5. Republic Act No.

9372 March 6, 2007

AN ACT TO SECURE THE STATE AND PROTECT OUR PEOPLE FROM TERRORISM

SECTION 1. Short Title. - This Act shall henceforth be known as the "Human Security Act of 2007."

SEC. 2. Declaration of Policy. - It is declared a policy of the State to protect life, liberty, and property from acts of terrorism, to condemn terrorism
as inimical and dangerous to the national security of the country and to the welfare of the people, and to make terrorism a crime against the
Filipino people, against humanity, and against the law of nations.

In the implementation of the policy stated above, the State shall uphold the basic rights and fundamental liberties of the people as enshrined in the
Constitution.

The State recognizes that the fight against terrorism requires a comprehensive approach, comprising political, economic, diplomatic, military, and
legal means duly taking into account the root causes of terrorism without acknowledging these as justifications for terrorist and/or criminal
activities. Such measures shall include conflict management and post-conflict peace-building, addressing the roots of conflict by building state
capacity and promoting equitable economic development.

Nothing in this Act shall be interpreted as a curtailment, restriction or diminution of constitutionally recognized powers of the executive branch of
the government. It is to be understood, however that the exercise of the constitutionally recognized powers of the executive department of the
government shall not prejudice respect for human rights which shall be absolute and protected at all times.

SEC. 3. Terrorism.- Any person who commits an act punishable under any of the following provisions of the Revised Penal Code:

a. Article 122 (Piracy in General and Mutiny in the High Seas or in the Philippine Waters);
b. Article 134 (Rebellion or Insurrection);
c. Article 134-a (Coup d' Etat), including acts committed by private persons;
d. Article 248 (Murder);
e. Article 267 (Kidnapping and Serious Illegal Detention);
f. Article 324 (Crimes Involving Destruction), or under
1. Presidential Decree No. 1613 (The Law on Arson);
2. Republic Act No. 6969 (Toxic Substances and Hazardous and Nuclear Waste Control Act of 1990);
3. Republic Act No. 5207, (Atomic Energy Regulatory and Liability Act of 1968);
4. Republic Act No. 6235 (Anti-Hijacking Law);
5. Presidential Decree No. 532 (Anti-Piracy and Anti-Highway Robbery Law of 1974); and,
6. Presidential Decree No. 1866, as amended (Decree Codifying the Laws on Illegal and Unlawful Possession, Manufacture, Dealing in, Acquisition or
Disposition of Firearms, Ammunitions or Explosives)thereby sowing and creating a condition of widespread and extraordinary fear and panic
among the populace, in order to coerce the government to give in to an unlawful demand shall be guilty of the crime of terrorism and shall suffer
the penalty of forty (40) years of imprisonment, without the benefit of parole as provided for under Act No. 4103, otherwise known as the
Indeterminate Sentence Law, as amended.

SEC. 4. Conspiracy to Commit Terrorism. - Persons who conspire to commit the crime of terrorism shall suffer the penalty of forty (40) years of
imprisonment.

There is conspiracy when two or more persons come to an agreement concerning the commission of the crime of terrorism as defined in Section 3
hereof and decide to commit the same.

SEC. 5. Accomplice. - Any person who, not being a principal under Article 17 of the Revised Penal Code or a conspirator as defined in Section 4
hereof, cooperates in the execution of either the crime of terrorism or conspiracy to commit terrorism by previous or simultaneous acts shall suffer
the penalty of from seventeen (17) years, four months one day to twenty (20) years of imprisonment.

SEC. 6. Accessory. - Any person who, having knowledge of the commission of the crime of terrorism or conspiracy to commit terrorism, and
without having participated therein, either as principal or accomplice under Articles 17 and 18 of the Revised Penal Code, takes part subsequent to
its commission in any of the following manner: (a) by profiting himself or assisting the offender to profit by the effects of the crime; (b) by
concealing or destroying the body of the crime, or the effects, or instruments thereof, in order to prevent its discovery; (c) by harboring,
concealing, or assisting in the escape of the principal or conspirator of the crime, shall suffer the penalty of ten (10) years and one day to twelve
(12) years of imprisonment.

Notwithstanding the above paragraph, the penalties prescribed for accessories shall not be imposed upon those who are such with respect to their
spouses, ascendants, descendants, legitimate, natural, and adopted brothers and sisters, or relatives by affinity within the same degrees, with the
single exception of accessories falling within the provisions of subparagraph (a).

SEC. 7. Surveillance of Suspects and Interception and Recording of Communications. -The provisions of Republic Act No. 4200 (Anti-Wire Tapping
Law) to the contrary notwithstanding, a police or law enforcement official and the members of his team may, upon a written order of the Court of
Appeals, listen to, intercept and record, with the use of any mode, form, kind or type of electronic or other surveillance equipment or intercepting
and tracking devices, or with the use of any other suitable ways and means for that purpose, any communication, message, conversation,
discussion, or spoken or written words between members of a judicially declared and outlawed terrorist organization, association, or group of
persons or of any person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism.

Provided, That surveillance, interception and recording of communications between lawyers and clients, doctors and patients, journalists and their
sources and confidential business correspondence shall not be authorized.

If no case is filed within the thirty (30)-day period, the applicant police or law enforcement official shall immediately notify the person subject of
the surveillance, interception and recording of the termination of the said surveillance, interception and recording. The penalty of ten (10) years
and one day to twelve (12) years of imprisonment shall be imposed upon the applicant police or law enforcement official who fails to notify the
person subject of the surveillance, monitoring, interception and recording as specified above..

SEC. 15. Evidentiary Value of Deposited Materials. - Any listened to, intercepted, and recorded communications, messages, conversations,
discussions, or spoken or written words, or any part or parts thereof, or any information or fact contained therein, including their existence,
content, substance, purport, effect, or meaning, which have been secured in violation of the pertinent provisions of this Act, shall absolutely not be
admissible and usable as evidence against anybody in any judicial, quasi-judicial, legislative, or administrative investigation, inquiry, proceeding, or
hearing.

SEC. 18. Period of Detention Without Judicial Warrant of Arrest. - The provisions of Article 125 of the Revised Penal Code to the contrary
notwithstanding, any police or law enforcement personnel, who, having been duly authorized in writing by the Anti-Terrorism Council has taken
custody of a person charged with or suspected of the crime of terrorism or the crime of conspiracy to commit terrorism shall, without incurring any
criminal liability for delay in the delivery of detained persons to the proper judicial authorities, deliver said charged or suspected person to the
proper judicial authority within a period of three days counted from the moment the said charged or suspected person has been apprehended or
arrested, detained, and taken into custody by the said police, or law enforcement personnel: Provided, That the arrest of those suspected of the
crime of terrorism or conspiracy to commit terrorism must result from the surveillance under Section 7 and examination of bank deposits under
Section 27 of this Act.

The police or law enforcement personnel concerned shall, before detaining the person suspected of the crime of terrorism, present him or her
before any judge at the latter's residence or office nearest the place where the arrest took place at any time of the day or night. It shall be the duty
of the judge, among other things, to ascertain the identity of the police or law enforcement personnel and the person or persons they have
arrested and presented before him or her, to inquire of them the reasons why they have arrested the person and determine by questioning and
personal observation whether or not the suspect has been subjected to any physical, moral or psychological torture by whom and why. The judge
shall then submit a written report of what he/she had observed when the subject was brought before him to the proper court that has jurisdiction
over the case of the person thus arrested. The judge shall forthwith submit his/her report within three calendar days from the time the suspect was
brought to his/her residence or office.

Immediately after taking custody of a person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism, the police or
law enforcement personnel shall notify in writing the judge of the court nearest the place of apprehension or arrest: Provided ,That where the
arrest is made during Saturdays, Sundays, holidays or after office hours, the written notice shall be served at the residence of the judge nearest the
place where the accused was arrested.

The penalty of ten (10) years and one day to twelve (12) years of imprisonment shall be imposed upon the police or law enforcement personnel
who fails to notify and judge as Provided in the preceding paragraph.

SEC. 19. Period of Detention in the Event of an Actual or Imminent Terrorist Attack. - In the event of an actual or imminent terrorist attack,
suspects may not be detained for more than three days without the written approval of a municipal, city, provincial or regional official of a Human
Rights Commission or judge of the municipal, regional trial court, the Sandiganbayan or a justice of the Court of Appeals nearest the place of the
arrest. If the arrest is made during Saturdays, Sundays, holidays or after office hours, the arresting police or law enforcement personnel shall bring
the person thus arrested to the residence of any of the officials mentioned above that is nearest the place where the accused was arrested. The
approval in writing of any of the said officials shall be secured by the police or law enforcement personnel concerned within five days after the date
of the detention of the persons concerned: Provided, however, That within three days after the detention the suspects, whose connection with the
terror attack or threat is not established, shall be released immediately.

SEC. 20. Penalty for Failure to Deliver Suspect to the Proper Judicial Authority within Three Days. - The penalty of ten (10) years and one day to
twelve (12) years of imprisonment shall be imposed upon any police or law enforcement personnel who has apprehended or arrested, detained
and taken custody of a person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism and fails to deliver such
charged or suspected person to the proper judicial authority within the period of three days.

SEC. 22. Penalty for Violation of the Rights of a Detainee. - Any police or law enforcement personnel, or any personnel of the police or other law
enforcement custodial unit that violates any of the aforesaid rights of a person charged with or suspected of the crime of terrorism or the crime of
conspiracy to commit terrorism shall be guilty of an offense and shall suffer the penalty of ten (10) years and one day to twelve (12) years of
imprisonment.

Unless the police or law enforcement personnel who violated the rights of a detainee or detainees as stated above is duly identified, the same
penalty shall be imposed on the police officer or hear or leader of the law enforcement unit having custody of the detainee at the time the
violation was done.

SEC. 26. Restriction on Travel. - In cases where evidence of guilt is not strong, and the person charged with the crime of terrorism or conspiracy to
commit terrorism is entitled to bail and is granted the same, the court, upon application by the prosecutor, shall limit the right of travel of the
accused to within the municipality or city where he resides or where the case is pending, in the interest of national security and public safety,
consistent with Article III, Section 6 of the Constitution. Travel outside of said municipality or city, without the authorization of the court, shall be
deemed a violation of the terms and conditions of his bail, which shall then be forfeited as provided under the Rules of Court.

He/she may also be placed under house arrest by order of the court at his or her usual place of residence.

While under house arrest, he or she may not use telephones, cellphones, e-mails, computers, the internet or other means of communications with
people outside the residence until otherwise ordered by the court.

The restrictions abovementioned shall be terminated upon the acquittal of the accused or of the dismissal of the case filed against him or earlier
upon the discretion of the court on motion of the prosecutor or of the accused.
SEC. 38. Penalty for False or Untruthful Statement or Misrepresentation of Material Fact in Joint Affidavits. - Any false or untruthful statement or
misrepresentation of material fact in the joint affidavits required respectively in Section 12 and Section 32 of this Act shall constitute a criminal
offense and the affiants shall suffer individually the penalty of ten (10) years and one day to twelve (12) years of imprisonment.

SEC. 39. Seizure and Sequestration. - The deposits and their outstanding balances, placements, trust accounts, assets, and records in any bank or
financial institution, moneys, businesses, transportation and communication equipment, supplies and other implements, and property of whatever
kind and nature belonging: (1) to any person suspected of or charged before a competent Regional Trial Court for the crime of terrorism or the
crime of conspiracy to commit terrorism; (2) to a judicially declared and outlawed organization, association, or group of persons; or (3) to a
member of such organization, association, or group of persons shall be seized, sequestered, and frozen in order to prevent their use, transfer, or
conveyance for purposes that are inimical to the safety and security of the people or injurious to the interest of the State.

The accused or a person suspected of may withdraw such sums as may be reasonably needed by the monthly needs of his family including the
services of his or her counsel and his or her family's medical needs upon approval of the court. He or she may also use any of his property that is
under seizure or sequestration or frozen because of his/her indictment as a terrorist upon permission of the court for any legitimate reason.

Any person who unjustifiably refuses to follow the order of the proper division of the Court of Appeals to allow the person accused of the crime of
terrorism or of the crime of conspiracy to commit terrorism to withdraw such sums from sequestered or frozen deposits, placements, trust
accounts, assets and records as may be necessary for the regular sustenance of his/her family or to use any of his/her property that has been
seized, sequestered or frozen for legitimate purposes while his/her case is pending shall suffer the penalty of ten (10) years and one day to twelve
(12) years of imprisonment.

SEC. 40. Nature of Seized. Sequestered and Frozen Bank Deposits, Placements, Trust Accounts, Assets and Records. - The seized, sequestered and
frozen bank deposits, placements, trust accounts, assets and records belonging to a person suspected of or charged with the crime of terrorism or
conspiracy to commit terrorism shall be deemed as property held in trust by the bank or financial institution for such person and the government
during the pendency of the investigation of the person suspected of or during the pendency of the trial of the person charged with any of the said
crimes, as the case may be and their use or disposition while the case is pending shall be subject to the approval of the court before which the case
or cases are pending.

SEC. 41. Disposition of the Seized, Sequestered and Frozen Bank Deposits, Placements, Trust Accounts, Assets and Record. - If the person
suspected of or charged with the crime of terrorism or conspiracy to commit terrorism is found, after his investigation, to be innocent by the
investigating body, or is acquitted, after his arraignment or his case is dismissed before his arraignment by a competent court, the seizure,
sequestration and freezing of his bank deposits, placements, trust accounts, assets and records shall forthwith be deemed lifted by the
investigating body or by the competent court, as the case may be, and his bank deposits, placements, trust accounts, assets and records shall be
deemed released from such seizure, sequestration and freezing, and shall be restored to him without any delay by the bank or financial institution
concerned without any further action on his part. The filing of any appeal on motion for reconsideration shall not state the release of said funds
from seizure, sequestration and freezing.

If the person charged with the crime of terrorism or conspiracy to commit terrorism is convicted by a final judgment of a competent trial court, his
seized, sequestered and frozen bank deposits, placements, trust accounts, assets and records shall be automatically forfeited in favor of the
government.

Upon his or her acquittal or the dismissal of the charges against him or her, the amount of Five hundred thousand pesos (P500.000.00) a day for
the period in which his properties, assets or funds were seized shall be paid to him on the concept of liquidated damages. The amount shall be
taken from the appropriations of the police or law enforcement agency that caused the filing of the enumerated charges against him/her.

SEC. 42. Penalty for Unjustified Refusal to Restore or Delay in Restoring Seized, Sequestered and Frozen Bank Deposits, Placements, Trust
Accounts, Assets and Records. - Any person who unjustifiably refuses to restore or delays the restoration of seized, sequestered and frozen bank
deposits, placements, trust accounts, assets and records of a person suspected of or charged with the crime of terrorism or conspiracy to commit
terrorism after such suspected person has been found innocent by the investigating body or after the case against such charged person has been
dismissed or after he is acquitted by a competent court shall suffer the penalty of ten (10) years and one day to twelve (12) years of imprisonment.

SEC. 43. Penalty for the Loss, Misuse, Diversion or Dissipation of Seized, Sequestered and Frozen Bank Deposits, Placements, Trust Accounts,
Assets and Records. - Any person who is responsible for the loss, misuse, diversion, or dissipation of the whole or any part of the seized,
sequestered and frozen bank deposits, placements, trust accounts, assets and records of a person suspected of or charged with the crime of
terrorism or conspiracy to commit terrorism shall suffer the penalty of ten (10) years and one day to twelve (12) years of imprisonment.

SEC. 44. Infidelity in the Custody of Detained Persons. - Any public officer who has direct custody of a detained person or under the provisions of
this Act and who by his deliberate act, misconduct, or inexcusable negligence causes or allows the escape of such detained person shall be guilty of
an offense and shall suffer the penalty of: (a) twelve (12) years and one day to twenty (20) years of imprisonment, if the detained person has
already been convicted and sentenced in a final judgment of a competent court; and (b) six years and one day to twelve (12) years of
imprisonment, if the detained person has not been convicted and sentenced in a final judgment of a competent court.

SEC. 45. Immunity and Protection of Government Witnesses. - The provisions of Republic Act No. 6981 (Witness Protection, Security and Benefits
Act) to the contrary notwithstanding, the immunity of government witnesses testifying under this Act shall be governed by Sections 17 and 18 of
Rule 119 of the Rules of Court: Provided, however, That said witnesses shall be entitled to benefits granted to witnesses under said Republic Act
No.6981.

SEC. 46. Penalty for Unauthorized Revelation of Classified Materials. - The penalty of ten (10) years and one day to twelve (12) years of
imprisonment shall be imposed upon any person, police or law enforcement agent, judicial officer or civil servant who, not being authorized by the
Court of Appeals to do so, reveals in any manner or form any classified information under this Act.

SEC. 47. Penalty for Furnishing False Evidence, Forged Document, or Spurious Evidence. - The penalty of twelve (12) years and one day to twenty
(20) years of imprisonment shall be imposed upon any person who knowingly furnishes false testimony, forged document or spurious evidence in
any investigation or hearing under this Act.
SEC. 48. Continuous Trial. - In cases of terrorism or conspiracy to commit terrorism, the judge shall set the continuous trial on a daily basis from
Monday to Friday or other short-term trial calendar so as to ensure speedy trial.

SEC. 49. Prosecution Under This Act Shall be a Bar to Another Prosecution under the Revised Penal Code or any Special Penal Laws. - When a
person has been prosecuted under a provision of this Act, upon a valid complaint or information or other formal charge sufficient in form and
substance to sustain a conviction and after the accused had pleaded to the charge, the acquittal of the accused or the dismissal of the case shall be
a bar to another prosecution for any offense or felony which is necessarily included in the offense charged under this Act.

SEC. 50. Damages for Unproven Charge of Terrorism. - Upon acquittal, any person who is accused of terrorism shall be entitled to the payment of
damages in the amount of Five hundred thousand pesos (P500,000.00) for every day that he or she has been detained or deprived of liberty or
arrested without a warrant as a result of such an accusation. The amount of damages shall be automatically charged against the appropriations of
the police agency or the Anti-Terrorism Council that brought or sanctioned the filing of the charges against the accused. It shall also be released
within fifteen (15) days from the date of the acquittal of the accused. The award of damages mentioned above shall be without prejudice to the
right of the acquitted accused to file criminal or administrative charges against those responsible for charging him with the case of terrorism.

Any officer, employee, personnel, or person who delays the release or refuses to release the amounts awarded to the individual acquitted of the
crime of terrorism as directed in the paragraph immediately preceding shall suffer the penalty of six months of imprisonment.

If the deductions are less than the amounts due to the detained persons, the amount needed to complete the compensation shall be taken from
the current appropriations for intelligence, emergency, social or other funds of the Office of the President.

In the event that the amount cannot be covered by the current budget of the police or law enforcement agency concerned, the amount shall be
automatically included in the appropriations of the said agency for the coming year.

SEC. 52. Applicability of the Revised Penal Code. - The provisions of Book I of the Revised Penal Code shall be applicable to this Act.

SEC. 53. Anti-Terrorism Council. - An Anti-Terrorism Council, hereinafter referred to, for brevity, as the "Council," is hereby created. The members
of the Council are: (1) the Executive Secretary, who shall be its Chairperson; (2) the Secretary of Justice, who shall be its Vice Chairperson; and (3)
the Secretary of Foreign Affairs; (4) the Secretary of National Defense; (5) the Secretary of the Interior and Local Government; (6) the Secretary of
Finance; and (7) the National Security Advisor, as its other members.

The Council shall implement this Act and assume the responsibility for the proper and effective implementation of the anti-terrorism policy of the
country. The Council shall keep records of its proceedings and decisions. All records of the Council shall be subject to such security classifications as
the Council may, in its judgment and discretion, decide to adopt to safeguard the safety of the people, the security of the Republic, and the welfare
of the nation.

The National Intelligence Coordinating Agency shall be the Secretariat of the Council. The Council shall define the powers, duties, and functions of
the National Intelligence Coordinating Agency as Secretariat of the Council. The National Bureau of Investigation, the Bureau of Immigration, the
Office of Civil Defense, the Intelligence Service of the Armed Forces of the Philippines, the Anti-Money Laundering Council, the Philippine Center on
Transnational Crime, and the Philippine National Police intelligence and investigative elements shall serve as support agencies for the Council.

The Council shall formulate and adopt comprehensive, adequate, efficient, and effective anti-terrorism plans, programs, and counter-measures to
suppress and eradicate terrorism in the country and to protect the people from acts of terrorism. Nothing herein shall be interpreted to empower
the Anti-Terrorism Council to exercise any judicial or quasi-judicial power or authority.

SEC. 54. Functions of the Council. - In pursuit of its mandate in the previous Section, the Council shall have the following functions with due regard
for the rights of the people as mandated by the Constitution and pertinent laws:

1. Formulate and adopt plans, programs and counter-measures against terrorists and acts of terrorism in the country;

2. Coordinate all national efforts to suppress and eradicate acts of terrorism in the country and mobilize the entire nation against terrorism
prescribed in this Act;

3. Direct the speedy investigation and prosecution of all persons accused or detained for the crime of terrorism or conspiracy to commit terrorism
and other offenses punishable under this Act, and monitor the progress of their cases;

4. Establish and maintain comprehensive data-base information system on terrorism, terrorist activities, and counter-terrorism operations;

5. Freeze the funds property, bank deposits, placements, trust accounts, assets and records belonging to a person suspected of or charged with the
crime of terrorism or conspiracy to commit terrorism, pursuant to Republic Act No. 9160, otherwise known as the Anti-Money Laundering Act of
2001, as amended;

6. Grant monetary rewards and other incentives to informers who give vital information leading to the apprehension, arrest, detention,
prosecution, and conviction of person or persons who are liable for the crime of terrorism or conspiracy to commit terrorism;

7. Establish and maintain coordination with and the cooperation and assistance of other nations in the struggle against international terrorism; and

8. Request the Supreme Court to designate specific divisions of the Court of Appeals and Regional Trial Courts in Manila, Cebu City and Cagayan de
Oro City, as the case may be, to handle all cases involving the crime of terrorism or conspiracy to commit terrorism and all matters incident to said
crimes. The Secretary of Justice shall assign a team of prosecutors from: (a) Luzon to handle terrorism cases filed in the Regional Trial Court in
Manila; (b) from the Visayas to handle cases filed in Cebu City; and (c) from Mindanao to handle cases filed in Cagayan de Oro City.
SEC. 57. Ban on Extraordinary Rendition. - No person suspected or convicted of the crime of terrorism shall be subjected to extraordinary rendition
to any country unless his or her testimony is needed for terrorist related police investigations or judicial trials in the said country and unless his or
her human rights, including the right against torture, and right to counsel, are officially assured by the requesting country and transmitted
accordingly and approved by the Department of Justice.

SEC. 58. Extra-Territorial Application of this Act. - Subject to the provision of an existing treaty of which the Philippines is a signatory and to any
contrary provision of any law of preferential application, the provisions of this Act shall apply: (1) to individual persons who commit any of the
crimes defined and punished in this Act within the terrestrial domain, interior waters, maritime zone, and airspace of the Philippines; (2) to
individual persons who, although physically outside the territorial limits of the Philippines, commit, conspire or plot to commit any of the crimes
defined and punished in this Act inside the territorial limits of the Philippines; (3) to individual persons who, although physically outside the
territorial limits of the Philippines, commit any of the said crimes on board Philippine ship or Philippine airship; (4) to individual persons who
commit any of said crimes within any embassy, consulate, or diplomatic premises belonging to or occupied by the Philippine government in an
official capacity; (5) to individual persons who, although physically outside the territorial limits of the Philippines, commit said crimes against
Philippine citizens or persons of Philippines descent, where their citizenship or ethnicity was a factor in the commission of the crime; and (6) to
individual persons who, although physically outside the territorial limits of the Philippines, commit said crimes directly against the Philippine
government.

6. Republic Act 7877 Anti-Sexual Harassment Act of 1995

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

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

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

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

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

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

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

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

(1) Against one who is under the care, custody or supervision of the offender;
(2) Against one whose education, training, apprenticeship or tutorship is entrusted to the offender;

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

(4) When the sexual advances result in an intimidating, hostile or offensive environment for the student, trainee or apprentice.
Any person who directs or induces another to commit any act of sexual harassment as herein defined, or who cooperates in the commission
thereof by another without which it would not have been committed, shall also be held liable under this Act.

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

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

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

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

(b) Create a committee on decorum and investigation of cases on sexual harassment. The committee shall conduct meetings, as the case may
be, with officers and employees, teachers, instructors, professors, coaches, trainors, and students or trainees to increase understanding and
prevent incidents of sexual harassment. It shall also conduct the investigation of alleged cases constituting sexual harassment.
 In the case of a work-related environment, the committee shall be composed of at least one (1) representative each from the management,
the union, if any, the employees from the supervisory rank, and from the rank and file employees.

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

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

SECTION 5. Liability of the Employer, Head of Office, Educational or Training Institution. - The employer or head of office, educational or
training institution shall be solidarily liable for damages arising from the acts of sexual harassment committed in the employment, education or
training environment if the employer or head of office, educational or training institution is informed of such acts by the offended party and no
immediate action is taken.

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

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

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

7. Republic Act No. 9262 March 08, 2004

AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN, PROVIDING FOR PROTECTIVE MEASURES FOR VICTIMS, PRESCRIBING
PENALTIES THEREFORE, AND FOR OTHER PURPOSES

SECTION 1. Short Title.- This Act shall be known as the "Anti-Violence Against Women and Their Children Act of 2004".

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

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

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

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

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

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

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

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

c) Prostituting the woman or child.

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

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

1. withdrawal of financial support or preventing the victim from engaging in any legitimate profession, occupation, business or activity, except in
cases wherein the other spouse/partner objects on valid, serious and moral grounds as defined in Article 73 of the Family Code;
2. deprivation or threat of deprivation of financial resources and the right to the use and enjoyment of the conjugal, community or property owned
in common;

3. destroying household property;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) Stalking or following the woman or her child in public or private places;
(2) Peering in the window or lingering outside the residence of the woman or her child;
(3) Entering or remaining in the dwelling or on the property of the woman or her child against her/his will;
(4) Destroying the property and personal belongings or inflicting harm to animals or pets of the woman or her child; and
(5) Engaging in any form of harassment or violence;
(i) Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child, including, but not limited to, repeated verbal and
emotional abuse, and denial of financial support or custody of minor children of access to the woman's child/children.
SECTION 6. Penalties.- The crime of violence against women and their children, under Section 5 hereof shall be punished according to the following
rules:
(a) Acts falling under Section 5(a) constituting attempted, frustrated or consummated parricide or murder or homicide shall be punished in
accordance with the provisions of the Revised Penal Code.

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

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

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

(e) Acts falling under Section 5(g) shall be punished by prision mayor;
(f) Acts falling under Section 5(h) and Section 5(i) shall be punished by prision mayor.
If the acts are committed while the woman or child is pregnant or committed in the presence of her child, the penalty to be applied shall be the
maximum period of penalty prescribed in the section.

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

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

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

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

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

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

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

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

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

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

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

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

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

(k) Provision of such other forms of relief as the court deems necessary to protect and provide for the safety of the petitioner and any designated
family or household member, provided petitioner and any designated family or household member consents to such relief.
Any of the reliefs provided under this section shall be granted even in the absence of a decree of legal separation or annulment or declaration of
absolute nullity of marriage.The issuance of a BPO or the pendency of an application for BPO shall not preclude a petitioner from applying for, or
the court from granting a TPO or PPO.

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

(a) the offended party;

(b) parents or guardians of the offended party;
(c) ascendants, descendants or collateral relatives within the fourth civil degree of consanguinity or affinity;
(d) officers or social workers of the DSWD or social workers of local government units (LGUs);
(e) police officers, preferably those in charge of women and children's desks;
(f) Punong Barangay or Barangay Kagawad;
(g) lawyer, counselor, therapist or healthcare provider of the petitioner;
(h) At least two (2) concerned responsible citizens of the city or municipality where the violence against women and their children occurred and
who has personal knowledge of the offense committed.
SECTION 10. Where to Apply for a Protection Order. – Applications for BPOs shall follow the rules on venue under Section 409 of the Local
Government Code of 1991 and its implementing rules and regulations. An application for a TPO or PPO may be filed in the regional trial court,
metropolitan trial court, municipal trial court, municipal circuit trial court with territorial jurisdiction over the place of residence of the petitioner:
Provided, however, That if a family court exists in the place of residence of the petitioner, the application shall be filed with that court.

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

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

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

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

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

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

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

Respondents non-appearance despite proper notice, or his lack of a lawyer, or the non-availability of his lawyer shall not be a ground for
rescheduling or postponing the hearing on the merits of the issuance of a PPO. If the respondents appears without counsel on the date of the
hearing on the PPO, the court shall appoint a lawyer for the respondent and immediately proceed with the hearing. In case the respondent fails to
appear despite proper notice, the court shall allow ex parte presentation of the evidence by the applicant and render judgment on the basis of the
evidence presented. The court shall allow the introduction of any history of abusive conduct of a respondent even if the same was not directed
against the applicant or the person for whom the applicant is made.

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

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

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

Regardless of the conviction or acquittal of the respondent, the Court must determine whether or not the PPO shall become final. Even in a
dismissal, a PPO shall be granted as long as there is no clear showing that the act from which the order might arise did not exist.
SECTION 17. Notice of Sanction in Protection Orders. – The following statement must be printed in bold-faced type or in capital letters on the
protection order issued by the Punong Barangay or court:

"VIOLATION OF THIS ORDER IS PUNISHABLE BY LAW."

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

a) communicate with the victim in a language understood by the woman or her child; and
b) inform the victim of her/his rights including legal remedies available and procedure, and privileges for indigent litigants.
SECTION 30. Duties of Barangay Officials and Law Enforcers. – Barangay officials and law enforcers shall have the following duties:

(a) respond immediately to a call for help or request for assistance or protection of the victim by entering the necessary whether or not a
protection order has been issued and ensure the safety of the victim/s;
(b) confiscate any deadly weapon in the possession of the perpetrator or within plain view;
(c) transport or escort the victim/s to a safe place of their choice or to a clinic or hospital;
(d) assist the victim in removing personal belongs from the house;
(e) assist the barangay officials and other government officers and employees who respond to a call for help;
(f) ensure the enforcement of the Protection Orders issued by the Punong Barangy or the courts;
(g) arrest the suspected perpetrator wiithout a warrant when any of the acts of violence defined by this Act is occurring, or when he/she has
personal knowledge that any act of abuse has just been committed, and there is imminent danger to the life or limb of the victim as defined in this
Act; and
(h) immediately report the call for assessment or assistance of the DSWD, social Welfare Department of LGUs or accredited non-government
organizations (NGOs).
Any barangay official or law enforcer who fails to report the incident shall be liable for a fine not exceeding Ten Thousand Pesos (P10,000.00) or
whenever applicable criminal, civil or administrative liability.
SECTION 31. Healthcare Provider Response to Abuse – Any healthcare provider, including, but not limited to, an attending physician, nurse,
clinician, barangay health worker, therapist or counselor who suspects abuse or has been informed by the victim of violence shall:
(a) properly document any of the victim's physical, emotional or psychological injuries;
(b) properly record any of victim's suspicions, observations and circumstances of the examination or visit;
(c) automatically provide the victim free of charge a medical certificate concerning the examination or visit;
(d) safeguard the records and make them available to the victim upon request at actual cost; and
(e) provide the victim immediate and adequate notice of rights and remedies provided under this Act, and services available to them.
SECTION 32. Duties of Other Government Agencies and LGUs – Other government agencies and LGUs shall establish programs such as, but not
limited to, education and information campaign and seminars or symposia on the nature, causes, incidence and consequences of such violence
particularly towards educating the public on its social impacts.

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

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

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

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

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

(a) to be treated with respect and dignity;

(b) to avail of legal assistance form the PAO of the Department of Justice (DOJ) or any public legal assistance office;
(c) To be entitled to support services form the DSWD and LGUs'
(d) To be entitled to all legal remedies and support as provided for under the Family Code; and
(e) To be informed of their rights and the services available to them including their right to apply for a protection order.
SECTION 36. Damages. – Any victim of violence under this Act shall be entitled to actual, compensatory, moral and exemplary damages.

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

SECTION 39. Inter-Agency Council on Violence Against Women and Their Children (IAC-VAWC). In pursuance of the abovementioned policy, there is
hereby established an Inter-Agency Council on Violence Against Women and their children, hereinafter known as the Council, which shall be
composed of the following agencies:
(a) Department of Social Welfare and Development (DSWD);
(b) National Commission on the Role of Filipino Women (NCRFW);
(c) Civil Service Commission (CSC);
(d) Commission on Human rights (CHR)
(e) Council for the Welfare of Children (CWC);
(f) Department of Justice (DOJ);
(g) Department of the Interior and Local Government (DILG);
(h) Philippine National Police (PNP);
(i) Department of Health (DOH);
(j) Department of Education (DepEd);
(k) Department of Labor and Employment (DOLE); and
(l) National Bureau of Investigation (NBI).
These agencies are tasked to formulate programs and projects to eliminate VAW based on their mandates as well as develop capability programs
for their employees to become more sensitive to the needs of their clients. The Council will also serve as the monitoring body as regards to VAW
initiatives.

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

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

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

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

a. the nature, extend and causes of violence against women and their children;
b. the legal rights of, and remedies available to, victims of violence against women and their children;
c. the services and facilities available to victims or survivors;
d. the legal duties imposed on police officers to make arrest and to offer protection and assistance; and
e. techniques for handling incidents of violence against women and their children that minimize the likelihood of injury to the officer and promote
the safety of the victim or survivor.
The PNP, in coordination with LGU's shall establish an education and training program for police officers and barangay officials to enable them to
properly handle cases of violence against women and their children.

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

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

8. Republic Act No. 7610 June 17, 1992

AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION,
AND FOR OTHER PURPOSES

ARTICLE I:Title, Policy, Principles and Definitions of Terms

Section 1. Title. – This Act shall be known as the "Special Protection of Children Against Abuse, Exploitation and Discrimination Act."

Section 2. Declaration of State Policy and Principles. – It is hereby declared to be the policy of the State to provide special protection to children
from all firms of abuse, neglect, cruelty exploitation and discrimination and other conditions, prejudicial their development; provide sanctions for
their commission and carry out a program for prevention and deterrence of and crisis intervention in situations of child abuse, exploitation and
discrimination. The State shall intervene on behalf of the child when the parent, guardian, teacher or person having care or custody of the child
fails or is unable to protect the child against abuse, exploitation and discrimination or when such acts against the child are committed by the said
parent, guardian, teacher or person having care and custody of the same.1awphi1@alf

It shall be the policy of the State to protect and rehabilitate children gravely threatened or endangered by circumstances which affect or will affect
their survival and normal development and over which they have no control.

The best interests of children shall be the paramount consideration in all actions concerning them, whether undertaken by public or private social
welfare institutions, courts of law, administrative authorities, and legislative bodies, consistent with the principle of First Call for Children as
enunciated in the United Nations Convention of the Rights of the Child. Every effort shall be exerted to promote the welfare of children and
enhance their opportunities for a useful and happy life.

Section 3. Definition of Terms. –

(a) "Children" refers to person below eighteen (18) years of age or those over but are unable to fully take care of themselves or protect themselves
from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition;

(b) "Child abuse" refers to the maltreatment, whether habitual or not, of the child which includes any of the following:

(1) Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional maltreatment;

(2) Any act by deeds or words which debases, degrades or demeans the intrinsic worth and dignity of a child as a human being;

(3) Unreasonable deprivation of his basic needs for survival, such as food and shelter; or

(4) Failure to immediately give medical treatment to an injured child resulting in serious impairment of his growth and development or in his
permanent incapacity or death.

(c) "Circumstances which gravely threaten or endanger the survival and normal development of children" include, but are not limited to, the
following;

(1) Being in a community where there is armed conflict or being affected by armed conflict-related activities;

(2) Working under conditions hazardous to life, safety and normal which unduly interfere with their normal development;
(3) Living in or fending for themselves in the streets of urban or rural areas without the care of parents or a guardian or basic services needed for a
good quality of life;
(4) Being a member of a indigenous cultural community and/or living under conditions of extreme poverty or in an area which is underdeveloped
and/or lacks or has inadequate access to basic services needed for a good quality of life;
(5) Being a victim of a man-made or natural disaster or calamity; or
(6) Circumstances analogous to those abovestated which endanger the life, safety or normal development of children.
(d) "Comprehensive program against child abuse, exploitation and discrimination" refers to the coordinated program of services and facilities to
protected children against:
(1) Child Prostitution and other sexual abuse;
(2) Child trafficking;
(3) Obscene publications and indecent shows;
(4) Other acts of abuses; and
(5) Circumstances which threaten or endanger the survival and normal development of children.1awphi1Ÿ

ARTICLE III
Child Prostitution and Other Sexual Abuse

Section 5. Child Prostitution and Other Sexual Abuse. – Children, whether male or female, who for money, profit, or any other consideration or
due to the coercion or influence of any adult, syndicate or group, indulge in sexual intercourse or lascivious conduct, are deemed to be children
exploited in prostitution and other sexual abuse.

The penalty of reclusion temporal in its medium period to reclusion perpetua shall be imposed upon the following:

(a) Those who engage in or promote, facilitate or induce child prostitution which include, but are not limited to, the following:

(1) Acting as a procurer of a child prostitute;

(2) Inducing a person to be a client of a child prostitute by means of written or oral advertisements or other similar means;
(3) Taking advantage of influence or relationship to procure a child as prostitute;
(4) Threatening or using violence towards a child to engage him as a prostitute; or
(5) Giving monetary consideration goods or other pecuniary benefit to a child with intent to engage such child in prostitution.
(b) Those who commit the act of sexual intercourse of lascivious conduct with a child exploited in prostitution or subject to other sexual abuse;
Provided, That when the victims is under twelve (12) years of age, the perpetrators shall be prosecuted under Article 335, paragraph 3, for rape
and Article 336 of Act No. 3815, as amended, the Revised Penal Code, for rape or lascivious conduct, as the case may be: Provided, That the penalty
for lascivious conduct when the victim is under twelve (12) years of age shall be reclusion temporal in its medium period; and

(c) Those who derive profit or advantage therefrom, whether as manager or owner of the establishment where the prostitution takes place, or of
the sauna, disco, bar, resort, place of entertainment or establishment serving as a cover or which engages in prostitution in addition to the activity
for which the license has been issued to said establishment.

Section 6. Attempt To Commit Child Prostitution. – There is an attempt to commit child prostitution under Section 5, paragraph (a) hereof when
any person who, not being a relative of a child, is found alone with the said child inside the room or cubicle of a house, an inn, hotel, motel, pension
house, apartelle or other similar establishments, vessel, vehicle or any other hidden or secluded area under circumstances which would lead a
reasonable person to believe that the child is about to be exploited in prostitution and other sexual abuse.

There is also an attempt to commit child prostitution, under paragraph (b) of Section 5 hereof when any person is receiving services from a child in
a sauna parlor or bath, massage clinic, health club and other similar establishments. A penalty lower by two (2) degrees than that prescribed for the
consummated felony under Section 5 hereof shall be imposed upon the principals of the attempt to commit the crime of child prostitution under
this Act, or, in the proper case, under the Revised Penal Code.

ARTICLE IV
Child Trafficking

Section 7. Child Trafficking. – Any person who shall engage in trading and dealing with children including, but not limited to, the act of buying and
selling of a child for money, or for any other consideration, or barter, shall suffer the penalty of reclusion temporal to reclusion perpetua. The
penalty shall be imposed in its maximum period when the victim is under twelve (12) years of age.

Section 8. Attempt to Commit Child Trafficking. – There is an attempt to commit child trafficking under Section 7 of this Act:1awphi1@alf

(a) When a child travels alone to a foreign country without valid reason therefor and without clearance issued by the Department of Social Welfare
and Development or written permit or justification from the child's parents or legal guardian;

(c) When a person, agency, establishment or child-caring institution recruits women or couples to bear children for the purpose of child trafficking;
or

(d) When a doctor, hospital or clinic official or employee, nurse, midwife, local civil registrar or any other person simulates birth for the purpose of
child trafficking; or

(e) When a person engages in the act of finding children among low-income families, hospitals, clinics, nurseries, day-care centers, or other child-
during institutions who can be offered for the purpose of child trafficking.

A penalty lower two (2) degrees than that prescribed for the consummated felony under Section 7 hereof shall be imposed upon the principals of
the attempt to commit child trafficking under this Act.

ARTICLE V:Obscene Publications and Indecent Shows

Section 9. Obscene Publications and Indecent Shows. – Any person who shall hire, employ, use, persuade, induce or coerce a child to perform in
obscene exhibitions and indecent shows, whether live or in video, or model in obscene publications or pornographic materials or to sell or
distribute the said materials shall suffer the penalty of prision mayor in its medium period.

If the child used as a performer, subject or seller/distributor is below twelve (12) years of age, the penalty shall be imposed in its maximum period.

Any ascendant, guardian, or person entrusted in any capacity with the care of a child who shall cause and/or allow such child to be employed or to
participate in an obscene play, scene, act, movie or show or in any other acts covered by this section shall suffer the penalty of prision mayor in its
medium period.
 ARTICLE VI:Other Acts of Abuse

Section 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other Conditions Prejudicial to the Child's Development. –

(a) Any person who shall commit any other acts of child abuse, cruelty or exploitation or to be responsible for other conditions prejudicial to the
child's development including those covered by Article 59 of Presidential Decree No. 603, as amended, but not covered by the Revised Penal Code,
as amended, shall suffer the penalty of prision mayor in its minimum period.

(b) Any person who shall keep or have in his company a minor, twelve (12) years or under or who in ten (10) years or more his junior in any public
or private place, hotel, motel, beer joint, discotheque, cabaret, pension house, sauna or massage parlor, beach and/or other tourist resort or
similar places shall suffer the penalty of prision mayor in its maximum period and a fine of not less than Fifty thousand pesos (P50,000): Provided,
That this provision shall not apply to any person who is related within the fourth degree of consanguinity or affinity or any bond recognized by law,
local custom and tradition or acts in the performance of a social, moral or legal duty.

(c) Any person who shall induce, deliver or offer a minor to any one prohibited by this Act to keep or have in his company a minor as provided in
the preceding paragraph shall suffer the penalty of prision mayor in its medium period and a fine of not less than Forty thousand pesos (P40,000);
Provided, however, That should the perpetrator be an ascendant, stepparent or guardian of the minor, the penalty to be imposed shall be prision
mayor in its maximum period, a fine of not less than Fifty thousand pesos (P50,000), and the loss of parental authority over the minor.

(d) Any person, owner, manager or one entrusted with the operation of any public or private place of accommodation, whether for occupancy,
food, drink or otherwise, including residential places, who allows any person to take along with him to such place or places any minor herein
described shall be imposed a penalty of prision mayor in its medium period and a fine of not less than Fifty thousand pesos (P50,000), and the loss
of the license to operate such a place or establishment.

(e) Any person who shall use, coerce, force or intimidate a street child or any other child to;
(1) Beg or use begging as a means of living;
(2) Act as conduit or middlemen in drug trafficking or pushing; or
(3) Conduct any illegal activities, shall suffer the penalty of prision correccional in its medium period to reclusion perpetua.
For purposes of this Act, the penalty for the commission of acts punishable under Articles 248, 249, 262, paragraph 2, and 263, paragraph 1 of Act
No. 3815, as amended, the Revised Penal Code, for the crimes of murder, homicide, other intentional mutilation, and serious physical injuries,
respectively, shall be reclusion perpetua when the victim is under twelve (12) years of age. The penalty for the commission of acts punishable
under Article 337, 339, 340 and 341 of Act No. 3815, as amended, the Revised Penal Code, for the crimes of qualified seduction, acts of
lasciviousness with the consent of the offended party, corruption of minors, and white slave trade, respectively, shall be one (1) degree higher than
that imposed by law when the victim is under twelve (12) years age.

The victim of the acts committed under this section shall be entrusted to the care of the Department of Social Welfare and Development.

ARTICLE VII:Sanctions for Establishments or Enterprises

Section 11. Sanctions of Establishments or Enterprises which Promote, Facilitate, or Conduct Activities Constituting Child Prostitution and Other
Sexual Abuse, Child Trafficking, Obscene Publications and Indecent Shows, and Other Acts of Abuse. – All establishments and enterprises which
promote or facilitate child prostitution and other sexual abuse, child trafficking, obscene publications and indecent shows, and other acts of abuse
shall be immediately closed and their authority or license to operate cancelled, without prejudice to the owner or manager thereof being
prosecuted under this Act and/or the Revised Penal Code, as amended, or special laws. A sign with the words "off limits" shall be conspicuously
displayed outside the establishments or enterprises by the Department of Social Welfare and Development for such period which shall not be less
than one (1) year, as the Department may determine. The unauthorized removal of such sign shall be punishable by prision correccional.

An establishment shall be deemed to promote or facilitate child prostitution and other sexual abuse, child trafficking, obscene publications and
indecent shows, and other acts of abuse if the acts constituting the same occur in the premises of said establishment under this Act or in violation
of the Revised Penal Code, as amended. An enterprise such as a sauna, travel agency, or recruitment agency which: promotes the aforementioned
acts as part of a tour for foreign tourists; exhibits children in a lewd or indecent show; provides child masseurs for adults of the same or opposite
sex and said services include any lascivious conduct with the customers; or solicits children or activities constituting the aforementioned acts shall
be deemed to have committed the acts penalized herein.

ARTICLE VIII
Working Children

Section 12. Employment of Children. – Children below fifteen (15) years of age may be employed except:

(1) When a child works directly under the sole responsibility of his parents or legal guardian and where only members of the employer's family are
employed: Provided, however, That his employment neither endangers his life, safety and health and morals, nor impairs his normal development:
Provided, further, That the parent or legal guardian shall provide the said minor child with the prescribed primary and/or secondary education; or

(2) When a child's employment or participation in public & entertainment or information through cinema, theater, radio or television is essential:
Provided, The employment contract concluded by the child's parent or guardian, with the express agreement of the child concerned, if possible,
and the approval of the Department of Labor and Employment: Provided, That the following requirements in all instances are strictly complied
with:

(a) The employer shall ensure the protection, health, safety and morals of the child;

(b) the employer shall institute measures to prevent the child's exploitation or discrimination taking into account the system and level of
remuneration, and the duration and arrangement of working time; and;
(c) The employer shall formulate and implement, subject to the approval and supervision of competent authorities, a continuing program for
training and skill acquisition of the child.

In the above exceptional cases where any such child may be employed, the employer shall first secure, before engaging such child, a work permit
from the Department of Labor and Employment which shall ensure observance of the above requirement.

The Department of Labor Employment shall promulgate rules and regulations necessary for the effective implementation of this Section.

Section 13. Non-formal Education for Working Children. – The Department of Education, Culture and Sports shall promulgate a course design
under its non-formal education program aimed at promoting the intellectual, moral and vocational efficiency of working children who have not
undergone or finished elementary or secondary education. Such course design shall integrate the learning process deemed most effective under
given circumstances.

Section 14. Prohibition on the Employment of Children in Certain Advertisements. – No person shall employ child models in all commercials or
advertisements promoting alcoholic beverages, intoxicating drinks, tobacco and its byproducts and violence.

Section 15. Duty of Employer. – Every employer shall comply with the duties provided for in Articles 108 and 109 of Presidential Decree No. 603.

Section 16. Penalties. – Any person who shall violate any provision of this Article shall suffer the penalty of a fine of not less than One thousand
pesos (P1,000) but not more than Ten thousand pesos (P10,000) or imprisonment of not less than three (3) months but not more than three (3)
years, or both at the discretion of the court; Provided, That, in case of repeated violations of the provisions of this Article, the offender's license to
operate shall be revoked.

ARTICLE IX:Children of Indigenous Cultural Communities

Section 17. Survival, Protection and Development. – In addition to the rights guaranteed to children under this Act and other existing laws,
children of indigenous cultural communities shall be entitled to protection, survival and development consistent with the customs and traditions of
their respective communities.

Section 18. System of and Access to Education. – The Department of Education, Culture and Sports shall develop and institute an alternative
system of education for children of indigenous cultural communities which culture-specific and relevant to the needs of and the existing situation in
their communities. The Department of Education, Culture and Sports shall also accredit and support non-formal but functional indigenous
educational programs conducted by non-government organizations in said communities.

Section 19. Health and Nutrition. – The delivery of basic social services in health and nutrition to children of indigenous cultural communities shall
be given priority by all government agencies concerned. Hospitals and other health institution shall ensure that children of indigenous cultural
communities are given equal attention. In the provision of health and nutrition services to children of indigenous cultural communities, indigenous
health practices shall be respected and recognized.

Section 20. Discrimination. – Children of indigenous cultural communities shall not be subjected to any and all forms of discrimination.

Any person who discriminate against children of indigenous cultural communities shall suffer a penalty of arresto mayor in its maximum period and
a fine of not less than Five thousand pesos (P5,000) more than Ten thousand pesos (P10,000).

Section 21. Participation. – Indigenous cultural communities, through their duly-designated or appointed representatives shall be involved in
planning, decision-making implementation, and evaluation of all government programs affecting children of indigenous cultural communities.
Indigenous institution shall also be recognized and respected.

ARTICLE X:Children in Situations of Armed Conflict

Section 22. Children as Zones of Peace. – Children are hereby declared as Zones of Peace. It shall be the responsibility of the State and all other
sectors concerned to resolve armed conflicts in order to promote the goal of children as zones of peace. To attain this objective, the following
policies shall be observed.

(a) Children shall not be the object of attack and shall be entitled to special respect. They shall be protected from any form of threat, assault,
torture or other cruel, inhumane or degrading treatment;

(b) Children shall not be recruited to become members of the Armed Forces of the Philippines of its civilian units or other armed groups, nor be
allowed to take part in the fighting, or used as guides, couriers, or spies;

(c) Delivery of basic social services such as education, primary health and emergency relief services shall be kept unhampered;

(d) The safety and protection of those who provide services including those involved in fact-finding missions from both government and non-
government institutions shall be ensured. They shall not be subjected to undue harassment in the performance of their work;

(e) Public infrastructure such as schools, hospitals and rural health units shall not be utilized for military purposes such as command posts,
barracks, detachments, and supply depots; and

(f) All appropriate steps shall be taken to facilitate the reunion of families temporarily separated due to armed conflict.
Section 23. Evacuation of Children During Armed Conflict. – Children shall be given priority during evacuation as a result of armed conflict. Existing
community organizations shall be tapped to look after the safety and well-being of children during evacuation operations. Measures shall be taken
to ensure that children evacuated are accompanied by persons responsible for their safety and well-being.

Section 24. Family Life and Temporary Shelter. – Whenever possible, members of the same family shall be housed in the same premises and given
separate accommodation from other evacuees and provided with facilities to lead a normal family life. In places of temporary shelter, expectant
and nursing mothers and children shall be given additional food in proportion to their physiological needs. Whenever feasible, children shall be
given opportunities for physical exercise, sports and outdoor games.

Section 25. Rights of Children Arrested for Reasons Related to Armed Conflict. – Any child who has been arrested for reasons related to armed
conflict, either as combatant, courier, guide or spy is entitled to the following rights;
(a) Separate detention from adults except where families are accommodated as family units;
(b) Immediate free legal assistance;
(c) Immediate notice of such arrest to the parents or guardians of the child; and
(d) Release of the child on recognizance within twenty-four (24) hours to the custody of the Department of Social Welfare and Development or any
responsible member of the community as determined by the court.
If after hearing the evidence in the proper proceedings the court should find that the aforesaid child committed the acts charged against him, the
court shall determine the imposable penalty, including any civil liability chargeable against him. However, instead of pronouncing judgment of
conviction, the court shall suspend all further proceedings and shall commit such child to the custody or care of the Department of Social Welfare
and Development or to any training institution operated by the Government, or duly-licensed agencies or any other responsible person, until he
has had reached eighteen (18) years of age or, for a shorter period as the court may deem proper, after considering the reports and
recommendations of the Department of Social Welfare and Development or the agency or responsible individual under whose care he has been
committed.

The aforesaid child shall subject to visitation and supervision by a representative of the Department of Social Welfare and Development or any
duly-licensed agency or such other officer as the court may designate subject to such conditions as it may prescribe.

The aforesaid child whose sentence is suspended can appeal from the order of the court in the same manner as appeals in criminal cases.

Section 26. Monitoring and Reporting of Children in Situations of Armed Conflict. – The chairman of the barangay affected by the armed conflict
shall submit the names of children residing in said barangay to the municipal social welfare and development officer within twenty-four (24) hours
from the occurrence of the armed conflict.

ARTICLE XI
Remedial Procedures

Section 27. Who May File a Complaint. – Complaints on cases of unlawful acts committed against the children as enumerated herein may be filed
by the following:
(a) Offended party;
(b) Parents or guardians;
(c) Ascendant or collateral relative within the third degree of consanguinity;1awphi1@ITC
(d) Officer, social worker or representative of a licensed child-caring institution;
(e) Officer or social worker of the Department of Social Welfare and Development;
(f) Barangay chairman; or
(g) At least three (3) concerned responsible citizens where the violation occurred.
Section 28. Protective Custody of the Child. – The offended party shall be immediately placed under the protective custody of the Department of
Social Welfare and Development pursuant to Executive Order No. 56, series of 1986. In the regular performance of this function, the officer of the
Department of Social Welfare and Development shall be free from any administrative, civil or criminal liability. Custody proceedings shall be in
accordance with the provisions of Presidential Decree No. 603.

Section 30. Special Court Proceedings. – Cases involving violations of this Act shall be heard in the chambers of the judge of the Regional Trial
Court duly designated as Juvenile and Domestic Court.

Any provision of existing law to the contrary notwithstanding and with the exception of habeas corpus, election cases, and cases involving
detention prisoners and persons covered by Republic Act No. 4908, all courts shall give preference to the hearing or disposition of cases involving
violations of this Act.

ARTICLE XII :Common Penal Provisions

Section 31. Common Penal Provisions. –

(a) The penalty provided under this Act shall be imposed in its maximum period if the offender has been previously convicted under this
Act;

(b) When the offender is a corporation, partnership or association, the officer or employee thereof who is responsible for the violation of
this Act shall suffer the penalty imposed in its maximum period;

(c) The penalty provided herein shall be imposed in its maximum period when the perpetrator is an ascendant, parent guardian,
stepparent or collateral relative within the second degree of consanguinity or affinity, or a manager or owner of an establishment which
has no license to operate or its license has expired or has been revoked;

(d) When the offender is a foreigner, he shall be deported immediately after service of sentence and forever barred from entry to the
country;
 (e) The penalty provided for in this Act shall be imposed in its maximum period if the offender is a public officer or employee: Provided,
however, That if the penalty imposed is reclusion perpetua or reclusion temporal, then the penalty of perpetual or temporary absolute
disqualification shall also be imposed: Provided, finally, That if the penalty imposed is prision correccional or arresto mayor, the penalty
of suspension shall also be imposed; and

(f) A fine to be determined by the court shall be imposed and administered as a cash fund by the Department of Social Welfare and
Development and disbursed for the rehabilitation of each child victim, or any immediate member of his family if the latter is the
perpetrator of the offense.

9. REPUBLIC ACT NO. 10883 - AN ACT PROVIDING FOR A NEW ANTI-CARNAPPING LAW OF THE PHILIPPINES

REPUBLIC ACT NO. 10883, July 17, 2016

AN ACT PROVIDING FOR A NEW ANTI-CARNAPPING LAW OF THE PHILIPPINES

Section 1. Short Title. – This Act shall be known as the “New Anti-Carnapping Act of 2016”.

Sec. 2. Definition of Terms. – As used in this Act:

(a) Body building refers to a job undertaken on a motor vehicle in order to replace its entire body with a new body;cralawlawlibrary

(b) Defacing or tampering with a serial number refers to the altering, changing, erasing, replacing or scratching of the original factory inscribed
serial number on the motor vehicle engine, engine block or chassis of any motor vehicle.

Whenever any motor vehicle is found to have a serial number on its engine, engine block or chassis which is different from that which is listed in
the records of the Bureau of Customs for motor vehicle imported into the Philippines, that motor vehicle shall be considered to have a defaced or
tampered serial number;cralawlawlibrary

(c) Dismantling refers to the tearing apart, piece-by-piece or part-by-part, of a motor vehicle;cralawlawlibrary

(d) Identity transfer refers to the act of transferring the engine number, chassis number, body tag number, plate number, and any other identifying
marks of a motor vehicle declared as “total wreck" or is beyond economic repair by concerned car insurance companies and/or law enforcement
agencies after its involvement in a vehicular accident or other incident and registers the same into another factory-made body or vehicle unit, of
the same classification, type, make or model;cralawlawlibrary

(e) Motor vehicle refers to any vehicle propelled by any power other than muscular power using the public highways, except road rollers, trolley
cars, street sweepers, sprinklers, lawn mowers, bulldozers, graders, forklifts, amphibian trucks, and cranes if not used on public highways; vehicles
which run only on rails or tracks; and tractors, trailers and traction engines of all kinds used exclusively for agricultural purposes. Trailers having
any number of wheels, when propelled or intended to be propelled by attachment to a motor vehicle, shall be classified as a separate motor
vehicle with no power rating;cralawlawlibrary

(f) Overhauling refers to the cleaning or repairing of the whole engine of a motor vehicle by separating the motor engine and its parts from the
body of the motor vehicle;cralawlawlibrary

(g) Repainting refers to changing the color of a motor vehicle by means of painting. There is painting whenever the new color of a motor vehicle is
different from its color registered in the Land Transportation Office (LTO);cralawlawlibrary

(h) Remodeling refers to the introduction of some changes in the shape or form of the body of the motor vehicle;cralawlawlibrary

(i) Second hand spare parts refer to the parts taken from a carnapped vehicle used in assembling another vehicle;cralawlawlibrary

(j) Total wreck refers to the state or status of a motor vehicle after a vehicular accident or other incident, so that it is rendered in operational and
beyond economic repair due to the extent of damage in its body, chassis and engine; and

(k) Unlawful transfer or use of vehicle plates refers to the use or transfer of a vehicle plate issued by the LTO to a certain vehicle to another vehicle.
It is presumed illegally transferred when the motor vehicle plate does not correspond with that as appearing in the certificate of registration of the
motor vehicle to which it was issued.

Sec. 3. Carnapping; Penalties. – Carnapping is the taking, with intent to gain, of a motor vehicle belonging to another without the latter’s consent,
or by means of violence against or intimidation of persons, or by using force upon things.

Any person who is found guilty of carnapping shall, regardless of the value of the motor vehicle taken, be punished by imprisonment for not less
than twenty (20) years and one (1) day but not more than thirty (30) years, when the carnapping is committed without violence against or
intimidation of persons, or force upon things; and by imprisonment for not less than thirty (30) years and one (1) day but not more than forty (40)
years, when the carnapping is committed by means of violence against or intimidation of persons, or force upon things; and the penalty of life
imprisonment shall be imposed when the owner, driver, or occupant of the carnapped motor vehicle is killed or raped in the commission of the
carnapping.

Any person charged with carnapping or when the crime of carnapping is committed by criminal groups, gangs or syndicates or by means of violence
or intimidation of any person or persons or forced upon things; or when the owner, driver, passenger or occupant of the carnapped vehicle is killed
or raped in the course of the carnapping shall be denied bail when the evidence of guilt is strong.

Sec. 4. Concealment of Carnapping. – Any person who conceals carnapping shall be punished with imprisonment of six (6) years up to twelve (12)
years and a fine equal to theamount of the acquisition cost of the motor vehicle, motor vehicle engine, or any other part involved in the
violation: Provided, That if the person violating any provision of this Act is a juridical person, the penalty herein provided shall be imposed on its
president, secretary, and/or members of the board of directors or any of its officers and employees who may have directly participated in the
violation.
Any public official or employee who directly commits the unlawful acts defined in this Act or is guilty of gross negligence of duty or connives with or
permits the commission of any of the said unlawful acts shall, in addition to the penalty prescribed in the preceding paragraph, be dismissed from
the service, and his/her benefits forfeited and shall be permanently disqualified from holding public office.

Sec. 5. Original Registration of Motor Vehicles. – Any person seeking the original registration of a motor vehicle, whether that motor vehicle is
newly assembled or rebuilt or acquired from a registered owner, shall, within one (1) week after the completion of the assembly or rebuilding job
or the acquisition thereof from the registered owner, apply to the Philippine National Police (PNP) for the clearance of the motor vehicle for
registration with the LTO. The PNP shall, upon receipt of the application, verify if the motor vehicle or its numbered parts are in the list of
carnapped motor vehicles or stolen motor vehicle parts. If the motor vehicle or any of its numbered parts is not in the list, the PNP shall forthwith
issue a certificate of clearance. Upon presentation of the certificate of clearance from the PNP and after verification of the registration of the motor
vehicle engine, engine block and chassis in the permanent registry of motor vehicle engine, engine block and chassis, the LTO shall register the
motor vehicle in accordance with existing laws, rules and regulations within twenty (20) working days.

Sec. 6. Registration of Motor Vehicle, Motor Vehicle Engine, Engine Block and Chassis. – Within one (1) year upon approval of this Act, every owner
or possessor of unregistered motor vehicle or parts thereof in knock down condition shall register before the LTO the motor vehicle engine, engine
block and chassis in the name of the possessor or in the name of the real owner who shall be readily available to answer any claim over the
registered motor vehicle engine, engine block and chassis. Thereafter, all motor vehicle engines, engine blocks and chassis not registered with the
LTO shall be considered as a carnapped vehicle, an untaxed importation or coming from illegal source and shall be confiscated in favor of the
government.

Sec. 7. Permanent Registry of Motor Vehicle, Motor Vehicle Engines, Engine Blocks and Chassis. – The LTO shall keep a permanent registry of motor
vehicle, motor vehicle engines, engine blocks and chassis of all motor vehicles, specifying therein their type, make, serial numbers and stating
therein the names and addresses of their present and previous owners. Copies of the registry and of all entries made there on shall be furnished
the PNP and all LTO regional, provincial and city branch offices; Provided, That all LTO regional, provincial and city offices are likewise obliged to
furnish copies of all registrations of motor vehicles to the main office and to the PNP: Provided, further, That the original copy of the certificate of
registration shall be given to the registered owner, the second copy shall be retained with the LTO and the third copy shall be submitted to the
PNP. Moreover, it shall be unlawful for any person or employee who willfully encodes in the registry of motor vehicles a non-existing vehicle or
without history, new identity of already existing vehicle or double/ multiple registration (“KAMBAL”) of vehicle.

Sec. 8. Registration of Sale, Transfer, Conveyance of a Motor Vehicle, Substitution or Replacement of a Motor Vehicle Engine, Engine Block or
Chassis. – Every sale, transfer, conveyance of a motor vehicle, substitution or replacement of a motor vehicle engine, engine block or chassis of a
motor vehicle shall be registered with the LTO within twenty (20) working days upon purchase/acquisition of a motor vehicle and substitution or
replacement of a motor vehicle engine, engine block or chassis. A motor vehicle, motor vehicle engine, engine block or chassis not registered with
the LTO shall be presumed as a carnapped vehicle, an untaxed imported vehicle, or a vehicle proceeding from illegal sources unless proven
otherwise and shall be confiscated in favor of the government.

Sec. 9. Duty of Collector of Customs to Report. – Within seven (7) days after the arrival of an imported vehicle, motor vehicle engine, engine block,
chassis or body, the Collector of Customs of a principal port of entry where the imported vehicle or parts enumerated above are unloaded shall
report the shipment to the LTO, specifying the make, type and serial numbers, if any, of the motor vehicle, motor vehicle engine, engine block,
chassis or body, and stating the names and addresses of the owner or consignee thereof. If the motor vehicle, motor vehicle engine, engine block,
chassis or body does not bear any serial number, the Collector of Customs concerned shall hold the motor vehicle, motor vehicle engine, engine
block, chassis or body until it is numbered by the LTO: Provided, That a PNP clearance shall be required prior to engraving the engine or chassis
number.

Sec. 10. Duty of Importers, Distributors and Sellers of Motor Vehicles to Keep Record of Stocks. – Any person engaged in the importation,
distribution, and buying and selling of motor vehicles, motor vehicle engines, engine blocks, chassis or body shall keep a permanent record of one’s
stocks, stating therein their type, make and serial numbers, and the names and addresses of the persons from whom they were acquired and the
names and addresses of the persons to whom they are sold, and shall render accurately a monthly report of his/her transactions in motor vehicles
to the LTO.

SEC.11. Duty of Manufacturers of Engine Blocks, Chassis or Body to Cause the Numbering of Engine Blocks, Chassis or Body Manufactured. – Any
person engaged in the manufacture of engine blocks, chassis or body shall cause the numbering of every engine block, chassis or body
manufactured in a convenient and conspicuous part thereof which the LTO may direct for the purpose of uniformity and identification of the
factory and shall submit to the LTO a monthly report of the manufacture and sale of engine blocks, chassis or body.

Sec. 13. Clearance Required for Shipment of Motor Vehicles, Motor Vehicle Engines, Engine Blocks, Chassis or Body. – The Philippine Ports Authority
(PPA) shall submit a report to the PNP within seven (7) days upon boarding all motor vehicles being boarded the “RORO”, ferry, boat, vessel or ship
for interisland and international shipment. The PPA shall not allow the loading of motor vehicles in all interisland and international shipping vessels
without a motor vehicle clearance from the PNP, except cargo trucks and other trucks carrying goods. Land Transportation Franchising and
Regulatory Board (LTFRB)-accredited public utility vehicles (PUV) and other motor vehicles carrying foodstuff and dry goods.

Sec. 14. Defacing or Tampering with Serial Numbers of Motor Vehicle Engines, Engine Blocks and Chassis.– It shall be unlawful for any person to
deface or otherwise tamper with the original or registered serial number of motor vehicle engines, engine blocks and chassis.

Sec. 15. Identity Transfer. – It shall be unlawful for any person, office or entity to cause and/or allow the sale, registration, and/or transfer into
another name, the chassis number, engine number and plate number of a motor vehicle declared as “total wreck” or beyond economic repair by
concerned insurance company, and/or law enforcement agencies, due to its involvement in a vehicular accident or for some other causes. The LTO
shall cancel the registration of total wreck vehicle as reported by the PNP and/or as declared by the Insurance Commission.

Sec. 16. Transfer of Vehicle Plate. – It shall be unlawful for any person, office or entity to transfer or use a vehicle plate from one vehicle to another
without securing the proper authority from the LTO.

Sec. 17. Sale of Second Hand Spare Parts. – It shall be unlawful for any person, office or entity to buy and/or sell any second hand spare parts taken
from a carnapped vehicle.

Sec. 18. Foreign Nationals. – Foreign nationals convicted under the provisions of this Act shall be deported immediately after service of sentence
without further proceedings by the Bureau of Immigration.
Sec. 19. Reward. – Any person who voluntarily gives information leading to the recovery of carnapped vehicles and for the apprehension of the
persons charged with carnapping shall be given monetary reward as the PNP may determine. The PNP shall include in their annual budget the
amount necessary to carry out the purposes of this section. Any information given by informers shall be treated as confidential matter.

Sec. 20. Implementing Rules and Regulations. – The PNP together with the Department of Transportation and Communications, LTO, Philippine
Coast Guard, Maritime Industry Authority, Bureau of Customs and relevant motorists and automotive sectors shall, within sixty (60) days from the
effectivity of this Act, after unanimous approval, promulgate the necessary implementing rules and regulations to effectively carry out the
provisions of this Act, including the setting up of a coordinated online access and the effective clearance system mentioned in Section 12 of this Act
to expedite motor vehicle data and details verification.

10. [REPUBLIC ACT NO. 10591]

AN ACT PROVIDING FOR A COMPREHENSIVE LAW ON FIREARMS AND AMMUNITION AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF

ARTICLE I: TITLE, DECLARATION OF POLICY AND

DEFINITION OF TERMS

SECTION 1. Short Title. – This Act shall be known as the “Comprehensive Firearms and Ammunition Regulation Act”.

SEC. 2. Declaration of State Policy. – It is the policy of the State to maintain peace and order and protect the people against violence. The State also
recognizes the right of its qualified citizens to self-defense through, when it is the reasonable means to repel the unlawful aggression under the
circumstances, the use of firearms. Towards this end, the State shall provide for a comprehensive law regulating the ownership, possession,
carrying, manufacture, dealing in and importation of firearms, ammunition, or parts thereof, in order to provide legal support to law enforcement
agencies in their campaign against crime, stop the proliferation of illegal firearms or weapons and the illegal manufacture of firearms or weapons,
ammunition and parts thereof.

SEC. 3. Definition of Terms. – As used in this Act:

(a) Accessories refer to parts of a firearm which may enhance or increase the operational efficiency or accuracy of a firearm but will not constitute
any of the major or minor internal parts thereof such as, hut not limited to, laser scope, telescopic sight and sound suppressor or silencer.

(b) Ammunition refers to a complete unfixed unit consisting of a bullet, gunpowder, cartridge case and primer or loaded shell for use in any firearm.

(c) Antique firearm refers to any: (1) firearm which was manufactured at least seventy-five (75) years prior to the current date but not including
replicas; (2) firearm which is certified by the National Museum of the Philippines to be curio or relic of museum interest; and (3) any other firearm
which derives a substantial part of its monetary value from the fact that it is novel, rare, bizarre or because of its association with some historical
figure, period or event.

(d) Arms smuggling refers to the import, export, acquisition, sale, delivery, movement or transfer of firearms, their parts and components and
ammunition, from or across the territory of one country to that of another country which has not been authorized in accordance with domestic law
in either or both country/countries.

(e) Authority to import refers to a document issued by the Chief of the Philippine National Police (PNP) authorizing the importation of firearms, or
their parts, ammunition and other components.

(f) Authorized dealer refers to any person, legal entity, corporation, partnership or business entity duly licensed by the Firearms and Explosive
Office (FEO) of the PNP to engage in the business of buying and selling ammunition, firearms or parte thereof, at wholesale or retail basis.

(g) Authorized importer refers to any person, legal entity, corporation, partnership or business duly licensed by the FEO of the PNP to engage in the
business of importing ammunition and firearms, or parts thereof into the territory of the Republic of the Philippines for purposes of sale or
distribution under the provisions of this Act.

(h) Authorized manufacturer refers to any person, legal entity, corporation, or partnership duly licensed by the FEO of the PNP to engage in the
business of manufacturing firearms, and ammunition or parts thereof for purposes of sale or distribution.

(i) Confiscated firearm refers to a firearm that is taken into custody by the PNP, National Bureau of Investigation (NBI), Philippine Drug Enforcement
Agency (PDEA), and all other law enforcement agencies by reason of their mandate and must be necessarily reported or turned over to the PEO of
the PNP.

(j) Demilitarized firearm refers to a firearm deliberately made incapable of performing its main purpose of firing a projectile.

(k) Duty detail order refers to a document issued by the juridical entity or employer wherein the details of the disposition of firearm is spelled-out,
thus indicating the name of the employee, the firearm information, the specific duration and location of posting or assignment and the authorized
bonded firearm custodian for the juridical entity to whom such firearm is turned over after the lapse of the order.

(l) Firearm refers to any handheld or portable weapon, whether a small arm or light weapon, that expels or is designed to expel a bullet, shot, slug,
missile or any projectile, which is discharged by means of expansive force of gases from burning gunpowder or other form of combustion or any
similar instrument or implement. For purposes of this Act, the barrel, frame or receiver is considered a firearm.

(m) Firearms Information Management System (FIMS) refers to the compilation of all data and information on firearms ownership and disposition
for record purposes.
(n) Forfeited firearm refers to a firearm that is subject to forfeiture by reason of court order as accessory penalty or for the disposition by the FEO
of the PNP of firearms considered as abandoned, surrendered, confiscated or revoked in compliance with existing rules and regulations.

(o) Gun club refers to an organization duly registered with and accredited in good standing by the FEO of the PNP which is established for the
purpose of propagating responsible and safe gun ownership, proper appreciation and use of firearms by its members, for the purpose of sports and
shooting competition, self-defense and collection purposes.

(p) Gunsmith refers to any person, legal entity, corporation, partnership or business duly licensed by the FEO of the PNP to engage in the business
of repairing firearms and other weapons or constructing or assembling firearms and weapons from finished or manufactured parts thereof on a per
order basis and not in commercial quantities or of making minor parts for the purpose of repairing or assembling said firearms or weapons.

(q) Imitation firearm refers to a replica of a firearm, or other device that is so substantially similar in coloration and overall appearance to an
existing firearm as to lead a reasonable person to believe that such imitation firearm is a real firearm.

(r) Licensed citizen refers to any Filipino who complies with the qualifications set forth in this Act and duly issued with a license to possess or to
carry firearms outside of the residence in accordance with this Act.

(s) Licensed, juridical entity refers to corporations, organizations, businesses including security agencies and local government units (LGUs) which
are licensed to own and possess firearms in accordance with this Act.

(t) Light weapons are: Class-A Light weapons which refer to self-loading pistols, rifles and carbines, submachine guns, assault rifles and light
machine guns not exceeding caliber 7.62MM which have fully automatic mode; and Class-B Light weapons which refer to weapons designed for use
by two (2) or more persons serving as a crew, or rifles and machine guns exceeding caliber 7.62MM such as heavy machine guns, handheld
underbarrel and mounted grenade launchers, portable anti-aircraft guns, portable anti-tank guns, recoilless rifles, portable launchers of anti-tank
missile and rocket systems, portable launchers of anti-aircraft missile systems, and mortars of a caliber of less than 100MM.

(u) Long certificate of registration refers to licenses issued to government agencies or offices or government-owned or -controlled corporations for
firearms to be used by their officials and employees who are qualified to possess firearms as provider in this Act, excluding security guards.

(v) Loose firearm refers to an unregistered firearm, an obliterated or altered firearm, firearm which has been lost or stolen, illegally manufactured
firearms, registered firearms in the possession of an individual other than the licensee and those with revoked licenses in accordance with the rules
and regulations.

(w) Major part or components of a firearm refers to the barrel, slide, frame, receiver, cylinder or the bolt assembly. The term also includes any part
or kit designed and intended for use in converting a semi-automatic burst to a full automatic firearm.

(x) Minor parts of a firearm refers to the parts of the firearm other than the major parts which are necessary to effect and complete the action of
expelling a projectile by way of combustion, except those classified as accessories.

(y) Permit to carry firearm outside of residence refers to a written authority issued to a licensed citizen by the Chief of the PNP which entitles such
person to carry his/her registered or lawfully issued firearm outside of the residence for the duration and purpose specified in the authority.

(z) Permit to transport firearm refers to a written authority issued to a licensed citizen or entity by the Chief of the PNP or by a PNP Regional
Director which entitles such person or entity to transport a particular firearm from and to a specific location within the duration and purpose in the
authority.

(aa) Residence refers to the place or places of abode of the licensed citizen as indicated in his/her license.

(bb) Shooting range refers to a facility established for the purpose of firearms training and skills development, firearm testing, as well as for sports
and competition shooting either for the exclusive use of its members or open to the general public, duly registered with and accredited in good
standing by the FEO of the PNP.

(cc) Short certificate of registration refers to a certificate issued by the FEO of the PNP for a government official or employee who was issued by
his/her employer department, agency or government-owned or -controlled corporation a firearm covered by the long certificate of registration.

(dd) Small arms refer to firearms intended to be or primarily designed for individual use or that which is generally considered to mean a weapon
intended to be fired from the hand or shoulder, which are not capable of fully automatic bursts of discharge, such as:

(1) Handgun which is a firearm intended to be fired from the hand, which includes:

(i) A pistol which is a hand-operated firearm having a chamber integral with or permanently aligned with the bore which may be self-loading; and

(ii) Revolver which is a hand-operated firearm with a revolving cylinder containing chambers for individual cartridges.

(2) Rifle which is a shoulder firearm or designed to be fired from the shoulder that can discharge a bullet through a rifled barrel by different actions
of loading, which may be classified as lever, bolt, or self-loading; and

(3) Shotgun which is a weapon designed, made and intended to fire a number of ball shots or a single projectile through a smooth bore by the
action or energy from burning gunpowder.

(ee) Sports shooting competition refers to a defensive, precision or practical sport shooting competition duly authorized by the FEO of the PNP.
(ff) Tampered, obliterated or altered firearm refers to any firearm whose serial number or other identification or ballistics characteristics have been
intentionally tampered with, obliterated or altered without authority or in order to conceal its source, identity or ownership.

(gg) Thermal weapon sight refers to a battery operated, uncooled thermal imaging device which amplifies available thermal signatures so that the
viewed scene becomes clear to the operator which is used to locate and engage targets during daylight and from low light to total darkness and
operates in adverse conditions such as light rain, light snow, and dry smoke or in conjunction with other optical and red dot sights.

ARTICLE II

OWNERSHIP AND POSSESSION OF FIREARMS

SEC. 4. Standards and Requisites for Issuance of and Obtaining a License to Own and Possess Firearms. – In order to qualify and acquire a license to
own and possess a firearm or firearms and ammunition, the applicant must be a Filipino citizen, at least twenty-one (21) years old and has gainful
work, occupation or business or has filed an Income Tax Return (ITR) for the preceding year as proof of income, profession, business or occupation.

In addition, the applicant shall submit the following certification issued by appropriate authorities attesting the following:

(a) The applicant has not been convicted of any crime involving moral turpitude:

(b) The applicant has passed the psychiatric test administered by a PNP-accredited psychologist or psychiatrist;

(c) The applicant has passed the drug test conducted by an accredited and authorized drug testing laboratory or clinic;

(d) The applicant has passed a gun safety seminar which is administered by the PNP or a registered and authorized gun club;

(e) The applicant has filed in writing the application to possess a registered firearm which shall state the personal circumstances of the applicant;

(f) The applicant must present a police clearance from the city or municipality police office; and

(g) The applicant has not been convicted or is currently an accused in a pending criminal case before any court of law for a crime that is punishable
with a penalty of more than two (2) years.

For purposes of this Act, an acquittal or permanent dismissal of a criminal case before the courts of law shall qualify the accused thereof to qualify
and acquire a license.

The applicant shall pay the reasonable licensing fees as may be provided in the implementing rules and regulations of this Act.

An applicant who intends to possess a firearm owned by a juridical entity shall submit his/her duty detail order to the FEO of the PNP.

SEC. 5. Ownership of Firearms and Ammunition by a Juridical Entity. – A juridical person maintaining its own security force may be issued a regular
license to own and possess firearms and ammunition under the following conditions:

(a) It must be Filipino-owned and duly registered with the Securities and Exchange Commission (SEC);

(b) It is current, operational and a continuing concern;

(c) It has completed and submitted all its reportorial requirements to the SEC; and

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

The application shall be made in the name of the juridical person represented by its President or any of its officers mentioned below as duly
authorized in a board resolution to that effect: Provided, That the officer applying for the juridical entity, shall possess all the qualifications required
of a citizen applying for a license to possess firearms.

Other corporate officers eligible to represent the juridical person are: the vice president, treasurer, and board secretary.

Security agencies and LGUs shall be included in this category of licensed holders but shall be subject to additional requirements as may be required
by the Chief of the PNP.

SEC. 6. Ownership of Firearms by the National Government. – All firearms owned by the National Government shall be registered with the FEO of
the PNP in the name of the Republic of the Philippines. Such registration shall be exempt from all duties and taxes that may otherwise be levied on
other authorized owners of firearms. For reason of national security, firearms of the Armed Forces of the Philippines (AFP), Coast Guard and other
law enforcement agencies shall only be reported to the FEO of the PNP.

SEC. 7. Carrying of Firearms Outside of Residence or Place of Business. – A permit to carry firearms outside of residence shall be issued by the Chief
of the PNP or his/her duly authorized representative to any qualified person whose life is under actual threat or his/her life is in imminent danger
due to the nature of his/her profession, occupation or business.

It shall be the burden of the applicant to prove that his/her life is under actual threat by submitting a threat assessment certificate from the PNP.
For purposes of this Act, the following professionals are considered to be in imminent danger due to the nature of their profession, occupation or
business:

(a) Members of the Philippine Bar;

(b) Certified Public Accountants;
(c) Accredited Media Practitioners;
(d) Cashiers, Bank Tellers;
(e) Priests, Ministers, Rabbi, Imams;
(f) Physicians and Nurses;
(g) Engineers; and

(h) Businessmen, who by the nature of their business or undertaking, are exposed to high risk of being targets of criminal elements.

ARTICLE III:REGISTRATION AND LICENSING

SEC. 8. Authority to Issue License. – The Chief of the PNP, through the FEO of the PNP, shall issue licenses to qualified individuals and to cause the
registration of firearms.

SEC. 9. Licenses Issued to Individuals. – Subject to the requirements set forth in this Act and payment of required fees to be determined by the Chief
of the PNP, a qualified individual may be issued the appropriate license under the following categories;

Type 1 license – allows a citizen to own and possess a maximum of two (2) registered firearms;

Type 2 license – allows a citizen to own and possess a maximum of five (5) registered firearms;

Type 3 license – allows a citizen to own and possess a maximum of ten (10) registered firearms;

Type 4 license – allows a citizen to own and possess a maximum of fifteen (15) registered firearms; and

Type 5 license – allows a citizen, who is a certified gun collector, to own and possess more than fifteen (15) registered firearms.

For Types 1 to 5 licenses, a vault or a container secured by lock and key or other security measures for the safekeeping of firearms shall be
required.

For Types 3 to 5 licenses, the citizen must comply with the inspection and bond requirements.

SEC. 10. Firearms That May Be Registered. – Only small arms may be registered by licensed citizens or licensed juridical entities for ownership,
possession and concealed carry. A light weapon shall be lawfully acquired or possessed exclusively by the AFP, the PNP and other law enforcement
agencies authorized by the President in the performance of their duties: Provided, That private individuals who already have licenses to possess
Class-A light weapons upon the effectivity of this Act shall not be deprived of the privilege to continue possessing the same and renewing the
licenses therefor, for the sole reason that these firearms are Class “A” light weapons, and shall be required to comply with other applicable
provisions of this Act.

SEC. 11. Registration of Firearms. – The licensed citizen or licensed juridical entity shall register his/her/its firearms so purchased with the FEO of
the PNP in accordance with the type of license such licensed citizen or licensed juridical entity possesses. A certificate of registration of the firearm
shall be issued upon payment of reasonable fees.

For purposes of this Act, registration refers to the application, approval, record-keeping and monitoring of firearms with the FEO of the PNP in
accordance with the type of license issued to any person under Section 9 of this Act.

SEC. 12. License to Possess Ammunition Necessarily Included. – The licenses granted to qualified citizens or juridical entities as provided in Section 9
of this Act shall include the license to possess ammunition with a maximum of fifty (50) rounds for each registered firearm: Provided; That the FEO
of the PNP may allow more ammunition to be possessed by licensed sports shooters.

SEC. 13. Issuance of License to Manufacture or Deal In Firearms and Ammunition. – Any person desiring to manufacture or deal in firearms, parts of
firearms or ammunition thereof, or instruments and implements used or intended to be used in the manufacture of firearms, parts of firearms or
ammunition, shall make an application to:

(a) The Secretary of the Department of the Interior and Local Government (DILG) in the case of an application for a license to manufacture; and

(b) The Chief of the PNP in the case of a license to deal in firearms and firearms parts, ammunition and gun repair.

The applicant shall state the amount of capitalization for manufacture or cost of the purchase and sale of said articles intended to be transacted by
such applicant; and the types of firms, ammunition or implements which the applicant intends to manufacture or purchase and sell under the
license applied for; and such additional information as may be especially requested by the Secretary of the DILG or the Chief of the PNP.

The Secretary of the DILG or the Chief of the PNP may approve or disapprove such application based on the prescribed guidelines. In the case of
approval, the Secretary of the DILG or the Chief of the PNP shall indicate the amount of the bond to be executed by the applicant before the
issuance of the license and the period of time by which said license shall be effective, unless sooner revoked by their authority.

Upon approval of the license to manufacture or otherwise deal in firearms by the Secretary of the DILG or the Chief of the PNP as the case may be,
the same shall be transmitted to the FEO of the PNP which shall issue the license in accordance with the approved terms and conditions, upon the
execution and delivery by the applicant of the required bond conditioned upon the faithful compliance on the part of the licensee to the laws and
regulations relative to the business licensed.

SEC. 14. Scope of License to Manufacture Firearms and Ammunition. – The scope of the License to Manufacture firearms and ammunition shall also
include the following:

(a) The authority to manufacture and assemble firearms, ammunition, spare parts and accessories, ammunition components, and reloading of
ammunitions, within sites, areas, and factories stated therein. The Secretary of the DILG shall approve such license;

(b) The license to deal in or sell all the items covered by the License to Manufacture, such as parts, firearms or ammunition and components;

(c) The authority to subcontract the manufacturing of parts and accessories necessary for the firearms which the manufacturer is licensed to
manufacture: Provided, That the subcontractor of major parts or major components is also licensed to manufacture firearms and ammunition; and

(d) The authority to import machinery, equipment, and firearm parts and ammunition components for the manufacture thereof. Firearm parts and
ammunition components to be imported shall, however, be limited to those authorized to be manufactured as reflected in the approved License to
Manufacture. The Import Permit shall be under the administration of the PNP.

A licensed manufacturer of ammunition is also entitled to import various reference firearms needed to test the ammunition manufactured under
the License to Manufacture. A licensed manufacturer of firearms, on the other hand, is entitled to import various firearms for reference, test and
evaluation for manufacture of similar, types of firearms covered by the License to Manufacture.

An export permit shall, however, be necessary to export manufactured parts or finished products of firearms and ammunition. The Export Permit of
firearms and ammunition shall be under the administration of the PNP.

SEC. 15. Registration of Locally Manufactured and Imported Firearms. – Local manufacturers and importers of firearms and major parts thereof
shall register the same as follows:

(a) For locally manufactured firearms and major parts thereof, the initial registration shall be done at the manufacturing facility: Provided, That
firearms intended for export shall no longer be subjected to ballistic identification procedures; and

(b) For imported firearms and major parts thereof, the registration shall be done upon arrival at the FEO of the PNP storage facility.

SEC. 16. License and Scope of License to Deal. – The License to Deal authorizes the purchase, sale and general business in handling firearms and
ammunition, major and minor parts of firearms, accessories, spare parts, components, and reloading machines, which shall be issued by the Chief
of the PNP.

SEC. 17. License and Scope of License for Gunsmiths. – The license for gunsmiths shall allow the grantee to repair registered firearms. The license
shall include customization of firearms from finished or manufactured parts thereof on per order basis and not in commercial quantities and
making the minor parts thereof, i.e. pins, triggers, trigger bows, sights and the like only for the purpose of repairing the registered firearm. The
license for gunsmiths shall be issued by the Chief of the PNP.

SEC. 18. Firearms for Use in Sports and Competitions. – A qualified individual shall apply for a permit to transport his/her registered firearm/s from
his/her residence to the firing range/s and competition sites as may be warranted.

SEC. 19. Renewal of Licenses and Registration. – All types of licenses to possess a firearm shall be renewed every two (2) years. Failure to renew the
license on or before the date of its expiration shall cause the revocation of the license and of the registration of the firearm/s under said licensee.

The registration of the firearm shall be renewed every four (4) years. Failure to renew the registration of the firearm on or before the date of
expiration shall cause the revocation of the license of the firearm. The said firearm shall be confiscated or forfeited in favor of the government after
due process.

The failure to renew a license or registration within the periods stated above on two (2) occasions shall cause the holder of the firearm to be
perpetually disqualified from applying for any firearm license. The application for the renewal of the license or registration may be submitted to the
FEO of the PNP, within six (6) months before the date of the expiration of such license or registration.

SEC. 20. Inspection and Inventory. – The Chief of the PNP or his/her authorized representative shall require the submission of reports, inspect or
examine the inventory and records of a licensed manufacturer, dealer or importer of firearms and ammunition during reasonable hours.

ARTICLE IV: ACQUISITION, DEPOSIT OF FIREARMS, ABANDONED,

DEMILITARIZED AND ANTIQUE FIREARMS

SEC. 21. Acquisition or Purchase and Sale of Firearms and Ammunition. – Firearms and ammunition may only be acquired or purchased from
authorized dealers, importers or local manufacturers and may be transferred or sold only from a licensed citizen or licensed juridical entity to
another licensed citizen or licensed juridical entity: Provided, That, during election periods, the sale and registration of firearms and ammunition
and the issuance of the corresponding licenses to citizens shall be allowed on the condition that the transport or delivery thereof shall strictly
comply with the issuances, resolutions, rules and regulations promulgated by the Commission on Elections.

SEC. 22. Deposit of Firearms by Persons Arriving From Abroad. – A person arriving in the Philippines who is legally in possession of any firearm or
ammunition in his/her country of origin and who has declared the existence of the firearm upon embarkation and disembarkation but whose
firearm is not registered in the Philippines in accordance with this Act shall deposit the same upon written receipt with the Collector of Customs for
delivery to the FEO of the PNP for safekeeping, or for the issuance of a permit to transport if the person is a competitor in a sports shooting
competition. If the importation of the same is allowed and the party in question desires to obtain a domestic firearm license, the same should be
undertaken in accordance with the provisions of this Act. If no license is desired or leave to import is not granted, the firearm or ammunition in
question shall remain in the custody of the FEO of the PNP until otherwise disposed of in-accordance with law.

SEC. 23. Return of Firearms to Owner upon Departure from the Philippines. – Upon the departure from the Philippines of any person whose firearm
or ammunition is in the custody of the FEO of the PNP, the same shall, upon timely request, be delivered to the person through the Collector of
Customs. In the case of a participant in a local sports shooting competition, the firearm must be presented to the Collector of Customs before the
same is allowed to be loaded on board the carrier on which the person is to board.

SEC. 24. Safekeeping of Firearms and Ammunition. – Any licensee may deposit a registered firearm to the FEO of the PNP, or any Police Regional
Office for safekeeping. Reasonable fees for storage shall be imposed.

SEC. 25. Abandoned Firearms and Ammunition. – Any firearm or ammunition deposited in the custody of the FEO of the PNP pursuant to the
provisions of this Act, shall be deemed to have been abandoned by the owner or his/her authorized representative if he/she failed to reclaim the
same within five (5) years or failed to advise the FEO of the PNP of the disposition to be made thereof. Thereafter, the FEO of the PNP may dispose
of the same after compliance with established procedures.

SEC. 26. Death or Disability of Licensee. – Upon the death or legal disability of the holder of a firearm license, it shall be the duty of his/her next of
kin, nearest relative, legal representative, or other person who shall knowingly come into possession of such firearm or ammunition, to deliver the
same to the FEO of the PNP or Police Regional Office, and such firearm or ammunition shall be retained by the police custodian pending the
issuance of a license and its registration in accordance, with this Act. The failure to deliver the firearm or ammunition within six (6) months after
the death or legal disability of the licensee shall render the possessor liable for illegal possession of the firearm.

SEC. 27. Antique Firearm. – Any person who possesses an antique firearm shall register the same and secure a collector’s license from the FEO of
the PNP. Proper storage of antique firearm shall be strictly imposed. Noncompliance of this provision shall be considered as illegal possession of
the firearm as penalized in this Act.

ARTICLE V: PENAL PROVISIONS

SEC. 28. Unlawful Acquisition, or Possession of Firearms and Ammunition. – The unlawful acquisition, possession of firearms and ammunition shall
be penalized as follows:

(a) The penalty of prision mayor in its medium period shall be imposed upon any person who shall unlawfully acquire or possess a small arm;

(b) The penalty of reclusion temporal to reclusion perpetua shall be imposed if three (3) or more small arms or Class-A light weapons are unlawfully
acquired or possessed by any person;

(c) The penalty of prision mayor in its maximum period shall be imposed upon any person who shall unlawfully acquire or possess a Class-A light
weapon;

(d) The penalty of reclusion perpetua shall be imposed upon any person who shall, unlawfully acquire or possess a Class-B light weapon;

(e) The penalty of one (1) degree higher than that provided in paragraphs (a) to (c) in this section shall be imposed upon any person who shall
unlawfully possess any firearm under any or combination of the following conditions:

(1) Loaded with ammunition or inserted with a loaded magazine;

(2) Fitted or mounted with laser or any gadget used to guide the shooter to hit the target such as thermal weapon sight (TWS) and the like;

(3) Fitted or mounted with sniper scopes, firearm muffler or firearm silencer;

(4) Accompanied with an extra barrel; and

(5) Converted to be capable of firing full automatic bursts.

(f) The penalty of prision mayor in its minimum period shall be imposed upon any person who shall unlawfully acquire or possess a major part of a
small arm;

(g) The penalty of prision mayor in its minimum period shall be imposed upon any person who shall unlawfully acquire or possess ammunition for a
small arm or Class-A light weapon. If the violation of this paragraph is committed by the same person charged with the unlawful acquisition or
possession of a small arm, the former violation shall be absorbed by the latter;

(h) The penalty of prision mayor in its medium period shall be imposed upon any person who shall unlawfully acquire or possess a major part of a
Class-A light weapon;

(i) The penalty of prision mayor in its medium period shall be imposed upon any person who shall unlawfully acquire or possess ammunition for a
Class-A light weapon. If the violation of this paragraph is committed by the same person charged with the unlawful acquisition or possession of a
Class-A light weapon, the former violation shall be absorbed by the latter;

(j) The penalty of prision mayor in its maximum period shall be imposed upon any person who shall unlawfully acquire or possess a major part of a
Class-B light weapon; and
(k) The penalty of prision mayor in its maximum period shall be imposed upon any person who shall unlawfully acquire or possess ammunition for a
Class-B light weapon. If the violation of this paragraph is committed by the same person charged with the unlawful acquisition or possession of a
Class-B light weapon, the former violation shall be absorbed by the latter.

SEC. 29. Use of Loose Firearm in the Commission of a Crime. – The use of a loose firearm, when inherent in the commission of a crime punishable
under the Revised Penal Code or other special laws, shall be considered as an aggravating circumstance: Provided, That if the crime committed with
the use of a loose firearm is penalized by the law with a maximum penalty which is lower than that prescribed in the preceding section for illegal
possession of firearm, the penalty for illegal possession of firearm shall be imposed in lieu of the penalty for the crime
charged: Provided, further, That if the crime committed with the use of a loose firearm is penalized by the law with a maximum penalty which is
equal to that imposed under the preceding section for illegal possession of firearms, the penalty of prision mayor in its minimum period shall be
imposed in addition to the penalty for the crime punishable under the Revised Penal Code or other special laws of which he/she is found guilty.

If the violation of this Act is in furtherance of, or incident to, or in connection with the crime of rebellion of insurrection, or attempted coup d’
etat, such violation shall be absorbed as an element of the crime of rebellion or insurrection, or attempted coup d’ etat.

If the crime is committed by the person without using the loose firearm, the violation of this Act shall be considered as a distinct and separate
offense..

SEC. 31. Absence of Permit to Carry Outside of Residence. – The penalty of prision correccional and a fine of Ten thousand pesos (P10,000.00) shall
be imposed upon any person who is licensed to own a firearm but who shall carry the registered firearm outside his/her residence without any
legal authority therefor.

SEC. 32. Unlawful Manufacture, Importation, Sale or Disposition of Firearms or Ammunition or Parts Thereof, Machinery, Tool or Instrument Used or
Intended to be Used in the Manufacture of Firearms, Ammunition or Parts Thereof. – The penalty of reclusion temporal to reclusion perpetua shall
be imposed upon any person who shall unlawfully engage in the manufacture, importation, sale or disposition of a firearm or ammunition, or a
major part of a firearm or ammunition, or machinery, tool or instrument used or intended to be used by the same person in the manufacture of a
firearm, ammunition, or a major part thereof.

The possession of any machinery, tool or instrument used directly in the manufacture of firearms, ammunition, or major parts thereof by any
person whose business, employment or activity does not lawfully deal with the possession of such article, shall be prima facie evidence that such
article is intended to be used in the unlawful or illegal manufacture of firearms, ammunition or parts thereof.

The penalty of prision mayor in its minimum period to prision mayor in its medium period shall be imposed upon any laborer, worker or employee
of a licensed firearms dealer who shall unlawfully take, sell or otherwise dispose of parts of firearms or ammunition which the company
manufactures and sells, and other materials used by the company in the manufacture or sale of firearms or ammunition. The buyer or possessor of
such stolen part or material, who is aware that such part or material was stolen, shall suffer the same penalty as the laborer, worker or employee.

If the violation or offense is committed by a corporation, partnership, association or other juridical entity, the penalty provided for in this section
shall be imposed upon the directors, officers, employees or other officials or persons therein who knowingly and willingly participated in the
unlawful act.

SEC. 33. Arms Smuggling. – The penalty of reclusion perpetua shall be imposed upon any person who shall engage or participate in arms smuggling
as defined in this Act.

SEC. 34. Tampering, Obliteration or Alteration of Firearms Identification. – The penalty of prision correccional to prision mayor in its minimum
period shall be imposed upon any person who shall tamper, obliterate or alter without authority the barrel, slide, frame, receiver, cylinder, or bolt
assembly, including the name of the maker, model, or serial number of any firearm, or who shall replace without authority the barrel, slide, frame,
receiver, cylinder, or bolt assembly, including its individual or peculiar identifying characteristics essential in forensic examination of a firearm or
light weapon.

The PNP shall place this information, including its individual or peculiar identifying characteristics into the database of integrated firearms
identification system of the PNP Crime Laboratory for future use and identification of a particular firearm.

SEC. 35. Use of an Imitation Firearm. – An imitation firearm used in the commission of a crime shall be considered a real firearm as defined in this
Act and the person who committed the crime shall be punished in accordance with this Act: Provided, That injuries caused on the occasion of the
conduct of competitions, sports, games, or any recreation activities involving imitation firearms shall not be punishable under this Act.

SEC. 36. In Custodia Legis. – During the pendency of any case filed in violation of this Act, seized firearm, ammunition, or parts thereof, machinery,
tools or instruments shall remain in the custody of the court. If the court decides that it has no adequate means to safely keep the same, the court
shall issue an order to turn over to the PNP Crime Laboratory such firearm, ammunition, or parts thereof, machinery, tools or instruments in its
custody during the pendency of the case and to produce the same to the court when so ordered. No bond shall be admitted for the release of the
firearm, ammunition or parts thereof, machinery, tool or instrument. Any violation of this paragraph shall be punishable by prision mayor in its
minimum period to prision mayor in its medium period.

SEC. 37. Confiscation and Forfeiture. – The imposition of penalty for any violation of this Act shall carry with it the accessory penalty of confiscation
and forfeiture of the firearm, ammunition, or parts thereof, machinery, tool or instrument in favor of the government which shall be disposed of in
accordance with law.

SEC. 38. Liability for Planting Evidence. – The penalty of prision mayor in its maximum period shall be imposed upon any person who shall willfully
and maliciously insert; place, and/or attach, directly or indirectly, through any overt or covert act, any firearm, or ammunition, or parts thereof in
the person, house, effects, or in the immediate vicinity of an innocent individual for the purpose of implicating or incriminating the person, or
imputing the commission of any violation of the provisions of this Act to said individual. If the person found guilty under this paragraph is a public
officer or employee, such person shall suffer the penalty of reclusion perpetua.
SEC. 39. Grounds for Revocation, Cancellation or Suspension of License or Permit. – The Chief of the PNP or his/her authorized representative may
revoke, cancel or suspend a license or permit on the following grounds:

(a) Commission of a crime or offense involving the firearm, ammunition, of major parts thereof;

(b) Conviction of a crime involving moral turpitude or any offense where the penalty carries an imprisonment of more than six (6) years;

(c) Loss of the firearm, ammunition, or any parts thereof through negligence;

(d) Carrying of the firearm, ammunition, or major parts thereof outside of residence or workplace without, the proper permit to carry the same;

(e) Carrying of the firearm, ammunition, or major parts thereof in prohibited places;

(f) Dismissal for cause from the service in case of government official and employee;

(g) Commission of any of the acts penalized under Republic Act No. 9165, otherwise known as the “Comprehensive Dangerous Drugs Act of 2002”;

(h) Submission of falsified documents or misrepresentation in the application to obtain a license or permit;

(i) Noncompliance of reportorial requirements; and

(j) By virtue of a court order.

SEC. 40. Failure to Notify Lost or Stolen Firearm or Light Weapon. – A fine of Ten thousand pesos (P10,000.00) shall be imposed upon any licensed
firearm holder who fails to report to the FEO of the PNP that the subject firearm has been lost or stolen within a period of thirty (30) days from the
date of discovery.

Likewise, a fine of Five thousand pesos (P5,000.00) shall be imposed upon any person holding a valid firearm license who changes residence or
office address other than that indicated in the license card and fails within a period of thirty (30) days from said transfer to notify the FEO of the
PNP of such change of address.

SEC. 41. Illegal Transfer/Registration of Firearms. – It shall be unlawful to transfer possession of any firearm to any person who has not yet
obtained or secured the necessary license or permit thereof.

The penalty of prision correccional shall be imposed upon any person who shall violate the provision of the preceding paragraph. In addition,
he/she shall be disqualified to apply for a license to possess other firearms and all his/her existing firearms licenses whether for purposes of
commerce or possession, shall be revoked. If government-issued firearms, ammunition or major parts of firearms or light weapons are unlawfully
disposed, sold or transferred by any law enforcement agent or public officer to private individuals, the penalty of reclusion temporal shall be
imposed.

Any public officer or employee or any person who shall facilitate the registration of a firearm through fraud, deceit, misrepresentation or
submission of falsified documents shall suffer the penalty of prision correccional.

ARTICLE VI

FINAL PROVISIONS

SEC. 42. Firearms Repository. – The FEO of the PNP shall be the sole repository of all firearms records to include imported and locally manufactured
firearms and ammunition. Within one (1) year upon approval of this Act, all military and law enforcement agencies, government agencies, LGUs
and government-owned or -controlled corporations shall submit an inventory of all their firearms and ammunition to the PNP.

SEC. 43. Final Amnesty. – Persons in possession of unregistered firearms and holders of expired license or unregistered firearms shall register and
renew the same through the Final General Amnesty within six (6) months from the promulgation of the implementing rules and regulations of this
Act. During the interim period of six (6) months, no person applying for license shall be charged of any delinquent payment accruing to the firearm
subject for registration. The PNP shall conduct an intensive nationwide campaign to ensure that the general public is properly informed of the
provisions of this Act.

11. REPUBLIC ACT No. 8049

AN ACT REGULATING HAZING AND OTHER FORMS OF INITIATION RITES IN FRATERNITIES, SORORITIES, AND OTHER ORGANIZATIONS AND
PROVIDING PENALTIES THEREFOR

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

The term "organization" shall include any club or the Armed Forces of the Philippines, Philippine National Police, Philippine Military Academy, or
officer and cadet corp of the Citizen's Military Training and Citizen's Army Training. The physical, mental and psychological testing and training
procedure and practices to determine and enhance the physical, mental and psychological fitness of prospective regular members of the Armed
Forces of the Philippines and the Philippine National Police as approved ny the Secretary of National Defense and the National Police Commission
duly recommended by the Chief of Staff, Armed Forces of the Philippines and the Director General of the Philippine National Police shall not be
considered as hazing for the purposes of this Act.
Section 2. No hazing or initiation rites in any form or manner by a fraternity, sorority or organization shall be allowed without prior written notice
to the school authorities or head of organization seven (7) days before the conduct of such initiation. The written notice shall indicate the period of
the initiation activities which shall not exceed three (3) days, shall include the names of those to be subjected to such activities, and shall further
contain an undertaking that no physical violence be employed by anybody during such initiation rites.

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

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

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

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

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

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

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

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

7. The penalty of prison mayor in its minimum period (6 years and one day to 8 years) if in consequence of the hazing the victim shall have been ill
or incapacitated for the performance on the activity or work in which he was habitually engaged from one (1) to nine (9) days, or that the injury
sustained shall require medical assistance for the same period.

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

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

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

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

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

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

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

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

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

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

The presence of any person during the hazing is prima facie evidence of participation therein as principal unless he prevented the commission of
the acts punishable herein.
Any person charged under this provision shall not be entitled to the mitigating circumstance that there was no intention to commit so grave a
wrong.

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

12. REPUBLIC ACT N0. 9745

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

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

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

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

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

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

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

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

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

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

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

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

Section 4. Acts of Torture. - For purposes of this Act, torture shall include, but not be limited to, the following:
(a) Physical torture is a form of treatment or punishment inflicted by a person in authority or agent of a person in authority upon another in his/her
custody that causes severe pain, exhaustion, disability or dysfunction of one or more parts of the body, such as:
(1) Systematic beating, headbanging, punching, kicking, striking with truncheon or rifle butt or other similar objects, and jumping on the stomach;
(2) Food deprivation or forcible feeding with spoiled food, animal or human excreta and other stuff or substances not normally eaten;
(3) Electric shock;
(4) Cigarette burning; burning by electrically heated rods, hot oil, acid; by the rubbing of pepper or other chemical substances on mucous
membranes, or acids or spices directly on the wound(s);
(5) The submersion of the head in water or water polluted with excrement, urine, vomit and/or blood until the brink of suffocation;
(6) Being tied or forced to assume fixed and stressful bodily position;
(7) Rape and sexual abuse, including the insertion of foreign objects into the sex organ or rectum, or electrical torture of the genitals;
(8) Mutilation or amputation of the essential parts of the body such as the genitalia, ear, tongue, etc.;
(9) Dental torture or the forced extraction of the teeth;
(10) Pulling out of fingernails;
(11) Harmful exposure to the elements such as sunlight and extreme cold;
(12) The use of plastic bag and other materials placed over the head to the point of asphyxiation;
(13) The use of psychoactive drugs to change the perception, memory. alertness or will of a person, such as:

(i) The administration or drugs to induce confession and/or reduce mental competency; or
(ii) The use of drugs to induce extreme pain or certain symptoms of a disease; and
(14) Other analogous acts of physical torture; and
(b) "Mental/Psychological Torture" refers to acts committed by a person in authority or agent of a person in authority which are calculated to affect
or confuse the mind and/or undermine a person's dignity and morale, such as:

(1) Blindfolding;
(2) Threatening a person(s) or his/fher relative(s) with bodily harm, execution or other wrongful acts;
(3) Confinement in solitary cells or secret detention places;
(4) Prolonged interrogation;
(5) Preparing a prisoner for a "show trial", public display or public humiliation of a detainee or prisoner;
(6) Causing unscheduled transfer of a person deprived of liberty from one place to another, creating the belief that he/she shall be summarily
executed;
(7) Maltreating a member/s of a person's family;
(8) Causing the torture sessions to be witnessed by the person's family, relatives or any third party;
(9) Denial of sleep/rest;
(10) Shame infliction such as stripping the person naked, parading him/her in public places, shaving the victim's head or putting marks on his/her
body against his/her will;
(11) Deliberately prohibiting the victim to communicate with any member of his/her family; and
(12) Other analogous acts of mental/psychological torture.
Section 5. Other Cruel, Inhuman and Degrading Treatment or Punishment. - Other cruel, inhuman or degrading treatment or punishment refers to a
deliberate and aggravated treatment or punishment not enumerated under Section 4 of this Act, inflicted by a person in authority or agent of a
person in authority against another person in custody, which attains a level of severity sufficient to cause suffering, gross humiliation or
debasement to the latter. The assessment of the level of severity shall depend on all the circumstances of the case, including the duration of the
treatment or punishment, its physical and mental effects and, in some cases, the sex, religion, age and state of health of the victim.

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

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

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

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

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

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

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

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

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

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

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

(b) The name and address of the nearest kin of the patient or victim;
(c) The name and address of the person who brought the patient or victim for physical, psychological and mental examination, and/or medical
treatment;
(d) The nature and probable cause of the patient or victim's injury, pain and disease and/or trauma;
(e) The approximate time and date when the injury, pain, disease and/or trauma was/were sustained;
(f) The place where the injury, pain, disease and/or trauma was/were sustained;
(g) The time, date and nature of treatment necessary; and
(h) The diagnosis, the prognosis and/or disposition of the patient.
Any person who does not wish to avail of the rights under this pr<;lvision may knowingly and voluntarily waive such rights in writing, executed in
the presence and assistance of his/her counsel.

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

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

The immediate commanding officer of the unit concerned of the AFP or the immediate senior public official of the PNP and other law enforcement
agencies shall be held liable as a principal to the crime of torture or other cruel or inhuman and degrading treatment or punishment for any act or
omission, or negligence committed by him/her that shall have led, assisted, abetted or allowed, whether directly or indirectly, the commission
thereof by his/her subordinates. If he/she has knowledge of or, owing to the circumstances at the time, should have known that acts of torture or
other cruel, inhuman and degrading treatment or punishment shall be committed, is being committed, or has been committed by his/her
subordinates or by others within his/her area of responsibility and, despite such knowledge, did not take preventive or corrective action either
before, during or immediately after its commission, when he/she has the authority to prevent or investigate allegations of torture or other cruel,
inhuman and degrading treatment or punishment but failed to prevent or investigate allegations of such act, whether deliberately or due to
negligence shall also be liable as principals.

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

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

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

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

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

(2) Torture resulting in mutilation;
(3) Torture with rape;
(4) Torture with other forms of sexual abuse and, in consequence of torture, the victim shall have become insane, imbecile, impotent, blind or
maimed for life; and
(5) Torture committed against children.
(b) The penalty of reclusion temporal shall be imposed on those who commit any act of mental/psychological torture resulting in insanity, complete
or partial amnesia, fear of becoming insane or suicidal tendencies of the victim due to guilt, worthlessness or shame.

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

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

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

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

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

(h) The penalty of arresto mayor shall be imposed for acts constituting cruel, inhuman or degrading treatment or punishment as defined in Section
5 of this Act.
(i) The penalty of prision correccional shall be imposed upon those who establish, operate and maintain secret detention places and/or effect or
cause to effect solitary confinement, incommunicado or other similar forms of prohibited detention as provided in Section 7 of this Act where
torture may be carried out with impunity.

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

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

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

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

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

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

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

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

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

13. Republic Act No. 9995

AN ACT DEFINING AND PENALIZING THE CRIME OF PHOTO AND VIDEO VOYEURISM, PRESCRIBING PENALTIES THEREFOR, AND FOR OTHER
PURPOSES

Section 1. Short Title. - This Act shall be known as the "Anti-Photo and Video Voyeurism Act of 2009".

Section 2. Declaration of Policy. - The State values the dignity and privacy of every human person and guarantees full respect for human rights.
Toward this end, the State shall penalize acts that would destroy the honor, dignity and integrity of a person.

Section 3. Definition of Terms. - For purposes of this Act, the term:

(a) "Broadcast" means to make public, by any means, a visual image with the intent that it be viewed by a person or persons.

(b) "Capture" with respect to an image, means to videotape, photograph, film, record by any means, or broadcast.

(c) "Female breast" means any portion of the female breast.

(d) "Photo or video voyeurism" means the act of taking photo or video coverage of a person or group of persons performing sexual act or any
similar activity or of capturing an image of the private area of a person or persons without the latter's consent, under circumstances in which such
person/s has/have a reasonable expectation of privacy, or the act of selling, copying, reproducing, broadcasting, sharing, showing or exhibiting the
photo or video coverage or recordings of such sexual act or similar activity through VCD/DVD, internet, cellular phones and similar means or device
without the written consent of the person/s involved, notwithstanding that consent to record or take photo or video coverage of same was given
by such person's.
(e) "Private area of a person" means the naked or undergarment clad genitals, public area, buttocks or female breast of an individual.

(f) "Under circumstances in which a person has a reasonable expectation of privacy" means believe that he/she could disrobe in privacy, without
being concerned that an image or a private area of the person was being captured; or circumstances in which a reasonable person would believe
that a private area of the person would not be visible to the public, regardless of whether that person is in a public or private place.

Section 4. Prohibited Acts. - It is hereby prohibited and declared unlawful for any person:

(a) To take photo or video coverage of a person or group of persons performing sexual act or any similar activity or to capture an image of the
private area of a person/s such as the naked or undergarment clad genitals, public area, buttocks or female breast without the consent of the
person/s involved and under circumstances in which the person/s has/have a reasonable expectation of privacy;

(b) To copy or reproduce, or to cause to be copied or reproduced, such photo or video or recording of sexual act or any similar activity with or
without consideration;

(c) To sell or distribute, or cause to be sold or distributed, such photo or video or recording of sexual act, whether it be the original copy or
reproduction thereof; or

(d) To publish or broadcast, or cause to be published or broadcast, whether in print or broadcast media, or show or exhibit the photo or video
coverage or recordings of such sexual act or any similar activity through VCD/DVD, internet, cellular phones and other similar means or device.

The prohibition under paragraphs (b), (c) and (d) shall apply notwithstanding that consent to record or take photo or video coverage of the same
was given by such person/s. Any person who violates this provision shall be liable for photo or video voyeurism as defined herein.

Section 5. Penalties. - The penalty of imprisonment of not less that three (3) years but not more than seven (7) years and a fine of not less than One
hundred thousand pesos (P100,000.00) but not more than Five hundred thousand pesos (P500,000.00), or both, at the discretion of the court shall
be imposed upon any person found guilty of violating Section 4 of this Act.

If the violator is a juridical person, its license or franchise shall be automatically be deemed revoked and the persons liable shall be the officers
thereof including the editor and reporter in the case of print media, and the station manager, editor and broadcaster in the case of a broadcast
media.

If the offender is a public officer or employee, or a professional, he/she shall be administratively liable.

If the offender is an alien, he/she shall be subject to deportation proceedings after serving his/her sentence and payment of fines.

Section 6. Exemption. - Nothing contained in this Act, however, shall render it unlawful or punishable for any peace officer, who is authorized by a
written order of the court, to use the record or any copy thereof as evidence in any civil, criminal investigation or trial of the crime of photo or
video voyeurism: Provided, That such written order shall only be issued or granted upon written application and the examination under oath or
affirmation of the applicant and the witnesses he/she may produce, and upon showing that there are reasonable grounds to believe that photo or
video voyeurism has been committed or is about to be committed, and that the evidence to be obtained is essential to the conviction of any person
for, or to the solution or prevention of such, crime.

Section 7. Inadmissibility of Evidence. - Any record, photo or video, or copy thereof, obtained or secured by any person in violation of the preceding
sections shall not be admissible in evidence in any judicial, quasi-judicial, legislative or administrative hearing or investigation.1avvphi1

14. REPUBLIC ACT NO. 10175

AN ACT DEFINING CYBERCRIME, PROVIDING FOR THE PREVENTION, INVESTIGATION, SUPPRESSION AND THE IMPOSITION OF PENALTIES
THEREFOR AND FOR OTHER PURPOSES

CHAPTER I
PRELIMINARY PROVISIONS

Section 1. Title. — This Act shall be known as the "Cybercrime Prevention Act of 2012″.

Section 2. Declaration of Policy. — The State recognizes the vital role of information and communications industries such as content production,
telecommunications, broadcasting electronic commerce, and data processing, in the nation’s overall social and economic development. The State
also recognizes the importance of providing an environment conducive to the development, acceleration, and rational application and exploitation
of information and communications technology (ICT) to attain free, easy, and intelligible access to exchange and/or delivery of information; and the
need to protect and safeguard the integrity of computer, computer and communications systems, networks, and databases, and the
confidentiality, integrity, and availability of information and data stored therein, from all forms of misuse, abuse, and illegal access by making
punishable under the law such conduct or conducts. In this light, the State shall adopt sufficient powers to effectively prevent and combat such
offenses by facilitating their detection, investigation, and prosecution at both the domestic and international levels, and by providing arrangements
for fast and reliable international cooperation.

Section 3. Definition of Terms. — For purposes of this Act, the following terms are hereby defined as follows:

(a) Access refers to the instruction, communication with, storing data in, retrieving data from, or otherwise making use of any resources of a
computer system or communication network.

(b) Alteration refers to the modification or change, in form or substance, of an existing computer data or program.
(c) Communication refers to the transmission of information through ICT media, including voice, video and other forms of data.

(d) Computer refers to an electronic, magnetic, optical, electrochemical, or other data processing or communications device, or grouping of such
devices, capable of performing logical, arithmetic, routing, or storage functions and which includes any storage facility or equipment or
communications facility or equipment directly related to or operating in conjunction with such device. It covers any type of computer device
including devices with data processing capabilities like mobile phones, smart phones, computer networks and other devices connected to the
internet.

(e) Computer data refers to any representation of facts, information, or concepts in a form suitable for processing in a computer system including a
program suitable to cause a computer system to perform a function and includes electronic documents and/or electronic data messages whether
stored in local computer systems or online.

(f) Computer program refers to a set of instructions executed by the computer to achieve intended results.

(g) Computer system refers to any device or group of interconnected or related devices, one or more of which, pursuant to a program, performs
automated processing of data. It covers any type of device with data processing capabilities including, but not limited to, computers and mobile
phones. The device consisting of hardware and software may include input, output and storage components which may stand alone or be
connected in a network or other similar devices. It also includes computer data storage devices or media.

(h) Without right refers to either: (i) conduct undertaken without or in excess of authority; or (ii) conduct not covered by established legal defenses,
excuses, court orders, justifications, or relevant principles under the law.

(i) Cyber refers to a computer or a computer network, the electronic medium in which online communication takes place.

(j) Critical infrastructure refers to the computer systems, and/or networks, whether physical or virtual, and/or the computer programs, computer
data and/or traffic data so vital to this country that the incapacity or destruction of or interference with such system and assets would have a
debilitating impact on security, national or economic security, national public health and safety, or any combination of those matters.

(k) Cybersecurity refers to the collection of tools, policies, risk management approaches, actions, training, best practices, assurance and
technologies that can be used to protect the cyber environment and organization and user’s assets.

(l) Database refers to a representation of information, knowledge, facts, concepts, or instructions which are being prepared, processed or stored or
have been prepared, processed or stored in a formalized manner and which are intended for use in a computer system.

(m) Interception refers to listening to, recording, monitoring or surveillance of the content of communications, including procuring of the content of
data, either directly, through access and use of a computer system or indirectly, through the use of electronic eavesdropping or tapping devices, at
the same time that the communication is occurring.

(n) Service provider refers to:

(1) Any public or private entity that provides to users of its service the ability to communicate by means of a computer system; and

(2) Any other entity that processes or stores computer data on behalf of such communication service or users of such service.

(o) Subscriber’s information refers to any information contained in the form of computer data or any other form that is held by a service provider,
relating to subscribers of its services other than traffic or content data and by which identity can be established:

(1) The type of communication service used, the technical provisions taken thereto and the period of service;

(2) The subscriber’s identity, postal or geographic address, telephone and other access numbers, any assigned network address, billing and
payment information, available on the basis of the service agreement or arrangement; and

(3) Any other available information on the site of the installation of communication equipment, available on the basis of the service agreement or
arrangement.

(p) Traffic data or non-content data refers to any computer data other than the content of the communication including, but not limited to, the
communication’s origin, destination, route, time, date, size, duration, or type of underlying service.

CHAPTER II
PUNISHABLE ACTS

Section 4. Cybercrime Offenses. — The following acts constitute the offense of cybercrime punishable under this Act:

(a) Offenses against the confidentiality, integrity and availability of computer data and systems:

(1) Illegal Access. – The access to the whole or any part of a computer system without right.

(2) Illegal Interception. – The interception made by technical means without right of any non-public transmission of computer data to, from, or
within a computer system including electromagnetic emissions from a computer system carrying such computer data.

(3) Data Interference. — The intentional or reckless alteration, damaging, deletion or deterioration of computer data, electronic document, or
electronic data message, without right, including the introduction or transmission of viruses.
(4) System Interference. — The intentional alteration or reckless hindering or interference with the functioning of a computer or computer network
by inputting, transmitting, damaging, deleting, deteriorating, altering or suppressing computer data or program, electronic document, or electronic
data message, without right or authority, including the introduction or transmission of viruses.

(5) Misuse of Devices.

(i) The use, production, sale, procurement, importation, distribution, or otherwise making available, without right, of:

(aa) A device, including a computer program, designed or adapted primarily for the purpose of committing any of the offenses under this Act; or

(bb) A computer password, access code, or similar data by which the whole or any part of a computer system is capable of being accessed with
intent that it be used for the purpose of committing any of the offenses under this Act.

(ii) The possession of an item referred to in paragraphs 5(i)(aa) or (bb) above with intent to use said devices for the purpose of committing any of
the offenses under this section.

(6) Cyber-squatting. – The acquisition of a domain name over the internet in bad faith to profit, mislead, destroy reputation, and deprive others
from registering the same, if such a domain name is:

(i) Similar, identical, or confusingly similar to an existing trademark registered with the appropriate government agency at the time of the domain
name registration:

(ii) Identical or in any way similar with the name of a person other than the registrant, in case of a personal name; and

(iii) Acquired without right or with intellectual property interests in it.

(b) Computer-related Offenses:

(1) Computer-related Forgery. —

(i) The input, alteration, or deletion of any computer data without right resulting in inauthentic data with the intent that it be considered or acted
upon for legal purposes as if it were authentic, regardless whether or not the data is directly readable and intelligible; or

(ii) The act of knowingly using computer data which is the product of computer-related forgery as defined herein, for the purpose of perpetuating a
fraudulent or dishonest design.

(2) Computer-related Fraud. — The unauthorized input, alteration, or deletion of computer data or program or interference in the functioning of a
computer system, causing damage thereby with fraudulent intent: Provided, That if no damage has yet been caused, the penalty imposable shall be
one (1) degree lower.

(3) Computer-related Identity Theft. – The intentional acquisition, use, misuse, transfer, possession, alteration or deletion of identifying
information belonging to another, whether natural or juridical, without right: Provided, That if no damage has yet been caused, the penalty
imposable shall be one (1) degree lower.

(c) Content-related Offenses:

(1) Cybersex. — The willful engagement, maintenance, control, or operation, directly or indirectly, of any lascivious exhibition of sexual organs or
sexual activity, with the aid of a computer system, for favor or consideration.

(2) Child Pornography. — The unlawful or prohibited acts defined and punishable by Republic Act No. 9775 or the Anti-Child Pornography Act of
2009, committed through a computer system: Provided, That the penalty to be imposed shall be (1) one degree higher than that provided for in
Republic Act No. 9775.1âwphi1

(3) Unsolicited Commercial Communications. — The transmission of commercial electronic communication with the use of computer system which
seek to advertise, sell, or offer for sale products and services are prohibited unless:

(i) There is prior affirmative consent from the recipient; or

(ii) The primary intent of the communication is for service and/or administrative announcements from the sender to its existing users, subscribers
or customers; or

(iii) The following conditions are present:

(aa) The commercial electronic communication contains a simple, valid, and reliable way for the recipient to reject. receipt of further commercial
electronic messages (opt-out) from the same source;

(bb) The commercial electronic communication does not purposely disguise the source of the electronic message; and

(cc) The commercial electronic communication does not purposely include misleading information in any part of the message in order to induce the
recipients to read the message.
(4) Libel. — The unlawful or prohibited acts of libel as defined in Article 355 of the Revised Penal Code, as amended, committed through a
computer system or any other similar means which may be devised in the future.

Section 5. Other Offenses. — The following acts shall also constitute an offense:

(a) Aiding or Abetting in the Commission of Cybercrime. – Any person who willfully abets or aids in the commission of any of the offenses
enumerated in this Act shall be held liable.

(b) Attempt in the Commission of Cybercrime. — Any person who willfully attempts to commit any of the offenses enumerated in this Act shall be
held liable.

Section 6. All crimes defined and penalized by the Revised Penal Code, as amended, and special laws, if committed by, through and with the use of
information and communications technologies shall be covered by the relevant provisions of this Act: Provided, That the penalty to be imposed
shall be one (1) degree higher than that provided for by the Revised Penal Code, as amended, and special laws, as the case may be.

Section 7. Liability under Other Laws. — A prosecution under this Act shall be without prejudice to any liability for violation of any provision of the
Revised Penal Code, as amended, or special laws.

CHAPTER III
PENALTIES

Section 8. Penalties. — Any person found guilty of any of the punishable acts enumerated in Sections 4(a) and 4(b) of this Act shall be punished
with imprisonment of prision mayor or a fine of at least Two hundred thousand pesos (PhP200,000.00) up to a maximum amount commensurate to
the damage incurred or both.

Any person found guilty of the punishable act under Section 4(a)(5) shall be punished with imprisonment of prision mayor or a fine of not more
than Five hundred thousand pesos (PhP500,000.00) or both.

If punishable acts in Section 4(a) are committed against critical infrastructure, the penalty of reclusion temporal or a fine of at least Five hundred
thousand pesos (PhP500,000.00) up to maximum amount commensurate to the damage incurred or both, shall be imposed.

Any person found guilty of any of the punishable acts enumerated in Section 4(c)(1) of this Act shall be punished with imprisonment of prision
mayor or a fine of at least Two hundred thousand pesos (PhP200,000.00) but not exceeding One million pesos (PhPl,000,000.00) or both.

Any person found guilty of any of the punishable acts enumerated in Section 4(c)(2) of this Act shall be punished with the penalties as enumerated
in Republic Act No. 9775 or the "Anti-Child Pornography Act of 2009″: Provided,That the penalty to be imposed shall be one (1) degree higher than
that provided for in Republic Act No. 9775, if committed through a computer system.

Any person found guilty of any of the punishable acts enumerated in Section 4(c)(3) shall be punished with imprisonment of arresto mayor or a fine
of at least Fifty thousand pesos (PhP50,000.00) but not exceeding Two hundred fifty thousand pesos (PhP250,000.00) or both.

Any person found guilty of any of the punishable acts enumerated in Section 5 shall be punished with imprisonment one (1) degree lower than that
of the prescribed penalty for the offense or a fine of at least One hundred thousand pesos (PhPl00,000.00) but not exceeding Five hundred
thousand pesos (PhP500,000.00) or both.

CHAPTER IV
ENFORCEMENT AND IMPLEMENTATION

Section 10. Law Enforcement Authorities. — The National Bureau of Investigation (NBI) and the Philippine National Police (PNP) shall be responsible
for the efficient and effective law enforcement of the provisions of this Act. The NBI and the PNP shall organize a cybercrime unit or center manned
by special investigators to exclusively handle cases involving violations of this Act.

Section 15. Search, Seizure and Examination of Computer Data. — Where a search and seizure warrant is properly issued, the law enforcement
authorities shall likewise have the following powers and duties.

Within the time period specified in the warrant, to conduct interception, as defined in this Act, and:

(a) To secure a computer system or a computer data storage medium;

(b) To make and retain a copy of those computer data secured;
(c) To maintain the integrity of the relevant stored computer data;
(d) To conduct forensic analysis or examination of the computer data storage medium; and
(e) To render inaccessible or remove those computer data in the accessed computer or computer and communications network.
Pursuant thereof, the law enforcement authorities may order any person who has knowledge about the functioning of the computer system and
the measures to protect and preserve the computer data therein to provide, as is reasonable, the necessary information, to enable the undertaking
of the search, seizure and examination.

Law enforcement authorities may request for an extension of time to complete the examination of the computer data storage medium and to
make a return thereon but in no case for a period longer than thirty (30) days from date of approval by the court.

Section 16. Custody of Computer Data. — All computer data, including content and traffic data, examined under a proper warrant shall, within
forty-eight (48) hours after the expiration of the period fixed therein, be deposited with the court in a sealed package, and shall be accompanied by
an affidavit of the law enforcement authority executing it stating the dates and times covered by the examination, and the law enforcement
authority who may access the deposit, among other relevant data. The law enforcement authority shall also certify that no duplicates or copies of
the whole or any part thereof have been made, or if made, that all such duplicates or copies are included in the package deposited with the court.
The package so deposited shall not be opened, or the recordings replayed, or used in evidence, or then contents revealed, except upon order of the
court, which shall not be granted except upon motion, with due notice and opportunity to be heard to the person or persons whose conversation
or communications have been recorded.

Section 17. Destruction of Computer Data. — Upon expiration of the periods as provided in Sections 13 and 15, service providers and law
enforcement authorities, as the case may be, shall immediately and completely destroy the computer data subject of a preservation and
examination.

Section 18. Exclusionary Rule. — Any evidence procured without a valid warrant or beyond the authority of the same shall be inadmissible for any
proceeding before any court or tribunal.

Section 19. Restricting or Blocking Access to Computer Data. — When a computer data is prima facie found to be in violation of the provisions of
this Act, the DOJ shall issue an order to restrict or block access to such computer data.

Section 20. Noncompliance. — Failure to comply with the provisions of Chapter IV hereof specifically the orders from law enforcement authorities
shall be punished as a violation of Presidential Decree No. 1829 with imprisonment of prision correctional in its maximum period or a fine of One
hundred thousand pesos (Php100,000.00) or both, for each and every noncompliance with an order issued by law enforcement authorities.

CHAPTER V
JURISDICTION

Section 21. Jurisdiction. — The Regional Trial Court shall have jurisdiction over any violation of the provisions of this Act. including any violation
committed by a Filipino national regardless of the place of commission. Jurisdiction shall lie if any of the elements was committed within the
Philippines or committed with the use of any computer system wholly or partly situated in the country, or when by such commission any damage is
caused to a natural or juridical person who, at the time the offense was committed, was in the Philippines.

There shall be designated special cybercrime courts manned by specially trained judges to handle cybercrime cases.

CHAPTER VII
COMPETENT AUTHORITIES

Section 23. Department of Justice (DOJ). — There is hereby created an Office of Cybercrime within the DOJ designated as the central authority in all
matters related to international mutual assistance and extradition.

Section 24. Cybercrime Investigation and Coordinating Center. — There is hereby created, within thirty (30) days from the effectivity of this Act, an
inter-agency body to be known as the Cybercrime Investigation and Coordinating Center (CICC), under the administrative supervision of the Office
of the President, for policy coordination among concerned agencies and for the formulation and enforcement of the national cybersecurity plan

Section 26. Powers and Functions. — The CICC shall have the following powers and functions:

(a) To formulate a national cybersecurity plan and extend immediate assistance for the suppression of real-time commission of cybercrime offenses
through a computer emergency response team (CERT);
(b) To coordinate the preparation of appropriate and effective measures to prevent and suppress cybercrime activities as provided for in this Act;
(c) To monitor cybercrime cases being bandied by participating law enforcement and prosecution agencies;
(d) To facilitate international cooperation on intelligence, investigations, training and capacity building related to cybercrime prevention,
suppression and prosecution;
(e) To coordinate the support and participation of the business sector, local government units and nongovernment organizations in cybercrime
prevention programs and other related projects;
(f) To recommend the enactment of appropriate laws, issuances, measures and policies;
(g) To call upon any government agency to render assistance in the accomplishment of the CICC’s mandated tasks and functions; and
(h) To perform all other matters related to cybercrime prevention and suppression, including capacity building and such other functions and duties
as may be necessary for the proper implementation of this Act.
CHAPTER VIII
FINAL PROVISIONS

Section 27. Appropriations. — The amount of Fifty million pesos (PhP50,000,000_00) shall be appropriated annually for the implementation of this
Act.

Section 28. Implementing Rules and Regulations. — The ICTO-DOST, the DOJ and the Department of the Interior and Local Government (DILG) shall
jointly formulate the necessary rules and regulations within ninety (90) days from approval of this Act, for its effective implementation.

15. Republic Act No. 9775

AN ACT DEFINING THE CRIME OF CHILD PORNOGRAPHY, PRESCRIBING PENALTIES THEREFOR AND FOR OTHER PURPOSES

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

Section 2. Declaration of Policy. - The State recognizes the vital role of the youth in nation building and shall promote and protect their physical,
moral, spiritual, intellectual, emotional, psychological and social well-being. Towards this end, the State shall:

(a) Guarantee the fundamental rights of every child from all forms of neglect, cruelty and other conditions prejudicial to his/her development;
(b) Protect every child from all forms of exploitation and abuse including, but not limited to:

(1) the use of a child in pornographic performances and materials; and

(2) the inducement or coercion of a child to engage or be involved in pornography through whatever means; and

(c) Comply with international treaties to which the Philippines is a signatory or a State party concerning the rights of children which include, but not
limited to, the Convention on the Rights of the Child, the Optional Protocol to the Convention on the Rights of the Child of the Child on the Sale of
Children, Child Prostitution and Child Pornography, the International Labor Organization (ILO) Convention No.182 on the Elimination of the Worst
Forms of Child Labor and the Convention Against Transnational Organized Crime.

Section 3. Definition of Terms. -

(a) "Child" refers to a person below eighteen (18) years of age or over, but is unable to fully take care of himself/herself from abuse, neglect,
cruelty, exploitation or discrimination because of a physical or mental disability or condition.

For the purpose of this Act, a child shall also refer to:

(1) a person regardless of age who is presented, depicted or portrayed as a child as defined herein; and

(2) computer-generated, digitally or manually crafted images or graphics of a person who is represented or who is made to appear to be a child as
defined herein.

(b) "Child pornography" refers to any representation, whether visual, audio, or written combination thereof, by electronic, mechanical, digital,
optical, magnetic or any other means, of child engaged or involved in real or simulated explicit sexual activities.

(c) "Explicit Sexual Activity" includes actual or simulated -

(1) As to form:
(i) sexual intercourse or lascivious act including, but not limited to, contact involving genital to genital, oral to genital, anal to genital, or oral to
anal, whether between persons of the same or opposite sex;
(2) bestiality;
(3) masturbation;
(4) sadistic or masochistic abuse;
(5) lascivious exhibition of the genitals, buttocks, breasts, pubic area and/or anus; or
(6) use of any object or instrument for lascivious acts
(d) "Internet address" refers to a website, bulletin board service, internet chat room or news group, or any other internet or shared network
protocol address.

(e) "Internet cafe or kiosk" refers to an establishment that offers or proposes to offer services to the public for the use of its computer/s or
computer system for the purpose of accessing the internet, computer games or related services.

(f) "Internet content host" refers to a person who hosts or who proposes to host internet content in the Philippines.

(g) "Internet service provider (ISP)" refers to a person or entity that supplies or proposes to supply, an internet carriage service to the public.

(h) "Grooming" refers to the act of preparing a child or someone who the offender believes to be a child for sexual activity or sexual relationship by
communicating any form of child pornography. It includes online enticement or enticement through any other means.

(i) "Luring" refers to the act of communicating, by means of a computer system, with a child or someone who the offender believes to be a child for
the purpose of facilitating the commission of sexual activity or production of any form of child pornography.(2) Bestiality;

(j) "Pandering" refers to the act of offering, advertising, promoting, representing or distributing through any means any material or purported
material that is intended to cause another to believe that the material or purported material contains any form of child pornography, regardless of
the actual content of the material or purported material.

(k) "Person" refers to any natural or juridical entity.

Section 4. Unlawful or Prohibited Acts. - It shall be unlawful for any person:

(a) To hire, employ, use, persuade, induce or coerce a child to perform in the creation or production of any form of child pornography;

(b) To produce, direct, manufacture or create any form of child pornography;

(c) To publish offer, transmit, sell, distribute, broadcast, advertise, promote, export or import any form of child pornography;

(d) To possess any form of child pornography with the intent to sell, distribute, publish, or broadcast: Provided. That possession of three (3) or
more articles of child pornography of the same form shall be prima facie evidence of the intent to sell, distribute, publish or broadcast;

(e) To knowingly, willfully and intentionally provide a venue for the commission of prohibited acts as, but not limited to, dens, private rooms,
cubicles, cinemas, houses or in establishments purporting to be a legitimate business;
(f) For film distributors, theaters and telecommunication companies, by themselves or in cooperation with other entities, to distribute any form of
child pornography;

(g) For a parent, legal guardian or person having custody or control of a child to knowingly permit the child to engage, participate or assist in any
form of child pornography;

(h) To engage in the luring or grooming of a child;

(i) To engage in pandering of any form of child pornography;

(j) To willfully access any form of child pornography;

(k) To conspire to commit any of the prohibited acts stated in this section. Conspiracy to commit any form of child pornography shall be committed
when two (2) or more persons come to an agreement concerning the commission of any of the said prohibited acts and decide to commit it; and

(l) To possess any form of child pornography.

Section 5. Syndicated Child Pornography - The crime of child pornography is deemed committed by a syndicate if carried out by a group of three (3)
or more persons conspiring or confederating with one another and shall be punished under Section 15(a) of this Act.

Section 6. Who May File a Complaint. - Complaints on cases of any form of child pornography and other offenses punishable under this Act may be
filed by the following:

(a) Offended party;

(b) Parents or guardians;
(c) Ascendant or collateral relative within the third degree of consanguinity;
(d) Officer, social worker or representative of a licensed child-caring institution;
(e) Officer or social worker of the Department of Social Welfare and Development (DSWD);
(f) Local social welfare development officer;
(g) Barangay chairman;
(h) Any law enforcement officer;
(i) At least three (3) concerned responsible citizens residing in the place where the violation occurred; or

(j) Any person who has personal knowledge of the circumstances of the commission of any offense under this Act.

Section 8. Jurisdiction. - Jurisdiction over cases for the violation of this Act shall be vested in the Family Court which has territorial jurisdiction over
the place where the offense or any of its essential elements was committed pursuant to Republic Act No. 8369, otherwise known as "Family Courts
Act of 1997".

Section 9. Duties of an Internet Service Provider (ISP). - All internet service providers (ISPs) shall notify the Philippine National Police (PNP) or the
National Bureau of Investigation (NBI) within seven (7) days from obtaining facts and circumstances that any form of child pornography is being
committed using its server or facility. Nothing in this section may be construed to require an ISP to engage in the monitoring of any user, subscriber
or customer, or the content of any communication of any such person: Provided, That no ISP shall be held civilly liable for damages on account of
any notice given in good faith in compliance with this section.

Section 10. Responsibility of Mall Owners/Operators and Owners or Lessors of Other Business Establishments. - All mall owners/operators and
owners or lessors of other business establishments shall notify the PNP or the NBI within seven (7) days from obtaining facts and circumstances
that child pornography is being committed in their premises. Provided, That public display of any form of child pornography within their premises is
a conclusive presumption of the knowledge of the mall owners/operators and owners or lessors of other business establishments of the violation
of this Act: Provided, further, That a disputable presumption of knowledge by mall owners/operators and owners or lessors of other business
establishments should know or reasonably know that a violation of this Act is being committed in their premises.

Photo developers, information technology professionals, credit card companies and banks and any person who has direct knowledge of any form of
child pornography activities shall have the duty to report any suspected child pornography materials or transactions to the proper authorities
within seven (7) days from discovery thereof.

Any willful and intentional violation of this provision shall be subject to the penalty provided under Section 15(l) of this Act.

Section 11. Duties of an Internet Content Host. - An internet content host shall:

(a) Not host any form of child pornography on its internet address;

(b) Within seven (7) days, report the presence of any form of child pornography, as well as the particulars of the person maintaining, hosting,
distributing or in any manner contributing to such internet address, to the proper authorities; and

(c) Preserve such evidence for purposes of investigation and prosecution by relevant authorities.

An internet content host shall, upon the request of proper authorities, furnish the particulars of users who gained or attempted to gain access to an
internet address that contains any form of child pornography.
An internet content host who shall knowingly, willfully and intentionally violate this provision shall be subject to the penalty provided under Section
15(j) of this Act: Provided, That the failure of the internet content host to remove any form of child pornography within forty-eight (48) hours from
receiving the notice that any form of child pornography is hitting its server shall be conclusive evidence of willful and intentional violation thereof.

Section 12. Authority to Regulate Internet Café or Kiosk. - The local government unit (LGU) of the city or municipality where an internet café or
kiosk is located shall have the authority to monitor and regulate the establishment and operation of the same or similar establishments in order to
prevent violation of the provisions of this Act.

Section 13. Confidentiality. - The right to privacy of the child shall be ensured at any stage of the investigation, prosecution and trial of an offense
under this Act. Towards this end, the following rules shall be observed:

(a) The judge, prosecutor or any officer of the law to whom the complaint has been referred to may, whenever necessary to ensure a fair and
impartial proceeding and after considering all circumstances for the best interest of the child conduct a closed-door investigation, prosecution or
trial;

(b) The name and personal circumstances of the child, including the child's immediate family, or any other information tending to establish his/her
identity shall not be disclosed to the public;

(c) Any record regarding a child shall be confidential and kept under seal. Except upon written request and order of the court, a record shall be
released only to the following:

(1) Members of the court staff for administrative use;

(2) The prosecuting attorney;

(3) Defense counsel;
(4) The guardian ad litem;
(5) Agents of investigating law enforcement agencies and
(6) Other persons as determined by the court.
(d) Any form of child pornography that is part of the court records shall be subject to a protective order that provides as follows:

(1) Any form of child pornography may be viewed only by the parties, their counsel, their expert witness and guardian ad litem;

(2) Neither form of child pornography nor any portion thereof shall be divulged to any other person, except as necessary for investigation,
prosecution or trial; and

(3) No person shall be granted access to any form of child pornography or any part thereof unless he/she signs a written affirmation that he/she
has received and read a copy of the protection order; that he/she submits to the jurisdiction of the court with respect to the protective order; and
that, in case of violation thereof, he/she will be subject to the contempt power of the court; and

(e) In cases when prosecution or trial is conducted behind closed doors, it shall be unlawful for any editor, publisher and reporter or columnist in
case of printed materials, announcer or producer in case of television and radio, producer and director of a film in case of the movie industry, or
any person utilizing the tri-media facilities or information technology to publish or broadcast the names of the victims of any case of child
pornography.

Any violation of this provision shall be subject to the penalty provided for under Section 15(m) of this Act.

Section 14. Care, Custody and Treatment of a Child Victim. - The DSWD shall ensure that the child who is a victim of any form of child pornography
is provided appropriate care, custody and support for their recovery and reintegration in accordance with existing laws.

The child and his family shall be entitled to protection as well as to the rights and benefits of witnesses under Republic Act No. 6981, otherwise
known as "The Witness Protection, Security and Benefit Act".

The child shall also be considered as a victim of a violent crime defined under Section 3(d) of Republic Act No. 7309, otherwise known as "An Act
Creating a Board of Claims under the Department of Justice for Victims of Unjust Imprisonment or Detention and Victims of Violent Crimes and for
Other Purposes", so that the child may claim compensation therein.

Section 15. Penalties and Sanctions. - The following penalties and sanctions are hereby established for offenses enumerated in this Act:

(a) Any person found guilty of syndicated child pornography as defined in Section 5 of this Act shall suffer the penalty of reclusion perpetua and a
fine of not less than Two million pesos (Php2,000,000.00) but not more than Five million pesos (Php5,000,000.00);

(b) Any person found guilty of violating Section 4(a), (b) and (c) of this Act shall suffer the penalty of reclusion temporal in its maximum period and a
fine of not less than One million pesos (Php1,000,000.00) but not more than Two million (Php2,000,000.00);

(c) Any person found guilty of violating Section 4(d), (e) and (f) of this Act shall suffer the penalty of reclusion temporal in its medium period and a
fine of not less than Seven hundred fifty thousand pesos (Php750,000.00) but not more than One million pesos (Php1,000,000.00);

(d) Any person found guilty of violating Section 4(g) of this Act shall suffer the penalty of reclusion temporal in its minimum period and a fine of not
less than Five hundred thousand pesos (Php500,000.00) but not more than Seven hundred thousand pesos (Php700,000.00);

(e) Any person found guilty of violating Section 4(h) of this Act shall suffer the penalty of prision mayor in its maximum period and a fine of not less
than Three hundred thousand pesos (Php300,000.00) but not more than Five hundred thousand pesos (Php500,000.00);
(f) Any person found guilty of violating Section 4(I) of this Act shall suffer the penalty of prision mayor in its minimum period and a fine of not less
than Three hundred thousand pesos (php300,000.00) but not more than Five hundred thousand pesos (Php500,000.00);

(g) Any person found guilty of violating Section 4(j) of this Act shall suffer the penalty of prision correccional in its maximum period and a fine of not
less than Two hundred thousand pesos (Php200,000.00) but not more than Three hundred thousand pesos (Php300,000.00);

(h) Any person found guilty of violating Section 4(k) of this Act shall suffer the penalty of prision correccionalin its medium period and a fine of not
less than One hundred thousand pesos (php100,000.00) but not more than Two hundred fifty thousand pesos (php250,000.00);

(i) Any person found guilty of violating Section 4(l) of this Act shall suffer the penalty of arresto mayor in its minimum period and a fine of not less
than Fifty thousand pesos (Php50,000.00) but not more than One hundred thousand pesos (Php100,000.00);

(j) Any person found guilty of violating Section 11 of this Act shall suffer the penalty of prision correccional in its medium period and a fine of not
less than One million pesos (Php1,000,000.00) but not more than Two million pesos (Php2,000,000.00) for the first offense. In the case of a
subsequent offense, the penalty shall be a fine not less than Two million pesos (Php2,000,000.00) but not more than Three million pesos
(Php3,000,000.00) and revocation of its license to operate and immediate closure of the establishment;

(k) Any ISP found guilty of willfully and knowingly failing to comply with the notice and installation requirements under Section 9 of this Act shall
suffer the penalty of a fine of not less than Five hundred thousand pesos (Php500,000.00) but not more than One million pesos (Php1,000,000.00)
for the first offense. In case of subsequent offense, the penalty shall be a fine of not less than One million pesos (Php1,000,000.00) but not more
than Two million pesos (Php2,000,000.00) and revocation of its license to operate;

(l) Any mall owner-operator and owner or lessor of other business establishments including photo developers, information technology
professionals, credit card companies and banks, found guilty of willfully and knowingly failing to comply with the notice requirements under
Section 10 of this Act shall suffer the penalty of a fine of not less than One million pesos (Php1,000,000.00) but not more than Two million pesos
(Php2,000,000.00) for the first offense. In the case of a subsequent offense, the penalty shall be a fine of not less than Two million pesos
(Php2,000,000.00) but not more than Three million pesos (Php3,000,000.00) and revocation of its license to operate and immediate closure of the
establishment; and

(m) Any person found guilty of violating Section 13 of this Act shall suffer the penalty of arresto mayor in its minimum period and a fine of not less
than One hundred thousand pesos (Php100,000.00) but not more than Three hundred thousand pesos (Php300,000.00).

Section 16. Common Penal Provisions. -

(a) If the offender is a parent, ascendant, guardian, step-parent or collateral relative within the third degree of consanguinity or affinity or any
person having control or moral ascendancy over the child, the penalty provided herein shall be in its maximum duration; Provided, That this
provision shall not apply to Section 4(g) of this Act;

(b) If the offender is a juridical person, the penalty shall be imposed upon the owner, manager, partner, member of the board of directors and/or
any responsible officer who participated in the commission of the crime or shall have knowingly permitted or failed to prevent its commissions;

(c) If the offender is a foreigner, he/she shall be immediately deported after the complete service of his/her sentence and shall forever be barred
from entering the country; and

(d) The penalty provided for in this Act shall be imposed in its maximum duration if the offender is a public officer or employee.

Section 17. Confiscation and Forfeiture of the Proceeds, Tools and Instruments Used in Child Pornography. - In addition to the penalty imposed for
the violation of this Act, the court shall order the confiscation and forfeiture in favor of the government of all the proceeds, tools and instruments
used in the commission of the crime, unless they are the property of a third person not liable for the unlawful act; Provided, however, That all
awards for damages shall be taken from the personal and separate properties of the offender; Provided, further, That if such properties are
insufficient, the deficiency shall be taken from the confiscated and forfeited proceeds, tools and instruments.

All proceeds derived from the sale of properties used for the commission of any form of child pornography shall accrue to the special account of
the DSWD which shall be used exclusively for the implementation of this Act.

When the proceeds, tools and instruments used in the commission of the offense have been destroyed diminished in value or otherwise rendered
worthless by any act or omission, directly or indirectly, of the offender, or it has been concealed, removed, converted or transferred to prevent the
same from being found or to avoid forfeiture or confiscation, the offender shall be ordered to pay the amount equal to the value of the proceeds,
tools and instruments used in the commission of the offense.1avvphi1

Section 18. Mandatory Services to Victims of Child Pornography. - To ensure recovery, rehabilitation and reintegration into the mainstream of
society concerned government agencies and the LGUs shall make available the following services to victims of any form of child pornography:
(a) Emergency shelter or appropriate housing;
(b) Counseling;
(c) Free legal services, which shall include information about the victim's rights and the procedure for filing of complaints, claims for compensation
and such other legal remedies available to them in a language understood by the child;
(d) Medical or psychological services;
(e) Livelihood and skills training; and
(f) Educational assistance.
Sustained supervision and follow through mechanism that will track the progress of recovery, rehabilitation and reintegration of the child victims
shall adopted and carried out.
Section 19. Programs for Victims of Child Pornography. The Inter-Agency Council Against Child Pornography created under Section 20 of this Act
shall develop and implement the necessary programs that will prevent any form of child pornography, as well as protect, heal and reintegrate the
child into the mainstream of society. Such programs shall include beat but not limited to the following:

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

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

(c) Provision of necessary technical and material support services to appropriate government agencies and nongovernmental organizations:

(d) Sponsorship of conferences and seminars to provide venue for consensus building amongst the public, the academe , government,
nongovernmental and international organizations and

(e) Promotion of information and education campaign.

Section 20. Inter - Agency Council against Child Pornography. - There is hereby established an Inter-Agency Council against Child Pornography to be
composed of the Secretary of the DSWD as chairperson and the following as members:

(a) Secretary of the Department of Justice:

(b) Secretary of the Department of Labor and Employment
(c) Secretary of the Department of Science and Technology
(d) Chief of the Philippine National Police;
(e) Chairperson of the Commission on Information and Communications Technology;
(g) Commissioner of the National Telecommunications Commission;
(h) Executive Director of the Council for the Welfare of Children;
(i) Executive Director of the Philippine Center for Transnational Crimes;
(j) Executive Director of the Optical Media Board;
(k) Director of the National Bureau of Investigation; and
(l) Three (3) representatives from children's nongovernmental organizations. These representatives shall be nominated by the government agency
representatives of the Council for appointment by the President for a term of three (3) years and may be renewed upon renomination and
reappointment by the Council and the President respectively.
The members of the Council mat designate their permanent representatives, who shall have a rank not lower than assistant secretary or its
equivalent, to meetings and shall receive emoluments as may be determined by the Council in accordance with existing budget and accounting
rules and regulations.

The DSWD shall establish the necessary Secretariat for the Council.

Section 21. Functions of the Council. - The Council shall have the following powers and functions:

(a) Formulate comprehensive and integrated plans and programs to prevent and suppress any form of child pornography;

(b) Promulgate rules and regulations as may be necessary for the effective implementation of this Act;

(c) Monitor and oversee the strict implementation of this Act;

(d) Coordinate the programs and projects of the various members agencies effectively address the issues and problems attendant to child
pornography;

(e) Conduct and coordinate massive information disseminations and campaign on the existence of the law and the various issues and problems
attendant to child pornography;

(f) Direct other agencies to immediately respond to the problems brought to their attention and report to the Council on the action taken;

(g) Assist in the filling of cases against individuals, agencies, institutions or establishments that violate the provisions of this Act;

(h) Formulate a program for the reintegration of victims of child pornography;

(i) Secure from any department, bureau, office, agency or instrumentality of the government or from NGOs and other civic organizations such
assistance as may be needed to effectively implement this Act;

(j) Complement the shared government information system relative to child abuse and exploitation and ensure that the proper agencies conduct a
continuing research and study on the patterns and schemes of any form of child pornography which form basis for policy formulation and program
direction;

(k) develop the mechanism to ensure the timely, coordinated and effective response to cases of child pornography;

(l) Recommend measures to enhance cooperative efforts and mutual assistance among foreign countries through bilateral and/or multilateral
arrangements to prevent and suppress any form of child pornography;

(m) Adopt measures and policies to protect the rights and needs of the victims of child pornography who are foreign nationals in the Philippines;
(n) maintain a database of cases of child pornography;

(o) Initiate training programs in identifying and providing the necessary intervention or assistance to victims of child pornography.

(p) Submit to the President and the Congressional Oversight committee credited herein the annual report on the policies, plans, programs and
activities of the Council relative to the implementation of this Act; and

(q) Exercise all the powers and perform such other functions necessary to attain the purposes and objectives of this Act.

Section 22. Child Pornography as a Transnational Crime. - Pursuant to the Convention on transnational Organized Crime, the DOJ may execute the
request of a foreign state for assistance in the investigation or prosecution of any form of child pornography by: (1) conducting a preliminary
investigation against the offender and, if appropriate, to file the necessary charges in court; (2) giving information needed by the foreign state; and
(3) to apply for an order of forfeiture of any proceeds or monetary instrument or properly located in the Philippines used in connection with child
pornography in the court; Provided, That if the DOJ refuses to act on the request of for delaying the execution thereof: Provided, further, That the
principles of mutuality and reciprocity shall, for this purpose, be at all times recognized.

Section 23. Extradition. - The DOJ, in consultation with the Department of Foreign Affairs (DFA), shall endeavor to include child pornography among
extraditable offenses in future treaties..

Section 25. Appropriations. - The amount necessary to implement the provisions of the Anti-Child Pornography Act and the operationalization of
the Inter-Agency Council Against Child Pornography shall be included in the annual General Appropriations Act.