1
benefits forfeited and shall be permanently
Republic Act No. 10883
New Anti-Carnapping Act of 2016
17 July 2016 Repealed RA 6539
CARNAPPING; Penalties SECTION 3
is the taking, with intent to gain, of a
motor vehicle belonging to another without the
latter’s consent, or by means of violence against
or intimidation of persons, or by using force upon
things.
Any person who is found guilty of
carnapping shall, regardless of the value of the
motor vehicle taken, shall be punished by
imprisonment
*20y, 1d - 30y : when the carnapping is
committed without violence against or
intimidation of persons, or force upon things;
*30y – 40y : when the carnapping is committed
by means of violence against or intimidation of
persons, or force upon things;
*life imprisonment : when the owner, driver, or
occupant of the carnapped motor vehicle is killed
or raped in the commission of the carnapping.
Note: under the old carnapping law, RA
6539 or the "Anti-Carnapping Act of 1972.",
Section 14 thereof, the penalty is
14y 8m – 17y 4m : w/o use of V, I, F
17y 4m – 30y : by means of V, I, F
Life imprisonement – owner, driver or
occupant of the carnnaped vehicle is KILLED
However, in RA 7689 amending special laws,
Sec.20 it includes RAPE in the course of the
commission of the carnapping or on occasion
threreof.
If the person violating any provision of this Act is a
JURIDICAL PERSONS penalty herein provided
shall be imposed on its president, secretary, and/or
members of the board of directors or any of its
officers and employees who may have directly
participated in the violation
Any public official or employee who
directly commits the unlawful acts defined
in this Act or is
guilty of gross negligence of duty or
connives with or
permits the commission
of any of the said unlawful acts shall, in addition to
the penalty prescribed in the preceding paragraph,
be dismissed from the service, and his/her
disqualified from holding public office.
UNLAWFUL TAKING OR APODERAMIENTO
The taking of motor vehicle without the
consent of the owner, or by means of violence
against or intimidation of persons, or bu using
force upon things; (People vs Bustinera)
it is deemed COMPLETE from the moment the
offender gains possession of the thing, even if he
has no opportunity to dispose of the same. (People
vs Gawan)
INTENT TO GAIN ANIMUS LUCRANDI
-is an INTERNAL ACT, presumed from the
taking of motor vehicle.
ACTUAL GAIN IS IRRELEVANT as the important
consideration is the intent to gain.
The term GAIN is not merely limited to
pecuniary benefit but also includes the benefit
which in any other sense may be derived or
expected from the act which is performed.
Thus the mere use of the thing which was take
without the owner’s consent CONSTITUTES GAIN,
(People vs Gawan)
DEFINITION OF TERMS : SECTION 2
(a) Body building
refers to a job undertaken on a motor vehicle in
order to replace its entire body with a new body;
(b) Defacing or tampering with a serial
number
refers to the
Altering,
Changing,
Erasing,
Replacing or
Scratching
of the original factory inscribed serial number
on the motor vehicle engine, engine block or
chassis of any motor vehicle. Whenever any motor
vehicle is found to have a serial number on its
engine, engine block or chassis which is different
from that which is listed in the records of the
Bureau of Customs for motor vehicle imported into
the Philippines, that motor vehicle shall be
considered to have a defaced or tampered
serial number;
(c) Dismantling
refers to the tearing apart, piece-by-piece or
part-by-part, of a motor vehicle;
(d) Identity transfer

refers to the act of transferring the engine
number, chassis number, body tag number, plate
number, and any other identifying marks of a
motor vehicle declared as “total wreck” or is
beyond economic repair by:
concerned car insurance companies and/or
law enforcement agencies
after its involvement in a vehicular accident or
other incident and registers the same into another
factory-made body or vehicle unit, of the same
classification, type, make or model;
(e) Motor vehicle
refers to any vehicle propelled by any power
other than muscular power using the public
highways,
except:
road rollers, trolley cars, street sweepers,
sprinklers, lawn mowers, bulldozers, graders,
forklifts, amphibian trucks, and cranes if not used
on public highways; vehicles which run only on
rails or tracks; and tractors, trailers and traction
engines of all kinds used exclusively for agricultural
purposes. Trailers having any number of wheels,
when propelled or intended to be propelled by
attachment to a motor vehicle, shall be classified
as a separate motor vehicle with no power
rating;
(f) Overhauling
refers to the cleaning or repairing of the whole
engine of a motor vehicle by separating the motor
engine and its parts from the body of the motor
vehicle;
(g) Repainting
refers to changing the color of a motor vehicle by
means of painting.
There is painting whenever the new color
of a motor vehicle is different from its color
registered in the Land Transportation Office (LTO);
(h) Remodeling
refers to the introduction of some changes in
the shape or form of the body of the motor
vehicle;
(i) Second hand spare parts
refer to the parts taken from a carnapped vehicle
used in assembling another vehicle;
(j) Total wreck
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refers to the state or status of a motor vehicle
after a vehicular accident or other incident, so that
it is rendered inoperational and beyond
economic repair due to the extent of damage in
its body, chassis and engine; and
(k) Unlawful transfer or use of vehicle plates
refers to the use or transfer of a vehicle plate
issued by the LTO to a certain vehicle to another
vehicle.
It is presumed illegally transferred
when the motor vehicle plate does not
correspond with that as appearing in the
certificate of registration of the motor vehicle to
which it was issued.
PUNISHABLE ACTS -- CCD ITS
Sec. 3 Carnapping
Sec. 4 Concealment of carnapping
Sec. 14 Defacing or Tampering with Serial
Numbers of Motor Vehicle Engines, Engine Blocks
and Chassis
Sec. 15 Identity Transfer
Sec. 16 Transfer of Vehicle Plate
Sec. 17 Sale of Second hand Spare Parts
Sec. 3 Carnapping
ELEMENTS OF CARNAPPING : ABC Intent
1. that there is an ACTUAL TAKING of the vehicle;
2. that the vehicle BELONGS TO A PERSON other
than the offender himself;
3. that the taking is without the CONSENT of the
owner thereof; or that the taking was committed
by means of Violence against or Iintimidation of
persons, or by using Force upon things;
4. That the offender intends to gain from the
taking of the vehicle.
Sec. 4 Concealment of carnapping
Punished with imprisonment of 6y – 12y
and a fine equal to the amount of the acquisition
cost of the motor vehicle, motor vehicle engine, or
any other part involved in the violation.
SECTION 14. Defacing or Tampering with Serial
Numbers of Motor Vehicle Engines, Engine Blocks
and Chassis.— It shall be unlawful for any person
to deface or otherwise tamper with the original or
registered serial number of motor vehicle engines,
engine blocks and chassis.
SECTION 15. Identity Transfer.— It shall be
unlawful for any person, office or entity to cause
and/or allow the sale, registration, and/or transfer
into another name, the chassis number, engine
number and plate number of a motor vehicle
declared as “total wreck” or beyond economic

repair by concerned insurance company, and/or
law enforcement agencies, due to its involvement
in a vehicular accident or for some other causes.
The LTO shall cancel the registration of total wreck
vehicle as reported by the PNP and/or as declared
by the Insurance Commission.
SECTION 16. Transfer of Vehicle Plate.— It shall be
unlawful for any person, office or entity to transfer
or use a vehicle plate from one vehicle to another
without securing the proper authority from the
LTO.
SECTION 17. Sale of Second Hand Spare Parts.— It
shall be unlawful for any person, office or entity to
buy and/or sell any second hand spare parts taken
from a carnapped vehicle.
REGISTRATION
SECTION 5. Original Registration of Motor
Vehicles.—
Any person seeking the original
registration of a motor vehicle, whether that
motor vehicle is newly assembled or rebuilt or
acquired from a registered owner
shall apply to the Philippine National Police (PNP)
for the clearance of the motor vehicle for
registration with the LTO.
The PNP shall, upon receipt of the
application, verify if the motor vehicle or its
numbered parts are in the list of carnapped motor
vehicles or stolen motor vehicle parts. If the motor
vehicle or any of its numbered parts is not in the
list, the PNP shall forthwith issue a certificate
of clearance.
Upon presentation of the certificate of
clearance in the permanent registry of motor
vehicle engine, engine block and chassis, the LTO
shall register the motor vehicle in accordance with
existing laws, rules and regulations within twenty
(20) working days.
SECTION 6. Registration of Motor Vehicle, Motor
Vehicle Engine, Engine Block and Chassis.—
Within 1year upon approval of this Act, every
owner or possessor of unregistered motor vehicle
or parts thereof in knock down condition shall
register before the LTO the motor vehicle engine,
engine block and chassis in the name of the
possessor or in the name of the real owner who
shall be readily available to answer any claim over
the registered motor vehicle engine, engine block
and chassis.
Thereafter, all motor vehicle engines,
engine blocks and chassis not registered with the
LTO shall be considered as a carnapped
vehicle, an untaxed importation or coming
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from illegal source and shall be confiscated in
favor of the government.
SECTION 7. Permanent Registry of Motor Vehicle,
Motor Vehicle Engines, Engine Blocks and
Chassis.—
The LTO shall keep a permanent registry of motor
vehicle, motor vehicle engines, engine blocks and
chassis of all motor vehicles, specifying therein
their type, make, serial numbers and stating
therein the names and addresses of their present
and previous owners
… Moreover, it shall be unlawful for any person or
employee who willfully encodes in the registry of
motor vehicles a non-existing vehicle or without
history, new identity of already existing vehicle or
double/multiple registration (“KAMBAL”) of vehicle.
SECTION 8. Registration of Sale, Transfer,
Conveyance of a Motor Vehicle, Substitution or
Replacement of a Motor Vehicle Engine, Engine
Block or Chassis.—
Every sale, transfer, conveyance of a motor
vehicle, substitution or replacement
of a motor vehicle engine, engine block or
chassis of a motor vehicle shall be registered with
the LTO within 20 working days upon
purchase/acquisition of a motor vehicle and
substitution or replacement of a motor vehicle
engine, engine block or chassis.
A motor vehicle, motor vehicle engine, engine
block or chassis not registered with the LTO shall
be presumed as a carnapped vehicle, an untaxed
imported vehicle, or a vehicle proceeding from
illegal sources unless proven otherwise and shall
be confiscated in favor of the government.
DUTY OF IMPORTERS AND MANUFACTURERS
SECTION 10. Duty of Importers, Distributors and
Sellers of Motor Vehicles to Keep Record of Stocks.
*keep a permanent record of one’s stocks,
stating therein their type, make and serial
numbers, and the names and addresses of the
persons from whom they were acquired and the
names and addresses of the persons to whom
they are sold,
*render accurately a monthly report of his/her
transactions in motor vehicles to the LTO.
SECTION 11. Duty of Manufacturers

*shall cause the numbering of every engine block,
chassis or body manufactured in a convenient and
conspicuous part thereof
CLEARANCE WHEN REQUIRED
SECTION 12. Clearance and Permit Required for
Assembly or Rebuilding of Motor Vehicles.—
Any person who shall undertake to
assemble or rebuild or cause the assembly or
rebuilding of a motor vehicle shall first secure a
certificate of clearance from the PNP
motor vehicle engines to be mounted on motor
boats, motor bancas, water crafts and other
light water vessels, the applicant shall secure a
permit from the PNP, which office shall in turn
furnish the LTO pertinent data concerning the
motor vehicle engines including their type, make
and serial numbers.
SECTION 13. Clearance Required for Shipment of
Motor Vehicles, Motor Vehicle Engines, Engine
Blocks, Chassis or Body.
REPUBLIC ACT No. 10591
"Comprehensive Firearms and
Ammunition Regulation Act"
PD 1866, RA 8294
Section 45. Repealing Clause. –
repeals Sections 1, 2, 5 and 7 of Presidential Decree
No. 1866, as amended, and Section 6 of Republic Act
No. 8294
DEFINITION OF TERMS : SECTION 3
(a) Accessories
refer to parts of a firearm which may enhance
or increase the operational efficiency or
accuracy of a firearm but will not constitute
any of the major or minor internal parts
thereof such as, but not limited to, laser scope,
telescopic sight and sound suppressor or silencer.
(b) Ammunition
refers to a complete unfixed unit consisting of a
bullet, gunpowder, cartridge case and primer or
loaded shell for use in any firearm.
(c) Antique firearm
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refers to any:
(1) firearm which was manufactured at
least 75 years prior to the current date but not
including replicas;
(2) firearm which is certified by the
National Museum of the Philippines to be curio or
relic of museum interest; and
(3) any other firearm which derives a
substantial part of its monetary value from the fact
that it is novel, rare, bizarre or because of its
association with some historical figure, period or
event.
(d) Arms smuggling
refers to the import, export, acquisition, sale,
delivery, movement or transfer of firearms,
their parts and components and ammunition, from
or across the territory of one country to that
of another country which has not been
authorized in accordance with domestic law in
either or both country/countries.
(e) Authority to import
refers to a document issued by the Chief of the
Philippine National Police (PNP) authorizing the
importation of firearms, or their parts, ammunition
and other components.
(f) Authorized dealer
refers to any person, legal entity, corporation,
partnership or business entity duly licensed by the
Firearms and Explosive Office (FEO) of the PNP to
engage in the business of buying and selling
ammunition, firearms or parte thereof, at
wholesale or retail basis.
(g) Authorized importer
refers to any person, legal entity, corporation,
partnership or business duly licensed by the FEO of
the PNP to engage in the business of importing
ammunition and firearms, or parts thereof into the
territory of the Republic of the Philippines for
purposes of sale or distribution under the
provisions of this Act.
(h) Authorized manufacturer
refers to any person, legal entity, corporation, or
partnership duly licensed by the FEO of the PNP to
engage in the business of manufacturing firearms,
and ammunition or parts thereof for purposes of
sale or distribution.
(i) Confiscated firearm
refers to a firearm that is taken into custody by the
PNP, National Bureau of Investigation (NBI),

Philippine Drug Enforcement Agency (PDEA), and
all other law enforcement agencies by reason of
their mandate and must be necessarily reported or
turned over to the PEO of the PNP.
(j) Demilitarized firearm
refers to a firearm deliberately made incapable of
performing its main purpose of firing a projectile.
(k) Duty detail order
refers to a document issued by the juridical entity
or employer wherein the details of the disposition
of firearm is spelled-out, thus indicating the name
of the employee, the firearm information, the
specific duration and location of posting or
assignment and the authorized bonded firearm
custodian for the juridical entity to whom such
firearm is turned over after the lapse of the order.
(l) Firearm
refers to any handheld or portable weapon,
whether a small arm or light weapon, that
expels or is designed to expel a bullet, shot,
slug, missile or any projectile, which is discharged
by means of expansive force of gases from
burning gunpowder or other form of
combustion or any similar instrument or
implement. For purposes of this Act, the barrel,
frame or receiver is considered a firearm.
(m) Firearms Information Management
System (FIMS)
refers to the compilation of all data and information
on firearms ownership and disposition for record
purposes.
(n) Forfeited firearm
refers to a firearm that is subject to forfeiture by
reason of court order as accessory penalty or for
the disposition by the FEO of the PNP of firearms
considered as abandoned, surrendered, confiscated
or revoked in compliance with existing rules and
regulations.
(o) Gun club
refers to an organization duly registered with and
accredited in good standing by the FEO of the PNP
which is established for the purpose of propagating
responsible and safe gun ownership, proper
appreciation and use of firearms by its members,
for the purpose of sports and shooting competition,
self-defense and collection purposes.
(p) Gunsmith
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refers to any person, legal entity, corporation,
partnership or business duly licensed by the FEO of
the PNP to engage in the business of repairing
firearms and other weapons or constructing or
assembling firearms and weapons from finished or
manufactured parts thereof on a per order basis
and not in commercial quantities or of making
minor parts for the purpose of repairing or
assembling said firearms or weapons.
(q) Imitation firearm
refers to a replica of a firearm, or other device that
is so substantially similar in coloration and overall
appearance to an existing firearm as to lead a
reasonable person to believe that such imitation
firearm is a real firearm.
(r) Licensed citizen
refers to any Filipino who complies with the
qualifications set forth in this Act and duly issued
with a license to possess or to carry firearms
outside of the residence in accordance with this
Act.
(s) Licensed, juridical entity
refers to corporations, organizations, businesses
including security agencies and local government
units (LGUs) which are licensed to own and
possess firearms in accordance with this Act.
(t) Light weapons are:
Class-A Light weapons which refer to self-loading
pistols, rifles and carbines, submachine guns,
assault rifles and light machine guns not exceeding
caliber 7.62MM which have fully automatic mode;
and Class-B Light weapons which refer to weapons
designed for use by two (2) or more persons
serving as a crew, or rifles and machine guns
exceeding caliber 7.62MM such as heavy machine
guns, handheld underbarrel and mounted grenade
launchers, portable anti-aircraft guns, portable
anti-tank guns, recoilless rifles, portable launchers
of anti-tank missile and rocket systems, portable
launchers of anti-aircraft missile systems, and
mortars of a caliber of less than 100MM.
(u) Long certificate of registration
refers to licenses issued to government agencies or
offices or government-owned or -controlled
corporations for firearms to be used by their
officials and employees who are qualified to
possess firearms as provider in this Act, excluding
security guards.
(v) Loose firearm

refers to an
unregistered firearm,
an obliterated or altered firearm,
firearm which has been lost or stolen,
illegally manufactured firearms,
registered firearms in the possession of an
individual other than the licensee and
those with revoked licenses in accordance with
the rules and regulations.
(w) Major part or components of a firearm
refers to the barrel, slide, frame, receiver, cylinder
or the bolt assembly. The term also includes any
part or kit designed and intended for use in
converting a semi-automatic burst to a full
automatic firearm.
(x) Minor parts of a firearm
refers to the parts of the firearm other than the
major parts which are necessary to effect and
complete the action of expelling a projectile by way
of combustion, except those classified as
accessories.
(y) Permit to carry firearm outside of
residence
refers to a written authority issued to a licensed
citizen by the Chief of the PNP which entitles such
person to carry his/her registered or lawfully issued
firearm outside of the residence for the duration
and purpose specified in the authority.
(z) Permit to transport firearm
refers to a written authority issued to a licensed
citizen or entity by the Chief of the PNP or by a PNP
Regional Director which entitles such person or
entity to transport a particular firearm from and to
a specific location within the duration and purpose
in the authority.
(aa) Residence
refers to the place or places of abode of the
licensed citizen as indicated in his/her license.
(bb) Shooting range
refers to a facility established for the purpose of
firearms training and skills development, firearm
testing, as well as for sports and competition
shooting either for the exclusive use of its
members or open to the general public, duly
registered with and accredited in good standing by
the FEO of the PNP.
(cc) Short certificate of registration
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refers to a certificate issued by the FEO of the PNP
for a government official or employee who was
issued by his/her employer department, agency or
government-owned or -controlled corporation a
firearm covered by the long certificate of
registration.
(dd) Small arms
refer to firearms intended to be or primarily
designed for individual use or that which is
generally considered to mean a weapon intended
to be fired from the hand or shoulder, which are
not capable of fully automatic bursts of discharge,
such as:
(1) Handgun which is a firearm intended to be fired
from the hand, which includes:
(i) A pistol which is a hand-operated
firearm having a chamber integral with or
permanently aligned with the bore which may be
self-loading; and
(ii) Revolver which is a hand-operated
firearm with a revolving cylinder containing
chambers for individual cartridges.
(2) Rifle which is a shoulder firearm or designed to
be fired from the shoulder that can discharge a
bullet through a rifled barrel by different actions of
loading, which may be classified as lever, bolt, or
self-loading; and
(3) Shotgun which is a weapon designed, made
and intended to fire a number of ball shots or a
single projectile through a smooth bore by the
action or energy from burning gunpowder.
…
(ff) Tampered, obliterated or altered firearm
refers to any firearm whose serial number or other
identification or ballistics characteristics have been
intentionally tampered with, obliterated or altered
without authority or in order to conceal its source,
identity or ownership.
ARTICLE II
OWNERSHIP AND POSSESSION OF FIREARMS
BY INDIVIDUAL
Section 4.
In order to qualify and acquire a license to own and
possess a firearm or firearms and ammunition, the
applicant must be
1. a Filipino citizen,
2. at least 21 years old and

3. has gainful work, occupation or business or
has filed an Income Tax Return (ITR) for the
preceding year as proof of income, profession,
business or occupation.
4. In addition, the applicant shall submit the
following certification issued by appropriate
authorities attesting the following:
(a) The applicant has not been convicted
of any crime involving moral turpitude;
b) The applicant has passed the
psychiatric test administered by a PNP-
accredited psychologist or psychiatrist;
(c) The applicant has passed the drug
test conducted by an accredited and
authorized drug testing laboratory or clinic;
(d) The applicant has passed a gun
safety seminar which is administered by
the PNP or a registered and authorized gun
club;
(e) The applicant has filed in writing the
application to possess a registered
firearm which shall state the personal
circumstances of the applicant;
(f) The applicant must present a police
clearance from the city or municipality
police office; and
(g) The applicant has not been convicted
or is currently an accused in a pending
criminal case before any court of law for
a crime that is punishable with a
penalty of more than 2 years.
For purposes of this Act, an acquittal or permanent
dismissal of a criminal case before the courts of law
shall qualify the accused thereof to qualify and
acquire a license.
The applicant shall pay the reasonable licensing
fees as may be provided in the implementing rules
and regulations of this Act.
An applicant who intends to possess a firearm
owned by a juridical entity shall submit his/her
duty detail order to the FEO of the PNP.
BY A JURIDICAL PERSON
Section 5. A juridical person
maintaining its own security force may be issued a
regular license to own and possess firearms and
ammunition under the following conditions:
(a) It must be Filipino-owned and duly
registered with the SEC;
(b) It is current, operational and a continuing
concern;
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(c) It has completed and submitted all its
reportorial requirements to the SEC; and
(d) It has paid all its income taxes for the year, as
duly certified by the Bureau of Internal Revenue.
The application shall be made in the name
of the juridical person represented by its President
or any of its officers mentioned below as duly
authorized in a board resolution to that effect:
Provided, That the officer applying for the
juridical entity, shall possess all the
qualifications required of a citizen applying
for a license to possess firearms.
BY THE GOVERNMENT
All firearms owned by the National Government
shall be registered with the FEO of the PNP in the
name of the Republic of the Philippines.
exempt from all duties and taxes
For reason of national security, firearms of the
Armed Forces of the Philippines (AFP), Coast Guard
and other law enforcement agencies shall only be
reported to the FEO of the PNP.
CARRYING OF FIREARMS OUTSIDE
RESIDENCES
Section 7. A permit to carry firearms outside of
residence shall be issued by the Chief of the PNP or
his/her duly authorized representative to any
qualified person whose life is under actual
threat or his/her life is in imminent danger due
to the nature of his/her profession,
occupation or business.
It shall be the burden of the applicant to prove that
his/her life is under actual threat by submitting a
threat assessment certificate from the PNP.
Professionals are considered to be in imminent
danger due to the nature of their profession,
occupation or business:
(a) Members of the Philippine Bar;
(b) Certified Public Accountants;
(c) Accredited Media Practitioners;
(d) Cashiers, Bank Tellers;
(e) Priests, Ministers, Rabbi, Imams;
(f) Physicians and Nurses;
(g) Engineers; and
(h) Businessmen, who by the nature of their
business or undertaking, are exposed to high risk
of being targets of criminal elements.
ARTICLE III
REGISTRATION AND LICENSING
REGISTRATION refers to the application,
approval, record-keeping and monitoring of

firearms with the FEO of the PNP in accordance
with the type of license issued to any person under
Section 9 of this Act.
Section 8.
The Chief of the PNP, through the FEO of the PNP,
shall issue licenses to qualified individuals and to
cause the registration of firearms.
LICENSE CATEGORIES
Type 1 license – allows a citizen to own and
possess a maximum of two (2) registered firearms;
Type 2 license – allows a citizen to own and
possess a maximum of five (5) registered firearms;
Type 3 license – allows a citizen to own and
possess a maximum of ten (10) registered
firearms;
Type 4 license – allows a citizen to own and
possess a maximum of fifteen (15) registered
firearms; and
Type 5 license – allows a citizen, who is a certified
gun collector, to own and possess more than
fifteen (15) registered firearms.
For Types 1 to 5 licenses, a vault or a container
secured by lock and key or other security measures
for the safekeeping of firearms shall be required.
For Types 3 to 5 licenses, the citizen must comply
with the inspection and bond requirements.
FIREARMS THAT MAY BE REGISTERED.
Section 10.– Only small arms may be registered
by licensed citizens or licensed juridical entities for
ownership, possession and concealed carry.
SMALL ARMS are firearms intended primarily
designed for individual use or that which is
generally considered to mean a weapon intended
to be fired from the hand or shoulder, which are
not capable of fully automatic burst or discharge.
A light weapon shall be lawfully acquired or
possessed exclusively by the AFP, the PNP and
other law enforcement agencies authorized by the
President in the performance of their duties:
Provided, That private individuals who already have
licenses to possess Class-A light weapons upon the
effectivity of this Act shall not be deprived of the
privilege to continue possessing the same and
renewing the licenses therefor, for the sole reason
that these firearms are Class "A" light weapons,
and shall be required to comply with other
applicable provisions of this Act.
8
RENEWAL
Section 19. All types of licenses to possess a
firearm shall be renewed every 2 years.
Failure to renew the license on or before
the date of its expiration shall cause the revocation
of the license and of the registration of the
firearm/s under said licensee.
The registration of the firearm shall be renewed
every 4 years.
Failure to renew the registration of the
firearm on or before the date of expiration shall
cause the revocation of the license of the firearm.
The said firearm shall be confiscated or forfeited
in favor of the government after due process.
The failure to renew a license or
registration within the periods stated above on two
(2) occasions shall cause the holder of the
firearm to be perpetually disqualified from
applying for any firearm license. The
application for the renewal of the license or
registration may be submitted to the FEO of the
PNP, within six (6) months before the date of the
expiration of such license or registration.
ARTICLE IV
ACQUISITION, DEPOSIT OF FIREARMS,
ABANDONED, DEMILITARIZED AND ANTIQUE
FIREARMS
Firearms and ammunition may only be acquired
or purchased from authorized dealers,
importers or local manufacturers and may be
transferred or sold only from a licensed
citizen or licensed juridical entity to another
licensed citizen or licensed juridical
Provided, That, during election periods,
the sale and registration of firearms and
ammunition and the issuance of the corresponding
licenses to citizens shall be allowed on the
condition that the transport or delivery thereof
shall strictly comply with the issuances,
resolutions, rules and regulations promulgated by
the Commission on Elections.
Section 24. Any licensee may deposit a registered
firearm to the FEO of the PNP, or any Police
Regional Office for safekeeping. Reasonable fees
for storage shall be imposed.
ABANDONED FIREARMS AND AMMUNITION
Section 25.. – Any firearm or ammunition
deposited in the custody of the FEO of the
PNP pursuant to the provisions of this Act, shall be
deemed to have been abandoned by the owner
or his/her authorized representative if he/she failed
to reclaim the same within five 5 years or failed to

advise the FEO of the PNP of the disposition to be
made thereof. Thereafter, the FEO of the PNP may
dispose of the same after compliance with
established procedures.
DEATH OR DISABILITY OF LICENSEE
Section 26.. – Upon the death or legal disability of
the holder of a firearm license, it shall be the duty
of his/her next of kin, nearest relative, legal
representative, or other person who shall
knowingly come into possession of such
firearm or ammunition, to deliver the same to
the FEO of the PNP or Police Regional Office,
and such firearm or ammunition shall be retained
by the police custodian pending the issuance of a
license and its registration in accordance, with this
Act.
The failure to deliver the firearm or ammunition
within 6 months after the death or legal disability
of the licensee shall render the possessor liable
for illegal possession of the firearm.
ANTIQUE FIREARM
Section 27.– Any person who possesses an antique
firearm shall register the same and secure a
collector’s license from the FEO of the PNP. Proper
storage of antique firearm shall be strictly imposed.
Noncompliance of this provision shall be
considered as illegal possession of the
firearm as penalized in this Act.
ARTICLE V
PENAL PROVISION
PUNISHABLE ACTS
1. Section 28. Unlawful Acquisition, or
Possession of Firearms and Ammunition
2. Section 29. Use of Loose Firearm in the
Commission of a Crime
The use of a loose firearm, when inherent in the
commission of a crime punishable under the
Revised Penal Code or other special laws, shall be
considered as an aggravating circumstance
if the crime committed with the use of a
loose firearm is penalized by the law with a
maximum penalty which is lower than that
prescribed in the preceding section for illegal
possession of firearm, the penalty for illegal
possession of firearm shall be imposed in lieu of
the penalty for the crime charged
if the crime committed with the use of a
loose firearm is penalized by the law with a
maximum penalty which is equal to that imposed
9
under the preceding section for illegal possession
of firearms, the penalty of prision mayor in its
minimum period shall be imposed in addition to the
penalty for the crime punishable under the Revised
Penal Code or other special laws of which he/she is
found guilty.
If the violation of this Act is in
furtherance of, or incident to, or in connection
with the crime of
rebellion
insurrection
attempted coup d’ etat
such violation shall be absorbed as an element of
the crime of rebellion or insurrection, or attempted
coup d’ etat.
If the crime is committed by the person
without using the loose firearm, the violation of
this Act shall be considered as a distinct and
separate offense.
3. Section 31. Absence of Permit to Carry
Outside of Residence
any person who is licensed to own a
firearm but who shall carry the registered firearm
outside his/her residence without any legal
authority therefor.
4. Section 32. Unlawful Manufacture,
Importation, Sale or Disposition of Firearms
or Ammunition or Parts Thereof, Machinery,
Tool or Instrument Used or Intended to be
Used in the Manufacture of Firearms,
Ammunition or Parts Thereof.
The possession of any machinery, tool or
instrument used directly in the manufacture of
firearms, ammunition, or major parts thereof by
any person whose business, employment or
activity does not lawfully deal with the possession
of such article, shall be prima facie evidence that
such article is intended to be used in the unlawful
or illegal manufacture of firearms, ammunition or
parts thereof.
5. Section 33. Arms Smuggling.
refers to the import, export, acquisition,
sale, delivery, movement or transfer of
firearms, their parts and components and
ammunition, from or across the territory of one
country to that of another country which has
not been authorized in accordance with
domestic law in either or both country/countries.
6. Section 34. Tampering, Obliteration or
Alteration of Firearms Identification
7. Section 35. Use of an Imitation Firearm.

refers to a replica of a firearm, or other
device that is so substantially similar in coloration
and overall appearance to an existing firearm as to
lead a reasonable person to believe that such
imitation firearm is a real firearm.
An imitation firearm used in the
commission of a crime shall be considered a real
firearm as defined in this Act and the person who
committed the crime shall be punished in
accordance with this Act
8. Violation of the procedure regarding
firearms in custodia legis under Sec. 36
During the pendency of any case filed in
violation of this Act, seized firearm, ammunition, or
parts thereof, machinery, tools or instruments shall
remain in the custody of the court. If the court
decides that it has no adequate means to safely
keep the same, the court shall issue an order to
turn over to the PNP Crime Laboratory such
firearm, ammunition, or parts thereof, machinery,
tools or instruments in its custody during the
pendency of the case and to produce the same to
the court when so ordered.
No bond shall be admitted for the release
of the firearm, ammunition or parts thereof,
machinery, tool or instrument.
9. Section 38. Liability for Planting Evidence.
Any person who shall willfully and
maliciously insert; place, and/or attach,
directly or indirectly, through any overt or covert
act, any firearm, or ammunition, or parts thereof in
the person, house, effects, or in the immediate
vicinity of an innocent individual for the purpose
of implicating or incriminating the person, or
imputing the commission of any violation of the
provisions of this Act to said individual. If the
person found guilty under this paragraph is a public
officer or employee, such person shall suffer the
penalty of reclusion perpetua.
10. Section 40. Failure to Notify Lost or Stolen
Firearm or Light Weapon
imposed upon any licensed firearm holder
who fails to report to the FEO of the PNP that the
subject firearm has been lost or stolen within a
period of thirty (30) days from the date of
discovery.
Likewise, a fine of Five thousand pesos
(P5,000.00) shall be imposed upon any person
holding a valid firearm license who changes
residence or office address other than that
indicated in the license card and fails within a
period of thirty (30) days from said transfer to
notify the FEO of the PNP of such change of
address.
10
11. Section 41. Illegal Transfer/Registration
of Firearms.
It shall be unlawful to transfer possession
of any firearm to any person who has not yet
obtained or secured the necessary license or
permit thereof.
Any public officer or employee or any
person who shall facilitate the registration of a
firearm through fraud, deceit, misrepresentation or
submission of falsified documents shall suffer the
penalty of prision correccional.
GROUNDS FOR REVOCATION
Section 39.
The Chief of the PNP or his/her authorized
representative may revoke, cancel or suspend a
license or permit on the following grounds:
(a) Commission of a crime or offense involving the
firearm, ammunition, of major parts thereof;
(b) Conviction of a crime involving moral turpitude
or any offense where the penalty carries an
imprisonment of more than six (6) years;
(c) Loss of the firearm, ammunition, or any parts
thereof through negligence;
(d) Carrying of the firearm, ammunition, or major
parts thereof outside of residence or workplace
without, the proper permit to carry the same;
(e) Carrying of the firearm, ammunition, or major
parts thereof in prohibited places;
(f) Dismissal for cause from the service in case of
government official and employee;
(g) Commission of any of the acts penalized under
Republic Act No. 9165, otherwise known as the
"Comprehensive Dangerous Drugs Act of 2002″;
(h) Submission of falsified documents or
misrepresentation in the application to obtain a
license or permit;
(i) Noncompliance of reportorial requirements; and
(j) By virtue of a court order.
REPUBLIC ACT No. 10364
"Expanded Anti-Trafficking in
Persons Act of 2012″
July 23, 2012 Amended RA 9208

DEFINITION OF TERMS : SECTION 3________
(a) Trafficking in Persons
refers to the recruitment, obtaining, hiring,
providing, offering, transportation, transfer,
maintaining, harboring, or receipt of persons
with or without the victim's consent or
knowledge, within or across national borders by
means of threat, or use of force, or other forms of
coercion, abduction, fraud, deception, abuse of
power or of position, taking advantage of the
vulnerability of the person, or, the giving or
receiving of payments or benefits to achieve the
consent of a person having control over another
person for the purpose of exploitation which
includes at a minimum, the exploitation or the
prostitution of others or other forms of sexual
exploitation, forced labor or services, slavery,
servitude or the removal or sale of organs.
The recruitment, transportation, transfer,
harboring, adoption or receipt of a child for the
purpose of exploitation or when the adoption is
induced by any form of consideration for
exploitative purposes shall also be considered as
'trafficking in persons' even if it does not involve
any of the means set forth in the preceding
paragraph.
(b) Child
refers to a person below eighteen (18) years of
age or one who is over eighteen (18) but is unable
to fully take care of or protect himself/herself from
abuse, neglect, cruelty, exploitation, or
discrimination because of a physical or mental
disability or condition.
(c) Prostitution
refers to any act, transaction, scheme or design
involving the use of a person by another, for sexual
intercourse or lascivious conduct in exchange for
money, profit or any other consideration.
(d) Forced Labor
refers to the extraction of work or services from
any person by means of enticement, violence,
intimidation or threat, use of, force or coercion,
including deprivation of freedom, abuse of
authority or moral ascendancy, debt-bondage or
deception including any work or service extracted
from any person under the menace of penalty.
(e) Slavery
11
refers to the status or condition of a person over
whom any or all of the powers attaching to the
right of ownership are exercised.
(f) Involuntary Servitude
refers to a condition of enforced and compulsory
service induced by means of any scheme, plan or
pattern, intended to cause a person to believe that
if he or she did not enter into or continue in such
condition, he or she or another person would suffer
serious harm or other forms of abuse or physical
restraint, or threat of abuse or harm, or coercion
including depriving access to travel documents and
withholding salaries, or the abuse or threatened
abuse of the legal process.
(g) Sex Tourism
refers to a program organized by travel and
tourism-related establishments and individuals
which consists of tourism packages or activities,
utilizing and offering escort and sexual services as
enticement for tourists. This includes sexual
services and practices offered during rest and
recreation periods for members of the military.
(h) Sexual Exploitation
refers to participation by a person in prostitution,
pornography or the production of pornography, in
exchange for money, profit or any other
consideration or where the participation is caused
or facilitated by any means of intimidation or
threat, use of force, or other forms of coercion,
abduction, fraud, deception, debt bondage, abuse
of power or of position or of legal process, taking
advantage of the vulnerability of the person, or
giving or receiving of payments or benefits to
achieve the consent of a person having control
over another person; or in sexual intercourse or
lascivious conduct caused or facilitated by any
means as provided in this Act.
(i) Debt Bondage
refers to the pledging by the debtor of his/her
personal services or labor or those of a person
under his/her control as security or payment for a
debt, when the length and nature of services is not
clearly defined or when the value of the services as
reasonably assessed is not applied toward the
liquidation of the debt.
(j) Pornography
refers to any representation, through publication,
exhibition, cinematography, indecent shows,
information technology, or by whatever means, of
a person engaged in real or simulated explicit

sexual activities or any representation of the sexual
parts of a person for primarily sexual purposes.
(k) Council – shall mean the Inter-Agency Council
Against Trafficking created under Section 20 of this
Act."
ACTS OF TRAFFICKING IN PERSONS
SEC. 4. RA 9208 as amended – It shall be unlawful
for any person, natural or juridical, to commit any
of the following acts:
(a) To recruit, obtain, hire, provide, offer,
transport, transfer, maintain, harbor, or receive a
person by any means, including those done under
the pretext of domestic or overseas employment or
training or apprenticeship, for the purpose of
prostitution, pornography, or sexual exploitation;
(b) To introduce or match for money, profit, or
material, economic or other consideration, any
person or, as provided for under Republic Act No.
6955, any Filipino woman to a foreign national, for
marriage for the purpose of acquiring, buying,
offering, selling or trading him/her to engage in
prostitution, pornography, sexual exploitation,
forced labor, slavery, involuntary servitude or debt
bondage;
(c) To offer or contract marriage, real or simulated,
for the purpose of acquiring, buying, offering,
selling, or trading them to engage in prostitution,
pornography, sexual exploitation, forced labor or
slavery, involuntary servitude or debt bondage;
(d) To undertake or organize tours and travel plans
consisting of tourism packages or activities for the
purpose of utilizing and offering persons for
prostitution, pornography or sexual exploitation;
(e) To maintain or hire a person to engage in
prostitution or pornography;
(f) To adopt persons by any form of consideration
for exploitative purposes or to facilitate the same
for purposes of prostitution, pornography, sexual
exploitation, forced labor, slavery, involuntary
servitude or debt bondage;
(g) To adopt or facilitate the adoption of persons
for the purpose of prostitution, pornography,
sexual exploitation, forced labor, slavery,
involuntary servitude or debt bondage;
(h) To recruit, hire, adopt, transport, transfer,
obtain, harbor, maintain, provide, offer, receive or
abduct a person, by means of threat or use of
force, fraud, deceit, violence, coercion, or
intimidation for the purpose of removal or sale of
organs of said person;
12
(i) To recruit, transport, obtain, transfer, harbor,
maintain, offer, hire, provide, receive or adopt a
child to engage in armed activities in the
Philippines or abroad;
(j) To recruit, transport, transfer, harbor, obtain,
maintain, offer, hire, provide or receive a person
by means defined in Section 3 of this Act for
purposes of forced labor, slavery, debt bondage
and involuntary servitude, including a scheme,
plan, or pattern intended to cause the person
either:
(1) To believe that if the person did not
perform such labor or services, he or she or
another person would suffer serious harm or
physical restraint; or
(2) To abuse or threaten the use of law or
the legal processes; and
(k) To recruit, transport, harbor, obtain, transfer,
maintain, hire, offer, provide, adopt or receive a
child for purposes of exploitation or trading them,
including but not limited to, the act of baring
and/or selling a child for any consideration or for
barter for purposes of exploitation. Trafficking for
purposes of exploitation of children shall include:
(1) All forms of slavery or practices similar
to slavery, involuntary servitude, debt bondage
and forced labor, including recruitment of children
for use in armed conflict;
(2) The use, procuring or offering of a child
for prostitution, for the production of pornography,
or for pornographic performances;
(3) The use, procuring or offering of a child
for the production and trafficking of drugs; and
(4) The use, procuring or offering of a child
for illegal activities or work which, by its nature or
the circumstances in which it is carried out, is likely
to harm their health, safety or morals; and
(l) To organize or direct other persons to commit
the offenses defined as acts of trafficking under
this Act."
ATTEMPTED TRAFFICKING IN PERSONS
SEC. 4-A. RA 9208 as amended.
Attempted Trafficking in Persons. – Where
there are acts to initiate the commission of a
trafficking offense but the offender failed to or did
not execute all the elements of the crime, by
accident or by reason of some cause other
than voluntary desistance, such overt acts shall
be deemed as an attempt to commit an act of
trafficking in persons. As such, an attempt to
commit any of the offenses enumerated in Section
4 of this Act shall constitute attempted trafficking
in persons.
 13

In cases where the victim is a child, any of the Acts defined in this provision shall be
following acts shall also be deemed as attempted punished in accordance with the provision of
trafficking in persons: Section 10(d) as stated thereto.

(a) Facilitating the travel of a child who travels

alone to a foreign country or territory without valid
reason therefor and without the required clearance
or permit from the Department of Social Welfare
and Development, or a written permit or
justification from the child's parent or legal
guardian;
***(d) Any person who violates Section 7
hereof shall suffer the penalty of
imprisonment of six (6) years and a fine of
not less than Five hundred thousand pesos
(P500,000.00) but not more than One
million pesos (P1,000,000.00);

(b) Executing, for a consideration, an affidavit of

ACTS THAT PROMOTE TRAFFICKING IN
consent or a written consent for adoption;
PERSONS
(c) Recruiting a woman to bear a child for the
purpose of selling the child; SEC. 5 RA 9208 as amended

(d) Simulating a birth for the purpose of selling the (a) xxx
child; and
To knowingly lease or sublease, use or
(e) Soliciting a child and acquiring the custody allow to be used any house, building or
thereof through any means from among hospitals, establishment for the purpose of promoting
clinics, nurseries, daycare centers, refugee or trafficking in persons;
evacuation centers, and low-income families, for
the purpose of selling the child.
(b) To produce, print and issue or distribute
SEC. 4-B. Accomplice Liability. – Whoever unissued, tampered or fake counseling certificates,
knowingly aids, abets, cooperates in the execution registration stickers, overseas employment
of the offense by previous or simultaneous acts certificates or other certificates of any government
defined in this Act shall be punished in accordance agency which issues these certificates, decals and
with the provisions of Section 10(c) of this Act." such other markers as proof of compliance with
government regulatory and pre-departure
***(c) Any person found guilty of requirements for the purpose of promoting
qualified trafficking under Section 6 shall trafficking in persons;
suffer the penalty of life imprisonment and
a fine of not less than Two million pesos (c) xxx
(P2,000,000.00) but not more than Five
million pesos (P5,000,000.00); To advertise, publish, print, broadcast or
distribute, or cause the advertisement,
SEC. 7. RA 10364. A new Section 4-C is hereby publication, printing, broadcasting or
inserted in Republic Act No. 9208, to read as distribution by any means, including the
follows: use of information technology and the
SEC. 4-C. Accessories. – Whoever has the internet, of any brochure, flyer, or any
knowledge of the commission of the crime, and propaganda material that promotes
without having participated therein, either as trafficking in persons;
principal or as accomplices, take part in its
commission in any of the following manners: (d) xxx

(a) By profiting themselves or assisting the

To assist in the conduct of
offender to profit by the effects of the crime;
misrepresentation or fraud for purposes of
(b) By concealing or destroying the body of the
facilitating the acquisition of clearances and
crime or effects or instruments thereof, in order to
necessary exit documents from
prevent its discovery;
government agencies that are mandated to
provide pre-departure registration and
(c) By harboring, concealing or assisting in the
services for departing persons for the
escape of the principal of the crime, provided the
purpose of promoting trafficking in
accessory acts with abuse of his or her public
persons;
functions or is known to be habitually guilty of
some other crime.
(e) xxx

To facilitate, assist or help in the exit and
entry of persons from/to the country at
international and local airports, territorial
boundaries and seaports who are in
possession of unissued, tampered or
fraudulent travel documents for the
purpose of promoting trafficking in
persons;
(f) xxx
To confiscate, conceal, or destroy the
passport, travel documents, or personal
documents or belongings of trafficked
persons in furtherance of trafficking or to
prevent them from leaving the country or
seeking redress from the government or
appropriate agencies; and
(g) xxx
To knowingly benefit from, financial or
otherwise, or make use of, the labor or
services of a person held to a condition of
involuntary servitude, forced labor, or
slavery.
(h) To tamper with, destroy, or cause the
destruction of evidence, or to influence or attempt
to influence witnesses, in an investigation or
prosecution of a case under this Act;
(i) To destroy, conceal, remove, confiscate or
possess, or attempt to destroy, conceal, remove,
confiscate or possess, any actual or purported
passport or other travel, immigration or working
permit or document, or any other actual or
purported government identification, of any person
in order to prevent or restrict, or attempt to
prevent or restrict, without lawful authority, the
person's liberty to move or travel in order to
maintain the labor or services of that person; or
(j) To utilize his or her office to impede the
investigation, prosecution or execution of lawful
orders in a case under this Act."
QUALIFIED TRAFFICKING
SEC. 6 RA 9208 as amended
Qualified Trafficking in Persons. – Violations of
Section 4 of this Act shall be considered as
qualified trafficking:
(a) When the trafficked person is a child;
(b) When the adoption is effected through
Republic Act No. 8043, otherwise known as
14
the "Inter-Country Adoption Act of 1995"
and said adoption is for the purpose of
prostitution, pornography, sexual
exploitation, forced labor, slavery,
involuntary servitude or debt bondage;
(c) When the crime is committed by a
syndicate, or in large scale. Trafficking is
deemed committed by a syndicate if
carried out by a group of three (3) or more
persons conspiring or confederating with
one another. It is deemed committed in
large scale if committed against three (3)
or more persons, individually or as a
group;
(d) When the offender is a spouse, an ascendant,
parent, sibling, guardian or a person who exercises
authority over the trafficked person or when the
offense is committed by a public officer or
employee;
(e) When the trafficked person is recruited
to engage in prostitution with any member
of the military or law enforcement
agencies;
(f) When the offender is a member of the military
or law enforcement agencies;
(g) When by reason or on occasion of the act of
trafficking in persons, the offended party dies,
becomes insane, suffers mutilation or is afflicted
with Human Immunodeficiency Virus (HIV) or the
Acquired Immune Deficiency Syndrome (AIDS);
(h) When the offender commits one or more
violations of Section 4 over a period of sixty (60)
or more days, whether those days are continuous
or not; and
(i) When the offender directs or through another
manages the trafficking victim in carrying out the
exploitative purpose of trafficking."
INITIATION AND PROSECUTION OF THE CASE
Sec. 8 RA 9208 as amended
(a) Initiation of Investigation. – Law enforcement
agencies are mandated to immediately initiate
investigation and counter-trafficking-intelligence
gathering upon receipt of statements or affidavit
from victims of trafficking, migrant workers, or
their families who are in possession of knowledge
or information about trafficking in persons cases.
(b) Prosecution of Cases. – Any person who has
personal knowledge of the commission of any
offense under this Act, such as the trafficked
person, the parents, spouse, siblings, children or
legal guardian may file a complaint for trafficking.

PERSONS LIABLE UNDER THIS ACT
1. Any person, natural or juridical, who commits
any of the punishable acts of trafficking;
2. Any person who promote or facilitate the acts of
trafficking;
3. SEC. 11. Use of Trafficked Persons. – Any
person who buys or engages the services of a
trafficked person for prostitution shall be penalized
(c) Public Official. – If the offender is a
public official, he or she shall be dismissed from
service and shall suffer perpetual absolute
disqualification to hold public, office, in addition to
any imprisonment or fine received pursuant to any
other provision of this Act."
Trafficked persons are not penalized
The trafficked persons shall be recognized as
victims of the act of trafficking and as such shall
not be penalized for crimes directly related to the
acts of trafficking enumerated in this Act or in
obedience to the order made by the trafficker in
relation thereto (Sec. 17, RA 9208, as amended)
PRESCRIPTIVE PERIOD
SEC. 12. Prescriptive Period. – Trafficking cases
under this Act shall prescribe in 10 years:
trafficking cases committed by a syndicate or in a
large scale as defined under Section 6, or against a
child, shall prescribe in 20 years.
The prescriptive period shall commence to run from
the day on which the trafficked person is delivered
or released from the conditions of bondage, or in
the case of a child victim, from the day the child
reaches the age of majority, and shall be
interrupted by the filing of the complaint or
information and shall commence to run again when
the proceedings terminate without the accused
being convicted or acquitted or are unjustifiably
stopped for any reason not imputable to the
accused.
------------
A new Section 17-A is hereby inserted into
Republic Act No. 9208, to read as follows:
SEC. 17-A. TEMPORARY CUSTODY OF
TRAFFICKED VICTIMS. – The rescue of victims
should be done as much as possible with the
assistance of the DSWD or an accredited NGO that
services trafficked victims. A law enforcement
officer, on a reasonable suspicion that a person is a
victim of any offense defined under this Act
including attempted trafficking, shall immediately
place that person in the temporary custody of the
local social welfare and development office, or any
15
accredited or licensed shelter institution devoted to
protecting trafficked persons after the rescue.
-------------
A new Section 17-B is hereby inserted into
Republic Act No. 9208, to read as follows:
SEC. 17-B. IRRELEVANCE OF PAST SEXUAL
BEHAVIOR, OPINION THEREOF OR
REPUTATION OF VICTIMS AND OF CONSENT
OF VICTIMS IN CASES OF DECEPTION,
COERCION AND OTHER PROHIBITED MEANS.
– The past sexual behavior or the sexual
predisposition of a trafficked person shall be
considered inadmissible in evidence for the purpose
of proving consent of the victim to engage in
sexual behavior, or to prove the predisposition,
sexual or otherwise, of a trafficked person.
Furthermore, the consent of a victim of trafficking
to the intended exploitation shall be irrelevant
where any of the means set forth in Section 3(a) of
this Act has been used.
---------------
A new Section 26-A is hereby inserted into
Republic Act No. 9208, to read as follows:
SEC.26-A.EXTRA-TERRITORIAL
JURISDICTION. – The State shall exercise
jurisdiction over any act defined and penalized
under this Act, even if committed outside the
Philippines and whether or not such act or acts
constitute an offense at the place of commission,
the crime being a continuing offense, having been
commenced in the Philippines and other elements
having been committed in another country, if the
suspect or accused:
(a) Is a Filipino citizen; or
(b) Is a permanent resident of the
Philippines; or
(c) Has committed the act against a citizen
of the Philippines.
No prosecution may be commenced against
a person under this section if a foreign
government, in accordance with jurisdiction
recognized by the Philippines, has prosecuted or is
prosecuting such person for the conduct
constituting such offense, except upon the
approval of the Secretary of Justice.
The government may surrender or
extradite persons accused of trafficking in the
Philippines to the appropriate international court if
any, or to another State pursuant to the applicable
extradition laws and treaties."
------------
SEC. 32. Repealing Clause. – Article 202 of the
Revised Penal Code, as amended, and all laws,

acts, presidential decrees, executive orders,
administrative orders, rules and regulations
inconsistent with or contrary to the provisions of
this Act are deemed amended, modified or
repealed accordingly: Provided, That this Act shall
not in any way amend or repeal the provisions of
Republic Act No. 7610, otherwise known as the
'Special Protection of Child Against Child Abuse,
Exploitation and Discrimination Act.'
REPUBLIC ACT No. 8049
"ANTI-HAZING LAW″
June 7, 1995
HAZING
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
similar tasks or activities or otherwise subjecting
him to physical or psychological suffering or
injury. SEC. 1
INITIATION RITE
: a process of being formally accepted as a
member of a group or organization; a ceremony or
series of actions that makes a person a member of
a group or organization
FRATERNITY/SORORITY
: a group of people associated or formally
organized for a common purpose or interest having
secret rites and a name consisting of Greek letters.
ORGANIZATION shall include any club or the
Armed Forces of the Philippines,
Philippine National police,
Philippine Military Academy,
or officer and cadet of the Citizen’s Military
Training, or Citizen’s Army training.
The physical, mental and psychological testing
and training procedure and practices to
determine and enhance the physical, mental and
psychological fitness of prospective regular
members of the Armed Forces of the Philippines,
and the Philippine National Police as approved by
the Secretary of National defense and the 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
purpose of this Act. SEC. 1, Par. 2
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NATURE OF THE VIOLATION
In relation to the RPC, penal provisions of
the hazing law were lifted almost verbatim from
Arts. 263 to 266 (physical injuries). The
nomenclature of penalties under RPC was adopted
and the penalties imposed therein were two
degrees higher than those provided in the RPC.
The persons criminally liable are
PRINCIPALS and ACCESSORIES; modifying
circumstances are made by law to be applicable.
Hazing may not really be prohibited
but the act of inflicting injury is always evil
per se. However, People vs CA, GR no. 154954,
feb. 2012 held that violation of the law is malum
prohibitum because the intent of the law was to
discourage members from making hazing a
requirement for joining fraternity, sorority,
organization, or association. Moreover, the law
was meant to counteract the exculpatory
implications of “consent” and “initial innocent act”
in the conduct of initiation rites by making the
mere fact of hazing punishable or mala
prohibita.
ALLOWABLE HAZING
Hazing is not entirely prohibited; it may be
llowed subject to compliance with the requirements
laid down by law.
Hazing is allowed when:
1. Those conducted by “organizations” which shall
include any club or the Armed Forces of the
Philippines, Philippine National police, Philippine
Military Academy, or officer and cadet of the
Citizen’s Military Training, or Citizen’s Army
training. The physical, mental and
psychological testing and training procedure
and practices to determine and enhance the
physical, mental and psychological fitness of
prospective regular members of the Armed Forces
of the Philippines, and the Philippine National Police
as approved by the Secretary of National defense
and the Police Commission duly recommended by
the Chief of Staff, Armed Forces of the Philippines
and the Director General of the Philippine National
Police
2. Those conducted by any fraternity, sorority or
organization with prior written notice to the school
authorities or head of organization 7 days before
the conduct of such initiation.
The written notice shall indicate:
(a) period of the initiation activities which shall not
exceed 3 days

(b) it shall include the names of those to be
subjected to such activities
(c) shall further contain an undertaking that no
physical violence be employed by anybody during
such initiation rites.
PERSONS LIABLE
PRINCIPAL OFFENDERS
1. Officers and members who ACTUALLY
PARTICIPATED in inflicting physical harm shall be
liable for death of or injury to the victim;
2. PARENTS of the officers/members who have
actual knowledge of hazing conducted in their
home and failed to take action to prevent the
violation;
3. Officers, former officers, or alumni of the
organization WHO ACTUALLY PLANNED the hazing
although not present at the time;
The presence of any person during the
hazing is prima facie evidence of participation
therein as principal unless he prevented the
commission of the punishable acts.
4. Those who, KNOWINGLY COOPERATED in
carrying out the hazing by inducing the victim to
be present thereat;
5. The organization’s adviser who is present when
the prohibited acts were committed and failed to
take any action to prevent the same.
ACCOMPLICES
1. The owner of the place who has actual
knowledge of hazing conducted therein but failed
to take any action to prevent the same.
2. School authorities/faculty who consent or have
actual knowledge of the prohibited activities, but
failed to take any action to prevent these.
AGGRAVATING CIRCUMSTANCES
The MAXIMUM PENALTY shall be imposed in any of
the following instances:
1. when the recruitment is accompanied by
FORCE, VIOLENCE, THREAT, INTIMIDATION
OR DECEIT on the person of the recruit who
refuses to join;
2. 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;
17
3. 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;
4. when the hazing is committed OUTSIDE the
school or institution; or
5. when the victim BELOW 12 years of age at the
time of the Hazing.
NOTE: accused shall not be entitled to
the mitigating circumstance that there was NO
INTENT TO COMMIT SO GRAVE A WRONG (PAETER
INTENTIONEM)
NOTE: Section 4 shall apply to the
president, manager, director or other responsible
officer of a corporation engaged in hazing as
requirement for employment in the manner
provided herein
REPUBLIC ACT No. 9995
"Anti-Photo and Video Voyeurism
Act of 2009"
Feb. 10, 2010
SEC. 2 STATE POLICY
The State values the dignity and privacy of
every human person and guarantees full respect
for human rights. Toward this end, the State shall
penalize acts that would destroy the honor, dignity
and integrity of a person.
DEFINITION OF TERMS - SECTION 3
(a) "Broadcast"
means to make public, by any means, a visual
image with the intent that it be viewed by a person
or persons.
(b) "Capture"
with respect to an image, means to videotape,
photograph, film, record by any means, or
broadcast.
(c) "Female breast"
means any portion of the female breast.
(d) "Photo or video voyeurism"

means the act of taking photo or video
coverage of a person or group of persons
performing sexual act or any similar activity or
of capturing an image of the private area of a
person or persons without the latter's
consent, under circumstances in which such
person/s has/have a reasonable expectation of
privacy,
or the act of selling, copying, reproducing,
broadcasting, sharing, showing or exhibiting the
photo or video coverage or recordings of such
sexual act or similar activity through VCD/DVD,
internet, cellular phones and similar means or
device without the written consent of the person/s
involved, notwithstanding that consent to
record or take photo or video coverage of
same was given by such persons.
(e) "Private area of a person"
means the naked or undergarment clad genitals,
public area, buttocks or female breast of an
individual.
(f) "Under circumstances in which a person
has a reasonable expectation of privacy"
means believe that he/she could disrobe in privacy,
without being concerned that an image or a private
area of the person was being captured; or
circumstances in which a reasonable person would
believe that a private area of the person would not
be visible to the public, regardless of whether that
person is in a public or private place.
ACTS : SECTION 4
(a) To take photo or video coverage of a person or
group of persons performing sexual act or any
similar activity or to capture an image of the
private area of a person/s such as the naked or
undergarment clad genitals, public area, buttocks
or female breast without the consent of the
person/s involved and under circumstances in
which the person/s has/have a reasonable
expectation of privacy;
(b) To copy or reproduce, or to cause to be copied
or reproduced, such photo or video or recording of
sexual act or any similar activity with or without
consideration;
(c) To sell or distribute, or cause to be sold or
distributed, such photo or video or recording of
sexual act, whether it be the original copy or
reproduction thereof; or
(d) To publish or broadcast, or cause to be
published or broadcast, whether in print or
broadcast media, or show or exhibit the photo or
video coverage or recordings of such sexual act or
18
any similar activity through VCD/DVD, internet,
cellular phones and other similar means or device.
The prohibition under paragraphs (b), (c)
and (d) shall apply notwithstanding that consent to
record or take photo or video coverage of the same
was given by such person/s.
PENALTY : SECTION 5
Imprisonment of 3y – 7y shall be imposed upon
any person found guilty of violating Section 4 of
this Act.
JURIDICAL PERSON, its license or franchise
shall be automatically be deemed revoked and
the persons liable shall be the officers thereof
including the editor and reporter in the case of
print media, and the station manager, editor and
broadcaster in the case of a broadcast media.
If the offender is a PUBLIC OFFICER OR
EMPLOYEE, OR A PROFESSIONAL, he/she shall
be administratively liable.
If the offender is an alien, he/she shall be subject
to deportation proceedings after serving his/her
sentence and payment of fines.
EXEMPTION : SECTION 6
ANY PEACE OFFICER, who is authorized by a
written order of the court, to use the record or
any copy thereof as evidence in any civil,
criminal investigation or trial of the crime of photo
or video voyeurism:
Provided, That such written order shall
only be issued or granted upon written application
and the examination under oath or affirmation of
the applicant and the witnesses he/she may
produce, and upon showing that there are
reasonable grounds to believe that photo or
video voyeurism has been committed or is
about to be committed, and that the evidence to
be obtained is essential to the conviction of
any person for, or to the solution or prevention of
such, crime.
INADMISIBILITY OF EVIDENCE : SECTION 7
Any record, photo or video, or copy thereof,
obtained or secured by any person in violation of
the preceding sections shall not be admissible in
evidence in any judicial, quasi-judicial, legislative
or administrative hearing or investigation.
REPUBLIC ACT No. 9775
"Anti-Child Pornography Act of
2009”

DEFINITION OF TERMS : SECTION 3
(a) "Child"
refers to a person below eighteen (18) years of age
or over, but is unable to fully take care of
himself/herself from abuse, neglect, cruelty,
exploitation or discrimination because of a physical
or mental disability or condition.
For the purpose of this Act, a child shall
also refer to:
(1) a person regardless of age who is
presented, depicted or portrayed as a child
as defined herein; and
(2) computer-generated, digitally or
manually crafted images or graphics of a
person who is represented or who is made
to appear to be a child as defined herein.
(b) "Child pornography"
refers to any representation, whether visual, audio,
or written combination thereof, by electronic,
mechanical, digital, optical, magnetic or any other
means, of child engaged or involved in real or
simulated explicit sexual activities.
(c) "Explicit Sexual Activity"
includes actual or simulated -
(1) As to form:
(i) sexual intercourse or lascivious act
including, but not limited to, contact involving
genital to genital, oral to genital, anal to genital, or
oral to anal, whether between persons of the same
or opposite sex;
(2) bestiality;
(3) masturbation;
(4) sadistic or masochistic abuse;
(5) lascivious exhibition of the genitals,
buttocks, breasts, pubic area and/or anus; or
(6) use of any object or instrument for
lascivious acts
(d) "Internet address"
refers to a website, bulletin board service, internet
chat room or news group, or any other internet or
shared network protocol address.
(e) "Internet cafe or kiosk"
refers to an establishment that offers or proposes
to offer services to the public for the use of its
computer/s or computer system for the purpose of
accessing the internet, computer games or related
services.
19
(f) "Internet content host"
refers to a person who hosts or who proposes to
host internet content in the Philippines.
(g) "Internet service provider (ISP)"
refers to a person or entity that supplies or
proposes to supply, an internet carriage service to
the public.
(h) "Grooming"
refers to the act of preparing a child or someone
who the offender believes to be a child for sexual
activity or sexual relationship by communicating
any form of child pornography. It includes online
enticement or enticement through any other
means.
(i) "Luring"
refers to the act of communicating, by means of a
computer system, with a child or someone who the
offender believes to be a child for the purpose of
facilitating the commission of sexual activity or
production of any form of child pornography.(2)
Bestiality;
(j) "Pandering"
refers to the act of offering, advertising,
promoting, representing or distributing through
any means any material or purported material that
is intended to cause another to believe that the
material or purported material contains any form of
child pornography, regardless of the actual content
of the material or purported material.
(k) "Person" -- refers to any natural or juridical
entity.
PROHIBITED ACTS : SECTION 4
1. To hire, employ, use, persuade, induce or coerce
a child to perform in the creation or production of
any form of child pornography;
2. To produce, direct, manufacture or create any
form of child pornography;
3. To publish offer, transmit, sell, distribute,
broadcast, advertise, promote, export or import
any form of child pornography;
4. To possess any form of child pornography with
the intent to sell, distribute, publish, or broadcast:
Provided. That possession of three (3) or more
articles of child pornography of the same form shall
be prima facie evidence of the intent to sell,
distribute, publish or broadcast;

5. To knowingly, willfully and intentionally provide
a venue for the commission of prohibited acts as,
but not limited to, dens, private rooms, cubicles,
cinemas, houses or in establishments purporting to
be a legitimate business;
6. For film distributors, theaters and
telecommunication companies, by themselves or in
cooperation with other entities, to distribute any
form of child pornography;
7. For a parent, legal guardian or person having
custody or control of a child to knowingly permit
the child to engage, participate or assist in any
form of child pornography;
8. To engage in the luring or grooming of a child;
9. To engage in pandering of any form of child
pornography;
10. To willfully access any form of child
pornography;
11. To conspire to commit any of the prohibited
acts stated in this section. Conspiracy to commit
any form of child pornography shall be committed
when two (2) or more persons come to an
agreement concerning the commission of any of
the said prohibited acts and decide to commit it;
and
12. To possess any form of child pornography.
SYNDICATED CHILD PORNOGRAPHY
SECTION 5
The crime of child pornography is deemed
committed by a syndicate if carried out by a group
of three (3) or more persons conspiring or
confederating with one another
WHO MAY FILE A COMPLAINT
(a) Offended party;
(b) Parents or guardians;
(c) Ascendant or collateral relative within the third
degree of consanguinity;
(d) Officer, social worker or representative of a
licensed child-caring institution;
(e) Officer or social worker of the Department of
Social Welfare and Development (DSWD);
(f) Local social welfare development officer;
(g) Barangay chairman;
(h) Any law enforcement officer;
(i) At least three (3) concerned responsible citizens
residing in the place where the violation occurred;
or
20
(j) Any person who has personal knowledge of the
circumstances of the commission of any offense
under this Act.
CARE, CUSTODY AND TREATMENT OF A CHILD
VICTIM
The DSWD shall ensure that the child who
is a victim of any form of child pornography is
provided appropriate care, custody and
support for their recovery and reintegration
The child and his family shall be entitled to
protection as well as to the rights and
benefits of witnesses under Republic Act No.
6981
AGGRAVATING CIRCUMSTANCES
1. If the offender is a parent, ascendant, guardian,
step-parent or collateral relative within the third
degree of consanguinity or affinity or any person
having control or moral ascendancy over the child,
the penalty provided herein shall be in its maximum
duration
2. If the offender is a public officer or employee.
MANDATORY SERVICES TO VICTIMS OF CHILD
PORNOGRAPHY
ensure recovery, rehabilitation and
reintegration into the mainstream of society
(a) Emergency shelter or appropriate
housing;
(b) Counseling;
(c) Free legal services, which shall include
information about the victim's rights and the
procedure for filing of complaints, claims for
compensation and such other legal remedies
available to them in a language understood
by the child;
(d) Medical or psychological services;
(e) Livelihood and skills training; and
(f) Educational assistance.
PROGRAMS FOR VICTIMS OF CHILD
PORNOGRAPHY
Inter-Agency Council Against Child
Pornography created under Section 20 of this Act
shall develop and implement the necessary
programs that will prevent any form of child
pornography, as well as protect, heal and
reintegrate the child into the mainstream of
society. Such programs shall include beat but not
limited to the following:
 21

(a) Provision of mandatory services including

counseling free legal services, medical or
psychological services, livelihood and skills
training and educational assistance to the
child pursuant to Section 18 of this Act;

(b) Sponsorship of a national research

program on any form of child pornography
and other acts covered by the law and the
establishment of a data collection system for
monitoring and evaluation purposes;

(c) Provision of necessary technical and

material support services to appropriate
government agencies and nongovernmental
organizations:

(d) Sponsorship of conferences and seminars

to provide venue for consensus building
amongst the public, the academe ,
government, nongovernmental and
international organizations and

(e) Promotion of information and education

campaign.

CHILD PORNOGRAPHY AS A TRANSNATIONAL

CRIME : SECTION 22

Pursuant to the Convention on

transnational Organized Crime, the DOJ may
execute the request of a foreign state for
assistance in the investigation or prosecution
of any form of child pornography by:

(1) conducting a preliminary investigation against

the offender and, if appropriate, to file the
necessary charges in court;

(2) giving information needed by the foreign state;

and

(3) to apply for an order of forfeiture of any

proceeds or monetary instrument or properly
located in the Philippines used in connection with
child pornography in the court; Provided, That if
the DOJ refuses to act on the request of for
delaying the execution thereof: Provided, further,
That the principles of mutuality and reciprocity
shall, for this purpose, be at all times recognized

*The Revised penal Code shall be suppletorily

applicable to this Act.