1. Anti-Arson Law (P.D. 1613) 6.

Any building, whether used as a dwelling or not,

PRESIDENTIAL DECREE No. 1613
AMENDING THE LAW ON ARSON
WHEREAS, findings of the police and intelligence agencies of
the government reveal that fires and other crimes involving
destruction in Metro Manila and other urban centers in the
country are being perpetrated by criminal syndicates, some of
which have foreign connections;
WHEREAS, the current law on arson suffers from certain
inadequacies that impede the successful enforcement and
prosecution of arsonists;
situated in a populated or congested area.
Section 3. Other Cases of Arson. The penalty of Reclusion
Temporal to Reclusion Perpetua shall be imposed if the
property burned is any of the following:
1. Any building used as offices of the government or
any of its agencies;
2. Any inhabited house or dwelling;
3. Any industrial establishment, shipyard, oil well or
mine shaft, platform or tunnel;

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

4. Any plantation, farm, pastureland, growing crop,
other crimes involving destruction be prevented to protect the
grain field, orchard, bamboo grove or forest;
national economy and preserve the social, economic and
political stability of the country;
4. Any rice mill, sugar mill, cane mill or mill central;
and
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of
the Philippines, by virtue of the powers vested in me by the
Constitution, do hereby order and decree as part of the law of 5. Any railway or bus station, airport, wharf or
the land, the following: warehouse.

Section 1. Arson. Any person who burns or sets fire to the
property of another shall be punished by Prision Mayor.
The same penalty shall be imposed when a person sets fire to
his own property under circumstances which expose to danger
the life or property of another.
Section 2. Destructive Arson. The penalty of Reclusion
Temporal in its maximum period to Reclusion Perpetua shall be
imposed if the property burned is any of the following:
1. Any ammunition factory and other establishment
where explosives, inflammable or combustible
materials are stored.
2. Any archive, museum, whether public or private, or
any edifice devoted to culture, education or social
services.
3. Any church or place of worship or other building
where people usually assemble.
4. Any train, airplane or any aircraft, vessel or
watercraft, or conveyance for transportation of
persons or property
4. Any building where evidence is kept for use in any
legislative, judicial, administrative or other official
proceedings.
5. Any hospital, hotel, dormitory, lodging house,
housing tenement, shopping center, public or private
market, theater or movie house or any similar place
or building.
Section 4. Special Aggravating Circumstances in Arson. The
penalty in any case of arson shall be imposed in its maximum
period;
1. If committed with intent to gain;
2. If committed for the benefit of another;
3. If the offender is motivated by spite or hatred
towards the owner or occupant of the property
burned;
4. If committed by a syndicate.
The offense is committed by a syndicate if its is planned or
carried out by a group of three (3) or more persons.
Section 5. Where Death Results from Arson. If by reason of
or on the occasion of the arson death results, the penalty of
Reclusion Perpetua to death shall be imposed.
Section 6. Prima Facie evidence of Arson. Any of the following
circumstances shall constitute prima facie evidence of arson:
1. If the fire started simultaneously in more than one
part of the building or establishment.
2. If substantial amount of flammable substances or
materials are stored within the building note
necessary in the business of the offender nor for
household us.
3. If gasoline, kerosene, petroleum or other
flammable or combustible substances or materials

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 soaked therewith or containers thereof, or any
mechanical, electrical, chemical, or electronic
contrivance designed to start a fire, or ashes or traces
of any of the foregoing are found in the ruins or
premises of the burned building or property.
4. If the building or property is insured for
substantially more than its actual value at the time of
the issuance of the policy.
4. If during the lifetime of the corresponding fire
insurance policy more than two fires have occurred in
the same or other premises owned or under the
control of the offender and/or insured.
5. If shortly before the fire, a substantial portion of
the effects insured and stored in a building or
property had been withdrawn from the premises
except in the ordinary course of business.
6. If a demand for money or other valuable
consideration was made before the fire in exchange
for the desistance of the offender or for the safety of
the person or property of the victim.
Section 7. Conspiracy to commit Arson. Conspiracy to commit
arson shall be punished by Prision Mayor in its minimum
period.
Section 8. Confiscation of Object of Arson. The building which
is the object of arson including the land on which it is situated
shall be confiscated and escheated to the State, unless the
owner thereof can prove that he has no participation in nor
knowledge of such arson despite the exercise of due diligence
on his part.
Section 9. Repealing Clause. The provisions of Articles 320 to
326-B of the Revised Penal Code and all laws, executive
orders, rules and regulations, or parts thereof, inconsistent
with the provisions of this Decree are hereby repealed or
amended accordingly.
Section 10. Effectivity. This Decree shall take effect
immediately upon publication thereof at least once in a
newspaper of general circulation.
Done in the City of Manila, this 7th day of March, in the year of
Our Lord, nineteen hundred and seventy-nine.
13. Anti-Trafficking in Persons Act (R.A. No. 9208)
REPUBLIC ACT No. 10364
AN ACT EXPANDING REPUBLIC ACT NO. 9208,
ENTITLED "AN ACT TO INSTITUTE POLICIES TO
ELIMINATE TRAFFICKING IN PERSONS ESPECIALLY
WOMEN AND CHILDREN, ESTABLISHING THE
NECESSARY INSTITUTIONAL MECHANISMS FOR THE
PROTECTION AND SUPPORT OF TRAFFICKED
PERSONS, PROVIDING PENALTIES FOR ITS
VIOLATIONS AND FOR OTHER PURPOSES"
Be it enacted by the Senate and House of Representatives of
the Philippines in Congress assembled:
Section 1. Short Title. – This Act shall be known as the
"Expanded Anti-Trafficking in Persons Act of 2012″.
Section 2. Section 2 of Republic Act No. 9208 is hereby
amended to read as follows:
"SEC. 2. Declaration of Policy. – It is hereby declared
that the State values the dignity of every human
person and guarantees the respect of individual
rights. In pursuit of this policy, the State shall give
highest priority to the enactment of measures and
development of programs that will promote human
dignity, protect the people from any threat of violence
and exploitation, eliminate trafficking in persons, and
mitigate pressures for involuntary migration and
servitude of persons, not only to support trafficked
persons but more importantly, to ensure their
recovery, rehabilitation and reintegration into the
mainstream of society.
"It shall be a State policy to recognize the equal rights
and inherent human dignity of women and men as
enshrined in the United Nations Universal Declaration
on Human Rights, United Nations Convention on the
Elimination of All Forms of Discrimination Against
Women, United Nations Convention on the Rights of
the Child, United Nations Convention on the
Protection of Migrant Workers and their Families,
United Nations Convention Against Transnational
Organized Crime Including its Protocol to Prevent,
Suppress and Punish Trafficking in Persons, Especially
Women and Children and all other relevant and
universally accepted human rights instruments and
other international conventions to which the
Philippines is a signatory."
Section 3. Section 3 of Republic Act No. 9208 is hereby
amended to read as follows:
"SEC. 3. Definition of Terms. – As used in this Act:
"(a) Trafficking in Persons – refers to the
recruitment, obtaining, hiring, providing,
offering, transportation, transfer,
maintaining, harboring, or receipt of persons
with or without the victim’s consent or
knowledge, within or across national borders
by means of threat, or use of force, or other
forms of coercion, abduction, fraud,
deception, abuse of power or of position,
taking advantage of the vulnerability of the
person, or, the giving or receiving of
payments or benefits to achieve the consent
of a person having control over another
person for the purpose of exploitation which
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includes at a minimum, the exploitation or
the prostitution of others or other forms of
sexual exploitation, forced labor or services,
slavery, servitude or the removal or sale of
organs.
"The recruitment, transportation, transfer,
harboring, adoption or receipt of a child for
the purpose of exploitation or when the
adoption is induced by any form of
consideration for exploitative purposes shall
also be considered as ‘trafficking in persons’
even if it does not involve any of the means
set forth in the preceding paragraph.
"(b) Child – refers to a person below
eighteen (18) years of age or one who is
over eighteen (18) but is unable to fully take
care of or protect himself/herself from
abuse, neglect, cruelty, exploitation, or
discrimination because of a physical or
mental disability or condition.
"(c) Prostitution – refers to any act,
transaction, scheme or design involving the
use of a person by another, for sexual
intercourse or lascivious conduct in exchange
for money, profit or any other consideration.
"(d) Forced Labor – refers to the extraction
of work or services from any person by
means of enticement, violence, intimidation
or threat, use of, force or coercion, including
deprivation of freedom, abuse of authority or
moral ascendancy, debt-bondage or
deception including any work or service
extracted from any person under the
menace of penalty.
"(e) Slavery – refers to the status or
condition of a person over whom any or all
of the powers attaching to the right of
ownership are exercised.
"(f) Involuntary Servitude – refers to a
condition of enforced and compulsory service
induced by means of any scheme, plan or
pattern, intended to cause a person to
believe that if he or she did not enter into or
continue in such condition, he or she or
another person would suffer serious harm or
other forms of abuse or physical restraint, or
threat of abuse or harm, or coercion
including depriving access to travel
documents and withholding salaries, or the
abuse or threatened abuse of the legal
process.
"(g) Sex Tourism – refers to a program
organized by travel and tourism-related
establishments and individuals which
consists of tourism packages or activities,
utilizing and offering escort and sexual
services as enticement for tourists. This
includes sexual services and practices
offered during rest and recreation periods for
members of the military.
"(h) Sexual Exploitation – refers to
participation by a person in prostitution,
pornography or the production of
pornography, in exchange for money, profit
or any other consideration or where the
participation is caused or facilitated by any
means of intimidation or threat, use of force,
or other forms of coercion, abduction, fraud,
deception, debt bondage, abuse of power or
of position or of legal process, taking
advantage of the vulnerability of the person,
or giving or receiving of payments or
benefits to achieve the consent of a person
having control over another person; or in
sexual intercourse or lascivious conduct
caused or facilitated by any means as
provided in this Act.
"(i) Debt Bondage – refers to the pledging
by the debtor of his/her personal services or
labor or those of a person under his/her
control as security or payment for a debt,
when the length and nature of services is
not clearly defined or when the value of the
services as reasonably assessed is not
applied toward the liquidation of the debt.
"(j) Pornography – refers to any
representation, through publication,
exhibition, cinematography, indecent shows,
information technology, or by whatever
means, of a person engaged in real or
simulated explicit sexual activities or any
representation of the sexual parts of a
person for primarily sexual purposes.
"(k) Council – shall mean the Inter-Agency
Council Against Trafficking created under
Section 20 of this Act."
Section 4. Section 4 of Republic Act No. 9208 is hereby
amended to read as follows:
"SEC. 4. Acts of Trafficking in Persons. – It shall be
unlawful for any person, natural or juridical, to
commit any of the following acts:
"(a) To recruit, obtain, hire, provide, offer,
transport, transfer, maintain, harbor, or
receive a person by any means, including
those done under the pretext of domestic or
overseas employment or training or
apprenticeship, for the purpose of
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prostitution, pornography, or sexual
exploitation;
"(b) To introduce or match for money, profit,
or material, economic or other consideration,
any person or, as provided for under
Republic Act No. 6955, any Filipino woman
to a foreign national, for marriage for the
purpose of acquiring, buying, offering,
selling or trading him/her to engage in
prostitution, pornography, sexual
exploitation, forced labor, slavery,
involuntary servitude or debt bondage;
"(c) To offer or contract marriage, real or
simulated, for the purpose of acquiring,
buying, offering, selling, or trading them to
engage in prostitution, pornography, sexual
exploitation, forced labor or slavery,
involuntary servitude or debt bondage;
"(d) To undertake or organize tours and
travel plans consisting of tourism packages
or activities for the purpose of utilizing and
offering persons for prostitution,
pornography or sexual exploitation;
"(e) To maintain or hire a person to engage
in prostitution or pornography;
"(f) To adopt persons by any form of
consideration for exploitative purposes or to
facilitate the same for purposes of
prostitution, pornography, sexual
exploitation, forced labor, slavery,
involuntary servitude or debt bondage;
"(g) To adopt or facilitate the adoption of
persons for the purpose of prostitution,
pornography, sexual exploitation, forced
labor, slavery, involuntary servitude or debt
bondage;
"(h) To recruit, hire, adopt, transport,
transfer, obtain, harbor, maintain, provide,
offer, receive or abduct a person, by means
of threat or use of force, fraud, deceit,
Section 5. A new Section 4-A is hereby inserted in Republic
violence, coercion, or intimidation for the
Act No. 9208, to read as follows:
purpose of removal or sale of organs of said
person;
"(i) To recruit, transport, obtain, transfer,
harbor, maintain, offer, hire, provide, receive
or adopt a child to engage in armed activities
in the Philippines or abroad;
"(j) To recruit, transport, transfer, harbor,
obtain, maintain, offer, hire, provide or
receive a person by means defined in
Section 3 of this Act for purposes of forced
labor, slavery, debt bondage and involuntary
servitude, including a scheme, plan, or
pattern intended to cause the person either:
"(1) To believe that if the person
did not perform such labor or
services, he or she or another
person would suffer serious harm or
physical restraint; or
"(2) To abuse or threaten the use
of law or the legal processes; and
"(k) To recruit, transport, harbor, obtain,
transfer, maintain, hire, offer, provide, adopt
or receive a child for purposes of exploitation
or trading them, including but not limited to,
the act of baring and/or selling a child for
any consideration or for barter for purposes
of exploitation. Trafficking for purposes of
exploitation of children shall include:
"(1) All forms of slavery or practices
similar to slavery, involuntary
servitude, debt bondage and forced
labor, including recruitment of
children for use in armed conflict;
"(2) The use, procuring or offering
of a child for prostitution, for the
production of pornography, or for
pornographic performances;
"(3) The use, procuring or offering
of a child for the production and
trafficking of drugs; and
"(4) The use, procuring or offering
of a child for illegal activities or
work which, by its nature or the
circumstances in which it is carried
out, is likely to harm their health,
safety or morals; and
"(l) To organize or direct other persons to commit the
offenses defined as acts of trafficking under this Act."
"SEC. 4-A. Attempted Trafficking in Persons. – Where
there are acts to initiate the commission of a
trafficking offense but the offender failed to or did not
execute all the elements of the crime, by accident or
by reason of some cause other than voluntary
desistance, such overt acts shall be deemed as an
attempt to commit an act of trafficking in persons. As
such, an attempt to commit any of the offenses
enumerated in Section 4 of this Act shall constitute
attempted trafficking in persons.
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 "In cases where the victim is a child, any of the
following acts shall also be deemed as attempted
trafficking in persons:
"(a) Facilitating the travel of a child who
travels alone to a foreign country or territory
without valid reason therefor and without
the required clearance or permit from the
Department of Social Welfare and
Development, or a written permit or
justification from the child’s parent or legal
guardian;
"(b) Executing, for a consideration, an
affidavit of consent or a written consent for
adoption;
"(c) Recruiting a woman to bear a child for
the purpose of selling the child;
"(d) Simulating a birth for the purpose of
selling the child; and
"(e) Soliciting a child and acquiring the
custody thereof through any means from
among hospitals, clinics, nurseries, daycare
centers, refugee or evacuation centers, and
low-income families, for the purpose of
selling the child."
Section 6. A new Section 4-B is hereby inserted in Republic
Act No. 9208, to read as follows:
"SEC. 4-B. Accomplice Liability. – Whoever knowingly
aids, abets, cooperates in the execution of the
offense by previous or simultaneous acts defined in
this Act shall be punished in accordance with the
provisions of Section 10(c) of this Act."
Section 7. A new Section 4-C is hereby inserted in Republic
Act No. 9208, to read as follows:
"SEC. 4-C. Accessories. – Whoever has the knowledge
of the commission of the crime, and without having
participated therein, either as principal or as
accomplices, take part in its commission in any of the
following manners:
"(a) By profiting themselves or assisting the
offender to profit by the effects of the crime;
"(b) By concealing or destroying the body of
the crime or effects or instruments thereof,
in order to prevent its discovery;
"(c) By harboring, concealing or assisting in
the escape of the principal of the crime,
provided the accessory acts with abuse of
his or her public functions or is known to be
habitually guilty of some other crime.
"Acts defined in this provision shall be punished in
accordance with the provision of Section 10(d) as
stated thereto."
Section 8. Section 5 of Republic Act No. 9208 is hereby
amended to read as follows:
"SEC. 5. Acts that Promote Trafficking in Persons. –
The following acts which promote or facilitate
trafficking in persons, shall be unlawful:
"(a) xxx
"(b) To produce, print and issue or distribute
unissued, tampered or fake counseling
certificates, registration stickers, overseas
employment certificates or other certificates
of any government agency which issues
these certificates, decals and such other
markers as proof of compliance with
government regulatory and pre-departure
requirements for the purpose of promoting
trafficking in persons;
"(c) xxx
"(d) xxx
"(e) xxx
"(f) xxx
"(g) xxx
"(h) To tamper with, destroy, or cause the
destruction of evidence, or to influence or
attempt to influence witnesses, in an
investigation or prosecution of a case under
this Act;
"(i) To destroy, conceal, remove, confiscate
or possess, or attempt to destroy, conceal,
remove, confiscate or possess, any actual or
purported passport or other travel,
immigration or working permit or document,
or any other actual or purported government
identification, of any person in order to
prevent or restrict, or attempt to prevent or
restrict, without lawful authority, the
person’s liberty to move or travel in order to
maintain the labor or services of that person;
or
"(j) To utilize his or her office to impede the
investigation, prosecution or execution of
lawful orders in a case under this Act."
Section 9. Section 6 of Republic Act No. 9208 is hereby
amended to read as follows:
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 "SEC. 6. Qualified Trafficking in Persons. – Violations
of Section 4 of this Act shall be considered as
qualified trafficking:
"x x x
"(d) When the offender is a spouse, an ascendant,
parent, sibling, guardian or a person who exercises
authority over the trafficked person or when the
offense is committed by a public officer or employee;
"x x x
"(f) When the offender is a member of the military or
law enforcement agencies;
"(g) When by reason or on occasion of the act of
trafficking in persons, the offended party dies,
becomes insane, suffers mutilation or is afflicted with
Human Immunodeficiency Virus (HIV) or the Acquired
Immune Deficiency Syndrome (AIDS);
"(h) When the offender commits one or more
violations of Section 4 over a period of sixty (60) or
more days, whether those days are continuous or
not; and
"(i) When the offender directs or through another
manages the trafficking victim in carrying out the
exploitative purpose of trafficking."
Section 10. Section 7 of Republic Act No. 9208 is hereby
amended to read as follows:
"SEC. 7. Confidentiality. – At any stage of the
investigation, rescue, prosecution and trial of an
offense under this Act, law enforcement officers,
prosecutors, judges, court personnel, social workers
and medical practitioners, as well as parties to the
case, shall protect the right to privacy of the
trafficked person. Towards this end, law enforcement
officers, prosecutors and judges to whom the
complaint has been referred may, whenever
necessary to ensure a fair and impartial proceeding,
and after considering all circumstances for the best
interest of the parties, order a closed-door
investigation, prosecution or trial. The name and
personal circumstances of the trafficked person or
any other information tending to establish the identity
of the trafficked person and his or her family shall not
be disclosed to the public.
"It shall be unlawful for any editor, publisher, and
reporter or columnist in case of printed materials,
announcer or producer in case of television and radio,
producer and director of a film in case of the movie
industry, or any person utilizing tri-media facilities or
electronic information technology to cause publicity of
the name, personal circumstances, or any information
tending to establish the identity of the trafficked
person except when the trafficked person in a written
statement duly notarized knowingly, voluntarily and
willingly waives said confidentiality.
"Law enforcement officers, prosecutors, judges, court
personnel, social workers and medical practitioners
shall be trained on the importance of maintaining
confidentiality as a means to protect the right to
privacy of victims and to encourage victims to file
complaints."
Section 11. Section 8 of Republic Act No. 9208 is hereby
amended to read as follows:
"SEC. 8. Initiation and Prosecution of Cases. –
"(a) Initiation of Investigation. – Law enforcement
agencies are mandated to immediately initiate
investigation and counter-trafficking-intelligence
gathering upon receipt of statements or affidavit from
victims of trafficking, migrant workers, or their
families who are in possession of knowledge or
information about trafficking in persons cases.
"(b) Prosecution of Cases. – Any person who has
personal knowledge of the commission of any offense
under this Act, such as the trafficked person, the
parents, spouse, siblings, children or legal guardian
may file a complaint for trafficking.
"(c) Affidavit of Desistance. – Cases involving
trafficking in persons should not be dismissed based
on the affidavit of desistance executed by the victims
or their parents or legal guardians. Public and private
prosecutors are directed to oppose and manifest
objections to motions for dismissal.
"Any act involving the means provided in this Act or
any attempt thereof for the purpose of securing an
Affidavit of Desistance from the complainant shall be
punishable under this Act."
Section 12. Section 10 of Republic Act No. 9208 is hereby
amended to read as follows:
"SEC. 10. Penalties and Sanctions. – The following
penalties and sanctions are hereby established for the
offenses enumerated in this Act:
"(a) Any person found guilty of committing any of the
acts enumerated in Section 4 shall suffer the penalty
of imprisonment of twenty (20) years and a fine of
not less than One million pesos (P1,000,000.00) but
not more than Two million pesos (P2,000,000.00);
"(b) Any person found guilty of committing any of the
acts enumerated in Section 4-A of this Act shall suffer
the penalty of imprisonment of fifteen (15) years and
a fine of not less than Five hundred thousand pesos
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(P500,000.00) but not more than One million pesos
(P1,000,000.00);
"(c) Any person found guilty of Section 4-B of this Act
shall suffer the penalty of imprisonment of fifteen
(15) years and a fine of not less than Five hundred
thousand pesos (P500,000.00) but not more than One
million pesos (P1,000,000.00);
"In every case, conviction shall cause and carry the
automatic revocation of the license or registration of
the recruitment agency involved in trafficking. The
license of a recruitment agency which trafficked a
child shall be automatically revoked.
"(d) Any person found, guilty of committing any of
the acts enumerated in Section 5 shall suffer the
penalty of imprisonment of fifteen (15) years and a
fine of not less than Five hundred thousand pesos
(P500,000.00) but not more than One million pesos
(P1,000,000.00);
"(e) Any person found guilty of qualified trafficking
under Section 6 shall suffer the penalty of life
imprisonment and a fine of not less than Two million
pesos (P2,000,000.00) but not more than Five million
pesos (P5,000,000.00);
"(f) Any person who violates Section 7 hereof shall
suffer the penalty of imprisonment of six (6) years
and a fine of not less than Five hundred thousand
pesos (P500,000.00) but not more than One million
pesos (P1,000,000.00);
"(g) If the offender is a corporation, partnership,
association, club, establishment or any juridical
person, the penalty shall be imposed upon the owner,
president, partner, manager, and/or any responsible
officer who participated in the commission of the
crime or who shall have knowingly permitted or failed
to prevent its commission;
"(h) The registration with the Securities and Exchange
Commission (SEC) and license to operate of the erring
agency, corporation, association, religious group, tour
or travel agent, club or establishment, or any place of
entertainment shall be cancelled and revoked
permanently. The owner, president, partner or
manager thereof shall not be allowed to operate
similar establishments in a different name;
"(i) If the offender is a foreigner, he or she shall be
immediately deported after serving his or her
sentence and be barred permanently from entering
the country;
"(j) Any employee or official of government agencies
who shall issue or approve the issuance of travel exit
clearances, passports, registration certificates,
counseling certificates, marriage license, and other
similar documents to persons, whether juridical or
natural, recruitment agencies, establishments or other
individuals or groups, who fail to observe the
prescribed procedures and the requirement as
provided for by laws, rules and regulations, shall be
held administratively liable, without prejudice to
criminal liability under this Act. The concerned
government official or employee shall, upon
conviction, be dismissed from the service and be
barred permanently to hold public office. His or her
retirement and other benefits shall likewise be
forfeited; and
"(k) Conviction, by final judgment of the adopter for
any offense under this Act shall result in the
immediate rescission of the decree of adoption."
Section 13. Section 11 of Republic Act No. 9208 is hereby
amended to read as follows:
"SEC. 11. Use of Trafficked Persons. – Any person
who buys or engages the services of a trafficked
person for prostitution shall be penalized with the
following: Provided, That the Probation Law
(Presidential Decree No. 968) shall not apply:
"(a) Prision Correccional in its maximum
period to prision mayor or six (6) years to
twelve (12) years imprisonment and a fine of
not less than Fifty thousand pesos
(P50,000.00) but not more than One
hundred thousand pesos
(P100,000.00): Provided, however, That the
following acts shall be exempted thereto:
"(1) If an offense under paragraph (a)
involves sexual intercourse or lascivious
conduct with a child, the penalty shall
be reclusion temporal in its medium period
to reclusion perpetua or seventeen (17)
years to forty (40) years imprisonment and a
fine of not less than Five hundred thousand
pesos (P500,000.00) but not more than One
million pesos (P1,000,000.00);
"(2) If an offense under paragraph (a)
involves carnal knowledge of, or sexual
intercourse with, a male or female trafficking
victim and also involves the use of force or
intimidation, to a victim deprived of reason
or to an unconscious victim, or a victim
under twelve (12) years of age, instead of
the penalty prescribed in the subparagraph
above the penalty shall be a fine of not less
than One million pesos (P1,000,000.00) but
not more than Five million pesos
(P5,000,000.00) and imprisonment
of reclusionperpetua or forty (40) years
imprisonment with no possibility of parole;
except that if a person violating paragraph
(a) of this section knows the person that
provided prostitution services is in fact a
victim of trafficking, the offender shall not be
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 likewise penalized under this section but
under Section 10 as a person violating
Section 4; and if in committing such an
offense, the offender also knows a qualifying
circumstance for trafficking, the offender
shall be penalized under Section 10 for
qualified trafficking. If in violating this
section the offender also violates Section 4,
the offender shall be penalized under Section
10 and, if applicable, for qualified trafficking
instead of under this section;
"(b) Deportation. – If a foreigner commits
any offense described by paragraph (1) or
(2) of this section or violates any pertinent
provision of this Act as an accomplice or
accessory to, or by attempting any such
offense, he or she shall be immediately
deported after serving his or her sentence
and be barred permanently from entering
the country; and
"(c) Public Official. – If the offender is a
public official, he or she shall be dismissed
from service and shall suffer perpetual
absolute disqualification to hold public,
office, in addition to any imprisonment or
fine received pursuant to any other provision
of this Act."
Section 14. Section 12 of Republic Act No. 9208 is hereby
amended to read as follows:
"SEC. 12. Prescriptive Period. – Trafficking cases
under this Act shall prescribe in ten (10)
years: Provided, however, That trafficking cases
committed by a syndicate or in a large scale as
defined under Section 6, or against a child, shall
prescribe in twenty (20) years.
"The prescriptive period shall commence to run from
the day on which the trafficked person is delivered or
released from the conditions of bondage, or in the
case of a child victim, from the day the child reaches
the age of majority, and shall be interrupted by the
filing of the complaint or information and shall
commence to run again when the proceedings
terminate without the accused being convicted or
acquitted or are unjustifiably stopped for any reason
not imputable to the accused."
Section 15. Section 16 of Republic Act No. 9208 is hereby
amended to read as follows:
"SEC. 16. Programs that Address Trafficking in
Persons. – The government shall establish and
implement preventive, protective and rehabilitative
programs for trafficked persons. For this purpose, the
following agencies are hereby mandated to implement
the following programs:
"(a) Department of Foreign Affairs (DFA) –
shall make available its resources and
facilities overseas for trafficked persons
regardless of their manner of entry to the
receiving country, and explore means to
further enhance its assistance in eliminating
trafficking activities through closer
networking with government agencies in the
country and overseas, particularly in the
formulation of policies and implementation of
relevant programs. It shall provide Filipino
victims of trafficking overseas with free legal
assistance and counsel to pursue legal action
against his or her traffickers, represent his or
her interests in any criminal investigation or
prosecution, and assist in the application for
social benefits and/or regular immigration
status as may be allowed or provided for by
the host country. The DFA shall repatriate
trafficked Filipinos with the consent of the
victims.
"The DFA shall take necessary measures for
the efficient implementation of the Electronic
Passporting System to protect the integrity
of Philippine passports, visas and other
travel documents to reduce the incidence of
trafficking through the use of fraudulent
identification documents.
"In coordination with the Department of
Labor and Employment, it shall provide free
temporary shelters and other services to
Filipino victims of trafficking overseas
through the migrant workers and other
overseas Filipinos resource centers
established overseas under Republic Act No.
8042, as amended.
"(b) Department of Social Welfare and
Development (DSWD) – shall implement
rehabilitative and protective programs for
trafficked persons. It shall provide
counseling and temporary shelter to
trafficked persons and develop a system for
accreditation among NGOs for purposes of
establishing centers and programs for
intervention in various levels of the
community. It shall establish free temporary
shelters, for the protection and housing of
trafficked persons to provide the following
basic services to trafficked persons:
"(1) Temporary housing and food
facilities;
"(2) Psychological support and
counseling;
"(3) 24-hour call center for crisis
calls and technology-based
counseling and referral system;
Page | 8
 "(4) Coordination with local law
enforcement entities; and
"(5) Coordination with the
Department of Justice, among
others.
"The DSWD must conduct information
campaigns in communities and schools
teaching parents and families that receiving
consideration in exchange for adoption is
punishable under the law. Furthermore,
information campaigns must be conducted
with the police that they must not induce
poor women to give their children up for
adoption in exchange for consideration.
"(c) Department of Labor and Employment
(DOLE) – shall ensure the strict
implementation and compliance with the
rules and guidelines relative to the
employment of persons locally and overseas.
It shall likewise monitor, document and
report cases of trafficking in persons
involving employers and labor recruiters.
"(d) Department of Justice (DOJ) – shall
ensure the prosecution of persons accused
of trafficking and designate and train special
prosecutors who shall handle and prosecute
cases of trafficking. It shall also establish a
mechanism for free legal assistance for
trafficked persons, in coordination with the
DSWD, Integrated Bar of the Philippines
(IBP) and other NGOs and volunteer groups.
"(e) Philippine Commission on Women
(PCW) – shall actively participate and
coordinate in the formulation and monitoring
of policies addressing the issue of trafficking
in persons in coordination with relevant
government agencies. It shall likewise
advocate for the inclusion of the issue of
trafficking in persons in both its local and
international advocacy for women’s issues.
"(f) Bureau of Immigration (BI) – shall
strictly administer and enforce immigration
and alien administration laws. It shall adopt
measures for the apprehension of suspected
traffickers both at the place of arrival and
departure and shall ensure compliance by
the Filipino fiancés/fiancées and spouses of
foreign nationals with the guidance and
counseling requirement as provided for in
this Act.
"(g) Philippine National Police (PNP) and
National Bureau of Investigation (NBI) –
shall be the primary law enforcement
agencies to undertake surveillance,
investigation and arrest of individuals or
persons suspected to be engaged in
trafficking. They shall closely coordinate with
each other and with other law enforcement
agencies to secure concerted efforts for
effective investigation and apprehension of
suspected traffickers. They shall also
establish a system to receive complaints and
calls to assist trafficked persons and conduct
rescue operations.
"(h) Philippine Overseas Employment
Administration (POEA) and Overseas
Workers and Welfare Administration
(OWWA) – POEA shall implement Pre-
Employment Orientation Seminars (PEOS)
while Pre-Departure Orientation Seminars
(PDOS) shall be conducted by the OWWA. It
shall likewise formulate a system of
providing free legal assistance to trafficked
persons, in coordination with the DFA.
"The POEA shall create a blacklist of
recruitment agencies, illegal recruiters and
persons facing administrative, civil and
criminal complaints for trafficking filed in the
receiving country and/or in the Philippines
and those agencies, illegal recruiters and
persons involved in cases of trafficking who
have been rescued by the DFA and DOLE in
the receiving country or in the Philippines
even if no formal administrative, civil or
criminal complaints have been
filed: Provided, That the rescued victims
shall execute an affidavit attesting to the
acts violative of the anti-trafficking law. This
blacklist shall be posted in conspicuous
places in concerned government agencies
and shall be updated bi-monthly.
"The blacklist shall likewise be posted by the
POEA in the shared government information
system, which is mandated to be established
under Republic Act No. 8042, as amended.
"The POEA and OWWA shall accredit NGOs
and other service providers to conduct PEOS
and PDOS, respectively. The PEOS and PDOS
should include the discussion and
distribution of the blacklist.
"The license or registration of a recruitment
agency that has been blacklisted may be
suspended by the POEA upon a review of
the complaints filed against said agency.
"(i) Department of the Interior and Local
Government (DILG) – shall institute a
systematic information and prevention
campaign in coordination with pertinent
agencies of government as provided for in
this Act. It shall provide training programs to
Page | 9
 local government units, in coordination with
the Council, in ensuring wide understanding
and application of this Act at the local level.
"(j) Commission on Filipinos Overseas – shall
conduct pre-departure counseling services
for Filipinos in intermarriages. It shall
develop a system for accreditation of NGOs
that may be mobilized for purposes of
conducting pre-departure counseling services
for Filipinos in intermarriages. As such, it
shall ensure that the counselors
contemplated under this Act shall have the
minimum qualifications and training of
guidance counselors as provided for by law.
"It shall likewise assist in the conduct of
information campaigns against trafficking in
coordination with local government units, the
Philippine Information Agency, and NGOs.
"(k) Local government units (LGUs) – shall
monitor and document cases of trafficking in
persons in their areas of jurisdiction, effect
the cancellation of licenses of establishments
which violate the provisions of this Act and
ensure effective prosecution of such cases.
They shall also undertake an information
campaign against trafficking in persons
through the establishment of the Migrants
Advisory and Information Network (MAIN)
desks in municipalities or provinces in
coordination with the DILG, Philippine
Information Agency (PIA), Commission on
Filipinos Overseas (CFO), NGOs and other
concerned agencies. They shall encourage
and support community-based initiatives
which address the trafficking in persons.
"In implementing this Act, the agencies
concerned may seek and enlist the
assistance of NGOs, people’s organizations
(POs), civic organizations and other
volunteer groups."
Section 16. A new Section 16-A is hereby inserted into
Republic Act No. 9208, to read as follows:
"SEC. 16-A. Anti-Trafficking in Persons Database. –
An anti-trafficking in persons central database shall
be established by the Inter-Agency Council Against
Trafficking created under Section 20 of this Act. The
Council shall submit a report to the President of the
Philippines and to Congress, on or before January 15
of every year, with respect to the preceding year’s
programs and data on trafficking-related cases.
"All government agencies tasked under the law to
undertake programs and render assistance to address
trafficking in persons shall develop their respective
monitoring and data collection systems, and
databases, for purposes of ensuring efficient
collection and storage of data on cases of trafficking
in persons handled by their respective offices. Such
data shall be submitted to the Council for integration
in a central database system.
"For this purpose, the Council is hereby tasked to
ensure the harmonization and standardization of
databases, including minimum data requirements,
definitions, reporting formats, data collection systems,
and data verification systems. Such databases shall
have, at the minimum, the following information:
"(a) The number of cases of trafficking in
persons, sorted according to status of cases,
including the number of cases being
investigated, submitted for prosecution,
dropped, and filed and/or pending before
the courts and the number of convictions
and acquittals;
"(b) The profile/information on each case;
"(c) The number of victims of trafficking in
persons referred to the agency by
destination countries/areas and by area of
origin; and
"(d) Disaggregated data on trafficking
victims and the accused/defendants."
Section 17. Section 17 of Republic Act No. 9208 is hereby
amended to read as follows:
"SEC. 17. Legal Protection to Trafficked Persons. –
Trafficked persons shall be recognized as victims of
the act or acts of trafficking and as such, shall not be
penalized for unlawful acts committed as a direct
result of, or as an incident or in relation to, being
trafficked based on the acts of trafficking enumerated
in this Act or in obedience to the order made by the
trafficker in relation thereto. In this regard, the
consent of a trafficked person to the intended
exploitation set forth in this Act shall be irrelevant.
"Victims of trafficking for purposes of prostitution as
defined under Section 4 of this Act are not covered by
Article 202 of the Revised Penal Code and as such,
shall not be prosecuted, fined, or otherwise penalized
under the said law."
Section 18. A new Section 17-A is hereby inserted into
Republic Act No. 9208, to read as follows:
"SEC. 17-A. Temporary Custody of Trafficked
Victims. – The rescue of victims should be done as
much as possible with the assistance of the DSWD or
an accredited NGO that services trafficked victims. A
law enforcement officer, on a reasonable suspicion
that a person is a victim of any offense defined under
Page | 10
 this Act including attempted trafficking, shall of the Department of Justice as Chairperson and the
immediately place that person in the temporary Secretary of the Department of Social Welfare and
custody of the local social welfare and development Development as Co-Chairperson and shall have the
office, or any accredited or licensed shelter institution following as members:
devoted to protecting trafficked persons after the
rescue." "(a) Secretary, Department of Foreign
Affairs;
Section 19. A new Section 17-B is hereby inserted into
Republic Act No. 9208, to read as follows: "(b) Secretary, Department of Labor and
Employment;
"SEC. 17-B. Irrelevance of Past Sexual Behavior,
Opinion Thereof or Reputation of Victims and of "(c) Secretary, Department of the Interior
Consent of Victims in Cases of Deception, Coercion and Local Government;
and Other Prohibited Means. – The past sexual
behavior or the sexual predisposition of a trafficked
"(d) Administrator, Philippine Overseas
person shall be considered inadmissible in evidence
Employment Administration;
for the purpose of proving consent of the victim to
engage in sexual behavior, or to prove the
predisposition, sexual or otherwise, of a trafficked "(e) Commissioner, Bureau of Immigration;
person. Furthermore, the consent of a victim of
trafficking to the intended exploitation shall be "(f) Chief, Philippine National Police;
irrelevant where any of the means set forth in Section
3(a) of this Act has been used."
"(g) Chairperson, Philippine Commission on
Women;
Section 20. A new Section 17-C is hereby inserted into
Republic Act No. 9208, to read as follows:
"(h) Chairperson, Commission on Filipinos
Overseas;
"SEC. 17-C. Immunity from Suit, Prohibited Acts and
Injunctive Remedies. – No action or suit shall be
"(i) Executive Director, Philippine Center for
brought, instituted or maintained in any court or
Transnational Crimes; and
tribunal or before any other authority against any: (a)
law enforcement officer; (b) social worker; or (c)
person acting in compliance with a lawful order from "(j) Three (3) representatives from NGOs,
any of the above, for lawful acts done or statements who shall include one (1) representative
made during an authorized rescue operation, recovery each from among the sectors representing
or rehabilitation/intervention, or an investigation or women, overseas Filipinos, and children,
prosecution of an anti-trafficking case: Provided, That with a proven record of involvement in the
such acts shall have been made in good faith. prevention and suppression of trafficking in
persons. These representatives shall be
nominated by the government agency
"The prosecution of retaliatory suits against victims of
representatives of the Council, for
trafficking shall be held in abeyance pending final
appointment by the President for a term of
resolution and decision of criminal complaint for
three (3) years.
trafficking.

"The members of the Council may designate their

"It shall be prohibited for the DFA, the DOLE, and the
permanent representatives who shall have a rank not
POEA officials, law enforcement officers, prosecutors
lower than an assistant secretary or its equivalent to
and judges to urge complainants to abandon their
meetings, and shall receive emoluments as may be
criminal, civil and administrative complaints for
determined by the Council in accordance with existing
trafficking.
budget and accounting rules and regulations."

"The remedies of injunction and attachment of

Section 22. Section 22 of Republic Act No. 9208 is hereby
properties of the traffickers, illegal recruiters and
amended to read as follows:
persons involved in trafficking may be issued motu
proprio by judges."
"SEC. 22. Secretariat to the Council. – The
Department of Justice shall establish the necessary
Section 21. Section 20 of Republic Act No. 9208 is hereby
Secretariat for the Council.
amended to read as follows:

"The secretariat shall provide support for the

"SEC. 20. Inter-Agency Council Against Trafficking. –
functions and projects of the Council. The secretariat
There is hereby established an Inter-Agency Council
shall be headed by an executive director, who shall be
Against Trafficking, to be composed of the Secretary
Page | 11
 appointed by the Secretary of the DOJ upon the
recommendation of the Council. The executive
director must have adequate knowledge on, training
and experience in the phenomenon of and issues
involved in trafficking in persons and in the field of
law, law enforcement, social work, criminology, or
psychology.
"The executive director shall be under the supervision
of the Inter-Agency Council Against Trafficking
through its Chairperson and Co-Chairperson, and shall
perform the following functions:
"(a) Act as secretary of the Council and
administrative officer of its secretariat;
"(b) Advise and assist the Chairperson in
formulating and implementing the
objectives, policies, plans and programs of
the Council, including those involving
mobilization of government offices
represented in the Council as well as other
relevant government offices, task forces, and
mechanisms;
"(c) Serve as principal assistant to the
Chairperson in the overall supervision of
council administrative business;
"(d) Oversee all council operational activities;
"(e) Ensure an effective and efficient
performance of council functions and prompt
implementation of council objectives,
policies, plans and programs;
"(f) Propose effective allocations of
resources for implementing council
objectives, policies, plans and programs;
"(g) Submit periodic reports to the Council
on the progress of council objectives,
policies, plans and programs;
"(h) Prepare annual reports of all council
activities; and
"(i) Perform other duties as the Council may
assign."
Section 23. A new Section 26-A is hereby inserted into
Republic Act No. 9208, to read as follows:
"SEC. 26-A. Extra-Territorial Jurisdiction. – The State
shall exercise jurisdiction over any act defined and
penalized under this Act, even if committed outside
the Philippines and whether or not such act or acts
constitute an offense at the place of commission, the
crime being a continuing offense, having been
commenced in the Philippines and other elements
having been committed in another country, if the
suspect or accused:
"(a) Is a Filipino citizen; or
"(b) Is a permanent resident of the
Philippines; or
"(c) Has committed the act against a citizen
of the Philippines.
"No prosecution may be commenced against a person
under this section if a foreign government, in
accordance with jurisdiction recognized by the
Philippines, has prosecuted or is prosecuting such
person for the conduct constituting such offense,
except upon the approval of the Secretary of Justice.
"The government may surrender or extradite persons
accused of trafficking in the Philippines to the
appropriate international court if any, or to another
State pursuant to the applicable extradition laws and
treaties."
Section 24. Section 28 of Republic Act No. 9208 is hereby
amended, to read as follows:
"SEC. 28. Funding. – The amount necessary to
implement the provisions of this Act shall be charged
against the current year’s appropriations of the Inter-
Agency Council Against Trafficking under the budget
of the DOJ and the appropriations of the other
concerned departments. Thereafter, such sums as
may be necessary for the continued implementation
of this Act shall be included in the annual General
Appropriations Act."1âwphi1
Section 25. A new Section 28-A is hereby inserted into
Republic Act No. 9208, to read as follows:
"SEC. 28-A. Additional Funds for the Council. – The
amount collected from every penalty, fine or asset
derived from any violation of this Act shall be
earmarked as additional funds for the use of the
Council. The fund may be augmented by grants,
donations and endowment from various sources,
domestic or foreign, for purposes related to their
functions, subject to the existing accepted rules and
regulations of the Commission on Audit."
Section 26. Section 32 of Republic Act No. 9208 of the
Repealing Clause is hereby amended to read as follows:
"SEC. 32. Repealing Clause. – Article 202 of the
Revised Penal Code, as amended, and all laws, acts,
presidential decrees, executive orders, administrative
orders, rules and regulations inconsistent with or
contrary to the provisions of this Act are deemed
amended, modified or repealed
accordingly: Provided, That this Act shall not in any
Page | 12
 way amend or repeal the provisions of Republic Act
No. 7610, otherwise known as the ‘Special Protection
of Child Against Child Abuse, Exploitation and
Discrimination Act.’"
Section 27. Section 33 of Republic Act No. 9208 is hereby
amended to read as follows:
"SEC. 33. Effectivity. – This Act shall take effect
fifteen (15) days following its complete publication in
at least two (2) newspapers of general circulation."
17. Illegal Possession of Firearms (P.D. 1866, as
amended by R.A. No. 8294 and R.A. No. 10591)
REPUBLIC ACT No. 10591
AN ACT PROVIDING FOR A COMPREHENSIVE LAW ON
FIREARMS AND AMMUNITION AND PROVIDING
PENALTIES FOR VIOLATIONS THEREOF
Be it enacted by the Senate and House of Representatives of
the Philippines in Congress assembled:
ARTICLE I
TITLE, DECLARATION OF POLICY AND DEFINITION OF
TERMS
Section 1. Short Title. – This Act shall be known as the
"Comprehensive Firearms and Ammunition Regulation Act".
Section 2. Declaration of State Policy. – It is the policy of the
State to maintain peace and order and protect the people
against violence. The State also recognizes the right of its
qualified citizens to self-defense through, when it is the
reasonable means to repel the unlawful aggression under the
circumstances, the use of firearms. Towards this end, the State
shall provide for a comprehensive law regulating the
ownership, possession, carrying, manufacture, dealing in and
importation of firearms, ammunition, or parts thereof, in order
to provide legal support to law enforcement agencies in their
campaign against crime, stop the proliferation of illegal
firearms or weapons and the illegal manufacture of firearms or
weapons, ammunition and parts thereof.
Section 3. Definition of Terms. – As used in this Act:
(a) Accessories refer to parts of a firearm which may
enhance or increase the operational efficiency or
accuracy of a firearm but will not constitute any of
the major or minor internal parts thereof such as, hut
not limited to, laser scope, telescopic sight and sound
suppressor or silencer.
(b) Ammunition refers to a complete unfixed unit
consisting of a bullet, gunpowder, cartridge case and
primer or loaded shell for use in any firearm.
(c) Antique firearm refers to any: (1) firearm which
was manufactured at least seventy-five (75) years
prior to the current date but not including replicas;
(2) firearm which is certified by the National Museum
of the Philippines to be curio or relic of museum
interest; and (3) any other firearm which derives a
substantial part of its monetary value from the fact
that it is novel, rare, bizarre or because of its
association with some historical figure, period or
event.
(d) Arms smuggling refers to the import, export,
acquisition, sale, delivery, movement or transfer of
firearms, their parts and components and
ammunition, from or across the territory of one
country to that of another country which has not
been authorized in accordance with domestic law in
either or both country/countries.
(e) Authority to import refers to a document issued by
the Chief of the Philippine National Police (PNP)
authorizing the importation of firearms, or their parts,
ammunition and other components.
(f) Authorized dealer refers to any person, legal
entity, corporation, partnership or business entity duly
licensed by the Firearms and Explosive Office (FEO) of
the PNP to engage in the business of buying and
selling ammunition, firearms or parte thereof, at
wholesale or retail basis.
(g) Authorized importer refers to any person, legal
entity, corporation, partnership or business duly
licensed by the FEO of the PNP to engage in the
business of importing ammunition and firearms, or
parts thereof into the territory of the Republic of the
Philippines for purposes of sale or distribution under
the provisions of this Act.
(h) Authorized manufacturer refers to any person,
legal entity, corporation, or partnership duly licensed
by the FEO of the PNP to engage in the business of
manufacturing firearms, and ammunition or parts
thereof for purposes of sale or distribution.1âwphi1
(i) Confiscated firearm refers to a firearm that is
taken into custody by the PNP, National Bureau of
Investigation (NBI), Philippine Drug Enforcement
Agency (PDEA), and all other law enforcement
agencies by reason of their mandate and must be
necessarily reported or turned over to the PEO of the
PNP.
(j) Demilitarized firearm refers to a firearm
deliberately made incapable of performing its main
purpose of firing a projectile.
(k) Duty detail order refers to a document issued by
the juridical entity or employer wherein the details of
the disposition of firearm is spelled-out, thus
indicating the name of the employee, the firearm
information, the specific duration and location of
posting or assignment and the authorized bonded
Page | 13
firearm custodian for the juridical entity to whom such
firearm is turned over after the lapse of the order.
(l) Firearm refers to any handheld or portable
weapon, whether a small arm or light weapon, that
expels or is designed to expel a bullet, shot, slug,
missile or any projectile, which is discharged by
means of expansive force of gases from burning
gunpowder or other form of combustion or any similar
instrument or implement. For purposes of this Act,
the barrel, frame or receiver is considered a firearm.
(m) Firearms Information Management System
(FIMS) refers to the compilation of all data and
information on firearms ownership and disposition for
record purposes.
(n) Forfeited firearm refers to a firearm that is subject
to forfeiture by reason of court order as accessory
penalty or for the disposition by the FEO of the PNP
of firearms considered as abandoned, surrendered,
confiscated or revoked in compliance with existing
rules and regulations.
(o) Gun club refers to an organization duly registered
with and accredited in good standing by the FEO of
the PNP which is established for the purpose of
propagating responsible and safe gun ownership,
proper appreciation and use of firearms by its
members, for the purpose of sports and shooting
competition, self-defense and collection purposes.
(p) Gunsmith refers to any person, legal entity,
corporation, partnership or business duly licensed by
the FEO of the PNP to engage in the business of
repairing firearms and other weapons or constructing
or assembling firearms and weapons from finished or
manufactured parts thereof on a per order basis and
not in commercial quantities or of making minor parts
for the purpose of repairing or assembling said
firearms or weapons.
(q) Imitation firearm refers to a replica of a firearm,
or other device that is so substantially similar in
coloration and overall appearance to an existing
firearm as to lead a reasonable person to believe that
such imitation firearm is a real firearm.
(r) Licensed citizen refers to any Filipino who complies
with the qualifications set forth in this Act and duly
issued with a license to possess or to carry firearms
outside of the residence in accordance with this Act.
(s) Licensed, juridical entity refers to corporations,
organizations, businesses including security agencies
and local government units (LGUs) which are licensed
to own and possess firearms in accordance with this
Act.
(t) Light weapons are: Class-A Light weapons which
refer to self-loading pistols, rifles and carbines,
submachine guns, assault rifles and light machine
guns not exceeding caliber 7.62MM which have fully
automatic mode; and Class-B Light weapons which
refer to weapons designed for use by two (2) or more
persons serving as a crew, or rifles and machine guns
exceeding caliber 7.62MM such as heavy machine
guns, handheld underbarrel and mounted grenade
launchers, portable anti-aircraft guns, portable anti-
tank guns, recoilless rifles, portable launchers of anti-
tank missile and rocket systems, portable launchers of
anti-aircraft missile systems, and mortars of a caliber
of less than 100MM.
(u) Long certificate of registration refers to licenses
issued to government agencies or offices or
government-owned or -controlled corporations for
firearms to be used by their officials and employees
who are qualified to possess firearms as provider in
this Act, excluding security guards.
(v) Loose firearm refers to an unregistered firearm,
an obliterated or altered firearm, firearm which has
been lost or stolen, illegally manufactured firearms,
registered firearms in the possession of an individual
other than the licensee and those with revoked
licenses in accordance with the rules and regulations.
(w) Major part or components of a firearm refers to
the barrel, slide, frame, receiver, cylinder or the bolt
assembly. The term also includes any part or kit
designed and intended for use in converting a semi-
automatic burst to a full automatic firearm.
(x) Minor parts of a firearm refers to the parts of the
firearm other than the major parts which are
necessary to effect and complete the action of
expelling a projectile by way of combustion, except
those classified as accessories.
(y) Permit to carry firearm outside of residence refers
to a written authority issued to a licensed citizen by
the Chief of the PNP which entitles such person to
carry his/her registered or lawfully issued firearm
outside of the residence for the duration and purpose
specified in the authority.
(z) Permit to transport firearm refers to a written
authority issued to a licensed citizen or entity by the
Chief of the PNP or by a PNP Regional Director which
entitles such person or entity to transport a particular
firearm from and to a specific location within the
duration and purpose in the authority.
(aa) Residence refers to the place or places of abode
of the licensed citizen as indicated in his/her license.
(bb) Shooting range refers to a facility established for
the purpose of firearms training and skills
development, firearm testing, as well as for sports
and competition shooting either for the exclusive use
of its members or open to the general public, duly
Page | 14
registered with and accredited in good standing by
the FEO of the PNP.
(cc) Short certificate of registration refers to a
certificate issued by the FEO of the PNP for a
government official or employee who was issued by
his/her employer department, agency or government-
owned or -controlled corporation a firearm covered by
the long certificate of registration.
(dd) Small arms refer to firearms intended to be or
primarily designed for individual use or that which is
generally considered to mean a weapon intended to
be fired from the hand or shoulder, which are not
capable of fully automatic bursts of discharge, such
as:
(1) Handgun which is a firearm intended to
be fired from the hand, which includes:
(i) A pistol which is a hand-
operated firearm having a chamber
integral with or permanently
aligned with the bore which may be
self-loading; and
(ii) Revolver which is a hand-
operated firearm with a revolving
cylinder containing chambers for
individual cartridges.
(2) Rifle which is a shoulder firearm or
designed to be fired from the shoulder that
can discharge a bullet through a rifled barrel
by different actions of loading, which may be
classified as lever, bolt, or self-loading; and
(3) Shotgun which is a weapon designed,
made and intended to fire a number of ball
shots or a single projectile through a smooth
bore by the action or energy from burning
gunpowder.
(ee) Sports shooting competition refers to a
defensive, precision or practical sport shooting
competition duly authorized by the FEO of the PNP.
(ff) Tampered, obliterated or altered firearm refers to
any firearm whose serial number or other
identification or ballistics characteristics have been
intentionally tampered with, obliterated or altered
without authority or in order to conceal its source,
identity or ownership.
(gg) Thermal weapon sight refers to a battery
operated, uncooled thermal imaging device which
amplifies available thermal signatures so that the
viewed scene becomes clear to the operator which is
used to locate and engage targets during daylight and
from low light to total darkness and operates in
adverse conditions such as light rain, light snow, and
dry smoke or in conjunction with other optical and red
dot sights.
ARTICLE II
OWNERSHIP AND POSSESSION OF FIREARMS
Section 4. Standards and Requisites for Issuance of and
Obtaining a License to Own and Possess Firearms. – In order
to qualify and acquire a license to own and possess a firearm
or firearms and ammunition, the applicant must be a Filipino
citizen, at least twenty-one (21) years old and has gainful
work, occupation or business or has filed an Income Tax
Return (ITR) for the preceding year as proof of income,
profession, business or occupation.
In addition, the applicant shall submit the following
certification issued by appropriate authorities attesting the
following:
(a) The applicant has not been convicted of any crime
involving moral turpitude;
(b) The applicant has passed the psychiatric test
administered by a PNP-accredited psychologist or
psychiatrist;
(c) The applicant has passed the drug test conducted
by an accredited and authorized drug testing
laboratory or clinic;
(d) The applicant has passed a gun safety seminar
which is administered by the PNP or a registered and
authorized gun club;
(e) The applicant has filed in writing the application to
possess a registered firearm which shall state the
personal circumstances of the applicant;
(f) The applicant must present a police clearance from
the city or municipality police office; and
(g) The applicant has not been convicted or is
currently an accused in a pending criminal case
before any court of law for a crime that is punishable
with a penalty of more than two (2) years.
For purposes of this Act, an acquittal or permanent dismissal of
a criminal case before the courts of law shall qualify the
accused thereof to qualify and acquire a license.
The applicant shall pay the reasonable licensing fees as may
be provided in the implementing rules and regulations of this
Act.
An applicant who intends to possess a firearm owned by a
juridical entity shall submit his/her duty detail order to the FEO
of the PNP.
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Section 5. Ownership of Firearms and Ammunition by a (c) Accredited Media Practitioners;
Juridical Entity. – A juridical person maintaining its own
security force may be issued a regular license to own and (d) Cashiers, Bank Tellers;
possess firearms and ammunition under the following
conditions:
(e) Priests, Ministers, Rabbi, Imams;

(a) It must be Filipino-owned and duly registered with

(f) Physicians and Nurses;
the Securities and Exchange Commission (SEC);

(g) Engineers; and

(b) It is current, operational and a continuing
concern;
(h) Businessmen, who by the nature of their business
or undertaking, are exposed to high risk of being
(c) It has completed and submitted all its reportorial
targets of criminal elements.
requirements to the SEC; and

ARTICLE III
(d) It has paid all its income taxes for the year, as
REGISTRATION AND LICENSING
duly certified by the Bureau of Internal Revenue.

Section 8. Authority to Issue License. – The Chief of the PNP,

The application shall be made in the name of the juridical
through the FEO of the PNP, shall issue licenses to qualified
person represented by its President or any of its officers
individuals and to cause the registration of firearms.
mentioned below as duly authorized in a board resolution to
that effect: Provided, That the officer applying for the juridical
entity, shall possess all the qualifications required of a citizen Section 9. Licenses Issued to Individuals. – Subject to the
applying for a license to possess firearms. requirements set forth in this Act and payment of required fees
to be determined by the Chief of the PNP, a qualified individual
may be issued the appropriate license under the following
Other corporate officers eligible to represent the juridical
categories;
person are: the vice president, treasurer, and board secretary.

Type 1 license – allows a citizen to own and possess a

Security agencies and LGUs shall be included in this category
maximum of two (2) registered firearms;
of licensed holders but shall be subject to additional
requirements as may be required by the Chief of the PNP.
Type 2 license – allows a citizen to own and possess a
maximum of five (5) registered firearms;
Section 6. Ownership of Firearms by the National
Government. – All firearms owned by the National Government
shall be registered with the FEO of the PNP in the name of the Type 3 license – allows a citizen to own and possess a
Republic of the Philippines. Such registration shall be exempt maximum of ten (10) registered firearms;
from all duties and taxes that may otherwise be levied on
other authorized owners of firearms. For reason of national Type 4 license – allows a citizen to own and possess a
security, firearms of the Armed Forces of the Philippines (AFP), maximum of fifteen (15) registered firearms; and
Coast Guard and other law enforcement agencies shall only be
reported to the FEO of the PNP.
Type 5 license – allows a citizen, who is a certified
gun collector, to own and possess more than fifteen
Section 7. Carrying of Firearms Outside of Residence or Place (15) registered firearms.
of Business. – A permit to carry firearms outside of residence
shall be issued by the Chief of the PNP or his/her duly
For Types 1 to 5 licenses, a vault or a container secured by
authorized representative to any qualified person whose life is
lock and key or other security measures for the safekeeping of
under actual threat or his/her life is in imminent danger due to
firearms shall be required.
the nature of his/her profession, occupation or business.

For Types 3 to 5 licenses, the citizen must comply with the

It shall be the burden of the applicant to prove that his/her life
is under actual threat by submitting a threat assessment
certificate from the PNP.
For purposes of this Act, the following professionals are
considered to be in imminent danger due to the nature of their
profession, occupation or business:
(a) Members of the Philippine Bar;
(b) Certified Public Accountants;
inspection and bond requirements.
Section 10. Firearms That May Be Registered. – Only small
arms may be registered by licensed citizens or licensed
juridical entities for ownership, possession and concealed
carry. A light weapon shall be lawfully acquired or possessed
exclusively by the AFP, the PNP and other law enforcement
agencies authorized by the President in the performance of
their duties: Provided, That private individuals who already
have licenses to possess Class-A light weapons upon the
effectivity of this Act shall not be deprived of the privilege to
Page | 16
continue possessing the same and renewing the licenses
therefor, for the sole reason that these firearms are Class "A"
light weapons, and shall be required to comply with other
applicable provisions of this Act.
Section 11. Registration of Firearms. – The licensed citizen or
licensed juridical entity shall register his/her/its firearms so
purchased with the FEO of the PNP in accordance with the
type of license such licensed citizen or licensed juridical entity
possesses. A certificate of registration of the firearm shall be
issued upon payment of reasonable fees.
For purposes of this Act, registration refers to the application,
approval, record-keeping and monitoring of firearms with the
FEO of the PNP in accordance with the type of license issued
to any person under Section 9 of this Act.
Section 12. License to Possess Ammunition Necessarily
Included. – The licenses granted to qualified citizens or
juridical entities as provided in Section 9 of this Act shall
include the license to possess ammunition with a maximum of
fifty (50) rounds for each registered firearm: Provided; That
the FEO of the PNP may allow more ammunition to be
possessed by licensed sports shooters.
Section 13. Issuance of License to Manufacture or Deal In
Firearms and Ammunition. – Any person desiring to
manufacture or deal in firearms, parts of firearms or
ammunition thereof, or instruments and implements used or
intended to be used in the manufacture of firearms, parts of
firearms or ammunition, shall make an application to:
(a) The Secretary of the Department of the Interior
and Local Government (DILG) in the case of an
application for a license to manufacture; and
(b) The Chief of the PNP in the case of a license to
deal in firearms and firearms parts, ammunition and
gun repair.
The applicant shall state the amount of capitalization for
manufacture or cost of the purchase and sale of said articles
intended to be transacted by such applicant; and the types of
firms, ammunition or implements which the applicant intends
to manufacture or purchase and sell under the license applied
for; and such additional information as may be especially
requested by the Secretary of the DILG or the Chief of the
PNP.
The Secretary of the DILG or the Chief of the PNP may
approve or disapprove such application based on the
prescribed guidelines. In the case of approval, the Secretary of
the DILG or the Chief of the PNP shall indicate the amount of
the bond to be executed by the applicant before the issuance
of the license and the period of time by which said license shall
be effective, unless sooner revoked by their authority.
Upon approval of the license to manufacture or otherwise deal
in firearms by the Secretary of the DILG or the Chief of the
PNP as the case may be, the same shall be transmitted to the
FEO of the PNP which shall issue the license in accordance
with the approved terms and conditions, upon the execution
and delivery by the applicant of the required bond conditioned
upon the faithful compliance on the part of the licensee to the
laws and regulations relative to the business licensed.
Section 14. Scope of License to Manufacture Firearms and
Ammunition. – The scope of the License to Manufacture
firearms and ammunition shall also include the following:
(a) The authority to manufacture and assemble
firearms, ammunition, spare parts and accessories,
ammunition components, and reloading of
ammunitions, within sites, areas, and factories stated
therein. The Secretary of the DILG shall approve such
license;
(b) The license to deal in or sell all the items covered
by the License to Manufacture, such as parts,
firearms or ammunition and components;
(c) The authority to subcontract the manufacturing of
parts and accessories necessary for the firearms
which the manufacturer is licensed to
manufacture: Provided, That the subcontractor of
major parts or major components is also licensed to
manufacture firearms and ammunition; and
(d) The authority to import machinery, equipment,
and firearm parts and ammunition components for
the manufacture thereof. Firearm parts and
ammunition components to be imported shall,
however, be limited to those authorized to be
manufactured as reflected in the approved License to
Manufacture. The Import Permit shall be under the
administration of the PNP.
A licensed manufacturer of ammunition is also entitled to
import various reference firearms needed to test the
ammunition manufactured under the License to Manufacture.
A licensed manufacturer of firearms, on the other hand, is
entitled to import various firearms for reference, test and
evaluation for manufacture of similar, types of firearms
covered by the License to Manufacture.
An export permit shall, however, be necessary to export
manufactured parts or finished products of firearms and
ammunition. The Export Permit of firearms and ammunition
shall be under the administration of the PNP.
Section 15. Registration of Locally Manufactured and
Imported Firearms. – Local manufacturers and importers of
firearms and major parts thereof shall register the same as
follows:
(a) For locally manufactured firearms and major parts
thereof, the initial registration shall be done at the
manufacturing facility: Provided, That firearms
intended for export shall no longer be subjected to
ballistic identification procedures; and
Page | 17
 (b) For imported firearms and major parts thereof,
the registration shall be done upon arrival at the FEO
of the PNP storage facility.
Section 16. License and Scope of License to Deal. – The
License to Deal authorizes the purchase, sale and general
business in handling firearms and ammunition, major and
minor parts of firearms, accessories, spare parts, components,
and reloading machines, which shall be issued by the Chief of
the PNP.
Section 17. License and Scope of License for Gunsmiths. –
The license for gunsmiths shall allow the grantee to repair
registered firearms. The license shall include customization of
firearms from finished or manufactured parts thereof on per
order basis and not in commercial quantities and making the
minor parts thereof, i.e. pins, triggers, trigger bows, sights and
the like only for the purpose of repairing the registered
firearm. The license for gunsmiths shall be issued by the Chief
of the PNP.
Section 18. Firearms for Use in Sports and Competitions. –
A qualified individual shall apply for a permit to transport
his/her registered firearm/s from his/her residence to the firing
range/s and competition sites as may be warranted.
Section 19. Renewal of Licenses and Registration. – All types
of licenses to possess a firearm shall be renewed every two (2)
years. Failure to renew the license on or before the date of its
expiration shall cause the revocation of the license and of the
registration of the firearm/s under said licensee.
The registration of the firearm shall be renewed every four (4)
years. Failure to renew the registration of the firearm on or
before the date of expiration shall cause the revocation of the
license of the firearm. The said firearm shall be confiscated or
forfeited in favor of the government after due process.
The failure to renew a license or registration within the periods
stated above on two (2) occasions shall cause the holder of
the firearm to be perpetually disqualified from applying for any
firearm license. The application for the renewal of the license
or registration may be submitted to the FEO of the PNP, within
six (6) months before the date of the expiration of such license
or registration.
Section 20. Inspection and Inventory. – The Chief of the PNP
or his/her authorized representative shall require the
submission of reports, inspect or examine the inventory and
records of a licensed manufacturer, dealer or importer of
firearms and ammunition during reasonable hours.
ARTICLE IV
ACQUISITION, DEPOSIT OF FIREARMS, ABANDONED,
DEMILITARIZED AND ANTIQUE FIREARMS
Section 21. Acquisition or Purchase and Sale of Firearms and
Ammunition. – Firearms and ammunition may only be acquired
or purchased from authorized dealers, importers or local
manufacturers and may be transferred or sold only from a
licensed citizen or licensed juridical entity to another licensed
citizen or licensed juridical entity: Provided, That, during
election periods, the sale and registration of firearms and
ammunition and the issuance of the corresponding licenses to
citizens shall be allowed on the condition that the transport or
delivery thereof shall strictly comply with the issuances,
resolutions, rules and regulations promulgated by the
Commission on Elections.
Section 22. Deposit of Firearms by Persons Arriving From
Abroad. – A person arriving in the Philippines who is legally in
possession of any firearm or ammunition in his/her country of
origin and who has declared the existence of the firearm upon
embarkation and disembarkation but whose firearm is not
registered in the Philippines in accordance with this Act shall
deposit the same upon written receipt with the Collector of
Customs for delivery to the FEO of the PNP for safekeeping, or
for the issuance of a permit to transport if the person is a
competitor in a sports shooting competition. If the importation
of the same is allowed and the party in question desires to
obtain a domestic firearm license, the same should be
undertaken in accordance with the provisions of this Act. If no
license is desired or leave to import is not granted, the firearm
or ammunition in question shall remain in the custody of the
FEO of the PNP until otherwise disposed of in-accordance with
law.
Section 23. Return of Firearms to Owner upon Departure
from the Philippines. – Upon the departure from the Philippines
of any person whose firearm or ammunition is in the custody
of the FEO of the PNP, the same shall, upon timely request, be
delivered to the person through the Collector of Customs. In
the case of a participant in a local sports shooting competition,
the firearm must be presented to the Collector of Customs
before the same is allowed to be loaded on board the carrier
on which the person is to board.
Section 24. Safekeeping of Firearms and Ammunition. – Any
licensee may deposit a registered firearm to the FEO of the
PNP, or any Police Regional Office for safekeeping. Reasonable
fees for storage shall be imposed.
Section 25. Abandoned Firearms and Ammunition. – Any
firearm or ammunition deposited in the custody of the FEO of
the PNP pursuant to the provisions of this Act, shall be deemed
to have been abandoned by the owner or his/her authorized
representative if he/she failed to reclaim the same within five
(5) years or failed to advise the FEO of the PNP of the
disposition to be made thereof. Thereafter, the FEO of the PNP
may dispose of the same after compliance with established
procedures.
Section 26. Death or Disability of Licensee. – Upon the death
or legal disability of the holder of a firearm license, it shall be
the duty of his/her next of kin, nearest relative, legal
representative, or other person who shall knowingly come into
possession of such firearm or ammunition, to deliver the same
to the FEO of the PNP or Police Regional Office, and such
firearm or ammunition shall be retained by the police custodian
pending the issuance of a license and its registration in
accordance, with this Act. The failure to deliver the firearm or
ammunition within six (6) months after the death or legal
Page | 18
disability of the licensee shall render the possessor liable for
illegal possession of the firearm.
Section 27. Antique Firearm. – Any person who possesses an
antique firearm shall register the same and secure a collector’s
license from the FEO of the PNP. Proper storage of antique
firearm shall be strictly imposed. Noncompliance of this
provision shall be considered as illegal possession of the
firearm as penalized in this Act.
ARTICLE V
PENAL PROVISIONS
Section 28. Unlawful Acquisition, or Possession of Firearms
and Ammunition. – The unlawful acquisition, possession of
firearms and ammunition shall be penalized as follows:
(a) The penalty of prision mayor in its medium period
shall be imposed upon any person who shall
unlawfully acquire or possess a small arm;
(b) The penalty of reclusion temporal to reclusion
perpetua shall be imposed if three (3) or more small
arms or Class-A light weapons are unlawfully acquired
or possessed by any person;
(c) The penalty of prision mayor in its maximum
period shall be imposed upon any person who shall
unlawfully acquire or possess a Class-A light weapon;
(d) The penalty of reclusion perpetua shall be
imposed upon any person who shall, unlawfully
acquire or possess a Class-B light weapon;
(e) The penalty of one (1) degree higher than that
provided in paragraphs (a) to (c) in this section shall
be imposed upon any person who shall unlawfully
possess any firearm under any or combination of the
following conditions:
(1) Loaded with ammunition or inserted with
a loaded magazine;
(2) Fitted or mounted with laser or any
gadget used to guide the shooter to hit the
target such as thermal weapon sight (TWS)
and the like;
(3) Fitted or mounted with sniper scopes,
firearm muffler or firearm silencer;
(4) Accompanied with an extra barrel; and
(5) Converted to be capable of firing full
automatic bursts.
(f) The penalty of prision mayor in its minimum period
shall be imposed upon any person who shall
unlawfully acquire or possess a major part of a small
arm;
(g) The penalty of prision mayor in its minimum
period shall be imposed upon any person who shall
unlawfully acquire or possess ammunition for a small
arm or Class-A light weapon. If the violation of this
paragraph is committed by the same person charged
with the unlawful acquisition or possession of a small
arm, the former violation shall be absorbed by the
latter;
(h) The penalty of prision mayor in its medium period
shall be imposed upon any person who shall
unlawfully acquire or possess a major part of a Class-
A light weapon;
(i) The penalty of prision mayor in its medium period
shall be imposed upon any person who shall
unlawfully acquire or possess ammunition for a Class-
A light weapon. If the violation of this paragraph is
committed by the same person charged with the
unlawful acquisition or possession of a Class-A light
weapon, the former violation shall be absorbed by the
latter;
(j) The penalty of prision mayor in its maximum
period shall be imposed upon any person who shall
unlawfully acquire or possess a major part of a Class-
B light weapon; and
(k) The penalty of prision mayor in its maximum
period shall be imposed upon any person who shall
unlawfully acquire or possess ammunition for a Class-
B light weapon. If the violation of this paragraph is
committed by the same person charged with the
unlawful acquisition or possession of a Class-B light
weapon, the former violation shall be absorbed by the
latter.
Section 29. Use of Loose Firearm in the Commission of a
Crime. – The use of a loose firearm, when inherent in the
commission of a crime punishable under the Revised Penal
Code or other special laws, shall be considered as an
aggravating circumstance: Provided, That if the crime
committed with the use of a loose firearm is penalized by the
law with a maximum penalty which is lower than that
prescribed in the preceding section for illegal possession of
firearm, the penalty for illegal possession of firearm shall be
imposed in lieu of the penalty for the crime
charged: Provided, further, That if the crime committed with
the use of a loose firearm is penalized by the law with a
maximum penalty which is equal to that imposed under the
preceding section for illegal possession of firearms, the penalty
of prision mayor in its minimum period shall be imposed in
addition to the penalty for the crime punishable under the
Revised Penal Code or other special laws of which he/she is
found guilty.
If the violation of this Act is in furtherance of, or incident to, or
in connection with the crime of rebellion of insurrection, or
Page | 19
attempted coup d’ etat, such violation shall be absorbed as an
element of the crime of rebellion or insurrection, or
attempted coup d’ etat.
If the crime is committed by the person without using the
loose firearm, the violation of this Act shall be considered as a
distinct and separate offense.
Section 30. Liability of Juridical Person. – The penalty
of prision mayor in its minimum to prision mayor in its medium
period shall be imposed upon the owner, president, manager,
director or other responsible officer of/any public or private
firm, company, corporation or entity who shall willfully or
knowingly allow any of the firearms owned by such firm,
company, corporation or entity to be used by any person or
persons found guilty of violating the provisions of the
preceding section, or willfully or knowingly allow any of them
to use unregistered firearm or firearms without any legal
authority to be carried outside of their residence in the course
of their employment.
Section 31. Absence of Permit to Carry Outside of
Residence. – The penalty of prision correccional and a fine of
Ten thousand pesos (P10,000.00) shall be imposed upon any
person who is licensed to own a firearm but who shall carry
the registered firearm outside his/her residence without any
legal authority therefor.
Section 32. Unlawful Manufacture, Importation, Sale or
Disposition of Firearms or Ammunition or Parts Thereof,
Machinery, Tool or Instrument Used or Intended to be Used in
the Manufacture of Firearms, Ammunition or Parts Thereof. –
The penalty of reclusion temporal to reclusion perpetua shall
be imposed upon any person who shall unlawfully engage in
the manufacture, importation, sale or disposition of a firearm
or ammunition, or a major part of a firearm or ammunition, or
machinery, tool or instrument used or intended to be used by
the same person in the manufacture of a firearm, ammunition,
or a major part thereof.
The possession of any machinery, tool or instrument used
directly in the manufacture of firearms, ammunition, or major
parts thereof by any person whose business, employment or
activity does not lawfully deal with the possession of such
article, shall be prima facie evidence that such article is
intended to be used in the unlawful or illegal manufacture of
firearms, ammunition or parts thereof.
The penalty of prision mayor in its minimum period to prision
mayor in its medium period shall be imposed upon any laborer,
worker or employee of a licensed firearms dealer who shall
unlawfully take, sell or otherwise dispose of parts of firearms
or ammunition which the company manufactures and sells,
and other materials used by the company in the manufacture
or sale of firearms or ammunition. The buyer or possessor of
such stolen part or material, who is aware that such part or
material was stolen, shall suffer the same penalty as the
laborer, worker or employee.
If the violation or offense is committed by a corporation,
partnership, association or other juridical entity, the penalty
provided for in this section shall be imposed upon the
directors, officers, employees or other officials or persons
therein who knowingly and willingly participated in the
unlawful act.
Section 33. Arms Smuggling. – The penalty of reclusion
perpetua shall be imposed upon any person who shall engage
or participate in arms smuggling as defined in this Act.
Section 34. Tampering, Obliteration or Alteration of Firearms
Identification. – The penalty of prision correccional to prision
mayor in its minimum period shall be imposed upon any
person who shall tamper, obliterate or alter without authority
the barrel, slide, frame, receiver, cylinder, or bolt assembly,
including the name of the maker, model, or serial number of
any firearm, or who shall replace without authority the barrel,
slide, frame, receiver, cylinder, or bolt assembly, including its
individual or peculiar identifying characteristics essential in
forensic examination of a firearm or light weapon.
The PNP shall place this information, including its individual or
peculiar identifying characteristics into the database of
integrated firearms identification system of the PNP Crime
Laboratory for future use and identification of a particular
firearm.
Section 35. Use of an Imitation Firearm. – An imitation
firearm used in the commission of a crime shall be considered
a real firearm as defined in this Act and the person who
committed the crime shall be punished in accordance with this
Act: Provided, That injuries caused on the occasion of the
conduct of competitions, sports, games, or any recreation
activities involving imitation firearms shall not be punishable
under this Act.
Section 36. In Custodia Legis. – During the pendency of any
case filed in violation of this Act, seized firearm, ammunition,
or parts thereof, machinery, tools or instruments shall remain
in the custody of the court. If the court decides that it has no
adequate means to safely keep the same, the court shall issue
an order to turn over to the PNP Crime Laboratory such
firearm, ammunition, or parts thereof, machinery, tools or
instruments in its custody during the pendency of the case and
to produce the same to the court when so ordered. No bond
shall be admitted for the release of the firearm, ammunition or
parts thereof, machinery, tool or instrument. Any violation of
this paragraph shall be punishable by prision mayor in its
minimum period to prision mayor in its medium period.
Section 37. Confiscation and Forfeiture. – The imposition of
penalty for any violation of this Act shall carry with it the
accessory penalty of confiscation and forfeiture of the firearm,
ammunition, or parts thereof, machinery, tool or instrument in
favor of the government which shall be disposed of in
accordance with law.
Section 38. Liability for Planting Evidence. – The penalty
of prision mayor in its maximum period shall be imposed upon
any person who shall willfully and maliciously insert; place,
and/or attach, directly or indirectly, through any overt or
covert act, any firearm, or ammunition, or parts thereof in the
Page | 20
person, house, effects, or in the immediate vicinity of an
innocent individual for the purpose of implicating or
incriminating the person, or imputing the commission of any
violation of the provisions of this Act to said individual. If the
person found guilty under this paragraph is a public officer or
employee, such person shall suffer the penalty of reclusion
perpetua.
Section 39. Grounds for Revocation, Cancellation or
Suspension of License or Permit. – The Chief of the PNP or
his/her authorized representative may revoke, cancel or
suspend a license or permit on the following grounds:
(a) Commission of a crime or offense involving the
firearm, ammunition, of major parts thereof;
(b) Conviction of a crime involving moral turpitude or
any offense where the penalty carries an
imprisonment of more than six (6) years;
(c) Loss of the firearm, ammunition, or any parts
thereof through negligence;
(d) Carrying of the firearm, ammunition, or major
parts thereof outside of residence or workplace
without, the proper permit to carry the same;
(e) Carrying of the firearm, ammunition, or major
parts thereof in prohibited places;
(f) Dismissal for cause from the service in case of
government official and employee;
(g) Commission of any of the acts penalized under
Republic Act No. 9165, otherwise known as the
"Comprehensive Dangerous Drugs Act of 2002″;
(h) Submission of falsified documents or
misrepresentation in the application to obtain a
license or permit;
(i) Noncompliance of reportorial requirements; and
(j) By virtue of a court order.
Section 40. Failure to Notify Lost or Stolen Firearm or Light
Weapon. – A fine of Ten thousand pesos (P10,000.00) shall be
imposed upon any licensed firearm holder who fails to report
to the FEO of the PNP that the subject firearm has been lost or
stolen within a period of thirty (30) days from the date of
discovery.
Likewise, a fine of Five thousand pesos (P5,000.00) shall be
imposed upon any person holding a valid firearm license who
changes residence or office address other than that indicated
in the license card and fails within a period of thirty (30) days
from said transfer to notify the FEO of the PNP of such change
of address.
Section 41. Illegal Transfer/Registration of Firearms. – It shall
be unlawful to transfer possession of any firearm to any
person who has not yet obtained or secured the necessary
license or permit thereof.
The penalty of prision correccional shall be imposed upon any
person who shall violate the provision of the preceding
paragraph. In addition, he/she shall be disqualified to apply for
a license to possess other firearms and all his/her existing
firearms licenses whether for purposes of commerce or
possession, shall be revoked. If government-issued firearms,
ammunition or major parts of firearms or light weapons are
unlawfully disposed, sold or transferred by any law
enforcement agent or public officer to private individuals, the
penalty of reclusion temporal shall be imposed.
Any public officer or employee or any person who shall
facilitate the registration of a firearm through fraud, deceit,
misrepresentation or submission of falsified documents shall
suffer the penalty of prision correccional.
ARTICLE VI
FINAL PROVISIONS
Section 42. Firearms Repository. – The FEO of the PNP shall
be the sole repository of all firearms records to include
imported and locally manufactured firearms and ammunition.
Within one (1) year upon approval of this Act, all military and
law enforcement agencies, government agencies, LGUs and
government-owned or -controlled corporations shall submit an
inventory of all their firearms and ammunition to the PNP.
Section 43. Final Amnesty. – Persons in possession of
unregistered firearms and holders of expired license or
unregistered firearms shall register and renew the same
through the Final General Amnesty within six (6) months from
the promulgation of the implementing rules and regulations of
this Act. During the interim period of six (6) months, no person
applying for license shall be charged of any delinquent
payment accruing to the firearm subject for registration. The
PNP shall conduct an intensive nationwide campaign to ensure
that the general public is properly informed of the provisions of
this Act.
Section 44. Implementing Rules and Regulations. – Within
one hundred twenty (120) days from the effectivity of this Act,
the Chief of the PNP, after public hearings and consultation
with concerned sectors of society shall formulate the necessary
rules and regulations for the effective implementation of this
Act to be published in at least two (2) national newspapers of
general circulation.
Section 45. Repealing Clause. – This Act repeals Sections 1,
2, 5 and 7 of Presidential Decree No. 1866, as amended, and
Section 6 of Republic Act No. 8294 and all other laws,
executive orders, letters of instruction, issuances, circulars,
administrative orders, rules or regulations that are inconsistent
herewith.
Section 46. Separability Clause. – If any provision of this Act
or any part hereof is held invalid or unconstitutional, the
Page | 21
remainder of the law or the provision not otherwise affected
shall remain valid and subsisting.
Section 47. Effectivity. – This Act shall take effect after
fifteen (15) days from its publication in a newspaper of
nationwide circulation.
22. Trust Receipts Law (P.D. 115)
PRESIDENTIAL DECREE No. 115 January 29, 1973
PROVIDING FOR THE REGULATION OF TRUST
RECEIPTS TRANSACTIONS
WHEREAS, the utilization of trust receipts, as a convenient
business device to assist importers and merchants solve their
financing problems, had gained popular acceptance in
international and domestic business practices, particularly in
commercial banking transactions;
WHEREAS, there is no specific law in the Philippines that
governs trust receipt transactions, especially the rights and
obligations of the parties involved therein and the enforcement
of the said rights in case of default or violation of the terms of
the trust receipt agreement;
WHEREAS, the recommendations contained in the report on
the financial system which have been accepted, with certain
modifications by the monetary authorities included, among
others, the enactment of a law regulating the trust receipt
transactions;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of
the Philippines, by virtue of the powers vested in me by the
Constitution, as Commander-in-Chief of all the Armed Forces of
the Philippines, and pursuant to Proclamation No. 1081, dated
September 21, 1972, and General Order No. 1, dated
September 22, 1972, as amended, and in order to effect the
desired changes and reforms in the social, economic, and
political structure of our society, do hereby order and decree
and make as part of the law of the land the following:
Section 1. Short Title. This Decree shall be known as the
Trust Receipts Law.
Section 2. Declaration of Policy. It is hereby declared to be
the policy of the state (a) to encourage and promote the use
of trust receipts as an additional and convenient aid to
commerce and trade; (b) to provide for the regulation of trust
receipts transactions in order to assure the protection of the
rights and enforcement of obligations of the parties involved
therein; and (c) to declare the misuse and/or misappropriation
of goods or proceeds realized from the sale of goods,
documents or instruments released under trust receipts as a
criminal offense punishable under Article Three hundred and
fifteen of the Revised Penal Code.
Section 3. Definition of terms. As used in this Decree, unless
the context otherwise requires, the term
(a) "Document" shall mean written or printed
evidence of title to goods.
(b) "Entrustee" shall refer to the person having or
taking possession of goods, documents or
instruments under a trust receipt transaction, and any
successor in interest of such person for the purpose
or purposes specified in the trust receipt agreement.
(c) "Entruster" shall refer to the person holding title
over the goods, documents, or instruments subject of
a trust receipt transaction, and any successor in
interest of such person.
(d) "Goods" shall include chattels and personal
property other than: money, things in action, or
things so affixed to land as to become a part thereof.
(e) "Instrument" means any negotiable instrument as
defined in the Negotiable Instrument Law; any
certificate of stock, or bond or debenture for the
payment of money issued by a public or private
corporation, or any certificate of deposit, participation
certificate or receipt, any credit or investment
instrument of a sort marketed in the ordinary course
of business or finance, whereby the entrustee, after
the issuance of the trust receipt, appears by virtue of
possession and the face of the instrument to be the
owner. "Instrument" shall not include a document as
defined in this Decree.
(f) "Purchase" means taking by sale, conditional sale,
lease, mortgage, or pledge, legal or equitable.
(g) "Purchaser" means any person taking by
purchase.
(h) "Security Interest" means a property interest in
goods, documents or instruments to secure
performance of some obligations of the entrustee or
of some third persons to the entruster and includes
title, whether or not expressed to be absolute,
whenever such title is in substance taken or retained
for security only.
(i) "Person" means, as the case may be, an individual,
trustee, receiver, or other fiduciary, partnership,
corporation, business trust or other association, and
two more persons having a joint or common interest.
(j) "Trust Receipt" shall refer to the written or printed
document signed by the entrustee in favor of the
entruster containing terms and conditions
substantially complying with the provisions of this
Decree. No further formality of execution or
authentication shall be necessary to the validity of a
trust receipt.
(k) "Value" means any consideration sufficient to
support a simple contract.
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Section 4. What constitutes a trust receipt transaction. A trust
receipt transaction, within the meaning of this Decree, is any
transaction by and between a person referred to in this Decree
as the entruster, and another person referred to in this Decree
as entrustee, whereby the entruster, who owns or holds
absolute title or security interests over certain specified goods,
documents or instruments, releases the same to the
possession of the entrustee upon the latter's execution and
delivery to the entruster of a signed document called a "trust
receipt" wherein the entrustee binds himself to hold the
designated goods, documents or instruments in trust for the
entruster and to sell or otherwise dispose of the goods,
documents or instruments with the obligation to turn over to
the entruster the proceeds thereof to the extent of the amount
owing to the entruster or as appears in the trust receipt or the
goods, documents or instruments themselves if they are
unsold or not otherwise disposed of, in accordance with the
terms and conditions specified in the trust receipt, or for other
purposes substantially equivalent to any of the following:
1. In the case of goods or documents, (a) to sell the
goods or procure their sale; or (b) to manufacture or
process the goods with the purpose of ultimate sale:
Provided, That, in the case of goods delivered under
trust receipt for the purpose of manufacturing or
processing before its ultimate sale, the entruster shall
retain its title over the goods whether in its original or
processed form until the entrustee has complied fully
with his obligation under the trust receipt; or (c) to
load, unload, ship or tranship or otherwise deal with
them in a manner preliminary or necessary to their
sale; or
2. In the case of instruments,
a) to sell or procure their sale or exchange;
or
b) to deliver them to a principal; or
c) to effect the consummation of some
transactions involving delivery to a
depository or register; or
d) to effect their presentation, collection or
renewal
The sale of goods, documents or instruments by a
person in the business of selling goods, documents or
instruments for profit who, at the outset of the
transaction, has, as against the buyer, general
property rights in such goods, documents or
instruments, or who sells the same to the buyer on
credit, retaining title or other interest as security for
the payment of the purchase price, does not
constitute a trust receipt transaction and is outside
the purview and coverage of this Decree.
Section 5. Form of trust receipts; contents. A trust receipt
need not be in any particular form, but every such receipt
must substantially contain (a) a description of the goods,
documents or instruments subject of the trust receipt; (2) the
total invoice value of the goods and the amount of the draft to
be paid by the entrustee; (3) an undertaking or a commitment
of the entrustee (a) to hold in trust for the entruster the
goods, documents or instruments therein described; (b) to
dispose of them in the manner provided for in the trust
receipt; and (c) to turn over the proceeds of the sale of the
goods, documents or instruments to the entruster to the
extent of the amount owing to the entruster or as appears in
the trust receipt or to return the goods, documents or
instruments in the event of their non-sale within the period
specified therein.
The trust receipt may contain other terms and conditions
agreed upon by the parties in addition to those hereinabove
enumerated provided that such terms and conditions shall not
be contrary to the provisions of this Decree, any existing laws,
public policy or morals, public order or good customs.
Section 6. Currency in which a trust receipt may be
denominated. A trust receipt may be denominated in the
Philippine currency or any foreign currency acceptable and
eligible as part of international reserves of the Philippines, the
provisions of existing law, executive orders, rules and
regulations to the contrary notwithstanding: Provided,
however, That in the case of trust receipts denominated in
foreign currency, payment shall be made in its equivalent in
Philippine currency computed at the prevailing exchange rate
on the date the proceeds of sale of the goods, documents or
instruments held in trust by the entrustee are turned over to
the entruster or on such other date as may be stipulated in the
trust receipt or other agreements executed between the
entruster and the entrustee.
Section 7. Rights of the entruster. The entruster shall be
entitled to the proceeds from the sale of the goods, documents
or instruments released under a trust receipt to the entrustee
to the extent of the amount owing to the entruster or as
appears in the trust receipt, or to the return of the goods,
documents or instruments in case of non-sale, and to the
enforcement of all other rights conferred on him in the trust
receipt provided such are not contrary to the provisions of this
Decree.
The entruster may cancel the trust and take possession of the
goods, documents or instruments subject of the trust or of the
proceeds realized therefrom at any time upon default or failure
of the entrustee to comply with any of the terms and
conditions of the trust receipt or any other agreement between
the entruster and the entrustee, and the entruster in
possession of the goods, documents or instruments may, on or
after default, give notice to the entrustee of the intention to
sell, and may, not less than five days after serving or sending
of such notice, sell the goods, documents or instruments at
public or private sale, and the entruster may, at a public sale,
become a purchaser. The proceeds of any such sale, whether
public or private, shall be applied (a) to the payment of the
expenses thereof; (b) to the payment of the expenses of re-
taking, keeping and storing the goods, documents or
instruments; (c) to the satisfaction of the entrustee's
indebtedness to the entruster. The entrustee shall receive any
surplus but shall be liable to the entruster for any deficiency.
Page | 23
Notice of sale shall be deemed sufficiently given if in writing,
and either personally served on the entrustee or sent by post-
paid ordinary mail to the entrustee's last known business
address.
Section 8. Entruster not responsible on sale by entrustee. The
entruster holding a security interest shall not, merely by virtue
of such interest or having given the entrustee liberty of sale or
other disposition of the goods, documents or instruments
under the terms of the trust receipt transaction be responsible
as principal or as vendor under any sale or contract to sell
made by the entrustee.
Section 9. Obligations of the entrustee. The entrustee shall
(1) hold the goods, documents or instruments in trust for the
entruster and shall dispose of them strictly in accordance with
the terms and conditions of the trust receipt; (2) receive the
proceeds in trust for the entruster and turn over the same to
the entruster to the extent of the amount owing to the
entruster or as appears on the trust receipt; (3) insure the
goods for their total value against loss from fire, theft,
pilferage or other casualties; (4) keep said goods or proceeds
thereof whether in money or whatever form, separate and
capable of identification as property of the entruster; (5)
return the goods, documents or instruments in the event of
non-sale or upon demand of the entruster; and (6) observe all
other terms and conditions of the trust receipt not contrary to
the provisions of this Decree.
Section 10. Liability of entrustee for loss. The risk of loss shall
be borne by the entrustee. Loss of goods, documents or
instruments which are the subject of a trust receipt, pending
their disposition, irrespective of whether or not it was due to
the fault or negligence of the entrustee, shall not extinguish
his obligation to the entruster for the value thereof.
Section 11. Rights of purchaser for value and in good
faith. Any purchaser of goods from an entrustee with right to
sell, or of documents or instruments through their customary
form of transfer, who buys the goods, documents, or
instruments for value and in good faith from the entrustee,
acquires said goods, documents or instruments free from the
entruster's security interest.
Section 12. Validity of entruster's security interest as against
creditors. The entruster's security interest in goods,
documents, or instruments pursuant to the written terms of a
trust receipt shall be valid as against all creditors of the
entrustee for the duration of the trust receipt agreement.
Section 13. Penalty clause. The failure of an entrustee to turn
over the proceeds of the sale of the goods, documents or
instruments covered by a trust receipt to the extent of the
amount owing to the entruster or as appears in the trust
receipt or to return said goods, documents or instruments if
they were not sold or disposed of in accordance with the terms
of the trust receipt shall constitute the crime of estafa,
punishable under the provisions of Article Three hundred and
fifteen, paragraph one (b) of Act Numbered Three thousand
eight hundred and fifteen, as amended, otherwise known as
the Revised Penal Code. If the violation or offense is
committed by a corporation, partnership, association or other
juridical entities, the penalty provided for in this Decree shall
be imposed upon the directors, officers, employees or other
officials or persons therein responsible for the offense, without
prejudice to the civil liabilities arising from the criminal offense.
Section 14. Cases not covered by this Decree. Cases not
provided for in this Decree shall be governed by the applicable
provisions of existing laws.
Section 15. Separability clause. If any provision or section of
this Decree or the application thereof to any person or
circumstance is held invalid, the other provisions or sections
hereof and the application of such provisions or sections to
other persons or circumstances shall not be affected thereby.
Section 16. Repealing clause. All Acts inconsistent with this
Decree are hereby repealed.
Section 17. This Decree shall take effect immediately.
Done in the City of Manila, this 29th day of January, in the
year of Our Lord, nineteen hundred and seventy-three.
23. Cybercrime Prevention Act (R.A. 10175)
REPUBLIC ACT NO. 10175
AN ACT DEFINING CYBERCRIME, PROVIDING FOR THE
PREVENTION, INVESTIGATION, SUPPRESSION AND
THE IMPOSITION OF PENALTIES THEREFOR AND FOR
OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of
the Philippines in Congress assembled:
CHAPTER I
PRELIMINARY PROVISIONS
Section 1. Title. — This Act shall be known as
the "Cybercrime Prevention Act of 2012″.
Section 2. Declaration of Policy. — The State recognizes the
vital role of information and communications industries such as
content production, telecommunications, broadcasting
electronic commerce, and data processing, in the nation’s
overall social and economic development. The State also
recognizes the importance of providing an environment
conducive to the development, acceleration, and rational
application and exploitation of information and
communications technology (ICT) to attain free, easy, and
intelligible access to exchange and/or delivery of information;
and the need to protect and safeguard the integrity of
computer, computer and communications systems, networks,
and databases, and the confidentiality, integrity, and
availability of information and data stored therein, from all
forms of misuse, abuse, and illegal access by making
punishable under the law such conduct or conducts. In this
light, the State shall adopt sufficient powers to effectively
prevent and combat such offenses by facilitating their
detection, investigation, and prosecution at both the domestic
Page | 24
and international levels, and by providing arrangements for
fast and reliable international cooperation.
Section 3. Definition of Terms. — For purposes of this Act,
the following terms are hereby defined as follows:
(a) Access refers to the instruction, communication
with, storing data in, retrieving data from, or
otherwise making use of any resources of a computer
system or communication network.
(b) Alteration refers to the modification or change, in
form or substance, of an existing computer data or
program.
(c) Communication refers to the transmission of
information through ICT media, including voice, video
and other forms of data.
(d) Computer refers to an electronic, magnetic,
optical, electrochemical, or other data processing or
communications device, or grouping of such devices,
capable of performing logical, arithmetic, routing, or
storage functions and which includes any storage
facility or equipment or communications facility or
equipment directly related to or operating in
conjunction with such device. It covers any type of
computer device including devices with data
processing capabilities like mobile phones, smart
phones, computer networks and other devices
connected to the internet.
(e) Computer data refers to any representation of
facts, information, or concepts in a form suitable for
processing in a computer system including a program
suitable to cause a computer system to perform a
function and includes electronic documents and/or
electronic data messages whether stored in local
computer systems or online.
(f) Computer program refers to a set of instructions
executed by the computer to achieve intended
results.
(g) Computer system refers to any device or group of
interconnected or related devices, one or more of
which, pursuant to a program, performs automated
processing of data. It covers any type of device with
data processing capabilities including, but not limited
to, computers and mobile phones. The device
consisting of hardware and software may include
input, output and storage components which may
stand alone or be connected in a network or other
similar devices. It also includes computer data storage
devices or media.
(h) Without right refers to either: (i) conduct
undertaken without or in excess of authority; or (ii)
conduct not covered by established legal defenses,
excuses, court orders, justifications, or relevant
principles under the law.
(i) Cyber refers to a computer or a computer network,
the electronic medium in which online communication
takes place.
(j) Critical infrastructure refers to the computer
systems, and/or networks, whether physical or virtual,
and/or the computer programs, computer data and/or
traffic data so vital to this country that the incapacity
or destruction of or interference with such system and
assets would have a debilitating impact on security,
national or economic security, national public health
and safety, or any combination of those matters.
(k) Cybersecurity refers to the collection of tools,
policies, risk management approaches, actions,
training, best practices, assurance and technologies
that can be used to protect the cyber environment
and organization and user’s assets.
(l) Database refers to a representation of information,
knowledge, facts, concepts, or instructions which are
being prepared, processed or stored or have been
prepared, processed or stored in a formalized manner
and which are intended for use in a computer system.
(m) Interception refers to listening to, recording,
monitoring or surveillance of the content of
communications, including procuring of the content of
data, either directly, through access and use of a
computer system or indirectly, through the use of
electronic eavesdropping or tapping devices, at the
same time that the communication is occurring.
(n) Service provider refers to:
(1) Any public or private entity that provides
to users of its service the ability to
communicate by means of a computer
system; and
(2) Any other entity that processes or stores
computer data on behalf of such
communication service or users of such
service.
(o) Subscriber’s information refers to any information
contained in the form of computer data or any other
form that is held by a service provider, relating to
subscribers of its services other than traffic or content
data and by which identity can be established:
(1) The type of communication service used,
the technical provisions taken thereto and
the period of service;
(2) The subscriber’s identity, postal or
geographic address, telephone and other
access numbers, any assigned network
address, billing and payment information,
Page | 25
 available on the basis of the service
agreement or arrangement; and
(3) Any other available information on the
site of the installation of communication
equipment, available on the basis of the
service agreement or arrangement.
(p) Traffic data or non-content data refers to any
computer data other than the content of the
communication including, but not limited to, the
communication’s origin, destination, route, time, date,
size, duration, or type of underlying service.
CHAPTER II
PUNISHABLE ACTS
Section 4. Cybercrime Offenses. — The following acts
constitute the offense of cybercrime punishable under this Act:
(a) Offenses against the confidentiality, integrity and
availability of computer data and systems:
(1) Illegal Access. – The access to the whole
or any part of a computer system without
right.
(2) Illegal Interception. – The interception
made by technical means without right of
any non-public transmission of computer
data to, from, or within a computer system
including electromagnetic emissions from a
computer system carrying such computer
data.
(3) Data Interference. — The intentional or
reckless alteration, damaging, deletion or
deterioration of computer data, electronic
document, or electronic data message,
without right, including the introduction or
transmission of viruses.
(4) System Interference. — The intentional
alteration or reckless hindering or
interference with the functioning of a
(b) Computer-related Offenses:
computer or computer network by inputting,
transmitting, damaging, deleting,
deteriorating, altering or suppressing
computer data or program, electronic
document, or electronic data message,
without right or authority, including the
introduction or transmission of viruses.
(5) Misuse of Devices.
(i) The use, production, sale,
procurement, importation,
distribution, or otherwise making
available, without right, of:
(aa) A device, including a
computer program,
designed or adapted
primarily for the purpose
of committing any of the
offenses under this Act; or
(bb) A computer
password, access code, or
similar data by which the
whole or any part of a
computer system is
capable of being accessed
with intent that it be used
for the purpose of
committing any of the
offenses under this Act.
(ii) The possession of an item
referred to in paragraphs 5(i)(aa) or
(bb) above with intent to use said
devices for the purpose of
committing any of the offenses
under this section.
(6) Cyber-squatting. – The acquisition of a
domain name over the internet in bad faith
to profit, mislead, destroy reputation, and
deprive others from registering the same, if
such a domain name is:
(i) Similar, identical, or confusingly
similar to an existing trademark
registered with the appropriate
government agency at the time of
the domain name registration:
(ii) Identical or in any way similar
with the name of a person other
than the registrant, in case of a
personal name; and
(iii) Acquired without right or with
intellectual property interests in it.
(1) Computer-related Forgery. —
(i) The input, alteration, or deletion
of any computer data without right
resulting in inauthentic data with
the intent that it be considered or
acted upon for legal purposes as if
it were authentic, regardless
whether or not the data is directly
readable and intelligible; or
(ii) The act of knowingly using
computer data which is the product
Page | 26
 of computer-related forgery as
defined herein, for the purpose of
perpetuating a fraudulent or
dishonest design.
(2) Computer-related Fraud. — The
unauthorized input, alteration, or deletion of
computer data or program or interference in
the functioning of a computer system,
causing damage thereby with fraudulent
intent: Provided, That if no
damage has yet been caused, the penalty
imposable shall be one (1) degree lower.
(3) Computer-related Identity Theft. – The
intentional acquisition, use, misuse, transfer,
possession, alteration or deletion of
identifying information belonging to another,
whether natural or juridical, without
right: Provided, That if no damage has yet
been caused, the penalty imposable shall be
one (1) degree lower.
(c) Content-related Offenses:
(1) Cybersex. — The willful engagement,
maintenance, control, or operation, directly
or indirectly, of any lascivious exhibition of
sexual organs or sexual activity, with the aid
of a computer system, for favor or
consideration.
(2) Child Pornography. — The unlawful or
prohibited acts defined and punishable
by Republic Act No. 9775 or the Anti-Child
Pornography Act of 2009, committed
through a computer system: Provided, That
the penalty to be imposed shall be (1) one
degree higher than that provided for in
Republic Act No. 9775.1âwphi1
(3) Unsolicited Commercial Communications.
— The transmission of commercial electronic
communication with the use of computer
system which seek to advertise, sell, or offer
for sale products and services are prohibited
unless:
(i) There is prior affirmative consent
from the recipient; or
(ii) The primary intent of the
communication is for service and/or
administrative announcements from
the sender to its existing users,
subscribers or customers; or
(iii) The following conditions are
present:
(aa) The commercial
electronic communication
contains a simple, valid,
and reliable way for the
recipient to reject. receipt
of further commercial
electronic messages (opt-
out) from the same
source;
(bb) The commercial
electronic communication
does not purposely
disguise the source of the
electronic message; and
(cc) The commercial
electronic communication
does not purposely include
misleading information in
any part of the message in
order to induce the
recipients to read the
message.
(4) Libel. — The unlawful or prohibited acts
of libel as defined in Article 355 of the
Revised Penal Code, as amended, committed
through a computer system or any other
similar means which may be devised in the
future.
Section 5. Other Offenses. — The following acts shall also
constitute an offense:
(a) Aiding or Abetting in the Commission of
Cybercrime. – Any person who willfully abets or aids
in the commission of any of the offenses enumerated
in this Act shall be held liable.
(b) Attempt in the Commission of Cybercrime. — Any
person who willfully attempts to commit any of the
offenses enumerated in this Act shall be held liable.
Section 6. All crimes defined and penalized by the Revised
Penal Code, as amended, and special laws, if committed by,
through and with the use of information and communications
technologies shall be covered by the relevant provisions of this
Act: Provided, That the penalty to be imposed shall be one (1)
degree higher than that provided for by the Revised Penal
Code, as amended, and special laws, as the case may be.
Section 7. Liability under Other Laws. — A prosecution under
this Act shall be without prejudice to any liability for violation
of any provision of the Revised Penal Code, as amended, or
special laws.
CHAPTER III
PENALTIES
Page | 27
Section 8. Penalties. — Any person found guilty of any of the
punishable acts enumerated in Sections 4(a) and 4(b) of this
Act shall be punished with imprisonment of prision mayor or a
fine of at least Two hundred thousand pesos (PhP200,000.00)
up to a maximum amount commensurate to the damage
incurred or both.
Any person found guilty of the punishable act under Section
4(a)(5) shall be punished with imprisonment of prision mayor
or a fine of not more than Five hundred thousand pesos
(PhP500,000.00) or both.
If punishable acts in Section 4(a) are committed against critical
infrastructure, the penalty of reclusion temporal or a fine of at
least Five hundred thousand pesos (PhP500,000.00) up to
maximum amount commensurate to the damage incurred or
both, shall be imposed.
Any person found guilty of any of the punishable acts
enumerated in Section 4(c)(1) of this Act shall be punished
with imprisonment of prision mayor or a fine of at least Two
hundred thousand pesos (PhP200,000.00) but not exceeding
One million pesos (PhPl,000,000.00) or both.
Any person found guilty of any of the punishable acts
enumerated in Section 4(c)(2) of this Act shall be punished
with the penalties as enumerated in Republic Act No. 9775 or
the "Anti-Child Pornography Act of 2009″: Provided,That the
penalty to be imposed shall be one (1) degree higher than that
provided for in Republic Act No. 9775, if committed through a
computer system.
Any person found guilty of any of the punishable acts
enumerated in Section 4(c)(3) shall be punished with
imprisonment of arresto mayor or a fine of at least Fifty
thousand pesos (PhP50,000.00) but not exceeding Two
hundred fifty thousand pesos (PhP250,000.00) or both.
Any person found guilty of any of the punishable acts
enumerated in Section 5 shall be punished with imprisonment
one (1) degree lower than that of the prescribed penalty for
the offense or a fine of at least One hundred thousand pesos
(PhPl00,000.00) but not exceeding Five hundred thousand
pesos (PhP500,000.00) or both.
Section 9. Corporate Liability. — When any of the punishable
acts herein defined are knowingly committed on behalf of or
for the benefit of a juridical person, by a natural person acting
either individually or as part of an organ of the juridical person,
who has a leading position within, based on: (a) a power of
representation of the juridical person provided the act
committed falls within the scope of such authority; (b) an
authority to take decisions on behalf of the juridical
person: Provided, That the act committed falls within the
scope of such authority; or (c) an authority to exercise control
within the juridical person, the juridical person shall be held
liable for a fine equivalent to at least double the fines
imposable in Section 7 up to a maximum of Ten million pesos
(PhP10,000,000.00).
If the commission of any of the punishable acts herein defined
was made possible due to the lack of supervision or control by
a natural person referred to and described in the preceding
paragraph, for the benefit of that juridical person by a natural
person acting under its authority, the juridical person shall be
held liable for a fine equivalent to at least double the fines
imposable in Section 7 up to a maximum of Five million pesos
(PhP5,000,000.00).
The liability imposed on the juridical person shall be without
prejudice to the criminal liability of the natural person who has
committed the offense.
CHAPTER IV
ENFORCEMENT AND IMPLEMENTATION
Section 10. Law Enforcement Authorities. — The National
Bureau of Investigation (NBI) and the Philippine National Police
(PNP) shall be responsible for the efficient and effective law
enforcement of the provisions of this Act. The NBI and the PNP
shall organize a cybercrime unit or center manned by special
investigators to exclusively handle cases involving violations of
this Act.
Section 11. Duties of Law Enforcement Authorities. — To
ensure that the technical nature of cybercrime and its
prevention is given focus and considering the procedures
involved for international cooperation, law enforcement
authorities specifically the computer or technology crime
divisions or units responsible for the investigation of
cybercrimes are required to submit timely and regular reports
including pre-operation, post-operation and investigation
results and such other documents as may be required to the
Department of Justice (DOJ) for review and monitoring.
Section 12. Real-Time Collection of Traffic Data. — Law
enforcement authorities, with due cause, shall be authorized to
collect or record by technical or electronic means traffic data in
real-time associated with specified communications transmitted
by means of a computer system.
Traffic data refer only to the communication’s origin,
destination, route, time, date, size, duration, or type of
underlying service, but not content, nor identities.
All other data to be collected or seized or disclosed will require
a court warrant.
Service providers are required to cooperate and assist law
enforcement authorities in the collection or recording of the
above-stated information.
The court warrant required under this section shall only be
issued or granted upon written application and the
examination under oath or affirmation of the applicant and the
witnesses he may produce and the showing: (1) that there are
reasonable grounds to believe that any of the crimes
enumerated hereinabove has been committed, or is being
committed, or is about to be committed: (2) that there are
reasonable grounds to believe that evidence that will be
obtained is essential to the conviction of any person for, or to
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the solution of, or to the prevention of, any such crimes; and
(3) that there are no other means readily available for
obtaining such evidence.
Section 13. Preservation of Computer Data. — The integrity
of traffic data and subscriber information relating to
communication services provided by a service provider shall be
preserved for a minimum period of six (6) months from the
date of the transaction. Content data shall be similarly
preserved for six (6) months from the date of receipt of the
order from law enforcement authorities requiring its
preservation.
Law enforcement authorities may order a one-time extension
for another six (6) months: Provided, That once computer data
preserved, transmitted or stored by a service provider is used
as evidence in a case, the mere furnishing to such service
provider of the transmittal document to the Office of the
Prosecutor shall be deemed a notification to preserve the
computer data until the termination of the case.
The service provider ordered to preserve computer data shall
keep confidential the order and its compliance.
Section 14. Disclosure of Computer Data. — Law
enforcement authorities, upon securing a court warrant, shall
issue an order requiring any person or service provider to
disclose or submit subscriber’s information, traffic data or
relevant data in his/its possession or control within seventy-
two (72) hours from receipt of the order in relation to a valid
complaint officially docketed and assigned for investigation and
the disclosure is necessary and relevant for the purpose of
investigation.
Section 15. Search, Seizure and Examination of Computer
Data. — Where a search and seizure warrant is properly
issued, the law enforcement authorities shall likewise have the
following powers and duties.
Within the time period specified in the warrant, to conduct
interception, as defined in this Act, and:
(a) To secure a computer system or a computer data
storage medium;
(b) To make and retain a copy of those computer
data secured;
(c) To maintain the integrity of the relevant stored
computer data;
(d) To conduct forensic analysis or examination of the
computer data storage medium; and
(e) To render inaccessible or remove those computer
data in the accessed computer or computer and
communications network.
Pursuant thereof, the law enforcement authorities may order
any person who has knowledge about the functioning of the
computer system and the measures to protect and preserve
the computer data therein to provide, as is reasonable, the
necessary information, to enable the undertaking of the
search, seizure and examination.
Law enforcement authorities may request for an extension of
time to complete the examination of the computer data
storage medium and to make a return thereon but in no case
for a period longer than thirty (30) days from date of approval
by the court.
Section 16. Custody of Computer Data. — All computer data,
including content and traffic data, examined under a proper
warrant shall, within forty-eight (48) hours after the expiration
of the period fixed therein, be deposited with the court in a
sealed package, and shall be accompanied by an affidavit of
the law enforcement authority executing it stating the dates
and times covered by the examination, and the law
enforcement authority who may access the deposit, among
other relevant data. The law enforcement authority shall also
certify that no duplicates or copies of the whole or any part
thereof have been made, or if made, that all such duplicates or
copies are included in the package deposited with the court.
The package so deposited shall not be opened, or the
recordings replayed, or used in evidence, or then contents
revealed, except upon order of the court, which shall not be
granted except upon motion, with due notice and opportunity
to be heard to the person or persons whose conversation or
communications have been recorded.
Section 17. Destruction of Computer Data. — Upon expiration
of the periods as provided in Sections 13 and 15, service
providers and law enforcement authorities, as the case may
be, shall immediately and completely destroy the computer
data subject of a preservation and examination.
Section 18. Exclusionary Rule. — Any evidence procured
without a valid warrant or beyond the authority of the same
shall be inadmissible for any proceeding before any court or
tribunal.
Section 19. Restricting or Blocking Access to Computer
Data. — When a computer data is prima facie found to be in
violation of the provisions of this Act, the DOJ shall issue an
order to restrict or block access to such computer data.
Section 20. Noncompliance. — Failure to comply with the
provisions of Chapter IV hereof specifically the orders from law
enforcement authorities shall be punished as a violation of
Presidential Decree No. 1829 with imprisonment of prision
correctional in its maximum period or a fine of One hundred
thousand pesos (Php100,000.00) or both, for each and every
noncompliance with an order issued by law enforcement
authorities.
CHAPTER V
JURISDICTION
Section 21. Jurisdiction. — The Regional Trial Court shall
have jurisdiction over any violation of the provisions of this
Act. including any violation committed by a Filipino national
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regardless of the place of commission. Jurisdiction shall lie if
any of the elements was committed within the Philippines or
committed with the use of any computer system wholly or
partly situated in the country, or when by such commission
any damage is caused to a natural or juridical person who, at
the time the offense was committed, was in the Philippines.
There shall be designated special cybercrime courts manned
by specially trained judges to handle cybercrime cases.
CHAPTER VI
INTERNATIONAL COOPERATION
Section 22. General Principles Relating to International
Cooperation. — All relevant international instruments on
international cooperation in criminal matters, arrangements
agreed on the basis of uniform or reciprocal legislation, and
domestic laws, to the widest extent possible for the purposes
of investigations or proceedings concerning criminal offenses
related to computer systems and data, or for the collection of
evidence in electronic form of a criminal, offense shall be given
full force and effect.
CHAPTER VII
COMPETENT AUTHORITIES
Section 23. Department of Justice (DOJ). — There is hereby
created an Office of Cybercrime within the DOJ designated as
the central authority in all matters related to international
mutual assistance and extradition.
Section 24. Cybercrime Investigation and Coordinating
Center. — There is hereby created, within thirty (30) days from
the effectivity of this Act, an inter-agency body to be known as
the Cybercrime Investigation and Coordinating Center (CICC),
under the administrative supervision of the Office of the
President, for policy coordination among concerned agencies
and for the formulation and enforcement of the national
cybersecurity plan.
Section 25. Composition. — The CICC shall be headed by the
Executive Director of the Information and Communications
Technology Office under the Department of Science and
Technology (ICTO-DOST) as Chairperson with the Director of
the NBI as Vice Chairperson; the Chief of the PNP; Head of the
DOJ Office of Cybercrime; and one (1) representative from the
private sector and academe, as members. The CICC shall be
manned by a secretariat of selected existing personnel and
representatives from the different participating
agencies.1âwphi1
Section 26. Powers and Functions. — The CICC shall have the
following powers and functions:
(a) To formulate a national cybersecurity plan and
extend immediate assistance for the suppression of
real-time commission of cybercrime offenses through
a computer emergency response team (CERT);
(b) To coordinate the preparation of appropriate and
effective measures to prevent and suppress
cybercrime activities as provided for in this Act;
(c) To monitor cybercrime cases being bandied by
participating law enforcement and prosecution
agencies;
(d) To facilitate international cooperation on
intelligence, investigations, training and capacity
building related to cybercrime prevention, suppression
and prosecution;
(e) To coordinate the support and participation of the
business sector, local government units and
nongovernment organizations in cybercrime
prevention programs and other related projects;
(f) To recommend the enactment of appropriate laws,
issuances, measures and policies;
(g) To call upon any government agency to render
assistance in the accomplishment of the CICC’s
mandated tasks and functions; and
(h) To perform all other matters related to cybercrime
prevention and suppression, including capacity
building and such other functions and duties as may
be necessary for the proper implementation of this
Act.
CHAPTER VIII
FINAL PROVISIONS
Section 27. Appropriations. — The amount of Fifty million
pesos (PhP50,000,000_00) shall be appropriated annually for
the implementation of this Act.
Section 28. Implementing Rules and Regulations. — The
ICTO-DOST, the DOJ and the Department of the Interior and
Local Government (DILG) shall jointly formulate the necessary
rules and regulations within ninety (90) days from approval of
this Act, for its effective implementation.
Section 29. Separability Clause — If any provision of this Act
is held invalid, the other provisions not affected shall remain in
full force and effect.
Section 30. Repealing Clause. — All laws, decrees or rules
inconsistent with this Act are hereby repealed or modified
accordingly. Section 33(a) of Republic Act No. 8792 or the
"Electronic Commerce Act" is hereby modified accordingly.
Section 31. Effectivity. — This Act shall take effect fifteen
(15) days after the completion of its publication in the Official
Gazette or in at least two (2) newspapers of general
circulation.
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