,
corporation, association or any juridical entity (Sec. 30)
6). Knowingly consenting to, tolerating or authorizing the use of a vehicle, vessel, aircraft,
equipment or other facility, as an instrument in the importation, sale, trading, administration,
dispensation, delivery, distribution, transportation or manufacture of dangerous drugs or
chemical diversion if the same are owned by or under the control or supervision of the officers
or juridical entities (Sec. 30)
7). Violating any regulation duly issued by the Dangerous Drugs Board (Sec. 32)
8). Issuance of a false or fraudulent dangerous drug test result (Sec. 37)
9). Violation of the confidentiality rule on records of drug dependents under voluntary
submission (Sec. 72)
10). Failure or refusal to appear as a witness for any violation of this Act (Sec. 91)
11). Delay or bungling in the handling of the prosecution of drug related cases (Sec. 92)
CONFISCATION AND FORFEITURE OF PROCEEDS OR INSTRUMENTS (Sec. 20)
All the proceeds and properties derived from the unlawful act shall be confiscated and forfeited
in favor of the government, including, but not limited to, money and other assets obtained
thereby, and the instruments or tools with which the particular unlawful act was committed,
unless they are the property of a third person not liable for the unlawful act, but those which are
not of lawful commerce shall be ordered destroyed without delay pursuant to the provisions of
Section 21 of this Act.
CUSTODY AND DISPOSITION OF CONFISCATED, SEIZED, SURRENDERED DANGEROUS
DRUGS, ETC. (Sec. 21)
The PDEA shall take charge and have custody of all dangerous drugs, plant sources of
dangerous drugs, controlled precursors or essential chemicals and equipment or paraphernalia
confiscated, seized or surrendered for proper disposition. IS CFO BS SAD
1). Physical inventory and photograph the articles seized in the presence of the accused, his
representative or counsel, a representative from the media and the DOJ and any elected public
official who shall be required to sign the copies of the inventory and be given a copy thereof.
2). Submit the article within 24 hours upon confiscation/seizure to the PDEA Forensic
Laboratory for a qualitative and quantitative examination.
3). Certification of the results of the laboratory examination within 24 hours from the receipt of
the subject items. When the volume of the subject does not allow the completion of the
examination within 24 hours, a partial laboratory report shall be issued, with a final certification
to follow within the next 24 hours.
4). Filing of the criminal case in court.
5). Ocular inspection by the Court of the subject seized, confiscated or surrendered within 72
hours after the filing of case.
6). Within the next 24 hours, the burning or destroying of the items in the presence of the
accused or his counsel, representative from the media, DOJ, civil society groups and any
elected public official.
7). Sworn certification as to the fact of the burning, destruction or disposal is issued by the
Dangerous Drugs Board.
8). Submission of the sworn certificate of destruction or burning to the court.
9). After promulgation of judgment by the court, the representative sample, with leave of court,
shall be turned over to the PDEA which shall destroy the same within 24 hours from its receipt.
10). The Dangerous Drugs Board shall be informed of the termination of the case.
CHAIN OF CUSTODY
The duly recorded authorized movements and custody of seized drugs or controlled chemicals
or plant sources of dangerous drugs or laboratory equipment of each stage, from the time of
seizure/confiscation to receipt in the forensic laboratory to safekeeping to presentation in court
for destruction. Such record of movements and custody of seized item shall include the identity
and signature of the person who held temporary custody of the seized item, the date and time
when such transfer of custody were made in the course of safekeeping and use in court as
evidence and the final disposition (Sec. 1(b) of the Dangerous Drugs Board Resolution No. 1,
Series of 2002, implementing RA 9165)
Note: Non-compliance with the procedure outlined in Section 21(a) shall not render void and
invalid such seizures of and custody over said items, for as long as the integrity and evidentiary
value of the seized items are properly preserved by the apprehending officers (People v. Lopez,
G.R. No. 181747, September 29, 2008)
PROHIBITION ON PLEA-BARGAINING (Sec. 23)
Any person charged under any provision of this Act regardless of the imposable penalty shall
not be allowed to avail of the provisions of plea-bargaining.
NON-APPLICABILITY OF THE PROBATION LAW FOR DRUG TRAFFICKERS AND
PUSHERS (Sec. 24)
Any person convicted for drug trafficking or pushing under this Act, regardless of the penalty
imposed by the Court, cannot avail of the privilege granted by the Probation Law.
QUALIFYING AGGRAVATING CIRCUMSTANCES IN THE COMMISSION OF A CRIME BY
OFFENDER UNDER INFLUENCE OF DANGEROUS DRUGS (Sec. 25)
Notwithstanding the provisions of the law to the contrary, a positive finding for the use of
dangerous drugs shall be a qualifying aggravating circumstance in the commission of a crime by
an offender and the applicable penalty provided for in the Revised Penal Code shall be
applicable.
ATTEMPT OR CONSPIRACY (Sec. 26)
Any attempt or conspiracy to commit the following unlawful acts shall be penalized by the same
penalty prescribed for the commission of the same as provided under this Act: Im SMa2C
(a) Importation of any dangerous drug and/or controlled precursor and essential
chemical
(b) Sale, trading, administration, dispensation, delivery, distribution and transportation of
any dangerous drug and/or controlled precursor and essential chemical
(c) Maintenance of a den, dive or resort where any dangerous drug is used in any form
(d) Manufacture of any dangerous drug and/or controlled precursor and essential
chemical
(e) Cultivation or culture of plants which are sources of dangerous drugs
CRIMINAL LIABILITY OF GOVERNMENT OFFICIALS AND EMPLOYEES (Sec. 28)
If the violators are government officials and employees, maximum penalties of the unlawful act
plus absolute perpetual disqualification from any public office shall be imposed.
ADDITIONAL PENALTY IF OFFENDER IS AN ALIEN (Sec. 31)
In addition to the penalties prescribed in the unlawful act committed, any alien who violates such
provisions of this Act shall, after service of sentence, be deported immediately without further
proceedings, unless death is the penalty.
IMMUNITY FROM PROSECUTION AND PUNISHMENT (Sec. 33)
Requisites: ViVo TeCo
1). The accused was prosecuted for violation of Sections 7, 11, 12, 14, 15, and 19 of
this Act
2). Voluntarily gives information about any violation of Sections 4, 5, 6, 8, 10, 13, and 16
of this Act as well as any violation of the offenses mentioned if committed by a drug
syndicate, or any information leading to the whereabouts, identities and arrest of all or
any of the members thereof
3). He willingly testifies against such persons as described above
4). His information and testimony has complied with the following conditions: NeNo
CorPS DN
(a) It is necessary for the conviction of the persons described above
(b) It is not yet in the possession of the State

(c) It can be corroborated on its material points
(d) The informant or witness has not been previously convicted of a crime
involving moral turpitude, except when there is no other direct evidence available
for the State other than the information and testimony of said informant or
witness
(e) The informant or witness shall strictly and faithfully comply without delay, any
condition or undertaking, reduced into writing, lawfully imposed by the State
(f) The informant or witness does not appear to be most guilty for the offense with
reference to which his/her information or testimony were given
(g) There is no direct evidence available for the State except for the information
and testimony of the said informant or witness.
TERMINATION OF THE GRANT OF IMMUNITY (Sec. 34)

Grounds for termination: FaFa Vi
1). If the testimony is false, malicious or made only to harass, molest or prejudice the
accused
2). Failure or refusal to testify without just cause, when lawfully obliged to do so
3). Violating any condition for immunity
Effect of termination of immunity:
The immunity shall cease and the witness shall be prosecuted or cited for contempt.
DANGEROUS DRUGS TEST AND RECORD REQUIREMENT (Sec. 36)
The following shall be subjected to undergo drug testing: SO2 FAD
(a) Applicants for driver's license - (mandatory drug test)
(b) Applicants for firearm's license and for permit to carry firearms outside of
residence - (mandatory drug test)
(c) Students of secondary and tertiary schools - (random drug test)
(d) Officers and employees of public and private offices whether domestic or
overseas - (random drug test)
Note: Any officer or employee found positive for use of dangerous drugs shall be dealt with
administratively which shall be a ground for suspension or termination, subject to the provisions
of Article 282 of the Labor Code and pertinent provisions of the Civil Service Law
(e) Officers and members of the military, police and other law enforcement (annual mandatory drug test)
(f) All candidates for public office whether appointed or elected both in the
national or local government - (mandatory drug test)
Note: The Court has held that the testing requirement as to national officials whose
qualifications have been expressly set in the Constitution, such as the President, Vice
President, Senators and Congressmen is unconstitutional. Where the Constitution has
expressly set out the qualifications, these are exclusive and may not be broadened nor
circumscribed by legislative fiat. (SJS v. Dangerous Drugs Board and PDEA, G.R. No. 157870,
November 3, 2008)
The testing requirement is no longer required for those charged before the prosecutor's office.
The Court held that such testing is unconstitutional as it effectively singles out its subject and
seeks to violate his rights against self-incrimination and privacy. A person accused of an offense
does not consent to such testing and neither does he waive his right to privacy simply by being
a person accused of a crime (SJS v. Dangerous Drugs Board supra)
Those found to be positive for dangerous drugs shall be subjected to the provisions of Sec. 15,
which involves rehabilitation for a minimum period of 6 months for the first offense or
imprisonment of 6 to 12 years for the second offense.
VOLUNTARY SUBMISSION OF A DRUG DEPENDENT (Sec. 54)
A drug dependent may, by himself/herself or through his/her parent, spouse, guardian or relative
within the fourth degree of consanguinity or affinity, apply to the Board or its duly recognized
representative, for treatment and rehabilitation of the drug dependency.
Upon such application, the Board shall bring forth the matter to the Court which shall order that
the applicant be examined for drug dependency.
If positive:
1). he/she shall be ordered by the Court to undergo treatment and rehabilitation in a
Center for a period of not less than six (6) months
2). may be placed under the care of a DOH-accredited physician where there is no
Center near or accessible to the residence of the drug dependent or where said drug
dependent is below eighteen (18) years of age and is a first-time offender and nonconfinement in a Center will not pose a serious danger to his/her family or the
community.
Confinement in a Center for treatment and rehabilitation shall not exceed one (1) year, after
which time the Court, as well as the Board, shall be apprised by the head of the treatment and
rehabilitation center of the status of said drug dependent and determine whether further
confinement will be for the welfare of the drug dependent and his/her family or the community.
EXEMPTION FROM THE CRIMINAL LIABILITY UNDER THE VOLUNTARY SUBMISSION

PROGRAM (Sec. 55)
A drug dependent under the voluntary submission program, who is finally discharged from
confinement, shall be exempt from the criminal liability subject to the following conditions: CoNe
NoP
(1) He/she has complied with the rules and regulations of the center, the
applicable rules and regulations of the Board, including the after-care and followup program for at least eighteen (18) months following temporary discharge from
confinement in the Center
(2) He/she has never been charged or convicted of any offense punishable under
this Act
(3) He/she has no record of escape from a Center
Note: If he/she escaped, he/she surrendered by himself/herself or through his/her parent,
spouse, guardian or relative within the fourth degree of consanguinity or affinity, within one (1)
week from the date of the said escape.
(4) He/she poses no serious danger to himself/herself, his/her family or the
community by his/her exemption from criminal liability.
COMPULSORY CONFINEMENT OF A DRUG DEPENDENT (Sec. 61)

Notwithstanding any law, rule and regulation to the contrary, any person determined and found
to be dependent on dangerous drugs shall, upon petition by the Board or any of its authorized
representative, be confined for treatment and rehabilitation in any Center duly designated or
accredited for the purpose.
Such petition may be filed by any person authorized by the Board with the Regional Trial Court
of the province or city where such person is found.
PRESCRIPTION OF OFFENSE CHARGED AGAINST A DRUG DEPENDENT (Sec. 63)

The period of prescription of the offense charged against a drug dependent under the
compulsory submission program shall not run during the time that the drug dependent is under
confinement in a Center or otherwise under the treatment and rehabilitation program approved
by the Board.
SUSPENSION OF SENTENCE OF A FIRST-TIME MINOR OFFENDER (Sec. 66)

An accused who is over fifteen (15) years of age at the time of violation of Section 11 of this Act,
but not more than eighteen (18) years of age at the time when judgment should have been
promulgated after having been found guilty of said offense, may be given the benefits of a
suspended sentence, subject to the following conditions:
(a) Has not been previously convicted of violating any provision of this Act, or of the
Dangerous Drugs Act of 1972, as amended; or of the Revised Penal Code; or of any
special penal laws
(b) He/she has not been previously committed to a Center or to the care of a DOHaccredited physician
(c) The Board favorably recommends that his/her sentence be suspended.
Note: However, Sec.38 of RA No. 9344 (Juvenile Justice and Welfare Act) provides for the
automatic suspension of sentence of a child in conflict with the law, even if he/she is already 18
years of age or more at the time he/she is found guilty of the offense charged, which reads:
SEC. 38. Automatic Suspension of Sentence. - Once the child who is under eighteen (18)
years of age at the time of the commission of the offense is found guilty of the offense charged,
the court shall determine and ascertain any civil liability which may have resulted from the
offense committed. However, instead of pronouncing the judgment of conviction, the court shall
place the child in conflict with the law under suspended sentence, without need of
application: Provided, however, That suspension of sentence shall still be applied even if the
juvenile is already eighteen years (18) of age or more at the time of the pronouncement of
his/her guilt.
Xxx
DISCHARGE AFTER COMPLIANCE WITH CONDITIONS OF SUSPENDED SENTENCE OF A

FIRST-TIME MINOR OFFENDER (Sec. 67)
If the first time minor offender under suspended sentence complies with the applicable rules and
regulations of the Board, including confinement in a Center, the court, upon a favorable
recommendation of the Board, shall discharge the accused and dismiss all proceedings.
Note: Upon the dismissal of the proceedings against the accused, the court shall enter an order
to expunge all official records, other than the confidential record to be retained by the DOJ
relating to the case. Such an order, which shall be kept confidential, shall restore the accused to
his/her status prior to the case. The minor shall not be held guilty of perjury or of concealment or
misrepresentation by reason of his/her failure to acknowledge the case or recite any fact related
thereto in response to any inquiry made of him for any purpose.
PRIVILEGE OF SUSPENDED SENTENCE TO BE AVAILED OF ONLY ONCE (Sec. 68)

The privilege of suspended sentence shall be availed of only once by an accused drug
dependent who is a first-time offender over fifteen (15) years of age at the time of the
commission of the violation of Section 15 of this Act but not more than eighteen (18) years of
age at the time when judgment should have been promulgated.

Reviewer Final

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REPUBLIC ACT 9160

AS AMENDED BY R.A. 10365

d.) MONETARY INSTRUMENT

-it refers to:

Coins or currency of legal tender of the Philippines , or of any

MONEY LAUNDERING (SECTION 4)

PENALTY (SECTION 10 AS AMENDED)

FAILURE TO KEEP RECORDS

Any person who, with malice, or in bad

6 months to 4 years or a fine of not less than

6 months to 4 years imprisonment and

proceedings after serving the penalties

3 8 years imprisonment and a fine of not

UNLAWFUL ACTIVITIES UNDER AMLA

Jurisdiction of Money Laundering Cases

Those committed by public officers and private persons who are in

PRESIDENTIAL DECREE NO. 1829

ACTS PUNISHABLE (Section 1)

REPUBLIC ACT NO. 4200

THE WRITTEN ORDER SHALL ONLY BE ISSUED OR GRANTED: (Section 3 paragraph 1)

THE WRITTEN ORDER OF THE COURT SHALL SPECIFY (Section 3 paragraph 2)

REPUBLIC ACT NO. 8049

IN A CORPORATION, THE PROVISION OF R.A. 8049 WHICH PRESCRIBES PENALTY FOR

a corporation engaged in hazing as a requirement for

When the recruitment is Accompanied by force, violence, threat, intimidation or deceit on

THE PRINCIPLE OF PRAETER INTENTIONEM IS NOT APPRECIABLE IF THE CRIME

The following persons are LIABLE AS PRINCIPALS in the crime of hazing:

Participators officers and members of the fraternity, sorority or organization,

The following persons are LIABLE AS ACCOMPLICES in the crime of hazing:

REPUBLIC ACT 9344

g. INTERVENTION- refers to a series of activities which are designed to address

h. JUVENILE JUSTICE AND WELFARE SYSTEM- refers to a system dealing with

RECOGNIZANCE- refers to an undertaking in lieu of a bond assumed by a

RESTORATIVE JUSTICE - refers to a principle which requires a process of

k. STATUS OFFENSES - refers to offenses which discriminate only against a child,

MINIMUM AGE OF CRIMINAL RESPONSIBILITY (SECTION 6)

STEP 1: DETERMINATION OF AGE (SEC. 7)

Childs Birth certificate

Any Other pertinent documents

In the absence of the above documents, information from : (CTA)

STEP 2: ASCERTAINMENT OF CRIMINAL LIABILITY BASED ON AGE AND DISCERNMENT

If the parents, guardians or nearest relatives cannot be located, or if they refuse

PROCEDURE FOR TAKING THE CHILD INTO CUSTODY (SEC. 21)

3. Properly identify himself/herself and present proper identification to the child.

DIVERSION MEASURES (SEC. 37)

CREDIT IN SERVICE OF SENTENCE (Sec. 41)

PROBATION AS AN ALTERNATIVE TO IMPRISONMENT. (SEC. 42)

STATUS OFFENSES (SEC.57)

OFFENSES NOT APPLICABLE TO CHILDREN

***All duty-bearers, including barangay/BCPC workers, law enforcers, teachers, guidance

PRESIDENTIAL DECREE 968

PURPOSE (Sec. 2) C-O-P

POST-SENTENCE INVESTIGATION (Sec. 5)

DISQUALIFIED OFFENDERS (Sec. 9)

The benefits of this Decree shall not be extended to those: C-H-A-S-H

EFFECTIVITY OF PROBATION ORDER ( Sec. 11)

Entire sentence served.

Unexpired portion shall be served

Grant of privilege; must be

Mandatory; application not

REPUBLIC ACT NO. 9745

DEFINITION OF TERMS (Sec. 3)