AN ACT PROVIDING FOR A NATIONAL COMPETITION POLICY PROHIBITING (a) Acquisition refers to the purchase of securities or assets, through
to the purchase of securities or assets, through contract or other means, for the
ANTI-COMPETITIVE AGREEMENTS, ABUSE OF DOMINANT POSITION AND ANTI-
COMPETITIVE MERGERS AND ACQUISITIONS, ESTABLISHING THE PHILIPPINE
COMPETITION COMMISSION AND APPROPRIATING FUNDS THEREFOR
CHAPTER I
GENERAL PROVISIONS
SECTION 1. Short Title. – This Act shall be known as the ”Philippine Competition Act”.
SEC. 2. Declaration of Policy. – The efficiency of market competition as a mechanism for allocating
goods and services is a general accepted precept. The State recognizes that past measures undertaken to
liberalize key sectors in the economy need to be reinforced by measures that safeguard competitive
conditions, The State also recognizes that the provision of equal opportunities to all promotes
entrepreneurial spirit, encourages private investments, facilitates technology development and transfer
and enhances resource productivity. Unencumbered market competition also serves the interest of
consumers by allowing them to exercise their right of choice over goods and services offered in the
market.
Pursuant to the constitutional goals for the national economy to attain a more equitable distribution of
opportunities, income, and wealth; a sustained increase in the amount of goods and services produced
by the nation for the benefit of the people, and an expanding productivity as the key to raising the
quality of life for all, especially the underprivileged and the constitutional mandate that the State shall
regulate or prohibit monopolies when the public interest so requires and that no combinations in
restraint of trade or unfair competition shall be allowed, the State shall:
(a) Enhance economic efficiency and promote free and fair competition in trade, industry and all
commercial economic activities, as well as establish a National Competition Policy to be implemented
by the Government of the Republic of the Philippines and all of its agencies as a whole;
(b) Prevent economic concentration which will control the production, distribution, trade, or industry
that will unduly stifle competition, lessen, manipulate or constrict the discipline of free markets; and
(c) Penalize all forms of anti-competitive agreements, abuse of dominant position and anti-competitive
mergers and acquisitions, with the objective of protecting consumer welfare and advancing domestic
and international trade and economic development.
SEC. 3. Scope and Application. – This Act shall be enforceable against any person or entity engaged
in any trade, industry and commerce in the Republic of the Philippines. It shall likewise be applicable to
international trade having direct, substantial, and reasonably foreseeable effects in the trade, industry, or
commerce in the Republic of the Philippines, including those that result from acts done outside the
Republic of the Philippines.
This Act shall not apply to the combinations or activities of workers or employees nor to agreements or
arrangements with their employers when such combinations, activities, agreements, or arrangements are
designated solely to facilitate collective bargaining in a respect of conditions of employment.
SEC. 4. Definition of Terms. – As used in this Act:
purpose of obtaining control by:
1. One (1) entity of the whole or part of another;
2. Two (2) or more entities over another; or
3. One (1) or more entities over one (1) or more entities;
(b) Agreement refers to any type or form of contract, arrangement, understanding, collective
recommendations, or concerted action, whether formal or informal, explicit or tacit, written or oral;
(c) Conduct refers to any type or form of undertaking, collective recommendation, independent or
concerted action or practice, whether formal or informal;
(d) Commission refers to the Philippine Competition Commission created under this Act;
(e) Confidential business information refers to information which concerns or relates to the operations,
production, sales, shipments, purchases, transfers, identification or customers, inventories, or amount
or source of any income, profits , losses, expenditures;
(f) Control refers to the ability to substantially influence or direct the actions or decisions of an entity,
whether by contract, agency or otherwise;
(g) Dominant Position refers to a position of economic strength that an entity or entities hold which
makes it capable of controlling the relevant market independently from any or a combination of the
following: competitors, customers, suppliers, or consumers;
(h) Entity refers to any person, natural or judicial, sole or proprietorship, partnership, combination or
association in any form, whether incorporated or not, domestic or foreign, including those owned or
controlled by the government, engaged directly or indirectly in any economic activity;
(i) Market refers to the group of goods or services that are sufficiently interchangeable or substitutable
and the object of competition, and the geographic area where said goods or services are offered;
(j) Merger refer to the joining of two (2) or more entities into an existing entity or to form a new entity;
(k) Relevant Market refers to the market in which a particular good or service is sold and which is a
combination of the relevant product market and the relevant geographic market, defined as follows:
1. A relevant product market comprises all those goods and/or services which are regarded as
interchangeable or substitutable by the consumer or the customer, by reason of the goods
and / or services’ characteristics, their prices and their intended use; and
2. The relevant geographic market comprises the area in which the entity concerned is involved
in the supply and demand of goods and services in which the conditions of competition are
sufficiently homogenous and which can be distinguished from neighboring areas because the
conditions of competition are different in those areas.
CHAPTER II
 PHILIPPINE COMPETITION COMMISSION
SEC. 5. Philippine Competition Commission. – To implement the national competition policy and
attain the objectives and purposes of this Act, an independent quasi-judicial body is hereby created,
which shall be known as the Philippine Competition Commission (PCC), hereinafter referred to as the
Commission, and which shall be organized within sixty (60) days after the effectivity of this Act. Upon
establishment of the Commission, Executive Order No. 45 designating the Department of Justice as
the Competition Authority is hereby amended. the Office for Competition (OFC) under the Office of
the Secretary of Justice shall however be retained, with its powers and functions modified pursuant to
Section 13 of this Chapter.
The Commission shall be an attached agency to the Office of the President.
SEC. 6. Composition of the Commission. – The Commission shall be composed of a Chairperson and four
(4) Commissioners. The Chairperson and Commissioners shall be citizens and resident of the
Philippines, of good moral character, of recognized probity and independence and must have
distinguished themselves professionally in public, civic or academic service in any of the following
fields: economics, law, finance, commerce or engineering. They must have been in the active practice of
their professions for at least ten (10) years, and must not have been candidates for any elective national
or local office in the immediately preceding elections, whether regular or special; Provided, That at least
one (1) shall be member of the Philippine Bar with at least ten (10) years of experience in the active
practice of law, and at least one (1) shall be economist. The Chairperson and the Commissioners who
shall have the rank equivalent of cabinet secretary and undersecretary, respectively, shall be appointed
by the President.
SEC.7. Terms of Office. – The term of office of the Chairperson and the Commissioners shall be
seven (7) years without reappointment. Of the first set of appointees, the Chairperson shall hold office
for seven (7) years and of the first four (4) Commissioners, two (2) shall hold office for a term of
seven(7) years and two (2) for the term of Five (5) years. In case a vacancy occurs before the expiration
of the term of office, the appointment to such vacancy shall only be the unexpired term of the
predecessor.
The Chairperson and the Commissioners shall enjoy security of tenure and shall not be suspended or
removed from office except for just cause as provided by law.
SEC. 8. Prohibitions and Disqualifications. – The Commissioners shall not, during their tenure, hold
any other office or employment. They shall not, during their tenure, directly or indirectly practice any
profession, except in a teaching capacity, participate in any business, or be financially interested in any
contract with, or any franchise, or special privileges granted by the government or any subdivisions,
agency, or instrumentality thereof, including government-owned and-controlled corporations or their
subsidiaries. They shall strictly avoid conflict or interest in the conduct of their office. They shall not be
qualified to run for any office in the election immediately succeeding their cessation from
office. Provided, that the election mentioned hereof is not a Barangay election or a Sangguniang
Kabataan election. Provided they shall not be allowed to personally appear or practice as counsel or
agent on any matter pending before the Commission for two (2) years following their cessation from
office.
No spouse or relative by consanguinity or affinity within the fourth civil degree of any of the
Commissioners, the Chairperson and the Executive Director of the Commission may appear as counsel
nor agent on any matter pending before the Commission or transact business directly or indirectly
therein during incumbency and within two (2) years from cessation of office.
SEC. 9. Compensation and Other Emoluments for Members and Personnel of the
Commission. – The compensation and other emoluments for the members and personnel of the
Commission shall be exempted from the coverage or Republic Act No. 6758, otherwise known as
“Salary Standardization Act”. For this purpose, the salaries and other emoluments of the Chairperson,
the Commissioners, and personnel of the Commission shall be set based on an objective classification
system, taking into consideration the importance and responsibilities attached to the respective
positions, and shall be submitted to the President of the Philippines for his approval.
SEC.10. Quorum. – Three (3) members of the Commission shall constitute a quorum and the
affirmative vote of three (3) members shall be necessary for the adoption of any rule, ruling, order,
resolution, decision or other acts of the Commission.
SEC. 11. Staff – The Commission shall appoint, fix the compensation, and determine the status,
qualifications, and duties of an adequate staff, which shall include an Executive Director of the
Commission. The Executive Director shall be appointed by the Commission and shall have relevant
experience in any of the fields of law, economics, commerce, management, finance or engineering for at
least ten (10) years. The members of the technical staff, except those performing purely clerical
functions, shall possess at least a Bachelor’s Degree in any of the following lines of specialization:
economics, law, finance, commerce, engineering, accounting, or management.
SEC. 12. Powers and Functions – The Commission shall have original and primary jurisdiction over
the enforcement and implementation of the provisions of this Act, and its implementing rules and
regulations. The Commission shall exercise the following powers and functions:
(a) Conduct inquiry, investigate, and hear and decide on cases involving any violation of this Act and
other existing competition laws motu proprio or upon receipt of a verified complaint from an interested
party or upon referral by the concerned regulatory agency, and institute the appropriate civil or criminal
proceedings;
(b) Review proposed mergers and acquisitions, determine thresholds for notification, determine the
requirements and procedures for notification, and upon exercise of its powers to review, prohibit
mergers and acquisitions that will substantially prevent restrict, or lessen competition in the relevant
market;
(c) Monitor and undertake consultation with stakeholders and affected agencies for the purpose of
understanding market behavior;
(d) Upon finding, based on substantial evidence, that an entity has entered into an anti-competitive
agreement or has abused its dominant positions after the due notice and hearing, stop or redress the
same, by applying remedies, such as, but not limited to, issuance of injunctions, requirement of
divestment, and disgorgement of excess profits under such reasonable parameters shall be prescribed by
the rules and regulations implementing this Act;
(e) Conduct administrative proceedings, impose sanctions, fines or penalties for any non-compliance
with or breach of this Act and its implementing rules and regulations (IRR) and punish for contempt;
(f) Issue subpoena duces tecum and subpoena ad testificandum to require the production of books, records,
or other documents or data which relate to any matter relevant to the investigation and personal
appearance before the Commission, summon witnesses, administer oaths, and issue interim orders such
as show cause orders and cease and desist orders after due notice and hearing in accordance with the
rules and regulations implementing this Act;
(g) Upon order of the court, undertake inspections or business premises and other offices, land and
vehicles, as used by the entity, where it reasonably suspects that relevant books, tax records, or other
documents which relate to any matter relevant to the investigation are kept, in order to prevent the
removal, concealment, tampering with, or destruction of the books, records, or other documents;
(h) Issue adjustments or divestiture orders including orders for corporate reorganization or divestment
in the manner and under such terms and conditions as may be prescribed in the rules and regulations
implementing this Act. Adjustment or divestiture orders, which are structural remedies, should only be
imposed;
1. Where there is equally effective behavioral remedy; or
2. Where any equally effective behavioral remedy would be more burdensome for the
enterprise as it existed before the infringement was committed would only be proportionate
to the substantial risk of a lasting or repeated infringement that derives from the very
structure of the enterprise;
(i) Deputize any and all enforcement agencies of the government or enlist the aid and support of any
private institution, corporation, entity or association, in the implementation of its powers and functions;
(j) Monitor compliance by the person or entities concerned with the cease and desist order or consent
judgement;
(k) Issue advisory opinions and guidelines on competition matters for the effective enforcement of this
Act and submit annual and special reports to Congress, including proposed legislation for the regulation
of commerce, trade, or industry;
(l) Monitor and analyze the practice of competition in markets that affect the Philippine economy,
implement and oversee measures to promote transparency and accountability; and ensure the
prohibitions and requirements of competition laws are adhered to;
(m) Conduct, publish, and disseminate studies and reports on anti-competitive conduct and agreements
to inform and guide the industry and consumers;
(n) Intervene or participate in administrative and regulatory proceedings requiring consideration of the
provisions of this Act that are initiated by government agencies such as the Securities and Exchange
Commission, Energy Regulatory Commission and the National Telecommunications Commission;
(o) Assist the National Economic and Department Authority, in consultation with relevant agencies and
sectors, in the preparation and formulation of a national competition policy;
(p) Act as the official representative of the Philippine government in international competition matters;
(q) Promote capacity building and the sharing of best practices with other competition-related bodies;
(r) Advocate pro-competitive policies of the government by:
1. Reviewing economic and administrative regulations, motu proprio or upon request, as to
whether or not they adversely affect relevant market competition, and advising the
concerned agencies against such regulations; and
2. Advising the Executive Branch on the competitive implications of government actions,
policies and programs; and
(s) Charge reasonable fees to defray the administrative cost of the services rendered.
SEC. 13. Office for Competition (OFC), Powers and Functions. – The OFC under the Department
of Justice (DOJ-OFC) shall only conduct preliminary investigation and undertake prosecution of all
criminal offenses arising under this act and other competition related laws in accordance with Section
31 of Chapter VI of this act. The OFC shall be reorganized and allocated resources as may be required
therefor to effectively pursue such mandate.
CHAPTER III
PROHIBITED ACTS
SEC. 14. Anti-Competitive Agreements. –
(a) The following agreements, between or among competitors,are per se prohibited:
1. Restricting competition as to price, or components thereof, or other terms of trade;
2. Fixing price at an auction or in any form of bidding including cover bidding, bid
suppression, bid rotation and market allocation and other analogous practices of bid
manipulation;
(b) The following agreements, between or among competitors which have the object or effect of
substantially preventing, restricting or lessening competition shall be prohibited:
1. Setting, limiting or controlling production, markets, technical development, or investment;
2. Dividing or sharing the market, whether by volume of sales or purchases, territory, type of
goods or services, buyers or sellers or any other means.
(c) Agreements other than those specified in (a) and (b) of this Section which have the object or effect
of substantially preventing, restricting or lessening competition shall also be prohibited: Provided, Those
which contribute to improving the production or distribution of goods and services or to promoting
technical or economic progress, while allowing consumers a fair share of the resulting benefits may not
necessarily be deemed a violation of this Act.
An entity that controls, is controlled by, or is under common control with another entity or entities,
have common economic interests, and are not otherwise able to decide or act independently of each
other, shall not be considered competitors for purposes of this Section.
SEC. 15. Abuse of Dominant Position. – It shall be prohibited for one or more entities to abuse their
dominant position by engaging in conduct that would substantially prevent, restrict or lessen
competition:
(a) Selling goods or services below cost with other object driving competition out of the relevant
market: Provided, That in the Commission’s evaluation of this fact, it shall consider whether the
entity or entities have no such object and the price established was in good faith to meet or
compete with the lower price of a competitor in the same market selling the same or comparable
product or service like quality;
(b) Imposing barriers to entry or committing acts that prevent competitors from growing within the
market in an anti-competitive manner except those that develop in the market as a result of or
arising from a superior product or process, business acumen or legal rights or laws;
(c) Making a transaction subject to acceptance by the other parties of other obligations which, by their
nature or according to commercial usage, have no connection with the transaction;
(d) Setting prices or other terms or conditions that discriminate unreasonably between customers or
sellers of the same goods or services, where such customers or sellers are contemporaneously trading
on similar terms and conditions, where the effect may be to lessen competition
substantially: Provided, That the following shall be considered permissible price differentials:
1. socialized pricing for the less fortunate sector of the economy;
2. price differential which reasonably or approximately reflect differences in the cost of
manufacture, sale, or delivery resulting from differing methods, technical conditions, or
quantities in which the goods or services are sold or delivered to the buyers or sellers;
3. price differential or terms of sale offered in response to the competitive price of payments,
services or changes in the facilities furnished by a competitor; and
4. price changes in response to changing market conditions, marketability of goods or services,
or volume;
(e) Imposing restrictions on the lease or contract for sale or trade of goods or services concerning
where, to whom, or in what forms goods or services may be sold or traded, such as fixing prices, giving
preferential discounts or rebate upon such price, or imposing conditions not to deal with competing
entities, where the object or effect of the restrictions is to prevent, restrict or lessen competition
substantially; Provided, That nothing contained in this Act prohibit or render unlawful:
1. Permissible franchising, licensing, exclusive merchandising or exclusive distributorship
agreements such as those which give each party the right to unilaterally terminate the
agreement; or
2. Agreements protecting intellectual property rights, confidential information, or trade secrets.
(f) Making supply of particular goods or services dependent upon the purchase of other goods or
services from the supplier which have no direct connection with the main goods or services to be
supplied;
(g) Directly or indirectly imposing unfairly low purchase prices for the goods or services of, among
others, marginalized agricultural producers, fisherfolk, micro-, small-, medium-scale enterprises, and
other marginalized service providers and producers;
(h) Directly or indirectly imposing unfair purchase or selling price on their competitors, customers,
suppliers or consumers, Provided that prices that develop in the market as a result of or due to a
superior product or process, business acumen or legal rights or laws shall not be considered
unfair prices; and
(i) Limiting production, markets or technical development to the prejudice of consumers, provided that
limitations that develop in the market as a result of or due to a superior product or process,
business acumen or legal rights or laws shall not be a violation of this Act;
Provided, That nothing is this Act shall be construed or interpreted as a prohibition on having a
dominant position in a relevant market or on a acquiring, maintaining and increasing market share
through legitimate means that do not substantially prevent, restrict or lessen competition.
Provided further, That any conduct which contributes to improving production or distribution of goods or
services within the relevant market, or promoting technical and economic progress while allowing
consumers a fair share of the resulting benefit may not necessarily be considered an abuse of dominant
position.
Provided finally. That the foregoing shall not constrain the Commission or the relevant regulator from
pursuing measures that would promote fair competition or more competition as provided in this Act.
CHAPTER IV
MERGERS AND ACQUISITIONS
SEC. 16. Review of Mergers and Acquisitions. – The commission shall have the power to review
Mergers and Acquisitions based on factors deemed relevant by the Commission.
SEC. 17 Compulsory Notification. – Parties to the merger or acquisition agreement referred to in the
preceding section wherein the value of the transaction exceeds One Billion Pesos (P1,000,000,000.00)
are prohibited from consummating their agreement until thirty (30) days after providing notifications to
the Commission in the form and containing the information specified in the regulations issued by the
Commission: Provided, That the Commission shall promulgate other criteria, such as increased market
share in the relevant market in excess of minimum thresholds, that may be applied specifically to a
sector, or across some or all sectors, in determining whether parties to a merger or acquisition shall
notify the Commission under this chapter.
An agreement consummated in violation of this requirement to notify the Commission shall be
considered void and subject the parties to an administrative fine of one percent (1%) to five percent
(5%) of the value of the transaction.
Should the Commission deem it necessary, it may request further information that are reasonably
necessary and directly relevant to the prohibition under Section 20 hereof from the parties to the
agreement before the expiration of the thirty (30)-day period referred. The issuance of such a request
has the effect of extending the period within which the agreement may not be consummated for an an
additional sixty (60) days, beginning on the day after the request for information is received by the
parties: Provided, That, in no case shall the total period for review by the Commission of the subject
agreement exceed ninety (90) days from initial notification by the parties.
When the above periods have expired and no decision has been promulgated for whatever reason, the
merger or acquisition shall be deemed approved and the parties may proceed to implement or
consummate it. All notices, documents and information provided to or emanating from the
Commission under this section shall be subject to confidentiality rule under Section 34 of this Act
except when the release of information contained therein is with the consent of the notifying entity or is
mandatorily required to be disclosed by law or by a valid order of a court of competent jurisdiction, or
of a government or regulatory agency, including an exchange.
In the case of the merger or acquisition of banks, banking institutions, building and loan associations,
trust companies, insurance companies, public utilities, educational institutions and other special
corporations governed by special laws, a favorable or no-objection ruling by the Commission shall not
be construed as dispensing of the requirement for a favorable recommendations by the appropriate
government agency under Section 79 of the Corporation Code of the Philippines.
A favorable recommendation by a governmental agency with a competition mandate shall give rise to a
disputable presumption that the proposed merger or acquisition is not violative of this Act.
SEC. 18. Effect of Notification. – If within the relevant periods stipulated in the preceding Section,
the Commission determines that such agreement is prohibited under Section 20 and does not qualify
for exemption under Section 21 of this Chapter, the Commission may:
(a) Prohibit the implementation of the agreement
(b) Prohibit the implementation of the agreement unless and until it is modified by changes specified by
the Commissions;
(c ) Prohibit the implementation of the agreement unless and until the pertinent party or parties enter
into legally enforceable agreements specified by the Commission.
SECTION 19. Notification Threshold. – The Commission shall, from time to time, adopt and
publish regulations stipulating:
(a) The transaction value threshold and such other criteria subject to the notification requirement of
Section 17 of this Act;
(b) The information that must be supplied for notified mergers or acquisitions;
(c) Exceptions or exemptions from the notification requirement; and
(d) Other rules relating to the notification procedures.
SEC. 20. Prohibited Mergers and Acquisitions. – Merger or acquisitions agreements that
substantially prevent, restrict or lessen competition in the relevant market or in the market for goods or
services may be determined by the Commission shall be prohibited.
SEC. 21. Exemptions from Prohibited Mergers and Acquisitions. – Merger or acquisition
agreement prohibited under Section 20 of this Chapter may, nonetheless, be exempt from prohibition
by the Commission when the parties establish either of the following:
(a) The concentration has brought about or is likely to bring about gains in efficiencies that are greater
than the effects of any limitation on competition that result or likely to result from the merger or
acquisition agreement; or
(b) A party to the merger or acquisition agreement is faced with actual or imminent financial failure, and
the agreement represents the least anti-competitive arrangement among the known alternative uses for
the failing entity’s assets:
Provided, That an entity shall not be prohibited from continuing to own and hold the stock or other
share capital or assets of another corporation which it acquired prior to the approval of this Act or
acquiring or maintaining its market share in a relevant market through such without violating the
provisions of this Act.
Provided further, That the acquisition of the stock share capital of one or more corporations solely for
investment and not used for voting or exercising control and not to otherwise bring, or attempt to
bring about the prevention, restriction, or lessening of competition in the relevant market shall not be
prohibited.
SEC. 22. Burden of Proof. – The burden of proof under Section 21 lies with the parties seeking the
exemption. A party seeking to rely on the exemption specified in Section 21(a) must demonstrate that if
the agreement were not implemented, significant efficiency gains would not be realized.
SEC. 23. Finality or Rulings on Mergers and Acquisitions. – Merger or acquisition agreements
that have received a favorable ruling from the Commission, except when such ruling was obtained on
the bases of fraud or false material information, may not be challenged under this Act.
CHAPTER V
DISPOSITION OF CASES
SEC. 24. Relevant Market. – for purposes of determining the relevant market, the following factors,
among others affecting the substitutability among goods or services constituting such market and the
geographic area delineating the boundaries of the market shall be considered:
(a) The possibilities of substituting the goods or services in question with others of domestic or foreign
origin, considering the technological possibilities, extent to which substitutes are available
to consumers and time required for such substitution;
(b) The cost of distribution of the good or service, its raw materials, its supplements and substitutes
from other areas and abroad, considering freight, insurance, import duties and non-tariff restrictions;
the restrictions imposed by economic agents or by their associations; and the time required to
supply the market from the areas;
(c) The cost and probability of users or consumers seeking other markets; and
(d) National, local or international restrictions which limit access by users or consumers to alternate
sources of supply or the access of suppliers to alternate consumers.
SEC. 25. Control of an Entity. – In determining the control of an entity, the Commission may
consider the following:
Control is presumed to exist when the parent owns directly or indirectly, through subsidiaries, more
than one half (½) of the voting power of an entity, unless in exceptional circumstances, it can clearly be
demonstrated that such ownership does not constitute control. Control also exists even when an entity
owns one half (½) or less of the voting power of another entity when:
(a ) There is power over more than one half (½) of the voting rights by virtue of an agreement with
investors;
(b) There is power to direct or govern the financial and operating policies of the entity under a statute
or agreement;
(c) There is power to appoint or remove the majority of the members of the board of directors or
equivalent governing body;
(d) There is power to cast the majority votes at meetings of the board of directors or equivalent
governing body;
(e) There exists ownership over or the right to use all or a significant part of the assets of the entity;
(f) There exist rights or contracts which confer decisive influence on the decisions of the entity.
SEC. 26. Determination of Anti-Competitive Agreement or Conduct . – In determining whether
anti-competitive agreement or conduct has been committed, the Commission shall:
(a) Define the relevant market allegedly affected by the anti-competitive agreement or conduct,
following the principles laid out in Section 24 of this Chapter;
(b) Determine if there is actual or potential adverse impact on competition in the relevant market
caused by the alleged agreement or conduct, and if such impact is substantial and outweighs the actual
or potential efficiency gains that result from the agreement or conduct;
(c) Adopt a broad and forward-looking perspective, recognizing future market developments, any
overriding need to make the goods or services available to consumers, the requirements of large
investments in infrastructure, the requirements of law, and the need of our economy to respond to
international competition, but also taking account of past behaviour of the parties involved and
prevailing market conditions;
(d) Balance the need to ensure that competition is not prevented or substantially restricted and the risk
that competition efficiency, productivity, innovation, or development of priority areas or industries in
the general interest of the country may be deterred by overzealous or undue intervention; and
(e) Assess the totality of evidence on whether it is more likely than not that the entity has engaged in
anti-competitive agreement or conduct including whether the entity’s conduct was done with a
reasonable commercial purpose such as but not limited to phasing out of a product or closure of a
business, or as a reasonable commercial response to the market entry or conduct of a competitor.
SEC. 27. Market Dominant Position – In determining whether an entity has market dominant
positions for purposes of this Act, the Commission shall consider the following:
(a) The share of the entity in the relevant market and whether it is able to fix prices unilaterally or to
restrict supply in the relevant market;
(b) The existence of barriers to entry and the elements which could foreseeably akter both said barriers
and the from competitors;
(c) The existence of power of its competitors;
(d) The possibility of access by its competitors or other entities to its sources of inputs;
(e) The power of its customers to switch to other goods or services;
(f) Its recent conducts; and
(g) Other criteria established by the regulations of this Act.
There shall be a rebuttable presumption of market dominant position if the market share of an entity in
the relevant market is at least fifty percent (50%), unless a new market share threshold is determined by
the Commission for that particular sector.
The Commission shall from time to time determine and publish the threshold for dominant position or
minimum level of share in the relevant market that could give rise to a presumption of dominant
position. In such determination, the Commission would consider the structure of the relevant market,
degree of integration, access to end-users, technology and financial resources , and other factors
affecting the control of a market, as provided in sub-sections (a) to (g) of this Section.
The Commission shall not consider the acquiring, maintaining and increasing of market share through
legitimate means not substantially preventing, restricting, or lessening competition in the market such as
but not limited to having superior skills, rendering superior service, producing or distributing quality
products, having business acumen, and the enjoyment and use of protected intellectual property rights
as violative of this Act.
SEC. 28. Forbearance – The Commission may forbear from applying the provision of this Act. for a
limited time, in whole or in part, in all or specific cases, on an entity or group of entities, if in its
determination:
(a) Enforcement is not necessary to the attainment of the policy objectives of this Act;
(b) Forbearance will neither impede competition in the market where the entity or group of entities
seeking exemptions operates nor in related markets; and
(c ) Forbearance is consistent with public interest and the benefit and welfare of the consumers.
A public hearing shall be held to assist the Commission in making the determination.
The Commission’s order exempting the relevant entity or group of entities under this Section shall be
made public. Conditions may be attached to the forbearance if the Commission deems it appropriate to
ensure the long-term interest of consumers.
In the event that the basis for the issuance of the exemption order ceases to be valid, the order may be
withdrawn by the Commission.
CHAPTER VI
FINES AND PENALTIES
SEC. 29. Administrative Penalties –
(a) Administrative Fines. – In any investigation under Chapter III, Section 14 and 15, and Chapter IV,
Section 17 and 20 of this Act, after due notice and hearing, the Commission may impose the following
schedule of administrative fines on any entity found to have violated the said Sections:
First offense: Fine of up to One Hundred Million Pesos (P100,000,000.00);
Second offense: Fine of not less than One Hundred Million Pesos (P100,000,000.00) but not more than
Two Hundred Fifty Million Pesos (P250,000,000.00).
In fixing the amount of the fine, the Commission shall have regard to both the gravity and the duration
of the violation.
(b) Failure to Comply With An Order of the Commission . – Any entity which fails or refuses to
comply with a ruling, order or decision issued by the commission shall pay a penalty of not less than
Fifty Thousand Pesos (P50,000.00) up to Two Million Pesos (P2,000,000.00) for each violation and a
similar amount of penalty for each day thereafter until the said entity fully complies. Provided that these
fines shall only accrue daily beginning forty five (45) days from the time that the said decision, order or
ruling was received.
(c) Supply of Incorrect or Misleading Information. – The Commission may likewise impose upon any
entity fines up to One Million Pesos (P1,000,000.00) where, intentionally or negligently, they supply
incorrect or misleading information in any document, application or other paper filed with or submitted
to the Commission or supply incorrect or misleading information in an application for a binding ruling,
a proposal for a consent judgement, proceeding relating to a show cause order, or application for
modification of the Commission’s ruling, order or approval, as the case may be.
(d) Any other violations not specifically penalized under the relevant provisions of this Act shall be
penalized by a fine of not less that Fifty Thousand Pesos (P50,000.00) up to Two Million Pesos
(P2,000,000.00).
Provided that the schedule of fines indicated in this Section shall be increased by the Commission every
five (5) years to maintain their real value from the time it was set.
SEC. 30. Criminal Penalties. – An entity that enters into any anti-competitive agreement as covered
by Chapter III, Section 14(a) and 14(b) under this Act shall, for each and every violation, be penalized
by imprisonment from two (2) to seven (7) years, and a fine of not less that Fifty Million Pesos
(P50,000,000.00) but not more than Two Hundred Fifty Million Pesos (P250,000,000.00). The penalty
of imprisonment shall be imposed upon the responsible officers, and directors of the entity.
When the entities involved are juridical persons, the penalty of imprisonment shall be imposed on its
officers, directors, or employees holding managerial positions, who are knowingly and willfully
responsible for such violation.
CHAPTER VII
ENFORCEMENT
SEC.31. Fact Finding: Preliminary inquiry . – The Commission, motu proprio, or upon the filing of a
verified complaint by an interested party or upon referral by a regulatory agency, shall have the sole and
exclusive authority to initiate and conduct a fact-finding or preliminary inquiry for the enforcement of
this Act based on reasonable grounds.
The Commission, after considering the statements made, or documents or articles produced in the
course of the fact-finding or preliminary inquiry, shall terminate the same by:
(a) Issuing a resolution ordering its closure if no violation or infringement of this Act is found; or
(b) Issuing a resolution to proceed, on the basis of reasonable grounds, to the conduct of a full
administrative investigation.
The Commission, after due notice and hearing, and on the basis of facts and evidence presented, may
issue an order for the temporary cessation or desistance from the performance of certain acts by the
respondent entity, the continued performance of which would result in a material and adverse effect on
consumers or competition in the relevant market.
If the evidence so warrants, the Commission may file before the DOJ criminal complaints for violation
of this Act or relevant laws for preliminary investigation and prosecution before the proper court. The
DOJ shall conduct preliminary investigation in accordance with the revised rules of criminal procedure.
The preliminary inquiry shall, in all cases, be completed by the Commission within ninety (90) days
from submission of the verified complaint, referral, or date of initiation by the Commission, motu
proprio, of the same.
Except as provided in Section 12(i) of Chapter II of this Act, no law enforcement agency shall conduct
any kind of fact-finding inquiry or investigation into any competition related matters.
SEC. 32. Relationship With Sector Regulators. – The Commission shall have original and primary
jurisdiction in the enforcement and regulation of all competition-related issues,
The Commission shall still have jurisdiction if the issue involves both competition and noncompetition
issues, but the concerned sector regulator shall be consulted and afforded reasonable opportunity to
submit its own opinion and recommendation on the matter before the Commission makes a decision
on any case,.
Where appropriate, the Commission and the sector regulators shall work together to issue rules and
regulations to promote competition, protect consumers, and prevent abuse or market power by
dominant players within their respective sectors.
SEC. 33. Power to Investigate and Enforce Orders and Resolutions. – The Commission shall
conduct inquiries by administering oaths, issuing subpoena duces tecum and summoning witnesses, and
commissioning consultants or experts. It shall determine if any provision of this Act has been violated,
enforce its orders and carry out its resolutions by making use of any available means, provisional or
otherwise, under existing laws and procedures including the power to punish for contempt and to
impose fines.
SEC. 34. Confidentiality of Information. – Confidential business information submitted by entities,
relevant to any inquiry or investigation being conducted pursuant to this Act as well as any deliberation
in relation thereto, shall not, in any manner, be directly or indirectly disclosed, published, transferred,
copied, or disseminated. Likewise, the Commission shall, to the extent possible, subject such
information to the confidentiality rule provided under this section when it issues notices, bulletins,
rulings and other documents: Provided, That the confidentiality rule shall not apply if the notifying entity
consents to the disclosure, or the document or information is mandatorily required to be disclosed by
law or by a valid order of a court of competent jurisdiction or of a government or regulatory agency,
including an exchange. The identity, shall remain confidential, unless such confidentiality is expressly
waived by these persons.
Any violation of this provision shall be imposed a fine of not less than One Million Pesos
(P1,000,000.00) but not more than Five Million Pesos (P5,000,000.00).
SEC. 35. Leniency Program. – The Commission shall develop a Leniency Program to be granted to
any entity in the form of immunity from suit or reduction of any fine which would otherwise be
imposed on a participant in as anti-competitive agreement as provided in Section 14(a) and 14(b) of this
Act in exchange for the voluntary disclosure of information regarding such an agreement which satisfies
specific criteria prior to or during the fact finding or preliminary inquiry stage of the case.
Immunity from suit will be granted to an entity reporting illegal anti-competitive activity before a fact
finding or preliminary inquiry has begun if the following conditions are met:
(a) At the time the entity comes forward, the Commission has not received information about the
activity from any other source;
(b) Upon the entity’s discovery of illegal activity, it took prompt and effective action to terminate it’s
participation therein;
(c) The entity reports the wrongdoing with candor and completeness and provides full, continuing, and
complete cooperation throughout the investigation; and
(d) The entity did not coerce another party to participate in the activity and clearly was not the leader in,
or the originator of, the activity.
Even after the Commission has received information about the illegal activity after a fact finding or
preliminary inquiry has commenced, the reporting entity will be granted leniency, provided preceding
conditions (b) and (c) and the following additional requirements are complied with:
(i) The entity is the first to come forward and qualify for leniency ;
(ii) At the time the entity comes forward, the Commission does not have evidence against the entity that
is likely to result is a sustainable conviction; and
(iii) The Commission determines the granting leniency would not be unfair to others.
Such program shall include the immunity from any suit or charge of affected parties and third parties,
exemption, waiver, or gradation of fines and/or penalties giving precedence to the entity submitting
such evidence. An entity cooperating or furnishing information, document or data to the Commission
is connection to an investigation being conducted shall not be subjected to any form of reprisal or
discrimination. Such reprisal or discrimination shall be considered a violation of this Act subject to the
sanction provided in this Act.
Nothing in this Section shall preclude prosecution for entities that report to the Commission false,
misleading, or malicious information, data or documents damaging to the business or integrity of the
entities under inquiry as a violation of said Section. An entity found to have reported false, misleading
or malicious information, data, or document may be penalized by a fine not less than the penalty
imposed in the Section reported to have been violated by the entity complained of.
The DOJ-OFC may likewise grant leniency or immunity as provided in this Section in the event that
there is already a preliminary investigation pending before it.
SEC. 36. Nolo Contendere. – An entity charged in a criminal proceeding pursuant to Section 14(a)
and 14(b) of this Act may enter a plea of Nolo Contendere, in which he does not accept nor deny
responsibility for the charges but agrees to accept punishment as if had pleaded guilty. The plea cannot
be used against the defendant entity to prove liability in a civil suit arising from the criminal action nor
in another cause of action: Provided, That a plea of Nolo Contendere may be entered only up to
arraignment and subsequently, only with the permission of the court which shall accept it only after
weighing its effect on the parties, the public and the administration of justice.
SEC. 37. Non-Adversarial Remedies. – As an implementing and enforcement policy, the
Commission shall, under such rules and regulations it may prescribe, encourage voluntary compliance
with this Act and other competition laws by making available to the parties concerned the following and
other analogous non-adversarial administrative remedies, before the institution of administrative, civil
or criminal action:
(a) Binding Ruling. – Where no prior complaint or investigation has been initiated, any entity that is in
doubt as to whether a contemplated act, course of conduct, agreement, or decision, is in compliance
with, is exempt from, or is in violation of any of the provisions of this Act, other competition laws, or
implementing rules and regulation thereof, may request the Commission, in writing to render a binding
ruling thereon; Provided that the ruling is for a specified period, subject to extension as may be
determined by the commission, and based on substantial evidence.
In the event of an adverse binding ruling on an act, course or conduct, agreement, or decision, the
applicant shall be provided with a reasonable period, which in no case shall be more than ninety (90)
days, to abide by the ruling of the Commission and shall not be subject to administrative, civil, or
criminal action unless the applicant fails to comply with provisions of this Act;
(b) Show Cause Order. – Upon preliminary findings motu proprio or on written complaint under oath by
an interested party that any entity is conducting its business, in whole or in part in a manner that may
not be in accord with the provisions of this Act or other competition laws, and it finds that the issuance
of a show cause order would be in the interest of the public, the commission shall issue and serve upon
such entity or entities a written description of its business conduct complained of, a statement of facts,
data, and information together with a summary of the evidence thereof, with an order requiring the said
entity or entities to show cause, within the period therein fixed, why no order shall issue requiring such
person or persons to cease and desist from continuing with its identified business conduct, or pay the
administrative fine therein specified, or readjust its business conduct or practices;
(c) Consent Order, – At any time prior to the conclusion by the commission of its inquiry, any entity
under inquiry may, without in any manner admitting a violation of this Act or any other competition
laws, submit to the Commission a written proposal for the entry of a consent order, specifying therein
the terms and conditions of the proposed consent order which shall include among others the
following:
1. The payment of an amount within the range of fines provided for under this Act
2. The required compliance report as well as an entity to submit regular compliance reports;
3. Payment of damages to any private party/parties who may have suffered injury; and
4. Other terms and conditions that the Commission deems appropriate and necessary for the
effective enforcement of this Act or other Competition Laws.
Provided, That a consent shall not bar any inquiry for the same or similar acts if continued or repeated;
(d) Monitoring of Compliance. – The Commission shall monitor the compliance by the entity or
entities concerned, their officers, and employees, with the final and executory binding ruling, cease and
desist order, or approval of a consent judgement, upon motion of an interested party/parties the
commission shall issue a certification or resolution to the effect that the entity or entities concerned
have, or have not, as the case may be, complied with a final and executory ruling, order, or approval.
(e) Inadmissibility of Evidence in Criminal Proceedings. – The request for a binding ruling, the show
cause order, or the proposal for consent order, the facts, data and information therein contained or
subsequently supplied by the entity or entities concerned; admissions, oral or written, made by them
against their interest; all other documents filed by them, including their evidence presented in the
proceedings before the Commission; and the judgement or order rendered thereon; shall not be
admissible as evidence in any criminal proceedings arising from the same act subject of the binding
ruling, show cause order or consent order against such entity or entities, their officers, employees, and
agents.
SEC. 38. Contempt. – The Commission may summarily punish for contempt by imprisonment not
exceeding thirty (30) days or by a fine not exceeding one hundred thousand pesos (P100,000.00), or
both, any entity guilty of such misconduct in the presence of the commission in its vicinity as to serious
interrupt any hearing, session or any proceeding before it, including cases in which an entity willfully
fails or refuses, without just cause, to comply with a summons, subpoena duces tecum legally issued by the
commision being present at a hearing, proceeding, session or investigation, refused to be sworn as a
witness or to answer questions or to furnish information when lawfully required to do so,
SEC. 39. Appeals of the Decision of the Commission. – Decisions of the Commissions shall be
appealable to the Court of Appeals in accordance with the Rules of Court. The appeal shall not stay the
order, ruling or decision sought to be reviewed, unless the Court of Appeals shall direct otherwise upon
such terms and conditions it may deem just. In the appeal, the Commision shall be included as a party
respondent to the case.
SEC. 40. Writ of Execution. – Upon the finality of its binding ruling, order, resolution, decision,
judgement, or rule or regulation, collectively, the Commission may issue a writ or execution to enforce
its decision and the payment of the administrative fines provided in the preceding sections.
SEC. 41. Basic Necessities and Prime Commodities. – If the violation involves the trade or
movement of basic necessities and prime commodities as defined by RA 7581. as amended, the fine
imposed by the Commission or the courts, as the case may be, shall be tripled.
SEC. 42. Immunity from Suit. – The Chairperson, the Commissioners, officers, employees and agents
of the Commission shall not be subject to any action, claim or demand in connection with any act done
or omitted by them in the performance of their duties and exercise of their powers except for those
actions and omissions done in evident bad faith or gross negligence.
SEC. 43. Indemnity. – Unless the actions of the Commission or its Chairperson, any of its
Commissioners, Officers, employees and agents are found to be in willful violation of this Act,
performed with evident bad faith or gross negligence, the Commission, its Chairperson,
Commissioners, officers, employees and agents are held free and harmless to the fullest extent
permitted by law from any liability, and they shall be indemnified for any and all liabilities, losses,
claims, demands, damages, deficiencies, costs and expenses of whatsoever kind and nature that may
arise in connection with the exercise of their powers and performance of their duties and functions.
The Commission shall underwrite or advance litigation cost and expenses, including legal fees and other
expenses of external counsel, or provide legal assistance to its Chairperson, Commissioners, officers,
employees, or agents in connection with any civil, criminal, administrative or any other action or
proceeding, to which they are made a party by reason of, or in connection with, the exercise of
authority or performance of duties and functions under this Act: Provided, That such legal protection
shall not apply to any civil, criminal, administrative, or any action or proceeding that may be initiated by
the Commission, against such Chairperson, Commissioners, officers, employees, or
agents: Provided, further, That the Chairperson, Commissioners, officers, employees or agents who shall
resign, retire, transfer to another agency or be separated from the service, shall continue to be provided
with such legal protection in connection with any act done or omitted to be done by them in good faith
during their tenure or employment with the Commission: Provided, finally, That in the event of a
settlement or compromise, indemnification shall be provided only in connection with such matters
covered by the settlement as to which the Commission is advised by counsel that the persons to be
indemnified did not commit any negligence or misconduct.
The costs and expenses incurred in defending the aforementioned action, suit or proceeding may be
paid by the Commission in advance of the final disposition of such action, suit or proceeding upon
receipt of an undertaking by or on behalf of the Chairperson, Commissioner, officer employee or agent
to repay the amount advanced should it ultimately be determined by the Commission that one is not
entitled to be indemnified as provided in this section.
SEC. 44. Jurisdiction of the Regional Trial Court. – The Regional Trial Court of the city or province
where the entity or any the entities whose business act or conduct constitutes the subject matter of a
case, conducts its principal place of business, shall have original and exclusive jurisdiction, regardless of
the penalties and fines herein imposed, of all criminal and civil cases involving violation of this Act and
other competition related laws. If the defendant or anyone is charged in the capacity of a director,
officer, shareholder, employee, or agent of a corporation or other judicial entity who knowingly and
willfully authorized the commission of the offence charged, the Regional Trial Court of the city or
province where such corporation or juridical entity conducts its principal place of business, shall have
jurisdiction.
SEC. 45. Private Action. – Any person who suffers direct injury by reason of any violation of this Act
may institute a separate and independent civil action after the Commission has completed the
preliminary inquiry provided under Section 31.
CHAPTER VIII
OTHER PROVISIONS
SEC. 46. Statute of Limitations. – Any action arising from violation of any provision of this Act shall
be forever barred unless commenced within five (5) years from:
(a) For criminal actions the time, the violation is discovered by the offended party,the authorities, or
their agents; and
(b) For administrative and civil actions, the time the cause of action accrues.
SEC. 47. Prohibition on the Issuance of Temporary Restraining Orders, Preliminary
Injunctions and Preliminary Mandatory Injunctions. – Except for the court of Appeals and the
Supreme Court, no other court shall issue any temporary restraining order, preliminary injunction or
preliminary mandatory injunction against the Commission in the exercise of its duties or
functions: Provided, That, this prohibition shall apply in all cases, disputes or controversies instituted by a
private party, including, but not limited to, cases filed by entities or those claiming to have rights
through such entities: Provided. however, That, this prohibition shall not apply when the matter is of
extreme urgency involving a constitutional issue, such that the non-issuance of a temporary restraining
order will result in grave injustice and irreparable injury to the public: Provided, further, That, the applicant
shall file a bond, in an amount to be fixed by the Court, but in no case shall exceed twenty (20%) of the
imposable fines provided for under Chapter VI, Section 29 of this Act: Provided finally, That in the event
that the court finally decides that the applicant was not entitled to the relief applied for, the bond shall
accrue in favor of the Commission.
Any temporary restraining order, preliminary injunction or preliminary mandatory injunction issued in
violation of this section is void and of no force and effect, Any judge who violates this section shall be
penalized by suspension of at least one (1) year without pay in addition to other criminal, civil or
administrative penalties.
SEC. 48. Trade Associations – Nothing contained in this Act shall be construed to prohibit the
existence and operation of trade associations organized to promote quality standards and safety
issues: Provided, That, these associations shall not in any way be used to justify any violation of this
Act; Provided, however, That it shall not be illegal to use the association as a forum to discuss or promote
quality standards, efficiency, safety, security, productivity, competitiveness and other matters or
common interest involving the industry, Provided further, That such is done without any anti-competitive
intent or effect.
SEC. 49. Congressional Oversight Committee, – To oversee the implementation of this Act, there
shall be created a Congressional Oversight Committee on Competition (COCC) to be composed of the
Chairpersons of the Senate Committees on Trade and Commerce, Economic Affairs , and Finance, the
Chairpersons of the House of Representatives Committees on Economic Affairs, Trade and Industry,
and Appropriations and two (2) members each from the Senate President and the House of
Representatives who shall be designated by the Senate President and the Speaker of the House of
Representatives: Provided, That one (1) of the two (2) Senators and one (1) of the two (2) House
Members shall be nominated by the respective Minority Leaders of the Senate and the House of
Representatives, The Congressional Oversight Committee shall be jointly chaired by the Chairpersons
of the Senate Committee on Trade and Commerce and the House of Representatives Committee on
Economic Affairs. The Vice Chairperson of the Congressional Oversight Committee shall be jointly
held by the Chairpersons of the Senate Committee on Economic Affairs and the House of
Representatives Committee on Trade and Industry.
The Secretariat of the COCC shall be drawn from the existing personnel of the Senate and House of
Representatives committees comprising the Congressional Oversight Committee,
CHAPTER IX
FINAL PROVISIONS
SEC. 50. Implementing Rules and Regulations. – Within one hundred eighty (180) days from the
effectivity of this Act, the Commission, in consultation with the DOJ-OFC and concerned sector
regulations for the implementation of this Act:Provided, That, the Commission may revise such
implementing rules and regulations as it deems necessary: Provided however, That such revised
implementing rules and regulations shall only take effect fifteen (15) days following its publication in
two (2) newspapers of general circulation.
SEC. 51. Appropriations and use of Fees and Penalties. – The initial bedgetary requirements of the
Commission of Three Hundred Million Pesos (P300,000,000.00) is hereby appropriated.
All fees, fines, penalties collected by the commission shall not be retained by the commission, but will
be remitted to the National Treasury and shall accrue to the general funds.
Such funds necessary for the continuous and effective operation of the Commission shall be included in
the Annual General Appropriation Act.
SEC. 52. Transparency Clause. – Final decisions, orders and rulings of the commissions shall be
published on the official website subject to Section 34 of this Act.
Records of public proceedings, shall be made available to the public subject to Section 34 of this Act.
SEC. 53. Transitional Clause. – In order to allow affected parties time to renegotiate agreements or
restructure their business to comply with the provisions of this Act, an existing business structure,
conduct, practice or any act that may be in violation of this Act shall be subject to the administrative,
civil and criminal penalties prescribed herein only if it is not cured or is continuing upon the expiration
of two (2) years after the effectivity of this Act; Provided, That this section shall not apply to
administrative, civil and criminal proceedings against anti-competitive agreement or conduct, abuse of
dominant position, and anti-competitive mergers and acquisitions, initiated prior to the entry into force
of this Act: Provided, further, That during the said two (2)-year period, the government shall undertake an
advocacy program to inform the general public of the provisions of this Act.
SEC. 55. Repealing Clause, – The following laws, and all other laws, decrees, executive orders and
regulations, or parts thereof inconsistent with any provisions of this Act, are hereby repealed, amended
or otherwise modified accordingly:
(a) Article 186 of Act No. 3815, otherwise known as the Revised Penal Code; Provided that violations of
Article 186 of the Revised Penal Code committed before the effectivity of this Act may continue to be
prosecuted unless the same have been barred by prescription, and subject to the prosecuted unless the
same have been barred by prescription, and subject to the procedure under Section 31 of this Act;

(b) Section 4 of Commonwealth Act No. 138;

(c) Section 43(u) on Functions of the ERC of Republic Act No, 9136, entitled “An Act Ordaining
Reforms in the Electric Power Industry, Amending for the Purpose Certain Laws and for Other
Purposes”, otherwise known as the “Electric Power Industry Reform Act of 2001”, insofar as the
provision thereof is inconsistent with this Act;

(d) Section 24 on Illegal Acts of Price Manipulation and Section 25 on Penalty for Illegal Acts of Price
Manipulation of Republic Act No. 9502, entitled ‘An Act Providing for Cheaper and Quality Medicines,
Amending for the Purpose Republic Act No. 8293 or the Intellectual Property Code, Republic Act No.
6675 ot the Generics Act of 1988, and Republic Act No. 5921 or the Pharmacy Law, and for Other
Purposes”, otherwise known as the “Universally Accessible Cheaper and Quality Medicines Act of
2008’, insofar as the provision thereof are inconsistent with this Act; and

(e) Executive Order No. 45, Series of 2011, Designating the Department of Justice as the Competition
Authority, Department of Justice Circular 005 Series 2015, and other related issuances, insofar as they
are inconsistent with the provisions of this Act.

SEC. 56. Effectivity Clause. – This Act shall take effect fifteen (15) days following its publication in
the Official Gazette or at least two (2) national newspaper of general circulation. Notwithstanding any
provision herein, this Act shall have no retroactive effect.
 REPUBLIC ACT NO. 10951, August 29, 2017 "Light felonies are those infractions of law for the commission of which the penalty ofarresto menor or a
fine not exceeding Forty thousand pesos (P40,00) or both is provided."
AN ACT ADJUSTING THE AMOUNT OR THE VALUE OF PROPERTY AND DAMAGE
ON WHICH A PENALTY IS BASED, AND THE FINES IMPOSED UNDER THE SEC. 4. Article 115 of the same Act is hereby amended to read as follows:
REVISED PENAL CODE, AMENDING FOR THE PURPOSE ACT NO. 3815,
OTHERWISE KNOWN AS "THE REVISED PENAL CODE", AS AMENDED

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
SECTION 1. Article 9 of Act No. 3815, otherwise known as "The Revised Penal Code", is hereby
amended to read as follows:
"ART. 115. Conspiracy and proposal to commit treason; Penalty. - The conspiracy or proposal to commit the
crime of treason shall be punished respectively, by prision mayorand a fine not exceeding Two million pesos
(P2, 000, 000), and prision correccional and a fine not exceeding One million pesos (P1, 000, 000)
SEC. 5. Article 129 of the same Act is hereby amended to read as follows:

"ART. 9. Grave felonies, less grave felonies and light felonies.- Grave felonies are those to which the law attaches
the capital punishment or penalties which in any of their periods are afflictive, in accordance with Article
"ART. 129. Search warrants maliciously obtained and abuse in the service of those legally obtained. - In addition to the
25 of this Code.
liability attaching to the offender for the commission of any other offense, the penalty of arresto mayor in
its maximum period to prision correccional in its minimum period and a fine not exceeding Two hundred
"Less grave felonies are those which the law punishes with penalties which in their maximum period are
thousand pesos (P200, 000) shall be imposed upon any public officer or employee who shall procure a
correctional, in accordance with the abovementioned article.
search warrant without just cause, or, having legally procured the same, shall exceed his authority or use
unnecessary severity in executing the same."
"Light felonies are those infractions of law for the commission of which the penalty of arresto menor or a
fine not exceeding Forty thousand pesos (P40,000) or both is provided."
SEC. 6. Article 136 of the same Act, as amended by Republic Act No. 6968, is hereby further amended
to read as follows:
SEC. 2. Article 26 of the same Act is hereby amended to read as follows:

"ART. 26. Fine.- When afflictive, correctional, or light penalty.- A fine, whether imposed as a single or as an
alternative penalty, shall be considered an afflictive penalty, if it exceeds One million two hundred
thousand pesos (P1, 200, 000); a correctional penalty, if it does not exceed One million two hundred
thousand pesos (P1, 200, 000) but is not less than Forty thousand pesos (P40, 000); and a light penalty, if
be less than Forty thousand pesos (P40, 000)."
SEC. 3. Article 114 of the same Act, as amended by Republic Act No. 7659, is hereby further amended
to read as follows:
"ART. 136. Conspiracy and proposal to commit coup d'etat, rebellion or insurrection. - The conspiracy and proposal
to commit coup d'etat shall be punished by prision mayor in its minimum period and a fine which shall not
exceed One million pesos (P1, 000, 000).
"The conspiracy and proposal to commit rebellion or insurrection shall be punished respectively,
by prision correccional in its maximum period and a fine which shall not exceed One million pesos (P1, 000,
000) and by prision correccional in its medium period and a fine not exceeding Four hundred thousand pesos
(P400, 000)."
SEC. 7. Article 140 of the same Act is hereby amended to read as follows:

"ART. 114. Treason.- Any Filipino citizen who levies war against the Philippines or adheres to her enemies,
giving them aid or comfort within the Philippines or elsewhere, shall be punished by reclusion perpetua
"ART. 140. Penalty for sedition.- The leader of a sedition shall suffer the penalty of prision mayor in its
to death and shall pay a fine not to exceed Four million pesos (P4, 000,000).
minimum period and a fine not exceeding Two million pesos (P2,000, 000).
"No person shall be convicted of treason unless on the testimony of two (2) witnesses at least to the same
"Other persons participating therein shall suffer the penalty of prision correccional in its maximum period
over act or on confession of the accused in open court.
and a fine not exceeding One million pesos (P1, 000, 000)."
"Likewise, an alien, residing in the Philippines, who commits acts of treason as defined in paragraph 1 of
this article shall be punished by reclusion temporal to death and shall pay a fine not to exceed Four million SEC. 8. Article 141 of the same Act is hereby amended to read as follows:
pesos (P4, 000,000)."
"ART. 141. Conspiracy to commit sedition. - Persons conspiring to commit the crime of sedition shall SEC. 13. Article 148 of the same Act is hereby amended to read as follows:
be punished by prision correccional in its medium period and a fine not exceeding Four hundred thousand
pesos (P400,000)."

SEC. 9. Article 142 of the same Act is hereby amended to read as follows:
"ART. 148. Direct assaults.- Any person or person who, without a public uprising, shall employ force or
intimidation for the attainment of any of the purposes enumerated in defining the crimes of rebellion and
sedition, or shall attack, employ force, or seriously intimidate or resist any person in authority or any of
his agents, while engaged in the performance of official duties, or on occasion of such performance, shall
suffer the penalty of prision correccional in its medium and maximum periods and a fine not exceeding Two
"ART. 142. Inciting to sedition.- The penalty of prision correccional in its maximum period and a fine not
hundred thousand pesos (P200, 000), when the assault is committed with a weapon or when the offender
exceeding Four hundred thousand pesos (P400, 000) shall be imposed upon any person who, without
lays hand upon a person in authority. If none of these circumstances be present, the penalty of prision
taking any direct part in the crime of sedition, should incite others to the accomplishment of any of the
correcccional in its minimum period and a fine not exceeding One hundred thousand pesos (P100, 000) shall
acts which constitute sedition, by means of speeches, proclamations, writings, emblems, cartoons,
be imposed."
banners, or other representations tending to the same end, or upon any person or persons who shall utter
seditious words or speeches, write, publish, or circulate scurrilous libels against the Government, or any
of the duly constituted authorities thereof, or which tend to disturb or obstruct any lawful officer in SEC. 14. Article 149 of the same Act is hereby amended to read as follows:
executing the functions of his office, or which tend to instigate others to cabal and meet together for
unlawful purposes, or which suggest or incite rebellious conspiracies or riots, or which lead or tend to
stir up the people against the lawful authorities or to disturb the peace of the community, the safety and
order of the Government, or who shall knowingly conceal such evil practices."
"ART. 149. Indirect assaults. - The penalty of prsion correccional in its minimum and medium periods
and a fine not exceeding One hundred thousand pesos (P100, 000) shall be imposed upon any person
SEC. 10. Article 143 of the same Act is hereby amended to read as follows:
who shall make use of force or intimidation upon any person coming to the aid of the authorities of their
agents on occasion of the commission of any of the crimes defined in the next preceding article."

SEC. 15. Article 150 of the same Act is hereby amended to read as follows:
"ART. 143. Acts tending to prevent the meeting of Congress and similar bodies. - The penalty of prision correccional
or a fine ranging from Forty thousand pesos (P40, 000) to Four hundred thousand pesos (P400, 000), or
both, shall be imposed upon any person who, by force or fraud, prevents the meeting of Congress or of
any of its committees or subcommittees, Constitutional Commissions or committees or divisions thereof,
or of any provincial board or city or municipal council or board." "ART. 150. Disobedience to summons issued by Congress, its committees or subcommittees, by the Constitutional
Commissions, its committees, subcommittees or divisions.- The penalty of arresto mayor or a fine ranging from Forty
thousand pesos (P40, 000) to Two hundred thousand pesos (P200, 000), or both such fine and
SEC. 11. Article 144 of the same Act is hereby amended to read as follows:
imprisonment, shall be imposed upon any person who, having been duly summoned to attend as a witness
before Congress, its special or standing committees and subcommittees, the Constitutional Commissions
and its committees, subcommittees, or divisions, or before any commission or committee chairman or
member authorized to summon witnesses, refuses, without legal excuse to obey such summons or being
present before any such legislative or constitutional body or official, refuses to be sworn or placed under
"ART. 144. Disturbance of proceedings.- The penalty of arresto mayor or a fine from Forty thousand pesos (P40,
affirmation or to answer any legal inquiry or to produce any books, papers, documents, or records in his
000) to Two hundred thousand pesos (P200, 000) shall be imposed upon any person who disturbs the
possession, when required by them to do so in the exercise of their functions. The same penalty shall be
meetings of Congress or of any of its committees or subcommittees, Constitutional Commissions or
imposed upon any person who shall restrain another from attending as a witness, or who shall induce
committees or divisions thereof, or of any provincial board or city or municipal council or board, or in
disobedience to summons or refusal to be sworn by any such body or official."
the presence of any such bodies should behave in such manner as to interrupt its proceedings or to impair
the respect due it.'
SEC. 16. Article 151 of the same Act is hereby amended to read as follows:
SEC. 12. Article 147 of the same Act is hereby amended to read as follows:

"ART. 151. Resistance and disobedience to a person in authority or the agents of such person. - The penalty of arresto
mayor and a fine not exceeding One hundred thousand pesos (P100, 000) shall be imposed upon any
"ART. 147. Illegal associations.- The penalty of prision correccional in its minimum and medium periods and a
person who not being included in the provisions of the preceding articles shall resist or seriously disobey
fine not exceeding Two hundred thousand pesos (P200, 000) shall be imposed upon the founders,
any person in authority or the agents of such person while engaged in the performance of official duties.
directors, and presidents of associations totally or partially organized for the purpose of committing any
of the crimes punishable under this Code or for some purpose contrary to public morals. Mere members
of said associations shall suffer the penalty of arresto mayor."
"When the disobedience to an agent of a person in authority is not of a serious nature, the penalty of arresto SEC. 19. Article 155 of the same Act is hereby amended to read as follows:
menor or a fine ranging from Two thousand pesos (P2, 000) to Twenty thousand pesos (P20, 000) shall be
imposed upon the offender."

SEC.17. Article 153 of the same Act is hereby amended to read as follows:
"ART. 155. Alarms and scandals.- The penalty of arresto menor or a fine not exceeding Forty thousand peos
(P40, 000) shall be imposed upon:

"1. Any person who within any town or public place, shall discharge any firearm, rocket, firecracker. or
"ART. 153. Tumults and other disturbances of public order; Tumultuous disturbance or interruption liable to cause other explosives calculated to cause alarm or danger;
disturbance.- The penalty of arresto mayor in its medium period to prision correccional in its minimum period
and a fine not exceeding Two hundred thousand pesos (P200, 000) shall be imposed upon any person "2. Any person who shall instigate or take an active part in any charivari or other disorderly meeting
who shall cause any serious disturbance in a public place, office, or establishment, or shall interrupt or offensive to another or prejudicial to public tranquility;
disturb public performances, functions or gatherings, or peaceful meetings, if the act is not included in
the provisions of Articles 131 and 132. "3. Any person who, while wandering about at night or while engaged in any other nocturnal amusements,
shall disturb the public peace; or
"The penalty next higher in degree shall be imposed upon persons causing any disturbance or interruption
"4. Any person who, while intoxicated or otherwise, shall cause any disturbance or scandal in public
of a tumultuous character.
places: Provided, That the circumstances of the case shall not make the provisions of Article 153
applicable."
"The disturbance or iterruption shall be deemed to be tumultuous if caused by more than three (3)
persons who are armed or provided with means of violence.
SEC. 20. Article 163 of the same Act, as amended by Republic Act No. 4202 ; is hereby further amended
"The penalty of arresto mayor shall be imposed upon any person who in any meeting, association, or public to read as follows:
place, shall make any outcry tending to incite rebellion or sedition or in such place shall display placards
or emblems which provoke a disturbance of the public order.

"The penalty of arresto menor and a fine not to exceed Forty thousand pesos (40, 000) shall be imposed
upon these persons who in violation of the provisions contained in the last clause of Article 85, shall bury "ART. 163. Making and importing and uttering false coins. - Any person who makes, imports, or utters false
with pomp the body of a person who has been legally executed." coins, in connivance with counterfeiters, or importers, shall suffer:

SEC. 18. Article 154 of the same Act is hereby amended to read as follows: "1, Prision correccional in its minimum and medium periods and a fine not to exceed Four hundred thousand
pesos (P400,000), if the counterfeited coins be any of the coinage of the Philippines.

"ART. 154. Unlawful use of means of publication and unlawful utterances.- The penalty of arresto mayor and a
fine ranging from Forty thousand pesos (P40, 000) to Two hundred thousand pesos (P200, 000) shall be
imposed upon:
"2. Prision correccional in its minimum period and a fine not to exceed Two hundred thousand pesos
(P200,000), if the counterfeited coin be currency of a foreign country."
SEC. 21. Article 164 of the same Act is hereby amended to read as follows:

"1. Any person who by means of printing, lithography, or any other means of publication shall publish
or cause to be published as news any false news which may endanger the public order, or cause damage
to the interest or credit of the State; "ART. 164. Mutilation of coins; Importation and utterance of mutilated coins. - The penalty of prision correccional in
its minimum period and a fine not to exceed Four hundred thousand pesos (P400,000) shall be imposed
"2. Any person who by the same means, or by words, utterances or speeches shall encourage disobedience upon any person who shall mutilate coins of the legal currency of the Philippines or import or utter
to the law or to the constituted authorities or praise, justify, or extol any act punished by law; mutilated current coins, or in connivance with mutilators or importers."

"3. Any person who shall maliciously publish or cause to be published any official resolution or document SEC. 22. Article 166 of the same Act is hereby amended to read as follows:
without proper authority, or before they have been published officially; or

"4. Any person who shall print, publish, or distribute or cause to be printed, published, or distributed
books, pamphlets, periodicals, or leaflets which do not bear the real printer's name, or which are classified
as anonymous." "ART. 166. Forging treasury or bank notes or other documents payable to bearer; Importing, and uttering such false or
forged notes and documents. - The forging or falsification of treasury or bank notes or certificates or other
obligations and securities payable to bearer and the importation and uttering in connivance with forgers
or importers of such false or forged obligations or notes, shall be punished as follows:
"1. By reclusion temporal in its minimum period and a fine not to exceed Two million pesos (P2,000,000), if
the document which has been falsified, counterfeited, or altered is an obligation or security of the
Philippines.
"The words obligation or security of the Philippines' shall mean all bonds, certificates of indebtedness,
national bank notes, coupons., Philippine notes, treasury notes, fractional notes, certificates of deposit,
bills, checks, or drafts for money, drawn by or upon authorized officers of the Philippines, and other
representatives of value, of whatever denomination, which have been or may be issued under any act of
Congress.
"2. By prision mayor in its maximum period and a fine not to exceed One million pesos (P1,000,000), if the
falsified or altered document is a circulating note issued by any banking association duly authorized by
law to issue the same.
"3. By prision mayor in its medium period and a fine not to exceed One million pesos (P1,000,000),if the
falsified or counterfeited document was issued by a foreign government.
"4. By prision mayor in its minimum period and a fine not to exceed Four hundred thousand pesos
(P400,000), when the forged or altered document is a circulating note or bill issued by a foreign bank duly
authorized therefor."
SEC. 23. Article 167 of the same Act is hereby amended to read as follows:
"ART. 167. Counterfeiting, importing and uttering instruments not payable to bearer. - Any person who shall forge,
import or utter, in connivance with the forgers or importers, any instrument payable to order or other
document of credit not payable to bearer, shall suffer the penalties of prision correccional in its medium and
maximum periods and a fine not exceeding One million two hundred thousand pesos (P1,200,000)."
SEC. 24. Article 170 of the same Act is hereby amended to read as follows:
"ART. 170. Falsification of legislative documents. — The penalty of prision correccional in its maximum period
and a fine not exceeding One million two hundred thousand pesos (P1,200,000) shall be imposed upon
any person who, without proper authority therefor alters any bill, resolution or ordinance enacted or
approved or pending approval by either House of Congress or any provincial board or municipal council."
SEC. 25. Article 171 of the same Act is hereby amended to read as follows:
"ART. 171. Falsification- by public officer, employee or notary or ecclesiastic minister. - The penalty of prision
mayor and a fine not to exceed One million pesos (P1,000,000) shall be imposed upon any public officer,
employee, or notary who, taking- advantage of his official position, shall falsify a document by committing
any of the following acts:
"1. Counterfeiting or imitating any handwriting, signature or rubric:
"2. Causing it to appear that persons have participated in any act or proceeding when they did not in fact
so participate;
"3. Attributing to persons who have participated in an act or proceeding statements other than those in
fact made by them;
"4. Making untruthful statements in a narration of facts;
"5. Altering true dates;
"6. Making any alteration or intercalation in a genuine document which changes its meaning;
"7. Issuing in an authenticated form a document purporting to be a copy of an original document when
no such original exists, or including in such a copy a statement contrary to, or different from, that of the
genuine original; or
"8. Intercalating any instrument or note relative to the issuance thereof in a protocol, registry, or official
book.
"The same penalty shall be imposed upon any ecclesiastical minister who shall commit any of the offenses
enumerated in the preceding paragraphs of this article, with respect to any record or document, of such
character that its falsification may affect the civil status of persons."
SEC. 26. Article 172 of the same Act is hereby amended to read as follows:
"ART. 172. Falsification by private individual and use of falsified documents. - The penalty of prision correccional in
its medium and maximum periods and a fine of not more than One million pesos (P1,000.000) shall be
imposed upon:
"1. Any private individual who shall commit any of the falsifications enumerated in the next preceding
article in any public or official document or letter of exchange or any other kind of commercial document;
"2. Any person who, to the damage of a third party, or with the intent to cause such damage, shall in any
private document, commit any of the acts of falsification enumerated in the next preceding article; and
"3. Any person who shall knowingly introduce in evidence in any judicial proceeding or to the damage of
another or who, with the intent to cause such damage, shall use any of the false documents embraced in
the next preceding article, or in any of the foregoing subdivisions of this article, shall be punished by the
penalty next lower in degree."
SEC 27. Article 174 of the same Act is hereby amended to read as follows:
“ART. 174. False medical certificates, false certificates of merits or service, etc. - The penalties of arresto mayor in its
maximum period to prision correccional in its minimum period and a fine not to exceed Two hundred
thousand pesos (P200.000) shall be imposed upon:
"1. Any physician or surgeon who, in connection with the practice of his profession, shall issue a false
certificate; and
"2 . Any public officer who shall issue a false certificate of merit of service, good conduct or similar
circumstances,"
"The penalty of arresto mayor shall be imposed upon any private person who shall falsify a certificate falling
within the classes mentioned in the two (2) preceding subdivisions."
SEC. 28. Article 176 of the same Act is hereby amended to read as follows:
"ART. 176. Manufacturing and possession of instruments or implements for falsification. - The penalty of prision
correccional in its medium and maximum periods and a fine not to exceed One million pesos (P1,000,000)
shall be imposed upon any person who shall make or introduce into the Philippines any stamps, dies,
marks, or other instruments or implements intended to be used in the commission of the offenses of
counterfeiting or falsification mentioned in the preceding sections of this Chapter.
"Any person who, with the intention of using them, shall have in his possession any of the instruments
or implements mentioned in the preceding paragraphs, shall suffer the penalty next lower in degree than
that provided therein."
SEC. 29. Article 178 of the same Act is hereby amended to read as follows:
"ART. 178. Using fictitious name and concealing true name, - The penalty of arresto mayorand a fine not to exceed
One hundred thousand pesos (P100,000) shall be imposed upon any person who shall publicly use a
fictitious name for the purpose of concealing a crime, evading the execution of a judgment or causing
damage.
"Any person who conceals his true name and other personal circumstances shall be punished by arresto
menor or a fine not to exceed Forty thousand pesos (P40,000)."
SEC. 30. Article 180 of the same Act is hereby amended to read as follows:
"ART. 180. False testimony against a defendant. - Any person who shall give false testimony against the
defendant in any criminal case shall suffer:
"1. The penalty of reclusion temporal, if the defendant in said case shall have been sentenced to death;
“2. The penalty of prision mayor, if the defendant shall have been sentenced to reclusiontemporal or reclusion
perpetua:
"3. The penalty of prision correccional, if the defendant shall have been sentenced to any other afflictive
penalty: and
"4. The penalty of arresto mayor, if the defendant shall have been sentenced to a correctional penalty or a
fine, or shall have been acquitted.
"In cases provided in subdivisions 3 and 4 of this article the offender shall further suffer a fine not to
exceed Two hundred thousand pesos (P200,000)."
SEC. 31. Article 181of the same Act is hereby amended to read as follows:
“ART. 181. False testimony favorable to the defendant. - Any person who shall give false testimony in favor of
the defendant in a criminal case, shall suffer the penalties of arresto mayor in its maximum period to prision
correccional in its minimum period and a fine not to exceed Two hundred thousand pesos (P200,000), if
the prosecution is for a felony punishable by an afflictive penalty, and the penalty of arresto mayorin any
other case."
SEC. 32. Article 182 of the same Act is hereby amended to read as follows:
''ART. 182. False testimony in civil cases. - Any person found guilty of false testimony in a civil case shall
suffer the penalty of prision correccional in its minimum period and a fine not to exceed One million two
hundred thousand pesos (P1,200.000), if the amount in controversy shall exceed One million pesos
(P1,000.000), and the penalty of arresto mayorin its maximum period to prision correccional in its minimum
period and a fine not to exceed Two hundred thousand pesos (P200.000), if the amount in controversy
shall not exceed said amount, or cannot be estimated."
SEC. 33. Article 187 of the same Act is hereby amended to read as follows;
"ART. 187. Importation and disposition of falsely marked articles or merchandise made of gold, silver, or other precious
metals or their alloys. — The penalty of prision correccional or a fine ranging from Forty thousand pesos
(P40,000) to Two hundred thousand pesos (P200.000), or both, shall be imposed upon any person who
shall knowingly import or sell or dispose of any article or merchandise made of gold, silver, or other
precious metals, or their alloys, with stamps, brands, or marks which fail to indicate the actual fineness or
quality of said metals or alloys.
"Any stamp, brand, label, or mark shall be deemed to fail to indicate the actual fineness of the article on
which it is engraved, printed, stamped, labeled or attached, when the test of the article shows that the
quality or fineness thereof is less by more than one-half karat, if made of gold, and less by more than four
one-thousandth, if made of silver, than what is shown by said stamp, brand, label or mark. But in case of
watch cases and flatware made of gold, the actual fineness of such gold shall not be less by more than
three one-thousandth than the fineness indicated by said stamp, brand, label, or mark."
SEC. 34. Article 201 of the same Act, as amended by Presidential Decree Nos. 960 and 969. is hereby
further amended to read as follows:
"ART. 201. Immoral doctrines, obscene publications and exhibitions and indecent shows. -The penalty of prision
mayor or a fine ranging from Twenty thousand pesos (P20,000) to Two hundred thousand pesos
(P200,000), or both such imprisonment and fine, shall be imposed upon:
"1. Those who shall publiclyexpound or proclaim doctrines openly contrary to public morals;
"2. a. The authors of obscene literature, published with their knowledge in any form: the editors
publishing such literature; and the owners/ operators of the establishment selling the same;
"b. Those who. in theaters, fairs, cinematographs or any other place, exhibit indecent or immoral plays, "(a) Demanding, directly or indirectly, the payment of sums different from or larger than those authorized
scenes, acts or shows, it being understood that the obscene literature or indecent or immoral plays, scenes, by law.
acts or shows, whether live or in film, which are prescribed by virtue hereof, shall include those which:
(1) glorify criminals or condone crimes; (2) serve no other purpose but to satisfy the market for violence,
"(b) Failing voluntarily to issue a receipt, as provided by law. for any sum of money collected by him
lust or pornography: (3) offend any race or religion: (4) tend to abet traffic in and use of prohibited drugs:
officially.
and (5) are contrary to law, public order, morals, and good customs, established policies, lawful orders,
decrees and edicts; and
"(c) Collecting or receiving, directly or indirectly, by way of payment or otherwise things or objects of a
nature different from that provided by law.
"3. Those who shall sell, give away or exhibit films, prints, engravings, sculpture or literature which are
offensive to morals."
"When the culprit is an officer or employee of the Bureau of Internal Revenue or the Bureau of Customs,
the provisions of the Administrative Code shall be applied."
SEC. 35. Article 202 of the same Act. as amended, is hereby further amended to read as follows:

SEC. 38. Article 215 of the same Act is hereby amended to read as follows:
"ART. 202. Prostitutes; Penalty. - For the purpose of this article, women who, for money or profit, habitually
indulge in sexual intercourse or lascivious conduct, are deemed to be prostitutes.
"ART. 215. Prohibited transactions. - The penalty of prision correccional in its minimum period or a fine ranging
from Forty thousand pesos (P40,000) to Two hundred thousand pesos (P200,000), or both., shall be
"Any person found guilty of any of the offenses covered by this article shall be punished by arresto menor or
imposed upon any appointive public officer who, during his incumbency, shall directly or indirectly
a fine not exceeding Twenty thousand pesos (P20,000). and in case of recidivism, by arresto mayor in its
become interested in any transaction of exchange or speculation within the territory subject to his
medium period to prision correccional in its minimum period or a fine ranging from Twenty thousand pesos
jurisdiction."
(P20,000) to Two hundred thousand pesos (P200,000), or both, in the discretion of the court."

SEC. 39. Article 216 of the same Act is hereby amended to read as follows:
SEC. 36. Article 209 of the same Act jb hereby amended to read as follows:

"ART. 216. Possession of prohibited interest by a public officer. — The penalty of arresto mayor in its medium
"ART. 209. Betrayal of trust by an attorney or solicitor. - Revelation of secrets. - In addition to the proper
period to prision correccional in its minimum period, or a fine ranging from Forty thousand pesos (P40,000)
administrative action, the penalty of prision correccional in its minimum period, or a fine ranging from Forty
to Two hundred thousand pesos (P200,000) or both, shall be imposed upon a public officer who directly
thousand pesos (P40,000) to Two hundred thousand pesos (P200,000), or both, shall be imposed upon
or indirectly, shall become interested in any contract or business in which it is his official duty to intervene.
any attorney-at-law or any person dulyauthorized to represent and/or assist a party to a case who, by any
malicious breach of professional duty or of inexcusable negligence or ignorance, shall prejudice his client,
or reveal any of the secrets of the latter learned by him in his professional capacity. "This provision is applicable to experts, arbitrators and private accountants who, in like manner, shall
take part in any contract or transaction connected with the estate or property in appraisal, distribution
or adjudication of which they shall have acted, and to guardians and executors with respect to the property
"The same penalty shall be imposed upon an attorney-at4aw or any person duly authorized to represent
belonging to their wards or estate.''
and/or assist a party to a case who, having undertaken the defense of a client or having received
confidential information from said client in a case, shall undertake the defense of the opposing party in
the same case, without the consent of his first client." SEC. 40. Article 217 of the same Act., as amended by Republic Act No. 1060, is hereby further amended
to read as follows:
SEC. 37. Article 213 of the same Act is hereby amended to read as follows:
"ART. 217. Malversation of public funds or property. - Presumption of malversation. - Any public officer who, by
reason of the duties of his office, is accountable for public funds or property, shall appropriate the same,
“ART. 213. Frauds against the public treasury and similar offenses. - The penalty of prisioncorreccional in its medium
or shall take or misappropriate or shall consent, through abandonment or negligence, shall permit any
period to prision mayor in its minimum period, or a fine ranging from Forty thousand pesos (P40.000)to
other person to take such public funds or property, wholly or partially, or shall otherwise be guilty of the
Two million pesos (P2,000,000), or both, shall be imposed upon any public officer who:
misappropriation or malversation of such funds or property, shall suffer:

"1. In his official capacity, in dealing with any person with regard to furnishing supplies, the making of
"1. The penalty of prision correccional in its medium and maximum periods, if the amount involved in the
contracts, or the adjustment or settlement of accounts relating to public property or funds, shall enter
misappropriation or malversation does not exceed Forty thousand pesos (P40,000).
into an agreement with any interested party or speculator or make use of any other scheme, to defraud
the Government:
"2. The penalty of prision mayor in its minimum and medium periods, if the amount involved is more than
Forty thousand pesos (P40,000) but does not exceed One million two hundred thousand pesos
''2. Being entrusted with the collection of taxes, licenses, fees and other imposts, shall be guilty of any of
(P1,200,000).
the following acts or omissions:
"3. The penalty of prision mayor in its maximum period to reclusion temporal in its minimum period, if the SEC. 44. Article 226 of the same Act is hereby amended to read as follows:
amount involved is more than One million two hundred thousand pesos (P1,200,000) but does not exceed
Two million four hundred thousand pesos (P2,400.000).
"ART. 226. Removal, concealment, or destruction of documents. - Any public officer who shall remove, destroy
or conceal documents or papers officially entrusted to him, shall suffer:
"4. The penalty of reclusion temporal, in its medium and maximum periods, if the amount involved is more
than Two million four hundred thousand pesos (P2,400,000) but does not exceed Four million four
"1. The penalty of prision mayor and a fine not exceeding Two hundred thousand pesos (P200,000),
hundred thousand pesos (P4,400,000).
whenever serious damage shall have been caused thereby to a third party or to the public interest.

"5. The penalty of reclusion temporal in its maximum period, if the amount involved is more than Four
“ 2. The penalty of prision correccional in its minimum and medium period and a fine not exceeding Two
million four hundred thousand pesos (P4,400,000) but does not exceed Eight million eight hundred
hundred thousand pesos (P200.000). whenever the damage caused to a third party or to the public interest
thousand pesos (P8,800,000). If the amount exceeds the latter, the penalty shall be reclusion perpetua.
shall not have been serious.

"In all cases, persons guilty of malversation shall, also suffer the penalty of perpetual special
"In either case, the additional penalty of temporary special disqualification in its maximum period to
disqualification and a fine equal to the amount of the funds malversed or equal to the total value of the
perpetual disqualification shall be imposed.'
property embezzled.

"The failure of a public officer to have duly forthcoming any public funds or property with which he is
chargeable, upon demand by any duly authorized officer, shall be prima facie evidence that he has put such
missing funds or property to personal uses."
SEC. 41. Article 218 of the same Act is hereby amended to read as follows:
SEC. 45. Article 227 of the same Act is hereby amended to read as follows:
''ART. 227. Officer breaking seal. - Any public officer charged with the custody of papers or property sealed
by proper authority, who shall break the seals or permit them to be broken, shall suffer the penalties of
prision correccional in its minimum and medium periods, temporary special disqualification and a fine not
exceeding Four hundred thousand pesos (P400,000)."

"ART. 218. Failure of accountable officer to render accounts. - Any public officer, whether in the service or
separated therefrom by resignation or any other cause, who is required by law or regulation to render
account to the Commission on Audit, or to a provincial auditor and who fails to do so for a period of
two (2) months after such accounts should be rendered, shall be punished by prision correccional in its
minimum period, or by a fine ranging from Forty thousand pesos (P40,000) to One million two hundred
thousand pesos (Pi,200,000), or both/ 1
SEC. 42. Article 219 of the same Act is hereby amended to read as follows:
“ ART. 219. Failure of a responsible public officer to render accounts before leaving the country. - Any public officer
who unlawfully leaves or attempts to leave the Philippines without securing a certificate from the
Commission on Audit showing that his accounts have been finally settled, shall be punished by arresto
mayor, or a fine ranging from Forty thousand pesos (P40,000) to Two hundred thousand pesos (P200,000),
or both."
SEC. 43. Article 221 of the same Act is hereby amended to read as follows:
"ART. 221. Failure to make delivery of public funds or property. — Any public officer under obligation to make
payment from Government funds in his possession,, who shall fail to make such payment, shall be
punished by arresto mayor and a fine from five (5) to twenty-five (25) percent of the sum which he failed
to pay.
"This provision shall apply to any public officer who, being ordered by competent authority to deliver
any property in his custody or under his administration, shall refuse to make such delivery.
SEC. 46. Article 228 of the same Act is hereby amended to read as follows:
"ART. 228. Opening of closed documents. - Any public officer not included in the provisions of the next
preceding article who, without proper authority, shall open or shall permit to be opened any closed papers,
documents or objects entrusted to his custody, shall suffer the penalties of arresto mayor, temporary special
disqualification and a fine not exceeding Four hundred thousand pesos (P400,000)."
SEC. 47. Article 229 of the same Act is hereby amended to read as follows:
"ART. 229. Revelation of secrets by an officer. - Any public officer who shall reveal any secret known to him
by reason of his official capacity, or shall wrongfully deliver papers or copies of papers of which he may
have charge and which should not. be published, shall suffer the penalties of prision correccional in its
medium and maximum periods, perpetual special disqualification and a fine not exceeding Four hundred
thousand pesos (P400,000) if the revelation of such secrets or the delivery of such papers shall have
caused serious damage to the public interest: otherwise, the penalties of prision correccional in its minimum
period, temporary special, disqualification and a fine not exceeding One hundred thousand pesos
(P100.000) shall be imposed."
SEC. 48. Article 230 of the same Act is hereby amended to read as follows:
"ART. 230. Public officer revealing secrets of private individual. - Any public officer to whom the secrets of any
private individual shall become known by reason of his office who shall reveal such secrets. shall suffer
the penalties of arresto mayor and a fine not exceeding Two hundred thousand pesos (P200,000)."

SEC. 49. Article 231 of the same Act is hereby amended to read as follows:
"The fine shall be graduated in such ease by the value of the thing: Provided, That it shall not be less than
Ten thousand pesos (P 10,000)."
"ART. 231. Open disobedience. - Any judicial or executive officer who shall openly refuse to execute the minimum period, special temporary disqualification in its minimum period and a fine not exceeding One
judgment, decision or order of any superior authority made within the scope of the jurisdiction of the hundred thousand pesos (P100,000)
latter and issued with all the legal formalities, shall suffer the penalties of arresto mayor in its medium period
to prision correccional in its minimum period, temporary special disqualification in its maximum period and
SEC. 55. Article 239 of the same Act is hereby amended to read as follows:
a fine not. exceeding Two hundred thousand pesos (P200,000)."

SEC. 50. Article 233 of the same Act is hereby amended to read as follows:
"ART. 233. 'Refusal of assistance. - The penalties of arresto mayor in its medium period toprision correccional in
its minimum period, perpetual special disqualification and a fine not exceeding Two hundred thousand
pesos (P200,000), shall be imposed upon a public officer who. upon demand from competent authority,
shall fail to lend his cooperation towards the administration of justice or other public service, if such
failure shall result in serious damage to the public interest, or to a third party: otherwise, arresto mayor in
its medium and maximum periods and a fine not exceeding One hundred thousand pesos (P 100,000)
shall be imposed."
SEC. 51. Article 234 of the same Act is hereby amended to read as follows:
"ART. 239. Usurpation of legislative powers. - The penalties of prision correccional in its minimum period,
temporary special disqualification and a fine not exceeding Two hundred thousand pesos (P200,000).
shall be imposed upon any public officer who shall encroach upon the powers of the legislative branch
of the Government, either by making general rules or regulations beyond the scope of his authority, or
by attempting to repeal a law or suspending the execution thereof."
SEC. 56. Article 242 of the same Act is hereby amended to read as follows:
"ART. 242. Disobeying request for disqualification: - Any public officer who, before the question of jurisdiction
is decided, shall continue any proceeding after having been lawfully required to refrain from so doing,
shall be punished by arresto mayor and a fine not exceeding One hundred thousand pesos (P100,000)."

“ART. 234. Refusal to discharge elective office. - The penalty of arresto mayor or a fine not exceeding Two
hundred thousand pesos (P200,000), or both, shall be imposed upon any person who. having been elected
by popular election to a public office, shall refuse without legal motive to be sworn in or to discharge the
duties of said office."
SEC. 52. Article 235 of the same Act, as amended by Executive Order No. 62. is hereby further amended
to read as follows:
“ART. 235. Maltreatment of prisoners. - The penalty of prision correccional in its medium period to prision
mayor in its minimum period, in addition to his liability for the physical injuries or damage caused, shall be
imposed upon any public officer or employee who shall overdo himself in the correction or handling of
a prisoner or detention prisoner under his charge, by the imposition of punishments not authorized by
the regulations, or by inflicting such punishments in a cruel and humiliating manner.
"If the purpose of the maltreatment is to extort a confession, or to obtain some information from the
prisoner, the offender shall be punished by prision mayor in its minimum period, temporary special
disqualification and a fine not exceeding One hundred thousand pesos (P100,000), in addition to his
liability for the physical injuries or damage caused."
SEC. 53. Article 236 of the same Act is hereby amended to read as follows:
"ART. 236. Anticipation of duties of a public office. - Any person who shall assume the performance of the
duties and powers of any public officer or employment, without first, being sworn in or having given the
bond required by law. shall be suspended from such office or employment until he shall have complied
with the respective formalities and shall be fined from Forty thousand pesos (P40,000) to One hundred
thousand pesos (P100,000)."
SEC. 54. Article 237 of the same Act is hereby amended to read as follows:
"ART. 237. Prolonging performance of duties and powers. - Any public officer who shall continue to exercise the
duties and powers of his office, employment or commission, beyond the period provided by law.
regulation or special provisions applicable to the case, shall suffer the penalties of prision correccional in its
SEC. 57. Article 243 of the same Act is hereby amended to read as follows:
"ART. 243. Orders or requests by executive officers to any judicial authority. - Any executive officer who shall
address any order or suggestion to any judicial authority with respect, to any case or business coming
within the exclusive jurisdiction of the courts of justice shall suffer the penalty of arresto mayor and a fine
not exceeding One hundred thousand pesos (P100,000).”
SEC. 58. Article 244 of the same Act is hereby amended to read as follows:
"ART. 244. Unlawful appointments. - Any public officer who shall knowingly nominate or appoint to any
public office any person lacking the legal qualifications therefor, shal] suffer the penalty of arresto
mayor and a fine not exceeding Two hundred thousand pesos (P200,000)."
SEC. 59. Article 259 of the same Act is hereby amended to read as follows:
"ART. 259. Abortion practiced by a physician or midwife and dispensing of abortives. - The penalties provided in
Article 256 shall be imposed in its maximum period, respectively, upon any physician or midwife who,
taking advantage of their scientific knowledge or skill, shall cause an abortion or assist in causing the
same."
“ Any pharmacist who, without the proper prescription from a physician, shall dispense any abortive shall
suffer arresto mayor and a fine not exceeding One hundred thousand pesos (P100,000)."
SEC. 60. Article 265 of the .same Act is hereby amended to read as follows:
"ART. 265. Less serious physical injuries. - Any person who shall inflict upon another physical injuries not
described in the preceding articles, but which shall incapacitate the offended party for labor for ten (10)
days or more, or shall require medical assistance for the same period, shall be guilty of less serious physical
injuries and shall suffer the penalty of arresto mayor."
"Whenever less serious physical injuries shall have been inflicted with the manifest intent to insult or
offend the injured person, or under circumstances adding ignominy to the offense, in addition to the
penalty of arresto mayor, a fine not exceeding Fifty thousand pesos (P50,000) shall be imposed.”
"Any less serious physical injuries inflicted upon the offenders parents, ascendants, guardians, curators,
teachers, or persons of rank, or persons in authority, shall be punished by prision correccional in its minimum
and medium periods: Provided, That in the case of persons in authority, the deed does not constitute the
crime of assault upon such persons.”
SEC. 61. Article 266 of the same Act is hereby amended to read as follows:
"ART. 266. Slight physical injuries and maltreatment. - The crime of slight physical injuries shall be punished:
"1. By arresto menor when the offender has inflicted physical injuries which shall incapacitate the offended
party for labor from one (1) to nine (9) days, or shall require medical attendance during the same period.
"2. By arresto menor or a fine not exceeding Forty thousand pesos (P40,000) and censure when the offender
has caused physical injuries which do not prevent the offended party from engaging in his habitual work
nor require medical assistance.
“3. By arresto menor in its minimum period or a fine not exceeding Five thousand pesos (P5,000) when the
offender shall ill-treat another by deed without causing any injury."
SEC. 62. Article 268 of the same Act. as amended by Republic Act No. 18. is hereby further amended to
read as follows:
"ART- 268. Slight illegal detention. - The penalty of reelusion temporal shall be imposed upon any private
individual who shall commit the crimes described in the nest preceding article without the attendance of
any of the circumstances enumerated therein.
"The same penalty shall be incurred by anyone who shall furnish the place for the perpetration of the
crime.
''If the offender shall voluntarily release the person so kidnapped or detained within three (3) days from
the commencement of the detention, without having attained the purpose intended., and before the
institution of criminal proceeding's against him. the penalty shall be prision mayor in its minimum and
medium periods and a fine not exceeding One hundred thousand pesos (P100,000)."
SEC. 63. Article 269 of the same Act is hereby amended to read as follows:
“ART. 269. Unlawful arrest. - The penalty of arresto mayor and a fine not exceeding One hundred thousand
pesos (P100,000) shall be imposed upon any person who. in any case other than those authorized by law,
or without reasonable ground therefor, shall arrest or detain another for the purpose of delivering him to
the proper authorities."
SEC. 64. Article 271 of the same Act, as amended by Republic Act No. 18. is hereby further amended to
read as follows:
“ART. 271. Inducing a minor to abandon his home. - The penalty of prision correccional and a fine not exceeding
One hundred thousand pesos (P100.000) shall be imposed upon anyone who shall induce a minor to
abandon the home of his parents or guardians or the persons entrusted with his custody.”
"If the person committing any of the crimes covered by the two (2) preceding 1 articles shall be the father
or the mother of the minor, the penalty shall be arresto mayor or a fine not exceeding Forty thousand pesos
(P40,000) or both."
SEC. 65. Article 276 of the same Act is hereby amended to read as follows:
“ART, 276. Abandoning a minor. - The penalty of arresto mayor and a fine not exceeding One hundred
thousand pesos (P100,000) shall be imposed upon anyone who shall abandon a child under seven (7)
years of age. the custody of which is incumbent upon him.
"When the death of the minor shall result from such abandonment, the culprit shall be punished by prision
correccional in its medium and maximum periods: but if the life of the minor shall have been in danger only,
the penalty shall be prision correccional in its minimum and medium periods.
"The provisions contained in the two (2) preceding paragraphs shall not prevent the imposition of the
penalty provided for the act committed, when the same shall constitute a more serious offense.''
SEC. 66. Article 277 of the same Act is hereby amended to read as follows:
"ART. 277. Abandonment of minor by person entrusted with his custody; Indifference of parents. - The penalty
of arresto mayor and a fine not exceeding One hundred thousand pesos (P100,000) shall be imposed upon
anyone who. having charge of the rearing or education of a minor, shall deliver said minor to a public
institution or other persons, without the consent of the one who entrusted such, child to his care or in
the absence of the latter, without the consent of the proper authorities.”
"The same penalty shall be imposed upon the parents who shall neglect their children by not giving them
the education which their station in life requires and financial condition permits."'
SEC. 67. Article 278 of the same Act is hereby amended to read as follows:
"ART. 278. Exploitation of minors. - The penalty of prision correccional in its minimum and medium periods
and a fine not exceeding One hundred thousand pesos (P100,000) shall be imposed upon;
"1. Any person who shall cause any boy or girl under sixteen (16) years of age to perform any dangerous
feat of balancing, physical strength, or contortion.
“2. Any person who. being an acrobat, gymnast, rope-walker, diver, wild-animal tamer or circus manager
or engaged in a similar calling, shall employ in exhibitions of these kinds children under sixteen (16) years
of age who are not his children or descendants.
"3. Any person engaged in any of the callings enumerated in the next preceding paragraph who shall
employ any descendant of his under twelve (12) years of age in such dangerous exhibitions.
"4. Any ascendant, guardian, teacher or person entrusted in any capacity with the care of a child under "2. The penalty of arresto mayor and a fine not exceeding One hundred thousand pesos (P100,000) if the
sixteen (16) years of age who shall deliver such child gratuitously to any person following any of the threat shall not have been made subject to a condition.'"
callings enumerated in paragraph 2 hereof, or to any habitual vagrant or beggar.
SEC. 71. Article 285 of the same Act is hereby amended to read as follows:
''If the delivery shall have been made in consideration of any price, compensation, or promise, the penalty
shall in every case be imposed in its maximum period.
"ART. 285. Other light threats. - The penalty of arresto menor in its minimum period or a fine not exceeding
Forty thousand pesos (P40,000) shall be imposed upon:
"In either case, the guardian or curator convicted shall also be removed from office as guardian or curator;
and in the case of the parents of the child, they may be deprived, temporarily or perpetually, in the
"1. Any person who. without being included in the provisions of the next preceding article, shall threaten
discretion of the court, of their parental authority.
another with a weapon, or draw such weapon in a quarrel, unless it be in lawful self-defense.

"5. Any person who shall induce any child under sixteen (16) years of age to abandon the home of its
"2. Any person who, in the heat of anger, shall orally threaten another with some harm not constituting
ascendants, guardians, curators or teacher? to follow any person engaged in any of the callings mentioned
a crime, and who by subsequent acts shows that he did not persist, in the idea involved in his
in paragraph 2 hereof, or to accompany any habitual vagrant or beggar."
threat: Provided, That the circumstances of the offense shall not bring it within the provisions of Article
282 of this Code.
SEC. 88. Article 280 of the same Act is hereby amended to read as follows:
"3. Any person who shall orally threaten to do another any harm not constituting a felony."
"ART. 280. Qualified trespass to dwelling. - Any private person who shall enter the dwelling of another against
the latter's will, shall be punished by arresto mayor and a fine not exceeding Two hundred thousand pesos
SEC. 72. Article 286 of the same Act as amended by Republic Act No. 7890 is hereby further amended
(P200,000).
to read as follows:

"If the offense be committed by means of violence or intimidation, the penalty shall be prision correccional in
"ART. 286. Grave, coercions. - The penalty of prision correccional and a fine not exceeding One hundred
its medium and maximum periods and a fine not exceeding Two hundred thousand pesos (P200,000).
thousand pesos (P100,000) shall be imposed upon any person who without any authority of law shall, by
means of violence, threats, or intimidation, prevent another from doing something not prohibited by
"The provisions of this article shall not be applicable to any person who shall enter another's dwelling for law, or compel him to do something against his will, whether it be right or wrong.
the purpose of preventing some serious harm to himself, the occupants of the dwelling or & third person,
nor shall it be applicable to any person who shall enter a dwelling for the purpose of rendering some
"If the coercion be committed in violation of the exercise of the right of suffrage, or for the purpose of
service to humanity or justice, nor to anyone who shall enter cafes, taverns, inns and other public houses,
compelling another to perform any religious act, or to prevent him from exercising such right or from so
while the same are open."
doing such act the penalty next higher in degree shall be imposed.''

SEC. 69. Article 283, of the same Act is hereby amended to read as follows:
SEC. 73. Article 287 of the same Act is hereby amended to read as follows:

"ART. 281. Other forms of trespass. - The penalty of arresto menor or a fine not exceeding- Forty thousand
“ART. 287. Light coercions. - Any person who,, by means of violence, shall seize anything belonging to his
pesos (P40,000), or both, shal] be imposed upon any person who shall enter the closed premises or the
debtor for the purpose of applying the same to the payment of the debt, shall suffer the penalty of arresto
fenced estate of another, while either oi' both of them are uninhabited, if the prohibition to enter be
mayor in its minimum period and a fine equivalent to the value of the thing, but in no case less than Fifteen
manifest and the trespasser has not- secured the permission of the owner or the caretaker thereof."
thousand pesos (Pl5,000).

SEC. 70. Article 282 of the same Act is hereby amended to read as follows:
''Any other coercions or unjust vexations shall be punished by arresto menor or a fine ranging from One
thousand pesos (P1,000) to not more than Forty thousand pesos (P40,000) or both."
"ART. 282. Grave threats. - Any person who shall threaten another with the infliction upon the person,
honor or property of the latter or of his family of any wrong amounting to a crime, shall suffer:
SEC. 74, Article 288 of the same Act is hereby amended to read as follows:

"1. The penalty next lower in degree than that- prescribed by law for the crime he threatened to commit,
"ART. 288. Other similar coercions; (Compulsory purchase of merchandise and payment of wages by means of tokens). -
if the offender shall have made the threat demanding money or imposing any other condition, even
The penalty of arresto mayor or a fine ranging from Forty thousand pesos (P40.000) to One hundred
though not unlawful, and said offender shall have attained his purpose. If the offender shall not have
thousand pesos (P100,000), or both, shall be imposed upon any person, agent or officer of any association
attained his purpose, the penalty lower by two (2) degrees shall be imposed.
or corporation who shall force or compel, directly or indirectly, or shall knowingly permit any laborer or
employee employed by him or by such firm or corporation to be forced or compelled, to purchase
“If the threat be made in writing or through a middleman, the penalty shall be imposed in its maximum merchandise or commodities of any kind.
period.
"The same penalties shall be imposed upon any person who shall pay the wages due a laborer or employee "1. Through an opening not intended for entrance or egress.
employed by him, by means of tokens or objects other than the legal tender currency of the Philippines,
unless expressly requested by the laborer or employee."
"2. By breaking any wall, roof, or floor or breaking any door or window.

SEC. 75. Article 289 of the same Act is hereby amended to read as follows:
"3. By using false keys, pick locks or similar tools.

“ ART. 289. Formation, maintenance and prohibition of combination of capital or laborthrough violence or threats.
"4. By using any fictitious name or pretending the exercise of public authority.
— The penalty of arresto mayor and a fine not exceeding Sixty thousand pesos (P60,000) shall be imposed
upon any person who, for the purpose of organizing, maintaining or preventing coalitions of capital or
labor, strike of laborers or lock-out of employers, shall employ violence or threats in such a degree as to Or if -
compel or force the laborers or employees in the free and legal exercise of their industry or work, if the
act shall not constitute a more serious offense in accordance with the provisions of this Code." "(b) The robbery be committed under any of the following circumstances:

SEC. 76. Article 290 of the same Act is hereby amended to read as follows: "1, By the breaking of doors, wardrobes., chests, or any other kind of locked or sealed furniture or
receptacle.
"ART. 290. Discovering secrets through seizure of correspondence. - The penalty of prisioncorreccional in its minimum
and medium periods and a fine not exceeding One hundredthousand pesos (P100,000) shall be imposed "2. By taking such furniture or objects away to be broken or forced open outside the place of the robbery.
upon any private individual who in order to discover the secrets of another, shall seize his papers orletters
and reveal the contents thereof.
"When the offenders do not carry arms, and the value of the property taken exceeds Fifty thousand pesos
(P50,000) the penalty next lower in degree shall be imposed.
"If the offender shall not reveal such secrets, the penalty shall be arresto mayor and a fine not exceeding
One hundred thousand pesos (P100,000).
"The same rule shall be applied when the offenders are armed, but the value of the property taken does
not exceed Fifty thousand pesos (P50,000).
"This provision shall not be applicable to parents, guardians, or persons entrusted with the custody of
minors with respect to the papers or letters of the children or minors placed under their care or custody,
nor to spouses with respect to the papers or letters of either of them." "When said offenders do not carry arms and the value of the property taken does not exceed Fifty
thousand pesos (P50,000), they shall suffer the penalty prescribed in the two (2) next preceding
paragraphs, in its minimum period.
SEC. 77. Article 291 of the same Act is hereby amended to read as follows:

''If the robbery be committed in one of the dependencies of an inhabited house, public building, or
"ART. 291. Revealing secrets with abuse of office. - The penalty of arresto mayor and a fine not exceeding One building dedicated to religious worship, the penalties next lower in degree than those prescribed in this
hundred thousand pesos (P100,000) shall be imposed upon any manager, employee or servant who, in article shall be imposed."
such capacity, shall learn the secrets of his principal or master and shall reveal such secrets."

SEC. 80. Article 302 of the same Act, as amended by Commonwealth Act No. 417, is hereby further
SEC. 78. Article 292 of the same Act is hereby amended to read as follows: amended to read as follows:

"ART. 292. Revelation of industrial secrets. - The penalty of prision correccional in its minimum and medium “ART. 302. Robbery in an uninhabited place or in a. private building. - Any robbery committed in an uninhabited
periods and a fine not exceeding One hundred thousand pesos (P100,000) shall be imposed upon the place or in a building other than those mentioned in the first paragraph of Article 299 if the value of the
person in charge, employee or workman of any manufacturing or industrial establishment who. to the property taken exceeds Fifty thousand pesos (P50,000), shall be punished by prision correccional in its
prejudice of the owner thereof, shall reveal the secrets of the industry of the latter.'' medium and maximum periods provided that any of the following circumstances is present:

SEC. 79. Article 299 of the same Act. as amended by Republic Act No. 18, is hereby further amended to "1. If the entrance has been effected through any opening not intended for entrance or egress.
read as follows:

“2. If any wall, root floor or outside door or window has been broken.
“ART. 299. Robbery in an inhabited house or public building or edifice devoted to worship. - Any armed person who
shall commit robbery in an inhabited house or public building or edifice devoted to religious worship,
shall be punished by reclusion temporal, if the value of the property taken shall exceed Fifty thousand pesos "3. If the entrance has been effected through the use of false keys, picklocks or other similar tools.
(P50,000). and if -
"4. If any door, wardrobe, chest, or any sealed or closed furniture or receptacle has been broken.
"(a) The malefactors shall enter the house or building in which the robbery was committed, by any of the
following means:
"5. If any closed or sealed receptacle, as mentioned in the preceding paragraph, has been removed, even
if the same be broken open elsewhere.
''When the value of the property taken does not exceed Fifty thousand pesos (P50,000), the penalty next
lower in degree shall be imposed.
"In the cases specified in Articles 294. 295, 297. 299, 300, and 302 of this Code, when the property taken
is mail matter or large cattle, the offender shall suffer the penalties next higher in degree than those
provided in said articles."
SEC. 82. Article 31.1 of the same Act is hereby amended to read as follows:
"ART. 311. Theft of the property of the National Library and National Museum. - if the property stolen be any
property of the National Library or the National Museum, the penalty shall be arresto mayor or a fine
ranging from Forty thousand pesos (P40,000) to One hundred thousand pesos (P100,000), or both, unless
a higher penalty should be provided under other provisions of this Code, in which case, the offender shall
be punished by such higher penalty.”
SEC. 83. Article 312 of the same Act is hereby amended to read as follows:

SEC. 81. Article 309 of the same Act is hereby amended to read as follows:
"ART. 309. Penalties. - Any person guilty of theft shall be punished by:
"1. The penalty of prision mayor in its minimum and medium periods, if the value of the thing stolen is
more than One million two hundred thousand pesos (P1,200,000) but does not exceed Two million two
hundred thousand pesos (P2,200,000); but if the value of the thing stolen exceeds the latter amount, the
penalty shall be the maximum period of the one prescribed in this paragraph, and one (1) year for each
additional One million pesos (P1,000,000). but the total of the penalty which may be imposed shall not
exceed twenty (20) years. In such cases, and in connection with the accessory penalties which may be
imposed and for the purpose of the other provisions of this Code, the penalty shall be termed prision
mayor or reclusion temporal, as the case may be.
"2. The penalty of prision correccional in its medium and maximum periods, if the value of the thing stolen
is more than Six hundred thousand pesos (P600,000) but does not exceed One million two hundred
thousand pesos (P1,200,000).
"3. The penalty of prision correccional in its minimum and medium periods, if the value of the property
stolen is more than Twenty thousand pesos (P20,000) but does not exceed Six hundred thousand pesos
(P600 ,000).
"4. Arreslo mayor in its medium period to prision correccional in its minimum period, if the value of the
property stolen is over Five thousand pesos (P5,000) but does not exceed Twenty thousand pesos
(P20,000).
"5. Arresto mayor to its full extent, if such value is over Five hundred pesos (P500) but does not exceed
Five thousand pesos (P5,000).
"6. Arresto mayor in its minimum and medium periods, if such value does not exceed Five hundred pesos
(P500).
"ART. 312. Occupation of real property or usurpation of real rights in property. -Any person who, by means of
violence against or intimidation of persons, shall take possession of any real property or shall usurp any
real rights in property belonging to another, in addition to the penalty incurred for the acts of violence
executed by him, shall be punished by a fine from fifty (50) to one hundred (100) per centum of the gain
which he shall have obtained, but not less than Fifteen thousand pesos (P15,000).
"If the value of the gain cannot be ascertained, a fine from Forty thousand pesos (P40,000) to One
hundred thousand pesos (P100,000) shall be imposed."
SEC. 84, Article 313 of the same Act is hereby amended to read as follows:
''ART. 313. Altering boundaries or landmarks. - Any person who shall alter the boundary marks or
monuments of towns, provinces, or estates, or any other marks intended to designate the boundaries of
the same, shall be punished by arresto menor or a fine not exceeding Twenty thousand pesos (P20,000), or
both."
SEC. 85. Article 315 of the same Act. as amended by Republic Act No. 4885, Presidential Decree No.
1689, and Presidential Decree No. 818, is hereby further amended to read as follows:
"ART. 315. Swindling (estafa). - Any person who shall defraud another by any of the means mentioned
herein below shall be punished by:
"1st. The penalty of prision correccional in its maximum period to prision mayor in its minimum period, if the
amount of thefraud is over Two million four hundred thousand pesos (P2,400,000) but does not exceed
Four million four hundred thousand pesos (P4,400,000), and if such amount exceeds the latter sum, the
penalty provided in this paragraph shall be imposed in its maximum period, adding one year for each
additional Two million pesos (P2,000,000): but the total penalty which may be imposed shall not exceed
twenty years. In such eases, and in connection with the accessory penalties which may be imposed and
for the purpose of the other provisions of this Code, the penalty shall be termed prision mayor or reclusion
temporal as the case may be.

''2nd. The penalty of prision correccional in its minimum and medium periods, if the amount of the fraud is
"7. Arresto menor or a fine not exceeding Twenty thousand pesos (P20,000), if the theft is committed under
over One million two hundred thousand pesos (P1,200,000) but does not exceed Two million four
the circumstances enumerated in paragraph 3 of the next preceding article and the value of the thing
hundred thousand pesos (P2,400,000).
stolen does not exceed Five hundred pesos (P500). If such value exceeds said amount, the provisions of
any of the five preceding- subdivisions shall be made applicable.
"'3rd. The penalty of arresto mayor in its maximum period to prision correccional. in its minimum period, if
such amount is over Forty thousand pesos (P40,000) but does not exceed One million two hundred
"8. Arresto menor in its minimum period or a fine of not exceeding Five thousand pesos (P5,000), when
thousand pesos (P1,200,000).
the value of the thing stolen is not over Five hundred pesos (P500), and the offender shall have acted
under the impulse of hunger, poverty, or the difficulty of earning a livelihood for the support of himself
or his family."
"4th. By arresto mayor in its medium and maximum periods, if such amount does not exceed Forty
thousand pesos (P40,000): Provided, That in the four cases mentioned, the fraud be committed by any of
the following means.
"1. With unfaithfulness or abuse of confidence, namely:
"(a) By altering the substance, quantity, or quality of anything of value which the offender shall deliver by
virtue of an obligation to do so, even though such obligation be based on an immoral or illegal
consideration.
"(b) By misappropriating or converting, to the prejudice of another, money, goods, or any other personal
property received by the offender in trust or on commission, or for administration, or under any other
obligation involving the duty to make delivery of or to return the same, even though such obligation be
totally or partially guaranteed by a bond: or by denying having received such money, goods, or other
property.
"(c) By taking undue advantage of the signature of the offended party in blank, and by writing any
document above such signature in blank, to the prejudice of the offended party or any third person.
"2. By means of any of the following false pretenses or fraudulent acts executed prior to or simultaneously
with the commission of the fraud:
"(a) By using fictitious name, or falsely pretending to possess power, influence, qualifications, property,
credit, agency, business or imaginary transactions, or by means of other similar deceits.
"(b) By altering the quality, fineness or weight of anything pertaining to his art or business.
"(c) By pretending to have bribed any Government employee, without prejudice to the action for calumny
which the offended party may deem proper to bring against the offender. In this case, the offender shall
be punished by the maximum period of the penalty.
"(d) By postdating a check, or issuing a check in payment of an obligation when the offender had no
funds in the bank, or his funds deposited therein were not sufficient to cover the amount of the check.
The failure of the drawer of the check to deposit the amount necessary to cover his check within three (3)
days from receipt of notice from the bank and/or the payee or holder that said check has been dishonored
for lack or insufficiency of funds shall be prima facie evidence of deceit constituting false pretense or
fraudulent act.
"Any person who shall defraud another by means of false pretenses or fraudulent acts as defined in
paragraph 2(d) hereof shall be punished by:
"1st. The penalty of reclusion temporal in its maximum period, if the amount of fraud is over Four million
four hundred thousand pesos (P4,400,000) but does not exceed Eight million eight hundred thousand
pesos (P8,800,000). If the amount exceeds the latter, the penalty shall be reclusion perpetua.
"2nd. The penalty of reclusion temporal in its minimum and medium periods, if the amount of the fraud is
over Two million four hundred thousand pesos (P2,400.000) but does not exceed Four million four
hundred thousand pesos (P4,400,000).
"3rd. The penalty of prision mayor in its maximum period, if the amount of the fraud is over One million
two hundred thousand pesos (P 1,200,000) but does not exceed Two million four hundred thousand
pesos (P2,400,000).
"4th. The penalty of prision mayor in its medium period, if such amount is over Forty thousand pesos
(P40,000) but does not exceed One million two hundred thousand pesos (P1,200,000).
"5th. By prision mayor in its minimum period, if such amount does not exceed Forty thousand pesos
(P40.000).
Through any of the following fraudulent means:
"(a) By inducing another, by means of deceit, to sign any document.
"(b) By resorting to some fraudulent, practice to insure success in a gambling game.
"(c) By removing, concealing or destroying, in whole or in part, any court record, office files, document
or any other papers/'
SEC, 86. Article 318 of the same Act is hereby amended to read as follows:
"ART. 318. Other deceits. - The penalty of arresto mayor and a fine of not less than the amount of the damage
caused and not more than twice such amount, shall be imposed upon any person who shall defraud or
damage another by any other deceit not mentioned in the preceding articles of this Chapter.
“Any person who, for profit or gain, shall interpret dreams, make forecasts, tell fortunes, or take
advantage of the credulity of the public in any other similar manner, shall suffer the penalty of arresto
mayor or a fine not exceeding Forty thousand pesos (P40,000)."
SEC. 87. Article 328 of the same Act is hereby amended to read as follows:
"ART. 328. Special cases of malicious mischief. - Any person who shall cause damage to obstruct the
performance of public functions, or using any poisonous or corrosive substance; or spreading any
infection or contagion among cattle; or who causes damage to the property of the National Museum or
National Library, or to any archive or registry, waterworks, road, promenade, or any other thing used in
common by the public, shall be punished:
"1. By prision correccional in its minimum and medium periods, if the value of the damage caused exceeds
Two hundred thousand pesos (P200,000);
"2. By arresto mayor, if such value does not exceed the abovementioned amount but is over Forty thousand
pesos (P40,000): and
"3. By arresto menor. if such value does not exceed Forty thousand pesos (P40,000)
SEC. 88. Article 329 of the same Act. as amended by Commonwealth Act No. 3999, is hereby further
amended to read as follows:
"ART. 329. Other mischiefs. - The mischiefs not included in the next preceding article shall be punished:
"1. By arresto mayor in its medium and maximum periods, if the value of the damage caused exceeds Two
hundred thousand pesos (P200,000);
"2. By arresto mayor in its minimum and medium periods, if such value is over Forty thousand pesos
(P40,000) but does not exceed Two hundred thousand pesos (P200,000); and
"3) By arresto menor or a fine of not less than the value of the damage caused and not more than Forty
thousand pesos (P40,000), if the amount involved does not exceed Forty thousand pesos (P40,000) or
cannot be estimated."
SEC. 89. Article 331 of the same Act is hereby amended to read as follows:
"ART. 331. Destroyingor damaging statues, public monuments or paintings. - Any person who shall destroy or
damage statues or any other useful or ornamental public monument, shall suffer the penalty of arresto
mayor in its medium period to prision correccional in its minimum period.
"Any person who shall destroy or damage any useful or ornamental painting of a public nature shall suffer
the penalty of arresto menor or a fine not exceeding Forty thousand pesos (P40,000), or both such fine and
imprisonment, in the discretion of the court."
SEC. 90. Article 347 of the same Act is hereby amended to read as follows:
"ART. 347. Simulation of births, substitution of one child foranother and concealment orabandonment of a legitimate child.
- The simulation of births and the substitution of one child for another shall be punished by prision
mayor and a fine of not exceeding Two hundred thousand pesos (P200,000).
"The same penalties shall be imposed upon any person who shall conceal or abandon any legitimate child
with intent to cause such child to lose its civil status.
'"Any physician or surgeon or pub he officer who, in violation of the duties of his profession or office -
shall cooperate in the execution of any of the crimes mentioned in the two (2) next preceding paragraphs,
shall suffer the penalties therein prescribed and also the penalty of temporary special disqualification."
SEC. 91. Article 355 of the same Act is hereby amended to read as follows:
"ART. 355. Libel by means of writings or similar means. - A libel committed by means of writing, printing,
lithography, engraving, radio, phonograph, painting, theatrical exhibition., cinematographic exhibition, or
any similar means, shall be punished by prision correccional in its minimum and medium periods or a fine
ranging from Forty thousand pesos (P40,000) to One million two hundred thousand pesos (P1,200,000),
or both, in addition to the civil action which may be brought by the offended party.''
SEC. 92. Article 356 of the same Act is hereby amended to read as follows:
"ART. 356. Threatening to publish and offer to prevent such publication for a compensation. - The penalty of arresto
mayor or a fine from Forty thousand pesos (P40,000) to Four hundred thousand pesos (P400,000), or
both, shall be imposed upon any person who threatens another to publish a libel concerning him or the
parents, spouse, child, or other member of the family of the latter, or upon anyone who shall offer to
prevent the publication of such, libel for a compensation or money consideration."
SEC. 93. Article 357 of the same Act is hereby amended to read as follows:
“ ART. 357. Prohibited publication of acts referred to in the course of official proceedings. -The penalty of arresto
mayor or a fine of Forty thousand pesos (P40,000) to Two hundred thousand pesos (P200,000), or both,
shall be imposed upon any reporter, editor or manager of a newspaper, daily or magazine, who shall
publish facts connected with the private life of another and offensive to the honor, virtue and reputation
of said person, even though said publication be made in connection with or under the pretext that it is
necessary in the narration of any judicial or administrative proceedings wherein such facts have been
mentioned."
SEC. 94. Article 358 of the same Act is hereby amended to read as follows:
"ART. 358. Slander. - Oral defamation shall be punished by arresto mayor in its maximum period to prision
correccional in its minimum period if it is of a serious and insulting nature; otherwise the penalty shall
be arresto menor or a fine not exceeding Twenty thousand pesos (P20,000)."
SEC. 95. Article 359 of the same Act is hereby amended to read as follows:
"ART. 359. Slander by deed. - The penalty of arresto mayor in its maximum period to prision correccional in its
minimum period or a fine ranging from Twenty thousand pesos (P20,000) to One hundred thousand
pesos (P100,000) shall be imposed upon any person who shall perform any act not included and punished
in this title., which shall cast, dishonor, discredit or contempt upon another person. If said act is not of a
serious nature, the penalty shall be arresto menor or a fine not exceeding Twenty thousand pesos (P20,000)."
SEC. 96. Article 364 of the same Act is hereby amended to read as follows:
"ART. 364. Intriguing against honor. - The penalty of arresto menor or fine not exceeding Twenty thousand
pesos (P20,000) shall be imposed for any intrigue which has for its principal purpose to blemish the honor
or reputation of a person."
SEC. 97. Article 365 of the same Act, as amended by Republic Act No. 1790, is hereby further amended
to read as follows:
"ART. 365. Imprudence and negligence. - Any person who, by reckless imprudence, shall commit any act
which, had it been intentional, would constitute a grave felony, shall suffer the penalty of arresto mayor in
its maximum period to prision correccional in its medium period; if it would have constituted a less grave
felony, the penalty of arresto mayor in its minimum and medium periods shall be imposed; if it would have
constituted a light felony, the penalty of arresto menor in its maximum period shall be imposed.
"Any person who. by simple imprudence or negligence, shall commit an act which would otherwise
constitute a grave felony, shall suffer the penalty of arresto mayor in its medium and maximum periods; if
it would have constituted a less serious felony, the penalty of arresto mayor in its minimum period shall be
imposed.
"When the execution of the act covered by this article shall have only resulted in damage to the property
of another, the offender shall be punished by a fine ranging from an amount equal to the value of said
damages to three (3) times such value, but which shall in no case be less than Five thousand pesos
(P5,000).
"A fine not. exceeding Forty thousand pesos (P40,000) and censure shall be imposed upon any person,
who, by simple imprudence or negligence, shall cause some wrong which, if done maliciously, would have
constituted a light felony.

"In the imposition of these penalties, the court shall exercise their sound discretion, without regard to the
rules prescribed In Article 64.

"The provisions contained in this article shall not be applicable:

"1. When the penalty provided for the offense is equal to or lower than those provided in the first two
(2) paragraphs of this article, in which case the court shall impose the penalty next lower in degree than
that which should be imposed in the period which they may deem proper to apply.

"2. When, by imprudence or negligence and with violation of the Automobile Law, the death of a person
shall be caused, in which case the defendant shall be punished by prision correccional in its medium and
maximum periods.

''Reckless imprudence consists in voluntarily, but without malice, doing or failing to do an act from which
material damage results by reason of inexcusable lack of precaution on the part of the person performing
or failing to perform such act. taking into consideration his employment or occupation, degree of
intelligence, physical condition and other circumstances regarding persons, time and place.

"Simple imprudence consists in the lack of precaution displayed in those cases in which the damage
impending to be caused is not immediate nor the danger clearly manifest.

''The penalty next higher in degree to those provided for in this article shall be imposed upon the offender
who fails to lend on the spot to the injured parties such help as may be in his hands to give."

SEC. 98. Separability Clause. - Should any provision of this Act be declared invalid, the remaining
provisions shall continue to be valid and subsisting.

SEC. 99. Repealing Clause. - All laws, executive orders, or administrative orders, rules and regulations or
parts thereof, which are inconsistent with this Act are hereby amended, repealed or modified accordingly.

SEC. 100. Retroactive Effect. - This Act shall have retroactive effect to the extent that it is favorable to the
accused or person serving sentence by final judgment.

SEC. 101. Transitory Provision; Applicability to Pending Cases. - For cases pending before the courts upon the
effectivity of this Act where trial has already started, the courts hearing such cases shall not lose
jurisdiction over the same by virtue of this Act.

SEC. 102. Effectivity. - This Act shall take effect within fifteen (15) days after its publication in at least, two
(2) newspapers of general circulation.