SPECIAL PENAL LAWS

MIDTERMS

Republic Act No. 9262 March 08, 2004---------------------------------------------------------------------------

AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN, PROVIDING FOR
PROTECTIVE MEASURES FOR VICTIMS, PRESCRIBING PENALTIES THEREFORE, 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 "Anti-Violence Against Women and Their Children
Act of 2004".

SECTION 2. Declaration of Policy.- It is hereby declared that the State values the dignity of women and
children and guarantees full respect for human rights. The State also recognizes the need to protect the
family and its members particularly women and children, from violence and threats to their personal safety
and security.

Towards this end, the State shall exert efforts to address violence committed against women and children in
keeping with the fundamental freedoms guaranteed under the Constitution and the Provisions of the
Universal Declaration of Human Rights, the convention on the Elimination of all forms of discrimination
Against Women, Convention on the Rights of the Child and other international human rights instruments of
which the Philippines is a party.

SECTION 3. Definition of Terms.- As used in this Act,

(a) "Violence against women and their children" refers to any act or a series of acts committed by any person
against a woman who is his wife, former wife, or against a woman with whom the person has or had a sexual
or dating relationship, or with whom he has a common child, or against her child whether legitimate or
illegitimate, within or without the family abode, which result in or is likely to result in physical, sexual,
psychological harm or suffering, or economic abuse including threats of such acts, battery, assault, coercion,
harassment or arbitrary deprivation of liberty. It includes, but is not limited to, the following acts:

A. "Physical Violence" refers to acts that include bodily or physical harm;

B. "Sexual violence" refers to an act which is sexual in nature, committed against a woman or her child. It
includes, but is not limited to:

a) rape, sexual harassment, acts of lasciviousness, treating a woman or her child as a sex object, making
demeaning and sexually suggestive remarks, physically attacking the sexual parts of the victim's body,
forcing her/him to watch obscene publications and indecent shows or forcing the woman or her child to do
indecent acts and/or make films thereof, forcing the wife and mistress/lover to live in the conjugal home or
sleep together in the same room with the abuser;

b) acts causing or attempting to cause the victim to engage in any sexual activity by force, threat of force,
physical or other harm or threat of physical or other harm or coercion;

c) Prostituting the woman or child.

C. "Psychological violence" refers to acts or omissions causing or likely to cause mental or emotional suffering
of the victim such as but not limited to intimidation, harassment, stalking, damage to property, public ridicule
or humiliation, repeated verbal abuse and mental infidelity. It includes causing or allowing the victim to witness
the physical, sexual or psychological abuse of a member of the family to which the victim belongs, or to
witness pornography in any form or to witness abusive injury to pets or to unlawful or unwanted deprivation
of the right to custody and/or visitation of common children.

D. "Economic abuse" refers to acts that make or attempt to make a woman financially dependent which
includes, but is not limited to the following:

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1. withdrawal of financial support or preventing the victim from engaging in any legitimate profession,
occupation, business or activity, except in cases wherein the other spouse/partner objects on valid, serious
and moral grounds as defined in Article 73 of the Family Code;

2. deprivation or threat of deprivation of financial resources and the right to the use and enjoyment of the
conjugal, community or property owned in common;

3. destroying household property;

4. controlling the victims' own money or properties or solely controlling the conjugal money or properties.

(b) "Battery" refers to an act of inflicting physical harm upon the woman or her child resulting to the physical
and psychological or emotional distress.

(c) "Battered Woman Syndrome" refers to a scientifically defined pattern of psychological and behavioral
symptoms found in women living in battering relationships as a result of cumulative abuse.

(d) "Stalking" refers to an intentional act committed by a person who, knowingly and without lawful justification
follows the woman or her child or places the woman or her child under surveillance directly or indirectly or a
combination thereof.

(e) "Dating relationship" refers to a situation wherein the parties live as husband and wife without the benefit
of marriage or are romantically involved over time and on a continuing basis during the course of the
relationship. A casual acquaintance or ordinary socialization between two individuals in a business or social
context is not a dating relationship.

(f) "Sexual relations" refers to a single sexual act which may or may not result in the bearing of a common
child.

(g) "Safe place or shelter" refers to any home or institution maintained or managed by the Department of
Social Welfare and Development (DSWD) or by any other agency or voluntary organization accredited by the
DSWD for the purposes of this Act or any other suitable place the resident of which is willing temporarily to
receive the victim.

(h) "Children" refers to those below eighteen (18) years of age or older but are incapable of taking care of
themselves as defined under Republic Act No. 7610. As used in this Act, it includes the biological children of
the victim and other children under her care.

SECTION 4. Construction.- This Act shall be liberally construed to promote the protection and safety of
victims of violence against women and their children.

SECTION 5. Acts of Violence Against Women and Their Children.- The crime of violence against women and
their children is committed through any of the following acts:

(a) Causing physical harm to the woman or her child;

(b) Threatening to cause the woman or her child physical harm;

(c) Attempting to cause the woman or her child physical harm;

(d) Placing the woman or her child in fear of imminent physical harm;

(e) Attempting to compel or compelling the woman or her child to engage in conduct which the woman or her
child has the right to desist from or desist from conduct which the woman or her child has the right to engage
in, or attempting to restrict or restricting the woman's or her child's freedom of movement or conduct by force
or threat of force, physical or other harm or threat of physical or other harm, or intimidation directed against
the woman or child. This shall include, but not limited to, the following acts committed with the purpose or
effect of controlling or restricting the woman's or her child's movement or conduct:

(1) Threatening to deprive or actually depriving the woman or her child of custody to her/his family;

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(2) Depriving or threatening to deprive the woman or her children of financial support legally due her or her
family, or deliberately providing the woman's children insufficient financial support;

(3) Depriving or threatening to deprive the woman or her child of a legal right;

(4) Preventing the woman in engaging in any legitimate profession, occupation, business or activity or
controlling the victim's own mon4ey or properties, or solely controlling the conjugal or common money, or
properties;

(f) Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions or
decisions;

(g) Causing or attempting to cause the woman or her child to engage in any sexual activity which does not
constitute rape, by force or threat of force, physical harm, or through intimidation directed against the woman
or her child or her/his immediate family;

(h) Engaging in purposeful, knowing, or reckless conduct, personally or through another, that alarms or
causes substantial emotional or psychological distress to the woman or her child. This shall include, but not
be limited to, the following acts:

(1) Stalking or following the woman or her child in public or private places;

(2) Peering in the window or lingering outside the residence of the woman or her child;

(3) Entering or remaining in the dwelling or on the property of the woman or her child against her/his will;

(4) Destroying the property and personal belongings or inflicting harm to animals or pets of the woman or her
child; and

(5) Engaging in any form of harassment or violence;

(i) Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child, including,
but not limited to, repeated verbal and emotional abuse, and denial of financial support or custody of minor
children of access to the woman's child/children.

SECTION 6. Penalties.- The crime of violence against women and their children, under Section 5 hereof shall
be punished according to the following rules:

(a) Acts falling under Section 5(a) constituting attempted, frustrated or consummated parricide or murder or
homicide shall be punished in accordance with the provisions of the Revised Penal Code.

If these acts resulted in mutilation, it shall be punishable in accordance with the Revised Penal Code; those
constituting serious physical injuries shall have the penalty of prison mayor; those constituting less serious
physical injuries shall be punished by prision correccional; and those constituting slight physical injuries shall
be punished by arresto mayor.

Acts falling under Section 5(b) shall be punished by imprisonment of two degrees lower than the prescribed
penalty for the consummated crime as specified in the preceding paragraph but shall in no case be lower
than arresto mayor.

(b) Acts falling under Section 5(c) and 5(d) shall be punished by arresto mayor;

(c) Acts falling under Section 5(e) shall be punished by prision correccional;

(d) Acts falling under Section 5(f) shall be punished by arresto mayor;

(e) Acts falling under Section 5(g) shall be punished by prision mayor;

(f) Acts falling under Section 5(h) and Section 5(i) shall be punished by prision mayor.

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If the acts are committed while the woman or child is pregnant or committed in the presence of her child, the
penalty to be applied shall be the maximum period of penalty prescribed in the section.

In addition to imprisonment, the perpetrator shall (a) pay a fine in the amount of not less than One hundred
thousand pesos (P100,000.00) but not more than three hundred thousand pesos (300,000.00); (b) undergo
mandatory psychological counseling or psychiatric treatment and shall report compliance to the court.

SECTION 7. Venue.- The Regional Trial Court designated as a Family Court shall have original and exclusive
jurisdiction over cases of violence against women and their children under this law. In the absence of such
court in the place where the offense was committed, the case shall be filed in the Regional Trial Court where
the crime or any of its elements was committed at the option of the compliant.

SECTION 8. Protection Orders.- A protection order is an order issued under this act for the purpose of
preventing further acts of violence against a woman or her child specified in Section 5 of this Act and granting
other necessary relief. The relief granted under a protection order serve the purpose of safeguarding the
victim from further harm, minimizing any disruption in the victim's daily life, and facilitating the opportunity
and ability of the victim to independently regain control over her life. The provisions of the protection order
shall be enforced by law enforcement agencies. The protection orders that may be issued under this Act are
the barangay protection order (BPO), temporary protection order (TPO) and permanent protection order
(PPO). The protection orders that may be issued under this Act shall include any, some or all of the following
reliefs:

(a) Prohibition of the respondent from threatening to commit or committing, personally or through another,
any of the acts mentioned in Section 5 of this Act;

(b) Prohibition of the respondent from harassing, annoying, telephoning, contacting or otherwise
communicating with the petitioner, directly or indirectly;

(c) Removal and exclusion of the respondent from the residence of the petitioner, regardless of ownership of
the residence, either temporarily for the purpose of protecting the petitioner, or permanently where no
property rights are violated, and if respondent must remove personal effects from the residence, the court
shall direct a law enforcement agent to accompany the respondent has gathered his things and escort
respondent from the residence;

(d) Directing the respondent to stay away from petitioner and designated family or household member at a
distance specified by the court, and to stay away from the residence, school, place of employment, or any
specified place frequented by the petitioner and any designated family or household member;

(e) Directing lawful possession and use by petitioner of an automobile and other essential personal effects,
regardless of ownership, and directing the appropriate law enforcement officer to accompany the petitioner
to the residence of the parties to ensure that the petitioner is safely restored to the possession of the
automobile and other essential personal effects, or to supervise the petitioner's or respondent's removal of
personal belongings;

(f) Granting a temporary or permanent custody of a child/children to the petitioner;

(g) Directing the respondent to provide support to the woman and/or her child if entitled to legal support.
Notwithstanding other laws to the contrary, the court shall order an appropriate percentage of the income or
salary of the respondent to be withheld regularly by the respondent's employer for the same to be
automatically remitted directly to the woman. Failure to remit and/or withhold or any delay in the remittance
of support to the woman and/or her child without justifiable cause shall render the respondent or his employer
liable for indirect contempt of court;

(h) Prohibition of the respondent from any use or possession of any firearm or deadly weapon and order him
to surrender the same to the court for appropriate disposition by the court, including revocation of license and
disqualification to apply for any license to use or possess a firearm. If the offender is a law enforcement
agent, the court shall order the offender to surrender his firearm and shall direct the appropriate authority to
investigate on the offender and take appropriate action on matter;

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(i) Restitution for actual damages caused by the violence inflicted, including, but not limited to, property
damage, medical expenses, childcare expenses and loss of income;

(j) Directing the DSWD or any appropriate agency to provide petitioner may need; and

(k) Provision of such other forms of relief as the court deems necessary to protect and provide for the safety
of the petitioner and any designated family or household member, provided petitioner and any designated
family or household member consents to such relief.

Any of the reliefs provided under this section shall be granted even in the absence of a decree of legal
separation or annulment or declaration of absolute nullity of marriage.

The issuance of a BPO or the pendency of an application for BPO shall not preclude a petitioner from applying
for, or the court from granting a TPO or PPO.

SECTION 9. Who may file Petition for Protection Orders. – A petition for protection order may be filed by any
of the following:

(a) the offended party;

(b) parents or guardians of the offended party;

(c) ascendants, descendants or collateral relatives within the fourth civil degree of consanguinity or affinity;

(d) officers or social workers of the DSWD or social workers of local government units (LGUs);

(e) police officers, preferably those in charge of women and children's desks;

(f) Punong Barangay or Barangay Kagawad;

(g) lawyer, counselor, therapist or healthcare provider of the petitioner;

(h) At least two (2) concerned responsible citizens of the city or municipality where the violence against
women and their children occurred and who has personal knowledge of the offense committed.

SECTION 10. Where to Apply for a Protection Order. – Applications for BPOs shall follow the rules on venue
under Section 409 of the Local Government Code of 1991 and its implementing rules and regulations. An
application for a TPO or PPO may be filed in the regional trial court, metropolitan trial court, municipal trial
court, municipal circuit trial court with territorial jurisdiction over the place of residence of the petitioner:
Provided, however, That if a family court exists in the place of residence of the petitioner, the application shall
be filed with that court.

SECTION 11. How to Apply for a Protection Order. – The application for a protection order must be in writing,
signed and verified under oath by the applicant. It may be filed as an independent action or as incidental
relief in any civil or criminal case the subject matter or issues thereof partakes of a violence as described in
this Act. A standard protection order application form, written in English with translation to the major local
languages, shall be made available to facilitate applications for protections order, and shall contain, among
other, the following information:

(a) names and addresses of petitioner and respondent;

(b) description of relationships between petitioner and respondent;

(c) a statement of the circumstances of the abuse;

(d) description of the reliefs requested by petitioner as specified in Section 8 herein;

(e) request for counsel and reasons for such;

(f) request for waiver of application fees until hearing; and

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(g) an attestation that there is no pending application for a protection order in another court.

If the applicants is not the victim, the application must be accompanied by an affidavit of the applicant attesting
to (a) the circumstances of the abuse suffered by the victim and (b) the circumstances of consent given by
the victim for the filling of the application. When disclosure of the address of the victim will pose danger to
her life, it shall be so stated in the application. In such a case, the applicant shall attest that the victim is
residing in the municipality or city over which court has territorial jurisdiction, and shall provide a mailing
address for purpose of service processing.

An application for protection order filed with a court shall be considered an application for both a TPO and
PPO.

Barangay officials and court personnel shall assist applicants in the preparation of the application. Law
enforcement agents shall also extend assistance in the application for protection orders in cases brought to
their attention.

SECTION 12. Enforceability of Protection Orders. – All TPOs and PPOs issued under this Act shall be
enforceable anywhere in the Philippines and a violation thereof shall be punishable with a fine ranging from
Five Thousand Pesos (P5,000.00) to Fifty Thousand Pesos (P50,000.00) and/or imprisonment of six (6)
months.

SECTION 13. Legal Representation of Petitioners for Protection Order. – If the woman or her child requests
in the applications for a protection order for the appointment of counsel because of lack of economic means
to hire a counsel de parte, the court shall immediately direct the Public Attorney's Office (PAO) to represent
the petitioner in the hearing on the application. If the PAO determines that the applicant can afford to hire the
services of a counsel de parte, it shall facilitate the legal representation of the petitioner by a counsel de
parte. The lack of access to family or conjugal resources by the applicant, such as when the same are
controlled by the perpetrator, shall qualify the petitioner to legal representation by the PAO.

However, a private counsel offering free legal service is not barred from representing the petitioner.

SECTION 14. Barangay Protection Orders (BPOs); Who May Issue and How. - Barangay Protection Orders
(BPOs) refer to the protection order issued by the Punong Barangay ordering the perpetrator to desist from
committing acts under Section 5 (a) and (b) of this Act. A Punong Barangay who receives applications for a
BPO shall issue the protection order to the applicant on the date of filing after ex parte determination of the
basis of the application. If the Punong Barangay is unavailable to act on the application for a BPO, the
application shall be acted upon by any available Barangay Kagawad. If the BPO is issued by a Barangay
Kagawad the order must be accompanied by an attestation by the Barangay Kagawad that the Punong
Barangay was unavailable at the time for the issuance of the BPO. BPOs shall be effective for fifteen (15)
days. Immediately after the issuance of an ex parte BPO, the Punong Barangay or Barangay Kagawad shall
personally serve a copy of the same on the respondent, or direct any barangay official to effect is personal
service.

The parties may be accompanied by a non-lawyer advocate in any proceeding before the Punong Barangay.

SECTION 15. Temporary Protection Orders. – Temporary Protection Orders (TPOs) refers to the protection
order issued by the court on the date of filing of the application after ex parte determination that such order
should be issued. A court may grant in a TPO any, some or all of the reliefs mentioned in this Act and shall
be effective for thirty (30) days. The court shall schedule a hearing on the issuance of a PPO prior to or on
the date of the expiration of the TPO. The court shall order the immediate personal service of the TPO on the
respondent by the court sheriff who may obtain the assistance of law enforcement agents for the service.
The TPO shall include notice of the date of the hearing on the merits of the issuance of a PPO.

SECTION 16. Permanent Protection Orders. – Permanent Protection Order (PPO) refers to protection order
issued by the court after notice and hearing.

Respondents non-appearance despite proper notice, or his lack of a lawyer, or the non-availability of his
lawyer shall not be a ground for rescheduling or postponing the hearing on the merits of the issuance of a
PPO. If the respondents appears without counsel on the date of the hearing on the PPO, the court shall

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appoint a lawyer for the respondent and immediately proceed with the hearing. In case the respondent fails
to appear despite proper notice, the court shall allow ex parte presentation of the evidence by the applicant
and render judgment on the basis of the evidence presented. The court shall allow the introduction of any
history of abusive conduct of a respondent even if the same was not directed against the applicant or the
person for whom the applicant is made.

The court shall, to the extent possible, conduct the hearing on the merits of the issuance of a PPO in one (1)
day. Where the court is unable to conduct the hearing within one (1) day and the TPO issued is due to expire,
the court shall continuously extend or renew the TPO for a period of thirty (30) days at each particular time
until final judgment is issued. The extended or renewed TPO may be modified by the court as may be
necessary or applicable to address the needs of the applicant.

The court may grant any, some or all of the reliefs specified in Section 8 hereof in a PPO. A PPO shall be
effective until revoked by a court upon application of the person in whose favor the order was issued. The
court shall ensure immediate personal service of the PPO on respondent.

The court shall not deny the issuance of protection order on the basis of the lapse of time between the act of
violence and the filing of the application.

Regardless of the conviction or acquittal of the respondent, the Court must determine whether or not the PPO
shall become final. Even in a dismissal, a PPO shall be granted as long as there is no clear showing that the
act from which the order might arise did not exist.

SECTION 17. Notice of Sanction in Protection Orders. – The following statement must be printed in bold-
faced type or in capital letters on the protection order issued by the Punong Barangay or court:

"VIOLATION OF THIS ORDER IS PUNISHABLE BY LAW."

SECTION 18. Mandatory Period For Acting on Applications For Protection Orders – Failure to act on an
application for a protection order within the reglementary period specified in the previous section without
justifiable cause shall render the official or judge administratively liable.

SECTION 19. Legal Separation Cases. – In cases of legal separation, where violence as specified in this Act
is alleged, Article 58 of the Family Code shall not apply. The court shall proceed on the main case and other
incidents of the case as soon as possible. The hearing on any application for a protection order filed by the
petitioner must be conducted within the mandatory period specified in this Act.

SECTION 20. Priority of Application for a Protection Order. – Ex parte and adversarial hearings to determine
the basis of applications for a protection order under this Act shall have priority over all other proceedings.
Barangay officials and the courts shall schedule and conduct hearings on applications for a protection order
under this Act above all other business and, if necessary, suspend other proceedings in order to hear
applications for a protection order.

SECTION 21. Violation of Protection Orders. – A complaint for a violation of a BPO issued under this Act
must be filed directly with any municipal trial court, metropolitan trial court, or municipal circuit trial court that
has territorial jurisdiction over the barangay that issued the BPO. Violation of a BPO shall be punishable by
imprisonment of thirty (30) days without prejudice to any other criminal or civil action that the offended party
may file for any of the acts committed.

A judgement of violation of a BPO ma be appealed according to the Rules of Court. During trial and upon
judgment, the trial court may motu proprio issue a protection order as it deems necessary without need of an
application.

Violation of any provision of a TPO or PPO issued under this Act shall constitute contempt of court punishable
under Rule 71 of the Rules of Court, without prejudice to any other criminal or civil action that the offended
party may file for any of the acts committed.

SECTION 22. Applicability of Protection Orders to Criminal Cases. – The foregoing provisions on protection
orders shall be applicable in impliedly instituted with the criminal actions involving violence against women
and their children.

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SECTION 23. Bond to Keep the Peace. – The Court may order any person against whom a protection order
is issued to give a bond to keep the peace, to present two sufficient sureties who shall undertake that such
person will not commit the violence sought to be prevented.

Should the respondent fail to give the bond as required, he shall be detained for a period which shall in no
case exceed six (6) months, if he shall have been prosecuted for acts punishable under Section 5(a) to 5(f)
and not exceeding thirty (30) days, if for acts punishable under Section 5(g) to 5(I).

The protection orders referred to in this section are the TPOs and the PPOs issued only by the courts.

SECTION 24. Prescriptive Period. – Acts falling under Sections 5(a) to 5(f) shall prescribe in twenty (20)
years. Acts falling under Sections 5(g) to 5(I) shall prescribe in ten (10) years.

SECTION 25. Public Crime. – Violence against women and their children shall be considered a public offense
which may be prosecuted upon the filing of a complaint by any citizen having personal knowledge of the
circumstances involving the commission of the crime.

SECTION 26. Battered Woman Syndrome as a Defense. – Victim-survivors who are found by the courts to
be suffering from battered woman syndrome do not incur any criminal and civil liability notwithstanding the
absence of any of the elements for justifying circumstances of self-defense under the Revised Penal Code.

In the determination of the state of mind of the woman who was suffering from battered woman syndrome at
the time of the commission of the crime, the courts shall be assisted by expert psychiatrists/ psychologists.

SECTION 27. Prohibited Defense. – Being under the influence of alcohol, any illicit drug, or any other mind-
altering substance shall not be a defense under this Act.

SECTION 28. Custody of children. – The woman victim of violence shall be entitled to the custody and support
of her child/children. Children below seven (7) years old older but with mental or physical disabilities shall
automatically be given to the mother, with right to support, unless the court finds compelling reasons to order
otherwise.

A victim who is suffering from battered woman syndrome shall not be disqualified from having custody of her
children. In no case shall custody of minor children be given to the perpetrator of a woman who is suffering
from Battered woman syndrome.

SECTION 29. Duties of Prosecutors/Court Personnel. – Prosecutors and court personnel should observe the
following duties when dealing with victims under this Act:

a) communicate with the victim in a language understood by the woman or her child; and

b) inform the victim of her/his rights including legal remedies available and procedure, and privileges for
indigent litigants.

SECTION 30. Duties of Barangay Officials and Law Enforcers. – Barangay officials and law enforcers shall
have the following duties:

(a) respond immediately to a call for help or request for assistance or protection of the victim by entering the
necessary whether or not a protection order has been issued and ensure the safety of the victim/s;

(b) confiscate any deadly weapon in the possession of the perpetrator or within plain view;

(c) transport or escort the victim/s to a safe place of their choice or to a clinic or hospital;

(d) assist the victim in removing personal belongs from the house;

(e) assist the barangay officials and other government officers and employees who respond to a call for help;

(f) ensure the enforcement of the Protection Orders issued by the Punong Barangy or the courts;

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(g) arrest the suspected perpetrator wiithout a warrant when any of the acts of violence defined by this Act is
occurring, or when he/she has personal knowledge that any act of abuse has just been committed, and there
is imminent danger to the life or limb of the victim as defined in this Act; and

(h) immediately report the call for assessment or assistance of the DSWD, social Welfare Department of
LGUs or accredited non-government organizations (NGOs).

Any barangay official or law enforcer who fails to report the incident shall be liable for a fine not exceeding
Ten Thousand Pesos (P10,000.00) or whenever applicable criminal, civil or administrative liability.

SECTION 31. Healthcare Provider Response to Abuse – Any healthcare provider, including, but not limited
to, an attending physician, nurse, clinician, barangay health worker, therapist or counselor who suspects
abuse or has been informed by the victim of violence shall:

(a) properly document any of the victim's physical, emotional or psychological injuries;

(b) properly record any of victim's suspicions, observations and circumstances of the examination or visit;

(c) automatically provide the victim free of charge a medical certificate concerning the examination or visit;

(d) safeguard the records and make them available to the victim upon request at actual cost; and

(e) provide the victim immediate and adequate notice of rights and remedies provided under this Act, and
services available to them.

SECTION 32. Duties of Other Government Agencies and LGUs – Other government agencies and LGUs
shall establish programs such as, but not limited to, education and information campaign and seminars or
symposia on the nature, causes, incidence and consequences of such violence particularly towards
educating the public on its social impacts.

It shall be the duty of the concerned government agencies and LGU's to ensure the sustained education and
training of their officers and personnel on the prevention of violence against women and their children under
the Act.

SECTION 33. Prohibited Acts. – A Punong Barangay, Barangay Kagawad or the court hearing an application
for a protection order shall not order, direct, force or in any way unduly influence he applicant for a protection
order to compromise or abandon any of the reliefs sought in the application for protection under this Act.
Section 7 of the Family Courts Act of 1997 and Sections 410, 411, 412 and 413 of the Local Government
Code of 1991 shall not apply in proceedings where relief is sought under this Act.

Failure to comply with this Section shall render the official or judge administratively liable.

SECTION 34. Persons Intervening Exempt from Liability. – In every case of violence against women and
their children as herein defined, any person, private individual or police authority or barangay official who,
acting in accordance with law, responds or intervenes without using violence or restraint greater than
necessary to ensure the safety of the victim, shall not be liable for any criminal, civil or administrative liability
resulting therefrom.

SECTION 35. Rights of Victims. – In addition to their rights under existing laws, victims of violence against
women and their children shall have the following rights:

(a) to be treated with respect and dignity;

(b) to avail of legal assistance form the PAO of the Department of Justice (DOJ) or any public legal assistance
office;

(c) To be entitled to support services form the DSWD and LGUs'

(d) To be entitled to all legal remedies and support as provided for under the Family Code; and

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(e) To be informed of their rights and the services available to them including their right to apply for a
protection order.

SECTION 36. Damages. – Any victim of violence under this Act shall be entitled to actual, compensatory,
moral and exemplary damages.

SECTION 37. Hold Departure Order. – The court shall expedite the process of issuance of a hold departure
order in cases prosecuted under this Act.

SECTION 38. Exemption from Payment of Docket Fee and Other Expenses. – If the victim is an indigent or
there is an immediate necessity due to imminent danger or threat of danger to act on an application for a
protection order, the court shall accept the application without payment of the filing fee and other fees and of
transcript of stenographic notes.

SECTION 39. Inter-Agency Council on Violence Against Women and Their Children (IAC-VAWC). In
pursuance of the abovementioned policy, there is hereby established an Inter-Agency Council on Violence
Against Women and their children, hereinafter known as the Council, which shall be composed of the
following agencies:

(a) Department of Social Welfare and Development (DSWD);

(b) National Commission on the Role of Filipino Women (NCRFW);

(c) Civil Service Commission (CSC);

(d) Commission on Human rights (CHR)

(e) Council for the Welfare of Children (CWC);

(f) Department of Justice (DOJ);

(g) Department of the Interior and Local Government (DILG);

(h) Philippine National Police (PNP);

(i) Department of Health (DOH);

(j) Department of Education (DepEd);

(k) Department of Labor and Employment (DOLE); and

(l) National Bureau of Investigation (NBI).

These agencies are tasked to formulate programs and projects to eliminate VAW based on their mandates
as well as develop capability programs for their employees to become more sensitive to the needs of their
clients. The Council will also serve as the monitoring body as regards to VAW initiatives.

The Council members may designate their duly authorized representative who shall have a rank not lower
than an assistant secretary or its equivalent. These representatives shall attend Council meetings in their
behalf, and shall receive emoluments as may be determined by the Council in accordance with existing
budget and accounting rules and regulations.

SECTION 40. Mandatory Programs and Services for Victims. – The DSWD, and LGU's shall provide the
victims temporary shelters, provide counseling, psycho-social services and /or, recovery, rehabilitation
programs and livelihood assistance.

The DOH shall provide medical assistance to victims.

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SECTION 41. Counseling and Treatment of Offenders. – The DSWD shall provide rehabilitative counseling
and treatment to perpetrators towards learning constructive ways of coping with anger and emotional
outbursts and reforming their ways. When necessary, the offender shall be ordered by the Court to submit to
psychiatric treatment or confinement.

SECTION 42. Training of Persons Involved in Responding to Violence Against Women and their Children
Cases. – All agencies involved in responding to violence against women and their children cases shall be
required to undergo education and training to acquaint them with:

a. the nature, extend and causes of violence against women and their children;

b. the legal rights of, and remedies available to, victims of violence against women and their children;

c. the services and facilities available to victims or survivors;

d. the legal duties imposed on police officers to make arrest and to offer protection and assistance; and

e. techniques for handling incidents of violence against women and their children that minimize the likelihood
of injury to the officer and promote the safety of the victim or survivor.

The PNP, in coordination with LGU's shall establish an education and training program for police officers and
barangay officials to enable them to properly handle cases of violence against women and their children.

SECTION 43. Entitled to Leave. – Victims under this Act shall be entitled to take a paid leave of absence up
to ten (10) days in addition to other paid leaves under the Labor Code and Civil Service Rules and
Regulations, extendible when the necessity arises as specified in the protection order.

Any employer who shall prejudice the right of the person under this section shall be penalized in accordance
with the provisions of the Labor Code and Civil Service Rules and Regulations. Likewise, an employer who
shall prejudice any person for assisting a co-employee who is a victim under this Act shall likewise be liable
for discrimination.

SECTION 44. Confidentiality. – All records pertaining to cases of violence against women and their children
including those in the barangay shall be confidential and all public officers and employees and public or
private clinics to hospitals shall respect the right to privacy of the victim. Whoever publishes or causes to be
published, in any format, the name, address, telephone number, school, business address, employer, or
other identifying information of a victim or an immediate family member, without the latter's consent, shall be
liable to the contempt power of the court.

Any person who violates this provision shall suffer the penalty of one (1) year imprisonment and a fine of not
more than Five Hundred Thousand pesos (P500,000.00).

SECTION 45. Funding – The amount necessary to implement the provisions of this Act shall be included in
the annual General Appropriations Act (GAA).

The Gender and Development (GAD) Budget of the mandated agencies and LGU's shall be used to
implement services for victim of violence against women and their children.

SECTION 46. Implementing Rules and Regulations. – Within six (6) months from the approval of this Act, the
DOJ, the NCRFW, the DSWD, the DILG, the DOH, and the PNP, and three (3) representatives from NGOs
to be identified by the NCRFW, shall promulgate the Implementing Rules and Regulations (IRR) of this Act.

SECTION 47. Suppletory Application – For purposes of this Act, the Revised Penal Code and other applicable
laws, shall have suppletory application.

SECTION 48. Separability Clause. – If any section or provision of this Act is held unconstitutional or invalid,
the other sections or provisions shall not be affected.

SECTION 49. Repealing Clause – All laws, Presidential decrees, executive orders and rules and regulations,
or parts thereof, inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

Page 11 of 36
SECTION 50. Effectivity – This Act shall take effect fifteen (15) days from the date of its complete publication
in at least two (2) newspapers of general circulation.

REPUBLIC ACT No. 7877REPUBLIC ACT No. 78777877REPUBLIC ACT No. 78777877REPUBLIC ACT

Page 12 of 36
AN ACT DECLARING SEXUAL HARASSMENT UNLAWFUL IN THE EMPLOYMENT, EDUCATION OR
TRAINING ENVIRONMENT, AND FOR OTHER PURPOSES.

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Title. - This Act shall be known as the "Anti-Sexual Harassment Act of 1995."

Section 2. Declaration of Policy. - The State shall value the dignity of every individual, enhance the
development of its human resources, guarantee full respect for human rights, and uphold the dignity of
workers, employees, applicants for employment, students or those undergoing training, instruction or
education. Towards this end, all forms of sexual harassment in the employment, education or training
environment are hereby declared unlawful.

Section 3. Work, Education or Training -Related, Sexual Harassment Defined. - Work, education or training-
related sexual harassment is committed by an employer, employee, manager, supervisor, agent of the
employer, teacher, instructor, professor, coach, trainor, or any other person who, having authority, influence
or moral ascendancy over another in a work or training or education environment, demands, requests or
otherwise requires any sexual favor from the other, regardless of whether the demand, request or
requirement for submission is accepted by the object of said Act.

(a) In a work-related or employment environment, sexual harassment is committed when:

(1) The sexual favor is made as a condition in the hiring or in the employment, re-employment
or continued employment of said individual, or in granting said individual favorable
compensation, terms of conditions, promotions, or privileges; or the refusal to grant the sexual
favor results in limiting, segregating or classifying the employee which in any way would
discriminate, deprive ordiminish employment opportunities or otherwise adversely affect said
employee;

(2) The above acts would impair the employee's rights or privileges under existing labor laws;
or

(3) The above acts would result in an intimidating, hostile, or offensive environment for the
employee.

(b) In an education or training environment, sexual harassment is committed:

(1) Against one who is under the care, custody or supervision of the offender;

(2) Against one whose education, training, apprenticeship or tutorship is entrusted to the
offender;

(3) When the sexual favor is made a condition to the giving of a passing grade, or the granting
of honors and scholarships, or the payment of a stipend, allowance or other benefits,
privileges, or consideration; or

(4) When the sexual advances result in an intimidating, hostile or offensive environment for
the student, trainee or apprentice.

Any person who directs or induces another to commit any act of sexual harassment as herein defined,
or who cooperates in the commission thereof by another without which it would not have been
committed, shall also be held liable under this Act.

Section 4. Duty of the Employer or Head of Office in a Work-related, Education or Training Environment. - It
shall be the duty of the employer or the head of the work-related, educational or training environment or
institution, to prevent or deter the commission of acts of sexual harassment and to provide the procedures
for the resolution, settlement or prosecution of acts of sexual harassment. Towards this end, the employer or
head of office shall:

Page 13 of 36
 (a) Promulgate appropriate rules and regulations in consultation with and joint1y approved by the
employees or students or trainees, through their duly designated representatives, prescribing the
procedure for the investigation of sexual harassment cases and the administrative sanctions therefor.

Administrative sanctions shall not be a bar to prosecution in the proper courts for unlawful acts of
sexual harassment.

The said rules and regulations issued pursuant to this subsection (a) shall include, among others,
guidelines on proper decorum in the workplace and educational or training institutions.

(b) Create a committee on decorum and investigation of cases on sexual harassment. The committee
shall conduct meetings, as the case may be, with officers and employees, teachers, instructors,
professors, coaches, trainors, and students or trainees to increase understanding and prevent
incidents of sexual harassment. It shall also conduct the investigation of alleged cases constituting
sexual harassment.

In the case of a work-related environment, the committee shall be composed of at least one (1)
representative each from the management, the union, if any, the employees from the supervisory
rank, and from the rank and file employees.

In the case of the educational or training institution, the committee shall be composed of at least one
(1) representative from the administration, the trainors, instructors, professors or coaches and
students or trainees, as the case may be.

The employer or head of office, educational or training institution shall disseminate or post a copy of
this Act for the information of all concerned.

Section 5. Liability of the Employer, Head of Office, Educational or Training Institution. - The employer or
head of office, educational or training institution shall be solidarily liable for damages arising from the acts of
sexual harassment committed in the employment, education

or training environment if the employer or head of office, educational or training institution is informed of such
acts by the offended party and no immediate action is taken.

Section 6. Independent Action for Damages. - Nothing in this Act shall preclude the victim of work, education
or training-related sexual harassment from instituting a separate and independent action for damages and
other affirmative relief.

Section 7. Penalties. - Any person who violates the provisions of this Act shall, upon conviction, be penalized
by imprisonment of not less than one (1) month nor more than six (6) months, or a fine of not less than Ten
thousand pesos (P10,000) nor more than Twenty thousand pesos (P20,000), or both such fine and
imprisonment at the discretion of the court.

Any action arising from the violation of the provisions of this Act shall prescribe in three (3) years.

Section 8. Separability Clause. - If any portion or provision of this Act is declared void or unconstitutional,
the remaining portions or provisions hereof shall not be affected by such declaration.

Section 9. Repealing Clause. - All laws, decrees, orders, rules and regulations, other issuances, or parts
thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

Section 10. Effectivity Clause.- This Act shall take effect fifteen (15) days after its complete publication in at
least two (2) national newspapers of general circulation.

Republic Act No. 7438 April 27, 1992 Republic Act No. 7438 April 27, 1992 April 27, 1992

Page 14 of 36
AN ACT DEFINING CERTAIN RIGHTS OF PERSON ARRESTED, DETAINED OR UNDER CUSTODIAL
INVESTIGATION AS WELL AS THE DUTIES OF THE ARRESTING, DETAINING AND INVESTIGATING
OFFICERS, AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::

Section 1. Statement of Policy. – It is the policy of the Senate to value the dignity of every human being
and guarantee full respect for human rights.

Section 2. Rights of Persons Arrested, Detained or Under Custodial Investigation; Duties of Public
Officers.–

(a) Any person arrested detained or under custodial investigation shall at all times be assisted by
counsel.

(b) Any public officer or employee, or anyone acting under his order or his place, who arrests, detains
or investigates any person for the commission of an offense shall inform the latter, in a language
known to and understood by him, of his rights to remain silent and to have competent and independent
counsel, preferably of his own choice, who shall at all times be allowed to confer privately with the
person arrested, detained or under custodial investigation. If such person cannot afford the services
of his own counsel, he must be provided with a competent and independent counsel by the
investigating officer.

(c) The custodial investigation report shall be reduced to writing by the investigating officer, provided
that before such report is signed, or thumbmarked if the person arrested or detained does not know
how to read and write, it shall be read and adequately explained to him by his counsel or by the
assisting counsel provided by the investigating officer in the language or dialect known to such
arrested or detained person, otherwise, such investigation report shall be null and void and of no
effect whatsoever.

(d) Any extrajudicial confession made by a person arrested, detained or under custodial investigation
shall be in writing and signed by such person in the presence of his counsel or in the latter's absence,
upon a valid waiver, and in the presence of any of the parents, elder brothers and sisters, his spouse,
the municipal mayor, the municipal judge, district school supervisor, or priest or minister of the gospel
as chosen by him; otherwise, such extrajudicial confession shall be inadmissible as evidence in any
proceeding.

(e) Any waiver by a person arrested or detained under the provisions of Article 125 of the Revised
Penal Code, or under custodial investigation, shall be in writing and signed by such person in the
presence of his counsel; otherwise the waiver shall be null and void and of no effect.

(f) Any person arrested or detained or under custodial investigation shall be allowed visits by or
conferences with any member of his immediate family, or any medical doctor or priest or religious
minister chosen by him or by any member of his immediate family or by his counsel, or by any national
non-governmental organization duly accredited by the Commission on Human Rights of by any
international non-governmental organization duly accredited by the Office of the President. The
person's "immediate family" shall include his or her spouse, fiancé or fiancée, parent or child, brother
or sister, grandparent or grandchild, uncle or aunt, nephew or niece, and guardian or ward.

As used in this Act, "custodial investigation" shall include the practice of issuing an "invitation" to a person
who is investigated in connection with an offense he is suspected to have committed, without prejudice to the
liability of the "inviting" officer for any violation of law.

Section 3. Assisting Counsel. – Assisting counsel is any lawyer, except those directly affected by the case,
those charged with conducting preliminary investigation or those charged with the prosecution of crimes.

The assisting counsel other than the government lawyers shall be entitled to the following fees;

Page 15 of 36
 (a) The amount of One hundred fifty pesos (P150.00) if the suspected person is chargeable with light
felonies;

(b) The amount of Two hundred fifty pesos (P250.00) if the suspected person is chargeable with less
grave or grave felonies;

(c) The amount of Three hundred fifty pesos (P350.00) if the suspected person is chargeable with a
capital offense.

The fee for the assisting counsel shall be paid by the city or municipality where the custodial
investigation is conducted, provided that if the municipality of city cannot pay such fee, the province
comprising such municipality or city shall pay the fee: Provided, That the Municipal or City Treasurer
must certify that no funds are available to pay the fees of assisting counsel before the province pays
said fees.

In the absence of any lawyer, no custodial investigation shall be conducted and the suspected person can
only be detained by the investigating officer in accordance with the provisions of Article 125 of the Revised
Penal Code.

Section 4. Penalty Clause. – (a) Any arresting public officer or employee, or any investigating officer, who
fails to inform any person arrested, detained or under custodial investigation of his right to remain silent and
to have competent and independent counsel preferably of his own choice, shall suffer a fine of Six thousand
pesos (P6,000.00) or a penalty of imprisonment of not less than eight (8) years but not more than ten (10)
years, or both. The penalty of perpetual absolute disqualification shall also be imposed upon the investigating
officer who has been previously convicted of a similar offense.

The same penalties shall be imposed upon a public officer or employee, or anyone acting upon orders
of such investigating officer or in his place, who fails to provide a competent and independent counsel
to a person arrested, detained or under custodial investigation for the commission of an offense if the
latter cannot afford the services of his own counsel.

(b) Any person who obstructs, prevents or prohibits any lawyer, any member of the immediate family
of a person arrested, detained or under custodial investigation, or any medical doctor or priest or
religious minister chosen by him or by any member of his immediate family or by his counsel, from
visiting and conferring privately with him, or from examining and treating him, or from ministering to
his spiritual needs, at any hour of the day or, in urgent cases, of the night shall suffer the penalty of
imprisonment of not less than four (4) years nor more than six (6) years, and a fine of four thousand
pesos (P4,000.00).

The provisions of the above Section notwithstanding, any security officer with custodial responsibility over
any detainee or prisoner may undertake such reasonable measures as may be necessary to secure his safety
and prevent his escape.

Section 5. Repealing Clause. – Republic Act No. No. 857, as amended, is hereby repealed. Other laws,
presidential decrees, executive orders or rules and regulations, or parts thereof inconsistent with the
provisions of this Act are repealed or modified accordingly.

Section 6. Effectivity. – This Act shall take effect fifteen (15) days following its publication in the Official
Gazette or in any daily newspapers of general circulation in the Philippines.

Approved: April 27, 1992.

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REPUBLIC ACT NO. 10586] [REPUBLIC ACT NO. 10586] [REPUBLIC ACT NO. 10586] [REPUBLIC ACT

AN ACT PENALIZING PERSONS DRIVING UNDER THE INFLUENCE OF ALCOHOL, DANGEROUS

DRUGS, AND SIMILAR SUBSTANCES, 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 “Anti-Drunk and Drugged Driving Act of 2013”.

SEC. 2. Declaration of Policy. – Pursuant to the Constitutional principle that recognizes the protection of life
and property and the promotion of the general welfare as essential for the enjoyment of the blessing of
democracy, it is hereby declared the policy of the State to ensure road safety through the observance of the
citizenry of responsible and ethical driving standards.

Towards this end, the State shall penalize the acts of driving under the influence of alcohol, dangerous drugs
and other intoxicating substances and shall inculcate the standards of safe driving and the benefits that may
be derived from it through institutional programs and appropriate public information strategies.

SEC. 3. Definition of Terms. – For purposes of this Act:

(a) Alcohol refers to alcoholic beverages classified into beer, wine and distilled spirits, the consumption of
which produces intoxication.

(b) Breath analyzer refers to the equipment which can determine the blood alcohol concentration level of a
person through testing of his breath.

(c) Chemical tests refer to breath, saliva, urine or blood tests to determine the blood alcohol concentration
level and/or positive indication of dangerous drugs and similar substances in a person’s body.

(d) Dangerous drugs and other similar substances refer to drugs listed in the schedules annexed to the 1961
Single Convention on Narcotics Drugs, as amended by the 1972 Protocol, and in the schedules annexed to
the 1971 Single Convention of Psychotropic Substances as enumerated in its attachment which is an integral
part of Republic Act No. 9165, otherwise known as the “Comprehensive Dangerous Drugs Act of 2002” and
those that the Board may reclassify, add to or remove from the list of dangerous drugs.

(e) Driving under the influence of alcohol refers to the act of operating a motor vehicle while the driver’s blood
alcohol concentration level has, after being subjected to a breath analyzer test, reached the level of
intoxication, as established jointly by the Department of Health (DOH), the National Police Commission
(NAPOLCOM) and the Department of Transportation and Communications (DOTC).

(f) Driving under the influence of dangerous drugs and other similar substances refers to the act of operating
a motor vehicle while the driver, after being subjected to a confirmatory test as mandated under Republic Act
No. 9165, is found to be positive for use of any dangerous drug.

(g) Field sobriety tests refer to standardized tests to initially assess and determine intoxication, such as the
horizontal gaze nystagmus, the walk-and-turn, the one-leg stand, and other similar tests as determined jointly
by the DOH, the NAPOLCOM and the DOTC.

(h) Motor vehicle refers to any land transportation vehicle propelled by any power other than muscular power.

(i) Motor vehicles designed to carry hazardous materials refer to those designed to carry or transport
materials which may endanger health and lives of the public.

(j) Public utility vehicles refer to motor vehicles for hire and used to carry or transport passengers or goods.

SEC. 4. Driver’s Education. – Every applicant for a motor vehicle driver’s license shall complete a course of
instruction that provides information on safe driving including, but not limited to, the effects of the consumption
of alcoholic beverages on the ability of a person to operate a motor vehicle, the hazards of driving under the
influence of alcohol, dangerous drugs and/or other similar substances, and the penalties attached for violation
thereof.

Page 17 of 36
For professional drivers, every applicant for a driver’s license or those applying for renewal thereof shall
undergo the driver’s education herein stated.

The driver’s license written examination shall include questions concerning the effects of alcohol and drug
intoxication on the ability of a person to operate a motor vehicle and the legal and pecuniary consequences
resulting from violation of the provisions of this Act.

SEC. 5. Punishable Act. – It shall be unlawful for any person to drive a motor vehicle while under the influence
of alcohol, dangerous drugs and/or other similar substances.

SEC. 6. Conduct of Field Sobriety, Chemical and Confirmatory Tests. – A law enforcement officer who has
probable cause to believe that a person is driving under the influence of alcohol, dangerous drugs and/or
other similar substances by apparent indications and manifestations, including overspeeding, weaving, lane
straddling, sudden stops, swerving, poor coordination or the evident smell of alcohol in a person’s breath or
signs of use of dangerous drugs and other similar substances, shall conduct field sobriety tests.

If the driver fails in the sobriety tests, it shall be the duty of the law enforcement officer to implement the
mandatory determination of the driver’s blood alcohol concentration level through the use of a breath analyzer
or similar measuring instrument.

If the law enforcement officer has probable cause to believe that a person is driving under the influence of
dangerous drugs and/or other similar substances, it shall be the duty of the law enforcement officer to bring
the driver to the nearest police station to be subjected to a drug screening test and, if necessary, a drug
confirmatory test as mandated under Republic Act No. 9165.

Law enforcement officers and deputized local traffic enforcement officers shall be responsible in
implementing this section.

SEC. 7. Mandatory Alcohol and Chemical Testing of Drivers Involved in Motor Vehicular Accidents. – A driver
of a motor vehicle involved in a vehicular accident resulting in the loss of human life or physical injuries shall
be subjected to chemical tests, including a drug screening test and, if necessary, a drug confirmatory test as
mandated under Republic Act No. 9165, to determine the presence and/or concentration of alcohol,
dangerous drugs and/or similar substances in the bloodstream or body.

SEC. 8. Refusal to Subject Oneself to Mandatory Tests. – A driver of a motor vehicle who refuses to undergo
the mandatory field sobriety and drug tests under Sections 6, 7 and 15 of this Act shall be penalized by the
confiscation and automatic revocation of his or her driver’s license, in addition to other penalties provided
herein and/or other pertinent laws.

SEC. 9. Acquisition of Equipment. – Within four (4) months from the effectivity of this Act, the Land
Transportation Office (LTO) and the Philippine National Police (PNP) shall acquire sufficient breath analyzers
and drug-testing kits to be utilized by law enforcement officers and deputized local traffic enforcement officers
nationwide giving priority to areas with high reported occurrences of accidents. For purposes of acquiring
these equipment and for the training seminars indicated in Section 10 hereof, the LTO shall utilize the Special
Road Safety Fund allotted for this purpose as provided under Section 7 of Republic Act No. 8794, entitled:
“An Act Imposing a Motor Vehicle User’s Charge on Owners of All Types of Motor Vehicles and for Other
Purposes”. Additional yearly appropriations for the purchase of breath analyzers and drug-testing kits shall
be provided annually under the General Appropriations Act.

SEC. 10. Deputation. – The LTO may deputize traffic enforcement officers of the PNP, the Metropolitan
Manila Development Authority (MMDA) and cities and municipalities in order to enforce the provisions of this
Act.

SEC. 11. Law Enforcement Officer Education. – The LTO and the PNP shall conduct training seminars for
their law enforcers and deputies with regard to the proper conduct of field sobriety tests and breath analyzer
tests every year. Within four (4) months from the effectivity of this Act, the LTO shall publish the guidelines
and procedures for the proper conduct of field sobriety tests, which guidelines shall be made available to the
public and made available for download through the official LTO website.

Page 18 of 36
SEC. 12. Penalties. – A driver found to have been driving a motor vehicle while under the influence of alcohol,
dangerous drugs and/or other similar substances, as provided for under Section 5 of this Act, shall be
penalized as follows:

(a) If the violation of Section 5 did not result in physical injuries or homicide, the penalty of three (3) months
imprisonment, and a fine ranging from Twenty thousand pesos (Php20,000.00) to Eighty thousand pesos
(Php80,000.00) shall be imposed;

(b) If the violation of Section 5 resulted in physical injuries, the penalty provided in Article 263 of the Revised
Penal Code or the penalty provided in the next preceding subparagraph, whichever is higher, and a fine
ranging from One hundred thousand pesos (Php100,000.00) to Two hundred thousand pesos
(Php200,000.00) shall be imposed;

(c) If the violation of Section 5 resulted in homicide, the penalty provided in Article 249 of the Revised Penal
Code and a fine ranging from Three hundred thousand pesos (Php300,000.00) to Five hundred thousand
pesos (Php500,000.00) shall be imposed; and

(d) The nonprofessional driver’s license of any person found to have violated Section 5 of this Act shall also
be confiscated and suspended for a period of twelve (12) months for the first conviction and perpetually
revoked for the second conviction. The professional driver’s license of any person found to have violated
Section 5 of this Act shall also be confiscated and perpetually revoked for the first conviction. The perpetual
revocation of a driver’s license shall disqualify the person from being granted any kind of driver’s license
thereafter.

The prosecution for any violation of this Act shall be without prejudice to criminal prosecution for violation of
the Revised Penal Code, Republic Act No. 9165 and other special laws and existing local ordinances,
whenever applicable.

SEC. 13. Direct Liability of Operator and/or Owner of the Offending Vehicle. – The owner and/or operator of
the vehicle driven by the offender shall be directly and principally held liable together with the offender for the
fine and the award against the offender for civil damages unless he or she is able to convincingly prove that
he or she has exercised extraordinary diligence in the selection and supervision of his or her drivers in general
and the offending driver in particular.

This section shall principally apply to the owners and/or operators of public utility vehicles and commercial
vehicles such as delivery vans, cargo trucks, container trucks, school and company buses, hotel transports,
cars or vans for rent, taxi cabs, and the like.

SEC. 14. Nationwide Information Campaign. – Within one (1) month from the promulgation of the
implementing rules and regulations as provided under Section 17 hereof, the Philippine Information Agency
(PIA), in coordination with the LTO, the local government units (LGUs) and other concerned agencies, shall
conduct information, education and communication (IEC) campaign for the attainment of the objectives of
this Act.

SEC. 15. Nationwide Random Terminal Inspection and Quick Random Drug Tests. – The LTO shall conduct
random terminal inspections and quick random drug tests of public utility drivers. The cost of such tests shall
be defrayed by the LTO.

SEC. 16. Review of Penalties. – The LTO shall, after five (5) years from the effectivity of this Act and every
five (5) years thereafter, review the applicability and enforcement of all foregoing pecuniary penalties and
shall initiate amendment and/or upgrade the same as may be necessary, subject to the approval of the
Secretary of the DOTC.

SEC. 17. Implementing Rules and Regulations. – The DOTC, the DOH and the NAPOLCOM shall, within
three (3) months from the effectivity of this Act, jointly promulgate the necessary implementing rules and
regulations to carry out the provisions of this Act.

SEC. 18. Separability Clause. – If, for any reason, any part or provision of this Act is declared invalid, such
declaration shall not affect the other provisions of this Act.

Page 19 of 36
SEC. 19. Repealing Clause. – Subparagraph (f), Section 56, Article 1 of Republic Act No. 4136, otherwise
known as the “Land Transportation and Traffic Code”, as amended; subparagraph (f), Section 5 of Republic
Act No. 7924, otherwise known as “An Act Creating the Metropolitan Manila Development Authority, Defining
its Powers and Functions, Providing Funds Therefor and for Other Purposes;” subparagraph (a), Section 36
of Republic Act No. 9165; and all other laws, orders, issuances, circulars, rules and regulations or parts
thereof which are inconsistent with any provision of this Act are hereby repealed or modified accordingly.

SEC. 20. Effectivity. – This Act shall take effect after fifteen (15) days from its publication in the Official
Gazette or in two (2) national newspapers of general circulation.

Page 20 of 36
Republic Act No. 9287 April 2, 2004 Republic Act No. 9287 April 2, 2004 Republic Act NoAS

AN ACT INCREASING THE PENALTIES FOR ILLEGAL NUMBERS GAMES, AMENDING CERTAIN
PROVISIONS OF PRESIDENTIAL DECREE NO. 1602, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Declaration of Policy. - It is the policy of the State to promote a just and dynamic social order that
will ensure the prosperity and independence of the nation and free the people from poverty through policies
that provide adequate social services, promote full employment, a rising standard of living, and an improved
quality of life for all. It is likewise the policy of the State that the promotion of social justice shall include the
commitment to create economic opportunities based on freedom of initiative and self-reliance.

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

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

Sec. 2. Definition of Terms. - As used in this Act, the following terms shall mean:

a) Illegal Numbers Game. - Any form illegal gambling activity which uses numbers or combinations thereof
as factors in giving out jackpots.

b) Jueteng. - An illegal numbers game that involves the combination of thirty-seven (37) numbers against
thirty-seven (37) numbers from number one (1) to thirty seven (37) or the combination of thirty-eight (38)
numbers in some areas, serving as a form of local lottery where bets are placed and accepted per
combination, and its variants.

c) Masiao. - An illegal numbers game where the winning combination is derived from the results of the last
game of Jai Alai or the Special Llave portion or any result thereof based on any fictitious Jai Alai game
consisting of ten (10) players pitted against one another, and its variants.

d) Last Two. - An illegal numbers game where the winning combination is derived from the last two (2)
numbers of the first prize of the winning Sweepstakes ticket which comes out during the weekly draw of the
Philippine Charity Sweepstakes Office (PCSO), and its variants.

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

f) Personnel or Staff of Illegal Numbers Game Operation. - Any person, who acts in the interest of the
maintainer, manager or operator, such as, but not limited to, an accountant, cashier, checker, guard, runner,
table manager, usher, watcher, or any other personnel performing such similar functions in a building
structure, vessel, vehicle, or any other place where an illegal numbers game is operated or conducted.

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

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

i) Maintainer, Manager or Operator. - Any person who maintains, manages or operates any illegal number
game in a specific area from whom the coordinator, controller or supervisor, and collector or agent take
orders.

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

Page 21 of 36
k) Protector or Coddler. - Any person who lends or provides protection, or receives benefits in any manner in
the operation of any illegal numbers game.

Sec. 3. Punishable Acts. - Any person who participates in any illegal numbers game shall suffer the following
penalties:

a) The penalty of imprisonment from thirty (30) days to ninety (90) days, if such person acts as a bettor;

b) The penalty of imprisonment from six (6) years and one (1) day to eight (8) years, if such person acts as
a personnel or staff of an illegal numbers game operation;

The same penalty shall likewise be imposed to any person who allows his vehicle, house, building or land to
be used in the operation of the illegal numbers games.

c) The penalty of imprisonment from eight (8) years and one (1) day to ten (10) years, if such person acts as
a collector or agent;

d) The penalty of imprisonment from ten (10) years and one (1) day to twelve (12) years, if such person acts
as a coordinator, controller or supervisor;

e) The penalty of imprisonment from twelve (12) years and one (1) day to ten (10) fourteen (14) years, if such
person acts as a maintainer, manager or operator; and

f) The penalty of imprisonment from fourteen (14) years and one (1) day to sixteen (16) years, if such person
acts as a financier or capitalist;

g) The penalty of imprisonment from sixteen (16) years and one (1) day to twenty (20) years, if such person
acts as protector or coddler.

Sec. 4. Possession of Gambling Paraphernalia or Materials. - The possession of any gambling paraphernalia
and other materials used in the illegal numbers game operation shall be deemed prima facie evidence of any
offense covered by this Act.

Sec. 5. Liability of Government Employees and/or Public Officials. - a) If the collector, agent, coordinator,
controller, supervisor, maintainer, manager, operator, financier or capitalist of any illegal numbers game is a
government employee and/or public official, whether elected or appointed shall suffer the penalty of twelve
(12) years and one (1) day to twenty (20) years and a fine ranging from Three million pesos (P3,000,000.00)
to Five million pesos (P5,000,000.00) and perpetual absolute disqualification from public office.

In addition to the penalty provided in the immediately preceding section, the accessory penalty of perpetual
disqualification from public office shall be imposed upon any local government official who, having knowledge
of the existence of the operation of any illegal numbers game in his/her jurisdiction, fails to abate or to take
action, or tolerates the same in connection therewith.

b) In the case of failure to apprehend perpetrators of any illegal numbers game, any law enforcer shall suffer
an administrative penalty of suspension or dismissal, as the case may be, to be imposed by the appropriate
authority.

Sec. 6. Liability of Parents/Guardians. - The penalty of imprisonment from six (6) months and one (1) day to
one (1) year or fine ranging from One hundred thousand pesos (P100,000.00) to Four hundred thousand
pesos (P400,000.00) shall be imposed upon any parent, guardian or person exercising moral authority or
ascendancy over a minor, ward or incapacitated person, and not otherwise falling under any of the foregoing
subsections, who induces or causes such minor, ward or incapacitated person to commit any of the offenses
punishable in this Act. Upon conviction, the parent, guardian or person exercising moral authority or
ascendancy over the minor, ward or incapacitated person shall be deprived of his/her authority over such
person in addition to the penalty imposed.

Sec. 7. Recidivism. - The penalty next higher in degree as provided for under Section 3 hereof shall be
imposed upon a recidivist who commits any of the offenses punishable in this Act.

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Sec. 8. Immunity from Prosecution. - Any person who serves as a witness for the government or provides
evidence in a criminal case involving any violation of this Act, or who voluntarily or by virtue of a subpoena
testificandum or duces tecum, produces, identifies, or gives testimony shall be immune from any criminal
prosecution, subject to the compliance with the provisions of Presidential Decree No. 1732, otherwise known
as Decree Providing Immunity from Criminal Prosecution to Government Witnesses and the pertinent
provisions of the Rules of Court.

Sec. 9. Prosecution, Judgment and Forfeiture of Property. - Any person may be charged with or convicted of
the offenses covered by this Act without prejudice to the prosecution of any act or acts penalized under the
Revised Penal Code or existing laws.

During the pendency of the case, no property or income used or derived therefrom which may be confiscated
and forfeited shall be disposed, alienated or transferred and the same shall be in custodia legis and no bond
shall be admitted for the release of the same.

The trial prosecutors shall avail of provisional remedies provided for under the Revised Rules on Criminal
Procedure.

Upon conviction, all proceeds, gambling paraphernalia and other instruments of the crime including any real
or personal property used in any illegal numbers game operation shall be confiscated and forfeited in favor
of the State. All assets and properties of the accused either owned or held by him/her in his/her name or in
the name of another person found to be manifestly out of proportion to his/her lawful income shall be prima
facie presumed to be proceeds of the offense and shall likewise be confiscated and forfeited in favor of the
State.

Sec. 10. Witness Protection. - Any person who provides material information, whether testimonial or
documentary, necessary for the investigation or prosecution of individuals committing any of the offenses
under Sections 3, 4, 5 and 6 herein shall be placed under the Witness Protection Program pursuant to
Republic Act. No. 6981.

Sec. 11. Informer's Reward. - Any person who, having knowledge or information of any offense committed
under this Act and who shall disclose the same which may lead to the arrest and final conviction of the
offender, may be rewarded a certain percentage of the cash money or articles of value confiscated or forfeited
in favor of the government, which shall be determined through a policy guideline promulgated by the
Department of Justice (DOJ) in coordination with the Department of Interior and Local Government (DILG)
and the National Police Commission (NAPOLCOM).

The DILG, the NAPOLCOM and the DOJ shall provide for a system of rewards and incentives for law
enforcement officers and for local government official for the effective implementation of this Act.

Sec. 12. Implementing Rules and Regulations. - Within sixty (60) days from the effectivity of this Act, the
DILG, DOJ, NAPOLCOM, and other concerned government agencies shall jointly promulgate the
implementing rules and regulations, as may be necessary to ensure the efficient and effective implementation
of the provisions of this Act.

Sec. 13. Separability Clause. - If for any reason any section or provision of this Act, or any portion thereof, or
the application of such section, provision or portion thereof to any person, group or circumstance is declared
invalid or unconstitutional, the remaining provisions of this Act shall not be affected by such declaration and
shall remain in force and effect.

Sec. 14. Amendatory Clause. - The pertinent provisions of Presidential Decree No. 1602, in so far as they
are inconsistent herewith, are hereby expressly amended or modified accordingly.

Sec. 15. Repealing Clause. - The provisions of other laws, decrees, executive orders, rules and regulations
inconsistent with this Act are hereby repealed, amended or modified accordingly.

Sec. 16. Effectivity. - This Act shall take effect fifteen (15) days after its publication in at least two (2) national
newspapers of general circulation.

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REPUBLIC ACT N0. 9745 REPUBLIC ACT N0. 9745 REPUBLIC ACT N0. 9745 REPUBLIC ACT N0. 9745A

AN ACT PENALIZING TORTURE AND OTHER CRUEL, INHUMAN AND DEGRADING TREATMENT OR
PUNISHMENT AND PRESCRIBING PENALTIES THEREFOR

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Short Title. - This Ad shall be known as the "Anti-Torture Act of 2009".

Section 2. Statement of Policy. - It is hereby declared the policy of the State:

(a) To value the dignity of every human person and guarantee full respect for human rights;

(b) To ensure that the human rights of all persons, including suspects, detainees and prisoners are respected
at all times; and that no person placed under investigation or held in custody of any person in authority or,
agent of a person authority shall be subjected to physical, psychological or mental harm, force, violence,
threat or intimidation or any act that impairs his/her free wi11 or in any manner demeans or degrades human
dignity;

(c) To ensure that secret detention places, solitary, incommunicado or other similar forms of detention, where
torture may be carried out with impunity, are prohibited; and

(d) To fully adhere to the principles and standards on the absolute condemnation and prohibition of torture
as provided for in the 1987 Philippine Constitution; various international instruments to which the Philippines
is a State party such as, but not limited to, the International Covenant on Civil and Political Rights (ICCPR),
the Convention on the Rights of the Child (CRC), the Convention on the Elimination of All Forms of
Discrimination Against Women (CEDA W) and the Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (CAT); and all other relevant international human rights instruments to
which the Philippines is a signatory.

Section 3. Definitions. - For purposes of this Act, the following terms shall mean:

(a) "Torture" refers to an act by which severe pain or suffering, whether physical or mental, is intentionally
inflicted on a person for such purposes as obtaining from him/her or a third person information or a
confession; punishing him/her for an act he/she or a third person has committed or is suspected of having
committed; or intimidating or coercing him/her or a third person; or for any reason based on discrimination of
any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence
of a person in authority or agent of a person in authority. It does not include pain or Buffering arising only
from, inherent in or incidental to lawful sanctions.

(b) "Other cruel, inhuman and degrading treatment or punishment" refers to a deliberate and aggravated
treatment or punishment not enumerated under Section 4 of this Act, inflicted by a person in authority or
agent of a person in authority against a person under his/her custody, which attains a level of severity causing
suffering, gross humiliation or debasement to the latter.

(c) "Victim" refers to the person subjected to torture or other cruel, inhuman and degrading treatment or
punishment as defined above and any individual who has suffered harm as a result of any act(s) of torture,
or other cruel, inhuman and degrading treatment or punishment.

(d) "Order of Battle" refers to any document or determination made by the military, police or any law
enforcement agency of the government, listing the names of persons and organizations that it perceives to
be enemies of the State and that it considers as legitimate targets as combatants that it could deal with,
through the use of means allowed by domestic and international law.

Section 4. Acts of Torture. - For purposes of this Act, torture shall include, but not be limited to, the following:

(a) Physical torture is a form of treatment or punishment inflicted by a person in authority or agent of a person
in authority upon another in his/her custody that causes severe pain, exhaustion, disability or dysfunction of
one or more parts of the body, such as:

Page 24 of 36
(1) Systematic beating, headbanging, punching, kicking, striking with truncheon or rifle butt or other similar
objects, and jumping on the stomach;

(2) Food deprivation or forcible feeding with spoiled food, animal or human excreta and other stuff or
substances not normally eaten;

(3) Electric shock;

(4) Cigarette burning; burning by electrically heated rods, hot oil, acid; by the rubbing of pepper or other
chemical substances on mucous membranes, or acids or spices directly on the wound(s);

(5) The submersion of the head in water or water polluted with excrement, urine, vomit and/or blood until the
brink of suffocation;

(6) Being tied or forced to assume fixed and stressful bodily position;

(7) Rape and sexual abuse, including the insertion of foreign objects into the sex organ or rectum, or electrical
torture of the genitals;

(8) Mutilation or amputation of the essential parts of the body such as the genitalia, ear, tongue, etc.;

(9) Dental torture or the forced extraction of the teeth;

(10) Pulling out of fingernails;

(11) Harmful exposure to the elements such as sunlight and extreme cold;

(12) The use of plastic bag and other materials placed over the head to the point of asphyxiation;

(13) The use of psychoactive drugs to change the perception, memory. alertness or will of a person, such as:

(i) The administration or drugs to induce confession and/or reduce mental competency; or

(ii) The use of drugs to induce extreme pain or certain symptoms of a disease; and

(14) Other analogous acts of physical torture; and

(b) "Mental/Psychological Torture" refers to acts committed by a person in authority or agent of a person in
authority which are calculated to affect or confuse the mind and/or undermine a person's dignity and morale,
such as:

(1) Blindfolding;

(2) Threatening a person(s) or his/fher relative(s) with bodily harm, execution or other wrongful acts;

(3) Confinement in solitary cells or secret detention places;

(4) Prolonged interrogation;

(5) Preparing a prisoner for a "show trial", public display or public humiliation of a detainee or prisoner;

(6) Causing unscheduled transfer of a person deprived of liberty from one place to another, creating the belief
that he/she shall be summarily executed;

(7) Maltreating a member/s of a person's family;

(8) Causing the torture sessions to be witnessed by the person's family, relatives or any third party;

(9) Denial of sleep/rest;

Page 25 of 36
(10) Shame infliction such as stripping the person naked, parading him/her in public places, shaving the
victim's head or putting marks on his/her body against his/her will;

(11) Deliberately prohibiting the victim to communicate with any member of his/her family; and

(12) Other analogous acts of mental/psychological torture.

Section 5. Other Cruel, Inhuman and Degrading Treatment or Punishment. - Other cruel, inhuman or
degrading treatment or punishment refers to a deliberate and aggravated treatment or punishment not
enumerated under Section 4 of this Act, inflicted by a person in authority or agent of a person in authority
against another person in custody, which attains a level of severity sufficient to cause suffering, gross
humiliation or debasement to the latter. The assessment of the level of severity shall depend on all the
circumstances of the case, including the duration of the treatment or punishment, its physical and mental
effects and, in some cases, the sex, religion, age and state of health of the victim.

Section 6. Freedom from Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment, An
Absolute Bight. - Torture and other cruel, inhuman and degrading treatment or punishment as criminal acts
shall apply to all circumstances. A state of war or a threat of war, internal political instability, or any other
public emergency, or a document or any determination comprising an "order of battle" shall not and can never
be invoked as a justification for torture and other cruel, inhuman and degrading treatment or punishment.

Section 7. Prohibited Detention. - Secret detention places, solitary confinement, incommunicado or other
similar forms of detention, where torture may be carried out with impunity. Are hereby prohibited.

In which case, the Philippine National Police (PNP), the Armed Forces of the Philippines (AFP) and other law
enforcement. agencies concerned shall make an updated list of all detention centers and facilities under their
respective jurisdictions with the corresponding data on the prisoners or detainees incarcerated or detained
therein such as, among others, names, date of arrest and incarceration, and the crime or offense committed.
This list shall be made available to the public at all times, with a copy of the complete list available at the
respective national headquarters of the PNP and AFP. A copy of the complete list shall likewise be submitted
by the PNP, AFP and all other law enforcement agencies to the Commission on Human Rights (CHR), such
list to be periodically updated, by the same agencies, within the first five (5) days of every month at the
minimum. Every regional office of the PNP, AFP and other law enforcement agencies shall also maintain a
similar list far all detainees and detention facilities within their respective areas, and shall make the same
available to the public at all times at their respective regional headquarters, and submit a copy. updated in
the same manner provided above, to the respective regional offices of the CHR.

Section 8. Applicability of the Exclusionary Rule; Exception. - Any confession, admission or statement
obtained as a result of torture shall be inadmissible in evidence in any proceedings, except if the same is
used as evidence against a person or persons accused of committing torture.

Section 9. Institutional Protection of Torture Victims and Other Persons Involved. - A victim of torture shall
have the following rights in the institution of a criminal complaint for torture:

(a) To have a prompt and an impartial investigation by the CHR and by agencies of government concerned
such as the Department of Justice (DOJ), the Public Attorney's Office (PAO), the PNP, the National Bureau
of Investigation (NBI) and the AFP. A prompt investigation shall mean a maximum period of sixty (60) working
days from the time a complaint for torture is filed within which an investigation report and/or resolution shall
be completed and made available. An appeal whenever available shall be resolved within the same period
prescribed herein,

(b) To have sufficient government protection against all forms of harassment; threat and/or intimidation as a
consequence of the filing of said complaint or the presentation of evidence therefor. In which case, the State
through its appropriate agencies shall afford security in order to ensure his/her safety and all other persons
involved in the investigation and prosecution such as, but not limited to, his/her lawyer, witnesses and
relatives; and

(c) To be accorded sufficient protection in the manner by which he/she testifies and presents evidence in any
fora in order to avoid further trauma.

Page 26 of 36
Section 10. Disposition of Writs of Habeas Corpus, Amparo and Habeas Data Proceedings and Compliance
with a Judicial 07'der. - A writ of habeas corpus or writ of amparo or writ of habeas data proceeding, if any,
filed on behalf of the victim of torture or other cruel, degrading and inhuman treatment or punishment shall
be disposed of expeditiously and any order of release by virtue thereof, or other appropriate order of a court
relative thereto, shall be executed or complied with immediately.

Section 11. Assistance in Filing a Complaint. - The CHR and the PAO shall render legal assistance in the
investigation and monitoring and/or filing of the complaint for a person who suffers torture and other cruel,
inhuman and degrading treatment or punishment, or for any interested party thereto.

The victim or interested party may also seek legal assistance from the Barangay Human Rights Action Center
(BRRAC) nearest him/her as well as from human rights nongovernment organizations (NGOs).

Section 12. Right to' Physical, Medical and Psychological Examination. - Before and after interrogation, every
person arrested, detained or under custodial investigation shall have the right to he informed of his/her right
to demand physical examination by an independent and competent doctor of his/her own choice. If such
person cannot afford the services of his/her own doctor, he/she shall he provided by the State with a
competent and independent doctor to conduct physical examination. The State shall endeavor to provide the
victim with psychological evaluation if available under the circumstances. If the person arrested is a female,
she shall be attended to preferably by a female doctor. Furthermore, any person arrested, detained or under
custodial investigation, including his/her immediate family, shall have the right to immediate access to proper
and adequate medical treatment. The physical examination and/or psychological evaluation of the victim shall
be contained in a medical report, duly signed by the attending physician, which shall include in detail his/her
medical history and findings, and which shall he attached to the custodial investigation report. Such report
shall be considered a public document.

Following applicable protocol agreed upon by agencies tasked to conduct physical, psychological and mental
examinations, the medical reports shall, among others, include:

(a) The name, age and address of the patient or victim;

(b) The name and address of the nearest kin of the patient or victim;

(c) The name and address of the person who brought the patient or victim for physical, psychological and
mental examination, and/or medical treatment;

(d) The nature and probable cause of the patient or victim's injury, pain and disease and/or trauma;

(e) The approximate time and date when the injury, pain, disease and/or trauma was/were sustained;

(f) The place where the injury, pain, disease and/or trauma was/were sustained;

(g) The time, date and nature of treatment necessary; and

(h) The diagnosis, the prognosis and/or disposition of the patient.

Any person who does not wish to avail of the rights under this pr<;lvision may knowingly and voluntarily waive
such rights in writing, executed in the presence and assistance of his/her counsel.

Section 13. Who are Criminally Liable. - Any person who actually participated Or induced another in the
commission of torture or other cruel, inhuman and degrading treatment or punishment or who cooperated in
the execution of the act of torture or other cruel, inhuman and degrading treatment or punishment by previous
or simultaneous acts shall be liable as principal

Any superior military, police or law enforcement officer or senior government official who issued an order to
any lower ranking personnel to commit torture for whatever purpose shall be held equally liable as principals.

The immediate commanding officer of the unit concerned of the AFP or the immediate senior public official
of the PNP and other law enforcement agencies shall be held liable as a principal to the crime of torture or
other cruel or inhuman and degrading treatment or punishment for any act or omission, or negligence

Page 27 of 36
committed by him/her that shall have led, assisted, abetted or allowed, whether directly or indirectly, the
commission thereof by his/her subordinates. If he/she has knowledge of or, owing to the circumstances at
the time, should have known that acts of torture or other cruel, inhuman and degrading treatment or
punishment shall be committed, is being committed, or has been committed by his/her subordinates or by
others within his/her area of responsibility and, despite such knowledge, did not take preventive or corrective
action either before, during or immediately after its commission, when he/she has the authority to prevent or
investigate allegations of torture or other cruel, inhuman and degrading treatment or punishment but failed to
prevent or investigate allegations of such act, whether deliberately or due to negligence shall also be liable
as principals.

Any public officer or employee shall be liable as an accessory if he/she has knowledge that torture or other
cruel, inhuman and degrading treatment or punishment is being committed and without having participated
therein, either as principal or accomplice, takes part subsequent to its commission in any of the following
manner:

(a) By themselves profiting from or assisting the offender to profit from the effects of the act of torture or other
cruel, inhuman and degrading treatment or punishment;

(b) By concealing the act of torture or other cruel, inhuman and degrading treatment or punishment and/or
destroying the effects or instruments thereof in order to prevent its discovery; or(c) By harboring, concealing
or assisting m the escape of the principal/s in the act of torture or other cruel, inhuman and degrading
treatment or punishment: Provided, That the accessory acts are done with the abuse of the official's public
functions.

Section 14. Penalties. - (a) The penalty of reclusion perpetua shall be imposed upon the perpetrators of the
following acts:

(1) Torture resulting in the death of any person;

(2) Torture resulting in mutilation;

(3) Torture with rape;

(4) Torture with other forms of sexual abuse and, in consequence of torture, the victim shall have become
insane, imbecile, impotent, blind or maimed for life; and

(5) Torture committed against children.

(b) The penalty of reclusion temporal shall be imposed on those who commit any act of mental/psychological
torture resulting in insanity, complete or partial amnesia, fear of becoming insane or suicidal tendencies of
the victim due to guilt, worthlessness or shame.

(c) The penalty of prision correccional shall be imposed on those who commit any act of torture resulting in
psychological, mental and emotional harm other than those described 1n paragraph (b) of this section. '

(d) The penalty of prision mayor in its medium and maximum periods shall be imposed if, in consequence of
torture, the victim shall have lost the power of speech or the power to hear or to smell; or shall have lost an
eye, a hand, a foot, an arm or a leg; or shall have lost the use of any such member; Or shall have become
permanently incapacitated for labor.

(e) The penalty of prision mayor in its minimum and medium periods shall be imposed if, in consequence of
torture, the victim shall have become deformed or shall have lost any part of his/her body other than those
aforecited, or shall have lost the use thereof, or shall have been ill or incapacitated for labor for a period of
more than ninety (90) days.

(f) The penalty of prision correccional in its maximum period to prision mayor in its minimum period shall be
imposed if, in consequence of torture, the victim shall have been ill or incapacitated for labor for mare than
thirty (30) days but not more than ninety (90) days.

Page 28 of 36
(g) The penalty of prision correccional in its minimum and medium period shall be imposed if, in consequence
of torture, the victim shall have been ill or incapacitated for labor for thirty (30) days or less.

(h) The penalty of arresto mayor shall be imposed for acts constituting cruel, inhuman or degrading treatment
or punishment as defined in Section 5 of this Act.

(i) The penalty of prision correccional shall be imposed upon those who establish, operate and maintain
secret detention places and/or effect or cause to effect solitary confinement, incommunicado or other similar
forms of prohibited detention as provided in Section 7 of this Act where torture may be carried out with
impunity.

(j) The penalty of arresto mayor shall be imposed upon the responsible officers or personnel of the AFP, the
PNP and other law enforcement agencies for failure to perform his/her duty to maintain, submit or make
available to the public an updated list of detention centers and facilities with the corresponding data on the
prisoners or detainees incarcerated or detained therein, pursuant to Section 7 of this Act.

Section 15. Torture as a Separate and Independent Crime. - Torture as a crime shall not absorb or shall not
be absorbed by any other crime or felony committed as a consequence, or as a means in the conduct or
commission thereof. In which case, torture shall be treated as a separate and independent criminal act whose
penalties shall be imposable without prejudice to any other criminal liability provided for by domestic and
international laws.

Section 16. Exclusion from the Coverage of Special Amnesty Law. - In order not to depreciate the crime of
torture, persons who have committed any act of torture shall not benefit from any special amnesty law or
similar measures that will have the effect of exempting them from any criminal proceedings and sanctions.

Section 17. Applicability of Refouler. - No person shall be expelled, returned or extradited to another State
where there are substantial grounds to believe that such person shall be in danger of being subjected to
torture. For the purposes of determining whether such grounds exist, the Secretary of the Department of
Foreign Affairs (DFA) and the Secretary of the DOJ, in coordination with the Chairperson of the CHR, shall
take into account all relevant considerations including, where applicable and not limited to, the existence in
the requesting State of a consistent pattern of gross, flagrant or mass violations of human rights.

Section 18. Compensation to Victims of Torture. - Any person who has suffered torture shall have the right
to claim for compensation as provided for under Republic Act No. 7309: Provided, That in no case shall
compensation be any lower than Ten thousand pesos (P10,000.00). Victims of torture shall also have the
right to claim for compensation from such other financial relief programs that may be made available to
him/her under existing law and rules and regulations.

Section 19. Formulation of a Rehabilitation Program. - Within one (1) year from the effectivity of this Act, the
Department of Social Welfare and Development (DSWD), the DOJ and the Department of Health (DOH) and
such other concerned government agencies, and human rights organizations shall formulate a
comprehensive rehabilitation program for victims of torture and their families. The DSWD, the DOJ and thc
DOH shall also call on human rights nongovernment organizations duly recognized by the government to
actively participate in the formulation of such program that shall provide for the physical, mental, social,
psychological healing and development of victims of torture and their families. Toward the attainment of
restorative justice, a parallel rehabilitation program for persons who have committed torture and other cruel,
inhuman and degrading punishment shall likewise be formulated by the same agencies.

Section 20. Monitoring of Compliance with this Act. - An Oversight Committee is hereby created to periodically
oversee the implementation of this Act. The Committee shall be headed by a Commissioner of the CRR, with
the following as members: the Chairperson of the Senate Committee on Justice and Human Rights, the
respective Chairpersons of the House of Representatives' Committees on Justice and Human Rights, and
the Minority Leaders of both houses or their respective representatives in the minority.

Section 21. Education and Information Campaign. - The CHR, the DOJ, the Department of National Defense
(DND), the Department of the Interior and Local Government (DILG) and such other concerned parties in
both the public and private sectors shall ensure that education and information regarding prohibition against
torture and other cruel, inhuman and degrading treatment or punishment shall be fully included in the training
of law enforcement personnel, civil or military, medical personnel, public officials and other persons who may

Page 29 of 36
be involved in the custody, interrogation or treatment of any individual subjected to any form of arrest,
detention or imprisonment. The Department of Education (DepED) and the Commission on Higher Education
(CHED) shall also ensure the integration of human rights education courses in all primary, secondary and
tertiary level academic institutions nationwide.

Section 22. Applicability of the Revised Penal Code. - The provisions of the Revised Penal Code insofar as
they are applicable shall be suppletory to this Act. Moreover, if the commission of any crime punishable under
Title Eight (Crimes Against Persons) and Title Nine (Crimes Against Personal Liberty and Security) of the
Revised Penal Code is attended by any of the acts constituting torture and other cruel, inhuman and
degrading treatment or punishment as defined herein, the penalty to be imposed shall be in its maximum
period.

Section 23. Appropriations. - The amount of Five million pesos (Php5,000,000.00) is hereby appropriated to
the CHR for the initial implementation of tills Act. Thereafter, such sums as may be necessary for the
continued implementation of this Act shall be included in the annual General Appropriations Act.

Section 24. Implementing Rules and Regulations. - The DOJ and the CHR, with the active participation of
human rights nongovernmental organizations, shall promulgate the rules and regulations for the effective
implementation of tills Act. They shall also ensure the full dissemination of such rules and regulations to all
officers and members of various law enforcement agencies.

Section 25. Separability Clause. - If any provision of this Act is declared invalid or unconstitutional, the other
provisions not affected thereby shall continue to be in full force and effect.

Section 26. Repealing Clause. - All laws, decrees, executive orders or rules and regulations contrary to or
inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

Section 27. Effectivity. - This Act shall take effect fifteen (15) days after its publication in the Official Gazette
or in at least two (2) newspapers of general circulation.

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REPUBLIC ACT No. 8049 REPUBLIC ACT No. 8049 REPUBLIC ACT No. 8049 REPUBLIC ACT No. 804912

AN ACT REGULATING HAZING AND OTHER FORMS OF INITIATION RITES IN FRATERNITIES,

SORORITIES, AND OTHER ORGANIZATIONS AND PROVIDING PENALTIES THEREFOR

Section 1. Hazing, as used in this Act, is an initiation rite or practice as a prerequisite for admission into
membership in a fraternity, sorority or organization by placing the recruit, neophyte or applicant in some
embarrassing or humiliating situations such as forcing him to do menial, silly, foolish and other similar tasks or
activities or otherwise subjecting him to physical or psychological suffering or injury.

The term "organization" shall include any club or the Armed Forces of the Philippines, Philippine National Police,
Philippine Military Academy, or officer and cadet corp of the Citizen's Military Training and Citizen's Army Training.
The physical, mental and psychological testing and training procedure and practices to determine and enhance
the physical, mental and psychological fitness of prospective regular members of the Armed Forces of the
Philippines and the Philippine National Police as approved ny the Secretary of National Defense and the National
Police Commission duly recommended by the Chief of Staff, Armed Forces of the Philippines and the Director
General of the Philippine National Police shall not be considered as hazing for the purposes of this Act.

Section 2. No hazing or initiation rites in any form or manner by a fraternity, sorority or organization shall be
allowed without prior written notice to the school authorities or head of organization seven (7) days before the
conduct of such initiation. The written notice shall indicate the period of the initiation activities which shall not
exceed three (3) days, shall include the names of those to be subjected to such activities, and shall further contain
an undertaking that no physical violence be employed by anybody during such initiation rites.

Section 3. The head of the school or organization or their representatives must assign at least two (2)
representatives of the school or organization, as the case may be, to be present during the initiation. It is the duty
of such representative to see to it that no physical harm of any kind shall be inflicted upon a recruit, neophyte or
applicant.

Section 4. If the person subjected to hazing or other forms of initiation rites suffers any physical injury or dies as
a result thereof, the officers and members of the fraternity, sorority or organization who actually participated in the
infliction of physical harm shall be liable as principals. The person or persons who participated in the hazing shall
suffer:

1. The penalty of reclusion perpetua (life imprisonment) if death, rape, sodomy or mutilation results there
from.

2. The penalty of reclusion temporal in its maximum period (17 years, 4 months and 1 day to 20 years) if
in consequence of the hazing the victim shall become insane, imbecile, impotent or blind.

3. The penalty of reclusion temporal in its medium period (14 years, 8 months and one day to 17 years
and 4 months) if in consequence of the hazing the victim shall have lost the use of speech or the power to
hear or to smell, or shall have lost an eye, a hand, a foot, an arm or a leg or shall have lost the use of any
such member shall have become incapacitated for the activity or work in which he was habitually engaged.

4. The penalty of reclusion temporal in its minimum period (12 years and one day to 14 years and 8 months)
if in consequence of the hazing the victim shall become deformed or shall have lost any other part of his
body, or shall have lost the use thereof, or shall have been ill or incapacitated for the performance on the
activity or work in which he was habitually engaged for a period of more than ninety (90) days.

5. The penalty of prison mayor in its maximum period (10 years and one day to 12 years) if in consequence
of the hazing the victim shall have been ill or incapacitated for the performance on the activity or work in
which he was habitually engaged for a period of more than thirty (30) days.

6. The penalty of prison mayor in its medium period (8 years and one day to 10 years) if in consequence
of the hazing the victim shall have been ill or incapacitated for the performance on the activity or work in
which he was habitually engaged for a period of ten (10) days or more, or that the injury sustained shall
require medical assistance for the same period.

7. The penalty of prison mayor in its minimum period (6 years and one day to 8 years) if in consequence
of the hazing the victim shall have been ill or incapacitated for the performance on the activity or work in

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 which he was habitually engaged from one (1) to nine (9) days, or that the injury sustained shall require
medical assistance for the same period.

8. The penalty of prison correccional in its maximum period (4 years, 2 months and one day to 6 years) if
in consequence of the hazing the victim sustained physical injuries which do not prevent him from engaging
in his habitual activity or work nor require medical attendance.

The responsible officials of the school or of the police, military or citizen's army training organization, may impose
the appropriate administrative sanctions on the person or the persons charged under this provision even before
their conviction. The maximum penalty herein provided shall be imposed in any of the following instances:

(a) when the recruitment is accompanied by force, violence, threat, intimidation or deceit on the person of
the recruit who refuses to join;

(b) when the recruit, neophyte or applicant initially consents to join but upon learning that hazing will be
committed on his person, is prevented from quitting;

(c) when the recruit, neophyte or applicant having undergone hazing is prevented from reporting the
unlawful act to his parents or guardians, to the proper school authorities, or to the police authorities,
through force, violence, threat or intimidation;

(d) when the hazing is committed outside of the school or institution; or

(e) when the victim is below twelve (12) years of age at the time of the hazing.

The owner of the place where hazing is conducted shall be liable as an accomplice, when he has actual knowledge
of the hazing conducted therein but failed to take any action to prevent the same from occurring. If the hazing is
held in the home of one of the officers or members of the fraternity, group, or organization, the parents shall be
held liable as principals when they have actual knowledge of the hazing conducted therein but failed to take any
action to prevent the same from occurring.

The school authorities including faculty members who consent to the hazing or who have actual knowledge thereof,
but failed to take any action to prevent the same from occurring shall be punished as accomplices for the acts of
hazing committed by the perpetrators.

The officers, former officers, or alumni of the organization, group, fraternity or sorority who actually planned the
hazing although not present when the acts constituting the hazing were committed shall be liable as principals. A
fraternity or sorority's adviser who is present when the acts constituting the hazing were committed and failed to
take action to prevent the same from occurring shall be liable as principal.

The presence of any person during the hazing is prima facie evidence of participation therein as principal unless
he prevented the commission of the acts punishable herein.

Any person charged under this provision shall not be entitled to the mitigating circumstance that there was no
intention to commit so grave a wrong.

This section shall apply to the president, manager, director or other responsible officer of a corporation engaged
in hazing as a requirement for employment in the manner provided herein.

Section 5. If any provision or part of this Act is declared invalid or unconstitutional, the other parts or provisions
thereof shall remain valid and effective.

Section 6. All laws, orders, rules or regulations which are inconsistent with or contrary to the provisions of this Act
are hereby amended or repealed accordingly.

Section 7. This Act shall take effect fifteen (15) calendar days after its publication in at least two (2) national
newspapers of general circulation.

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REPUBLIC ACT No. 6235 REPUBLIC ACT No. 6235 REPUBLIC ACT No. 6235 REPUBLIC ACT No.121111

AN ACT PROHIBITING CERTAIN ACTS INIMICAL TO CIVIL AVIATION, AND FOR OTHER PURPOSES.

Section 1. It shall be unlawful for any person to compel a change in the course or destination of an aircraft of
Philippine registry, or to seize or usurp the control thereof, while it is in flight. An aircraft is in flight from the
moment all its external doors are closed following embarkation until any of such doors is opened for
disembarkation.

It shall likewise be unlawful for any person to compel an aircraft of foreign registry to land in Philippine territory
or to seize or usurp the control thereof while it is within the said territory.

Section 2. Any person violating any provision of the foregoing section shall be punished by an imprisonment
of not less than twelve years but not more than twenty years, or by a fine of not less than twenty thousand
pesos but not more than forty thousand pesos.

The penalty of imprisonment of fifteen years to death, or a fine of not less than twenty-five thousand pesos
but not more than fifty thousand pesos shall be imposed upon any person committing such violation under
any of the following circumstances:

1. Whenever he has fired upon the pilot, member of the crew or passenger of the aircraft;

2. Whenever he has exploded or attempted to explode any bomb or explosive to destroy the aircraft; or

3. Whenever the crime is accompanied by murder, homicide, serious physical injuries or rape.

Section 3. It shall be unlawful for any person, natural or juridical, to ship, load or carry in any passenger
aircraft operating as a public utility within the Philippines, and explosive, flammable, corrosive or poisonous
substance or material.

Section 4. The shipping, loading or carrying of any substance or material mentioned in the preceding section
in any cargo aircraft operating as a public utility within the Philippines shall be in accordance with regulations
issued by the Civil Aeronautics Administration.

Section 5. As used in this Act

(1) "Explosive" shall mean any substance, either solid or liquid, mixture or single compound, which by
chemical reaction liberates heat and gas at high speed and causes tremendous pressure resulting in
explosion. The term shall include but not limited to dynamites, firecrackers, blasting caps, black powders,
bursters, percussions, cartridges and other explosive materials, except bullets for firearm.

(2) "Flammable" is any substance or material that is highly combustible and self-igniting by chemical reaction
and shall include but not limited to acrolein, allene, aluminum dyethyl monochloride, and other aluminum
compounds, ammonium chlorate and other ammonium mixtures and other similar substances or materials.

(3) "Corrosive" is any substance or material, either liquid, solid or gaseous, which through chemical reaction
wears away, impairs or consumes any object. It shall include but not limited to alkaline battery fluid packed
with empty storage battery, allyl chloroformate, allytrichlorosilane, ammonium dinitro-orthocresolate and
other similar materials and substances.

(4) "Poisonous" is any substance or materials, except medicinal drug, either liquid, solid or gaseous, which
through chemical reactions kills, injuries or impairs a living organism or person, and shall include but not
limited to allyl isothiocyanate, ammunition (chemical, non-explosive but containing Class A, B or poison),
aniline oil, arsine, bromobenzyle cyanide, bromoacetone and other similar substances or materials.

Section 6. Any violation of Section three hereof shall be punishable by an imprisonment of at least five years
but not more than ten years or by a fine of not less than ten thousand pesos but not more than twenty
thousand pesos: Provided, That if the violation is committed by a juridical person, the penalty shall be
imposed upon the manager, representative, director, agent or employee who violated, or caused, directed,
cooperated or participated in the violation thereof: Provided, further, That in case the violation is committed

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in the interest of a foreign corporation legally doing business in the Philippines, the penalty shall be imposed
upon its resident agent, manager, representative or director responsible for such violation and in addition
thereto, the license of said corporation to do business in the Philippines shall be revoked.

Any violation of Section four hereof shall be an offense punishable with the minimum of the penalty provided
in the next preceding paragraph.

Section 7. For any death or injury to persons or damage to property resulting from a violation of Sections
three and four hereof, the person responsible therefor may be held liable in accordance with the applicable
provisions of the Revised Penal Code.

Section 8. Aircraft companies which operate as public utilities or operators of aircraft which are for hire are
authorized to open and investigate suspicious packages and cargoes in the presence of the owner or shipper,
or his authorized representatives if present; in order to help the authorities in the enforcement of the
provisions of this Act: Provided, That if the owner, shipper or his representative refuses to have the same
opened and inspected, the airline or air carrier is authorized to refuse the loading thereof.

Section 9. Every ticket issued to a passenger by the airline or air carrier concerned shall contain among
others the following condition printed thereon: "Holder hereof and his hand-carried luggage(s) are subject to
search for, and seizure of, prohibited materials or substances. Holder refusing to be searched shall not be
allowed to board the aircraft," which shall constitute a part of the contract between the passenger and the air
carrier.

Section 10. The Civil Aeronautics Administration is hereby directed to promulgate within one month after the
approval of this Act such regulations as are provided in Section four hereof and cause the publication of such
rules and regulations in the Official Gazette and in a newspaper of national circulation for at least once a
week for three consecutive weeks. Such regulations shall take effect fifteen days after publication in the
Official Gazette.

Section 11. This Act shall take effect after the publication mentioned in the preceding section.

Approved: June 19, 1971

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PRESIDENTIAL DECREE No. 533 August 8, 1974 PRESIDENTIAL DECREE No. 533 August 8, 197412312

THE ANTI-CATTLE RUSTLING LAW OF 1974

WHEREAS, large cattle are indispensable to the livelihood and economic growth of our people, particularly
the agricultural workers, because such large cattle are the work animals of our farmers and the source of
fresh meat and dairy products for our people, and provide raw material for our tanning and canning industries;

WHEREAS, reports from the law-enforcement agencies reveal that there is a resurgence of thievery of large
cattle, commonly known as "cattle rustling", especially in the rural areas, thereby directly prejudicing the
livelihood of the agricultural workers and adversely affecting our food production program for self-sufficiency
in rice, corn and other staple crops, as well as in fresh meat;

WHEREAS, there is an urgent need to protect large cattle raising industry and small time large cattle owners
and raisers from the nefarious activities of lawless elements in order to encourage our hardworking cattle
raisers and farmers to raise more cattle and concentrate in their agricultural works, thus increasing our source
of meat and dairy products as well as agricultural production and allied industries which depend on the cattle
raising industry;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of the Philippines, by virtue of
the powers vested in me by the Constitution and pursuant to Proclamations No. 1081, dated September 21,
1972 and No. 1104, dated January 17, 1973 and General Order No. 1 dated September 22, 1972, do hereby
order and decree as part of the law of the land, the following:

Section 1. Title. This Decree shall be known as the "Anti-Cattle Rustling Law of 1974."

Section 2. Definition of terms. The following terms shall mean and be understood to be as herein defined:

a. Large cattle as herein used shall include the cow, carabao, horse, mule, ass, or other domesticated
member of the bovine family.

b. Owner/raiser shall include the herdsman, caretaker, employee or tenant of any firm or entity engaged in
the raising of large cattle or other persons in lawful possession of such large cattle.

c. Cattle rustling is the taking away by any means, method or scheme, without the consent of the owner/raiser,
of any of the above-mentioned animals whether or not for profit or gain, or whether committed with or without
violence against or intimidation of any person or force upon things. It includes the killing of large cattle, or
taking its meat or hide without the consent of the owner/raiser.

Section 3. Duty of owner/raiser to register. The owner/raiser shall, before the large cattle belonging to him
shall attain the age of six months, register the same with the office of the city/municipal treasurer where such
large cattle are raised. The city/municipality concerned may impose and collect the fees authorized by
existing laws for such registration and the issuance of a certificate of ownership to the owner/raiser.

Section 4. Duty of city/municipal treasurers and other concerned public officers and employees. All public
officials and employees concerned with the registration of large cattle are required to observe strict adherence
with pertinent provisions of Chapter 22, Section 511 to 534, of the Revised Administrative Code, except
insofar as they may be inconsistent with the provisions of this Decree.

Section 5. Permit to buy and sell large cattle. No person, partnership, association, corporation or entity shall
engage in the business of buy and sell of large cattle without first securing a permit for the said purpose from
the Provincial Commander of the province where it shall conduct such business and the city/municipal
treasurer of the place of residence of such person, partnership, association, corporation or entity. The permit
shall only be valid in such province.

Section 6. Clearance for shipment of large cattle. Any person, partnership, association, corporation or entity
desiring to ship or transport large cattle, its hides, or meat, from one province to another shall secure a permit
for such purpose from the Provincial Commander of the province where the large cattle is registered. Before
issuance of the permit herein prescribed, the Provincial Commander shall require the submission of the
certificate of ownership as prescribed in Section 3 hereof, a certification from the Provincial Veterinarian to

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the effect that such large cattle, hides or meat are free from any disease; and such other documents or
records as may be necessary. Shipment of large cattle, its hides or meat from one city/municipality to another
within the same province may be done upon securing permit from the city/municipal treasurer of the place of
origin.

Section 7. Presumption of cattle rustling. Every person having in his possession, control or custody of large
cattle shall, upon demand by competent authorities, exhibit the documents prescribed in the preceding
sections. Failure to exhibit the required documents shall be prima facie evidence that the large cattle in his
possession, control or custody are the fruits of the crime of cattle rustling.

Section 8. Penal provisions. Any person convicted of cattle rustling as herein defined shall, irrespective of
the value of the large cattle involved, be punished by prision mayor in its maximum period to reclusion
temporal in its medium period if the offense is committed without violence against or intimidation of persons
or force upon things. If the offense is committed with violence against or intimidation of persons or force upon
things, the penalty of reclusion temporal in its maximum period to reclusion perpetua shall be imposed. If a
person is seriously injured or killed as a result or on the occasion of the commission of cattle rustling, the
penalty of reclusion perpetua to death shall be imposed.

When the offender is a government official or employee, he shall, in addition to the foregoing penalty, be
disqualified from voting or being voted upon in any election/referendum and from holding any public office or
employment.

When the offender is an alien, he shall be deported immediately upon the completion of the service of his
sentence without further proceedings.

Section 9. Rules and Regulations to be promulgated by the Chief of Constabulary. The chief of Constabulary
shall promulgate the rules and regulations for the effective implementation of this Decree.

Section 10. Repealing clause. The provisions of Articles 309 and 310 of Act No. 3815, otherwise known as
the Revised Penal Code, as amended, all laws, decrees, orders, instructions, rules and regulations which
are inconsistent with this Decree are hereby repealed or modified accordingly.

Section 11. Effectivity. This Decree shall take effect upon approval.

Done in the City of Manila, this 8th day of August, in the year of Our Lord, nineteen hundred and seventy-
four.

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