CRIMINAL LAW SPECIAL PENAL LAWS

REPUBLIC ACT 9346

AN ACT PROHIBITING THE IMPOSITION without the family abode which result in or is likely to
OF DEATH result in physical, sexual, psychological harm or
suffering, or economic abuse including threats of
PENALTY IN THE PHILIPPINES such acts, battery, assault, coercion, harassment or
arbitrary deprivation of liberty.

Approved: June 24, 2006
In lieu of the death penalty, the following shall be
imposed (Section 2):
A. Reclusion Perpetua when the law violated makes
use of the nomenclature of the penalties of the
Revised Penal Code.
B. Life imprisonment when the law violated does not
make use of the nomenclature of the penalties of the
Revised Penal Code.
Note: Person convicted of offenses punished with
reclusion perpetua, or whose sentences will be reduced to
reclusion perpetua shall not be eligible for parole under
Act No. 4180 or Indeterminate Sentence Law (Section 3).
REPUBLIC ACT NO. 9262
ANTI-VIOLENCE AGAINST WOMEN
AND THEIR CHILDREN ACT OF 2004
AN ACT DEFINING VIOLENCE AGAINST WOMEN AND
THEIR CHILDREN, PROVIDING FOR PROTECTIVE
MEASURES FOR VICTIMS, PRESCRIBING PENALTIES
THEREFORE, AND FOR OTHER PURPOSES
Approved: March 8, 2004
Definition of Terms (Section 3)
A. Violence against women and their children any act
or a series of acts committed by any person against a
woman who is his:
1. Wife;
2. Former wife; or
3. Against a woman with whom the person has or had
a sexual or dating relationship; or
4. With whom he has a common child, or against her
child whether legitimate or illegitimate, within or
B. Physical Violence acts that include bodily or
physical harm
C. Sexual violence includes, but is not limited to:
1. Rape, sexual harassment, acts of lasciviousness,
treating a woman or her child as a sex object,
making demeaning and sexually suggestive
remarks, physically attacking the sexual parts of
the victim's body, forcing her/him to watch obscene
publications and indecent shows or forcing the
woman or her child to do indecent acts and/or
make films thereof, forcing the wife and
mistress/lover to live in the conjugal home or sleep
together in the same room with the abuser;
2. Acts causing or attempting to cause the victim to
engage in any sexual activity by force, threat of
force, physical or other harm or threat of physical or
other harm or coercion;
3. Prostituting the woman or child.
D. Psychological violence acts or omissions causing
or likely to cause mental or emotional suffering of the
victim such as but not limited to:
1. Intimidation;
2. Harassment;
3. Stalking;
4. Damage to property;
5. Public ridicule or humiliation;
6. Repeated verbal abuse;
7. Mental infidelity;
8.Causing or allowing the victim to witness the
physical, sexual or psychological abuse of a
member of the family to which the victim belongs; or
9. To witness pornography in any form;
10. To witness abusive injury to pets; or
11. Unlawful or unwanted deprivation of the right to
custody and/or visitation of common children.

EXECUTIVE COMMITTEE SUBJECT COMMITTEE MEMBERS

IAN MICHEL GEONANGA overall chairperson, JOSE JANSEN BERNARDO
ANGELO DAVID chairperson for academics, RUTH ABIGAIL subject chair, DANIEL VON
ACERO chairperson for hotel operations, ALBERTO EVAN PANELO assistant
RECALDE, JR. vice-chairperson for operations, MARIA subject chair, CLAUDINE
CARMELA HAUTEA vice-chairperson for secretariat, MARK PALATTAO edp, HYACINTH
EMMANUEL ABILO vice-chairperson for finance, RYAN ALDUESO book 1, JEMIMA
LIGGAYU vice-chairperson for electronic data processing, FERNANDO book 2,
JOMARC PHILIP DIMAPILIS vice-chairperson for logistics MICHELLE MARIE HATOL
special penal laws
Fatima Maria Amansec, Her
Lynn Balares, Roy Daguio,
Jennyllette Dignadice, Edcar
Latauan, Michael Lloren,
Tosca, Leira Mansujeto, Maria
Monica Pamela Mendoza,
Fina Ong, Annie Blaise Arce
Raagas, Toni Faye Tan,
Joseph Christopher Torralba
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E. Economic abuse acts that make or attempt to make
a woman financially dependent which includes, but is
not limited to the following:
1. Withdrawal of financial support or preventing the
victim from engaging in any legitimate profession,
occupation, business or activity, except in cases
wherein the other spouse/ partner objects on valid,
serious and moral grounds as defined in Article 73
of the Family Code;
2. Deprivation or threat of deprivation of the use of
financial resources and the right to the use and
enjoyment of property owned in common;
3. Destroying household property;
4. Controlling the victims own money or properties or
solely controlling the conjugal money or properties.
F. Battery act of inflicting physical harm upon the
woman or her child resulting to the physical and
psychological or emotional distress.
G. Battered Woman Syndrome defined pattern of
psychological and behavioral symptoms found in
women living in battering relationships as a result of
cumulative abuse.
H. Dating relationship situation wherein the parties live
as husband and wife without the benefit of marriage or
are romantically involved over time and on a
continuing basis during the course of the relationship.
Note: A casual acquaintance or ordinary socialization
between two individuals in a business or social context
is not a dating relationship.
I. Sexual relations refers to a single sexual act which
may or may not result in the bearing of a common child.
J. Children refers to those below 18 years of age or
older but are incapable of taking care of themselves as
defined under Republic Act No. 7610. The term
includes the biological children of the victim and other
children under her care.
Acts Punishable (Section 5): (C-TAPA- ICE-C)
The crime of violence against women and their children is
committed through any of the following acts:
1. Causing physical harm to the woman or her child;
2. Threatening to cause the woman or her child physical
harm;
3. Attempting to cause the woman or her child physical
harm;
4. Placing the woman or her child in fear of imminent
physical harm;
5. Attempting to compel or compelling the woman or her
child to engage in conduct which the woman or her
child has the right to desist from or desist from conduct
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which the woman or her child has the right to engage
in, or attempting to restrict or restricting the woman's
or her child's freedom of movement or conduct by
force or threat of force, physical or other harm or threat
of physical or other harm, or intimidation directed
against the woman or child.
This shall include, but not be limited to, the following
acts committed with the purpose or effect of
controlling or restricting the woman's or her child's
movement or conduct:
a.Threatening to deprive or actually depriving the
woman or her child of custody to her/his family;
b.Depriving or threatening to deprive the woman or
her children of financial support legally due her or
her family, or deliberately providing the woman's
children insufficient financial support;
c.Depriving or threatening to deprive the woman or
her child of a legal right;
d.Preventing the woman in engaging in any legitimate
profession, occupation, business or activity or
controlling the victim's own money or properties, or
solely controlling the conjugal or common money,
or properties;
6. Inflicting or threatening to inflict physical harm on
oneself for the purpose of controlling her actions or
decisions;
7. Causing or attempting to cause the woman or her child
to engage in any sexual activity which does not
constitute rape, by force or threat of force, physical
harm, or through intimidation directed against the
woman or her child or her/his immediate family;
8. Engaging in purposeful, knowing, or reckless conduct,
personally or through another that alarms or causes
substantial emotional or psychological distress to the
woman or her child.
This shall include, but not limited to the following acts:
a.Stalking or following the woman or her child in
public or private places;
b.Peering in the window or lingering outside the
residence of the woman or her child;
c.Entering or remaining in the dwelling or on the
property of the woman or her child against her/his
will;
d.Destroying the property and personal belongings or
inflicting harm to animals or pets of the woman or
her child; and
e. Engaging in any form of harassment or violence;
9. Causing mental or emotional anguish, public ridicule or
humiliation to the woman or her child, including, but
not limited to, repeated verbal and emotional abuse,
and denial of financial support or custody of minor
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children of access to the woman's child/children.
Prohibited Defense (Section 27)
Being under the influence of alcohol, any illicit drug, or any
other mind-altering substance shall not be a defense
under this Act.
Venue (Section 7)
The Regional Trial Court designated as a Family Court
shall have original and exclusive jurisdiction over
cases of violence against women and their children under
this law.
In the absence of such court in the place where the
offense was committed, the case shall be filed in the
Regional Trial Court where the crime or any of its
elements was committed at the option of the complainant.
Protection Orders (Section 8)
Issued for the purpose of preventing further acts of
violence against a woman or her child and other
necessary relief.
The relief granted under a protection order serve the
purpose of safeguarding the victim from further harm,
minimizing any disruption in the victim's daily life, and
facilitating the opportunity and ability of the victim to
independently regain control over her life.
Other reliefs granted through a protection order:
1. Prohibition of the respondent from threatening to
commit or committing, personally or through another,
any of the acts mentioned in Section 5 of this Act;
2. Prohibition of the respondent from harassing, annoying,
telephoning, contacting or otherwise communicating
with the petitioner, directly or indirectly;
3. Removal and exclusion of the respondent from the
residence of the petitioner, regardless of ownership of
the residence, either temporarily or permanently where
no property rights are violated.
If respondent must remove personal effects from the
residence, the court shall direct a law enforcement
agent to escort respondent;
4. Directing the respondent to stay away from petitioner
and designated family or household member at a
distance specified by the court, and to stay away from
the residence, school, place of employment, or any
specified place frequented by the petitioner and any
designated family or household member;
5. Directing lawful possession and use by petitioner of an
automobile and other essential personal effects,
regardless of ownership, and directing the appropriate
law enforcement officer to accompany the petitioner to
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the residence of the parties to ensure that the
petitioner is safely restored to the possession of the
automobile and other essential personal effects, or to
supervise the petitioner's or respondent's removal of
personal belongings;
6. Granting a temporary or permanent custody of a
child/children to the petitioner;
7. Directing the respondent to provide support to the
woman and/or her child if entitled to legal support.
Notwithstanding other laws to the contrary, the court
shall order an appropriate percentage of the income or
salary of the respondent to be withheld regularly by the
respondent's employer for the same to be
automatically remitted directly to the woman. Failure to
remit and/or withhold or any delay in the remittance of
support to the woman and/or her child without
justifiable cause shall render the respondent or his
employer liable for indirect contempt of court;
8. Prohibition of the respondent from any use or
possession of any firearm or deadly weapon and order
him to surrender the same to the court for appropriate
disposition by the court, including revocation of license
and disqualification to apply for any license to use or
possess a firearm.
If the offender is a law enforcement agent, the court
shall order the offender to surrender his firearm and
shall direct the appropriate authority to investigate on
the offender and take appropriate action on matter;
9. Restitution for actual damages including, but not limited
to, property damage, medical expenses, childcare
expenses and loss of income;
10.Directing the DSWD or any appropriate agency to
provide petitioners need; and
11. Provision of such other forms of relief as the court
deems necessary, provided petitioner and any
designated family or household member consents to
such relief.
Any of the reliefs provided under this section shall be
granted even in the absence of a decree of legal
separation or annulment or declaration of absolute nullity
of marriage.
Who May File Petition for Protection Orders (Section
9): (O-PAO-PPLA)
1. Offended party;
2. Parents or guardians of the offended party;
3. Ascendants, descendants or collateral relatives within
the fourth civil degree of consanguinity or affinity;
4. Officers or social workers of the DSWD or social
workers of LGUs;
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5. Police officers, preferably those in charge of women
and childrens desk;
6. Punong Barangay or Barangay Kagawad;
7. Lawyer, counselor, therapist or healthcare provider of
the petitioner;
8. At least 2 concerned responsible citizens of the city or
municipality where the violence against women and
their children occurred and who has personal
knowledge of the offense committed.
If the applicant is not the victim, the application must be
accompanied by an affidavit of the applicant attesting to:
a. The circumstances of the abuse suffered by the victim;
and
b. The circumstances of consent given by the victim for
the filing of the application.
When disclosure of the address of the victim will pose
danger to her life, it shall be so stated in the application. In
such case, the applicant shall:
a. Attest that the victim is residing in the municipality or
city over which court has territorial jurisdiction; and
b. Shall provide a mailing address for the purpose of
service processing. (Section 11)
Kinds of Protection Order:
1. Barangay Protection Order (BPO) (Section 14)
issued by a punong barangay to the applicant on the
date of filing after ex parte determination of the basis
of the application.
In the absence of punong barangay, any available
barangay kagawad may act on the application. In such
case, the order must be accompanied by an attestation
that the punong barangay was unavailable at the time
of the issuance of the BPO.
BPOs shall be effective for 15 days.
The parties may be accompanied by a non-lawyer
advocate in any proceeding before the punong
barangay.
2. Temporary Protection Order (TPO) (Section 15)
issued by a court of competent jurisdiction after ex
parte determination that such should be issued.
Effective for 30 days.
The said court shall schedule a hearing on the
issuance of PPO prior to the date of the expiration of
the TPO.
3. Permanent Protection Order (PPO) (Section 16)
issued by the court after notice and hearing.
4
Respondents non-appearance despite proper notice,
or his lack of lawyer, shall NOT be a ground for
rescheduling the hearing on the merits of the issuance
of PPO.
If despite proper notice, respondent fails to appear: the
court shall allow ex parte presentation of evidence by
the applicant.
If respondent appears without counsel: the court shall
appoint a lawyer for the respondent and proceed with
the hearing.
General Rule: The hearing for the issuance of the PPO
shall only be conducted in only one day.
Where the court is unable to conduct the hearing within
one day and the TPO is due to expire, the court shall
continuously extend the TPO for a period of 30 days at
each particular time until final judgment is issued.
The extended or renewed TPO may be modified by the
court as may be necessary or applicable to address the
needs of the applicant.
Effectivity of PPO:
PPO shall be effective until revoked by the court upon
application of the person in whose favor it was issued.
The court shall not deny the issuance of protection order
on the basis of the lapse of time between the act of
violence and the filing of the application.
Regardless of the conviction or acquittal of the
respondent, the Court must determine whether or not the
PPO shall become final. Even in a dismissal, a PPO shall
be granted as long as there is no clear showing that the
act from which the order might arise did not exist.
General Rule: TPO and PPO are filed in the family court
at the place of residence of the petitioner (Section 10).
Exception: In the absence of a family court, with the
RTC, MeTC, MTC or MCTC with territorial jurisdiction over
the place of residence of the petitioner.
The issuance of a BPO or the pendency of an application
for BPO shall not preclude a petitioner from applying for,
or the court from granting a TPO or PPO.
An application for protection order filed with a court shall
be considered an application for both TPO and PPO.
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Applicability of Protection Orders to Criminal Cases
(Section 22)
The provisions on protection orders shall be applicable in
impliedly instituted with the criminal actions involving
violence against women and their children.
Prescriptive Period (Section 24)
The following acts prescribe in 20 years: (C-TAPAI)
1. Causing physical harm to the woman or her child;
2. Threatening to cause the woman or her child physical
harm;
3. Attempting to cause the woman or her child physical
harm;
4. Placing the woman or her child in fear of imminent
physical harm;
5. Attempting to compel or compelling the woman or her
child to engage in conduct which the woman or her child
has the right to desist from or desist from conduct which
the woman or her child has the right to engage in, or
attempting to restrict or restricting the woman's or her
child's freedom of movement or conduct by force or
threat of force, physical or other harm or threat of
physical or other harm, or intimidation directed against
the woman or child.
6. Inflicting or threatening to inflict physical harm on
oneself for the purpose of controlling her actions or
decisions;
The following acts prescribe in 10 years: (CEC)
1. Causing or attempting to cause the woman or her child
to engage in any sexual activity which does not
constitute rape, by force or threat of force, physical
harm, or through intimidation directed against the
woman or her child or her/his immediate family;
2. Engaging in purposeful, knowing, or reckless conduct,
personally or through another that alarms or causes
substantial emotional or psychological distress to the
woman or her child.
3. Causing mental or emotional anguish, public ridicule or
humiliation to the woman or her child, including, but not
limited to, repeated verbal and emotional abuse, and
denial of financial support or custody of minor children
of access to the woman's child/children.
Violence against Women and their Children as a
Public Crime (Section 25)
Such violence are considered a public offense which may
be prosecuted upon the filing of a complaint by any citizen
having personal knowledge of the circumstances involving
the commission of the crime.
Battered Woman Syndrome as a Defense (Section 26)
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Those who are found by the courts to be suffering from
Battered Woman Syndrome do not incur any criminal and
civil liability notwithstanding the absence of any of the
elements for justifying circumstances of self-defense
under the RPC.
The courts shall be assisted by expert psychiatrists/
psychologists in determining the state of mind of the
woman suffering from Battered Woman Syndrome at the
time of the commission of the crime.
Custody of children, given to the woman victim
(Section 28)
The woman victim of violence shall be entitled to the
custody and support of her child/children. Children below
seven (7) years old older but with mental or physical
disabilities shall automatically be given to the mother, with
right to support, unless the court finds compelling reasons
to order otherwise.
A victim who is suffering from Battered Woman Syndrome
shall not be disqualified from having custody of her
children. In no case shall custody of minor children be
given to the perpetrator of a woman who is suffering from
Battered Woman Syndrome.
Persons Intervening Exempt from Liability (Section
34)
In every case of violence against women and their
children, any person, police authority or barangay official
shall not be liable for any criminal, civil or administrative
liability resulting therefrom provided that such person,
police authority or official:
1. Was acting in accordance with law;
2. Responds or intervenes; or
3. Without using violence or restraint greater than
necessary to ensure the safety of the victim.
Any victim under this act shall be entitled to the
following damages (Section 36) (MAC)
1. Moral
2. Actual
3. Compensatory
Cases Exempt from Payment of Docket fees and other
Expenses (Section 38)
1. Victim is indigent, or
2. There is an immediate necessity due to imminent
danger to act on an application for protection order.
Entitlement of Woman Victims to Work Leave (Section
43)
Woman victims shall be entitled to take a paid leave of
absence up to ten (10) days in addition to other paid
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leaves under the Labor Code and Civil Service Rules and
Regulations, extendible when the necessity arises as
specified in the protection order.
Confidentiality of Records in VAWC Cases (Section
44)
All records pertaining to cases of violence against women
and their children including those in the barangay shall be
confidential and all public officers and employees and
public or private clinics to hospitals shall respect the right
to privacy of the victim.
Suppletory Application of RPC to VAWC (Section 47)
RPC and other applicable laws shall have suppletory
application.
REPUBLIC ACT NO. 7610
SPECIAL PROTECTION OF CHILDREN
AGAINST CHILD ABUSE,
EXPLOITATION AND DISCRIMINATION
(AS AMENDED)
Approved: June 17, 1992
Definition of Terms (Section 3)
Child abuse
It is the maltreatment, whether habitual or not, of the child
which includes any of the following:
1. Psychological and physical abuse, neglect, cruelty,
sexual abuse and emotional maltreatment;
2. Any act by deeds or words which debases, degrades or
demeans the intrinsic worth and dignity of a child as a
human being;
3. Unreasonable deprivation of his basic needs for
survival, such as food and shelter; or
4. Failure to immediately give medical treatment to an
injured child resulting in serious impairment of his
growth and development or in his permanent
incapacity or death.
Circumstances which gravely threaten or endanger
the survival and normal development of children"
These include, but are not limited to, the following;
1. Being in a community where there is armed conflict or
being affected by armed conflict-related activities;
2. Working under conditions hazardous to life, safety and
normal which unduly interfere with their normal
development;
3. Living in or fending for themselves in the streets of
urban or rural areas without the care of parents or a
6
guardian or basic services needed for a good quality of
life;
4. Being a member of a indigenous cultural community
and/or living under conditions of extreme poverty or in
an area which is underdeveloped and/or lacks or has
inadequate access to basic services needed for a
good quality of life;
5. Being a victim of a man-made or natural disaster or
calamity; or
6. Other analogous circumstances which endanger the
life, safety or normal development of children.
Acts Punishable
1. Child prostitution and other sexual abuse Section 5
(See Art. 340 under Book Two)
Note: Under Section 6, there is an attempt to commit
child prostitution.
2. Child trafficking
Note: Under Section 8, there is an attempt to commit
child trafficking,
3. Engagement of children in obscene publications and
indecent shows
4. Engagement of children in the worst forms of child labor
(Section 12-D)
5. Employment of children as model in advertisement
directly or indirectly promoting alcoholic beverages,
intoxicating drinks, tobacco and its byproducts,
gambling or any form of violence or pornography
(Section 14)
6. Discrimination of children of indigenous cultural
communities (Section 20)
7. Other Acts of Neglect, Abuse, Cruelty or Exploitation
and Other Conditions Prejudicial to the Child's
Development (Section 10)
Children Exploited in Prostitution and Other Sexual
Abuse (Section 5)
Children, whether male or female, who for money, profit or
any other consideration or due to the coercion or influence
of any adult, syndicate or group, indulge in sexual
intercourse or lascivious conduct.
Persons Liable:
1. Those who engage in or promote, facilitate or induce
child prostitution which include, but are not limited to,
the following:
a. Acting as a procurer of a child prostitute
b. Inducing a person to be a client of a child prostitute
by means of written or oral advertisements or other
similar means
c. Taking advantage of influence or relationship to
procure a child as a prostitute
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d. Threatening or using violence towards a child to
engage him as a prostitute.
e. Giving monetary consideration, goods or other
pecuniary benefit to a child with the intent to
engage such child in prostitution;
2. Those who commit the act of sexual intercourse or
lascivious conduct with a child exploited in prostitution
or subjected to other sexual abuse;
3. Those who derive profit on advantage therefrom,
whether as manager or owner of the establishment
where the prostitution takes place or of the sauna,
disco, bar, resort, place of entertainment or
establishment serving as a cover or which engages in
prostitution in addition to activity for which the license
has been issued to said establishment.
Attempt to Commit Child Prostitution (Section 6)
Persons Liable:
1. Any person, who not being a relative of a child, is found
alone with the said child inside the room or cubicle of a
house, an inn, hotel, motel, pension house, apartelle or
other similar establishments, vessel, vehicle or any
other hidden or secluded area under circumstances
which would lead a reasonable person to believe that
the child is about to be exploited in prostitution and
other sexual abuse;
2. Any person is receiving services from a child in a sauna
parlor or bath, massage clinic, health club and other
similar establishments.
Child Trafficking (Section 7)
Any person who shall engage in trading and dealing with
children including, but not limited to, the act of buying and
selling of a child for money, or for any other consideration,
or barter.
Attempt to Commit Child Trafficking (Section 8) -
There is an attempt to commit child trafficking:
1. When a child travels alone to a foreign country without
valid reason therefor and without clearance issued by
the Department of Social Welfare and Development or
written permit or justification from the child's parents or
legal guardian;
2. When a person, agency, establishment or child-caring
institution recruits women or couples to bear children
for the purpose of child trafficking; or
3. When a doctor, hospital or clinic official or employee,
nurse, midwife, local civil registrar or any other person
simulates birth for the purpose of child trafficking; or
4. When a person engages in the act of finding children
among low-income families, hospitals, clinics,
nurseries, day-care centers, or other child-during
institutions who can be offered for the purpose of child
trafficking.
7
Obscene Publications and Indecent Shows
(Section 9) Any person who shall hire, employ, use,
persuade, induce or coerce a child to perform in obscene
exhibitions and indecent shows, whether live or in video,
or model in obscene publications or pornographic
materials or to sell or distribute the said materials.
Other Acts of Abuse (Section 10)
1. Any person who shall commit any other acts of child
abuse, cruelty or exploitation or to be responsible for
other conditions prejudicial to the child's development.
2. Any person who shall keep or have in his company a
minor, twelve (12) years or under or who in ten (10)
years or more his junior in any public or private place,
hotel, motel, beer joint, discotheque, cabaret, pension
house, sauna or massage parlor, beach and/or other
tourist resort or similar.
Provided, that this provision shall not apply to any
person who is related within the fourth degree of
consanguinity or affinity or any bond recognized by
law, local custom and tradition or acts in the
performance of a social, moral or legal duty.
3. Any person who shall induce, deliver or offer a minor to
any one prohibited by this Act to keep or have in his
company a minor as provided in the preceding
paragraph.
4. Any person, owner, manager or one entrusted with the
operation of any public or private place of
accommodation, whether for occupancy, food, drink or
otherwise, including residential places, who allows any
person to take along with him to such place or places
any minor herein described.
5. Any person who shall use, coerce, force or intimidate a
street child or any other child to:
a. Beg or use begging as a means of living;
b. Act as conduit or middlemen in drug trafficking or
pushing; or
c. Conduct any illegal activities.
Sanctions for Establishments or Enterprises (Section
11)
1. All establishments and enterprises which promote or
facilitate child prostitution and other sexual abuse,
child trafficking, obscene publications and indecent
shows, and other acts of abuse shall be immediately
closed and their authority or license to operate
cancelled, without prejudice to the owner or manager
thereof being prosecuted under this Act and/or the
Revised Penal Code, as amended, or special laws.
2. An establishment shall be deemed to promote or
facilitate child prostitution and other sexual abuse,
child trafficking, obscene publications and indecent
shows, and other acts of abuse if the acts constituting
the same occur in the premises of said establishment
under this Act or in violation of the Revised Penal
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Code, as amended. An enterprise such as a sauna,
travel agency, or recruitment agency which: promotes
the aforementioned acts as part of a tour for foreign
tourists; exhibits children in a lewd or indecent show;
provides child masseurs for adults of the same or
opposite sex and said services include any lascivious
conduct with the customers; or solicits children or
activities constituting the aforementioned acts shall be
deemed to have committed the acts penalized herein.
Employment of Children (Section 12) - Children below
15 years of age shall not be employed except:
1. Child works directly under the sole responsibility of
his/her parents or legal guardian and where only
members of his/her family are employed: provided,
however, that his/her employment neither endangers
his/her life, safety, health and morals, nor impairs
his/her normal development: provided further that the
parent or legal guardian shall provide the said minor
child with the prescribed primary and/or secondary
education.
2. Childs employment or participation in public
entertainment or information through cinema, theater,
radio or television is essential: provided that
employment contract is concluded by the childs
parents or legal guardian, with the express agreement
of the child concerned, if possible, and the approval of
the Department of Labor and Employment: provided
further that the following requirements in all instances
are strictly complied with: (PMP)
a. Employer shall ensure the protection, health, safety,
morals and normal development of the child;
b. Employer institute measures to prevent the childs
exploitation or discrimination taking into account
system and level of remuneration and the duration
and arrangement of working time;
c. Employer shall formulate and implement, subject to
the approval and supervision of competent
authorities, a continuing program for training and
skills acquisition of the child.
General Rule: No child below 15 shall be employed.
Exceptions:
a. When a child works directly under the sole
responsibility of his parents or legal guardian and
where only members of the employer's family,
provided that
i. Employment does not endanger childs life, safety
and health and morals, nor impairs his normal
development;
ii. Parent or legal guardian shall provide the said minor
child with the prescribed primary and/or secondary
education;
8
b. When a child's employment or participation in public &
entertainment or information through cinema, theater,
radio or television is essential provided that
i. Employment contract concluded by the child's parent
or guardian, with the express agreement of the child
concerned, if possible, and the approval of the
DOLE and the following requisites are met:
ii. the employer shall ensure the protection, health,
safety and morals of the child;
iii. the employer shall institute measures to prevent the
child's exploitation or discrimination taking into
account the system and level of remuneration, and
the duration and arrangement of working time; and
iv. the employer shall formulate and implement, subject
to the approval and supervision of competent
authorities, a continuing program for training and
skill acquisition of the child.
v.Employment does not involve commercials or
advertisements promoting alcoholic beverages,
intoxicating drinks, tobacco and its byproducts and
violence (Section 14).
Hours of Work of a Working Child (Section 12-A)
Age Provision
Below 15 May be allowed to work for not more
years of than 20 hours a week: provided that
age the work shall not be more than 4
hours at any given day
Not allowed to work between 8:00
PM and 6:00 AM of the following day
15 years of Not allowed to work for more than 8
age but hours a day and in no case beyond
below 18 40 hours a week
Not allowed to work between 10:00
PM and 6:00 AM the following day
Worst Forms of Child Labor (Section 12-D) (SHIP)
1. All forms of slavery or practices similar to slavery;
2. Use, procuring or offering of a child for prostitution, for
the production of pornography or for pornographic
performances;
3. Use, procuring or offering of a child for illegal or illicit
activities;
4. Work which, by its nature or circumstances in which it is
carried out, is hazardous or likely to be harmful to the
health, safety or morals of children, such that it:
a. Debases, degrades or demeans the intrinsic worth
and dignity of a child as a human being; or
b. Exposes the child to physical, emotional or sexual
abuse, or is found to be highly stressful
psychologically or may prejudice morals; or
c.Performed underground, underwater or at dangerous
heights; or
 San Beda College of Law
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d.Involves the use of dangerous machinery, equipment widespread and extraordinary fear and panic among
and tools; or the populace;
e. Exposes the child to physical danger or which 2. The act was committed in order to coerce the
requires the manual transport of heavy loads; or government to give in to an unlawful demand.
f. Performed in an unhealthy environment exposing the
child to hazardous working conditions, elements, Note: The benefit of Parole under the Indeterminate
substances, co-agents or processes involving Sentence Law (Act. No. 4103) is not applicable to
ionizing, radiation, fire, flammable substances, persons convicted under this Act.
noxious components and the like, or to extreme
temperatures, noise levels or vibrations; or Who may be liable:
g. Performed under particularly difficult conditions; or Description Penalty
h. Exposes the child to biological agents; or Conspirator Two or more 40 years
i. Involves the manufacture or handling of explosives (Section 4) persons come imprisonment
and other pyrotechnic products. to an
agreement
REPUBLIC ACT NO. 9372 concerning the
commission of
HUMAN SECURITY ACT OF 2007 the crime of
terrorism and
AN ACT TO SECURE AND PROTECT OUR PEOPLE decide to
FROM TERRORISM commit the
same.
Approved: March 9, 2007 Accomplice Any person 17 years, 4
(Section 5) who, not being months, 1 day
The crime of terrorism is committed by any person who a principal or a to 20 years
engages in any of the following acts punishable under conspirator, imprisonment
RPC and other special laws: cooperates in
the execution of
Under the RPC (PRC-MaKaDa) either the crime
1. Piracy in general and Mutiny in the high seas or in the of terrorism or
Philippine waters (Art. 122); conspiracy to
2. Rebellion or Insurrection (Art. 134); commit
3. Coup detat including acts committed by private terrorism by
persons (Art. 134-a); previous or
4. Murder (Art. 248); simultaneous
5. Kidnapping and Serious Illegal Detention (Art. 267); acts.
6. Crimes involving destruction (Art. 324). Accessory Any person 10 years and 1
(Section 6) who, having day to 12 years
knowledge of imprisonment
Under Special Laws (ATAHAF) the commission
1. Arson (PD No. 1613); of the crime of
2. Toxic substances and Hazardous and Nuclear Waste terrorism or
Control Act of 1990 (RA No. 6969); conspiracy to
3. Atomic Energy Regulatory and Liability Act of 1968 (RA commit
No. 5207); terrorism, and
4. Anti-Hijacking Law (RA No. 6235); without having
5. Anti-Piracy and Anti-Highway Robbery Law of 1974 participated
(PD No. 532); therein, takes
6. Decree Codifying the Laws on Illegal and Unlawful part subsequent
Possession, Manufacture, Dealing in, Acquisition or to its
Disposition of Firearms, Ammunitions or Explosives commission in
(PD No. 1866). any of the
following
PROVIDED that the following requisites are present: manner:
1. The act committed sows and creates a condition of

9
 San Beda College of Law
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a. Profiting 2. The applicant must have been duly authorized in writing

himself or by the Anti-Terrorism Council;
assisting the 3. Examination under oath or affirmation of the applicant
offender to and the witnesses he may produce to establish that:
profit by the (CEN)
effects of the a.There is probable cause to believe based on
crime; personal knowledge of facts that the said crime of
b. Concealing terrorism or conspiracy to commit terrorism has
or destroying been committed, is being committed or is about to
the body of be committed;
the crime or b.There is probable cause to believe based on
the effects or personal knowledge of facts that evidence, which is
instruments essential to the conviction of any charged or
thereof in suspected person, will be obtained;
order to c. There is no other effective means for acquiring such
prevent its evidence.
discovery;
c. Harboring, Classified Information (Section 9)
concealing 1. Written order granted by the authorizing division of the
or assisting CA;
in the 2. Order by CA to extend No.1;
escape of 3. Original application of the applicant;
the principal 4. Application to renew No. 3;
or 5. Written authorizations of Anti-Terrorism Council.
conspirator.
Provided, the person being surveilled or whose
Note: The provisions of Articles 18 on accomplices and communications have been monitored, listened to,
19 on accessories of the RPC do not apply since the bugged or recorded, has the right to be informed of the
penalty of nomenclature in the Act is not the same as that acts done by the law enforcement authorities and to
of the RPC. challenge the legality of the interference before the CA
which issued the order.
Surveillance and Interception of Communication
(Section 7) The judicial authorization shall be effective for the length
of time specified in the written order of the authorizing
General Rule: Notwithstanding RA No. 4200 (Anti-Wire division of the CA, which shall not exceed 30 days from
Tapping Law), a police or law enforcement official and the receipt of the order by the applicant (Section 10).
members of his team may, upon written order of the Court
of Appeals, listen to, intercept and record any The authorizing division of the CA may extend or renew
communication between members of a judicially declared the said authorization for another non-extendible period,
and outlawed terrorist organization or group of persons or which shall not exceed 30 days from the expiration of the
of any person charged with or suspected of the crime of original period, PROVIDED THAT:
terrorism or conspiracy to commit terrorism. 1. The authorizing division of the CA is satisfied that such
extension is in the public interest;
Exception: Communications between: 2. The ex parte application for extension or renewal is filed
1. Lawyers and clients; by the original applicant and has been duly authorized
2. Doctors and patients; in writing by the Anti-Terrorism Council.
3. Journalists and their sources;
4. Confidential business correspondence. In case of death or disability of the original applicant:
the application for extension shall be filed by the one next
Requisites for Formal Application for Judicial in rank to the original applicant among the members of his
Authorization to Intercept and Record team.
Communication: (Section 8)
1. There must be an ex parte application by the police or The applicant shall have 30 days after the termination of
law enforcement official; the period granted by CA within which to file the
appropriate case before the Public Prosecutors Office.

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 San Beda College of Law
2010 Centralized Bar Operations
If no case is filed within the 30-day period, the applicant
shall notify the person subject of the surveillance of the
termination of such surveillance or recording.
Custody of Intercepted and Recorded Information
(Section 11)
All tapes, discs and recordings made pursuant to the
authorization of the CA (including excerpts, summaries
and written notes made in connection therewith) shall be
deposited in a sealed envelope or package accompanied
by a joint affidavit of the applicant police officer or law
enforcement officials and the members of his team, with
the authorizing CA division within 48 hours after the
expiration of the order.
It is unlawful for any person, police officer or any
custodian of the tapes, discs and recording, and their
excerpts and summaries, written notes or memoranda to
copy in whatever form, to remove, delete, expunge,
incinerate, shred or destroy in any manner the items
enumerated above in whole or in part under any pretext
whatsoever.
Disposition of Deposited Materials (Section 13)
The sealed envelope or package and the contents thereof
shall be deemed classified information and the same shall
not be opened and its contents shall not be divulged or
used as evidence UNLESS authorized by written order of
the authorizing CA division.
The said written order shall be granted upon:
1. A written application of DOJ filed before the authorizing
division of CA;
2. A showing that the DOJ has been duly authorized in
writing by the Anti-Terrorism Council to file such
application;
3. Proper notice to the person whose communication has
been subjected to surveillance that the sealed
envelope or package shall be opened.
The written application shall clearly state the purpose
or reason:
i. for opening the sealed envelope;
ii. for revealing or disclosing its classified contents;
iii. for replaying, divulging, and or reading any of the
listened to, intercepted, and recorded
communications, etc.;
iv. for using any of the said listened to, intercepted and
recorded communications as evidence (Section 14)
Evidentiary Value of Deposited Materials (Section 15)
Any listened to, intercepted, and recorded
communications, or any information or fact contained
therein, including their existence, content, substance,
11
purport, effect, or meaning, which have been secured in
violation of the pertinent provisions of this Act, shall
absolutely not be admissible and usable as evidence
against anybody in any judicial, quasi-judicial, legislative,
or administrative investigation, inquiry, proceeding, or
hearing.
Proscription of Terrorist Organizations, Association or
Group of Persons (Section 17)
Any organization, association or group of persons
1. Organized for the purpose of engaging in terrorism; or
2. Although not organized for that purpose, actually uses
the acts to terrorize or to sow and create a condition of
widespread and extraordinary fear and panic among
the populace in order to coerce the government to give
in to unlawful demand shall, upon application by DOJ
before a competent RTC, with due notice and
opportunity to be heard given to the said group, be
declared as a terrorist and outlawed organization,
association, or group of persons by the said RTC.
Note: An association of terrorists is not an illegal
association defined under the RPC.
Illegal associations (Article 147, RPC)
These are associations totally or partially organized for the
purpose of committing any of the crimes punishable under
this Code or for some purpose contrary to public morals.
Period of Detention Without Judicial Warrant of Arrest
(Section 18)
General Rule: Notwithstanding Art. 125 of RPC, any
police or law enforcement personnel who has taken
custody of a person charged or suspected of the crime of
terrorism or conspiracy to commit terrorism shall deliver
said charged person to the proper judicial authority within
3 days counted from the moment of arrest.
Note: Anti-terrorism law amended Art. 125 of the RPC
insofar as terrorism and conspiracy to commit terrorism
are concerned.
Delay in the delivery of detained persons to the
proper judicial authorities (Article 125, RPC)
The penalties provided in the next preceding article shall
be imposed upon the public officer or employee who shall
detain any person for some legal ground and shall fail to
deliver such person to the proper judicial authorities within
the period of; 12 hours for crimes or offenses punishable
by light penalties, or their equivalent; 18 hours for crimes
or offenses punishable by correctional penalties, or their
 San Beda College of Law
2010 Centralized Bar Operations
equivalent and 36 hours for crimes, or offenses
punishable by afflictive or capital penalties, or their
equivalent.
Exception (Section 19): In the event of actual or
imminent terrorist attack, suspects may be detained for
more than 3 days upon written approval of:
1. Municipal, city, provincial or regional official of Human
Rights Commission;
2. Judge of MTC, RTC or Sandiganbayan; or
3. Justice of CA nearest the place of arrest. The written
approval must be procured within 5 days after the date
of detention.
Provided that within 3 days after detention, suspects
whose connection with the terror attack or threat is not
established, shall be released immediately.
If the arrest is made during Saturdays, Sundays,
Holidays or after office hours, the police or law
enforcement personnel shall bring the arrested person
to the residence of any of the officials mentioned
above that is nearest the place where the accused
was arrested.
Special Cases
Where the arrest resulted from:
1. Surveillance or interception of communication; OR
2. Examination of bank deposits.
Before detaining the person suspected of the crime of
terrorism or conspiracy to commit terrorism, the arresting
officer shall present him/her before any judge at the
latters residence or office nearest the place where the
arrest took place at any time of the day or night. The
following shall be the duties of the judge in such case:
1. Ascertain the identity of the police or law enforcement
personnel and the person arrested;
2. Inquire on the reason for the arrest;
3. Determine whether or not the person arrested has been
subjected to any physical, moral or psychological
torture, by whom and why;
4. Submit a written report of his/her observations within 3
calendar days from the time the suspect was brought
before him.
Failure to Deliver Suspect to Proper Judicial Authority
(Section 20)
The penalty of 10 years and 1 day to 12 years or
imprisonment shall be imposed upon any police or law
enforcement personnel who has apprehended or arrested,
detained and taken custody of a person charged with or
suspected of the crime of terrorism or conspiracy to
commit terrorism and fails to deliver such charged or
suspected person to the proper judicial authority within the
period of 3 days.
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Rights of a Person under Custodial Detention
(Section 21)
1.Right to be informed of the nature and cause of his
arrest;
2. Right to remain silent;
3.Right to have competent and independent counsel
preferably of his choice.
If the person cannot afford the services of counsel of his
choice, the police or law enforcement officers
concerned shall immediately contact the free legal
assistance unit of the IBP or PAO;
4. Right to be informed of the cause of his detention in the
presence of his legal counsel;
5. Allowed to communicate freely with his counsel;
6. Allowed to communicate freely and privately with the
members of his family or with his nearest relatives and
to be visited by them;
7. Allowed freely to avail of the service of a physician of
choice.
Restriction on Travel (Section 26)
Requisites
1. Evidence of guilt is not strong;
2. Person charged with the crime of terrorism or
conspiracy to commit terrorism is entitled to bail and is
granted the same;
3. Application by the prosecutor to the court to limit the
right of travel of the accused.
Limitation to the right of travel of the accused
1. Within the municipality or city where he resides or
where the case is pending: travel outside of said
municipality or city, without the authorization of the
court, shall be deemed a violation of the terms and
conditions of his bail, which shall be then forfeited as
provided under the rules of court.
2. House arrest at the usual place of residence of the
accused: accused may not use telephones,
cellphones, e-mails, computers, the internet or other
means of communications with people outside the
residence until otherwise ordered by the court.
Modes of termination of restrictions
1. Upon the acquittal of the accused;
2. Dismissal of the case filed against the accused;
3. Upon the discretion of the court on motion of the
prosecutor or of the accused.
Examination of Bank Deposits, Accounts and Records
(Section 27)
Notwithstanding RA No. 1405 (Bank Secrecy Law) as
amended, judicial authorization to examine bank deposits,
 San Beda College of Law
2010 Centralized Bar Operations
accounts and records may be procured from the justices
of CA designated to handle anti-terrorism cases after
satisfying themselves of the existence of probable cause
in hearing for that purpose that:
1. A person charged with or suspected of the crime of
terrorism or, conspiracy to commit terrorism;
2. Of a judicially declared and outlawed terrorist
organization, association, or group of persons; and
3. Of a member of such judicially declared and outlawed
organization, association, or group of persons, may
authorize in writing any police or law enforcement
officer and the members of his/her team duly
authorized in writing by the anti-terrorism council to:
a. Examine, or cause the examination of, the deposits,
placements, trust accounts, assets and records in a
bank or financial institution; and
b. Gather or cause the gathering of any relevant
information about such deposits, placements, trust
accounts, assets, and records from a bank or
financial institution.
Note: The bank or financial institution concerned, shall
not refuse to allow such examination or to provide the
desired information, when so, ordered by and served with
the written order of the Court of Appeals.
Requisites for application to examine bank deposits
(Section 28):
1. Ex parte application to the CA by the police or law
enforcement official;
2. The police or law enforcement official must be
authorized in writing by the Anti-Terrorism Council to
file such application;
3. Examination under oath or affirmation of the applicant
and the witnesses he may produce to establish the
facts that will justify the need and urgency of
examining and freezing the bank deposits,
placements, trust accounts, assets and records.
Effective period of court authorization to examine and
obtain information on bank deposits, accounts and
records (Section 30) time specified in the written order,
which shall not exceed 30 days from the date of the
receipt of the written order by the applicant police.
It may be extended for another period which shall not
exceed 30 days from the expiration of the original period,
provided:
1. The authorizing division of the CA is satisfied that such
extension is in the public interest;
2.The application for extension or renewal must have
been authorized in writing by the Anti-Terrorism Council;
3. Such must be filed by the original applicant.
13
In case of death or disability of the original applicant
the one next in rank to the original applicant among the
members of his team shall file the application for
extension.
The applicant shall have 30 days after the termination of
the period granted by the CA within which to file the
appropriate case before the Public Prosecutors Office for
any violation of this Act.
If no case is filed within the said period, the applicant shall
immediately notify in writing the person subject of bank
examination and freezing of accounts.
Custody of Bank Data and Information (Section 31)
All information, summaries and other documents obtained
from the examination of bank deposits shall within 48
hours after the expiration of the period fixed in the written
order be deposited with the authorizing division of CA in a
sealed envelope or package and shall be accompanied by
a joint affidavit of the applicant police or law enforcement
official and the persons who actually conducted the
examination of said bank deposits, placements, trust
accounts, assets and records.
Disposition of Bank Materials (Section 33)
The sealed envelope or package shall not be opened and
its contents shall not be used as evidence unless
authorized in a written order of the authorizing division of
CA.
Requisites in applying for judicial authorization to
open the sealed envelope containing records of bank
account:
1. Written application of DOJ filed before the authorizing
division of CA;
2. Authorization in writing by the Anti-terrorism Council to
file such application;
3. Notice in writing to the party concerned not later than 3
days before the scheduled opening;
4. The application and notice must clearly state the reason
for opening or using the information.
Evidentiary Value of Deposited Bank Materials
(Section 35)
Any information secured in violation of this act shall not be
admissible as evidence in any judicial, quasi-judicial,
legislative, or administrative investigation, inquiry,
proceeding, or hearing.
Seizure and Sequestration (Section 39)
The said accounts shall be seized, sequestered, and
frozen in order to prevent their use or transfer for
purposes that are inimical to the safety and security of the
people or injurious to the state.
 San Beda College of Law
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Note: The accused may withdraw such sums as may be
reasonably needed by the monthly needs of his family
including the services of his counsel upon approval of the
court.
The accused may also use any of his property that is
under seizure or sequestration or frozen because of his or
her indictment as a terrorist upon permission of the court
for any legitimate reason.
If the person suspected of or charged with the crime of
terrorism or conspiracy to commit terrorism is found, after
his investigation, to be innocent by the investigating body,
or is acquitted, after his arraignment or his case is
dismissed before his arraignment by a competent court
(Section 41).
Effects:
1. The seizure, sequestration and freezing of his bank
deposits, placements, trust accounts, assets and
records shall forthwith be deemed lifted by the
investigating body or by the competent court, as the
case may be, and
2. His bank deposits, placements, trust accounts, assets
and records shall be deemed released from such
seizure, sequestration and freezing, and shall be
restored to him without any delay by the bank or
financial institution concerned without any further
action on his part.
The filing of any appeal on motion for reconsideration
shall not state the release of said funds from seizure,
sequestration and freezing.
If the person charged with the crime of terrorism or
conspiracy to commit terrorism is convicted by a final
judgment of a competent trial court, his seized,
sequestered and frozen bank deposits, placements, trust
accounts, assets and records shall be automatically
forfeited in favor of the government.
Infidelity in the Custody of Detained Persons (Section
44)
Infidelity
It is committed when any public officer who has direct
custody of a detained person and who by his deliberate
act, misconduct or inexcusable negligence causes or
allows the escape of such detained person.
Penalties
1. If the detained person has already been convicted and
sentenced in a final judgment: imprisonment for 12
years and 1 day to 20 years.
14
2. If the detained person has not been convicted and
sentenced in a final judgment: imprisonment for 6
years and 1 day to 12 years.
The acquittal of the accused or the dismissal of the case
shall be a bar to another prosecution for any offense or
felony which is necessarily included in the offense
charged under this Act (Section 49).
Requisites:
1. There must be a valid complaint or information or other
formal charge sufficient in form and substance to
sustain conviction; and
2. The accused had pleaded to the charge.
Upon acquittal, any person accused of terrorism shall be
entitled to the payment of damages in the amount of
P500,000.00 for every day that he has been detained
without warrant (Section 50).
The provisions of Book 1 of the RPC shall be applicable to
this act (Section 52).
Extra-territorial Application of This Act (Section 58)
Subject to the provision of an existing treaty of which the
Philippines is a signatory and to any contrary provision of
any law of preferential application, the provisions of this
act shall apply:
1. To individual persons who commit any of the crimes
defined and punished under this act within the
terrestrial domain, interior waters, maritime zone, and
airspace of the Philippines;
2. To those who, although physically outside the territorial
limits of the Philippines, commit, conspire or plot to
commit any of the crimes defined and punished in this
act inside the territorial limits of the Philippines;
3. To those who, although physically outside the territorial
limits of the Philippines, commit any of the said crimes
on board Philippine ship or airship;
4. To those who commit any of the said crimes within any
embassy, consulate or diplomatic premises belonging
to or occupied by the Philippine Government in an
official capacity;
5. To those who, although physically outside the territorial
limits of the Philippines, commit said crimes against
Philippine citizens or persons of Philippine descent,
where their citizenship or ethnicity was a factor in the
commission of the crime;
6. To those who, although physically outside the territorial
limits of the Philippines, commit said crimes directly
against the Philippine Government.
Note: The provisions of this Act shall be automatically
suspended 1 month before and 2 months after the holding
of any election (Section 62).
 San Beda College of Law
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PRESIDENTIAL DECREE NO. 1866,
AS AMENDED BY RA 8294
Codifying the Laws on Illegal/Unlawful Possession,
Manufacture, Dealing in, Acquisition or Disposition, of
Firearms, Ammunition or Explosives or Instruments
Used in the Manufacture of Firearms, Ammunition or
Explosives, and Imposing Stiffer Penalties for Certain
Violations Thereof and for Relevant Purposes
Approved: June 29, 1983
Acts Punishable
1. Unlawful manufacture, sale, acquisition, disposition or
possession of firearms or ammunition or instruments
used or intended to be used in the manufacture of
firearms of ammunition (Section 1).
The possession of any machinery, tool or instrument
used directly in the manufacture of firearms or
ammunition, by any person whose business or
employment does not lawfully deal with the
manufacture of firearms or ammunition, shall be prima
facie evidence that such article is intended to be used
in the unlawful/illegal manufacture of firearms or
ammunition;
2. Unlawful manufacture, sale, acquisition, disposition or
possession of explosives (Section 3).
The possession of any machinery, tool or instrument
directly used in the manufacture of explosives, by any
person whose business or employment does not
lawfully deal with the manufacture of explosives shall
be prima facie evidence that such article is intended to
be used in the unlawful/illegal manufacture of
explosives;
3. Tampering of firearm's serial number (Section 5);
4. Repacking or altering the composition of lawfully
manufactured explosives (Section 6);
5. Unauthorized issuance of authority to carry firearm
and/or ammunition outside of residence (Section 7).
Note: Under nos. 1 and 2:
a. If homicide or murder (no. 1) or crimes defined in the
RPC or special laws (no. 2) is/are committed with the
use of an unlicensed firearm, such use of an
unlicensed firearm shall be considered as an
aggravating circumstance.
b. If the violation is in furtherance of or incident to, or in
connection with the crime of rebellion or insurrection,
15
sedition, or attempted coup d'etat, such violation shall
be absorbed as an element of the crime of rebellion, or
insurrection, sedition, or attempted coup d'etat.
Definition of Terms (Section 1 IRR of P.D. 1866)
Firearm
As herein used, includes rifles, muskets, carbines,
shotguns, revolvers, pistols and all other deadly weapons
from which a bullet, ball, shot, shall or other missile may
be discharged by means of gunpowder or other
explosives. The term also includes air rifles and air pistols
not classified as toys under the provisions of Executive
Order No. 712 dated July 28, 1981. The barrel of any
firearm shall be considered a complete firearm.
Ammunition
It refers to loaded shells for rifles, muskets, carbines,
shotguns, revolvers, pistols and other firearms from which
a bullet, ball, shot, shall or other missile may be fired by
means of gunpowder of explosives.
Permit To Carry Firearm Outside of Residence
It is a written authority issued to any person by the Chief
of Constabulary which entitles such person o carry his
licensed or lawfully issued firearms outside of residence
for the duration and purpose specified therein.
Residence
It refers to that place where the firearm and ammunition is
being permanently kept. It includes the office or house
where it is kept and premises of the house enclosed by
walls and gates separating said premises from adjacent
properties. For firearms covered by a Regular License or
Special Permit their residence shall be that specified in
the license or permit; and those covered by a Certificate of
Registration or a Memorandum Receipt their residence in
the office/station to which the grantee belongs.
The term unlicensed firearm shall include: (Section 5 of
RA 8294)
1. Firearms with expired license; or
2. Unauthorized use of licensed firearm in the commission
of the crime.
REPUBLIC ACT NO. 9160 (AS
AMENDED BY R.A. 9194)
ANTI-MONEY LAUNDERING
ACT OF 2001
Money laundering (Section 4)
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It is a scheme whereby the proceeds of an illegal activity proceedings after serving the
are transacted and made to appear to have originated penalties prescribed
from legitimate sources. laundering Offender is a public
Covered Institutions (Section 3a) transaction official/employee: in addition
1. All those supervised and regulated by BSP; against any to the penalties prescribed,
2. All those supervised and regulated by the SEC; person. perpetual or temporary
3. All those supervised and regulated by the Insurance absolute disqualification from
Commission. office
3-8 years imprisonment and
Money laundering is committed by (Section 4): fine of not less than
1. Any person knowing that a monetary instrument is P500,000.00 but more than
related to the proceeds of an unlawful activity, enters P1,000,000.00
or attempts to enter into a transaction using the said
monetary instrument; Breach of Note: In the case of a breach
2. Any person knowing that a monetary instrument confidentiality of confidentiality that is
involves the proceeds of an unlawful activity, performs (Section 9c) published or reported by
or fails to perform any act as a result of which he media, the responsible
facilitates the offence of money laundering; reporter, writer, president,
3. Any person knowing that a monetary instrument is publisher, manager and editor-
required under the AMLA to be disclosed and filed with in-chief shall be liable under
the Anti-Money Laundering Council, fails to do so. this Act.

Penalty Definition of Terms (Section 3)

Punishable Act
(Section 14)
1. 7-14 years imprisonment Covered Transaction
and fine not less than It is transaction in cash or other equivalent monetary
P3,000,000.00 but not more instrument involving a total amount in excess of
than twice the value of P500,000.00 that is done with the covered institution,
monetary instrument or within 1 banking day.
property involved;
Money 2. 4-7 years imprisonment and Suspicious transaction
laundering fine not less than It is transaction which must be reported by a covered
(Section 4) P1,500,000.00 but not more institution regardless of the amount involved provided that
than P3,000,000.00; the following circumstances are present:
3. 6 months - 4 years 1. The individual making the transaction is not properly
imprisonment or fine not less identified;
than P100,000.00 but not 2. There is no underlying legal or trade obligation, purpose
more than P500,000.00 or or economic justification for that transaction;
both. 3. The amount involved is not commensurate with the
6 months - 1 year or a fine of business or financial capacity of the individual making
Failure to keep
not less than P100,000.00 but the transaction;
records (Section
not more than P500,000.00 or 4. The transaction is structured in a manner that invites
9b)
both. suspicion, that it is trying to avoid the reporting
Malicious 6 months - 4 years requirement under the AMLA;
reporting imprisonment and fine of not 5. Any circumstance relating to the transaction which is
(Section 14c) less than P100,000.00 but not observed to deviate from the clients past transactions;
any person who, more than P500,000.00 6. The transaction is in any way related to an unlawful
with malice, or in activity under the AMLA.
bad faith, reports Offender is a juridical
or files a person: court may suspend or Unlawful Activities under AMLA
completely revoke its license Any act or omission or series or combination thereof
unwarranted or involving or having relation to the following:
false information Offender is an alien: 1. Kidnapping for Ransom
relative to money deportation without further 2. Drug Offenses
3. Graft and Corrupt Practices

16
 San Beda College of Law
2010 Centralized Bar Operations
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: Under the AMLA, a person can be prosecuted and
punished for both the underlying unlawful activity and the
money laundering offense, and the proceeds thereof can
be confiscated or forfeited in favor of the government.
(Section 6).
What is the effect of the bank deposit secrecy laws on
the implementation of AMLA?
When reporting covered or suspicious transactions to the
Anti-Money Laundering Council, covered institutions and
their officers and employees are not deemed to have
violated the bank deposit secrecy laws. However, they are
strictly prohibited from disclosing such transactions to any
person in any manner or by any means. The violation of
confidentiality makes them criminally liable. (Section 9).
PD 1829
PENALIZING OBSTRUCTION OF
APPREHENSION AND PROSECUTION
OF CRIMINAL OFFENDERS
Approved: January 16, 1981
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 offender/s 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, or to be used in
the 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
17
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 judgment, 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 of false or fabricated information to mislead or
prevent the law enforcement agencies from
apprehending the offender or from protecting the life or
property of the victim; or fabricating information from
the data gathered in confidence by investigating
authorities for purposes of background information and
not for publication and publishing or disseminating the
same to mislead the investigator or to the court.
The fact that the offender is not criminally liable as
accessory under Article 20 of the RPC does not absolve
him from liability for his acts punishable under PD 1829.
Note: If any of the foregoing acts are committed by a
public official or employee, he shall, in addition to the
penalties provided thereunder, suffer perpetual
disqualification from holding public office. (Section 2)
REPUBLIC ACT NO. 1379
AN ACT DECLARING FORFEITURE IN
FAVOR OF THE STATE ANY
PROPERTY FOUND TO HAVE BEEN
UNLAWFULLY ACQUIRED BY ANY
PUBLIC OFFICER OR EMPLOYEE AND
PROVIDING FOR THE PROCEEDINGS
THEREFOR.
 San Beda College of Law
2010 Centralized Bar Operations
Approved: June 18, 1955
Acts Punishable
1. Transfer or conveyance of any unlawfully acquired
property by any public officer or employee; or
2. Acceptance of such transfer or conveyance by any
person.
Definition of Terms (Section 1)
Public officer or employee
Any person holding any public office or employment by
virtue of an appointment, election or contract, and any
person holding any office or employment, by appointment
or contract, in any State owned or controlled corporation
or enterprise.
Other legitimately acquired property
It means any real or personal property, money or
securities which the respondent has at any time acquired
by inheritance and the income thereof, or by gift inter
vivos before his becoming a public officer or employee, or
any property (or income thereof) already pertaining to him
when he qualified for public office or employment, or the
fruits and income of the exclusive property of the
respondent's spouse. It shall not include:
1. Property unlawfully acquired by the respondent, but
its ownership is concealed by its being recorded in
the name of, or held by, the respondent's spouse,
ascendants, descendants, relatives, or any other
person.
2. Property unlawfully acquired by the respondent, but
transferred by him to another person or persons on or
after the effectivity of this Act.
3. Property donated to the respondent during his
incumbency, unless he can prove to the satisfaction
of the court that the donation is lawful.
Filing of Petition (Section 2)
1. A complaint is filed by any taxpayer to the city or
provincial fiscal;
2. The fiscal shall conduct a previous inquiry similar to
preliminary investigations in criminal cases and shall
certify to the Solicitor General that there is reasonable
ground to believe that there has been committed a
violation of this Act and the respondent is probably
guilty thereof;
3. The Solicitor General shall file, in the name and on
behalf of the Republic of the Philippines, in the Court
of First Instance (now RTC) of the city or province
18
where said public officer or employee resides or holds
office, a petition for a writ commanding said officer or
employee to show cause why the property aforesaid,
or any part thereof, should not be declared property of
the State.
Note: No such petition shall be filed within one year
before any general election or within three months before
any special election.
The property shall be presumed prima facie to have been
unlawfully acquired whenever any public officer or
employee has acquired during his incumbency an amount
of property which is manifestly out of proportion to his
salary as such public officer or employee and to his other
lawful income and the income from legitimately acquired
property.
The resignation, dismissal or separation of the officer or
employee from his office or employment in the
Government or in the Government-owned or controlled
corporation shall not be a bar to the filing of the petition:
Provided, however, That the right to file such petition shall
prescribe after four years from the date of the resignation,
dismissal or separation or expiration of the term of the
officer or employee concerned.
Effect of failure of respondent to show that he has
lawfully acquired the subject property (Section 6)
The court shall declare such property, forfeited in favor of
the State, and by virtue of such judgment the property
aforesaid shall become property of the State
Note: No judgment shall be rendered within six months
before any general election or within three months before
any special election. The Court may, in addition, refer the
case to the corresponding Executive Department for
administrative or criminal action, or both.
REPUBLIC ACT NO. 9208
ANTI-TRAFFICKING IN PERSONS ACT
OF 2003
Approved: May 26, 2003
Definition of Terms (Section 3)
Trafficking in Persons
It refers to the recruitment, transportation, transfer or
harboring, or receipt of persons with or without the victim's
consent or knowledge, within or across national borders
by means of threat or use of force, or other forms of
coercion, abduction, fraud, deception, abuse of power or
of position, taking advantage of the vulnerability of the
 San Beda College of Law
2010 Centralized Bar Operations
person, or the giving or receiving of payments or benefits
to achieve the consent of a person having control over
another person for the purpose of exploitation which
includes at a minimum, the exploitation or the prostitution
of others or other forms of sexual exploitation, forced labor
or services, slavery, servitude or the removal or sale of
organs.
The recruitment, transportation, transfer, harboring or
receipt of a child for the purpose of exploitation shall also
be considered as "trafficking in persons" even if it does
not involve any of the means set forth in the preceding
paragraph.
Child
It refers to a 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
It 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 and Slavery
It is 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.
Sex Tourism
It refers to a program organized by travel and tourism-
related establishments and individuals which consists of
tourism packages or activities utilizing and offering escort
and sexual services as enticement for tourists. This
includes sexual services and practices offered during rest
and recreation periods for members of the military.
Sexual Exploitation
It refers to participation by a person in prostitution or the
production of pornographic materials as a result of being
subjected to a threat, deception, coercion, abduction,
force, abuse of authority, debt bondage, fraud or through
abuse of a victim's vulnerability.
Debt Bondage
It refers to the pledging by the debtor of his/her personal
services or labor or those of a person under his/her
control as security or payment for a debt, when the length
and nature of services is not clearly defined or when the
19
value of the services as reasonably assessed is not
applied toward the liquidation of the debt.
Pornography
It 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.
Acts Punishable
1. Acts of trafficking in persons (Section 4):
a. To recruit, transport, transfer, harbor, provide, or
receive a person by any means, including those
done under the pretext of domestic or overseas
employment or training or apprenticeship, for the
purpose of prostitution, pornography, sexual
exploitation, forced labor, slavery, involuntary
servitude or debt bondage;
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 or facilitate the adoption of persons for the
purpose of prostitution, pornography, sexual
exploitation, forced-labor, slavery, involuntary
servitude or debt bondage;
g. To recruit, hire, adopt, transport or abduct a person,
by means of threat or use of force, fraud, deceit,
violence, coercion, or intimidation for the purpose of
removal or sale of organs of said person;
h. To recruit, transport or adopt a child to engage in
armed activities in the Philippines or abroad.
2. Acts that promote trafficking in persons (Section 5):
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;
 San Beda College of Law
2010 Centralized Bar Operations
b. To produce, print and issue or distribute unissued,
tampered of fake counseling certificates, registration
stickers and certificates of any government agency
which issues these certificates and stickers as proof
of compliance with government regulatory and pre-
departure requirement 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 moans, 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 he 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; and
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.
3. Qualified trafficking in persons (Section 6):
a. Trafficked person is a child;
b. Adoption is effected through RA 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. Crime is committed by a syndicate, or in large scale.
Trafficking is deemed committed by a syndicate if
carried out by a group of three (3) or more persons
conspiring or confederating with another. It is
deemed committed in large scale if committed
against three (3) or more persons, individually or as
a group;
d. Offender is an ascendant, parent, sibling, guardian or
a person who exercises authority over the trafficked
person or when the offense is committed by a public
officer or employee;
20
e. Trafficked person is recruited to engage in
prostitution with any member of the military or law
enforcement agencies;
f. Offender is a member of the military or law
enforcement agencies; and
g. Act of trafficking in persons, by reason or on
occasion, the offended party dies, becomes insane,
suffers mutilation or is afflicted with Human
Immunodeficiency Virus (HIV) or the Acquired
Immune Deficiency Syndrome (AIDS).
4. To buy or engage the services of trafficked persons for
prostitutions (Section 11).
Who May File Complaint for Trafficking (Section 8):
(CAT-PLSS)
1. Children;
2. Any person who has personal knowledge of the
commission of any offense under this Act;
3. Trafficked person;
4. Parents;
5. Legal guardian;
6. Spouse;
7. Siblings;
Prescriptive Period (Section 12) 10 years
If committed by a syndicate or in a large scale 20 years
The period shall commence to run from the day on which
the trafficked person is delivered or released from the
conditions of bondage and shall be interrupted by the filing
of the complaint or information and shall commence to run
again when such proceedings terminate without the
accused being convicted or acquitted or are unjustifiably
stopped for any reason not imputable to the accused.
Legal Protection to Trafficked Persons (Section 17)
Trafficked persons shall be recognized as victims of the
act or acts of trafficking and as such shall not be
penalized for crimes directly related to the acts of
trafficking enumerated in this Act or in obedience to the
order made by the trafficker in relation thereto.
Note: The consent of a trafficked person to the intended
exploitation set forth in this Act shall be irrelevant.
REPUBLIC ACT NO. 9851
AN ACT DEFINING AND PENALIZING
CRIMES AGAINST INTERNATIONAL
HUMANITARIAN LAW. GENOCIDE AND
OTHER CRIMES AGAINST HUMANITY,
ORGANIZING JURISDICTION,
DESIGNATING SPECIAL COURTS, AND
FOR RELATED PURPOSES
 San Beda College of Law
2010 Centralized Bar Operations
Definition of Terms (Section 3)
Apartheid
It means inhumane acts committed in the context of an
institutionalized regime of systematic oppression and
domination by one racial group or groups and committed
with the intention of maintaining that regime.
Arbitrary deportation or forcible transfer of population
It means forced displacement of the persons concerned
by expulsion or other coercive acts from the area in which
they are lawfully present, without grounds permitted under
domestic or international law.
Armed Conflict
It refers to any use of force or armed violence between
States or a protracted armed violence between
governmental authorities and organized armed groups or
between such groups within a State: Provided, That such
force or armed violence gives rise, or may give rise, to a
situation to which the Geneva Conventions of 12 August
1949, including their common Article 3, apply. Armed
conflict may be international, that is, between two (2) or
more States, including belligerent occupation; or non-
international, that is, between governmental authorities
and organized armed groups or between such groups
within a State. It does not cover internal disturbances or
tensions such as riots, isolated and sporadic acts of
violence or other acts of a similar nature.
Armed Forces
It is all organized armed forces, groups and units that
belong to a party to an armed conflict which are under a
command responsible to that party for the conduct of its
subordinates. Such armed forces shall be subject to an
internal disciplinary system which enforces compliance
with International Humanitarian Law.
Attack Directed Against Any Civilian Population
It is a course of conduct involving the multiple
commission of acts referred to in Section 6 of this Act
against any civilian population, pursuant to or in
furtherance of a State or organizational policy to commit
such attack.
Effective Command and Control or Effective Authority
and Control
It means having the material ability to prevent and punish
the commission of offences by subordinates.
Enforced or Involuntary Disappearance of Persons
21
It means the arrest, detention, or abduction of persons by,
or with the authorization, support or acquiescence of, a
State or a political organization followed by a refusal to
acknowledge that deprivation of freedom or to give
information on the fate or whereabouts of those persons,
with the intention of removing them from the protection of
the law for a prolonged period of time.
Enslavement
It is the exercise of any or all of the powers attaching to
the right of ownership over a person and includes the
exercise of such power in the course of trafficking in
persons, in particular women and children.
Extermination
It is the intentional infliction of conditions of life, inter alia,
the deprivation of access to food and medicine, calculated
to bring about the destruction of a part of a population.
Forced Pregnancy
It means the unlawful confinement of a woman to be
forcibly made pregnant, with the intent of affecting the
ethnic composition of any population or carrying out other
grave violations of international law.
Hors de combat
It means a person who:
1. Is in the power of an adverse party;
2. Has clearly expressed an intention to surrender; or
3. Has been rendered unconscious or otherwise
incapacitated by wounds or sickness and therefore is
incapable of defending himself:
Provided, that in any of these cases, the person abstains
from any hostile act and does not attempt to escape.
Military Necessity
It means the necessity of employing measures which are
indispensable to achieve a legitimate aim of the conflict
and are not otherwise prohibited by International
Humanitarian Law.
Non-defended Locality
It refers to a locality that fulfills the following conditions:
1. All combatants, as well as mobile weapons and mobile
military equipment, must have been evacuated;
2. No hostile use of fixed military installations or
establishments must have been made;
3. No acts of hostility must have been committed by the
authorities or by the population; and
4. No activities in support of military operations must have
been undertaken.
No quarter will be given
 San Beda College of Law
2010 Centralized Bar Operations
It means refusing to spare the life of anybody, even of
persons manifestly unable to defend themselves or who
clearly express their intention to surrender.
Perfidy
It means acts which invite the confidence of an adversary
to lead him/her to believe he/she is entitled to, or is
obliged to accord protection under the rules of
International Humanitarian Law, with the intent to betray
that confidence, including but not limited to:
1. Feigning an intent to negotiate under a flag of truce;
2. Feigning surrender;
3. Feigning incapacitation by wounds or sickness;
4. Feigning civilian or noncombatant status; and
5. Feigning protective status by use of signs, emblems or
uniforms of the United Nations or of a neutral or other
state not party to the conflict.
Persecution
It is the intentional and severe deprivation of fundamental
right contrary to international law by reason of identity of
the group or collectivity.
Protected Person in an armed conflict means:
1. A person wounded, sick or shipwrecked, whether
civilian or military;
2. A prisoner of war or any person deprived of liberty for
reasons related to an armed conflict;
3. A civilian or any person not taking a direct part or
having ceased to take part in the hostilities in the
power of the adverse party;
4. A person who, before the beginning of hostilities, was
considered a stateless person or refugee under the
relevant international instruments accepted by the
parties to the conflict concerned or under the national
legislation of the state of refuge or state of residence;
5. A member of the medical personnel assigned
exclusively to medical purposes or to the
administration of medical units or to the operation of or
administration of medical transports; or
6. A member of the religious personnel who is exclusively
engaged in the work of their ministry and attached to
the armed forces of a party to the conflict, its medical
units or medical transports, or non-denominational,
noncombatant military personnel carrying out functions
similar to religious personnel.
Superior
1. A military commander or a person effectively acting as
a military commander; or
2. Any other superior, in as much as the crimes arose from
activities within the effective authority and control of
that superior.
Torture
22
It is the intentional infliction of severe pain or suffering,
whether physical, mental, or psychological, upon a person
in the custody or under the control of the accused; except
that torture shall not include pain or suffering arising only
from, inherent in or incidental to, lawful sanctions.
Works and Installations Containing Dangerous Forces
It means works and installations the attack of which may
cause the release of dangerous forces and consequent
severe losses among the civilian population, namely:
dams, dikes, and nuclear, electrical generation stations.
Acts Punishable:
A. War Crimes, which include the following (Section 4):
1. In case of an international armed conflict, grave
breaches of the Geneva Conventions of August 12,
1949, namely, any of the following acts against
persons or property protected under the provisions
of the relevant Geneva Convention:
a. Willful killing;
b. Torture or inhuman treatment, including biological
experiments;
c. Willfully causing great suffering, or serious injury
to body or health;
d. Extensive destruction and appropriation of
property not justified by military necessity and
carried out unlawfully and wantonly;
e. Willfully depriving a prisoner of war or other
protected person of the rights of fair and regular
trial;
f. Arbitrary deportation or forcible transfer of
population or unlawful confinement;
g. Taking of hostages;
h. Compelling a prisoner of war or other protected
person to serve in the forces of a hostile power;
and
i. Unjustifiable delay in the repatriation of prisoners
of war or other protected persons.
2. In case of a non-international armed conflict, serious
violations of common Article 3 to the four (4) Geneva
Conventions of August 12, 1949, namely, any of the
following acts committed against persons taking no
active part in the hostilities, including members of the
armed forces who have laid down their arms and
those placed hors de combat by sickness, wounds,
detention or any other cause:
a. Violence to life and person, in particular, willful
killings, mutilation, cruel treatment and torture;
b. Committing outrages upon personal dignity, in
particular, humiliating and degrading treatment;
c. Taking of hostages; and
d. The passing of sentences and the carrying out of
executions without previous judgment pronounced
 San Beda College of Law
2010 Centralized Bar Operations
by a regularly constituted court, affording all
judicial guarantees which are generally
recognized as indispensable.
3. Other serious violations of the laws and customs
applicable in armed conflict, within the established
framework of international law, namely:
a. Intentionally directing attacks against the civilian
population as such or against individual civilians
not taking direct part in hostilities;
b. Intentionally directing attacks against civilian
objects, that is, objects which are not military
objectives;
c. Intentionally directing attacks against buildings,
material, medical units and transport, and
personnel using the distinctive emblems of the
Geneva Conventions or Additional Protocol III in
conformity with international law;
d. Intentionally directing attacks against personnel,
installations, material, units or vehicles involved
in a humanitarian assistance or peacekeeping
mission in accordance with the Charter of the
United Nations, as long as they are entitled to the
protection given to civilians or civilian objects
under the international law of armed conflict;
e. Launching an attack with the knowledge that such
attack will cause incidental loss of life or injury to
civilians or damage to civilian objects or
widespread, long-term and severe damage to the
natural environment which would be excessive in
relation to the concrete and direct military
advantage anticipated;
f. Launching an attack against works or installations
will cause excessive loss of life, injury to civilians
or damage to civilian objects, and causing death
or serious injury to body or health;
g. Attacking or bombarding, by whatever means,
towns, villages, dwellings or buildings which are
undefended and which are not military
objectives, or making non-defended localities or
demilitarized zones the object of attack;
h. Killing or wounding a person in the knowledge
that he/she is hors de combat, including a
combatant who, having laid down his/her arms or
no longer having means of defense, has
surrendered at discretion;
i. Making improper use of a flag of truce, of the flag
or the military insignia and uniform of the enemy
or of the United Nations, as well as of the
distinctive emblems of the Geneva Conventions
or other protective signs under International
Humanitarian Law, resulting in death, serious
personal injury or capture;
j. Intentionally directing attacks against buildings
dedicated to religion, education, art, science or
23
charitable purposes, historic monuments,
hospitals and places where the sick and
wounded are collected, provided they are not
military objectives. In case of doubt whether such
building or place has been used to make an
effective contribution to military action, it shall be
presumed not to be so used;
k. Subjecting persons who are in the power of an
adverse party to physical mutilation or to medical or
scientific experiments of any kind, or to removal of
tissue or organs for transplantation, which are
neither' justified by the medical, dental or hospital
treatment of the person concerned nor carried out in
his/her interest, and which cause death to or
seriously endanger the health of such person or
persons;
l. Killing, wounding or capturing an adversary by
resort to perfidy;
m. Declaring that no quarter will be given;
n. Destroying or seizing the enemy's property unless
such destruction or seizure is imperatively
demanded by the necessities of war;
o. Pillaging a town or place, even when taken by
assault;
p. Ordering the displacement of the civilian
population for reasons related to the conflict,
unless the security of the civilians involved or
imperative military reasons so demand;
q. Transferring, directly or indirectly, by the
occupying power of parts of its own civilian
population into the territory it occupies, or the
deportation or transfer of all or parts of the
population of the occupied territory within or
outside this territory;
r. Committing outrages upon personal dignity, in
particular, humiliating and degrading treatment;
s. Committing rape, sexual slavery, enforced
prostitution, forced pregnancy, enforced
sterilization, or any other form of sexual violence
also constituting a grave breach of the Geneva
Conventions or a serious violation of common
Article 3 to the Geneva Conventions;
t. Utilizing the presence of a civilian or other
protected person to render certain points, areas
or military forces immune from military
operations;
u. Intentionally using starvation of civilians as a
method of warfare by depriving them of objects
indispensable to their survival, including willfully
impeding rebel supplies as provided for under
the Geneva Conventions and their Additional
Protocols;
v. In an international armed conflict, compelling the
nationals of the hostile party to take part m the
operations of war directed against their own
 San Beda College of Law
2010 Centralized Bar Operations
country, even If they were in the belligerent's
service before the commencement of the war;
w. In an international armed conflict, declaring
abolished, suspended or inadmissible In a court
of law the rights and actions of the nationals of
the hostile party;
x. Committing any of the following acts:
i. Conscripting, enlisting or recruiting children
under the age of fifteen (15) years into the
national armed forces;
ii. Conscripting, enlisting or recruiting children
under the age of eighteen (18) years into an
armed force or group other than the national
armed forces; and
iii. Using children under the age of eighteen (18)
years to participate actively m hostilities; and
y. Employing means of warfare which are prohibited
under international law, such as:
i. Poison or poisoned weapons;
ii. Asphyxiating, poisonous or other gases, and all
analogous liquids, materials or devices;
iii. Bullets which expand or flatten easily in the
human body, such as bullets with hard envelopes
which do not entirely cover the core or are
pierced with incisions; and
iv. Weapons, projectiles and material and methods
of warfare which are of the nature to cause
superfluous injury or unnecessary suffering or
which are inherently indiscriminate in violation of
the international law of armed conflict.
B. Genocide (Section 4):
1. Any of the following acts with intent to destroy, in
whole or in part, a national, ethnic, racial, religious,
social or any other similar stable and permanent
group as such:
a. Killing members of the group;
b. Causing serious bodily or mental harm to
members of the group;
c. Deliberately inflicting on the group conditions of
life calculated to bring about its physical
destruction in whole or in part;
d. Imposing measures intended to prevent births
within he group; and
e. Forcibly transferring children of the group to
another group.
2. Genocide is likewise committed when a person
directly and publicly incites others to commit
genocide.
C. Other Crimes against Humanity (Section 6) means
any of the following acts when committed as part of a
widespread or systematic attack directed against any
civilian population, with knowledge of the attack:
24
1. Willful Killing;
2. Extermination;
3. Enslavement;
4. Arbitrary deportation or forcible transfer of population,
5. Imprisonment or other severe deprivation of physical
liberty in violation of fundamental rules of
International law;
6. Torture;
7. Rape, sexual slavery, enforced prostitution, forced
pregnancy, enforced sterilization, or any other form
of sexual violence of comparable gravity;
8. Persecution against any identifiable group or
collectivity on political, racial, national, ethnic,
cultural, religious, gender, sexual orientation or
other grounds that are universally recognized as
impermissible under international law, in connection
with any act referred to this paragraph or any crime
defined in this Act;
9. Enforced or involuntary disappearance of persons,
10. Apartheid; and
11. Other inhumane acts of a similar character
intentionally causing great suffering, or serious
injury to body or to mental or physical health.
Note: The crimes defined and penalized under this Act,
their prosecution, and the execution of sentences imposed
on their account, shall not be subject to any prescription
(Section 11).
REPUBLIC ACT NO. 9775
ANTI-CHILD PORNOGRAPHY
ACT OF 2009
Approved: November 17, 2009
Definition of Terms (Section 3)
Child
It refers to persons below eighteen (18) years of age or
those over but are unable to fully take care of themselves
or protect themselves from abuse, neglect, cruelty,
exploitation or discrimination because of a physical or
mental disability or condition.
Further, child shall also refer to:
1. A person, regardless of age, who is presented, depicted
or believed to be a child as defined herein; and
2. A computer-generated, digitally or manually crafted
images or graphics of a person who is represented or
who is made to appear to be a child as defined herein.
 San Beda College of Law
2010 Centralized Bar Operations
Child Pornography
It refers to any public or private representation, by
whatever means, of a child engaged in real or simulated
explicit sexual activities or any representation of the
sexual parts of a child for primarily sexual purposes.
Child Pornography Materials
It is the means and methods by which child pornography
is carried out:
1. As to form:
a. Visual depiction - which includes not only images of
real children but also digital image, computer image
or computer-generated image that is
indistinguishable from that of real children engaging
in an explicit sexual activity. Visual depiction shall
include:
i. Undeveloped film and videotapes;
ii. Data and/ or images stored on a computer disk or
by electronic means capable of conversion into a
visual image;
iii. Photograph, film, video, picture, digital image or
picture, computer image or picture, whether made
or produced by electronic, mechanical or other
means;
iv. Drawings, cartoons, sculptures or paintings
depicting children; or
v. Other analogous visual depiction; or
b. Audio representation of a person who is or is
represented as being a child and who is engaged in
or is represented as being engaged in explicit sexual
activity, or an audio representation that advocates,
encourages or counsels any sexual activity with
children. It shall include audio recordings and live
audio transmission conveyed through whatever
medium including real-time internet
communications; or
c. Written text or material that advocates or counsels
explicit sexual activity with a child and whose
dominant characteristic is the description, for a
sexual purpose, of an explicit sexual activity with a
child.
1. As to content:
It includes representation of a person who is, appears to
be, or is represented as being a child, the dominant
characteristic of which is the depiction, for a sexual
purpose, of:
a. The sexual organ or the anal region, or a
representation thereof; or
b. The breasts, or a representation of the breasts, of a
female person.
Explicit Sexual Activity
It refers to actual or simulated:
1. Sexual intercourse or lascivious act including, but not
25
limited to, contact involving genital to genital, oral to
genital, anal to genital or oral to anal, whether between
persons of the same or opposite sex;
2. Bestiality;
3. Masturbation;
4. Sadistic or masochistic abuse;
5. Exhibition of the genitals, buttocks, breast, pubic area
and/or anus; or
6. Use of any object or instrument for lascivious acts.
Internet Address
It pertains to a website, bulletin board service, internet
chat room or news group, or any other internet or shared
network protocol address.
Internet Caf or Kiosk
It refers to an establishment that offers or proposes to
offer services to the public for the use of its computer/s or
computer system for the purpose of accessing the
Internet, computer games or related services.
Internet Content Host
It refers to a person who hosts or who proposes to host
Internet content in the Philippines.
Internet Service Provider (ISP)
It refers to a person or entity that supplies, or proposes to
supply, an Internet carriage service to the public.
Luring
It means the act of communicating, by means of a
computer system, with a child or someone who the
offender believes to be a child for the purpose of
facilitating the commission of a sexual activity or
production of child pornography.
Grooming
It refers to the act of preparing a child or someone who
the offender believes to be a child for a sexual activity or
sexual relationship by communicating child pornography.
It includes online enticement, or enticement through any
other means.
Primarily sexual purposes
It refers to purposes which will fulfill all the following
conditions:
1. The average person applying contemporary community
standards would find the work taken as a whole
appealing to prurient interest and satisfying only the
market for gratuitous sex and violence;
2. The work depicts or describes sexual conduct in a
patently offensive way; and
3. The work taken as a whole imbued within its context,
manner or presentation, intention and culture,
 San Beda College of Law
2010 Centralized Bar Operations
lascivious, literary, artistic, political and scientific value.
Acts Punishable (Section 4): (CHEW-P5 FEK)
1. To conspire to commit any of the prohibited acts stated
in this section. Conspiracy to commit any form of child
pornography shall be committed when two (2) or more
persons come to an agreement concerning the
commission of any of the said prohibited acts and
decide to commit it;
2. To hire, employ, use, persuade, induce or coerce a
child to perform in the creation or production of any form
of child pornography;
3. To engage in the luring or grooming of a child;
4. To willfully access any form of child pornography;
5. To produce, direct, manufacture or create any form of
child pornography;
6. To publish offer, transmit, sell, distribute, broadcast,
advertise, promote, export or import any form of child
pornography;
7. To possess any form of child pornography with the
intent to sell, distribute, publish, or broadcast: Provided.
Note: Possession of three (3) or more articles of child
pornography of the same form shall be prima facie
evidence of the intent to sell, distribute, publish or
broadcast;
8. For a parent, legal guardian or person having custody
or control of a child to knowingly permit the child to
engage, participate or assist in any form of child
pornography;
9. To possess any form of child pornography.
For film distributors, theaters and telecommunication
companies, by themselves or in cooperation with other
entities, to distribute any form of child pornography;
10. To engage in pandering of any form of child
pornography;
11. To knowingly, willfully and intentionally provide a
venue for the commission of prohibited acts as, but not
limited to, dens, private rooms, cubicles, cinemas,
houses or in establishments purporting to be a
legitimate business;
Syndicated Child Pornography (Section 5)
If carried out by a group of three (3) or more persons
conspiring or confederating with one another.
Who May File a Complaint (Section 6): (O-PABLO-
PALO)
1. Offended party
2. Parents or guardians
3. Ascendant or collateral relative within the third degree
of consanguinity
4. Barangay chairman
5. Local social welfare development officer
6. Officer, social worker or representative of a licensed
child-caring institution
26
7. Any person who has personal knowledge of the
circumstances of the commission of any offense under
this Act
8. At least 3 concerned responsible citizens residing in the
place where the violation occurred
9. Any law enforcement officer
10. Officer or social worker of the DSWD
REPUBLIC ACT. NO. 9745
ANTI-TORTURE ACT OF 2009
An Act Penalizing Torture and Other Cruel, Inhuman
and Degrading Treatment or Punishment and
Prescribing Penalties Therefor
Approved: November 10, 2009
Definition of Terms (Section 3)
Torture
It is 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. It
does not include pain or Buffering arising only from,
inherent in or incidental to lawful sanctions.
Other cruel, inhuman and degrading treatment or
punishment
It refers to a deliberate and aggravated treatment or
punishment not enumerated under Section 4 of his 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 to the latter.
Note: The assessment of the level of severity shall
depend on all the circumstances of the case, including the
duration of the treatment or punishment, its physical and
mental effects and, in some cases, the sex, religion, age
and state of health of the victim.
Victim
It refers to the person subjected to torture or other cruel,
inhuman and degrading treatment or punishment as
defined above and any individual who has suffered harm
as a result of any act(s) of torture, or other cruel, inhuman
and degrading treatment or punishment.
 San Beda College of Law
2010 Centralized Bar Operations
Order of Battle
It is 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.
Acts Punishable
A. Acts of Torture, which shall include, but not limited to
the following (Section 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:
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
wound(s);
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; or
ii. The use of drugs to induce extreme pain or
27
certain symptoms of a disease; and
n. Other analogous acts of physical torture; and
1. 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 persons
dignity and morale, such as:
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 persons family;
h. Causing the torture sessions to be witnessed by
the persons 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 victims 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; and
l. Other analogous acts of mental/psychological
torture.
Note: (Section 6) Torture and other cruel, inhuman and
degrading treatment or punishment as criminal acts shall
apply to all circumstances. A state of war or a threat of
war, internal 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 (Section 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 Philippine National Police
(PNP), the Armed Forces of the Philippines (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
 San Beda College of Law
2010 Centralized Bar Operations
therein such as, among others, names, date of arrest and
incarceration, and the crime or offense committed.
Note: The list of detainees and detention facilities shall be
available to the public at all times and submitted to the
CHR.
Non-applicability of Exclusionary Rule (Section 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.
Torture as a Separate and Independent Crime
(Section 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.
REPUBLIC ACT NO. 9995
ANTI- PHOTO AND VIDEO
VOYEURISM ACT OF 2009
An Act Defining and Penalizing the Crime of Photo
and Video Voyeurism, Prescribing Penalties Therefor,
and for Other Purposes
Approved: February 15, 2010
Definition of Terms (Section 3)
Broadcast
It is to make public, by any means, a visual image with the
intent that it be viewed by a person or persons.
Capture
With respect to an image, means to videotape,
photograph, film, record by any means, or broadcast.
Female breast
It is any portion of the female breast.
Photo or video voyeurism
It is the act of taking photo or video coverage of a person
or group of persons performing sexual act or any similar
activity or of capturing an image of the private area of a
person or persons without the latter's consent, under
28
circumstances in which such person/s has/have a
reasonable expectation of privacy, or the act of selling,
copying, reproducing, broadcasting, sharing, showing or
exhibiting the photo or video coverage or recordings of
such sexual act or similar activity through VCD/DVD,
internet, cellular phones and similar means or device
without the written consent of the person/s involved,
notwithstanding that consent to record or take photo or
video coverage of same was given by such person/s.
Private area of a person/s
It is the naked or undergarment clad genitals, pubic area,
buttocks or female breast of an individual.
Under circumstances in which a person has a
reasonable expectation of privacy- belief that he/she
could disrobe in privacy, without being concerned that an
image or a private area of the person was being captured;
or circumstances in which a reasonable person would
believe that a private area of the person would not be
visible to the public, regardless of whether that person is
in a public or private place.
Acts Punished (Section 4)
1. To take photo or video coverage of a person or group of
persons performing sexual act or any similar activity or
to capture an image of the private area of a person/s
such as the naked or undergarment clad genitals,
pubic area, buttocks or female breast without the
consent of the person/s involved and under
circumstances in which the person/s has/have a
reasonable expectation of privacy;
2. To copy or reproduce, or to cause to be copied or
reproduced, such photo or video or recording of sexual
act or any similar activity with or without consideration;
3. To sell or distribute, or cause to be sold or distributed,
such photo or video or recording of sexual act, whether
it be the original copy or reproduction thereof; or
4. To publish or broadcast, or cause to be published or
broadcast, whether in print or broadcast media, or
show or exhibit the photo or video coverage or
recordings of such sexual act or any similar activity
through VCD/DVD, internet, cellular phones and other
similar means or device.
Note: The prohibition under Nos. 2, 3 & 4 shall apply
notwithstanding that consent to record or take photo or
video coverage of the same was given by such person/s.
Any person who violates this provision shall be liable for
photo or video voyeurism as defined herein.
REPUBLIC ACT. NO. 9184
GOVERNMENT PROCUREMENT
REFORM ACT
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2010 Centralized Bar Operations
An Act Providing for the Modernization,
Standarization and Regulation of the Procurement
Activities of the Government and for Other Purposes
Approved: January 10, 2003
Definition of Terms (Section 5)
BAC
It is the Bids and Awards Committee
Bid
It is signed offer or proposal submitted by a supplier,
manufacturer, distributor, contractor or consultant in
response to the Bidding Documents.
Competitive Bidding
It is a method of procurement which is open to
participation by any interested party and which consist of
the following processes: advertisement, pre-bid
conference, eligibility screening of bids, evaluations of
bids, post - qualification, and award of contract, the
specific requirements and mechanics of which shall be
defined in the IRR to be promulgated under this Act.
Consulting Services
It is services for Infrastructure Projects and other types of
projects or activities of the Government requiring
adequate external technical and professional experts that
are beyond the capability and/or capacity of the
government to undertake such as, but not limited to:
1. advisory and review services
2. pre investment or feasibility studies
3. design
4. construction supervision
5. management and related services
6. other technical services or special studies.
Goods
All items, supplies, materials and general support
services, except consulting services and infrastructure
projects, which may be needed in the transaction of the
public businesses or in the pursuit of any government
undertaking, project or activity, whether in the nature of
equipment, furniture, stationery, materials for construction,
or personal property of any kind, including non - personal
or contractual services such as the repair and
maintenance of equipment and furniture, as well as
trucking, hauling, janitorial, security, and related or
analogous services, as well as procurement of materials
and supplies provided by the procuring entity or such
services.
29
Head of the Procuring Entity
It refers to:
1. the head of the agency or his duly authorized official,
for national government agencies;
2. the governing board or its duly authorized official, for
government-owned and/or-controlled corporation; or
3. the local chief executive, for local government units.
Note: In a department, office or agency where the
procurement is decentralized, the Head of each
decentralized unit shall be considered as the Head of the
Procuring Entity subject to the limitations and authority
delegated by the head of the department, office or agency.
Infrastructure Projects
It includes the construction, improvement, rehabilitation,
demolition, repair, restoration or maintenance of roads
and bridges, railways, airports, seaports, communication
facilities, civil works components of information technology
projects, irrigation, flood control and drainage, water
supply, sanitation, sewerage and solid waste management
systems, shore protection, energy/power and
electrification facilities, national buildings, school buildings
and other related construction projects of the government.
Procurement
It is the acquisition of Goods, Consulting Services, and the
contracting for Infrastructure Projects by the Procuring
Entity. Procurement shall also include the lease of goods
and real estate. With respect to real property, its
procurement shall be governed by the provisions of
Republic Act No.8974, entitled "An Act to Facilitate the
Acquisition of Right-of -Way Site or Location of National
Government Infrastructure Projects and for Other
Purposes" and other applicable laws, rules and
regulations.
Procuring Entity
It is any branch, department, office, agency, or
instrumentality of the government, including state
universities and colleges, government-owned and/or -
controlled corporations, government financial institutions,
and local government units procuring Goods, Consulting
Services and Infrastructure Projects.
Acts Punished (Section 65)
A. Public officers who (DO-USA):
Note: The liability and punishment for public officers
are without prejudice to the provisions of RA 3019 and
other penal laws.
1. Delaying, without justifiable cause, the screening for
eligibility, opening of bids, evaluation and post
evaluation of bids, and awarding of contracts
 San Beda College of Law
2010 Centralized Bar Operations
beyond the prescribed periods of Bids or other
documents;
2. Open any sealed Bid including but not limited to
Bids that may have been submitted through the
electronic system and any and all documents
required to be sealed or divulging their contents,
prior to the appointed time for the public opening of
Bids or other documents;
3. Unduly influencing or exerting undue pressure on
any member of the BAC or any officer or employee
of the procuring entity to take a particular bidder;
4. Splitting of contracts which exceed procedural
purchase limits and competitive bidding;
5. When the head of the agency abuses the exercise
of his power to reject any and all bids as mentioned
under Section 41 of this Act with manifest
preference to any bidder who is closely related to
him in accordance with Section 47 of this Act.
Note: In addition to the proposed contents of the Invitation
to Bid as mentioned under Section 21, all bidding
documents shall be accompanied by a sworn affidavit of
the bidder that he or she or any officer of their corporation
in not related to the Head of the Procuring Entity by
consanguinity or affinity up to the third civil degree
(Section 47)
Note: When done in collusion with private individuals, the
private individuals shall likewise be liable for the offense.
B. Private individuals who, including any public officer,
who conspires with them (MARR- WUFF):
1. When a bidder maliciously submits different Bids
through two or more persons, corporations,
partnerships or any other business entity in which
he has interest of create the appearance of
competition that does not in fact exist so as to be
adjudged as the winning bidder;
2. When two or more bidders agree and submit
different Bids as if they were bona fide, when they
knew that one or more of them was so much higher
than the other that it could not be honestly
accepted and that the contract will surely be
awarded to the pre-arranged lowest Bid;
3. When two or more bidders enter into an agreement
which call upon one to refrain from bidding for
Procurement contracts, or which call for withdrawal
of bids already submitted, or which are otherwise
intended to secure as undue advantage to any one
of them;
4. When a bidder, by himself or in connivance with
others, employ schemes which tend to restrain the
natural rivalry of the parties or operates to stifle or
suppress competition and thus produce a result
disadvantageous to the public;
30
5. Withdraw a Bid, after it shall have qualified as the
Lowest Calculated Bid/Highest Rated Bid, or to
accept and award, without just cause or for the
purpose of forcing the Procuring Entity to award the
contract to another bidder. This shall include the
non-submission of requirements such as, but not
limited to, performance security, preparatory to the
final award of the contract;
6. Participate in a public bidding using the name of
another or allow another to use one's name for the
purpose of participating in a public bidding;
7. Submit eligibility requirements of whatever kind and
nature that contain false information or falsified
documents calculated to influence the outcome of
the eligibility screening process or conceal such
information in the eligibility requirements when the
information will lead to a declaration of ineligibility
from participating in public bidding;
8. Submit Bidding Documents of whatever kind and
nature than contain false information or falsified
documents or conceal such information in the
Bidding Documents, in order to influence the
outcome of the public bidding.
Civil Liability in Case of Conviction (Section 67)
Without prejudice to administrative sanctions that may be
imposed in proper cases, a conviction under this Act or RA
3019 shall carry with it civil liability, which may either
consist of restitution for the damage done or the forfeiture
in favor of the government of any unwarranted benefit
derived from the act or acts in question or both, at the
discretion of the courts.
P.D. NO. 968
PROBATION LAW OF 1976
Approved: July 24, 1976
Purpose (Section 2):
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; and
3. prevent the commission of offenses.
Definition of Terms (Section 3):
Probation
It is a disposition under which a defendant, after
conviction and sentence, is released subject to conditions
imposed by the court and to the supervision of a probation
officer.
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Probationer
It is a person placed on probation.
Probation Officer
He is one who investigates for the court a referral for
probation or supervises a probationer or both.
Grant of Probation (Section 4):
Application
An application for probation shall be filed with the trial
court, with notice to the appellate court if an appeal has
been taken from the sentence of conviction. The filing of
the application shall be deemed:
1. a waiver of the right to appeal, or
2. the automatic withdrawal of a pending appeal.
Note: Probation may be granted whether the sentence
imposes a term of imprisonment or fine only
Order
The court may, after conviction and upon application of
the defendant:
1. suspend the execution of the sentence; and
2. place the defendant on probation upon such period and
terms as it may deem best.
Note: An order granting or denying probation shall not be
appealable.
Criteria for Placing an Offender on Probation (Section
8):
The court shall consider all information relative to the:
1. character;
2. antecedents;
3. environment;
4. mental and physical condition of the offender;
5. and available institutional and community resources.
Probation shall be denied if the court finds that (CUD):
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; or
3. probation will depreciate the seriousness of the offense
committed.
Disqualified Offenders (Section 9): (SS- SPF)
1. those sentenced to serve a maximum term of
imprisonment of more than six years;
2. those convicted of any offense against the security of
the State;
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3. those who are already serving sentence at the time the
substantive provisions of this Decree became
applicable.
4. those who have been once on probation;
5. those who have previously been convicted by final
judgment of an offense punished by imprisonment of
not less than one month and one day and/or a fine of
not less than P200;
Conditions (Section 10)
1. Mandatory Conditions:
The probationer shall:
a. Present himself to the probation officer within 72
hours from receipt of probation order.
b. Report himself to the probation officer at least once a
month during the period of probation.
2. Discretionary Conditions:
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 a
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 to probation officer or an authorized social
worker to visit his home and place or work;
j. reside at premises approved by it and not to change
his residence without its prior written approval; or
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.
Period (Section 14)
If the sentence imposes:
1. imprisonment of not more than one year- period shall
not exceed two years
2. imprisonment of more than one year- period shall not
exceed six years.
3. Fine only and the offender is made to serve subsidiary
imprisonment- period shall not be less than nor to be
more than twice the total number of days of subsidiary
imprisonment
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Arrest of Probationer (Section 15) Philippines used by persons, or vehicles, or locomotives

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; and
4. the court may revoke or continue his probation or
modify the conditions.
Termination of Probation (Section 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
or trains for the movement or circulation of persons or
transportation of goods, articles, or property or both.
Piracy
It is ny attack upon or seizure of any vessel, or the taking
away of the whole or part thereof or its cargo, equipment,
or the personal belongings of its complement or
passengers, irrespective of the value thereof, by means of
violence against or intimidation of persons or force upon
things, committed by any person, including a passenger or
member of the complement of said vessel, in Philippine
waters.
Pirates
It refers to the offenders

Highway Robbery/Brigandage- the seizure of any

Effects of Termination (id.)
1. The case is deemed terminated;
2. Restore to him all civil rights lost or suspend as a result
of his conviction; and
3. To fully discharge his liability for any fine
person for ransom, extortion or other unlawful purposes,
or the taking away of the property of another by means of
violence against or intimidation of person or force upon
things of other unlawful means, committed by any person
on any Philippine Highway.

Accomplice
PD NO. 532 Any person who:
ANTI-PIRACY AND ANTI-HIGHWAY 1. knowingly or protects pirates or highway
ROBBERY LAW OF 1974 robbers/brigands, such as giving them information
PENALTY IN THE PHILIPPINES about the movement of police or other peace officers of
the government;
2. acquires or receives property taken by such pirates or
brigands or in any manner derives any benefit
Approved: August 8, 1974 therefrom;
3. directly or indirectly abets the commission of piracy or
Definition of Terms (Section 2): highway robbery or brigandage, shall be considered as
an accomplice of the principal offenders and be
Philippine Waters punished in accordance with the Rules prescribed by
It refer to all bodies of water, such as but not limited to, the Revised Penal Code.
seas, gulfs, bays around, between and connecting each of
the Islands of the Philippine Archipelago, irrespective of its Acts Punishable and Their Penalties
depth, breadth, length or dimension, and all other waters
belonging to the Philippines by historic or legal title, PUNISHABLE ACTS PENALTIES
including territorial sea, the sea-bed, the insular shelves, Piracy reclusion temporal in its
and other submarine areas over which the Philippines has medium and maximum
sovereignty or jurisdiction. periods
Piracy with rape, mandatory penalty of
Vessel
murder or homicide death
It is any vessel or watercraft used for transport of
passengers and cargo from one place to another through
Piracy and the
Philippine Waters. It shall include all kinds and types of
offenders:
vessels or boats used in fishing.
1. abandoned the
victims without means
Philippine Highway
of saving themselves
It refers to any road, street, passage, highway and bridges
seized the vessel by
or other parts thereof, or railway or railroad within the

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firing upon or boarding b. whenever he has exploded or attempted to explode

it 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 years to death, or a

fine of not less than twenty-five thousand pesos but
Highway reclusion temporal in its not more than fifty thousand pesos
Robbery/Brigandage minimum period
Highway reclusion temporal in its 3. It shall be unlawful for any person, natural or juridical, to
Robbery/Brigandage medium and maximum ship, load or carry in any passenger aircraft operating as a
with physical injuries or periods public utility within the Philippines, and explosive,
other crimes flammable, corrosive or poisonous substance or material
Highway death penalty (Section 3).
Robbery/Brigandage
with kidnapping for Penalty: Imprisonment of at least five years but not more
ransom or extortion, or than ten years or by a fine of not less than ten thousand
murder or homicide, or pesos but not more than twenty thousand pesos.
rape
REPUBLIC ACT NO. 4200
ANTI-WIRETAPPING LAW
Approved: Jun 19, 1965
REPUBLIC ACT NO. 6235
ANTI- HIJACKING LAW 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
Approved: June 19, 1971
cable, or by using any other device or arrangement, to
secretly overhear, intercept, or record such
Acts Punishable
communication or spoken word by using a device
1. It shall be unlawful for any person to (Section 1):
commonly known as a dictaphone or dictagraph or
a. compel a change in the course or destination of an
dictaphone or walkie-talkie or tape recorder, or
aircraft of Philippine registry
however otherwise described (Sec. 1 par.1);
b. seize or usurp the control thereof, while it is in flight.
2. be he a participant or not in the act or acts penalized in
c. compel an aircraft of foreign registry to land in
the next preceding sentence, to knowingly possess
Philippine territory
any tape record, wire record, disc record, or any
d. seize or usurp the control thereof while it is within the
other such record, or copies thereof, of any
said territory.
communication or spoken word secured either before
or after the effective date of this Act in the manner
Penalty: Imprisonment of not less than twelve (12)
prohibited by this law; or to replay the same for any
years but not more than twenty (20) years, or by a fine
other person or persons; or to communicate the
of not less than twenty thousand (20,000) pesos but not
contents thereof, either verbally or in writing, or to
more than forty thousand (40,000) pesos.
furnish transcriptions thereof, whether complete or
partial, to any other person: Provided, That the use of
Note: An aircraft is in flight from the moment all its
such record or any copies thereof as evidence in
external doors are closed following embarkation until
any civil, criminal investigation or trial of offenses
any of such doors is opened for disembarkation (id.)
mentioned in section 3 hereof, shall not be covered
by this prohibition (Sec.1 par.2).
2. It shall be unlawful for any person to commit any of the
acts mentioned in no. (1) under any of the following
Exception: Nothing contained in this Act, however, shall
circumstances (Section 2):
render it unlawful or punishable for any peace officer, who
a. whenever he has fired upon the pilot, member of the
is authorized by a written order of the Court, to execute
crew or passenger of the aircraft;

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any of the acts declared to be unlawful in the two
preceding sections in cases involving the crimes of:
1. treason,
2. espionage,
3. provoking war and disloyalty in case of war,
4. piracy,
5. mutiny in the high seas,
6. rebellion,
7. conspiracy and proposal to commit rebellion,
8. inciting to rebellion, sedition,
9. conspiracy to commit sedition,
10. inciting to sedition,
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 (Sec.3 par.1)
The written order shall only be issued or granted:
(Sec. 3 par.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 hereinabove has been
committed or is being committed or is about to be
committed,
Provided, however, That in cases involving the
offenses of rebellion, conspiracy and proposal to
commit rebellion, inciting to rebellion, sedition,
conspiracy to commit sedition, and inciting to sedition,
such authority shall be granted only upon prior proof
that a rebellion or acts of sedition, as the case may be,
have actually been or are being committed;
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: (Sec.3
par.2)
1.the identity of the person or persons whose
communications, 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 the authorization.
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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.
BATAS PAMBANSA BLG. 22
BOUNCING CHECKS LAW
Approved: April 3. 1979
Acts Punishable
1. Any person who makes or draws and issues any check
to apply on account or for value, knowing at the time of
issue that he does not have sufficient funds in or credit
with the drawee bank for the payment of such check in
full upon its presentment, which check is subsequently
dishonored by the drawee bank for insufficiency of
funds or credit or would have been dishonored for the
same reason had not the drawer, without any valid
reason, ordered the bank to stop payment (Sec. 1 par.
1).
2. any person who, having sufficient funds in or credit with
the drawee bank when he makes or draws and issues a
check, shall fail to keep sufficient funds or to maintain a
credit to cover the full amount of the check if presented
within a period of ninety (90) days from the date
appearing thereon, for which reason it is dishonored by
the drawee bank (Sec. 1 par. 2).
Note: Where the check is drawn by a corporation,
company or entity, the person or persons who actually
signed the check in behalf of such drawer shall be liable
under this Act (Sec. 1 par. 3).
Penalty: punishable by imprisonment of not less than
thirty days but not more than one (1) year or by a fine of
not less than but not more than double the amount of the
check which fine shall in no case exceed Two Hundred
Thousand Pesos, or both such fine and imprisonment at
the discretion of the court.
Note: Under Administrative Circular 12-2000 issued on
21 November 2000, the Supreme Court (Second
Division), in its decision in Eduardo Vaca v. Court of
Appeals (G.R. No. 131714, 16 November 1998; 298
SCRA 656, 664), per Mr. Justice V. Mendoza, modified the
sentence imposed for violation of B.P. Blg. 22 by deleting
the penalty of imprisonment and imposing only the penalty
of fine in an amount double the amount of the check.
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Administrative Circular No. 13-2001 further clarified
that:
1.Administrative Circular 12-2000 does not remove
imprisonment as an alternative penalty for violations
of B.P. Blg. 22;
2. The Judges concerned may, in the exercise of sound
discretion, and taking into consideration the peculiar
circumstances of each case, determine whether the
imposition of a fine alone would best serve the interests
of justice or whether forbearing to impose imprisonment
would depreciate the seriousness of the offense, work
violence on the social order, or otherwise be contrary to
the imperatives of justice
3. Should only a fine be imposed and the accused be
unable to pay the fine, there is no legal obstacle to the
application of the Revised Penal Code provisions on
subsidiary imprisonment.
Prima Facie Evidence of Knowledge of Insufficient
Funds:
The making, drawing and issuance of a check payment of
which is refused by the drawee because of insufficient
funds in or credit with such bank, when presented within
ninety (90) days from the date of the check, shall be prima
facie evidence of knowledge of such insufficiency of funds
or credit
Exceptions:
1. When the maker or drawer pays the holder thereof the
amount due thereon, or
2. makes arrangements for payment in full by the drawee
of such check within (5) banking days after receiving
notice that such check has not been paid by the drawee.
PRESIDENTIAL DECREE NO. 1612
ANTI-FENCING LAW OF 1979
Approved: June 15, 1979
Definition of Terms
Fencing
It is the act of any person who, with intent to gain for
himself or for another, shall buy, receive, possess, keep,
acquire, conceal, sell or dispose of, or shall buy and sell,
or in any other manner deal in any article, item, object or
anything of value which he knows, or should be known to
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him, to have been derived from the proceeds of the crime
of robbery or theft. (Sec. 2, par 1)
Fence
It includes any person, firm, association, corporation or
partnership or other organization who/which commits the
act of fencing. (Sec. 2, par 2)
Note: If the fence is a partnership, firm, corporation or
association, the president or the manager or any officer
thereof who knows or should have known the commission
of the offense shall be liable. (Sec. 4)
Presumption of Fencing (Sec. 5)
General Rule: Mere possession of any good, article, item,
object, or anything of value which has been the subject of
robbery or thievery shall be prima facie evidence of
fencing.
Exception: Possession of Clearance/Permit to
Sell/Used Second Hand Articles.
All stores, establishments or entities dealing in the buy
and sell of any good, article item, object of anything of
value obtained from an unlicensed dealer or supplier
thereof, shall before offering the same for sale to the
public, secure the necessary clearance or permit from the
station commander of the Integrated National Police in the
town or city where such store, establishment or entity is
located.
Any person who fails to secure the clearance or permit
required by this section or who violates any of the
provisions of the rules and regulations promulgated there
under shall upon conviction be punished as a fence.
REPUBLIC ACT NO. 9344
JUVENILE JUSTICE AND WELFARE
ACT OF 2006
Approved: April 28, 2006
Definition of terms (Section 4):
"Child"
It refers to a person under the age of eighteen (18) years.
"Child at Risk"
It refers to a child who is vulnerable to and at the risk of
committing criminal offenses because of personal, family
and social circumstances
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Step 1: Determination of Age (sec. 7)

"Child in Conflict with the Law"
It refers to a child who is alleged as, accused of, or Presumption: The child in conflict with the law shall enjoy
adjudged as, having committed an offense under the presumption of minority.
Philippine laws.
Construction: In case of doubt as to the age of the child,
Minimum Age of Criminal Responsibility (Sec 6) it shall be resolved in his/her favor.
Evidence of age:
Age and Corresponding Liability 1. Documents:
Age Criminal Civil a. childs birth certificate,
Liability Liability b. Baptismal certificate
15 years of age or Exempt Subject to c. Any other pertinent documents.
under at the time civil liability
of the commission 2. In the absence of the above documents, information
of the offense from: (cta)
Above 15 years Exempt Subject to a. the child himself/herself,
but below 18 years civil liability b. testimonies of other persons,
of age without c. the physical appearance of the child and other
discernment relevant evidence.
Above 15 years Subject to Subject to
but below 18 years criminal liability civil liability Step 2: Ascertainment of Criminal Liability based on
of age with but shall Age and Discernment
discernment undergo 1. Child 15 years of age or under at the time of the
diversion commission of the offense- shall be exempt from
program criminal liability. However, the child shall be
At least 18 years Subject to Subject to subjected to an intervention program.
of age criminal liability civil liability 2. If the child is 15 years of age or below - the authority
has the duty to release the child to the custody of:
a. his/her parents or guardian or in the absence
thereof, the childs nearest relative;
b. duly registered nongovernmental or religious
organization, a barangay official or a member of
the Barangay Council for the Protection of Children
(BCPC), a local social welfare and development
officer upon refusal of the above-mentioned; or
c. when and where appropriate, the DSWD.

PROCEDURE Procedure for Taking the Child into Custody (Sec. 21)
From the moment a child is taken into custody, the law
Determination of enforcement officer shall:
Age 1. Explain to the child in simple language and in a dialect
that he/she can understand why he/she is being
placed under custody and the offense that he/she
allegedly committed;
If 15-18 year
If 15-18 year
old w/o
If below 15 2. Inform the child of the reason for such custody and
old with
discernment discernment 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;
Subjected to Subjected to 4. Refrain from using vulgar or profane words and
intervention diversion Subjected to
program program intervention from sexually harassing or abusing, or making sexual
program 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,

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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 or unnecessary force;
8. Determine the age of the child.
9. Immediately but not later than eight (8) hours after
apprehension, turn over custody of the child to the
Social Welfare and Development Office or other
accredited NGOs, and notify the child's apprehension.
The social welfare and development officer shall explain
to the child and the child's parents/guardians the
consequences of the child's act with a view towards
counseling 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 ordered 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, and if so, the reason for such;
b. That the parents or guardian of a child, the DSWD,
and the PA0 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 statements signed by the child
during investigation shall be witnessed by the
child's 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 only be
searched by a law enforcement officer of the same gender
and shall not be locked up in a detention cell.
Child above 15 years but below 18 years of age who
acted WITHOUT discernment-exempt from criminal
liability and be subjected to an intervention program.
Child above 15 years but below 18 years of age who
acted WITH discernment- subjected to the appropriate
proceedings in accordance with this Act.
Discernment
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It is the mental capacity to understand the difference
between right and wrong and its consequences.
SEC. 23. System of Diversion. - Children in conflict with
the law shall undergo diversion programs without
undergoing court proceedings subject to the conditions
herein provided:
1. 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.
2. 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;
3. 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.
Child under 18 years of age at the time of commission of
the offense, if found guilty of the offense charged, civil
liability shall be determined and ascertained. 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.
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 (Section
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
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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 willfully 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.

Offenses Not Applicable to Children (Sec. 58)

Persons below eighteen (18) years of age shall be
exempt from prosecution for the crime of
1. vagrancy and prostitution under Section 202 of the
Revised Penal Code,
2. mendicancy under Presidential Decree No. 1563, and
3. sniffing of rugby under Presidential Decree No. 1619.

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