CRIM2 Codal Provisions

BOOK TWO Art. 116. Misprision of treason.

CRIMES AND PENALTIES Every person owing allegiance to
Title One (the United States) the Government of the Philippine Islands,
CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF without being a foreigner, and
NATIONS having knowledge of any conspiracy against them,
Chapter One conceals or
CRIMES AGAINST NATIONAL SECURITY does not disclose and make known the same,
Section One. Treason and espionage as soon as possible to
the governor or
Art. 114. Treason. fiscal of the province, or
Any Filipino citizen who the mayor or
levies war against the Philippines or fiscal of the city
adheres to her enemies in which he resides, as the case may be,
giving them shall be punished as an accessory
aid or to the crime of treason.
comfort
within the Philippines or Art. 117. Espionage.
elsewhere, The penalty of prision correccional
shall be punished by reclusion perpetua to death and shall be inflicted upon any person who:
shall pay a fine not to exceed 100,000 pesos.
1 Without authority therefor, enters
No person shall be convicted of treason unless a warship,
on the testimony of two witnesses at least fort, or
to the same overt act or naval or military establishment or reservation
on confession of the accused in open court. to obtain any information,
plans,
Likewise, an alien, residing in the Philippines, photographs, or
who commits acts of treason other data of a confidential nature
as defined in paragraph 1 of this Article relative to the defense of
shall be punished by reclusion temporal to death and the Philippine Archipelago; or
shall pay a fine not to exceed 100,000 pesos.
2 Being in possession,
by reason of the public office he holds,
Art. 115. Conspiracy and proposal to commit treason; Penalty. of the articles,
The conspiracy or data, or
proposal to commit the crime of treason information
shall be punished respectively, by referred to in the preceding paragraph,
prision mayor and discloses their contents to
a fine not exceeding P10,000 pesos, and a representative of a foreign nation.
prision correccional and
a fine not exceeding P5,000 pesos. The penalty next higher in degree shall be imposed
if the offender be a public officer or employee.
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If the offender intended to aid the enemy by
Section Two. Provoking war and disloyalty in case of war giving such notice or information,
he shall suffer the penalty of
Art. 118. Inciting to war or giving motives for reprisals. reclusion temporal to death.
The penalty of reclusion temporal shall be imposed upon
any public officer or Art. 121. Flight to enemy country.
employee, and The penalty of arresto mayor
that of prision mayor upon shall be inflicted upon any person who,
any private individual, owing allegiance to the Government, attempts to
who, by unlawful or unauthorized acts flee or go to an enemy country
provokes or gives occasion for a war when prohibited by competent authority.
involving or liable to involve
the Philippine Islands or Section Three. Piracy and mutiny on the high seas
exposes Filipino citizens to reprisals
on their persons or property. Art. 122. Piracy in general and mutiny on the high seas.
The penalty of reclusion temporal shall be inflicted upon
Art. 119. Violation of neutrality. any person who, on the high seas,
The penalty of prision correccional shall attack or seize a vessel or,
shall be inflicted upon anyone who, not being a member of its complement nor a passenger,
on the occasion of a war in which shall seize the whole or part of the cargo of said vessel,
the Government is not involved, its equipment, or
violates any regulation issued personal belongings of its complement or passengers.
by competent authority The same penalty shall be inflicted
for the purpose of enforcing neutrality. in case of mutiny on the high seas or in Philippine Waters.

Art. 120. Correspondence with hostile country. Art. 123. Qualified piracy.
Any person who in time of war, shall have correspondence with The penalty of reclusion temporal to death
an enemy country or shall be imposed upon those who commit
territory any of the crimes referred to in the preceding article,
occupied by enemy troops under any of the following circumstances:
shall be punished:
Whenever they have seized a vessel
By prision correccional, by boarding or
if the correspondence has been prohibited by the Government; firing upon the same;
By prision mayor, Whenever the pirates have abandoned their victims
if such correspondence be carried on without means of saving themselves; or
in ciphers or Whenever the crime is accompanied by
conventional signs; and murder,
By reclusion temporal, homicide,
if notice or information be given thereby physical injuries or
which might be useful to the enemy. rape.

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Title Two Art. 125. Delay in the delivery of detained persons to the proper judicial
CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE authorities.
Chapter One The penalties provided in the next preceding article
ARBITRARY DETENTION OR EXPULSION, VIOLATION shall be imposed upon
OF DWELLING, PROHIBITION, INTERRUPTION, AND the public officer or
DISSOLUTION OF PEACEFUL MEETINGS AND CRIMES employee who
AGAINST RELIGIOUS WORSHIP shall detain any person for some legal ground
and shall fail to deliver such person
Section One. Arbitrary detention and expulsion to the proper judicial authorities
within the period of;
Art. 124. Arbitrary detention. twelve (12) hours,
Any public officer or employee who, for crimes or offenses punishable
without legal grounds, by light penalties, or their equivalent;
detains a person, shall suffer; eighteen (18) hours,
for crimes or offenses punishable
1 The penalty of arresto mayor in its maximum period to by correctional penalties, or their equivalent and
prision correccional in its minimum period, thirty-six (36) hours,
if the detention has not exceeded three days; for crimes, or offenses punishable
by afflictive or capital penalties, or their equivalent.
2 The penalty of prision correccional In every case, the person detained
in its medium and maximum periods, shall be informed of the cause of his detention and
if the detention has continued more than three shall be allowed upon his request,
but not more than fifteen days; to communicate and confer at any time
with his attorney or counsel.
3 The penalty of prision mayor, (As amended by E.O. Nos. 59 and 272, Nov. 7, 1986 and July 25, 1987,
if the detention has continued for more than fifteen days but respectively).
not more than six months; and
Art. 126. Delaying release.
4 That of reclusion temporal, The penalties provided for in Article 124
if the detention shall have exceeded six months. shall be imposed upon any public officer or employee who
delays for the period of time specified therein
The commission of a crime, or the performance of any judicial
violent insanity or or executive order
any other ailment for the release of a prisoner or
requiring the compulsory confinement of the patient detention prisoner, or
in a hospital, unduly delays the service of the notice of such order
shall be considered legal grounds to said prisoner or the proceedings
for the detention of any person. upon any petition
for the liberation of such person.

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Art. 127. Expulsion. Art. 130. Searching domicile without witnesses.
The penalty of prision correccional shall be imposed The penalty of arresto mayor in its medium and maximum periods
upon any public officer or employee shall be imposed upon a public officer or employee
who, not being thereunto authorized by law, who, in cases where a search is proper,
shall expel any person from the Philippine Islands or shall search the domicile,
shall compel such person to change his residence. papers or
other belongings of any person,
Section Two. Violation of domicile in the absence of the latter,
any member of his family, or in their default,
Art. 128. Violation of domicile. without the presence of two witnesses
The penalty of prision correccional in its minimum period residing in the same locality.
shall be imposed upon any public officer or employee who,
not being authorized by judicial order, Section Three. Prohibition, interruption and dissolution of peaceful
shall enter any dwelling meetings
against the will of the owner thereof,
search papers or other effects found therein Art. 131. Prohibition, interruption and dissolution of peaceful meetings.
without the previous consent of such owner, or The penalty of prision correccional in its minimum period
having surreptitiously entered said dwelling, and shall be imposed upon any public officer or employee who,
being required to leave the premises, without legal ground,
shall refuse to do so. shall prohibit or interrupt the holding of a peaceful meeting,
or shall dissolve the same.
If the offense be committed in the night-time, or
if any papers or effects not constituting evidence of a crime The same penalty shall be imposed upon a public officer or employee who
be not returned immediately after the search made by the offender, shall hinder any person
the penalty shall be prision correccional from joining any lawful association or
in its medium and maximum periods. from attending any of its meetings.

Art. 129. Search warrants maliciously obtained and abuse in the service
of those legally obtained.
In addition to the liability attaching to the offender
for the commission of any other offense,
the penalty of arresto mayor in its maximum period to
prision correccional in its minimum period and
a fine not exceeding P1,000 pesos
shall be imposed upon any public officer or employee
who shall procure a search warrant without just cause, or,
having legally procured the same,
shall exceed his authority or
use unnecessary severity in executing the same.
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The same penalty shall be imposed upon any public officer or employee who
shall prohibit or hinder any person
from addressing, either alone or together with others,
any petition to the authorities
for the correction of abuses or
redress of grievances.
Section Four. Crimes against religious worship
Art. 132. Interruption of religious worship.
The penalty of prision correccional in its minimum period
shall be imposed upon any public officer or employee
who shall prevent or disturb
the ceremonies or
manifestations of any religion.
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If the crime shall have been committed with violence or threats,
the penalty shall be prision correccional
in its medium and maximum periods.

Art. 133. Offending the religious feelings.

The penalty of arresto mayor in its maximum period to
prision correccional in its minimum period
shall be imposed upon anyone who,
in a place devoted to religious worship or
during the celebration of any religious ceremony
shall perform acts notoriously offensive
to the feelings of the faithful.

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Title Three by any person or persons, belonging to
CRIMES AGAINST PUBLIC ORDER the military or
Chapter One police or
REBELLION, SEDITION AND DISLOYALTY holding any public office or employment
with or without civilian support or participation
Art. 134. Rebellion or insurrection; How committed. for the purpose of
The crime of rebellion or insurrection is committed seizing or
by rising publicly and diminishing
taking arms state power.
against the Government
for the purpose of Art. 135. Penalty for rebellion, insurrection or coup d'etat.
removing from the allegiance Any person who
to said Government or promotes,
its laws, maintains, or
the territory of the Philippine Islands or heads
any part thereof, of rebellion or insurrection
any body of shall suffer the penalty of reclusion perpetua.
land, Any person
naval or merely participating or executing
other armed forces, the commands of others in a rebellion
depriving the Chief Executive or the Legislature, shall suffer the penalty of reclusion temporal.
wholly or partially, Any person who
of any of their powers or prerogatives. leads or in any manner directs or commands others
to undertake a coup d'etat
Article 134-A. Coup d'etat; How committed. shall suffer the penalty of reclusion perpetua.
The crime of coup d'etat is a swift attack accompanied by Any person in the government service
violence, who participates, or executes directions or commands of others
intimidation, in undertaking a coup d'etat
threat, shall suffer the penalty of prision mayor
strategy or in its maximum period.
stealth, Any person not in the government service
directed against who participates,
duly constituted authorities or in any manner
of the Republic of the Philippines, or supports,
any military camp or installation, finances,
communications network, abets or
public utilities or aids
other facilities needed in undertaking a coup d'etat
for the exercise and continued possession of power, shall suffer the penalty of reclusion temporal
singly or simultaneously carried out in its maximum period.
anywhere in the Philippines

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When the rebellion, Art. 138. Inciting a rebellion or insurrection.
insurrection, or The penalty of prision mayor in its minimum period
coup d'etat shall be imposed upon any person who,
shall be under the command of unknown leaders, without taking arms or
any person who in fact being in open hostility against the Government,
directed the others, shall incite others to the execution of any of the acts
spoke for them, specified in article 134 of this Code, by means of
signed receipts and other documents speeches,
issued in their name, proclamations,
as performed similar acts, on behalf or the rebels writings,
shall be deemed a leader of such emblems,
a rebellion, banners or
insurrection, or other representations tending to the same end.
coup detat.
Art. 139. Sedition; How committed.
Art. 136. Conspiracy and proposal to commit coup d'etat, rebellion or The crime of sedition is committed by persons
insurrection. who rise publicly and tumultuously in order to attain
The conspiracy and proposal to commit coup d'etat by force, intimidation, or
shall be punished by prision mayor by other means outside of legal methods,
in minimum period and any of the following objects:
a fine which shall not exceed eight thousand pesos (P8,000.00). 1. To prevent
the promulgation or execution of any law or
The conspiracy and proposal to commit rebellion or insurrection the holding of any popular election;
shall be punished respectively, 2. To prevent the National Government, or
by prision correccional in its maximum period and any provincial or municipal government or
a fine which shall not exceed five thousand pesos any public officer thereof
(P5,000.00) and from freely exercising its or his functions, or
by prision correccional in its medium period and prevent the execution of any administrative order;
a fine not exceeding two thousand pesos (P2,000.00). 3. To inflict any act of hate or revenge
upon the person or property of
Art. 137. Disloyalty of public officers or employees. any public officer or employee;
The penalty of prision correccional in its minimum period 4. To commit, for any political or social end,
shall be imposed upon public officers or employees who any act of hate or revenge
have failed to resist a rebellion against private persons or any social class; and
by all the means in their power, or 5. To despoil, for any political or social end,
shall continue to discharge the duties of their offices any person,
under the control of the rebels or municipality or
shall accept appointment to office under them. province, or
the National Government (or the Government of the United States),
of all its property or
any part thereof.

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Art. 140. Penalty for sedition. meet together for unlawful purposes, or
The leader of a sedition which suggest or incite rebellious conspiracies or riots, or
shall suffer the penalty of which lead or tend to stir up the people
prision mayor in its minimum period and against the lawful authorities or
a fine not exceeding 10,000 pesos. to disturb the peace of the community,
the safety and order of the Government, or
Other persons participating therein who shall knowingly conceal such evil practices.
shall suffer the penalty of
prision correccional in its maximum period and Chapter Two
a fine not exceeding 5,000 pesos. CRIMES AGAINST POPULAR REPRESENTATION
Section One. Crimes against legislative bodies and similar bodies
Art. 141. Conspiracy to commit sedition.
Persons conspiring to commit the crime of sedition Art. 143. Act tending to prevent the meeting of the Assembly and similar
shall be punished by bodies.
prision correccional in its medium period and The penalty of prision correccional or
a fine not exceeding 2,000 pesos. a fine ranging from 200 to 2,000 pesos, or
both,
Art. 142. Inciting to sedition. shall be imposed upon any person who,
The penalty of prision correccional in its maximum period and by force or fraud, prevents the meeting
a fine not exceeding 2,000 pesos shall be imposed of the National Assembly
upon any person who, (Congress of the Philippines) or
without taking any direct part in the crime of sedition, of any of its committees or subcommittees,
should incite others to the accomplishment of constitutional commissions or
any of the acts which constitute sedition, committees or divisions thereof, or
by means of speeches, of any provincial board or
proclamations, city or municipal council or board.
writings,
emblems, Art. 144. Disturbance of proceedings.
cartoons, The penalty of arresto mayor or
banners, or a fine from 200 to 1,000 pesos
other representations shall be imposed upon any person
tending to the same end, or who disturbs the meetings
upon any person or persons who of the National Assembly (Congress of the Philippines) or
shall utter seditious words or speeches, of any of its committees or subcommittees,
write, publish, or circulate scurrilous libels constitutional commissions or
against the Government (of the United States or committees or divisions thereof, or
the Government of the Commonwealth) of the of any provincial board or
Philippines, or city or municipal council or board, or
any of the duly constituted authorities thereof, or in the presence of any such bodies
which tend to disturb or obstruct any lawful officer should behave in such manner
in executing the functions of his office, or as to interrupt its proceedings or
which tend to instigate others to cabal and to impair the respect due it.
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Section Two. Violation of parliamentary immunity

Art. 145. Violation of parliamentary immunity.

The penalty of prision mayor shall be imposed
upon any person who shall use
force,
intimidation,
threats, or
fraud
to prevent any member of
the National Assembly (Congress of the Philippines)
from attending the meetings
of the Assembly (Congress) or
of any of its committees or subcommittees,
constitutional commissions or
committees or divisions thereof,
from expressing his opinions or
casting his vote; and
the penalty of prision correccional shall be imposed
upon any public officer or employee who shall,
while the Assembly (Congress) is in regular or special session,
arrest or search any member thereof,
except in case such member has committed
a crime punishable under this Code
by a penalty higher than prision mayor.

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Chapter Three for the purpose of committing any of the crimes punishable
ILLEGAL ASSEMBLIES AND ASSOCIATIONS under this Code or
for some purpose contrary to public morals.
Art. 146. Illegal assemblies. Mere members of said associations
The penalty of prision correccional in its maximum period shall suffer the penalty of arresto mayor.
to prision mayor in its medium period (Reinstated by E.O. No. 187).
shall be imposed upon the organizers or leaders
of any meeting attended by armed persons Chapter Four
for the purpose of committing any of the crimes ASSAULT UPON, AND RESISTANCE AND DISOBEDIENCE
punishable under this Code, or TO, PERSONS IN AUTHORITY AND THEIR AGENTS
of any meeting in which the audience is incited
to the commission of the crime of Art. 148. Direct assaults.
treason, Any person or persons who, without a public uprising,
rebellion or insurrection, shall employ force or intimidation for the attainment of
sedition or assault any of the purpose enumerated in defining the crimes of
upon a person in authority or his agents. rebellion and sedition, or
Persons merely present at such meeting shall attack, employ force, or seriously intimidate or resist
shall suffer the penalty of arresto mayor, any person in authority or
unless they are armed, in which case any of his agents,
the penalty shall be prision correccional. while engaged in the performance of official duties,
or on occasion of such performance,
If any person present at the meeting carries an unlicensed firearm, shall suffer the penalty of prision correccional
it shall be presumed that the purpose of said meeting, in its medium and maximum periods and
insofar as he is concerned, a fine not exceeding P1,000 pesos,
is to commit acts punishable under this Code, and when the assault is committed with a weapon or
he shall be considered a leader or organizer of the meeting when the offender is a public officer or employee, or
within the purview of the preceding paragraph. when the offender lays hands upon a person in authority.
If none of these circumstances be present,
As used in this article, the penalty of prision correccional in its minimum period and
the word "meeting" shall be understood to include a fine not exceeding P500 pesos
a gathering or group, shall be imposed.
whether in a fixed place or moving.
(Reinstated by E.O. No. 187). Art. 149. Indirect assaults.
The penalty of prision correccional in its minimum and medium periods and
Art. 147. Illegal associations. a fine not exceeding P500 pesos
The penalty of prision correccional in its minimum and medium periods and shall be imposed upon any person who
a fine not exceeding 1,000 pesos shall make use of force or intimidation upon any person
shall be imposed upon coming to the aid of the authorities or their agents
the founders, on occasion of the commission of any of the crimes
directors, and defined in the next preceding article.
presidents of associations
totally or partially organized
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Art. 150. Disobedience to summons issued by the National Assembly, its a fine ranging from 10 to P100 pesos
committees or subcommittees, by the Constitutional Commissions, its shall be imposed upon the offender.
committees, subcommittees or divisions.
The penalty of arresto mayor or Art. 152. Persons in authority and agents of persons in authority; Who
a fine ranging from two hundred to one thousand pesos, or shall be deemed as such.
both such fine and imprisonment In applying the provisions of the preceding and other articles of this Code,
shall be imposed upon any person who, any person directly vested with jurisdiction, whether
having been duly summoned to attend as a witness before the as an individual or as a member of
National Assembly, (Congress), some court or
its special or standing committees and subcommittees, governmental corporation,
the Constitutional Commissions and board, or
its committees, subcommittees, or divisions, or commission,
before any commission or committee chairman or member shall be deemed a person in authority.
authorized to summon witnesses, A barrio captain and
refuses, without legal excuse, a barangay chairman
to obey such summons, or shall also be deemed a person in authority.
being present before any such A person who,
legislative or constitutional body or official, by direct provision of law or
refuses to be sworn or placed under affirmation or by election or
to answer any legal inquiry or by appointment by competent authority,
to produce any books, papers, documents, or records is charged with the maintenance of public order and
in his possession, when required by them the protection and security of life and property,
to do so in the exercise of their functions. such as a barrio councilman,
The same penalty shall be imposed upon any person barrio policeman and
who shall restrain another from attending as a witness, or barangay leader and
who shall induce disobedience to a summon or any person who comes to the aid
refusal to be sworn by any such body or official. of persons in authority,
shall be deemed an agent of a person
Art. 151. Resistance and disobedience to a person in authority or the in authority.
agents of such person. In applying the provisions of Articles 148 and 151 of this Code,
The penalty of arresto mayor and teachers,
a fine not exceeding 500 pesos professors and
shall be imposed upon any person who persons
not being included in the provisions of the preceding articles charged with the supervision of
shall resist or seriously disobey public or
any person in authority, or duly recognized private schools,
the agents of such person, colleges and
while engaged in the performance universities, and
of official duties. lawyers
When the disobedience to an agent of a person in authority in the actual performance of their professional duties or
is not of a serious nature, on the occasion of such performance,
the penalty of arresto menor or shall be deemed persons in authority.
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Chapter Five Art. 154. Unlawful use of means of publication and unlawful utterances.
PUBLIC DISORDERS The penalty of arresto mayor and a fine ranging from P200 to P1,000 pesos
Art. 153. Tumults and other disturbance of public orders; Tumultuous shall be imposed upon:
disturbance or interruption liable to cause disturbance.
The penalty of arresto mayor in its medium period 1. Any person who by means of
to prision correccional in its minimum period and printing,
a fine not exceeding 1,000 pesos lithography, or
shall be imposed upon any person who any other means of publication
shall cause any serious disturbance shall publish or cause to be published as news
in a public place, any false news which may endanger the public order,
office, or or cause damage to the interest or credit of the State;
establishment, or
shall interrupt or disturb 2. Any person who
public performances, by the same means, or
functions or gatherings, or by words, utterances or speeches
peaceful meetings, shall encourage disobedience
if the act is not included to the law or
in the provisions of Articles 131 and 132. to the constituted authorities or
praise,
The penalty next higher in degree shall be imposed justify, or
upon persons causing extol
any disturbance or interruption of a tumultuous character. any act punished by law;
The disturbance or interruption shall be deemed to be tumultuous
if caused by more than three persons who are armed or 3. Any person who shall
provided with means of violence. maliciously publish or
cause to be published
The penalty of arresto mayor shall be imposed upon any person who any official resolution or document
in any meeting, without proper authority, or
association, or before they have been published officially; or
public place,
shall make any outcry tending to incite rebellion or sedition 4. Any person who shall
or in such place print, publish, or distribute or
shall display placards or emblems cause to be
which provoke a disturbance of the public order. printed, published, or distributed
books,
The penalty of arresto menor and pamphlets,
a fine not to exceed P200 pesos periodicals, or
shall be imposed upon these persons who in violation of leaflets
the provisions contained in the last clause of Article 85, which do not bear the real printer's name, or
shall bury with pomp the body of a person which are classified as anonymous.
who has been legally executed.
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Art. 155. Alarms and scandals. If the escape of the prisoner shall take place
The penalty of arresto menor or outside of said establishments
a fine not exceeding P200 pesos shall be imposed upon: by taking the guards by surprise,
the same penalties shall be imposed
1. Any person who within any town or public place, in their minimum period.
shall discharge any
firearm, Chapter Six
rocket, EVASION OF SERVICE OF SENTENCE
firecracker, or
other explosives Art. 157. Evasion of service of sentence.
calculated to cause alarm or danger; The penalty of prision correccional in its medium and maximum periods
shall be imposed upon any convict
2. Any person who shall who shall evade service of his sentence
instigate or by escaping during the term of his imprisonment
take an active part in by reason of final judgment.
any charivari or However, if such evasion or escape shall have taken place
other disorderly meeting by means of unlawful entry,
offensive to another or by breaking
prejudicial to public tranquility; doors,
windows,
3. Any person who, gates,
while wandering about at night or walls,
while engaged in any other nocturnal amusements, roofs, or
shall disturb the public peace; or floors, or
by using
4. Any person who, while intoxicated or otherwise, picklocks,
shall cause any disturbance or scandal in public places, false keys,
provided that the circumstances of the case deceit,
shall not make the provisions of Article 153 applicable. violence or intimidation, or
through connivance with other convicts or employees
Art. 156. Delivery of prisoners from jails. of the penal institution,
The penalty of arresto mayor in its maximum period or the penalty shall be prision correccional in its maximum period.
prision correccional in its minimum period
shall be imposed upon any person who Art. 158. Evasion of service of sentence on the occasion of disorder,
shall remove from any jail or penal establishment conflagrations, earthquakes, or other calamities.
any person confined therein or A convict who shall evade the service of his sentence,
shall help the escape of such person, by leaving the penal institution where he shall have been confined,
by means of violence, on the occasion of disorder resulting from a
intimidation, or conflagration,
bribery. earthquake,
If other means are used, explosion, or
the penalty of arresto mayor shall be imposed. similar catastrophe, or
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during a mutiny in which he has not participated,
shall suffer an increase of one-fifth of the time
still remaining to be served under the original sentence,
which in no case shall exceed six months,
if he shall fail to give himself up to the authorities
within forty-eight hours
following the issuance of a proclamation
by the Chief Executive announcing
the passing away of such calamity.
Convicts who,
under the circumstances mentioned in the preceding paragraph,
shall give themselves up to the authorities
within the above mentioned period of 48 hours,
shall be entitled to the deduction
provided in Article 98.
Art. 159. Other cases of evasion of service of sentence.
The penalty of prision correccional in its minimum period
shall be imposed upon the convict who,
having been granted conditional pardon by the Chief Executive,
shall violate any of the conditions of such pardon.
However, if the penalty remitted by the granting of such pardon
be higher than six years,
the convict shall then suffer
the unexpired portion of his original sentence.
Chapter Seven
COMMISSION OF ANOTHER CRIME DURING SERVICE OF
PENALTY IMPOSED FOR ANOTHER PREVIOUS OFFENSE
Any convict of the class referred to in this article,
who is not a habitual criminal,
shall be pardoned at the age of seventy years
if he shall have already served out his original sentence, or
when he shall complete it after reaching the said age,
unless by reason of his conduct or
other circumstances
he shall not be worthy of such clemency.
Title Four
CRIMES AGAINST PUBLIC INTEREST
Chapter One
FORGERIES
Section One. Forging the seal of the Government of the
Philippine Islands, the signature or stamp of the Chief Executive.
Art. 161. Counterfeiting the great seal of the Government of the
Philippine Islands, forging the signature or stamp of the Chief Executive.
The penalty of reclusion temporal shall be imposed upon any person who
shall forge
the Great Seal of the Government of the Philippine Islands
or the signature or stamp of the Chief Executive.
Art. 162. Using forged signature or counterfeit seal or stamp.
The penalty of prision mayor shall be imposed upon any person
who shall knowingly make use of
the counterfeit seal or
forged signature or
stamp
mentioned in the preceding article.

Art. 160. Commission of another crime during service of penalty Section Two. Counterfeiting Coins
imposed for another offense; Penalty.
Besides the provisions of Rule 5 of Article 62, Art. 163. Making and importing and uttering false coins.
any person who shall commit a felony Any person who
after having been convicted by final judgment, makes,
before beginning to serve such sentence, or imports, or
while serving the same, utters,
shall be punished by the maximum period of false coins,
the penalty prescribed by law for the new felony. in connivance with counterfeiters, or importers,
shall suffer:

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Prision mayor in its minimum and medium periods and Art. 166. Forging treasury or bank notes on other documents payable to
a fine not to exceed P10,000 pesos, bearer; importing, and uttering such false or forged notes and
if the counterfeited coin be documents.
silver coin of the Philippines or The forging or falsification of
coin of the Central Bank of the Philippines of treasury or
ten centavo denomination or above. bank notes or
certificates or
2. Prision correccional in its minimum and medium periods and other obligations and
a fine of not to exceed P2,000 pesos, securities payable to bearer and
if the counterfeited coins be any of the minor coinage of the importation and uttering in connivance with forgers or importers
the Philippines or of of such false or forged obligations or notes,
the Central Bank of the Philippines shall be punished as follows:
below ten-centavo denomination.
1. By reclusion temporal in its minimum period and
3. Prision correccional in its minimum period and a fine not to exceed P10,000 pesos,
a fine not to exceed P1,000 pesos, if the document which has been falsified, counterfeited, or altered, is
if the counterfeited coin be currency of a foreign country. an obligations or security
(As amended by R.A. No. 4202, approved June 19, 1965). of the United States or
of the Philippines Islands.
Art. 164. Mutilation of coins; Importation and utterance of mutilated The word "obligation or security
coins. of the United States or
The penalty of prision correccional in its minimum period and of the Philippine Islands"
a fine not to exceed P2,000 pesos shall be held to mean all
shall be imposed upon any person who bonds,
shall mutilate coins of the legal currency certificates of indebtedness,
of the United States or national bank notes,
of the Philippine Islands or fractional notes,
import or utter mutilated current coins, or certificates of deposit,
in connivance with mutilators or importers. bills,
checks, or
Art. 165. Selling of false or mutilated coin, without connivance. drafts for money,
The person who knowingly, although drawn by or upon authorized officers
without the connivance mentioned in the preceding articles, of the United States or
shall possess false or mutilated coin with intent to utter the same, or of the Philippine Islands, and
shall actually utter such coin, other representatives of value,
shall suffer a penalty lower by one degree of whatever denomination,
than that prescribed in said articles. which have been or may be issued under
any act of the Congress
Section Three. Forging treasury or bank notes, obligations and of the United States or
securities; importing and uttering false or forged notes, of the Philippine Legislature.
obligations and securities

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CRIM2 Codal Provisions
2. By prision mayor in its maximum period and Art. 169. How forgery is committed.
a fine not to exceed P5,000 pesos, The forgery referred to in this section
if the falsified or altered document is a circulating note may be committed by any of the following means:
issued by any banking association By giving to
duly authorized by law to issue the same. a treasury or
bank note or
3. By prision mayor in its medium period and any instrument,
a fine not to exceed P5,000 pesos, payable to bearer or order mentioned therein,
if the falsified or counterfeited document the appearance of a true genuine document.
was issued by a foreign government.
By erasing,
4. By prision mayor in its minimum period and substituting,
a fine not to exceed P2,000 pesos, counterfeiting or
when the forged or altered document is altering
a circulating note or bill by any means the
issued by a foreign bank duly authorized therefor. figures,
letters,
Art. 167. Counterfeiting, importing and uttering instruments not words or
payable to bearer. signs contained therein.
Any person who shall
forge, Section Four. Falsification of legislative, public, commercial, and
import or privatedocuments, and wireless, telegraph, and telephone message.
utter,
in connivance with the forgers or importers, Art. 170. Falsification of legislative documents.
any instrument payable to order or The penalty of prision correccional in its maximum period and
other document of credit not payable to bearer, a fine not exceeding P6,000 pesos
shall suffer the penalties of prision correccional shall be imposed upon any person who,
in its medium and maximum periods and without proper authority therefor alters
a fine not exceeding P6,000 pesos. any bill,
resolution, or
Art. 168. Illegal possession and use of false treasury or bank notes and ordinance
other instruments of credit. enacted or
Unless the act be one of those coming under the provisions of approved or
any of the preceding articles, pending approval
any person who shall knowingly use or by either House of the Legislature or
have in his possession, with intent to use any provincial board or
any of the false or falsified instruments municipal council.
referred to in this section,
shall suffer the penalty next lower in degree
than that prescribed in said articles.

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Art. 171. Falsification by public officer, employee or notary or including in such a copy a statement
ecclesiastic minister. contrary to, or
The penalty of prision mayor and different from,
a fine not to exceed P5,000 pesos that of the genuine original; or
shall be imposed upon any
public officer, 8. Intercalating
employee, or any instrument or
notary note
who, taking advantage of his official position, relative to the issuance thereof
shall falsify a document in a protocol,
by committing any of the following acts: registry, or
official book.
1. Counterfeiting or
imitating The same penalty shall be imposed
any handwriting, upon any ecclesiastical minister
signature or who shall commit any of the offenses
rubric; enumerated in the preceding paragraphs of this article,
with respect to any record or document
2. Causing it to appear that persons have participated of such character that its falsification
in any act or may affect the civil status of persons.
proceeding
when they did not in fact so participate; Art. 172. Falsification by private individual and use of falsified
documents.
3. Attributing to persons who have participated The penalty of prision correccional in its medium and maximum periods and
in an act or a fine of not more than P5,000 pesos
proceeding statements shall be imposed upon:
other than those in fact made by them;
1. Any private individual
4. Making untruthful statements who shall commit any of the falsifications
in a narration of facts; enumerated in the next preceding article
in any public or
5. Altering true dates; official document or
letter of exchange or
6. Making any any other kind of commercial document; and
alteration or
intercalation 2. Any person who,
in a genuine document to the damage of a third party, or
which changes its meaning; with the intent to cause such damage,
shall in any private document
7. Issuing in an authenticated form commit any of the acts of falsification
a document purporting to be a copy of enumerated in the next preceding article.
an original document when no such original exists, or
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CRIM2 Codal Provisions
Any person surgeon
who shall knowingly introduce who, in connection, with the practice of his profession,
in evidence shall issue a false certificate; and
in any judicial proceeding or
to the damage of another or 2. Any public officer
who, with the intent to cause such damage, who shall issue a false certificate of
shall use any of the false documents merit of service,
embraced in the next preceding article, or good conduct or s
in any of the foregoing subdivisions of this article, imilar circumstances.
shall be punished by the penalty next lower in degree.
The penalty of arresto mayor shall be imposed upon
Art. 173. Falsification of wireless, cable, telegraph and telephone any private person who shall falsify a certificate
messages, and use of said falsified messages. falling within the classes mentioned
The penalty of prision correccional in its medium and maximum periods in the two preceding subdivisions.
shall be imposed upon officer or employee
of the Government or Art. 175. Using false certificates.
of any private corporation or The penalty of arresto menor shall be imposed upon any one
concern engaged in the service of sending or receiving who shall knowingly use any of the false certificates
wireless, mentioned in the next preceding article.
cable or
telephone message Section Six. Manufacturing, importing and possession of instruments
who utters a fictitious or implements intended for the commission of falsification.
wireless,
telegraph or Art. 176. Manufacturing and possession of instruments or implements
telephone message for falsification.
of any system or The penalty of prision correccional in its medium and maximum periods and
falsifies the same. a fine not to exceed P10,000 pesos
shall be imposed upon any person who
Any person who shall use such falsified dispatch shall make or introduce into the Philippine Islands any
to the prejudice of a third party or stamps,
with the intent of cause such prejudice, dies,
shall suffer the penalty next lower in degree. marks, or
other instruments or implements
Art. 174. False medical certificates, false certificates of merits or service, intended to be used in the commission of the offenses of
etc. counterfeiting or falsification
mentioned in the preceding sections of this Chapter.
The penalties of Any person who, with the intention of using them,
arresto mayor in its maximum period shall have in his possession any of the instruments or implements
to prision correccional in its minimum period and mentioned in the preceding paragraphs,
a fine not to exceed P1,000 pesos shall be imposed upon: shall suffer the penalty next lower in degree
than that provided therein.
1. Any physician or Chapter Two
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CRIM2 Codal Provisions
OTHER FALSIFICATIONS Art. 179. Illegal use of uniforms or insignia.
The penalty of arresto mayor
Sec. One. Usurpation of authority, rank, title, and improper use of shall be imposed upon
names, uniforms and insignia. any person who shall publicly and improperly
make use of
Art. 177. Usurpation of authority or official functions. insignia,
Any person who uniforms or
shall knowingly and falsely represent himself to be dress
an officer, pertaining to an office
agent or not held by such person or
representative to a class of persons
of any department or of which he is not a member.
agency
of the Philippine Government Section Two. False testimony
or of any foreign government,
or who, under pretense of official position, Art. 180. False testimony against a defendant.
shall perform any act Any person
pertaining to any person in authority or who shall give false testimony
public officer of the Philippine Government or against the defendant
any foreign government, or in any criminal case
any agency thereof, shall suffer:
without being lawfully entitled to do so,
shall suffer the penalty of prision correccional 1. The penalty of reclusion temporal,
in its minimum and medium periods. if the defendant in said case shall have been sentenced to death;

Art. 178. Using fictitious name and concealing true name. 2. The penalty of prision mayor,
The penalty of arresto mayor and if the defendant shall have been sentenced to
a fine not to exceed 500 pesos reclusion temporal or reclusion perpetua;
shall be imposed upon any person
who shall publicly use a fictitious namefor the purpose of 3. The penalty of prision correccional,
concealing a crime, if the defendant shall have been sentenced to
evading the execution of a judgment or any other afflictive penalty; and
causing damage.
4. The penalty of arresto mayor,
Any person who conceals his true name and if the defendant shall have been sentenced to
other personal circumstances a correctional penalty or
shall be punished by arresto menor or a fine, or
a fine not to exceed 200 pesos. shall have been acquitted.
In cases provided in subdivisions 3 and 4 of this article
the offender shall further suffer a fine not to exceed 1,000 pesos.

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CRIM2 Codal Provisions
Art. 181. False testimony favorable to the defendants.
Any person who shall give false testimony
in favor of the defendant in a criminal case,
shall suffer the penalties of
arresto mayor in its maximum period
to prision correccional in its minimum period and
a fine not to exceed 1,000 pesos,
if the prosecution is for a felony punishable by
an afflictive penalty, and
the penalty of arresto mayor
in any other case.
Art. 182. False testimony in civil cases.
Any person found guilty of false testimony in a civil case shall suffer
the penalty of prision correccional in its minimum period and
a fine not to exceed 6,000 pesos,
if the amount in controversy shall exceed 5,000 pesos, and
the penalty of arresto mayor in its maximum period to
prision correccional in its minimum period and
a fine not to exceed 1,000 pesos,
if the amount in controversy shall not exceed said amount or
cannot be estimated.
Art. 183. False testimony in other cases and perjury in solemn
affirmation.
The penalty of arresto mayor in its maximum period to
prision correccional in its minimum period
shall be imposed upon any person, who
knowingly makes untruthful statements and
not being included in the provisions of the next preceding articles,
shall testify under oath, or
make an affidavit, upon any material matter
before a competent person
authorized to administer an oath
in cases in which the law so requires.
Any person who, in case of a solemn affirmation made in lieu of an oath,
shall commit any of the falsehoods
mentioned in this and the three preceding articles of this section,
shall suffer the respective penalties provided therein.
Page 20
Art. 184. Offering false testimony in evidence.
Any person who shall knowingly offer in evidence
a false witness or
testimony
in any judicial or official proceeding,
shall be punished as guilty of false testimony and
shall suffer the respective penalties
provided in this section.
Chapter Three
FRAUDS
Section One. Machinations, monopolies and combinations
Art. 185. Machinations in public auctions.
Any person who shall solicit any gift or promise as a consideration
for refraining from taking part in any public auction, and
any person who shall attempt to cause bidders to stay away from an auction
by threats,
gifts,
promises, or
any other artifice,
with intent to cause
the reduction of the price of the thing auctioned,
shall suffer the penalty of prision correccional
in its minimum period and
a fine ranging from 10 to 50 per centum of the value
of the thing auctioned.
Art. 186. Monopolies and combinations in restraint of trade.
The penalty of prision correccional in its minimum period or
a fine ranging from 200 to 6,000 pesos, or
both,
shall be imposed upon:
1. Any person who
shall enter into any contract or agreement or
shall take part in any conspiracy or combination
in the form of a trust or otherwise,
in restraint of trade or commerce or
to prevent by artificial means free competition in the market;
CRIM2 Codal Provisions
2. Any person who of any article in the manufacture of which
shall monopolize any merchandise or object of trade or commerce, or such manufactured,
shall combine with any other person or persons produced, or
to monopolize and merchandise or object imported
in order to alter the price thereof merchandise or object of commerce is used.
by spreading false rumors or
making use of any other article If the offense mentioned in this article affects any
to restrain free competition in the market; food substance,
motor fuel or
3. Any person who, being lubricants, or
a manufacturer, other articles of prime necessity,
producer, or the penalty shall be that of
processor prision mayor in its maximum and medium periods
of any merchandise or object of commerce or it being sufficient for the imposition thereof
an importer of any merchandise or object of commerce that the initial steps have been taken
from any foreign country, either as toward carrying out the purposes of the combination.
principal or agent,
wholesaler or retailer, Any property
shall combine, possessed under any contract or
conspire or by any combination mentioned in the preceding paragraphs, and
agree being the subject thereof,
in any manner with any person likewise engaged in shall be forfeited to the Government of the Philippines.
the manufacture,
production, Whenever any of the offenses described above is
processing, committed by a corporation or association,
assembling or the president and
importation each one of its agents or representatives in the Philippines
of such merchandise or in case of a foreign corporation or association,
object of commerce or who shall have knowingly permitted or
with any other persons failed to prevent the commission of such offense,
not so similarly engaged shall be held liable as principals thereof.
for the purpose
of making transactions prejudicial to lawful commerce, or Section Two. Frauds in commerce and industry
of increasing the market price
in any part of the Philippines, Art. 187. Importation and disposition of falsely marked articles or
of any such merchandise or object of commerce merchandise made of gold, silver, or other precious metals or their
manufactured, alloys.
produced, The penalty of prision correccional or
processed, a fine ranging from 200 to 1,000 pesos, or
assembled in or both,
imported into shall be imposed on any person who
the Philippines, or shall knowingly import or
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CRIM2 Codal Provisions
sell or Art. 188. Subsisting and altering trade-mark, trade-names, or service
dispose of marks.
any article or merchandise made of 1. The penalty of prision correccional in its minimum period or a fine ranging
gold, from 50 to 2,000 pesos, or both, shall be imposed upon:
silver, or
other precious metals, or 1. Any person who
their alloys, with shall substitute
stamps, the trade name or trade-mark of some
brands, or other manufacturer or
marks dealer or
which fail to indicate a colorable imitation thereof,
the actual fineness or quality of for the trademark of
said metals or alloys. the real manufacturer or dealer
upon any article of commerce and
Any stamp, shall sell the same;
brand,
label, or 2. Any person who
mark shall sell such articles of commerce or
shall be deemed to fail to indicate the actual fineness of the article offer the same for sale,
on which it is knowing that the trade-name or trade- mark
engraved, has been fraudulently used in such goods
printed, as described in the preceding subdivision;
stamped,
labeled or 3. Any person who,
attached, in the sale or advertising of his services,
when the rest of the article shows that shall use or substitute the service mark of some other person,
the quality or fineness thereof is or a colorable imitation of such mark; or
less by more than one-half karat,
if made of gold, and 4. Any person who, knowing the purpose for which
less by more than four one-thousandth, the trade-name,
if made of silver, trade-mark, or
than what is shown by said service mark
stamp, of a person is to be
brand, used,
label or prints,
mark. lithographs, or
in any way reproduces such
But in case of watch cases and flatware made of gold, trade-name,
the actual fineness of such gold trade-mark, or
shall not be less by more than three one-thousandth service mark, or
than the fineness indicated by said stamp, a colorable imitation thereof,
brand, label, or mark.
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CRIM2 Codal Provisions
for another person, to enable that other person to fraudulently use such Art. 189. Unfair competition, fraudulent registration of trade-mark,
trade-name, trade-name or service mark, fraudulent designation of origin, and false
trade-mark, or description.
service mark
on his own goods or The penalty provided in the next proceeding article shall be imposed upon:
in connection with the sale or advertising of his services.
A trade-name or trade-mark as herein used is 1. Any person who,
a word or words, in unfair competition and
name, for the purposes of deceiving or defrauding
title, another
symbol, of his legitimate trade or
emblem, the public in general,
sign or shall sell his goods
device, or giving them the general appearance of goods
any combination thereof of another manufacturer or dealer, either
used as an as to the goods themselves, or
advertisement, in the wrapping of the packages
sign, in which they are contained or
label, the device or words thereon or
poster, or otherwise, in any other features of their appearance
for the purpose of enabling the public which would be likely to induce the public
to distinguish the business of the person to believe that the goods offered are
who owns and uses said trade-name or trade-mark. those of a manufacturer or dealer
other than the actual manufacturer or dealer
A service mark as herein used is or shall give other persons
a mark used in the sale or advertising of services a chance or opportunity to do the same
to identify the services of one person and with a like purpose.
distinguish them from the services of others and
includes without limitation the 2. Any person who
marks, shall
names, affix,
symbols, apply,
titles, annex or
designations, use
slogans, in connection with any goods or services or
character names, and any container or containers
distinctive features of for goods a false designation of origin or
radio or other advertising. any false description or representation and
shall sell such goods or services.

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CRIM2 Codal Provisions
3. Any person who of any goods or services
by means of false or fraudulent representation or on or in connection with which
declarations orally or in writing or such use is likely
by other fraudulent means to cause confusion, or
shall procure from the patent office or to cause mistake, or
from any other office to deceive; or
which may hereafter be established by law 155.2.
for the purposes the registration of Reproduce,
a trade-name, counterfeit,
trade-mark or copy or
service mark or colorably imitate
of himself as the owner of such a registered mark or
trade-name, a dominant feature thereof and
trade-mark or apply such reproduction, counterfeit, copy or colorable imitation
service mark or to labels,
an entry respecting signs,
a trade-name, prints,
trade-mark or packages,
service mark. wrappers,
receptacles or
advertisements
The Intellectual Property Code of the Philippines intended to be used in commerce upon or
Republic Act No. 8293 in connection with the sale,
offering for sale,
WHO IS LIABLE FOR INFRINGMENT? distribution, or
advertising
Sec. 155. Remedies; Infringement. - of goods or services
Any person who shall, on or in connection with which such use
without the consent of the owner of the registered mark: is likely to cause confusion, or
to cause mistake, or
155.1. Use in commerce to deceive,
any reproduction, counterfeit, copy, or colorable imitation (RCCC)
of a registered mark or 121.1. "Mark" means any visible sign capable of distinguishing the goods
the same container or (trademark) or services (service mark) of an enterprise and shall include a
a dominant feature thereof stamped or marked container of goods; (Sec. 38, R. A. No. 166a)
in connection with the sale, 121.3. "Trade name" means the name or designation identifying or
offering for sale, distinguishing an enterprise; (Sec. 38, R. A. No. 166a)
distribution,
advertising
of any goods or services
including other preparatory steps
necessary to carry out the sale
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CRIM2 Codal Provisions
UNFAIR COMPETITION who employs any other means calculated to induce the false belief
that such person is offering the services of another
Who has right to be protected? who has identified such services in the mind of the public; or

Sec. 168. Unfair Competition, Rights, Regulation and Remedies. - (c) Any person
who shall make any false statement
168.1. A person who has identified in the mind of the public in the course of trade or
the goods he manufactures or deals in, who shall commit any other act contrary to good faith of
his business or services from those of others, a nature calculated to discredit
whether or not a registered mark is employed, the goods,
has a property right in the goodwill of the said business or
goods, business or services services of another.
so identified, which will be protected
in the same manner as other property rights. Definition

Who is liable? 168.2.Any person

who shall employ
168.3. In particular, and without in any way limiting the scope of protection deception or
against unfair competition, any other means contrary to good faith by which
the following shall be deemed guilty of unfair competition: he shall pass off the goods
manufactured by him or
(a) Any person, in which he deals, or
who is selling his goods and gives them the general appearance of his business, or
goods of another manufacturer or dealer, services
either as to the goods themselves or for those of the one having established such goodwill, or
in the wrapping of the packages in which they are contained, who shall commit any acts calculated to produce said result,
or the devices or words thereon, shall be guilty of unfair competition, and
or in any other feature of their appearance, shall be subject to an action therefor.
which would be likely to influence purchasers
to believe that the goods offered are Elements
those of a manufacturer or dealer, 1. Confusing similarity
other than the actual manufacturer or dealer, 2. Intent to deceive the public and defraud competitor
or who otherwise clothes the goods with such appearance
as shall deceive the public and defraud another of Trademark Infringement Unfair Competition
his legitimate trade, or
any subsequent vendor of such goods or Limited range Broader, more inclusive
any agent of any vendor
engaged in selling such goods with a like purpose;
(b) Any person
who by
any artifice, or
device, or
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CRIM2 Codal Provisions
Trademark Infringement
Identified peculiar symbol/mark with
goods > acq. property rights
Unfair Competition association
of such person with another person, or
identified the goods manufactured or as to the origin,
deals in from those of others, w/n sponsorship, or
thru a mark or trade name approval
of his or her goods, services, or commercial activities
has property rights and goodwill by another person; or

use trademark/tradename of another gives his good the general
and sells the goods appearance of the goods of another
manufacturer or dealer and sells
unauthorized use of trademark passing of ones goods as those of
another
(b) in commercial advertising or promotion,
misrepresents
the nature, characteristics, qualities, or geographic origin
of his or her or another persons
goods, services, or commercial activities,

fraudulent intent unnecessary fraudulent intent essential USE OF DULY STAMPED OR MARKED CONTAINERS

prior reg. of TM prerequisite reg. not necessary REPUBLIC ACT No. 5700

AN ACT AMENDING CERTAIN SECTIONS OF REPUBLIC ACT

FALSE DESIGNATION OF ORIGIN OR FALSE DECEPTION OR NUMBERED SIX HUNDRED TWENTY-THREE AS TO INCLUDE
REPRESENTATION THE CONTAINERS OF COMPRESSED GASES WITHIN THE
PURVIEW OF THE SAID ACT.
Sec. 169. False Designations of Origin; False Description or
Representation. "Sec. 2. It shall be unlawful for any person, without the written consent of
the manufacturer, bottle, or seller, who has successfully registered the
169.1. Any person marks of ownership in accordance with the provisions of the next preceding
who, on or in connection with section, to fill such bottles, boxes, kegs, barrels, steel cylinders, tanks, flasks,
any goods or services, or accumulators, or other similar containers so marked or stamped, for the
any container for goods, purpose of sale, or to sell, dispose of, buy or traffic in, or wantonly destroy
uses in commerce any the same, whether filled or not to use the same for drinking vessels or glasses
word, term, name, symbol, or device, or or drain pipes, foundation pipes, for any other purpose than that registered by
any combination thereof, or the manufacturer, bottler or seller. Any violation of this section shall be
any false designation of origin, punished by a fine of not more than one thousand pesos or imprisonment of
false or misleading description of fact, or not more than one year or both.
false or misleading representation of fact,
which:

(a) is likely to cause confusion, or

to cause mistake, or
to deceive as to
the affiliation,
connection, or
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CRIM2 Codal Provisions
SMUGGLING OR ILLEGAL IMPORTATION
REPUBLIC ACT NO. 455
REPUBLIC ACT NO. 455 - AN ACT TO AMEND SECTION TWO
THOUSAND SEVEN HUNDRED AND TWO, AND TWO THOUSAND
SEVEN HUNDRED AND THREE OF THE REVISED
ADMINISTRATIVE CODE
"Sec. 2702. Unlawful importation of merchandise.
Any person who shall fraudulently or knowingly import or bring into the
Philippines, or assist in so doing, any merchandise, contrary to law, or shall
receive, conceal, buy, sell, or in any manner facilitate the transportation,
concealment, or sale of such merchandise after importation, knowing the
same to have been imported contrary to law, shall be punished by a fine of
not less than six hundred pesos but not more than five thousand pesos and by
imprisonment for not less than three months nor more than two years and, if
the offender is an alien, he may be subject to deportation.
"When, upon trial for a violation of this section, the defendant is shown to
have or to have had possession of the merchandise in question, such
possession shall be deemed sufficient evidence to authorize conviction,
unless the defendant shall explain the possession to the satisfaction of the
court."
Title Five
CRIMES RELATIVE TO OPIUM AND
OTHER PROHIBITED DRUGS
ART 190-193: reapeled by RA 6425 (Dangerous Drugs Act 1972)
amended by P.S. No. 1683 further amended by R.A. 7659
Art. 194. Prescribing opium unnecessary for a patient.
The penalty of prision correccional or
a fine ranging from 300 to 10,000 pesos, or
both
shall be imposed upon any
physician or
dentist
who shall prescribe opium for any person
whose physical condition does not require
the use of the same.
Page 27
R.A. 9165 Comprehensive Dangerous Drugs Act of 2002
repealed RA 6425 and amended R.A. 7659
Section 98. Limited Applicability of the Revised Penal Code.
Notwithstanding any law, rule or regulation to the contrary, the provisions of
the Revised Penal Code (Act No. 3814), as amended, shall not apply to the
provisions of this Act, except in the case of minor offenders. Where the
offender is a minor, the penalty for acts punishable by life imprisonment to
death provided herein shall be reclusion perpetua to death.
ACTS PUNISHED
Section 4. Importation of Dangerous Drugs and/or Controlled Precursors and
Essential Chemicals
Section 5. Sale, Trading, Administration, Dispensation, Delivery, Distribution
and Transportation of Dangerous Drugs and/or Controlled Precursors and
Essential Chemicals.
Section 6. Maintenance of a Den, Dive or Resort.
Section 7. Employees and Visitors of a Den, Dive or Resort. -
Section 8. Manufacture of Dangerous Drugs and/or Controlled Precursors
and Essential Chemicals. -
Section 9. Illegal Chemical Diversion of Controlled Precursors and Essential
Chemicals. - The penalty of imprisonment ranging from twelve (12) years
and one (1) day to twenty (20) years and a fine ranging from One hundred
thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00)
shall be imposed upon any person, who, unless authorized by law, shall
illegally divert any controlled precursor and essential chemical.
Section 10. Manufacture or Delivery of Equipment, Instrument, Apparatus,
and Other Paraphernalia for Dangerous Drugs and/or Controlled Precursors
and Essential Chemicals. -
Section 11. Possession of Dangerous Drugs. -
Section 12. Possession of Equipment, Instrument, Apparatus and Other
Paraphernalia for Dangerous Drugs. -
CRIM2 Codal Provisions
Section 13. Possession of Dangerous Drugs During Parties, Social
Gatherings or Meetings.
Section 14. Possession of Equipment, Instrument, Apparatus and Other
Paraphernalia for Dangerous Drugs During Parties, Social Gatherings or
Meetings.
Section 15. Use of Dangerous Drugs.
Section 16. Cultivation or Culture of Plants Classified as Dangerous Drugs or
are Sources Thereof.
Section 17. Maintenance and Keeping of Original Records of Transactions on
Dangerous Drugs and/or Controlled Precursors and Essential Chemicals.
Section 18. Unnecessary Prescription of Dangerous Drugs.
Section 19. Unlawful Prescription of Dangerous Drugs.
Definition of Terms
(a) Administer. Any act of introducing any dangerous drug into the
body of any person, with or without his/her knowledge, by injection,
inhalation, ingestion or other means, or of committing any act of
indispensable assistance to a person in administering a dangerous drug to
himself/herself unless administered by a duly licensed practitioner for
purposes of medication.
(d) Chemical Diversion. The sale, distribution, supply or transport of
legitimately imported, in-transit, manufactured or procured controlled
precursors and essential chemicals, in diluted, mixtures or in concentrated
form, to any person or entity engaged in the manufacture of any dangerous
drug, and shall include packaging, repackaging, labeling, relabeling or
concealment of such transaction through fraud, destruction of documents,
fraudulent use of permits, misdeclaration, use of front companies or mail
fraud.
(f) Confirmatory Test. An analytical test using a device, tool or
equipment with a different chemical or physical principle that is more
specific which will validate and confirm the result of the screening test.
Page 28
(i) Cultivate or Culture. Any act of knowingly planting, growing, raising,
or permitting the planting, growing or raising of any plant which is the
source of a dangerous drug.
(j) Dangerous Drugs. Include those listed in the Schedules annexed to
the 1961 Single Convention on Narcotic Drugs, as amended by the 1972
Protocol, and in the Schedules annexed to the 1971 Single Convention on
Psychotropic Substances as enumerated in the attached annex which is an
integral part of this Act.
(k) Deliver. Any act of knowingly passing a dangerous drug to another,
personally or otherwise, and by any means, with or without consideration.
(l) Den, Dive or Resort. A place where any dangerous drug and/or
controlled precursor and essential chemical is administered, delivered,
stored for illegal purposes, distributed, sold or used in any form.
(m) Dispense. Any act of giving away, selling or distributing medicine or
any dangerous drug with or without the use of prescription.
(p) Employee of Den, Dive or Resort. The caretaker, helper, watchman,
lookout, and other persons working in the den, dive or resort, employed
by the maintainer, owner and/or operator where any dangerous drug and/or
controlled precursor and essential chemical is administered, delivered,
distributed, sold or used, with or without compensation, in connection with
the operation thereof.
(q) Financier. Any person who pays for, raises or supplies money for, or
underwrites any of the illegal activities prescribed under this Act.
(r) Illegal Trafficking. The illegal cultivation, culture, delivery,
administration, dispensation, manufacture, sale, trading, transportation,
distribution, importation, exportation and possession of any dangerous
drug and/or controlled precursor and essential chemical.
(u) Manufacture. The production, preparation, compounding or
processing of any dangerous drug and/or controlled precursor and
essential chemical, either directly or indirectly or by extraction from
substances of natural origin, or independently by means of chemical
synthesis or by a combination of extraction and chemical synthesis, and shall
include any packaging or repackaging of such substances, design or
configuration of its form, or labeling or relabeling of its container; except
CRIM2 Codal Provisions
that such terms do not include the preparation, compounding, packaging or
labeling of a drug or other substances by a duly authorized practitioner as an
incident to his/her administration or dispensation of such drug or substance in
the course of his/her professional practice including research, teaching and
chemical analysis of dangerous drugs or such substances that are not
intended for sale or for any other purpose.
(v) Cannabis or commonly known as "Marijuana" or "Indian Hemp" or
by its any other name. Embraces every kind, class, genus, or specie of
the plant Cannabis sativa L. including, but not limited to, Cannabis
americana, hashish, bhang, guaza, churrus and ganjab, and embraces every
kind, class and character of marijuana, whether dried or fresh and flowering,
flowering or fruiting tops, or any part or portion of the plant and seeds
thereof, and all its geographic varieties, whether as a reefer, resin, extract,
tincture or in any form whatsoever.
(w) Methylenedioxymethamphetamine (MDMA) or commonly known as
"Ecstasy", or by its any other name. Refers to the drug having such
chemical composition, including any of its isomers or derivatives in any
form.
(x) Methamphetamine Hydrochloride or commonly known as "Shabu",
"Ice", "Meth", or by its any other name. Refers to the drug having
such chemical composition, including any of its isomers or derivatives in
any form.
(y) Opium. Refers to the coagulated juice of the opium poppy (Papaver
somniferum L.) and embraces every kind, class and character of opium,
whether crude or prepared; the ashes or refuse of the same; narcotic
preparations thereof or therefrom; morphine or any alkaloid of opium;
preparations in which opium, morphine or any alkaloid of opium enters as an
ingredient; opium poppy; opium poppy straw; and leaves or wrappings of
opium leaves, whether prepared for use or not.
(z) Opium Poppy. Refers to any part of the plant of the species Papaver
somniferum L., Papaver setigerum DC, Papaver orientale, Papaver
bracteatum and Papaver rhoeas, which includes the seeds, straws, branches,
leaves or any part thereof, or substances derived therefrom, even for
floral, decorative and culinary purposes.
(cc) Planting of Evidence. The willful act by any person of maliciously
and surreptitiously inserting, placing, adding or attaching directly or
Page 29
indirectly, through any overt or covert act, whatever quantity of any
dangerous drug and/or controlled precursor and essential chemical in the
person, house, effects or in the immediate vicinity of an innocent individual
for the purpose of implicating, incriminating or imputing the commission of
any violation of this Act.
(dd) Practitioner. Any person who is a licensed physician, dentist,
chemist, medical technologist, nurse, midwife, veterinarian or pharmacist in
the Philippines.
(ee) Protector/Coddler. Any person who knowingly and willfully
consents to the unlawful acts provided for in this Act and uses his/her
influence, power or position in shielding, harboring, screening or
facilitating the escape of any person he/she knows, or has reasonable
grounds to believe on or suspects, has violated the provisions of this Act in
order to prevent the arrest, prosecution and conviction of the violator.
(ff) Pusher. Any person who sells, trades, administers, dispenses, delivers
or gives away to another, on any terms whatsoever, or distributes, dispatches
in transit or transports dangerous drugs or who acts as a broker in any of such
transactions, in violation of this Act.
(ii) Sell. Any act of giving away any dangerous drug and/or controlled
precursor and essential chemical whether for money or any other
consideration.
(jj) Trading. Transactions involving the illegal trafficking of dangerous
drugs and/or controlled precursors and essential chemicals using
electronic devices such as, but not limited to, text messages, email, mobile or
landlines, two-way radios, internet, instant messengers and chat rooms or
acting as a broker in any of such transactions whether for money or any other
consideration in violation of this Act.
(kk) Use. Any act of injecting, intravenously or intramuscularly, of
consuming, either by chewing, smoking, sniffing, eating, swallowing,
drinking or otherwise introducing into the physiological system of the
body, and of the dangerous drugs.
CRIM2 Codal Provisions
ACTS PUNISHABLE
Section & Penalty
Section 4. Importation of
Dangerous Drugs and/or
Controlled Precursors and
Essential Chemicals
The penalty of life
imprisonment to death and a
ranging from Five hundred
thousand pesos (P500,000.00)
to Ten million pesos
(P10,000,000.00)
The penalty of imprisonment
ranging from twelve (12) years
and one (1) day to twenty (20)
years and a fine ranging from
One hundred thousand pesos
(P100,000.00) to Five hundred
thousand pesos (P500,000.00)
The maximum penalty
provided for under this Section
shall be imposed
The maximum penalty
provided for under this Section
shall be imposed
The penalty of twelve (12)
years and one (1) day to twenty "protector/coddler" of any violator of the
(20) years of imprisonment and provisions under this Section.
a fine ranging from One
hundred thousand pesos
(P100,000.00) to Five hundred
thousand pesos (P500,000.00
Section & Penalty
Act
Section 5. Sale, Trading,
Administration,
Dispensation, Delivery,
Distribution and
Transportation of Dangerous
Drugs and/or Controlled
any person, who, unless authorized by law, shall Precursors and Essential
import or bring into the Philippines any Chemicals. - shall be imposed
dangerous drug, regardless of the quantity and upon
purity involved, including any and all species of
opium poppy or any part thereof or substances The penalty of life
derived therefrom even for floral, decorative and imprisonment to death and a
culinary purposes. fine ranging from Five hundred
thousand pesos (P500,000.00)
shall be imposed upon any person, who, unless to Ten million pesos
authorized by law, shall import any controlled (P10,000,000.00)
precursor and essential chemical.
The penalty of imprisonment
ranging from twelve (12) years
and one (1) day to twenty (20)
years and a fine ranging from
any person, who, unless authorized under this One hundred thousand pesos
Act, shall import or bring into the Philippines (P100,000.00) to Five hundred
any dangerous drug and/or controlled thousand pesos (P500,000.00)
precursor and essential chemical through the shall be imposed
use of a diplomatic passport, diplomatic facilities
or any other means involving his/her official the maximum penalty shall be
status intended to facilitate the unlawful entry of imposed in every case.
the same. In addition, the diplomatic passport
shall be confiscated and canceled.
any person, who organizes, manages or acts as
a "financier" of any of the illegal activities the maximum penalty shall be
prescribed in this Section. imposed in every case.
shall be imposed upon any person, who acts as a
Page 30
Act
any person, who, unless authorized by law, shall
sell, trade, administer, dispense, deliver, give
away to another, distribute dispatch in transit
or transport any dangerous drug, including
any and all species of opium poppy regardless
of the quantity and purity involved, or shall act
as a broker in any of such transactions.
any person, who, unless authorized by law, shall
sell, trade, administer, dispense, deliver, give
away to another, distribute, dispatch in transit
or transport any controlled precursor and
essential chemical, or shall act as a broker in
such transactions.
If the sale, trading, administration, dispensation,
delivery, distribution or transportation of any
dangerous drug and/or controlled precursor and
essential chemical transpires within one
hundred (100) meters from the school,
For drug pushers who use minors or mentally
incapacitated individuals as runners, couriers
and messengers, or in any other capacity
directly connected to the dangerous drugs and/or
controlled precursors and essential chemical
trade,
CRIM2 Codal Provisions
Section & Penalty Act Section & Penalty Act
the maximum penalty provided If the victim of the offense is a minor or a the penalty of death and a fine Should any dangerous drug be the proximate
for under this Section shall be mentally incapacitated individual, or should a ranging from One million cause of the death of a person using the same
imposed. dangerous drug and/or a controlled precursor and (P1,000,000.00) to Fifteen in such den, dive or resort, shall be imposed on
essential chemical involved in any offense herein million pesos (P500,000.00) the maintainer, owner and/or operator.
provided be the proximate cause of death of a
victim thereof, the same shall be confiscated If such den, dive or resort is owned by a third
and escheated in favor of the person,
The maximum penalty any person who organizes, manages or acts as government
provided for under this Section a "financier" of any of the illegal activities Provided, That the criminal complaint shall
shall be imposed prescribed in this Section. specifically allege that such place is
intentionally used in the furtherance of the
The penalty of twelve (12) any person, who acts as a "protector/coddler" crime:
years and one (1) day to twenty of any violator of the provisions under this
(20) years of imprisonment and Section. Provided, further, That the prosecution shall
a fine ranging from One prove such intent on the part of the owner to
hundred thousand pesos use the property for such purpose: Provided,
(P100,000.00) to Five hundred finally, That the owner shall be included as an
thousand pesos (P500,000.00) accused in the criminal complaint.
shall be imposed
The maximum penalty any person who organizes, manages or acts as a
provided for under this Section "financier" of any of the illegal activities
shall be imposed prescribed in this Section.
Section 6. Maintenance of a
Den, Dive or Resort. The penalty twelve (12) years any person, who acts as a "protector/coddler"
and one (1) day to twenty (20) of any violator of the provisions under this
The penalty of life any person or group of persons who shall
years of imprisonment and a Section.
imprisonment to death and a maintain a den, dive or resort where any
fine ranging from One hundred
fine ranging from Five hundred dangerous drug is used or sold in any form.
thousand pesos (P100,000.00)
thousand pesos (P500,000.00)
to Five hundred thousand
to Ten million pesos
pesos (P500,000.00) shall be
(P10,000,000.00)
imposed
The penalty of imprisonment any person or group of persons who shall
ranging from twelve (12) years maintain a den, dive, or resort where any
and one (1) day to twenty (20) controlled precursor and essential chemical is Section 7. Employees and
years and a fine ranging from used or sold in any form. Visitors of a Den, Dive or
One hundred thousand pesos Resort. -
(P100,000.00) to Five hundred
thousand pesos (P500,000.00)
The maximum penalty in every case where any dangerous drug is
provided for under this Section administered, delivered or sold to a minor who
shall be imposed is allowed to use the same in such a place.

Page 31
CRIM2 Codal Provisions
Section & Penalty
The penalty of imprisonment
ranging from twelve (12) years
and one (1) day to twenty (20)
years and a fine ranging from
One hundred thousand pesos
(P100,000.00) to Five hundred
thousand pesos (P500,000.00)
The maximum penalty
provided for under this Section
shall be imposed
the penalty of death and a fine
ranging from One million
(P1,000,000.00) to Fifteen
million pesos (P500,000.00)
the same shall be confiscated
and escheated in favor of the
government
The maximum penalty
provided for under this Section
shall be imposed
The penalty twelve (12) years
and one (1) day to twenty (20)
years of imprisonment and a
fine ranging from One hundred
thousand pesos (P100,000.00)
to Five hundred thousand
pesos (P500,000.00) shall be
imposed
Act Section & Penalty Act
any person or group of persons who shall Section 7. Employees and
maintain a den, dive, or resort where any Visitors of a Den, Dive or
controlled precursor and essential chemical is Resort. -
used or sold in any form.
The penalty of imprisonment (a) Any employee of a den, dive or resort, who
ranging from twelve (12) years is aware of the nature of the place as such; and
and one (1) day to twenty (20)
years and a fine ranging from
in every case where any dangerous drug is One hundred thousand pesos
administered, delivered or sold to a minor who (P100,000.00) to Five hundred
is allowed to use the same in such a place. thousand pesos (P500,000.00)
shall be imposed upon:
Should any dangerous drug be the proximate
cause of the death of a person using the same (b) Any person who, not being included in the
in such den, dive or resort, shall be imposed on provisions of the next preceding, paragraph, is
the maintainer, owner and/or operator. aware of the nature of the place as such and
shall knowingly visit the same
If such den, dive or resort is owned by a third
person,
Provided, That the criminal complaint shall Section 8. Manufacture of
specifically allege that such place is Dangerous Drugs and/or
intentionally used in the furtherance of the Controlled Precursors and
crime: Essential Chemicals.
The penalty of life any person, who, unless authorized by law, shall
Provided, further, That the prosecution shall
imprisonment to death and a engage in the manufacture of any dangerous
prove such intent on the part of the owner to
fine ranging Five hundred drug.
use the property for such purpose: Provided,
thousand pesos (P500,000.00)
finally, That the owner shall be included as an
to Ten million pesos
accused in the criminal complaint.
(P10,000,000.00) shall be
any person who organizes, manages or acts as a imposed
"financier" of any of the illegal activities
The penalty of imprisonment any person, who, unless authorized by law, shall
prescribed in this Section.
ranging from twelve (12) years manufacture any controlled precursor and
any person, who acts as a "protector/coddler" and one (1) day to twenty (20) essential chemical.
of any violator of the provisions under this years and a fine ranging from
Section. One hundred thousand pesos
(P100,000.00) to Five hundred
thousand pesos (P500,000.00)
shall be imposed
Page 32
CRIM2 Codal Provisions
Section & Penalty
It shall be considered an
aggravating circumstance if the conducted in the presence or with the help of
clandestine laboratory is
undertaken or established
under the following
circumstances:
The maximum penalty
provided for under this Section
shall be imposed
The penalty of twelve (12)
years and one (1) day to twenty of any violator of the provisions under this
(20) years of imprisonment and Section.
a fine ranging from One
hundred thousand pesos
(P100,000.00) to Five hundred
thousand pesos (P500,000.00)
shall be imposed upon
Section 9. Illegal Chemical
Diversion of Controlled
Precursors and Essential
Chemicals. -
Act Section & Penalty Act
The presence of any controlled precursor and The penalty of imprisonment any person, who, unless authorized by law, shall
essential chemical or laboratory equipment in ranging from twelve (12) years illegally divert any controlled precursor and
the clandestine laboratory is a prima facie and one (1) day to twenty (20) essential chemical.
proof of manufacture of any dangerous drug. years and a fine ranging from
One hundred thousand pesos
(a) Any phase of the manufacturing process was (P100,000.00) to Five hundred
thousand pesos (P500,000.00)
minor/s: shall be imposed upon
Section 10. Manufacture or
(b) Any phase or manufacturing process was Delivery of Equipment,
established or undertaken within one hundred Instrument, Apparatus, and
(100) meters of a residential, business, church Other Paraphernalia for
or school premises; Dangerous Drugs and/or
Controlled Precursors and
(c) Any clandestine laboratory was secured or Essential Chemicals. -
protected with booby traps;
The penalty of imprisonment any person who shall deliver, possess with
(d) Any clandestine laboratory was concealed ranging from twelve (12) years intent to deliver, or manufacture with intent to
with legitimate business operations; or and one (1) day to twenty (20) deliver equipment, instrument, apparatus and
(e) Any employment of a practitioner, years and a fine ranging from other paraphernalia for dangerous drugs,
chemical engineer, public official or foreigner. One hundred thousand pesos knowing, or under circumstances where one
(P100,000.00) to Five hundred reasonably should know, that it will be used to
any person, who organizes, manages or acts as thousand pesos (P500,000.00) plant, propagate, cultivate, grow, harvest,
a "financier" of any of the illegal activities shall be imposed upon manufacture, compound, convert, produce,
prescribed in this Section. process, prepare, test, analyze, pack, repack,
store, contain or conceal any dangerous drug
any person, who acts as a "protector/coddler" and/or controlled precursor and essential
chemical in violation of this Act.
The penalty of imprisonment if it will be used to inject, ingest, inhale or
ranging from six (6) months otherwise introduce into the human body a
and one (1) day to four (4) dangerous drug in violation of this Act.
years and a fine ranging from
Ten thousand pesos
(P10,000.00) to Fifty thousand
pesos (P50,000.00) shall be
imposed
Page 33
CRIM2 Codal Provisions
Section & Penalty
The maximum penalty
provided for under this Section
shall be imposed upon
Section 11. Possession of
Dangerous Drugs. -
The penalty of life
imprisonment to death and a
fine ranging from Five hundred quantities, regardless of the degree of purity
thousand pesos (P500,000.00) thereof:
to Ten million pesos
(P10,000,000.00) shall be
imposed upon
Act
any person, who uses a minor or a mentally
incapacitated individual to deliver such
equipment, instrument, apparatus and other
paraphernalia for dangerous drugs.
any person, who, unless authorized by law, shall
possess any dangerous drug in the following
(1) 10 grams or more of opium;
(2) 10 grams or more of morphine;
(3) 10 grams or more of heroin;
(4) 10 grams or more of cocaine or cocaine
hydrochloride;
(5) 50 grams or more of methamphetamine
hydrochloride or "shabu";
(6) 10 grams or more of marijuana resin or
marijuana resin oil;
(7) 500 grams or more of marijuana; and
Page 34
Section & Penalty
Otherwise, if the quantity
involved is less than the
foregoing quantities, the
penalties shall be graduated as
follows:
(1) Life imprisonment and a
fine ranging from Four
hundred thousand pesos
(P400,000.00) to Five hundred
thousand pesos (P500,000.00),
(2) Imprisonment of twenty
(20) years and one (1) day to
life imprisonment and a fine
ranging from Four hundred
thousand pesos (P400,000.00)
to Five hundred thousand
pesos (P500,000.00),
Act
(8) 10 grams or more of other dangerous drugs
such as, but not limited to,
methylenedioxymethamphetamine (MDA) or
"ecstasy", paramethoxyamphetamine (PMA),
trimethoxyamphetamine (TMA), lysergic acid
diethylamine (LSD), gamma
hydroxyamphetamine (GHB), and those
similarly designed or newly introduced drugs
and their derivatives, without having any
therapeutic value or if the quantity possessed is
far beyond therapeutic requirements, as
determined and promulgated by the Board in
accordance to Section 93, Article XI of this Act.
if the quantity of methamphetamine
hydrochloride or "shabu" is ten (10) grams or
more but less than fifty (50) grams;
if the quantities of dangerous drugs are five (5)
grams or more but less than ten (10) grams of
opium, morphine, heroin, cocaine or cocaine
hydrochloride, marijuana resin or marijuana
resin oil, methamphetamine hydrochloride or
"shabu", or other dangerous drugs such as,
but not limited to, MDMA or "ecstasy", PMA,
TMA, LSD, GHB, and those similarly
designed or newly introduced drugs and their
derivatives, without having any therapeutic
value or if the quantity possessed is far beyond
therapeutic requirements; or three hundred (300)
grams or more but less than five (hundred) 500)
grams of marijuana; and
CRIM2 Codal Provisions
Section & Penalty
(3) Imprisonment of twelve
(12) years and one (1) day to
twenty (20) years and a fine
ranging from Three hundred
thousand pesos (P300,000.00)
to Four hundred thousand
pesos (P400,000.00),
Section 12. Possession of
Equipment, Instrument,
Apparatus and Other
Paraphernalia for Dangerous
Drugs. -
The penalty of imprisonment
ranging from six (6) months
and one (1) day to four (4)
years and a fine ranging from
Ten thousand pesos
(P10,000.00) to Fifty thousand
pesos (P50,000.00) shall be
imposed upon
shall be presumed to have
violated Section 15 of this Act.
Act Section & Penalty Act
if the quantities of dangerous drugs are less
than five (5) grams of opium, morphine,
heroin, cocaine or cocaine hydrochloride, Section 13. Possession of
marijuana resin or marijuana resin oil, Dangerous Drugs During
methamphetamine hydrochloride or "shabu", Parties, Social Gatherings or
or other dangerous drugs such as, but not Meetings.
limited to, MDMA or "ecstasy", PMA, TMA, shall suffer the maximum Any person found possessing any dangerous
LSD, GHB, and those similarly designed or penalties provided for in drug during a party, or at a social gathering or
newly introduced drugs and their derivatives, Section 11 of this Act, meeting, or in the proximate company of at least
without having any therapeutic value or if the regardless of the quantity and two (2) persons,
quantity possessed is far beyond therapeutic purity of such dangerous
requirements; or less than three hundred (300) drugs.
grams of marijuana.
Section 14. Possession of
Equipment, Instrument,
Apparatus and Other
Paraphernalia for Dangerous
Drugs During Parties, Social
Gatherings or Meetings.
The maximum penalty any person, who shall possess or have under
provided for in Section 12 of his/her control any equipment, instrument,
any person, who, unless authorized by law, shall
this Act shall be imposed upon apparatus and other paraphernalia fit or
possess or have under his/her control any
intended for smoking, consuming,
equipment, instrument, apparatus and other
administering, injecting, ingesting, or
paraphernalia fit or intended for smoking,
introducing any dangerous drug into the
consuming, administering, injecting,
body, during parties, social gatherings or
ingesting, or introducing any dangerous drug
meetings, or in the proximate company of at least
into the body:
two (2) persons.
Provided, That in the case of medical
practitioners and various professionals who are
required to carry such equipment, instrument, Section 15. Use of Dangerous
apparatus and other paraphernalia in the practice Drugs.
of their profession, the Board shall prescribe the
necessary implementing guidelines thereof. shall be imposed a penalty of a A person apprehended or arrested, who is
minimum of six (6) months found to be positive for use of any dangerous
The possession of such equipment, instrument, rehabilitation in a government drug, after a confirmatory test,
apparatus and other paraphernalia fit or center for the first offense,
intended for any of the purposes enumerated subject to the provisions of
in the preceding paragraph shall be prima Article VIII of this Act.
facie evidence that the possessor has smoked,
consumed, administered to himself/herself,
injected, ingested or used a dangerous drug and
Page 35
CRIM2 Codal Provisions
Section & Penalty
he/she shall suffer the penalty
of imprisonment ranging from
six (6) years and one (1) day to
twelve (12) years and a fine
ranging from Fifty thousand
pesos (P50,000.00) to Two
hundred thousand pesos
(P200,000.00): Provided, That
this Section shall not be
applicable where the person
tested is also found to have in
his/her possession such
quantity of any dangerous drug
provided for under Section 11
of this Act, in which case the
provisions stated therein shall
apply.
Section 16. Cultivation or
Culture of Plants Classified
as Dangerous Drugs or are
Sources Thereof. -
The penalty of life
imprisonment to death and a
fine ranging from Five hundred
thousand pesos (P500,000.00)
to Ten million pesos
(P10,000,000.00) shall be
imposed upon
Act Section & Penalty Act
If apprehended using any dangerous drug for shall be confiscated and The land or portions thereof and/or greenhouses
the second time, escheated in favor of the State, on which any of said plants is cultivated or
unless the owner thereof can cultured
prove lack of knowledge of
such cultivation or culture
despite the exercise of due
diligence on his/her part.
the maximum penalty provided If the land involved is part of the public
for under this Section shall be domain,
imposed upon the offender.
The maximum penalty any person, who organizes, manages or acts as
provided for under this Section a "financier" of any of the illegal activities
shall be imposed upon prescribed in this Section.
The penalty of twelve (12) any person, who acts as a "protector/coddler"
years and one (1) day to twenty of any violator of the provisions under this
(20) years of imprisonment and Section.
a fine ranging from One
hundred thousand pesos
(P100,000.00) to Five hundred
thousand pesos (P500,000.00)
shall be imposed upon
any person, who shall plant, cultivate or culture
marijuana, opium poppy or any other plant
Section 17. Maintenance and
regardless of quantity, which is or may
Keeping of Original Records
hereafter be classified as a dangerous drug or
of Transactions on
as a source from which any dangerous drug
Dangerous Drugs and/or
may be manufactured or derived: Provided,
Controlled Precursors and
That in the case of medical laboratories and
Essential Chemicals. -
medical research centers which cultivate or
culture marijuana, opium poppy and other plants, The penalty of imprisonment any practitioner, manufacturer, wholesaler,
or materials of such dangerous drugs for medical ranging from one (1) year and importer, distributor, dealer or retailer who
experiments and research purposes, or for the one (1) day to six (6) years and violates or fails to comply with the
creation of new types of medicine, the Board a fine ranging from Ten maintenance and keeping of the original
shall prescribe the necessary implementing thousand pesos (P10,000.00) to records of transactions on any dangerous drug
guidelines for the proper cultivation, culture, Fifty thousand pesos and/or controlled precursor and essential
handling, experimentation and disposal of such (P50,000.00) shall be imposed chemical in accordance with Section 40 of this
plants and materials. upon Act.
Page 36
CRIM2 Codal Provisions
Section & Penalty
An additional penalty shall be
imposed through the
revocation of the license to
practice his/her profession,
Section 18. Unnecessary
Prescription of Dangerous
Drugs.
The penalty of imprisonment
ranging from twelve (12) years
and one (1) day to twenty (20)
years and a fine ranging from
One hundred thousand pesos
(P100,000.00) to Five hundred
thousand pesos (P500,000.00)
and the additional penalty of
the revocation of his/her
license to practice shall be
imposed upon
Section 19. Unlawful
Prescription of Dangerous
Drugs.
The penalty of life
imprisonment to death and a
fine ranging from Five hundred
thousand pesos (P500,000.00)
to Ten million pesos
(P10,000,000.00) shall be
imposed upon
Act
in case of a practitioner, or of the business, in
case of a manufacturer, seller, importer,
distributor, dealer or retailer.
the practitioner, who shall prescribe any
dangerous drug to any person whose physical
or physiological condition does not require the
use or in the dosage prescribed therein, as
determined by the Board in consultation with
recognized competent experts who are
authorized representatives of professional
organizations of practitioners, particularly those
who are involved in the care of persons with
severe pain.
Any person convicted for drug trafficking or pushing under this Act,
any person, who, unless authorized by law, shall
make or issue a prescription or any other
writing purporting to be a prescription for
any dangerous drug.
Page 37
Section 20. Confiscation and Forfeiture of the Proceeds or Instruments
of the Unlawful Act, Including the Properties or Proceeds Derived from
the Illegal Trafficking of Dangerous Drugs and/or Precursors and
Essential Chemicals.
Every penalty imposed for the
- unlawful importation, sale, trading, administration, dispensation, delivery,
distribution, transportation or manufacture of any dangerous drug and/or
controlled precursor and essential chemical,
- the cultivation or culture of plants which are sources of dangerous drugs,
and the possession of any equipment, instrument, apparatus and other
paraphernalia for dangerous drugs including other laboratory equipment,
shall carry with it the confiscation and forfeiture, in favor of the
government, of all the proceeds and properties derived from the unlawful
act, including, but not limited to, money and other assets obtained thereby,
and the instruments or tools with which the particular unlawful act was
committed,
unless they are the property of a third person not liable for the unlawful
act, but
those which are not of lawful commerce shall be ordered destroyed
without delay pursuant to the provisions of Section 21 of this Act.
Section 24. Non-Applicability of the Probation Law for Drug Traffickers
and Pushers.
regardless of the penalty imposed by the Court, cannot avail of the privilege
granted by the Probation Law or Presidential Decree No. 968, as
amended.
Section 25. Qualifying Aggravating Circumstances in the Commission of
a Crime by an Offender Under the Influence of Dangerous Drugs.
Notwithstanding the provisions of any law to the contrary, a positive finding
for the use of dangerous drugs shall be a qualifying aggravating
circumstance in the commission of a crime by an offender, and the
application of the penalty provided for in the Revised Penal Code shall be
applicable.
CRIM2 Codal Provisions
Section 26. Attempt or Conspiracy.
Any attempt or conspiracy to commit the following unlawful acts shall be
penalized by the same penalty prescribed for the commission of the same
as provided under this Act:
(a) Importation of any dangerous drug and/or controlled precursor and
essential chemical;
(b) Sale, trading, administration, dispensation, delivery, distribution and
transportation of any dangerous drug and/or controlled precursor and
essential chemical;
(c) Maintenance of a den, dive or resort where any dangerous drug is used
in any form;
(d) Manufacture of any dangerous drug and/or controlled precursor and
essential chemical; and
(e) Cultivation or culture of plants which are sources of dangerous drugs.
Section 27. Criminal Liability of a Public Officer or Employee for
Misappropriation, Misapplication or Failure to Account for the
Confiscated, Seized and/or Surrendered Dangerous Drugs, Plant Sources
of Dangerous Drugs, Controlled Precursors and Essential Chemicals,
Instruments/Paraphernalia and/or Laboratory Equipment Including the
Proceeds or Properties Obtained from the Unlawful Act Committed.
The penalty of life imprisonment to death and a fine ranging from Five
hundred thousand pesos (P500,000.00) to Ten million pesos
(P10,000,000.00), in addition to absolute perpetual disqualification from
any public office, shall be imposed upon any public officer or employee who
misappropriates, misapplies or fails to account for confiscated, seized or
surrendered dangerous drugs, plant sources of dangerous drugs, controlled
precursors and essential chemicals, instruments/paraphernalia and/or
laboratory equipment including the proceeds or properties obtained from the
unlawful acts as provided for in this Act.
Any elective local or national official found to have benefited from the
proceeds of the trafficking of dangerous drugs as prescribed in this Act, or
have received any financial or material contributions or donations from
natural or juridical persons found guilty of trafficking dangerous drugs as
Page 38
prescribed in this Act, shall be removed from office and perpetually
disqualified from holding any elective or appointive positions in the
government, its divisions, subdivisions, and intermediaries, including
government-owned or controlled corporations.
Section 28. Criminal Liability of Government Officials and Employees.
The maximum penalties of the unlawful acts provided for in this Act
shall be imposed, in addition to absolute perpetual disqualification from
any public office, if those found guilty of such unlawful acts are government
officials and employees.
Section 29. Criminal Liability for Planting of Evidence.
Any person who is found guilty of "planting" any dangerous drug and/or
controlled precursor and essential chemical, regardless of quantity and purity,
shall suffer the penalty of death.
Section 30. Criminal Liability of Officers of Partnerships, Corporations,
Associations or Other Juridical Entities.
In case any violation of this Act is committed by a partnership, corporation,
association or any juridical entity,
the partner, president, director, manager, trustee, estate administrator,
or officer who consents to or knowingly tolerates such violation shall be
held criminally liable as a co-principal.
The penalty provided for the offense under this Act shall be imposed upon
the partner, president, director, manager, trustee, estate administrator, or
officer who knowingly authorizes, tolerates or consents to the use of a
vehicle, vessel, aircraft, equipment or other facility, as an instrument in the
importation, sale, trading, administration, dispensation, delivery, distribution,
transportation or manufacture of dangerous drugs, or chemical diversion, if
such vehicle, vessel, aircraft, equipment or other instrument is owned by or
under the control or supervision of the partnership, corporation, association
or juridical entity to which they are affiliated.
Section 31. Additional Penalty if Offender is an Alien.
In addition to the penalties prescribed in the unlawful act committed, any
alien who violates such provisions of this Act shall, after service of
sentence, be deported immediately without further proceedings, unless the
penalty is death.
CRIM2 Codal Provisions
Section 35. Accessory Penalties.
A person convicted under this Act shall be disqualified to exercise his/her
civil rights such as but not limited to,
the rights of parental authority or guardianship, either as to the person or
property of any ward,
the rights to dispose of such property by any act or any conveyance inter
vivos, and
political rights such as but not limited to, the right to vote and be voted for.
Such rights shall also be suspended during the pendency of an appeal
from such conviction.
Section 54. Voluntary Submission of a Drug Dependent to Confinement,
Treatment and Rehabilitation.
A drug dependent or any person who violates Section 15 of this Act may, by
himself/herself or through his/her parent, spouse, guardian or relative within
the fourth degree of consanguinity or affinity, apply to the Board or its duly
recognized representative, for treatment and rehabilitation of the drug
dependency.
Upon such application, the Board shall bring forth the matter to the Court
which shall order that the applicant be examined for drug dependency.
If the examination by a DOH-accredited physician results in the issuance of
a certification that the applicant is a drug dependent, he/she shall be
ordered by the Court to undergo treatment and rehabilitation in a Center
designated by the Board for a period of not less than six (6) months:
Provided, That a drug dependent may be placed under the care of a DOH-
accredited physician where there is no Center near or accessible to the
residence of the drug dependent or where said drug dependent is below
eighteen (18) years of age and is a first-time offender and non-confinement in
a Center will not pose a serious danger to his/her family or the community.
Confinement in a Center for treatment and rehabilitation shall not exceed
one (1) year, after which time the Court, as well as the Board, shall be
apprised by the head of the treatment and rehabilitation center of the
status of said drug dependent and determine whether further confinement
will be for the welfare of the drug dependent and his/her family or the
community.
Page 39
Section 55. Exemption from the Criminal Liability Under the Voluntary
Submission Program.
A drug dependent under the voluntary submission program, who is finally
discharged from confinement, shall be exempt from the criminal liability
under Section 15 of this act subject to the following conditions:
(1) He/she has complied with the rules and regulations of the center, the
applicable rules and regulations of the Board, including the after-care and
follow-up program for at least eighteen (18) months following temporary
discharge from confinement in the Center or, in the case of a dependent
placed under the care of the DOH-accredited physician, the after-care
program and follow-up schedule formulated by the DSWD and approved by
the Board: Provided, That capability-building of local government social
workers shall be undertaken by the DSWD;
(2) He/she has never been charged or convicted of any offense punishable
under
this Act,
the Dangerous Drugs Act of 1972 or Republic Act No. 6425, as amended;
the Revised Penal Code, as amended; or
any special penal laws;
(3) He/she has no record of escape from a Center:
Provided, That had he/she escaped, he/she surrendered by himself/herself or
through his/her parent, spouse, guardian or relative within the fourth degree
of consanguinity or affinity, within one (1) week from the date of the said
escape; and
(4) He/she poses no serious danger to himself/herself, his/her family or
the community by his/her exemption from criminal liability.
Section 58. Filing of Charges Against a Drug Dependent Who is Not
Rehabilitated Under the Voluntary Submission Program.
A drug dependent, who is not rehabilitated after the second commitment
to the Center under the voluntary submission program, shall, upon
recommendation of the Board, be charged for violation of Section 15 of
this Act and prosecuted like any other offender.
If convicted, he/she shall be credited for the period of confinement and
rehabilitation in the Center in the service of his/her sentence.
CRIM2 Codal Provisions
Section 61. Compulsory Confinement of a Drug Dependent Who Refuses
to Apply Under the Voluntary Submission Program.
Notwithstanding any law, rule and regulation to the contrary, any person
determined and found to be dependent on dangerous drugs shall, upon
petition by the Board or any of its authorized representative, be confined for
treatment and rehabilitation in any Center duly designated or accredited
for the purpose.
A petition for the confinement of a person alleged to be dependent on
dangerous drugs to a Center may be filed by any person authorized by the
Board with the Regional Trial Court of the province or city where such
person is found.
After the petition is filed, the court, by an order, shall immediately fix a
date for the hearing, and a copy of such order shall be served on the person
alleged to be dependent on dangerous drugs, and to the one having charge of
him.
If after such hearing and the facts so warrant, the court shall order the drug
dependent to be examined by two (2) physicians accredited by the Board.
If both physicians conclude that the respondent is not a drug dependent,
the court shall order his/her discharge.
If either physician finds him to be a dependent, the court shall conduct a
hearing and consider all relevant evidence which may be offered.
If the court finds him a drug dependent, it shall issue an order for his/her
commitment to a treatment and rehabilitation center under the
supervision of the DOH.
In any event, the order of discharge or order of confinement or commitment
shall be issued not later than fifteen (15) days from the filing of the
appropriate petition.
Section 62. Compulsory Submission of a Drug Dependent Charged with
an Offense to Treatment and Rehabilitation.
If a person charged with an offense where the imposable penalty is
imprisonment of less than six (6) years and one (1) day, and is
Page 40
found by the prosecutor or by the court, at any stage of the proceedings, to be
a drug dependent,
the prosecutor or the court as the case may be, shall suspend all further
proceedings and transmit copies of the record of the case to the Board.
In the event he Board determines, after medical examination, that public
interest requires that such drug dependent be committed to a center for
treatment and rehabilitation, it shall file a petition for his/her commitment
with the regional trial court of the province or city where he/she is being
investigated or tried:
Provided, That where a criminal case is pending in court, such petition shall
be filed in the said court. The court shall take judicial notice of the prior
proceedings in the case and shall proceed to hear the petition. If the court
finds him to be a drug dependent, it shall order his/her commitment to a
Center for treatment and rehabilitation. The head of said Center shall submit
to the court every four (4) months, or as often as the court may require, a
written report on the progress of the treatment. If the dependent is
rehabilitated, as certified by the center and the Board, he/she shall be
returned to the court, which committed him, for his/her discharge therefrom.
Thereafter, his/her prosecution for any offense punishable by law shall be
instituted or shall continue, as the case may be.
In case of conviction, the judgment shall, if the accused is certified by the
treatment and rehabilitation center to have maintained good behavior,
indicate that he/she shall be given full credit for the period he/she was
confined in the Center:
Provided, however, That when the offense is for violation of Section 15 of
this Act and the accused is not a recidivist, the penalty thereof shall be
deemed to have been served in the Center upon his/her release therefrom
after certification by the Center and the Board that he/she is rehabilitated.
Section 63. Prescription of the Offense Charged Against a Drug
Dependent Under the Compulsory Submission Program.
The period of prescription of the offense charged against a drug dependent
under the compulsory submission program shall not run during the time
that the drug dependent is under confinement in a Center or otherwise
under the treatment and rehabilitation program approved by the Board
Upon certification of the Center that he/she may temporarily be
discharged from the said Center, the court shall order his/her release on
condition that he/she shall report to the Board through the DOH for after-care
CRIM2 Codal Provisions
and follow-up treatment for a period not exceeding eighteen (18) months
under such terms and conditions as may be imposed by the Board.
If at anytime during the after-care and follow-up period, the Board
certifies to his/her complete rehabilitation, the court shall order his/her
final discharge from confinement and order for the immediate
resumption of the trial of the case for which he/she is originally charged.
Should the Board through the DOH find at anytime during the after-care and
follow-up period that he/she requires further treatment and rehabilitation, it
shall report to the court, which shall order his/her recommitment to the
Center.
Should the drug dependent, having been committed to a Center upon
petition by the Board escape therefrom, he/she may resubmit himself/
herself for confinement within one (1) week from the date of his/her
escape; or his/her parent, spouse, guardian or relative within the fourth
degree of consanguinity or affinity may, within the same period, surrender
him for recommitment.
If, however, the drug dependent does not resubmit himself/herself for
confinement or he/she is not surrendered for recommitment, the Board
may apply with the court for the issuance of the recommitment order.
Upon proof of previous commitment, the court shall issue an order for
recommitment. If, subsequent to such recommitment, he/she should escape
again, he/she shall no longer be exempt from criminal liability for use of any
dangerous drug.
A drug dependent committed under this particular Section who is finally
discharged from confinement shall be exempt from criminal liability
under Section 15 of this Act, without prejudice to the outcome of any
pending case filed in court.
On the other hand, a drug dependent who is not rehabilitated after a second
commitment to the Center shall, upon conviction by the appropriate court,
suffer the same penalties provided for under Section 15 of this Act again
without prejudice to the outcome of any pending case filed in court.
Page 41
PROVISIONS APPLICABLE TO FIRST TIME MINOR OFFENDER
Section 66. Suspension of Sentence of a First-Time Minor Offender.
An accused who is over fifteen (15) years of age at the time of the
commission of the offense mentioned in Section 11 of this Act, but not
more than eighteen (18) years of age at the time when judgment should
have been promulgated after having been found guilty of said offense, may
be given the benefits of a suspended sentence, subject to the following
conditions:
(a) He/she has not been previously convicted of violating any provision of
this Act, or of
the Dangerous Drugs Act of 1972, as amended; or of
the Revised Penal Code; or of
any special penal laws;
(b) He/she has not been previously committed to a Center or to the care of
a DOH-accredited physician; and
(c) The Board favorably recommends that his/her sentence be suspended.
While under suspended sentence, he/she shall be under the supervision and
rehabilitative surveillance of the Board, under such conditions that the
court may impose for a period ranging from six (6) months to eighteen (18)
months.
Upon recommendation of the Board, the court may commit the accused
under suspended sentence to a Center, or to the care of a DOH-accredited
physician for at least six (6) months, with after-care and follow-up program
for not more than eighteen (18) months.
In the case of minors under fifteen (15) years of age at the time of the
commission of any offense penalized under this Act, Article 192 of
Presidential Decree No. 603, otherwise known as the Child and Youth
Welfare Code, as amended by Presidential Decree No. 1179 shall apply,
without prejudice to the application of the provisions of this Section.
CRIM2 Codal Provisions
Section 67. Discharge After Compliance with Conditions of Suspended
Sentence of a First-Time Minor Offender.
If the accused first time minor offender under suspended sentence complies
with the applicable rules and regulations of the Board, including confinement
in a Center, the court, upon a favorable recommendation of the Board for
the final discharge of the accused, shall discharge the accused and
dismiss all proceedings.
Upon the dismissal of the proceedings against the accused, the court shall
enter an order to expunge all official records, other than the confidential
record to be retained by the DOJ relating to the case. Such an order, which
shall be kept confidential, shall restore the accused to his/her status prior to
the case. He/she shall not be held thereafter to be guilty of perjury or of
concealment or misrepresentation by reason of his/her failure to
acknowledge the case or recite any fact related thereto in response to any
inquiry made of him for any purpose.
Section 68. Privilege of Suspended Sentence to be Availed of Only Once
by a First-Time Minor Offender.
The privilege of suspended sentence shall be availed of only once by an
accused drug dependent who is a first-time offender over fifteen (15)
years of age at the time of the commission of the violation of Section 15 of
this Act but not more than eighteen (18) years of age at the time when
judgment should have been promulgated.
Section 69. Promulgation of Sentence for First-Time Minor Offender.
If the accused first-time minor offender violates any of the conditions of
his/her suspended sentence, the applicable rules and regulations of the
Board exercising supervision and rehabilitative surveillance over him,
including the rules and regulations of the Center should confinement be
required, the court
shall pronounce judgment of conviction and he/she
shall serve sentence as any other convicted person.
Section 70. Probation or Community Service for a First-Time Minor
Offender in Lieu of Imprisonment.
Upon promulgation of the sentence, the court may, in its discretion, place the
accused under probation, even if the sentence provided under this Act is
Page 42
higher than that provided under existing law on probation, or impose
community service in lieu of imprisonment.
In case of probation, the supervision and rehabilitative surveillance shall
be undertaken by the Board through the DOH in coordination with the
Board of Pardons and Parole and the Probation Administration.
Upon compliance with the conditions of the probation, the Board shall
submit a written report to the court recommending termination of
probation and a final discharge of the probationer, whereupon the court shall
issue such an order.
The community service shall be complied with under conditions, time and
place as may be determined by the court in its discretion and upon the
recommendation of the Board and shall apply only to violators of Section 15
of this Act. The completion of the community service shall be under the
supervision and rehabilitative surveillance of the Board during the period
required by the court. Thereafter, the Board shall render a report on the
manner of compliance of said community service. The court in its discretion
may require extension of the community service or order a final discharge.
In both cases, the judicial records shall be covered by the provisions of
Sections 60 and 64 of this Act.
If the sentence promulgated by the court requires imprisonment, the period
spent in the Center by the accused during the suspended sentence period
shall be deducted from the sentence to be served.
Section 73. Liability of a Parent, Spouse or Guardian Who Refuses to
Cooperate with the Board or any Concerned Agency.
Any parent, spouse or guardian who, without valid reason,
refuses to cooperate with the Board or any concerned agency in the
treatment and rehabilitation of a drug dependent who is a minor, or in any
manner,
prevents or delays the after-care, follow-up or other programs for the
welfare of the accused drug dependent, whether under voluntary submission
program or compulsory submission program,
may be cited for contempt by the court.
REQ. PROCEDURE FOR SEIZURE AND CUSTODY OF DRUGS
Section 21. Custody and Disposition of Confiscated, Seized, and/or
Surrendered Dangerous Drugs, Plant Sources of Dangerous Drugs,
CRIM2 Codal Provisions
Controlled Precursors and Essential Chemicals, Instruments/
Paraphernalia and/or Laboratory Equipment.
(1) The apprehending team having initial custody and control of the drugs
shall, immediately after seizure and confiscation, physically inventory
and photograph the same in the presence of the accused or the person/
s from whom such items were confiscated and/or seized, or his/her
representative or counsel, a representative from the media and the
Department of Justice (DOJ), and any elected public official who shall be
required to sign the copies of the inventory and be given a copy thereof;
Strict compliance required: illegal drugs unique characteristic rendering it
indistinct, not really identifiable and easily open to tampering, alteration or
substitution
MALACAANG
Manila
PRESIDENTIAL DECREE No. 1602
PRESCRIBING STIFFER PENALTIES ON ILLEGAL GAMBLING
Section 1. Penalties. The following penalties are hereby imposed:
(a) The penalty of prison correccional in its medium period of a fine
ranging from one thousand to six thousand pesos, and in case of
recidivism, the penalty of prision mayor in its medium period or a fine
ranging from five thousand to ten thousand pesos shall be imposed upon:
1. Any person other than those referred to in the succeeding sub-sections
who in any manner, shall directly or indirectly take part in
any illegal or unauthorized activities or games of
- cockfighting, jueteng, jai alai or horse racing to include bookie operations
and game fixing, numbers, bingo and other forms of lotteries;
- cara y cruz, pompiang and the like;
- 7-11 and any game using dice;
- black jack, lucky nine, poker and its derivatives, monte, baccarat, cuajao,
pangguingue and other card games;
- paik que, high and low, mahjong, domino and other games using plastic
tiles and the likes;
- slot machines, roulette, pinball and other mechanical contraptions and
devices;
- dog racing, boat racing, car racing and other forms of races,
Page 43
- basketball, boxing, volleyball, bowling, pingpong and other forms of
individual or team contests to include game fixing, point shaving and other
machinations;
- banking or percentage game, or any other game scheme, whether upon
chance or skill, wherein wagers consisting of money, articles of value or
representative of value are at stake or made;
2. Any person who shall knowingly permit
any form of gambling referred to in the preceding subparagraph
to be carried on
in inhabited or uninhabited place or
in any building, vessel or other means of transportation
owned or controlled by him.
If the place where gambling is carried on has
a reputation of a gambling place or
that prohibited gambling is frequently carried on therein, or
the place is a public or government building or barangay hall,
the malfactor shall be punished by prision correccional
in its maximum period and a fine of six thousand pesos.
(b) The penalty of prision correccional in its maximum period or
a fine of six thousand pesos
shall be imposed upon the maintainer or conductor of
the above gambling schemes.
(c) The penalty of prision mayor in its medium period with
temporary absolute disqualification or
a fine of six thousand pesos shall be imposed
if the maintainer, conductor or banker of said gambling schemes is
a government official, or
where such government official is
the player, promoter, referee, umpire, judge or coach
in case of game fixing, point shaving and machination.
(d) The penalty of prision correccional in its medium period or
a fine ranging from four hundred to two thousand pesos
shall be imposed upon any person who shall,
knowingly and without lawful purpose
in any hour of any day,
possess any lottery list, paper or other matter containing
letters, figures, signs or symbols
pertaining to or in any manner used in the games of
CRIM2 Codal Provisions
jueteng, jai-alai or horse racing bookies, and similar games of lotteries and
numbers which have taken place or about to take place.
(e) The penalty of temporary absolute disqualifications
shall be imposed upon any barangay official who,
with knowledge of the existence of
a gambling house or place in his jurisdiction
fails to abate the same or take action in connection therewith.
(f) The penalty of prision correccional in its maximum period or
a fine ranging from five hundred pesos to two thousand pesos
shall be imposed upon
any security officer, security guard, watchman,
private or house detective of hotels, villages,
buildings, enclosures and the like
which have the reputation of a gambling place or
where gambling activities are being held.
Section 3. Repealing Clause. Provisions of Art. 195-199 of the Revised
Penal Code, as amended, Republic Act No. 3063, Presidential Decrees
Numbered 483, 449, 510 and 1306, letters of instructions, laws, executive
orders, rules and regulations, city and municipal ordinances which are
inconsistent with this Decree are hereby repealed.
Section 4. Effectivity. This Decree shall take effect immediately upon
publication at least once in a newspaper of general circulation.
Done in the City of Manila, this 11th day of June, in the year of Our Lord,
nineteen hundred and seventy-eight.
Republic Act No. 9287
April 2, 2004
AN ACT INCREASING THE PENALTIES FOR ILLEGAL NUMBERS
GAMES, AMENDING CERTAIN PROVISIONS OF PRESIDENTIAL
DECREE NO. 1602, AND FOR OTHER PURPOSES
Sec. 2. Definition of Terms. -
As used in this Act, the following terms shall mean:
Page 44
a) Illegal Numbers Game. - Any form illegal gambling activity which uses
numbers or combinations thereof as factors in giving out jackpots.
Sec. 3. Punishable Acts. -
Any person who participates in any illegal numbers game shall suffer the
following penalties:
a) The penalty of imprisonment from thirty (30) days to ninety (90) days, if
such person acts as a bettor;
b) The penalty of imprisonment from six (6) years and one (1) day to eight
(8) years, if such person acts as a personnel or staff of an illegal numbers
game operation;
The same penalty shall likewise be imposed to any person who allows his
vehicle, house, building or land to be used in the operation of the illegal
numbers games.
c) The penalty of imprisonment from eight (8) years and one (1) day to ten
(10) years, if such person acts as a collector or agent;
d) The penalty of imprisonment from ten (10) years and one (1) day to twelve
(12) years, if such person acts as a coordinator, controller or supervisor;
e) The penalty of imprisonment from twelve (12) years and one (1) day to ten
(10) fourteen (14) years, if such person acts as a maintainer, manager or
operator; and
f) The penalty of imprisonment from fourteen (14) years and one (1) day to
sixteen (16) years, if such person acts as a financier or capitalist;
g) The penalty of imprisonment from sixteen (16) years and one (1) day to
twenty (20) years, if such person acts as protector or coddler.
Sec. 5. Liability of Government Employees and/or Public Officials. -
a) If the collector, agent, coordinator, controller, supervisor, maintainer,
manager, operator, financier or capitalist of any illegal numbers game is
a government employee and/or public official, whether elected or
appointed shall suffer the penalty of twelve (12) years and one (1) day to
CRIM2 Codal Provisions
twenty (20) years and a fine ranging from Three million pesos the result of which depends wholly or chiefly
(P3,000,000.00) to Five million pesos (P5,000,000.00) and perpetual upon chance or hazard; or
absolute disqualification from public office. wherein wagers consisting of
money,
In addition to the penalty provided in the immediately preceding section, the articles of value or
accessory penalty of perpetual disqualification from public office shall be representative of value
imposed upon any local government official who, having knowledge of the are made; or
existence of the operation of any illegal numbers game in his/her in the exploitation or use of any other mechanical invention or
jurisdiction, fails to abate or to take action, or tolerates the same in contrivance to determine by chance the loser or winner of money or
connection therewith. any object or representative of value.

b) In the case of failure to apprehend perpetrators of any illegal numbers 2. Any person
game, any law enforcer shall suffer an administrative penalty of suspension who shall knowingly permit any form of gambling
or dismissal, as the case may be, to be imposed by the appropriate authority. referred to in the preceding subdivision
to be carried on in any unhabited or uninhabited place
Title Six of any building,
CRIMES AGAINST PUBLIC MORALS vessel or
Chapter One other means of transportation
GAMBLING AND BETTING owned or controlled by him.

Art. 195. What acts are punishable in gambling. If the place where gambling is carried on
(a) The penalty of arresto mayor or has the reputation of a gambling place or
a fine not exceeding two hundred pesos, and, that prohibited gambling is frequently carried on therein,
in case of recidivism, the culprit shall be punished by
the penalty of arresto mayor or the penalty provided for in this article
a fine ranging from two hundred or six thousand pesos, in its maximum period.
shall be imposed upon:
(b) The penalty of prision correccional in its maximum degree
1. Any person shall be imposed upon
other than those referred to in subsections (b) and (c) the maintainer,
who, in any manner shall conductor, or
directly, or banker
indirectly in a game of jueteng or
take part in any game of any similar game.
monte, x(c) The penalty of prision correccional in its medium degree
jueteng or shall be imposed upon any person who shall,
any other form of lottery, knowingly and
policy, without lawful purpose,
banking, or have in his possession and lottery list,
percentage game, paper or
dog races, or other matter containing letters,
any other game of scheme figures,
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CRIM2 Codal Provisions
signs or
symbols
which pertain to or are in any manner used
in the game of jueteng or
any similar game
which has taken place or
about to take place.
Art. 196. Importation, sale and possession of lottery tickets or
advertisements.
The penalty of arresto mayor in its maximum period
to prision correccional in its minimum period or
a fine ranging from 200 to 2,000 pesos, or
both, in the discretion of the court,
shall be imposed upon any person
who shall import into the Philippine Islands
from any foreign place or port
any lottery ticket or advertisement or,
in connivance with the importer,
shall sell or distribute the same.
Any person who shall knowingly and with intent to use them,
have in his possession lottery tickets or advertisements, or
shall sell or distribute the same without connivance
with the importer of the same,
shall be punished by arresto menor, or
a fine not exceeding 200 pesos, or
both,
in the discretion of the court.
The possession of
any lottery ticket or
advertisement
shall be prima facie evidence of an intent to
sell,
distribute or
use the same in the Philippine Islands.
shall be imposed upon any person
who shall bet
money or
any object or
article of value or
representative of value
upon the result of any boxing or
other sports contests.
MALACAANG
Manila
PRESIDENTIAL DECREE No. 483 June 13, 1974
PENALIZING BETTING, GAME-FIXING OR POINT SHAVING AND
MACHINATIONS IN SPORTS CONTESTS
Section 1. Definitions.
For purposes of this Decree, the following terms shall mean and be
understood to be as hereunder indicated:
a. Betting money or any object or article of value or representative of value
upon the result of any game, races and other sports contest.
b. Game-fixing any arrangement, combination, scheme or agreement by
which the result of any game, races or sports contests shall be predicted and/
or known other than on the basis of the honest playing skill or ability of the
players or participants.
c. Point-shaving any such arrangement, combination, scheme or agreement
by which the skill or ability of any player or participant in a game, races or
sports contests to make points or scores shall be limited deliberately in order
to influence the result thereof in favor of one or other team, player or
participant therein.

d. Game-machinations any other fraudulent, deceitful, unfair or dishonest

Art. 197. Betting in sports contests. means, method, manner or practice employed for the purpose of influencing
The penalty of arresto menor or the result of any game, races or sport contest.
a fine not exceeding 200 pesos, or
both,
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CRIM2 Codal Provisions
Section 2. Betting, game-fixing, point-shaving or game machination
unlawful.
Game-fixing, point-shaving, machination, as defined in the preceding
section, in connection with the games of basketball, volleyball, softball,
baseball; chess, boxing bouts, "jai-alai", "sipa", "pelota" and all other sports
contests, games or races; as well as betting therein except as may be
authorized by law, is hereby declared unlawful.
Section 5. Repealing Clause. Article 197 of Act No. 3815, otherwise known
as the Revised Penal Code, as amended, all provisions of decrees, general
orders, letters of instructions, laws, executive orders and rules and
regulations which are inconsistent with this Decree are hereby repealed.
Section 6. Effectivity. This Decree shall take effect immediately upon
publication thereof by the Secretary of the Department of Public Information
at least once in a newspaper of general circulation.

Section 3. Penalty. Art. 198. Illegal betting on horse race.

The penalty of arresto menor or
Any violation of this Decree, or of the rules and regulations promulgated in a fine not exceeding 200 pesos, or
accordance herewith, shall be punished in the manner following: both,
shall be imposed upon any person
a. When the offender is an official, such as promoter, referee, umpire, who except during the period allowed by law,
judge, or coach in the game, race or sports contests, or the manager or shall be on horse races.
sponsor of any participating team, individual or player therein, or
participants or players in such games, races or other sports contests, he The penalty of arresto mayor or
shall, upon conviction, be punished by prision correccional in its maximum a fine ranging from 200 to 2,000 pesos, or
period and a fine of 2,000 pesos with subsidiary imprisonment in case of both,
insolvency, at the discretion of the court. This penalty shall also be imposed shall be imposed upon any person who,
when the offenders compose a syndicate of five or more persons. under the same circumstances,
shall maintain or
b. In case of any offender, he shall, upon conviction, be punished by prision employ
correccional in its medium period and a fine of 1,000 pesos with subsidiary a totalizer or
imprisonment in case of insolvency at the discretion of the court. other device or
scheme for
c. When the offender is an official or employee of any government office betting on horse races or
or agency concerned with the enforcement or administration of laws and realizing any profit therefrom.
regulations on sports the penalty provided for in the preceding Section 3 a
small be imposed. In addition, he shall be disqualified from holding any For the purposes of this article,
public office or employment for life. If he is an alien, he may be deported. any race held in the same day
at the same place
Section 4. Clearance for arrest, detention or prosecution. shall be held punishable as a separate offense, and
if the same be committed by any
No person who voluntarily discloses or denounces to the President of the partnership,
Philippine Amateur Athletic Federation or to the National Sports corporation or
Associations concerned and/or to any law enforcement/police authority any association,
of the acts penalized by this Decree shall be arrested, detained and/or the president and the directors or managers thereof
prosecuted except upon prior written clearance from the President of the shall be deemed to be principals in the offense
Philippines and/or of the Secretary of National Defense. if they have consented to or
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CRIM2 Codal Provisions
knowingly tolerated its commission. (d) Gaffer (Taga Tari) A person knowledgeable in the art of arming fighting
cocks with gaff or gaffs on either or both legs.
Art. 199. Illegal cockfighting.
The penalty of arresto menor or (e) Referee (Sentenciador) A person who watches and oversees the proper
a fine not exceeding 200 pesos, or gaffing of fighting cocks, determines the physical condition of fighting cocks
both, while cockfighting is in progress, the injuries sustained by the cocks and their
in the discretion of the court, capability to continue fighting and decides and make known his decision by
shall be imposed upon: work or gestures and result of the cockfight by announcing the winner or
declaring a tie or no contest game.
1. Any person
who directly or indirectly participates in cockfights, (f) Bettor A person who participates in cockfights and with the use of money
by betting or other things of value, bets with other bettors or through the bet taker or
money or promoter and wins or loses his bet depending upon the result of the cockfight
other valuable things, or as announced by the Referee or Sentenciador. He may be the owner of
who organizes cockfights at which bets are made, fighting cock.
on a day other than those permitted by law.
Section 5. Cockpits and Cockfighting: In General:
2. Any person
who directly or indirectly participates in cockfights, (d) Holding of Cockfights.
at a place other than a licensed cockpit.
Except as provided in this Decree, cockfighting shall be allowed only in
PRESIDENTIAL DECREE No. 449 May 9, 1974 licensed cockpits during Sundays and legal holidays and during local
fiestas for not more than three days. It may also be held during
COCKFIGHTING LAW OF 1974 provincial, city or municipal, agricultural, commercial or industrial fair,
carnival or exposition for a similar period of three days upon resolution of
Section 4. Definition of Terms. As used in this law, the following terms shall the province, city or municipality where such fair, carnival or exposition is to
be understood, applied and construed as follows: be held, subject to the approval of the Chief of Constabulary or his
authorized representative: Provided, that, no cockfighting on the occasion of
(a) Cockfighting shall embrace and mean the commonly known game or such fair, carnival or exposition shall be allowed within the month of a local
term "cockfighting derby, pintakasi or tupada", or its equivalent terms in fiesta or for more than two occasions a year in the same city or municipality:
different Philippine localities. Provided, further, that no cockfighting shall be held on December 30
(Rizal Day), June 12 (Philippine Independence Day) November 30
(b) Zoning Law or Ordinance Either both national or local city or (National Heroes Day), Holy Thursday, Good Friday, Election or
municipal legislation which logically arranges, prescribes, defines and Referendum Day and during Registration Days for such election or
apportions a given political subdivision into specific land uses as present and referendum.
future projection of needs warrant.
(e) Cockfighting for Entertainment of Tourists or for Charitable
(c) Bet Taker of Promoter A person who calls and takes care of bets from Purposes.
owners of both gamecocks and those of other bettors before he orders
commencement of the cockfight and thereafter distributes won bets to the Subject to the preceding subsection hereof, the Chief Constabulary or his
winners after deducting a certain commission. authorized representative may also allow the holding of cockfighting for
the entertainment of foreign dignitaries or for tourists, or for returning
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CRIM2 Codal Provisions
Filipinos, commonly known as "Balikbayan", or for the support of
national fund-raising campaigns for charitable purposes as may be
authorized by the Office of the President, upon resolution of a provincial
board, city or municipal council, in licensed cockpits or in playgrounds or
parks: Provided, that this privilege shall be extended for only one time, for a
period not exceeding three days, within a year to a province, city, or
municipality.

Section 8. Penal Provisions.

Any violation of the provisions of this Decree and of the rules and
regulations promulgated by the Chief of Constabulary pursuant thereto shall
be punished as follows:

a. By prision correccional in its maximum period and a fine of two thousand

pesos, with subsidiary imprisonment in case of insolvency, when the offender
is the financer, owner, manger or operator of cockpit, or the gaffer,
referee or bet taker in cockfights; or the offender is guilty of allowing,
promoting or participating in any other kind of gambling in the premises
of cockfights during cockfights.

b. By prision correccional or a fine of not less than six hundred pesos nor
more than two thousand pesos or both, such imprisonment and fine at the
discretion of the court, with subsidiary imprisonment in case of insolvency,
in case of any other offender.
Section 9. Repealing Clause. The provisions of Section 2285 and 2286 of the
Revised Penal Code, Republic Act No. 946, all laws, decrees, rules and
regulations, or orders which are inconsistent with this Decree are hereby
repealed or modified accordingly.

Section 10. Date of Effectivity. This Decree shall take effect after fifteen (15)
days following the completion of the publication in the Official Gazette.

Done in the City of Manila, this 9th day of May, in the year of Our Lord,
nineteen hundred and seventy-four.

Chapter Two
OFFENSES AGAINST DECENCY AND GOOD CUSTOMS

Art. 200. Grave scandal.

The penalties of arresto mayor and
public censure
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CRIM2 Codal Provisions
shall be imposed upon any person (2) serve no other purpose but to satisfy the market
who shall offend against for violence, lust or pornography;
decency or
good customs (3) offend any race or religion;
by any highly scandalous conduct
not expressly falling (4) tend to abet traffic in and
within any other article of this Code. use of prohibited drugs; and

Art. 201. Immoral doctrines, obscene publications and exhibitions and (5) are contrary to law,
indecent shows. public order,
morals, and
The penalty of prision mayor or good customs,
a fine ranging from six thousand to twelve thousand pesos, or established policies,
both such imprisonment and fine, lawful orders,
shall be imposed upon: decrees and
edicts;
(1) Those who shall
publicly expound or (3) Those who shall
proclaim sell,
doctrines give away or
openly contrary to public morals; exhibit
films,
(2) (a) prints,
the authors of obscene literature, engravings,
published with their knowledge in any form; sculpture or
the editors publishing such literature; and literature
the owners/operators of the establishment selling the same; which are offensive to morals.
(As amended by PD Nos. 960 and 969).
(b) Those who,
in theaters, Art. 202. Vagrants and prostitutes; penalty.
fairs, The following are vagrants:
cinematographs or
any other place, 1. Any person having no apparent means of subsistence,
exhibit, who has the physical ability to work and
indecent or immoral who neglects to apply himself or herself
plays, scenes, acts or shows, to some lawful calling;
whether live or in film,
which are prescribed by virtue hereof, 2. Any person found
shall include those which loitering about public or semi-public buildings or places or
trampling or wandering about
(1) glorify criminals or condone crimes; the country or
the streets
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CRIM2 Codal Provisions
without visible means of support; the provisions of this and
the preceding titles of this book,
3. Any idle or any person who,
dissolute person by direct provision of the law,
who ledges in houses of ill fame; popular election or
ruffians or appointment by competent authority,
pimps and shall take part in the performance of public functions
those who habitually associate with prostitutes; in the Government of the Philippine Islands, of
shall perform in said Government or
4. Any person who, in any of its branches public duties
not being included in the provisions of other articles of this Code, as an employee,
shall be found loitering in any inhabited or uninhabited place agent or
belonging to another subordinate official, of
without any lawful or justifiable purpose; any rank or class,
shall be deemed to be a public officer.
5. Prostitutes.
Chapter Two
For the purposes of this article, MALFEASANCE AND MISFEASANCE IN OFFICE
women who, Section One. Dereliction of duty
for money or profit,
habitually indulge in Art. 204. Knowingly rendering unjust judgment.
sexual intercourse or Any judge who
lascivious conduct, shall knowingly render an unjust judgment
are deemed to be prostitutes. in any case submitted to him for decision,
shall be punished by prision mayor and
Any person found guilty of any of the offenses covered by this articles perpetual absolute disqualification.
shall be punished by arresto menor or
a fine not exceeding 200 pesos, and Art. 205. Judgment rendered through negligence.
in case of recidivism, Any judge who,
by arresto mayor in its medium period to by reason of inexcusable negligence or ignorance
prision correccional in its minimum period or shall render a manifestly unjust judgment
a fine ranging from 200 to 2,000 pesos, or in any case submitted to him for decision
both, shall be punished by arresto mayor and
in the discretion of the court. temporary special disqualification.

Title Seven
CRIMES COMMITTED BY PUBLIC OFFICERS Art. 206. Unjust interlocutory order.
Chapter One Any judge who
PRELIMINARY PROVISIONS shall knowingly render an unjust interlocutory order or decree
shall suffer the penalty of arresto mayor
Art. 203. Who are public officers. in its minimum period and
For the purpose of applying suspension;
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CRIM2 Codal Provisions
but if he shall have acted by reason of in the same case,
inexcusable negligence or without the consent of his first client.
ignorance and
the interlocutory order or decree be
manifestly unjust,
the penalty shall be suspension.

Art. 207. Malicious delay in the administration of justice.

The penalty of prision correccional in its minimum period
shall be imposed upon any judge
guilty of malicious delay in the administration of justice.

Art. 208. Prosecution of offenses; negligence and tolerance.

The penalty of prision correccional in its minimum period and
suspension
shall be imposed upon any public officer, or
officer of the law,
who, in dereliction of the duties of his office,
shall maliciously refrain
from instituting prosecution
for the punishment of violators of the law, or
shall tolerate the commission of offenses.

Art. 209. Betrayal of trust by an attorney or solicitor. Revelation of

secrets. In addition to the proper administrative action,
the penalty of prision correccional in its minimum period, or
a fine ranging from 200 to 1,000 pesos, or
both,
shall be imposed upon any
attorney-at-law or
solicitor ( procurador judicial) who,
by any malicious breach of professional duty
or of inexcusable negligence or ignorance,
shall prejudice his client, or
reveal any of the secrets of the latter
learned by him in his professional capacity.
The same penalty shall be imposed upon
an attorney-at-law or
solicitor (procurador judicial)
who, having undertaken the defense of a client or
having received confidential information from said client in a case,
shall undertake the defense of the opposing party
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CRIM2 Codal Provisions
Section Two. Bribery special temporary disqualification.

Art. 210. Direct bribery. The provisions contained in the preceding paragraphs
Any public officer shall be made applicable to
who shall agree to perform an act constituting a crime, assessors,
in connection with the performance of this official duties, arbitrators,
in consideration of any appraisal and
offer, claim commissioners,
promise, experts or
gift or any other persons
present performing public duties.
received by such officer, (As amended by Batas Pambansa Blg. 872, June 10, 1985).
personally or
through the mediation of another, Art. 211. Indirect bribery.
shall suffer the penalty of prision mayor in its medium and maximum periods The penalties of prision correccional in its medium and maximum periods,
and a fine and public censure
not less than three times the value of the gift shall be imposed upon any public officer
in addition to the penalty who shall accept gifts offered to him
corresponding to the crime agreed upon, by reason of his office.
if the same shall have been committed. (As amended by Batas Pambansa Blg. 872, June 10, 1985).

If the gift was accepted by the officer Art. 212. Corruption of public officials.
in consideration of the execution of an act The same penalties imposed upon the officer corrupted,
which does not constitute a crime, and except those of disqualification and suspension,
the officer executed said act, shall be imposed upon any person
he shall suffer the same penalty who shall have made the offers or promises or
provided in the preceding paragraph; and given the gifts or presents
if said act shall not have been accomplished, as described in the preceding articles.
the officer shall suffer the penalties of prision correccional,
in its medium period and REPUBLIC ACT No. 3019
a fine of not less than twice the value of such gift.
ANTI-GRAFT AND CORRUPT PRACTICES ACT

If the object for which the gift was received or promised Section 1. Statement of policy.
was to make the public officer refrain from doing something It is the policy of the Philippine Government, in line with the principle that a
which it was his official duty to do, public office is a public trust, to repress certain acts of public officers and
he shall suffer the penalties of prision correccional private persons alike which constitute graft or corrupt practices or which may
in its maximum period and lead thereto.
a fine not less than three times the value of such gift.
Section 2. Definition of terms.
In addition to the penalties provided in the preceding paragraphs, As used in this Act, that term
the culprit shall suffer the penalty of
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CRIM2 Codal Provisions
(a) "Government" includes the national government, the local governments,
the government-owned and government-controlled corporations, and all
other instrumentalities or agencies of the Republic of the Philippines and
their branches.
(b) "Public officer" includes elective and appointive officials and employees,
permanent or temporary, whether in the classified or unclassified or exempt
service receiving compensation, even nominal, from the government as
defined in the preceding subparagraph.
(c) "Receiving any gift" includes the act of accepting directly or indirectly a
gift from a person other than a member of the public officer's immediate
family, in behalf of himself or of any member of his family or relative within
the fourth civil degree, either by consanguinity or affinity, even on the
occasion of a family celebration or national festivity like Christmas, if the
value of the gift is under the circumstances manifestly excessive.
(d) "Person" includes natural and juridical persons, unless the context
indicates otherwise.
Section 3. Corrupt practices of public officers.
In addition to acts or omissions of public officers already penalized by
existing law, the following shall constitute corrupt practices of any public
officer and are hereby declared to be unlawful:
(a) Persuading, inducing or influencing another public officer to perform an
act constituting a violation of rules and regulations duly promulgated by
competent authority or an offense in connection with the official duties of the
latter, or allowing himself to be persuaded, induced, or influenced to commit
such violation or offense.
(b) Directly or indirectly requesting or receiving any gift, present, share,
percentage, or benefit, for himself or for any other person, in connection with
any contract or transaction between the Government and any other part,
wherein the public officer in his official capacity has to intervene under the
law.
(c) Directly or indirectly requesting or receiving any gift, present or other
pecuniary or material benefit, for himself or for another, from any person for
whom the public officer, in any manner or capacity, has secured or obtained,
or will secure or obtain, any Government permit or license, in consideration
Page 54
for the help given or to be given, without prejudice to Section thirteen of this
Act.
(d) Accepting or having any member of his family accept employment in a
private enterprise which has pending official business with him during the
pendency thereof or within one year after its termination.
(e) Causing any undue injury to any party, including the Government, or
giving any private party any unwarranted benefits, advantage or preference in
the discharge of his official administrative or judicial functions through
manifest partiality, evident bad faith or gross inexcusable negligence. This
provision shall apply to officers and employees of offices or government
corporations charged with the grant of licenses or permits or other
concessions.
(f) Neglecting or refusing, after due demand or request, without sufficient
justification, to act within a reasonable time on any matter pending before
him for the purpose of obtaining, directly or indirectly, from any person
interested in the matter some pecuniary or material benefit or advantage, or
for the purpose of favoring his own interest or giving undue advantage in
favor of or discriminating against any other interested party.
(g) Entering, on behalf of the Government, into any contract or transaction
manifestly and grossly disadvantageous to the same, whether or not the
public officer profited or will profit thereby.
(h) Director or indirectly having financing or pecuniary interest in any
business, contract or transaction in connection with which he intervenes or
takes part in his official capacity, or in which he is prohibited by the
Constitution or by any law from having any interest.
(i) Directly or indirectly becoming interested, for personal gain, or having a
material interest in any transaction or act requiring the approval of a board,
panel or group of which he is a member, and which exercises discretion in
such approval, even if he votes against the same or does not participate in the
action of the board, committee, panel or group.
Interest for personal gain shall be presumed against those public officers
responsible for the approval of manifestly unlawful, inequitable, or irregular
transaction or acts by the board, panel or group to which they belong.
CRIM2 Codal Provisions
(j) Knowingly approving or granting any license, permit, privilege or benefit
in favor of any person not qualified for or not legally entitled to such license,
permit, privilege or advantage, or of a mere representative or dummy of one
who is not so qualified or entitled.
(k) Divulging valuable information of a confidential character, acquired by
his office or by him on account of his official position to unauthorized
persons, or releasing such information in advance of its authorized release
date.
The person giving the gift, present, share, percentage or benefit referred to in
subparagraphs (b) and (c); or offering or giving to the public officer the
employment mentioned in subparagraph (d); or urging the divulging or
untimely release of the confidential information referred to in subparagraph
(k) of this section shall, together with the offending public officer, be
punished under Section nine of this Act and shall be permanently or
temporarily disqualified in the discretion of the Court, from transacting
business in any form with the Government.
Section 4. Prohibition on private individuals.
(a) It shall be unlawful for any person having family or close personal
relation with any public official to capitalize or exploit or take advantage of
such family or close personal relation by directly or indirectly requesting or
receiving any present, gift or material or pecuniary advantage from any other
person having some business, transaction, application, request or contract
with the government, in which such public official has to intervene. Family
relation shall include the spouse or relatives by consanguinity or affinity in
the third civil degree. The word "close personal relation" shall include close
personal friendship, social and fraternal connections, and professional
employment all giving rise to intimacy which assures free access to such
public officer.
(b) It shall be unlawful for any person knowingly to induce or cause any
public official to commit any of the offenses defined in Section 3 hereof.
Section 5. Prohibition on certain relatives.
It shall be unlawful for the spouse or for any relative, by consanguinity or
affinity, within the third civil degree, of the President of the Philippines, the
Vice-President of the Philippines, the President of the Senate, or the Speaker
of the House of Representatives, to intervene, directly or indirectly, in any
business, transaction, contract or application with the Government: Provided,
That this section shall not apply to any person who, prior to the assumption
Page 55
of office of any of the above officials to whom he is related, has been already
dealing with the Government along the same line of business, nor to any
transaction, contract or application already existing or pending at the time of
such assumption of public office, nor to any application filed by him the
approval of which is not discretionary on the part of the official or officials
concerned but depends upon compliance with requisites provided by law, or
rules or regulations issued pursuant to law, nor to any act lawfully performed
in an official capacity or in the exercise of a profession.
Section 6. Prohibition on Members of Congress.
It shall be unlawful hereafter for any Member of the Congress during the
term for which he has been elected, to acquire or receive any personal
pecuniary interest in any specific business enterprise which will be directly
and particularly favored or benefited by any law or resolution authored by
him previously approved or adopted by the Congress during the same term.
The provision of this section shall apply to any other public officer who
recommended the initiation in Congress of the enactment or adoption of any
law or resolution, and acquires or receives any such interest during his
incumbency.
It shall likewise be unlawful for such member of Congress or other public
officer, who, having such interest prior to the approval of such law or
resolution authored or recommended by him, continues for thirty days after
such approval to retain such interest.
Section 7. Statement of assets and liabilities.
Every public officer, within thirty days after the approval of this Act or after
assuming office, and within the month of January of every other year
thereafter, as well as upon the expiration of his term of office, or upon his
resignation or separation from office, shall prepare and file with the office of
the corresponding Department Head, or in the case of a Head of Department
or chief of an independent office, with the Office of the President, or in the
case of members of the Congress and the officials and employees thereof,
with the Office of the Secretary of the corresponding House, a true detailed
and sworn statement of assets and liabilities, including a statement of the
amounts and sources of his income, the amounts of his personal and family
expenses and the amount of income taxes paid for the next preceding
calendar year: Provided, That public officers assuming office less than two
months before the end of the calendar year, may file their statements in the
following months of January.
CRIM2 Codal Provisions
Section 8. Dismissal due to unexplained wealth.
If in accordance with the provisions of Republic Act Numbered One
thousand three hundred seventy-nine, a public official has been found to have
acquired during his incumbency, whether in his name or in the name of other
persons, an amount of property and/or money manifestly out of proportion to
his salary and to his other lawful income, that fact shall be a ground for
dismissal or removal. Properties in the name of the spouse and unmarried
children of such public official may be taken into consideration, when their
acquisition through legitimate means cannot be satisfactorily shown. Bank
deposits shall be taken into consideration in the enforcement of this section,
notwithstanding any provision of law to the contrary.
Section 9. Penalties for violations.
(a) Any public officer or private person committing any of the unlawful acts
or omissions enumerated in Sections 3, 4, 5 and 6 of this Act shall be
punished with imprisonment for not less than one year nor more than ten
years, perpetual disqualification from public office, and confiscation or
forfeiture in favor of the Government of any prohibited interest and
unexplained wealth manifestly out of proportion to his salary and other
lawful income.
Any complaining party at whose complaint the criminal prosecution was
initiated shall, in case of conviction of the accused, be entitled to recover in
the criminal action with priority over the forfeiture in favor of the
Government, the amount of money or the thing he may have given to the
accused, or the value of such thing.
(b) Any public officer violation any of the provisions of Section 7 of this Act
shall be punished by a fine of not less than one hundred pesos nor more than
one thousand pesos, or by imprisonment not exceeding one year, or by both
such fine and imprisonment, at the discretion of the Court.
The violation of said section proven in a proper administrative proceeding
shall be sufficient cause for removal or dismissal of a public officer, even if
no criminal prosecution is instituted against him.
Section 10. Competent court.
Until otherwise provided by law, all prosecutions under this Act shall be
within the original jurisdiction of the proper Court of First Instance.
Section 11. Prescription of offenses.
All offenses punishable under this Act shall prescribe in ten years.
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Section 12. Termination of office.
No public officer shall be allowed to resign or retire pending an
investigation, criminal or administrative, or pending a prosecution against
him, for any offense under this Act or under the provisions of the Revised
Penal Code on bribery.
Section 13. Suspension and loss of benefits.
Any public officer against whom any criminal prosecution under a valid
information under this Act or under the provisions of the Revised Penal Code
on bribery is pending in court, shall be suspended from office. Should he be
convicted by final judgment, he shall lose all retirement or gratuity benefits
under any law, but if he is acquitted, he shall be entitled to reinstatement and
to the salaries and benefits which he failed to receive during suspension,
unless in the meantime administrative proceedings have been filed against
him.
Section 14. Exception.
Unsolicited gifts or presents of small or insignificant value offered or given
as a mere ordinary token of gratitude or friendship according to local
customs or usage, shall be excepted from the provisions of this Act.
Nothing in this Act shall be interpreted to prejudice or prohibit the practice of
any profession, lawful trade or occupation by any private person or by any
public officer who under the law may legitimately practice his profession,
trade or occupation, during his incumbency, except where the practice of
such profession, trade or occupation involves conspiracy with any other
person or public official to commit any of the violations penalized in this Act.
Section 15. Separability clause.
If any provision of this Act or the application of such provision to any person
or circumstances is declared invalid, the remainder of the Act or the
application of such provision to other persons or circumstances shall not be
affected by such declaration.
Section 16. Effectivity. This Act shall take effect on its approval, but for the
purpose of determining unexplained wealth, all property acquired by a public
officer since he assumed office shall be taken into consideration.
Approved: August 17, 1960